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Item C35M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting May 17, 2017 Agenda Item Number: C.35 Agenda Item Summary #2955 BULK ITEM: Yes DEPARTMENT: Project Management/ Facilities TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292 -4441 None AGENDA ITEM WORDING: Approval of Second Amendment to the Amended and Restated Agreement with The Florida Keys Society for Prevention of Cruelty to Animals, Inc. (FKSPCA) for operation of the Key West Animal Shelter reflecting a CPI -U increase of 2.1% effective May 1, 2017. The agreement amount will increase to $529,495.80/yr or $44,124.65/mo. ITEM BACKGROUND: On January 27, 2017, the Contractor requested an annual CPI -U adjustment. The percentage change in the Consumer Price Index (CPI) for all urban consumers (CPI -U) for the most recent 12 months as of December 31, 2016, is 2.1 %. Effective May 1, 2017, the agreement amount will increase from $518,605.08/yr or $43,217.09/mo to $529,495.80/yr or $44,124.65/mo. PREVIOUS RELEVANT BOCC ACTION: On May 18, 2005, the BOCC approved the original contract; on April 21, 2010, the BOCC approved the Renewal Agreement (from June 1, 2010 to June 30, 2015); on August 17, 2011, the BOCC approved the Fifth Amendment to include pre -audit of contractor expenditures on a reimbursement basis; on August 15, 2012, the BOCC approved the Sixth Amendment for CPI adjustment; on October 17, 2012, the BOCC approved a corrected Sixth Amendment to provide an effective date of July 1, 2012, for the subject CPI adjustment; on March 19, 2014, the BOCC approved the Seventh Amendment for a CPI adjustment of 1.6% retroactive to July 1, 2013; and on May 1, 2014, the BOCC approved to enter into a comprehensive agreement and amend and restate a long -term agreement to provide animal control and enforcement services in Key West and the Lower Keys in exchange for contractor building a new animal shelter on College Road, Stock Island, to be used exclusively for animal care and control services. On April 20, 2016, the BOCC approved a CPI -U adjustment of .7 %. CONTRACT /AGREEMENT CHANGES: 2nd Amendment CPI adjustment of 2.1 %. The agreement CPI -U increase of 2.1% is effective May 1, 2017. The agreement amount will increase from $518,605.08/yr or $43,217.09/mo to $529,495.80/yr or $44,124.65/mo. STAFF RECOMMENDATION: Approval DOCUMENTATION: 051717 FKSPCA Key West partial executed CPI New 20 yr contract 04 16 2014 042016 1st Amendment SPCA C -23 FINANCIAL IMPACT: Effective Date: 05/01/2017 Expiration Date: 04/30/2034 Total Dollar Value of Contract: $529,495.80 Total Cost to County: $529,495.80 Current Year Portion: $220,623.25 Budgeted: Yes Source of Funds: Ad Valorem — 001 - 21000 - 530340 CPI: Yes Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: No County Match: No Insurance Required: Yes Additional Details: Effective May 1, 2017, the agreement amount will increase from $518,605.08/yr or $43,217.09/mo to $529,495.80/yr or $44,124.65/mo. 05/01/17 001 -21000 - ANIMAL SHELTERS $529,495.80 REVIEWED BY: Doug Sposito Completed 05/02/2017 12:33 PM Kevin Wilson Completed 05/02/2017 12:53 PM Patricia Eables Completed 05/02/2017 2:46 PM Budget and Finance Completed 05/02/2017 3:36 PM Maria Slavik Completed 05/02/2017 3:58 PM Kathy Peters Completed 05/02/2017 7:43 PM Board of County Commissioners Pending 05/17/2017 9:00 AM 4 - T TO AIN-ETNDE.3 - �,ND PLES EN - 0 E D H S ,H F Al� A RESTATE�r -, ;v i to 'd 1 7 -FOC Thc v !- - Animals. ! he Ag mto 2" 4 t i j a'-d' RCS[,J A 3 fo EKSP-C-A O-FF.S. Scc. V'r"A—FIR El A& "n "In -C IC ?rban O�o U'v Dcccnr�bu-f 0, h <=S 21 k)'W' dh,�' I I-CO N-9 P-DIE, �j SCS crl.7 6. OF [v . T' 6 3 UCC en L F ��i fP .en E • ~ ' : Lie C—k— BCDARD(G "0 1 3y iDai I of 2 A7PROVED AS RAT 0 IIA. EA R LE 8 A -SIMAbrT $O Njumie.�. n . iuivc Win AMC 5 // . Dalc Age 2 of 2 TI-IE _TD - O l — T ANNALIANC By: bu AMENDED AND RESTATED CONTRACT BETWEEN FLORIDA KEYS SOCIETY OF PREVENTION OF CRUELTY TO ANIMALS, INC. AND MONROE COUNTY This Amended and Restated Contract is entered into this 1st day of May, 2014, between Florida Keys Society of Prevention of Cruelty to Animals, Inc., a Florida (501)(c)(3) non - profit corporation, ( "CONTRACTOR" or "FKSPCA ") and Monroe County ( "COUNTY "). WHEREAS, the parties entered into an agreement on May, 18, 2005, as amended April 19, 2006, September 20, 2006, May 17, 2007 and February 16, 2011, May 18, 2011, August 17, 2011 and as renewed on April 21, 2010; and WHEREAS, the FKSPCA has provided animal control enforcement and services in Key West and the Lower Keys since 1999; and WHEREAS, the animal control facility on Stock Island has been in poor condition and in order to build a new and improved animal shelter, the FKSPCA as a 501(c)(3) non - profit corporation has raised funds for this purpose and has submitted an unsolicited proposal to the County pursuant to F.S. 287.05712; and WHEREAS, the City of Key West has amended its 99 -year Lease Agreement with the County to provide a new location for an animal control facility to be built; and WHEREAS, the County and FKSPCA further intend to enter into this comprehensive agreement pursuant to F.S. 287.05712 for long -term animal control services and enforcement in exchange for an animal control shelter to be built by the FKSPCA; and WHEREAS, the BOCC finds that the development of a new animal control shelter serves a paramount public purpose and would otherwise be a permissible use of County funds; and WHEREAS, pursuant to F.S. 287.05712, the County has further determined that the proposed project and partnership is in the public's best interest and provides an overall public benefit and that the financial plan submitted by FKSPCA is reasonable and consistent with F.S. 287.05712(11); and WHEREAS, in consideration of the savings to the County taxpayers in that FKSPCA will be building a new animal control facility to serve the public, the BOCC finds that it is appropriate to enter into this agreement in consideration of that promise; NOW THEREFORE, in consideration of the mutual promises and considerations, the parties agree to enter into a comprehensive agreement and amend and restate the