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2nd Amendment 09/15/2021
; ,co Raa`11 Kevin Madok, CPA. Clerk of the Circuit Court& Comptroller-Monroe County, Florida DATE: September 28, 2021 TO: Kevin G.Wilson, PE Assistant County Administrator ATTN: Suzanne Rubio Executive Administrator Tina LoSacco, Sr. Engineering Wastewater Technician FROM: Pamela G. Hanc• ,►.C. SUBJECT: September 15th BOCC Meeting Attached is an electronic copy of the following item for your handling: C16 2nd Amendment to Contract with Humane Animal Care Coalition, Inc., for CPI-U adjustment of 1.4%, effective October 1, 2021.The CPI-U annual adjustment was approved in the contract dated July 15, 2020.The item is funded through ad-valorem taxes and has been budgeted. 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 PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 SECOND AMENDMENT TO CONTRACT (Operation of the Key Largo Animal Shelter) THIS SECOND AMENDMENT TO CONTRACT is entered into this 15th day of September, 2021, between Monroe County Board of County Commissioners (County) and Humane Animal Care Coalition, inc. (HACC%Contractor), in order to amend the Agreement dated July 15, 2020,and as amended on May"25, 2021 as follows; WHEREAS,the Contract between Contractor and County was entered into on the 15th day of July, 2020 to provide animal control services and:.enforcement of law related to animals WHEREAS, the terms of the Agreement provide that the contract amount may be adjusted each October 1st, automatically, by the percentage change in the Consumer Price-Index.(CPI) for all urban consumers (CPI-U) based on the most recent 12 months available ending in December of each year; and IN CONSIDERATION of the mutual promises contained herein,the parties hereby agree as follows: 1. In accordance with Paragraph V,RENEWAL the.contract amount is hereby adjusted by 1.4%CPI for all urban consumers (CPI-U)for the most recent 12 months ending on December 31,2020.Effective,. October 1,2021, the total Compensation paid to:the Contractor for its services under this agreement shall be S320,550.00 per annum. 2. In all Other respects, the remaining terms Of the Agreement dated July 15,2020,not inconsistent herewith,shall remain if full force and effect. [REMAINDER OF PAGE.INTENTIONALLY LEFT BLANK] Pagel of 2 Second Amendment to Contract (Operation of the Key Largo Animal Shelter) SECOND AMENDMENT TO CONTRACT (Oration of the Key Largo Animal Shelter) /O-- WHEREOF,the parties have caused these presents to be executed in the respective n antes. wir4,4 yc vo 1 if---\•:-.,,e;.Wf.5., i‘.0. ---q t k14A tO / Ategii1c7REv 'MADOK, CLERK BOARD OF COUNTY C it I A kJ SIONERS OF MONRO iikit- ,FL: ABy:(174,1-14/4-4_, • By: 14.4N As Deputy Clerk Mayor/Chairman HUMANE ANIMAL CARE COALITION Attest: , 4 Witness i. ., By: C-0 i'LL„g_e,et,,,,, nifr e__ Title Titlet By: 1,11. n ,.....1±...#4._ Iii. OE COVNT1 ArroRNE:y By: 141 G a _ Ro•.1)AS TO H RNI: -St.,. ..- • ' it --, AssisrAyt COUNTY ATTORNEY 08/21/21 --, .1' -:::,', *--• „:::: 1,7.1(.71 CY, 4-T1 rri ',..-..: -0 ----, :•;,-- co C-7; .,..., „._.. `........ rr 1 '•- CD -n 14 Page 2 of 2 Second Amendment to Contract (Operation of the Key Largo Animal Shelter) CERTIFICATE OF LIABILITY INSURANCE DATE /DD 3/17/202121 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 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 NAME: Linda Godnick Prince Associates Inc. a/CNE. Ext: (516)822-6550 q/c,NO: (516)822-6569 270 Duffy Avenue E-MAIL ADDRESS: Suite D INSURER(S) AFFORDING COVERAGE NAIC# Hicksville NY 11801 INSURERA:Travelers Indemnity Co. Of Conneticut INSURED INSURER B:Travelers C&S of Illinois 19046 Humane Animal Care Coalition, Inc. INSURER C:Hartford Underwriters Ins Co. 30104 283 Saint Thomas Avenue INSURERD: INSURER E: Key Largo FL 33037 INSURER F: COVERAGES CERTIFICATE NUMBER:Monroe County 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 MWDDNYYY MWDDNYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE ❑X OCCUR DAMAGE TO RENTED 100,000 