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HomeMy WebLinkAboutItem C25 C25 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting May 21, 2025 Agenda Item Number: C25 2023-3259 BULK ITEM: Yes DEPARTMENT: Animal Control TIME APPROXIMATE: STAFF CONTACT: Tina LoSacco N/A AGENDA ITEM WORDING: Approval of a Twelfth amendment to the FKSPCA Key West contract for animal control services providing for a CPI adjustment of$26,631.31 a 2.9% increase retroactive to May 1, 2025. The annual contract amount of$944,952.49 is funded by ad valorem revenues. ITEM BACKGROUND: The contract provides for annual adjustments based the Consumer Price Index for all urban consumers (CPI-U) as of December 31 st of the previous year. December 2024's annual change was 2.9%. Retroactive to May 1, 2025, the agreement will increase to a total contract price of$944,952.49 per annum. PREVIOUS RELEVANT BOCC ACTION: BOCC approved on May 1, 2014 the restated contract for animal services between Mile Marker 0 and Mile Marker 16.7, including the City of Key West. BOCC approved on April 20, 2016 the 1st Amendment for the annual CPI-U increase. BOCC approved on November 22. 2016 an addendum, the grant for a new shelter. BOCC approved on May 17, 2017 the 2nd Amendment for the annual CPI-U increase. BOCC approved on May 16, 2018 the 3rd Amendment for the annual CPI-U increase. BOCC approved on August 15, 2018 the 4th Amendment a utility increase to cover the new shelter's larger footprint and utility needs. BOCC approved on May 22, 2019 the 5th Amendment for the annual CPI-U increase. BOCC approved on July 15, 2020 the 6th Amendment updating contract language to remove a 1/12 monthly cap for reimbursements. BOCC approved on August 19, 2020 the 7th Amendment reconciling the new utility increase with the cost of utilities paid prior to Amendment 4. BOCC approved on May 19, 2021 the 8th Amendment for the annual CPI-U increase. BOCC approved on May 18, 2022 the 9th Amendment for the annual CPI-U increase. BOCC approved on June 22, 2023 the 10th Amendment for the annual CPI-U increase. BOCC approved on April 17, 2024 the 11 th Amendment or the annual CPI-U increase. 1254 INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: GPJ 5/6 - Risk approval subject to WC COI by 5/13. TS requesting corrected COI from contractor STAFF RECOMMENDATION: Approve DOCUMENTATION: 2025 03 COI FKSPCA GL ALIT DO exp 6.30.25 ED exp 6.26.25 signed.pdf - 12 Amend CPI 2025 FKSPCA CAY DRAFT.pdf 2025.12 exp - IOW Property wind flood.pdf 2026.03 exp - FKSPCA WC.pdf FINANCIAL IMPACT: Total dollar value of the contract is $944,952.49. The current year portion is estimated to be $433,103.22. This amount is budgeted and the source of funding is ad valorem revenue. 1255 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#:L1004601 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 DAMAGETORENTED 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 $ OFFICER/MEMBER 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� ,eit¢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 1256 TWELFTH AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) THIS TWELFTH AMENDMENT TO AMENDED AND RESTATED AGREEMENT is entered into this 21" day of May, 2025, 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 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 and June 21,2023 and April 17, 2024 WHEREAS,the parties entered into an Amended and Restated Agreement on May 1,2014 for the FKSPCA 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 FKSPCA 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: 1. In accordance with Paragraph 4., RENEWAL the contract amount is hereby adjusted by 2.9% CPI for all urban consumers (CPI-U) for the most recent 12 months ending on December 31, 2024. Effective May 1, 2025, the total compensation paid to the Contractor for its services under this agreement shall be $944,952.49 per annum, an increase of $26.631.31 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 full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 1 of 2 TWELFTH AMENDMENT TO AMENDED AND RESTATED AGREEMENT 2014.05.01 (Operation of the Key West Animal Shelter) 1257 TWELFTH AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) IN WITNESS WHEREOF, the parties have caused these presents to be eXeCUted in the respective names. Attest: KFIVIN MAD0K.1. CLERK BOARD OF COUNTY COMMISSIONERS 01' MONROE COUNTY, FLORIDA By: By: DCPUty Clerk Mayor/Chairman Date: Witness 1A c, e Sit natL�re "I']IE 1�LORIDA KEYS SOCIETY FOR � h" 10� , , f661401 TIC IL PRI-1'VEN'ri0N (.)I,' CRIJEf,'['Y '1'0 P°'r t N nie V Date ANIMALS, I C. Witness Signature By: L"bc) 'D 2`D xcoo Print Name