contract as follows: 1. TERM OF AGREEMENT This agreement shall be for a period of 20 years beginning May 1, 2014 and ending at 12:00 midnight on April 30, 2034. The term of this agreement shall be renewable in accordance with Section IV. 2. AMOUNT OF AGREEMENT /AVAILABILITY OF FUNDS The County, in consideration of the Contractor substantially and satisfactorily performing and carrying out the duties of the County as to providing animal control services and enforcement of laws related to animals in Monroe County, Florida, shall pay to the Contractor a not to exceed amount of Five Hundred and Fifteen thousand DOLLARS and zero CENTS ($515,000) per year on a reimbursement basis equal to 1/12 of this amount or $42,916.67. If a reimbursement request is less than the per month reimbursement amount of $42,916.67, the unused balance will be rolled over and available for future reimbursement request. The contract amount, upon mutual agreement by the parties, can be adjusted based upon an analysis of increased shelter operations, increased operational cost or other justified reasons relating to animal control services and enforcement as set forth in this agreement. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the Contractor. The Board shall not be obligated to pay for any services or goods provided by the Contractor after the Contractor has received written notice of termination, unless otherwise required by law. A. PAYMENT Payment will be made periodically, on a reimbursement basis, as hereinafter set forth. Reimbursement requests will be submitted to the Public Works Department. The County shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with this Agreement, Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the Contractor shall be in the form of a letter, summarizing the expenses, with supporting documentation (e.g. copies of invoices) attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The Contractor's final invoice must be received within sixty (60) days after the termination date of this contract as shown in Article I above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the Contractor. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the annual total amount shown in Article II of this agreement. The Contractor, as a 501(c)(3) non - profit corporation, agrees to provide the documentation listed in (a)- (f) on an annual basis and upon request by the County. Payments are subject to this information being provided on an annual basis or upon request by the County. (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) IRS Form 990 from most recent fiscal year for all organizations; (e) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; and 2 (f) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions. The Contractor shall cooperate with County monitoring visits that the County may request during the contract year, and shall provide such other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. 3. SCOPE OF SERVICES: A. The Contractor shall provide all staffing, equipment, and supplies necessary to operate the Key West Animal Shelter located at 5230 College Road, Key West, Florida 33040 and upon completion at the new "Facility" and provide complete animal control enforcement services from Mile Marker 0 to 16.7 (the Harris Channel Bridge), including the City of Key West. i. STAFF The Contractor will fully staff, operate and perform all current functions of the Shelter, as further identified in the training manual to be prepared by Contractor; said training manual will be reviewed and approved by the Director of Public Works or designee prior to implementation. The contractor shall provide a list of employees by name and title, including but not limited to, shelter manger(s) and animal control officer(s). Since this contract is a service agreement, staffing is of paramount importance. Contractor shall provide services using the following standards, as a minimum requirement: 1. The Contractor shall provide all necessary personnel to provide the services under this contract. The personnel shall not be employees of or have any contractual relationship with the County. 2. All personnel engaged in performing services under this contract shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. ii. COMPLIANCE WITH LAW The Contractor shall cooperate with the Monroe County Health Department and follow all local and state laws, regulations and procedures, including but not limited to F.A.C. 1OD- 3.091, Procedures for Control of Specific Communicable Diseases and Chapter 64B16 -29, Animal Control Shelter Permits. iii. CARE OF ANIMALS The Contractor will receive and properly confine all animals that are brought to the Shelters or which become the responsibility of the Shelters. All animals in the custody of the Contractor shall have a constant supply of fresh water and be fed a diet appropriate for their species, breed, age and physical condition. Each shelter facility has a perimeter fence to confine all animals to the facility grounds and to restrict wildlife from accessing the property; in this regard, Contractor is not to place food or water outside of the Shelter's fenced area(s) unless it is in an appropriate cat or raccoon trap. 3 1. The Contractor shall provide appropriate care for sick and injured animals in its custody and shall obtain the services of a veterinarian who is licensed by and in good standing with the Board of Veterinary Medical Examiners for the State of Florida for consultations and /or professional services. 2. The Contractor shall provide the personnel and materials necessary to humanely euthanize all animals designated for euthanasia by the supervisors or designees of the Shelters. The primary drug to be utilized for euthanasia shall be sodium pentobarbital, and the Contractor shall administer euthanasia to those animals designated for destruction in a humane manner and consistent with state and county laws and regulations. The Contractor's personnel who perform euthanasia will have appropriate certificates attesting to the employee's authority to perform euthanasia, and copies of the certificates will be forwarded to the Director of Public Works or designee. 