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10th Amendment 06/21/2023 OJA COURiQ Kevin Madok, CPA D: A V Clerk of the Circuit Court&Comptroller—Monroe County, Florida o .. yRcecou 1 DATE: June 22, 2023 TO: Kevin G.Wilson, PE Assistant County Administrator ATTN: Suzanne Rubio Executive Administrator FROM: Pamela G. Hanco&.C. SUBJECT: June 21"BOCC Meeting Attached are electronic copies of die following items for your handling: C4 10ie Amendment to die Amended and Restated Agreement with Florida Keys Society for Prevention of Cruelty to Animals, Inc. for operation of die Key West Animal Slielter providing for a CPI adjustment of$54,204.81 (6.5%) retroactive to May 1, 2023.The annual contract amount ($888,124.93) is funded by ad valorem revenues. C8 7ie Amendment to Contract wide Florida Keys Society for Prevention of Cruelty to Animals, Inc. for operation of die Maradion Animal Shelter providing for a CPI adjustment of $31,938.18 (6.5%) effective July 1, 2023.The annual contract amount of$523,294.86 is funded by ad valorem revenues. Sliould you have any questions please feel free to contact me at (305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 TENTH AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation ofthe Key West Animal Shelter) THIS TENTH AMENDMENT TO AMENDED AND RE STATED AGREEMENT is entered into this 21st day of June, 2023, between Monroe County Board of County Commissioners (County) and Florida Keys Society for Prevention of Cruelty to Animals, Inc,, a. Florida not-l'or-profit corporation (FKSPCA/Contractor), in order to amend the agreement entered into on May 1, 2014, as amended on April 20, 2016 and May 17, 2017 and May 16, 2018 and August 15, 2018 and May 22, 2019 and July 15, 2020 and August 19, 2020 and May 19, 2021 and May 18, 2022 WHEREAS, the parties entered into an Amended and Restated Agreement on May 1, 2014 for the FKSI11CA to provide long-term animal control services and enforcement and to build a new Key West animal shelter pursuant to the provisions of F.S. 287.05712; and WHEREAS, the FI<SPCA has requested a CPI adjustment as allowed under the agreement; and IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: I. In accordance with Paragraph 4., RENEWAL the contract arnount is hereby, adjusted by 6.5% CP1 for all urban consumers (CPI-U) for the most recent 12 months ending on December 31, 2022. Effective May 1, 2023, the total compensation paid to the Contractor for its services under this agreement shall be$888,124.93 per annum. 2. In all other respects, the remaining terms of the Agreement entered into on May 1, 2014, as amended and as assigned, not inconsistent herewith, shall remain in hill force and effect. (RINAINDER OF PAGE INT13,NTIONALLY 1,EFTBLANKJ Page I of 2 'H'NTH APB HNDMr-,'N1' "OAMENDED AND RES'rA"1'1,'DA(jREI-'MF,N'1'2014.05.01 (OP"ution of the Key West Animut Shelter) TENTH AMENDMENT TO AMENDED ANDRESTATED AGREEMENT (Operation of the Key West Animal Shelter) C WHEREOF, the parties have caused these. Presents, to be executed 'in the s M f� OK, CLERK BOARD OF COUNTY COMMISSIONERS 4 "•Q""�°�����_� OF 1�%10 RO CO T FLORIDA By• By: As Deputy Clerk Mayor Pro Tem Date: . ,Julqe.21, 2023 W' 's' S gnatur THE FLORIDA KEYS'SOCIETY FOR 1 . h 3. 3 THE PREVENTION OF CRUELTY TO Print:Name. Dat ANIMALS,-INC. Witness Signature By: TammyFox Executive Director 5-23-23 0 President Print Name 'Date Date: Address: /Joe 1&tL 11 Approved as to fonn raid legal sufficiency Monroe Comth•Adorned s Office ' f" Cluistina C&ri Assistant County Attorney x-') C rri Date:5/23129 ;.T r_ x n- pa pn N O C �7 z� 7.0 r �. m 'j as N en C Page 2 of 2 TENTI I AMENDMENT TO AMENDED AND RFSTATED.AGRLMMEN T 2014.05.01 (pi oralionorthe Key West Animal Shelter) DATE(MM/DD/YYYY) ACCOR" CERTIFICATE OF LIABILITY INSURANCE 7/27/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Key West Insurance PHONE FAX 646 United Street, Suite 1 A/C No Ext: 305-294-1096 A/c,No):305-294-8016 Key West FL 33040 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# License#:L100460 INSURERA: Burlington Insurance Company 23620 INSURED FLORKEY-07 INSURERB: Progressive Express Insurance Company 10193 Florida Keys S.P.C.A. w 5711 College Rd suRERc:Arch Insurance Company 11150 Key West FL 33040 INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:1458978646 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY Y 53513537840 7/1/2022 7/1/2023 EACH OCCURRENCE $2,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $300,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY❑ PRO- ❑ JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ B AUTOMOBILE LIABILITY Y 06456454 6/30/2022 6/30/2023 COMBINED SINGLE LIMIT $1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICE R/M EMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability Y 53513537840 7/1/2022 7/1/2023 2000000 C Directors&Officers Liability NFP0125245-05 7/1/2022 7/1/2023 1000000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION APPROVED BY RISK MANAGEMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE DATE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN BY.., Monroe County BOCC h�I�2023 ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St WAIVER N/A YES AUTHORIZED REPRESENTATIVE Key West FL 33040 — — �^-�. