Loading...
5th Amendment 10/16/2024 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: November 5, 2024 TO: Kevin Wilson Acting County Administrator Tina Losacco Senior Engineering Technician ATTN: Suzanne Rubio Project Manager, Administration FROM: Liz Yongue, Deputy Clerk SUBJECT: October 16, 2024 BOCC Meeting The following item has been executed and added to the record: C33 5th Amendment with Humane Animal Care Coalition, Inc. (HACC) for CPI-U adjustment of 3.4%retroactive to October 1, 2024. 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 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 FIFTH AMENDMENT TO AGREEMENT (Operation of the Key Largo Animal Shelter) 16th THIS FIFTH AMENDMENT TO AGREEMENT is entered into this 1- -T day of October, 2024, between Monroe County Board of County Commissioners (County) and Humane Animal Care Coalition, Inc. (11ACC/Contractor), in order to amend the agreement entered into on July 15, 2020 as amended on May 25, 2021, September 15, 2021, September 21, 2022 and September 20, 2023; WHEREAS the Contract between the Contractor and County was entered into on the 15th day of July, 2020 to provide animal control service from Mile Marker 70 -Mile Marker 112, including Ocean Reef and Village of Islamorada. WHEREAS, the terms of the Agreement provide that the contract amount may be adjusted each October l', automatically, by the percentage change in the Consumer Price Index (CPI) for all urban consumers (CPT-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 Section V. RENEWAL of the Agreement, the annual contract amount is adjusted by 3.4% CPI-U for the most recent 12 months available ending December 2023 retroactive to October 1, 2024 the total compensation paid to the Contractor for its services under this agreement shall he S388,307.02 per annum. } 2. In all other respects, the remaining terms of the Agreement entered into on July 15, 2020, as amended, and not inconsistent herewith, shall remain if full force and effect. IN WITNESS WI IEREOF, the parties have caused these presents to he executed in the - respective names. ,c,-- ' :v, v ,,,,.-'-:.'','!'!--'-'-'- ,•-•-(,:q'.g Ailb,,N, BOARD OF COUNTY COMMISSIONERS .,_,,___ 3 ,-:,,s,,,, --2.-Ktt:e,,,C9OVFN MADOK, CLERK OF MONROE COUNTY, FLORIDA ifs•-•-,'(;,''-' ,-,",.4:,,--",' -''''' -', \-.c:'.-:,,\ Ry "J. # ft j : Deputy e ric Mayor/Chairman ,,;•.=::-_._---,---:.,-,. ,,,:,-.,..„,,,,,,,. .--.,) ,4, i Date: 1 6 11_1A 107-(1 HUMANE ANIMAL CARE COALITION, Approved as to form and content: INC. Monroe County Attorney's Office 10-2-2024 By: 4 v•-eALia- 42 7Va/2„,, 40,1---4tAa,frt.04,1Ai: President Date: Orj, :1,..R 2e 2 ---- ,, -- ,1:-, 1 71 .,, 1......) Page l of I .._ :-- -,4:---; -0 -.---:-.) ---- ,1 CM C:) ,_... .. --.) A�D 4/5/2024 Y) ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/ 024 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 Risk Strategies Company a/CNN. Ext: (516)822-6550 _FAX NO: (516)822-6564 270 Duffy Avenue E-MAIL ADDRESS: Suite D INSURER(S) AFFORDING COVERAGE NAIC# Hicksville NY 11801 INSURERA:Charter Oaks Fire Insurance Co 25615 INSURED INSURER B:Travelers Casualty Ins. Co of America 19046 Humane Animal Care Coalition, Inc. INSURER C:Hartford Underwriters Ins Co. 30104 283 Saint Thomas Avenue INSURER D: 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 MM/DDNYYY MM/DDNYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE ❑OCCUR DAMAGE TO RENTED 100,000 PREMISES Ea occurrence $ 6609146H762 4/1/2024 4/1/2025 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 4/1/2024 4/1/2025 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 4/1/2024 4/1/2025 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 signed written contract or agreement APP7, ISM T ) Y,. � � .1029 24 _ CERTIFICATE HOLDER CANCELLATION WAMP N 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. Key West, FL 33040 AUTHORIZED REPRESENTATIVE Linda Godnick/LINDA Jiii"da- ©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