3. The Contractor shall provide heartworm testing to all adoptable dogs, provide deworming to all adoptable animals, and shall have a program in place for flea and tick control. The Contractor shall provide FIV and Feline leukemia testing for all cats retained in the facility for adoption. iv. ADOPTIONS 1. The Contractor shall ensure that rabies inoculations will be given to all adopted and redeemed animals as required by law. 2. The Contractor will provide an adoption service through the Shelters for the purpose of securing suitable homes for adoptable animals. The Contractor shall follow appropriate criteria to insure that each companion animal is given a suitable home through basic screening procedures that evaluate both the animal to be released and the potential adopter in an effort to assure that the animals adopted are being placed in long -term homes. The screening procedures shall be reviewed periodically by the Director of Public Works or designee as to form and practicality. All adoptable animals will be available for inspection by the public during normal working hours. The Contractor shall utilize the Adoption Agreement attached hereto as Exhibit "Gl" unless modified by written and signed directive from the Director of Public Works or designee. 3. The Contractor shall enforce the provisions of the contract, including, but not limited to, taking any action necessary to ensure that an adopted animal is spayed or neutered and licensed prior to releasing the animal or transferring ownership to its adopter. v. ISSUANCE OF COUNTY LICENSES The Contractor will issue license certificates and corresponding tags for dogs, cats and ferrets as required by the Monroe County Code and collect and remit to the County the fees established by the County Resolutions attached hereto as Exhibit "B." The Contractor will be responsible for determining that all requirements have been satisfied by an applicant prior to issuing a license certificate and shall remit all fees to the County. The license certificates and corresponding tags are numbered and 4 tracked, and Contractor is responsible for returning copies of each numbered certificate that is either issued or voided (including tag for all voids) to the Director of Public Works or designee on a bi- weekly basis. vi. POLICIES AND PROCEDURES MANUAL The Contractor shall maintain a Policies and Procedures Manual for guidance of all staff. At a minimum, it shall set forth the following: 1. Goals and Objectives of the Organization. 2. Protocols for intake, care, adoption, return to owners, and other disposal of animals. 3. Protocols for responding to calls for animal control services, whether in the nature of law enforcement, pick -up of dead animals, or other. 4. Protocols for daily maintenance of premises and equipment, including vehicles. 5. Training Staff a) prerequisites for certain positions b) keeping staff current 6. Training provided* shall include: a) Shelter Policies & Procedures (required of all staff, including volunteers) b) Basic Pet Care c) Veterinary Health Care d) Animal Behavior e) Animal Handling f) Breed Identification & characteristics g) Obedience Training h) Behavior Problem Solving i) Counseling Methods j) Conflict Management (required of all law enforcement personnel) k) Grief Counseling 1) Telephone Manners and Customer Service Skills *Items a & j must be at least in part provided in a classroom or seminar type setting, with live or video teaching. All other training may be self - study, although some in- person or video training is highly recommended. Training shall be provided appropriate to the position filled by the worker, whether that worker is an employee or a volunteer. Adoption Guidelines, which shall absolutely require sterilization of all animals prior to release to adopter Other guidelines shall address, at a minimum: a. Consultation with the prospective adopter. b. Prospective adopter's commitment to be responsible for providing care, safe environment, veterinary bills for life of the animal. c. Animal's disposition and that of members (human and animal) of the household to enhance as well as possible the probability of successful placement. vii. HOURS OF OPERATIONS At a minimum: the Shelter shall be open to the public at least 6 days a week and for a minimum of 42 hours each week with an exception for Holidays. The Contractor shall provide the shelter schedule to the Public Works Department. 5 Hours of operation as set forth above 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. B. SHELTER FACILITY/ PREMISES Due to the poor condition of the current animal control facility, The Contractor shall construct a new animal shelter ( "the Facility" or "Project ") on the "Relocated Premises ", which is more particularly described on Schedule B of the Amended and Restated Lease Agreement, which is attached hereto an incorporated by reference. The Contractor's unsolicited proposal is attached hereto as "Unsolicited Proposal for a New Animal Shelter" and incorporated by reference. The County understands that the Contractor is building the new Facility with tax - deductible donations to the Contractor, which is a 501(c)(3) non - profit organization. To maintain the tax - deductible status of donations, the Facility is required to be an asset of the Contractor with the understanding that the Facility and any improvements thereto will become the property of Monroe County upon expiration or termination of this Agreement, subject to the amortization as set forth below. The Contractor shall execute any and all documents required to convey clear title of the Facility to the County upon expiration or termination of this Agreement, subject to the amortization as set forth below. The Contractor will use the Facility to provide the services as outlined above. The County must review and consent to the design, development and construction of the Facility before the Contractor proceeds with work. The Contractor must comply with the County's competitive bidding procedures as set forth in Section 2 -347, Monroe County Code and the Monroe County Purchasing Policy and Procedures. Also pursuant to F.S. 287.05712(9), the Contractor