PREMISES Ea occurrence $ 6609146H762 4/1/2021 4/1/2022 MED EXP(Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 X JECT LOC PRODUCTS-COMP/OPAGG $POLICY ❑ PRO 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident B X ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BA8M604171 4/1/2021 4/1/2022 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS Per accident) $ Total Pollution Exclusion $ UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ r $ WORKERS COMPENSATION X I PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 100,000 �I OFFICER/MEMBER EXCLUDED? F N/A C (Mandatory in NH) 12WECGZ9346 4/1/2021 4/1/2022 E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Monroe County BOCC is included Additional Insured as required by a signed written contract or agreement. " T a 9 . 21 . 2021 CERTIFICATE HOLDER CANCELLATION WAW � �l SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Insurance Compliance ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 100085-FX Duluth, GA 30096 AUTHORIZED REPRESENTATIVE Linda Godnick/LINDA dtda htcl' ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) C.10.a MONROR s of E nAAMA 'a CA nul a for. v Ad y a _ x N r 7 _ 5 x LU ftwofwodc C' tper Kags E f v i� ,r AA- ftfidw » walW' .......... ` R N 0. �• • -4 . N LO Ddo 05-Q5-2020 2 ru 0 c� 1 Packet iPg.445 C.10.a Scull-Paunece From: Slavik-Maria Sent: Tuesday, May 5, 2020 3:45 PM v, To: Scull-Paunece Cc: Flatt-Jaclyn;Wilson-Kevin y Subject: FW: Upper Keys Animal Shelter Request for Insurance Waivers, July 1, 2020 Contract. Attachments: waiverUPPERKEYSAN I MALSH ELTER.pdf eecie, Per our conference call of this afternoon, both Sid and I concur that the insurance requirements can be waived as per r. Garretson's email of May 41h. Please see below RiskManagement's comments. I am attaching the approved waiver Thank you, N From:Sid Webber<sid.webber@interisk.net> Sent:Tuesday, May 5, 2020 3:08 PM To:Slavik-Maria <Slavik-Maria@MonroeCounty-FL.Gov> Subject: RE: Upper Keys Animal Shelter Request for Insurance Waivers,July 1, 2020 Contract. CAUTION Maria, N Based on Kevin ilson's opinion that the building is not worth insuring it is believed that all of the required insurances LO the Upper Keys Animal Shelter is requesting to be waived can be waived. Please see my comments(in red font) below regarding each of the coverages. Please do not hesitate to call if you have any questions or concerns. Sid Webber Interisk Corporation (813) 87-1040 0 From:Slavik-Maria [mailto:Slavik-Maria(@MonroeCounty-FL.Gov] Sent:Tuesday, May 5, 20201:56 PM m To:Sid Webber<si � .(IL interisk n t> _ Cc:Scull-Paunece<Scull--Paunece@MonroeCounty-FL.Gov> Subject: FW: Upper Keys Animal Shelter Request for Insurance Waivers,July 1, 2020 Contract. Sid, Please advise on the attached. I believe you gave us your recommendation before but would like to attach your recommendation to the waiver. o Thank you, i Packet;Pg.446 From:Scull-Paunece<Scu 11-Pa un,ece @Mon roeCountv-FL.Gov> Sent:Tuesday, May 5, 2020 1:46 PM To:Slavik-Maria <Slavik-Maria MonroeCounty- Gov> .............. ......00......00000......0000......0 ...................... Subject: FW: Upper Keys Animal Shelter Request for Insurance Waivers,July 1,2020 Contract. E Did we forward the form and Mr. Garrettson's email to Sid? Is it true these have been waived by Risk in the past? If it is still denied then complete the form so we have a formal decision from Risk. Neecie Paunece Scull Assistant County Attorney Monroe County Attorney's Office 1111 12 th Street,Suite 408 Key West, Florida 33040 (305)295-3170 (305)292-3516 (facsimile) From: Marsha <1fg_err P_q_q.Lgom> Sent: Monday, May 4, 2020 11:55 AM E To:Slavik-Maria<SIavik-Maria@Monr-oeCounty-FL. > Cc:Scull-Paunece<S cull-Paunec MonroeCoun &L@--------------!tK-EL..g2Y> Subject: Upper Keys Animal Shelter Request for Insurance Waivers,July 1,2020 Contract. CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or open attachments you were not expecting. cv cv LO Dear Maria Slavik, Risk Management, 0 