Item C01 CI
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
September 20, 2023
Agenda Item Number: C 1
2023-1153
BULK ITEM: Yes DEPARTMENT: Animal Control
TIME APPROXIMATE: STAFF CONTACT: Tina LoSacco
AGENDA ITEM WORDING: Approval of 4th Amendment with Humane Animal Care Coalition,
Inc. (HACC) for CPI-U adjustment of 6.5% effective October 1, 2023. 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.
ITEM BACKGROUND:
On July 15,2020, the BOCC awarded the latest bid and contract to HACC to operate the Key Largo Animal Shelter
and provide animal control services from Mile Marker 70 through Mile Marker 112, including Ocean Reef and
Village of Islamorada. HACC has continued to provide those services since July 15, 2020. The annual CPI-U
adjustment is an automatic annual adjustment, as provided in the July 15, 2020, contract. The Consumer Price
Index for all urban consumers (CPI-U) for the most recent 12 months as of December 31, 2022, is 6.5%. Effective
October 1,2023, the agreement amount will increase from$352,618.500/year to $375,538.70/year.
PREVIOUS RELEVANT BOCC ACTION:
On September 21, 2022, the BOCC approved Amendment 3 adjusting the contract amount by 6.5%
CPI-U.
On September 15, 2021, the BOCC approved Amendment 2 adjusting the contract amount by 1.4%
CPI-U.
On May 25, 2021, the BOCC approved Amendment 1 clarifying the payment method. The language
referring to a"monthly amount"was removed from the contract.
On July 15, 2020, the BOCC awarded the bid and contract to HACC to operate the Key Largo Animal Shelter and
provide animal control services from Mile Marker 70 through Mile Marker 112, including Ocean Reef and Village
of Islamorada.
CONTRACT/AGREEMENT CHANGES:
21
N/A
STAFF RECOMMENDATION: Approve
DOCUMENTATION:
2023—Amend-4—HACC—CP1_DAFT.pdf
FINANCIAL IMPACT:
Total dollar value of the contract is $375,538.70. The term begins Oct. 1, therefore$ $375,538.70.will be the cost
for the current FY. This amount is budgeted and the source of funding is ad valorem revenue.
22
FOURTH AMENDMENT TO CONTRACT
(Operation of the Key Largo Animal Shelter)
THIS FOURTH AMENDMENT TO CONTRACT is entered into this 20th day of September,
2023, 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 151h 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
I", 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 6.5% CPI for
all urban consumers (CPI-U) for the most recent 12 months ending on December 31, 2022. Effective,
October 1, 2023, the total compensation paid to the Contractor for its services under this agreement shall
be $375,538.70 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]
Page 1 of 2
Fourth Amendment to Contract
(Operation of the Key Largo Animal Shelter)
23
'`
FOURTH AMENDMENT TO CONTRACT
(Operation of the Key Largo Animal Shelter)
IN WITNESS WHEREOF,the parties have caused these presents to be executed in the respective names.
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t. ' '' . _.ADOK, CLERK BOARD OF C . TY COMMISSIONERS
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w OFMONKItio'AUNTY, F, IRIP.,
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As Deputy C erk M, or/ .1.irnman
HUMANE ANIMAL CARE COALITION
Attest:A4v4, 67Ac-, /,--s----- By: i
Witness
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By: , ,
Witness
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Approved as to form and lezal sutliciencv
Monroe County Attorneys Office
Christina Corr. Assistant County Acton-icy
Date: 6/6/23
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Fourth Amendment to Contract
(Operation of the Key Largo Animal Shelter)
0 DATE
CERTIFICATE OF LIABILITY Il��llS F�L,i�►tV+�E 02
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, THIIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT(BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR.PRODUCER,AND TIME 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 endoirsemient(s).