shall provide delivery of performance and payment bonds, letters of credit, or other security acceptable to the County in connection with the development or operation of the Facility in the form and amount satisfactory to the County. For components of the Facility which involve construction, the form and amount of the bonds must comply with s. 255.05, Florida Statutes. Unless the County finds that the security provided is insufficient, the County will accept security in the form of bank statements; signed letter from the bank stating that funds are in the bank for the specified project; and /or documentation provided by a financial institution of a line of credit assigned to the construction of the Facility. The Contractor shall file on a quarterly basis, the appropriate financial statements that pertain to the Facility and other security as set forth above or that may be required by the County. If this agreement is terminated by the County, the Contractor shall be entitled to reimbursement only for the actual cost of work completed in construction of the Facility, including architecture fees and permits fees. The total reimbursement will not exceed the total cost of the construction minus depreciation, using a straight -line method of depreciation and will be amortized over a period of 30 years. After 30 years, the Contractor will not be entitled to any reimbursement for construction and the Facility and any improvements to the Relocated Premises becomes the property of Monroe County. The County grants and authorizes the Contractor to use and develop the Relocated Premises described as Schedule B in the Amended and Restated 99 -year Lease Agreement with the City of Key West as attached hereto and incorporated by reference. The Contractor agrees to be bound by all of the terms and conditions as set forth in the Amended and Restated Lease Agreement and Joint Participation Agreement (JPA) attached hereto and incorporated by reference. The Relocated Premises is to be used exclusively for animal control services, an animal shelter and its related and associated uses. The Contractor shall develop and use the Relocated Premises as an animal control facility for animal control enforcement and services in Key West and the Lower Keys. The development and construction of the Facility shall comply with the provisions in the Amended and Restated Lease Agreement. Upon completion of the Facility and issuance of a Certificate of Occupancy (CO), the County in consideration of additional cost directly related to operation of the new Facility, i.e. increased staffing, utilities, insurance, repairs and maintenance, will increase compensation, in an amount to be determined, on a reimbursement basis in compliance with the provision for payment as set forth in paragraph 2 above. Additionally, repairs that are estimated to cost over $1,000.00 and are approved by the Director of Public Works, or designee may be paid directly by the County, and shall be in addition to the total compensation amount set forth in paragraph 2. The County grants and authorizes Contractor to use City property as set forth in the Revocable and License Agreement for Use of City Property, as attached hereto and incorporated by reference. The Contractor agrees to all of the terms and conditions as set forth in the License Agreement. As per the License Agreement the Licensor /City of Key West and the County do not assume any liability whatsoever for any damage which may occur on the Licensed parcel. C. ENFORCEMENT SERVICES The Contractor will provide complete animal control and enforcement services within the Service Area described above, including, but not limited to: 1. Training of Animal Control Officers: The Contractor shall provide that all animal control officers complete the mandatory certification program outlined by F.S. 828.27 (40 hours of training curriculum approved by the Florida Animal Control Association); said training shall be completed on a timely basis after a 90 -day probationary period. The Contractor is to provide the Director of Public Works, or designee, with copies of the Animal Control Officer Training Program Certificates. 2. Emergency services (24 -hours per day /7 -days a week) for Priority One calls which are: a. Injured animal; b. Bite cases; person bit by any warm - blooded creature; C. Animal bites to other animals; d. Wild animal in home; e. Dangerous dog investigations; f. Animal cruelty investigations; g. Law enforcement requests. 3. Patrolling service area on a regular and consistent basis; iFA 4. Picking up dogs that are running at- large; 5. Picking up cats or raccoons captured in cat or raccoon traps; contractor shall notify the public of the availability of cat and raccoon traps. 6. Non - emergency animal pick up from residential homes during normal operating hours; 7. Picking up dead animals along County or City rights -of -way and arrange for proper disposal in accordance with all applicable laws, regulations and ordinances; 8. Disposing of any animals that are euthanized or that expire while in the care, custody, or control of the Contractor, in accordance with all applicable laws, regulations and ordinances. 9. Investigating all reports of violation of local and state ordinances and regulations relating to animal control and, when warranted by the facts, issue citations (Resolution No. 290 -2010 and animal control citation form attached hereto in Exhibit "G3 "), and /or prosecute all persons charged with violation of said ordinances and regulations, which includes representing Monroe County in court proceedings when required. Further, upon termination of this agreement, the Contractor shall complete all cases originated by Contractor including representing the County in court if necessary. 