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HomeMy WebLinkAbout9th Amendment 04/16/2025 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: April 25, 2025 TO: Kevin Wilson Acting County Administrator Tina Losacco Senior Engineering Technician ATTN: Suzanne Rubio Project Manager, Administration FROM: Liz Yongue, Deputy Clerk SUBJECT: April 16, 2025 BOCC Meeting The following item has been executed and added to the record: C5 9th Amendment to waive the Purchasing Policy and extend the contract with Florida Keys Society for Prevention of Cruelty to Animals, Inc., for an additional five (5) years and three (3) months to end September 30, 2030 and to change the annual adjustment to 3% annually rather than the current annual CPI based adjustments. The total contract amount from July 1, 2025 through September 30, 2025 will be $139,329.87, and the annual contract amount for FY26 is $557,319.50. Funding is from ad valorem. Should 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 NINTH AMENDMENT TO CONTRACT (Operation of the Marathon Animal Shelter) THIS NINTH AMENDMENT TO CONTRACT is entered into this 25th day of March, between Monroe County Board of County Commissioners (County) and Florida Keys Society for Prevention of Cruelty to Animals, Inc., a Florida not-for-profit corporation(FKSPCA/Contractor), in order to amend the agreement entered into on November 14, 2017, and as amended on May 16, 2018, May 22, 2019, June 17, 2020, July 15, 2020, July 21, 2021, June 15, 2022, June 21, 2023 and April 17, 2024 as follows; WHEREAS, as a result of the competitive solicitation issued by the County, the FKSPCA and County entered into an agreement dated November 14, 2017, whereby the FKSPCA will operate the Marathon Animal Shelter and provide animal control services from Mile Marker 16.7 to Mile Marker 70 (Agreement). The term of the Agreement, as amended and renewed on June 17, 2020, by a Third Amendment is November 15, 2017 to June 30, 2025, and; WHEREAS, the terms of the Agreement, as amended on June 17, 2020, by a Third Amendment,provides that the contract anniversary date will be July 1 st; and WHEREAS,the terms of the Agreement provide that the contract amount may be adjusted annually by the percentage change in the Consumer Price Index (CPI) for all urban consumers (CPI-U) for the most recent 12 months available ending in December of each year; and WHEREAS, the Agreement was amended by an Eighth Amendment dated April 17,2024 which adjusted the contract amount by 3.4%, increasing the contract to $541,086.89per annum; and WHEREAS, the FKSPCA has requested hours of operation for the Marathon campus branch to at a minimum,the shelter shall be open to the public from 9:30 a.m.to 4:00 p.m.,Eastern Time, Monday through Friday, and from 10:30 a.m. to 2:00 p.m. Eastern Time on Saturdays with time adjustment allowed upon mutual written consent of the County and Contractor; and WHEREAS, the County desires to extend the current contract for an additional five (5) years and three (3) month to expire on September 30, 2030; and WHEREAS, the County desires to change the annual adjustment to 3% annually rather than the current annual CPI based adjustments with the first adjustment effective July 1, 2025 through September 30, 2026 and annually beginning October 1, 2026 for the remaining contract term; and IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. The term of this agreement will be extended for an additional five (5) years and three (3) months, beginning on July 1, 2025 and ending on September 30, 2030 unless terminated earlier as stated in Sections XXIV and XXV of the November 14, 2017 original contract. 2. Paragraph V, RENEWAL will be amended as the contract amount is hereby adjusted by Page 1 of 3 NINTH AMENDMENT TO CONTRACT (Operation of the Marathon Animal Shelter) NINTH AMENDMENT TO CONTRACT (Operation of the Marathon Animal Shelter) 3% effective July 1, 2025 through September 30, 2026 and annually beginning October 1, 2026 for the remaining contract term. Annual contract amounts will be as follows: • The total contract amount from July 1, 2025 through September 30, 2025 (remainder of FY25)will be $139,329.87. • The total contract amount for FY26 - October 1, 2025 through September 30, 2026 will be $557,319.50 • The total contract amount for FY27 - October 1, 2026 through September 30, 2027 will be $574,039.08 • The total contract amount for FY26 - October 1, 2027 through September 30, 2028 will be $591,260.26 • The total contract amount for FY26 - October 1, 2028 through September 30, 2029 will be $608,998.06 • The total contract amount for FY26 - October 1, 2029 through September 30, 2030 will be $627,268.00 3. Paragraph A.8 is replaced in it's entirety with the following: 8. HOURS OF OPERATIONS: At a minimum: the Marathon Animal Shelter shall be open to the public from 9:30 a.m. to 4:00 p.m., Eastern Time, T-tiesday Monday through Friday, and 10:30 a.m. to 2:00 p.m., Eastern time, on Saturday arm. Hours of operation may be adjusted only upon mutual written consent of the County and the Contractor in the form of a contract amendment approved by both parties." 