PRODUCER CONTACT NAME: LindaGodttiick
Prince Associates Inc. PHONE (516)II22-655II AWc Na:IL
P 4I�.a-6sar
270 Duffy Avenue ADDRESS
Suite TI INSURERS ATFOROrN'G COI ER AGE NAIL 9
Hicksville NY 115111 INSURER A;Charter Oaks Fire Insurance Co 2,5615
INSURED INSURERS Travelers Casaaal.t Tt^ss....Co of Ameri.c.a 1,9046
Humane Animal Care Coalition, Inc. INSURER C:Hart,ford Uncierwr:iters Ins Co. 30104
283 Saint Thomas Avenue INSURER D
INSURER E:
Key Largo FL 33037 INSURERS
COVERAGES CERTIFICATE NUMBER;Monroe County REVISION NUMBER:
THIS IS TO CER'T'IFY"I"HAT']"HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TIME INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT„TERM OR CCNDITION OF ANY CONTRACT OIL OTHER OOCLIMENT WIITII RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AF'FORDE'D,BY THE POLICIES DESCRIBE 01 HEREIN is SUBjECT'l'O ALL THE TERMS,
EXGL.W,ONS AND C4UNDITNONS 07 SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,.
INSR aL S PDI..ICY Err POLICY EIGP .._.LIMITS
I.T R' TYPE OF'INSURANCE &WL POLICY NUMBER MMdDD8Y1YYY MMlDD(YYYY'
X COMMERCIAL GENERAL,LIABILITY EACH0CC1.IRREN4.F „T 1,QD4},dGS
T,DD,C7fHO..
CLA7Ih'@Ei-lI�1l4C1E � l'TC'4"L1R fnlYLpuIP 5hka Lzq rye i iwrrw#rrrv= � %T..�..�,...�...
560:91460762 4/1/2Ca23 4/1/2024 rAFn F"XP(Arry 0,,e FaerSreeu) t 5"000
PERSONAL X ADV INJURY t 1.r 000,000
GEN'L AGGREGATE LWIT,APPLOES PER. APPROVED BY RISK MANAGEMENT GENERAL AGGREGATE 2,000,1'00
PRO. ... ,a� P'ROQ'��UMT"G-CaTMI�F4:IFA�C�a4T T'
POLICY E],EGT 0 LOC BY_ �OOx .. .... . , � 2,000,000
OTHER:. DATE
AUTOMOBILE LIABILITY... EIABINE.D INC�L LIMIT i 1,000,000
WAIVER N/A YES Ea aacidcrwl'
9t_ ANY Gt°U'0 — BODILY IWURY Per peer�Opa) >T'
Al.LOWNED SCHEDULED BARM604171 4/1/2C2.3 4/1/2024 ROD11Y INJUPI ,Perene';tlalrntu '4
ALTOS ALTOS NON-OWNEDPRoPERT`Y'r.1AMAGE I
y HIRED AUTOS X' A Per arriderwl 0
isl I P nJXlw.hvo Exr.ILkrin t
DM BRELib_A P-.JAB (aca�t.;k1R EACH[:)C;CI_1RRENIw,E. $
EX CIE'SS LIAB ri-AIMS-MADE', AGGPEG M E. T
'....CEO RETENTION S
WORKERS COMPENSATION ", lERIi
AND EMPLOYERS"LIA619-ITY ST A..TU.ITS EId
YIN
ANY PPC)PRIETC)P'IPArtTMERfEXF4,11ITP�VE. � NIA
EL EACH ACT.IDENP ,I�. 100,000
frF FIGERWIEMBER EXCLUDED?C IMaIIdalcrykiNH) 12WECGZ9345 4/1/2023 4/1/2021 E.I.A.')I FASE-EAEOP'LOYEE t 100,000
IP yvG,c3e:wedbe.undLr
DE5GRfPTICN OF GIEwc.N dpIanv E'..F.DISEASE-PULIG"'w'LIP'a $ 5001,000,
DESCRIPTION OF OPERATIONS 8 LOCATIONS f VEHICLES IACORD 101,Addifia Tel Remarlc[r Schedule,rusyy Ut aantachad It uuar'e seance ds re,qulredl
cnnrcFe County BOCC is included, Additional insured as required by signed, written contract or agreement.
I
CERTIFICATE(MOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Monroe County BOCC THE(EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS,
e:y West, Flr 33040
AUTHORIZED REPRESENTATIVE
. 1 Lr ry..a t' ,ri__;ci i 1t1E1T .�%t/Fe'al Ln�r�YreW�YI"
Q 1988-2014 ACORD CORPORATION. All rights reserved.
ACORN 25(2014/01) The ACORO name and logo are registered marks of'ACORD
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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
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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.4427
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
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Dear Maria Slavik, Risk Management,
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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
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1 Packet Pg.44'281
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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
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