10. Complying with all applicable County ordinances and regulations as well as the laws of the State of Florida. D. FEES. The Contractor shall collect and remit to the County all funds that are collected for fees, such as license certificates, citations, penalties, adoptions etc., required to be collected pursuant to Monroe County Code Sections 4 -39, 4 -45, 4 -46 and 4 -66, and Monroe County Resolution No. 240 -2006, as amended by Resolution Nos. 386 -2006 and 599 -2006, as same may be amended from time to time; said Resolutions are attached hereto and marked Exhibit "B." Checks received for these fees shall be made payable to Monroe County and remitted directly to the County. In this regard, the Contractor shall issue numbered receipts and keep appropriate records of all funds received and shall provide to the Director of Public Works or designee on a bi- weekly basis copies of daily cash reconciliation forms, daily bank deposit information and original license certificates that are issued or voided. All funds must be deposited into specific Monroe County bank accounts, and all requests for waiver of any fines or fees owed to the County must be submitted in writing on the County- approved affidavit form to the Director of Public Works or designee, said affidavit form is attached hereto and marked Exhibit "G2." The Contractor shall only charge fees as outlined in Monroe County Resolution No. 240- 2006, as amended by Resolution Nos. 386 -2006 and 599 -2006, as same may be amended from time to time; said Resolutions are attached hereto and marked Exhibit "B." The Contractor shall not charge any fees for services at the Shelters unless approved in writing by the Contractor and the Board of County Commissioners in the form of a contract amendment. 8 In addition to the transactional fees as set forth in the resolutions and as required to be remitted to the county pursuant to Sec. 4 -39, Monroe County Code, the animal control contractors may charge animal owner(s) or potential adopter(s) for services, including sterilization pursuant to Sec. 823.15, Florida Statutes, vaccinations not covered by the County, and any other services provided to the public which are not required by the County contract. The Contractor shall charge no more to the public than the average cost of any of the services provided which are not required under this contract. E. REPORTS On a bi- weekly basis, Contractor shall provide the Director of Public Works or designee with copies of all bite reports and citations that are issued. On a monthly basis, Contractor shall submit a statistical report utilizing the form marked as Exhibit "G4" as same may be amended from time to time. F. HURRICANE OR OTHER NATURAL DISASTER In the event of a hurricane or other natural disaster, the Contractor shall make its best efforts to properly house and care for all animals. In this regard, the Contractor shall designate sufficient staff who will be able to remain in the County hurricane or similar natural disaster to care during the disaster for the animals which have not been evacuated and after the disaster for animals not evacuated and any animals which are at large. The Contractor will supply those employees' names, addresses and telephone numbers to the County Administrator who may, at his discretion, require the Contractor to have the listed employees remain in the County during and after a Category 1, 2 or 3 Hurricane or similar natural disaster. G. PETS IN SHELTERS Contractor shall provide the services designated for the Animal Control /Shelter Contractor in the Pet Friendly Special Needs Clients Sheltering Plan to provide evacuation of pets of Special Needs Clients and assistance with care of said pets. 4. RENEWAL: The County shall have the option to renew this agreement for an additional ten (10) year period after the initial 20 year period. The contract amount agreed to herein may be adjusted annually in accordance with the percentage change in the consumer Price Index (CPI) for all urban consumers (CPI -U) for the most recent 12 months. S. CONTRACTOR'S LICENSE: The Contractor shall secure, maintain and pay all applicable fees for any permits and licenses necessary to operate the Shelters. By signature hereon, the Contractor warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these contract documents. Proof of such licenses and approvals shall be submitted to the County upon request. The Contractor has, and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. 6. INDEPENDENT CONTRACTOR: At all times and for all purposes, the Contractor, its agents and employees are strictly considered to be independent contractors in their performance of the work contemplated hereunder. As such, 0 the Contractor, its agents and employees shall not be entitled to any of the benefits, rights or privileges of County employees. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. 7. UTILITIES: The Contractor shall be responsible for payment of all utility charges for the Shelters. All utility accounts will be held in the Contractor's name. 8. VEHICLES Contractor shall provide a list of all vehicle(s) currently used and any vehicle(s) that the Contractor acquires or uses in performing /providing services under this agreement, the Contractor shall include and list those vehicle(s) under this agreement with the VIN (vehicle identification number) and the Contractor must adhere to all insurance coverage requirements under this contract. If County funds are used to acquire any capital assets, then upon termination or expiration of the contract those assets will become the property of Monroe County, unless otherwise agreed to by the County. 9. HOLD HARMLESS /INSURANCE REQUIREMENTS: The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners and the County Court of Monroe County from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained within this agreement. General Insurance Requirements As a pre- requisite of the activities governed by this contract (including the pre- staging of personnel and material), the FKSPCA shall obtain, at their own expense, the types and amounts of insurance specified below, which are made part of this contract. The FKSPCA will not be permitted to commence any activities governed by this contract (including pre - staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. The FKSPCA shall maintain the required insurance throughout the entire term of this contract. Failure to comply with this provision may result in the immediate suspension of all activities until the required insurance has been reinstated or replaced. The FKSPCA will be held responsible for all deductibles and self insured retentions that may be contained in the FKSPCA's Insurance policies. 