4. In all other respects, the remaining terms of the Agreement entered into on November 14, 2017, as amended, not inconsistent herewith, shall remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 2 of 3 NINTH AMENDMENT TO CONTRACT (Operation of the Marathon Animal Shelter) NINTH AMENDMENT TO CONTRACT (Operation of the Marathon Animal imal Shelter) IN WITNESS WHEREOF,the parties have caused these presents to be executed in the respective names. .J'r ,-x''�„13 .. �.`'fir.,-,.... y,,,., t� j yg r ., n4•,r'(SEAL)E1.Y, t�v� •,':�l'y Attests: : s, , MADOK, CLERK BOARD OF COUNTY COMMISSIONERS illig"','('- 4;',il',:, „, ��s t 1 f,w� OF ROE COUNT L 0- _ ., I t Iii ,,,,,3 ''''''''''V,,,...;-•,',..g. I e.„...,.„, ,,,, . 0 i '''---:::: c'C'• .'.'. 1 '''S,\TAi)1 I 11. ' .4(12,bh, 7, \ �1 _ V47.,-,.1,:',i1Z,:,0,,i'l-.„;,4,,,.:,, . By:, ',', tiV Yam.. ,. -- (EP - -- ....-,i yr ;,y: _,.r 4 3 :. -OPp► Clerk Mayor/Chairman Da te: ---\__\-- • THE FLORIDA KEYS SOCIETY FOR Witness Signature THE PREVENTION OF CRUELTY TO Executive Director' ANIMALS, INC. Title :. • �. 2-19=25 � � r��. .. Tammy:Fox By: : / , - Print Name ,Date : Pres P ' Date: 2/18/2.025: :57119 College Road; KeyWest FL 33040 .. . 4 .. . Address: Witness Signature Vice President. Title Linda.A.Walker 2-19-25 Print Name Date 'a: M. .1"! . - •r--- a-.; , MONROE COUNTY ATTORNEY „ ti,. APPROVED AS 'FORM:' rel • CD ASSISTANT COUNTY ATTORNEY ;Po, 4/23/2025 ' .— :.., Page 3 of 3 NINTH AMENDMENT TO CONTRACT - . ' (Operation of the MarathonAnimal Shelter) DATE(MM/DD/YYYY) ACCOR" CERTIFICATE OF LIABILITY INSURANCE 9/19/2024 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 3152 Northside Drive, Unit201A 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:Arch Insurance Company 11150 Florida Keys S.P.C.A. INSURERC: Progressive Express Insurance Company 10193 5711 College Rd Key West FL 33040 INSURERD: Old Dominion Insurance Company 40231 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2069940882 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 53513542495 7/1/2024 7/1/2025 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 $ X OTHER: Professional Liab Professional Liab. $included C AUTOMOBILE LIABILITY Y 06456454 6/30/2024 6/30/2025 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 $ B Directors/OfficersLiability NFP0125245-07 7/1/2024 7/1/2025 D&O 1,000,000 D Employee Dishonesty F271572-N 6/26/2024 6/26/2025 Bond 100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) APPROVED BY RISK MANAGEMENT BY Cl(or� ,eK¢a- DATE &.12.25 WAIVER NIA X YES 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 33040 -- /' ( ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD DATE(MM/DD/YYYY) ACCOR" CERTIFICATE OF PROPERTY INSURANCE 9/19/2024 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 3152 Northside Drive, Unit201A 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 INSURERA: Century Surety Company 36951 Florida Keys S.P.C.A. 5711 College Rd INsuRER6: Wright National Flood Insurance Company 11523 Key West FL 33040 INSURERC: Citizens Property Insurance Corporation 10064 INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 1364540693 REVISION NUMBER: LOCATION OF PREMISES/DESCRIPTION OF PROPERTY (Attach ACORD 101,Additional Remarks Schedule,if more space is required) 10550 Aviation Blvd,Marathon, FL 33050 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) A )( PROPERTY CCP1220271 7/12/2024 7/12/2025 X BUILDING $411,000 CAUSES OF LOSS DEDUCTIBLES X PERSONAL PROPERTY $21,000 X BASIC BUILDING BUSINESS INCOME $ 1,000 BROAD CONTENTS EXTRAEXPENSE $ SPECIAL RENTAL VALUE $ EARTHQUAKE BLANKET BUILDING $ X WIND 3% BLANKET PERS PROP $ X FLOOD 1,250 BLANKET BLDG&PP $ INLAND MARINE TYPE OF POLICY $ CAUSES OF LOSS $ NAMED PERILS POLICY NUMBER $ CRIME TYPE OF POLICY $ BOILER&MACHINERY/ $ EQUIPMENT BREAKDOWN B Flood 091152342659 6/30/2024 6/30/2025 X Building $453,000 C Wind 00023680 7/3/2024 7/3/2025 X Building $438,000 SPECIAL CONDITIONS/OTHER COVERAGES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) APPROVED BY RISK MANAGEMENT BY �a.¢11— rta a DATE 03.12.2 WAIVER N/A X YES 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 33040 ©1995-2015 ACORD CORPORATION. All rights reserved. ACORD 24(2016103) The ACORD name and logo are registered marks of ACORD