Date Date: Address: 2 (,), W)NAOC,0046WTY ATTORNEY FORM ASSIVANT COUNTY ATtORNEY uATE; .5/61202L— Page 2 of 2 TWEIFTH AMENDMENT TO AMEN01J)AN0 REs'l A FED 11(310-l"MEXI'20 14,0,0 t (Opmuon of the Key West Animal Shelter) 1258 A�coRo® EVIDENCE OF COMMERCIAL PROPERTY INSURANCE DA12/19/202/24 Y) THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW.THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. PRODUCER NAME, I PHONE 305-296-5052 COMPANY NAME AND ADDRESS NAIC NO: 13056 CONTACT PERSON AND ADDRESS A/C Na Ext Southernmost Insurance Agency, Inc RLI INS CO 1010 Kennedy Drive 9025 N LINDBERGH DRIVE Suite 300 PEORIA,IL 61615 Key West, FL 33040 FAX E-MAIL heather@southernmostinsurance.com IF MULTIPLE COMPANIES,COMPLETE SEPARATE FORM FOR EACH AIC No): ADDRESS: CODE: SUB CODE: POLICY TYPE AGENCY FL231215123604223 Commercial Property CUSTOMER ID M NAMED INSURED AND ADDRESS LOAN NUMBER POLICY NUMBER Florida Keys SPCA MPCO101348 5711 College Rd EFFECTIVE DATE EXPIRATION DATE Key West, FL 33040 CONTINUED IL 12/28/2024 12/28/2025 TERMINATED IF CHECKED ADDITIONAL NAMED INSURED(S) THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION(Use REMARKS on page 2,if more space is required) VBUILDING OR VBUSINESS PERSONAL PROPERTY LOCATION/DESCRIPTION 5711 College Rd 1 Key West, FL 33040 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 EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION PERILS INSURED I BASIC I I BROAD SPECIAL COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $7,500,000 BUILDING $1,000,000 CONTENTS DED: 25,000 YES NO NIA ❑ BUSINESS INCOME ❑ RENTAL VALUE If YES,LIMIT: Actual Loss Sustained;#of months: BLANKET COVERAGE If YES,indicate value(s)reported on property identified above:$ TERRORISM COVERAGE Attach Disclosure Notice/DEC IS THERE A TERRORISM-SPECIFIC EXCLUSION? IS DOMESTIC TERRORISM EXCLUDED? LIMITED FUNGUS COVERAGE If YES,LIMIT: DED: FUNGUS EXCLUSION(If"YES",specify organization's form used) REPLACEMENT COST AGREED VALUE COINSURANCE If YES, 90 EQUIPMENT BREAKDOWN(If Applicable) If YES,LIMIT: DED: ORDINANCE OR LAW -Coverage for loss to undamaged portion of bldg If YES,LIMIT: DED: Demolition Costs If YES,LIMIT: DED: Incr.Cost of Construction If YES,LIMIT: DED: EARTH MOVEMENT(If Applicable) If YES,LIMIT: DED: FLOOD(If Applicable) If YES,LIMIT: DED: WIND/HAIL INCL YES [—]NO Subject to Different Provisions: If YES,LIMIT: DED: 5.00 NAMED STORM INCL JI YES ❑NO Subject to Different Provisions: If YES,LIMIT: DED: 100,000 PERMISSION TO WAIVE SUBROGATION IN FAVOR OF MORTGAGE HOLDER PRIOR TO LOSS 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. ADDITIONAL INTEREST LENDER SERVICING AGENT NAME AND ADDRESS MORTGAGEE CONTRACT OF SALE AP.. EBfC T LENDERS LOSS PAYABLE Addt'I Insured ) ""+ NAME AND ADDRESS WA _"K — Monroe County Board of County Commissioners 1100 Simonton St AUTHORIZED REPRESENTATIVE Key West, FL 33040 I"/ Page 1 of 2 ©2003-2014 ACORD CORPORATION. All rights reserved. ACORD 28(2014/01) The ACORD name and logo are registered marks of ACORD 1259 EVIDENCE OF COMMERCIAL PROPERTY INSURANCE REMARKS-Including Special Conditions(Use only if more space is required) ACORD 28(2014/01) Page 2 of 2 1260 DATE(MMIDD1YYYY) AC"R" CERTIFICATE OF LIABILITY INSURANCE 5/7/2025 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: PE Prime Insurance Solutions, Inc. AICONN EXt: (321)259-7920 FAX No): 321 259-7921 3040 N.Wickham RD. E-MAIL Suite 8 -ADDRESS: Melbourne FL,32935 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: FCBI—FUND 15764 INSURED Florida Keys Society for the Prevention INSURER B: of Cruelty to Animals,Inc. INSURER C: 15711 COLLEGE RD KEY WEST, FL 33040 INSURER D: INSURER E: DBA 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 SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD1YYYY MMIDD1YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAM CLAIMS-MADE1:1 OCCUR PREM SESOEa oNcurrDence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ PRO- ❑ LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1BK T Ea accident ANY AUTO ) BODILY INJURY(Per person) $ OWNED SCHEDULED bY�„AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED DAT'F..,,,,,.. ......,._.•..-. -"""` PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLYWANF X Per accident L $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N N/A E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? 10664132-2024 03/29/25 03/29/26 atory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 describe under RIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 (W th a ii is i a i d) �o 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. 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 1261