10 The FKSPCA shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non - renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and /or approval of the FKSPCA's insurance shall not be construed as relieving the FKSPCA from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation and Professional Liability coverages. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Specific Insurance Requirements Employee Dishonesty Insurance The FKSPCA shall purchase and maintain, throughout the term of the contract, Employee Dishonesty Insurance which will pay for losses to County property or money caused by the fraudulent or dishonest acts of the FKSPCA's employees or its agents, whether acting alone or in collusion of others. The minimum limits shall be: $100,000 per Occurrence Commercial General Liability Insurance Prior to the commencement of activities governed by this contract, the FKSPCA shall obtain Commercial General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable shall be: 11 $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $ 1,000,000 per Occurrence $ 100,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. Business Automobile Liability Insurance Recognizing that the work governed by this contract requires the use of vehicles, the FKSPCA, prior to the commencement of activities governed by this contract, shall obtain Business Automobile Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non - Owned, and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage Workers' Compensation and Employers Liability Insurance Prior to the commencement of activities governed by this contract, the FKSPCA shall obtain Workers' Compensation Insurance with limits as set forth in Florida Statute 440. In addition, the FKSPCA shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of this contract. All Risk Property Insurance "All risk" property insurance, including theft coverage, written at replacement cost value and a replacement cost endorsement insuring CONTRACTOR'S improvements and betterments, fixtures, furnishings, equipment and any other property belonging to CONTRACTOR Veterinarian Professional Liability Insurance 12 Recognizing that the activities governed by this contract may involve the furnishing of professional services by a licensed Veterinarian, the FKSPCA shall purchase and maintain, throughout the life of the contract, Veterinarian Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of a Veterinarian arising out of activities governed by this contract. The minimum limits of liability shall be: $1,000,000 per Occurrence /$2,000,000 Aggregate Insurance Requirements for Contractors and Subcontractors Engaged by the FKSPCA All provisions specified in the General Insurance Requirements (including the County being named as an Additional Insured) specified above shall apply to all Contractors and Subcontractors engaged by the FKSPCA. Prior to the commencement of any activities of Contractors and Subcontractors engaged by the FKSPCA, the FKSPCA shall ensure that the Contractors and Subcontractors are maintaining the following types and amounts of insurance. Commercial General Liability Insurance Coverage shall be maintained throughout the life of the agreement between the FKSPCA and the Contractor or Subcontractor and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability Personal Injury Liability The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $ 1,000,000 per Occurrence $ 100,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of the contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the final acceptance of the work performed by the Contractor or Subcontractor for the FKSPCA. The County must be named as an Additional Insured on all Contractors and Subcontractors Commercial General Liability policies. 13 Business Automobile Liability Insurance The FKSPCA, prior to the commencement of activities governed by the contract between the FKSPCA and any Contractor or Subcontractor shall ensure that all Contractors and Subcontractors will maintain Business Automobile Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non - Owned, and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage Workers' Compensation and Employers Liability Insurance Prior to the commencement of activities governed by a contract between the FKSPCA and any Contractor or Subcontractor, the FKSPCA shall ensure that all Contractors and Subcontractors are maintaining Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the FKSPCA shall ensure that all Contractors and Subcontractors are maintaining Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Builders Risk Insurance Prior to any construction activities engaged by the FKSPCA, the FKSPCA shall obtain Builder's Risk Insurance on an All Risk of Loss form. Coverage shall include coverages for: Theft Aircraft Windstorm Vehicles Hail Smoke Explosion Fire Riot Collapse Civil Commotion Flood The policy limits shall be no less than the amount of the finished project and coverage shall be provided on a completed value basis. Property located on the construction premises, which is intended to become a permanent part of the finished structure, shall be included as property covered. 14 Additionally the Contractor agrees to obtain and adhere to the insurance requirements as set forth in the Amended and Restated Lease Agreement Revised Joint Participation Agreement and Revo cable License Agreement for Use of City property 10. DONATIONS AND GRANTS: The Contractor shall issue receipts, keep appropriate records, and account separately for all donations and grants received by Contractor: (a) At any Monroe County Animal Shelter; (b) For the benefit of animals in Monroe County; or (c) Off of Monroe County premises for which the donors have a reasonable expectation that the funds may be used out of County Said donations and grants shall be used by Contractor only for the benefit of shelter animals in Monroe County or other services not mandated by the contract and may only be applied to the organization's operational mission within Monroe County. In the case of donations solicited by third parties on behalf of the Contractor, the donating entity must make its financial records pertaining to the donated funds available to representatives of the Contractor and the County during regular business hours (Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding holidays) in order to insure that all monies collected on behalf of the Contractor are in fact donated to the Contractor for the benefit of Monroe County shelter animals in Monroe County. If a prospective donating entity is unwilling or unable to comply with the foregoing requirement, then the Contractor may not accept any donations from that entity. 