ca The Upper Keys Animal Shelter has been under contract with Humane Animal Care Coalition, HACC for Over 21 >, .0 continuous years. The attached is the completed form for the request for Waivers.The new contract with Monroe County is to begin July 1, 2020. All previous HACC Contracts have been evaluated by Risk > 2 0. Management as not requiring these five Insurance policies listed below,for the last 21 years. Since all insurance policies are paid with taxpayer's funds,these previous Waivers decisions have resulted in saving large amounts of taxpayer's funds. Request you continue to provide Waivers for these following 5 insurance policies. U) E 1. Animal Control Errors and Omissions Liability Insurance Requirements. The HACC Shelter Staff has never been involved with the eight points outlined by Risk Management under this requirement. This E&O Insurance has always been waived by Risk Management. 0 1 am not sure if there is coverage narned Animal Control Errors and Omissions Liability Insurance, The U required Commercial General Liability should be sufficient. E 2. Employee Dishonesty Insurance. We do not have anything of value to steal, weeks sometimes pass without collecting any money from the public. When we do collect money, it is a very small amount and procedures are in place to prevent theft of these small sums. The yearly premiums cost of this 2 1 Packet Pg.447 C.10.a insurance is more than the yearly cash we collect. This insurance has always been waived by Risk Management for 21 years, and we have never had a loss. Based on the upper Keys Animal helter's comments that they rarely have any significant cash it is believed that this coverage can be waived. y 3. Veterinarian Professional Liability Insurance. We do not hire Veterinarians under this Animal Control y Contract. If a veterinarian service is needed, we take the sick or injured animals to the local Veterinary Hospitals, not the Animal Shelter, for medical care. This insurance for HACC has also always been waived by Risk Management. The fact that anirais in need of veterinarian services are transported to a local veterinarians and that the Upper Keys Animal Shelter does not employ a veterinarian it is believed that this coverage can be waived. � N 4. All Risk Property Insurance which includes Flood and Windstorm. The HACC has no Lease/Rental Agreement for the County Animal Shelter Property. We have no ownership interest, and no legal or financial interest in this Government Property. Also, the Animal Shelter is very old and some would consider it a tear-down property with little or no value worth insuring. This Insurance has also been waived by Risk Management. Based on Kevin ilson's opinion that this structure is not worth insuring it is believed that this coverage can be waived. 5. Insurance for Other Contractors and Subcontractors. We never employ contractors or subcontractors, so there is nothing to insure here. Again, this insurance has also been waived by Risk Management. A standard Commercial General Liability policy includes coverage for contractors and subcontractors if the Insured is deemed to be responsible for the acts of the contractor or subcontractor. It is believed that this requirement is being satisfied by the required Commercial General Liability requirement and it is believed this requirement can be waived. LO Not requiring HACC to hold these 5 insurance policies by Risk Management for the last 21 years has resulted in ca saved the taxpayers over hundreds of thousands of dollars. As we all experience the unknown financial effects of the current Pandemic, saving taxpayer's funds will become even more important. Not having these insurance policies has not exposed the County taxpayers to any economic loss, for over 25 years. The new contract cannot be signed until Risk Management has made a decision on this request. The County plans to get this contract on the BOCC May agenda. Best regards, Tom Thomas Garrettson, President HACC Virus-free. , v t com ----- � 3 Packet iPg.448