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD DATE(MMIDD1YYYY) ACC)R" CERTIFICATE OF LIABILITY INSURANCE 5/31/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE Prime Insurance Solutions, Inc. AICC,No,EXt: (321)259-7920 FAX No): 321 259-7921 3040 N.Wickham RD. E-MAIL SuiteADDRESS: Melbourne FL,32935 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:FCBI-FUND 15764 INSURED INSURER B: Florida Keys Society for the Prevention INSURER C: of Cruelty to Animals, Inc. INSURER D: ,5711 COLLEGE RD KEY WEST, FL 33040 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD1YYYY MMIDD1YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE 1:1OCCUR PREMISES (Ea o.u'rcoce) $ APPROVED BY RISK MANAGEMENT MED EXP(Any one person) $ d " BY PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: DATE 6/11202' GENERAL AGGREGATE $ POLICY PRO- ❑ LOC WAIVER N/A_YES_ El JECT PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANYPROPRIETOR/PARTNER/E>CECUTIVE YN N/A E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBEREXCLUDED? 10664132-2022 03/29/23 03/29/24 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 DEes,SCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 SIMONTON ST. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN KEY WEST, FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. EMAIL: flatt-jaclyn@monroecounty-fl.gov AUTHORIZED REPRESENTATIVE ';'I ew� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DATE(MM/DD/YYYY) ACCOR" CERTIFICATE OF PROPERTY INSURANCE 5/31/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. PRODUCER CONTACT NAME: Key West Insurance PHONE FAX 646 United Street, Suite 1 A/c No EXt:305-294-1096 A/C,No):305-294-8016 Key West FL 33040 ADDRESS: PRODUCER FLORKEY-07 CUSTOMER ID: License#:L100460 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Old Dominion Insurance Company 40231 Florida Keys S.P.C.A. 5711 College Rd INsuRER6: Wright National Flood Insurance Company 11523 Key West FL 33040 INSURERC: Lloyds Insurance Company S.A. 0 INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 762716345 REVISION NUMBER: LOCATION OF PREMISES/DESCRIPTION OF PROPERTY (Attach ACORD 101,Additional Remarks Schedule,if more space is required) 5711 College Rd, Key West, FL 33040 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS LTR DATE(MM/DD/YYYY) DATE(MM/DD/YYYY) C )( PROPERTY MPC0604877 12/28/2022 12/28/2023 X BUILDING $7,500,000 B 091151775622 3/8/2023 3/8/2024 CAUSES OF LOSS DEDUCTIBLES X PERSONAL PROPERTY $1,000,000 BASIC BUILDING BUSINESS INCOME $ 25,000 APPROVED BY RISK MANAGEMENT BROAD CONTENTS EXTRAEXPENSE $ X SPECIAL BY,, :. ;:.W. RENTAL VALUE $ 6 EARTHQUAKE DATE /15/2O23 BLANKET BUILDING $ X WIND 225,000 WAIVER N/A_YES_ BLANKET PERS PROP $ X FLOOD 50,000 BLANKET BLDG&PP $ X Bldg-Flood $500,000 X Contents-Flood $500,000 INLAND MARINE TYPE OF POLICY $ CAUSES OF LOSS $ NAMED PERILS POLICY NUMBER $ A X CRIME F271572-N 6/26/2022 6/26/2023 $100,000 TYPE OF POLICY $ Employee Dishonestry $ BOILER&MACHINERY/ $ EQUIPMENT BREAKDOWN SPECIAL CONDITIONS/OTHER COVERAGES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton St AUTHORIZED REPRESENTATIVE Key West FL 33040y� ©1995-2015 ACORD CORPORATION. All rights reserved. ACORD 24(2016103) The ACORD name and logo are registered marks of ACORD DATE(MM/DD/YYYY) ACCOR" CERTIFICATE OF PROPERTY INSURANCE 5/31/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. PRODUCER CONTACT NAME: Key West Insurance PHONE FAX 646 United Street, Suite 1 A/c No EXt:305-294-1096 A/C,No):305-294-8016 Key West FL 33040 ADDRESS: PRODUCER FLORKEY-07 CUSTOMER ID: License#:L100460 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Old Dominion Insurance Company 40231 Florida Keys S.P.C.A. 5711 College Rd INsuRER6: Wright National Flood Insurance Company 11523 Key West FL 33040 INSURERC: Lloyds Insurance Company S.A. 0 INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 762716345 REVISION NUMBER: LOCATION OF PREMISES/DESCRIPTION OF PROPERTY (Attach ACORD 101,Additional Remarks Schedule,if more space is required) 5711 College Rd, Key West, FL 33040 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS LTR DATE(MM/DD/YYYY) DATE(MM/DD/YYYY) C )( PROPERTY MPC0604877 12/28/2022 12/28/2023 X BUILDING $7,500,000 B 091151775622 3/8/2023 3/8/2024 CAUSES OF LOSS DEDUCTIBLES X PERSONAL PROPERTY $1,000,000 BASIC BUILDING BUSINESS INCOME $ 25,000 APPROVED BY RISK MANAGEMENT BROAD EXTRA EXPENSE $ CONTENTS �r,,� X SPECIAL RENTALVALUE $ EARTHQUAKE DATE 611519093 BLANKET BUILDING $ X WIND 225,000 WAIVER N/A YES BLANKET PERS PROP $ X FLOOD 50,000 BLANKET BLDG&PP $ X Bldg-Flood $500,000 X Contents-Flood $500,000 INLAND MARINE TYPE OF POLICY $ CAUSES OF LOSS $ NAMED PERILS POLICY NUMBER $ A X CRIME F271572-N 6/26/2022 6/26/2023 $100,000 TYPE OF POLICY $ Employee Dishonestry $ BOILER&MACHINERY/ $ EQUIPMENT BREAKDOWN SPECIAL CONDITIONS/OTHER COVERAGES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton St AUTHORIZED REPRESENTATIVE Key West FL 33040y� ©1995-2015 ACORD CORPORATION. All rights reserved. ACORD 24(2016103) The ACORD name and logo are registered marks of ACORD