11. FACILITIES AND EQUIPMENT: The Contractor hereby accepts the Shelter facilities and equipment in "as is" condition, and the Contractor shall allow the County to inspect said facilities and equipment at any reasonable time. In addition, all operating supplies and any additional equipment such as catch -all sticks, cages and the like shall be the responsibility of the Contractor. A capital asset is tangible property or fixtures estimated to cost or be valued at $1,000 or more. Prior to purchasing a capital asset with County funds, the Contractor shall notify and seek approval in writing from the Public Works Department. If County funds are used to acquire any capital assets, then upon termination or expiration of the contract those assets will become the property of Monroe County, unless otherwise agreed to by the County. The Contractor shall maintain a list of all capital assets even those purchased without County funds, noting whether acquired with County funds or other funding sources and the Contractor shall provide said list to the Public Works Department, as amended, when additional capital assets are acquired. Property acquired with County funds will be inventoried pursuant of Chapter 274, Florida Statutes. All fixtures, equipment, signs and tangible personal property provided by the Contractor and used on the premises by Contractor shall at all times be and remain the property of the Contractor. Contractor shall have the right to remove any such fixtures, equipment, signs or tangible personal property or any 15 part thereof, from the premises during the term of this contract, at the expiration thereof or within a reasonable time thereafter; provided, however that Contractor, in doing so does not cause irreparable damage to the Premises, and further provided that Contractor shall pay or reimburse County for the reasonable expenses of repairing damage caused by such removal. 12. INVENTORY: Prior to commencement of the service contemplated herein, the County shall perform an inventory of all supplies, materials, medicines and equipment at each Shelter and the inventory lists prepared therefrom shall be signed by both parties hereto. 13. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS The Contractor hereby agrees that he has carefully examined the premises provided by the County and the district for which he shall provide services and has made investigations to fully satisfy himself that such site(s) is (are) correct and suitable for this work and he assumes full responsibility therefor. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor. 14. MAINTENANCE, IMPROVEMENTS AND CAPITAL ASSETS The Contractor shall be responsible for the shelter premises. The Contractor shall: a) Maintain the Shelters and Premises, including kennel areas, cages, and euthanasia room(s) and all equipment in a clean, safe and sanitary manner. b) Maintain and be responsible for the costs of repairs to the Shelter buildings, grounds, and equipment in order to keep same in proper working condition. Prior to commencement of any repairs, the Director of Public Works or designee must be notified, in writing, of the proposed repairs and estimated cost. The Contractor will accept the facilities and equipment in "as is" condition. All operating supplies and any additional equipment such as catch -all sticks, cages and the like shall be the responsibility of the Contractor. c) Contractor shall have the right during the term of the contract to construct, re- construct, re- model, paint, decorate and re- decorate the Shelter; provided however, that all such improvements to the Shelter by Contractor shall conform to all applicable building codes, regulations, permits and prior written approval from the Director of Public Works or designee is obtained; written approval by the Director of Public Works or designee shall not be unreasonably withheld. All improvements remaining at the Shelter at the expiration or upon the termination of the contract shall become the property of the County. If at the expiration or termination of the contract the Contractor wishes to leave the improvements or personal property at the Shelter, Contractor shall obtain written approval from the County. The County has the sole right to reject the leaving of such personal property and improvements and require the Contractor to remove them from the Shelter. If Contractor fails to remove personal property or improvements that a) Contractor leaves on site and b) the County requests removal, the County shall have the sole right to remove Contractor's personal property and improvements from the Shelter. Contractor shall be responsible to reimburse the County for all costs and expenses associated with the removal and disposal of Contractor's personal property and improvements. If County funds are used to acquire any capital assets, then upon termination or expiration of the contract, those assets will become the property of Monroe County, unless otherwise agreed to in writing by the County. 15. FUNDRAISING: The Contractor may not use the Shelter Facilities for fundraising events or for selling merchandise or services unless the County does not object after the Contractor notifies the County in advance and unless the funds raised, less related costs, are used to benefit the animals in Monroe County. The Contractor shall collect on behalf of the County the fines as listed in Monroe County Code Section 4- 39, 4 -45, 4 -46 and 4 -66, and the fees listed in the Fee Resolutions attached hereto as Exhibit "B," as same may be amended from time to time. Said fines and fees shall be remitted to the County as set forth in Sec. 4 -39 of Monroe County Code. Contractor shall account separately for all donations and funds received: a) At any Monroe County Animal Shelter; b) For the benefit of animals in Monroe County; and c) Off of Monroe County premises for which the donors have a reasonable expectation that the funds may be used out of Monroe County. Funds raised by the Contractor from fundraising events at the Monroe County shelter and donations received at Monroe County Animal Shelters shall only be used to benefit the animals in Monroe County or other services not mandated by the contract and may only be applied to the organization's operational mission within Monroe County unless there is documentation that the donor wanted the donation to be used for any mission purpose, whether in or out of the County, or the fundraising fliers and other materials make it clear that the funds are to be used outside the County. 16. NON - DISCRIMINATION County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to 17 time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 17. INSPECTION OF BOOKS AND FACILITIES /AUDIT /ACCOUNTING: Contractor shall keep and maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to the Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. In addition, the Contractor shall, at its expense, provide the County with an annual audit prepared by an independent Certified Public Accountant; said audit shall conform to generally accepted auditing standards and shall be submitted to the County within one hundred twenty (120) days following the close of the Contractor's fiscal year. 18. PUBLIC RECORDS: Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in order to perform the service. (b) Provide the public with access to public records on the terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. The County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. 19. MEDICAL RESEARCH In no event shall any animals under the care, custody, or control of the Contractor be given, bartered or sold to any medical research company. 20. CAT /RACCOON TRAPS: 18 The County hereby leases its cat /raccoon traps to the Contractor for the Contractor to rent to the public upon payment of a deposit fee. All deposit fees collected by Contractor shall be returned to the renter upon return of the trap or, if the trap is not returned to Contractor, the deposit fee will be retained by the Contractor in order to purchase replacement traps. At the end of this agreement, the Contractor will return the same number of cat /raccoon traps to the County as the County had provided at the beginning of this agreement. Nothing herein shall preclude Contractor from purchasing and renting its own cat and raccoon traps. Contractor shall notify the public of the availability of cat and raccoon traps. 21. BREACH OF TERMS BY CONTRACTOR The passing, approval, and /or acceptance by the Owner of any defect in the services furnished by the Contractor, shall not operate as a waiver by the County of strict compliance with the terms of this Contract, and specifications covering the services. County may immediately terminate the Agreement due to any violations by Contractor of criminal statutes governing humane and cruel treatment of animals. Any other Contractor breach of this agreement shall be governed by the article below on termination for cause. The Contractor agrees that the County Administrator may designate representatives to visit the facility(ies) periodically to inspect Contractor's maintenance of the premises, and care provided to animals. The Contractor agrees that the County Administrator may designate representatives to visit the facility(ies) periodically to conduct random open file evaluations during the Contractor's normal business hours. 22. TERMINATION WITHOUT CAUSE The County may terminate this agreement without cause by providing the Contractor with written notice of termination at least sixty (60) days prior to the date of termination. 23. TERMINATION WITH CAUSE The County may terminate this agreement for cause if the Contractor shall default in the performance of any of its obligations under this agreement. Default shall include the occurrence of any one of the following events and same is not corrected to the satisfaction of the County within fifteen (15) days after the County provides the Contractor with written notice of said default: a. Failure to provide food or water for animals in the custody of Contractor. b. Failure to procure appropriate veterinary care for any sick or injured animal in the custody of the Contractor. c. Failure to administer euthanasia in a humane manner. d. Failure to maintain the Shelters in a clean, safe and sanitary manner. e. Breach of any other term, condition or requirement of this agreement. 24. ASSIGNMENT The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this 19 agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 25. COMPLIANCE WITH LAW In providing all services /goods pursuant to this agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the contractor. The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract 26. DISCLOSURE AND CONFLICT OF INTEREST A. The Contractor represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. B. Upon execution of this contract, and thereafter as changes may require, the Contractor shall notify the County of any financial interest it may have in any and all contracts with Monroe County. 27. FINANCIAL RESPONSIBILITY The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. The Contractor represents by signing this agreement that it has the financial ability and responsibility to develop and construct an animal control facility on the Relocated Premises and that it will be solely responsible for all cost associated with the Project and that funds reimbursed under this contract are not for the development and construction of the Project. As per the 99 -year Amended and Restated Lease agreement, the Contractor shall provide a performance guarantee to the County before a building permit will be issued. The Contract shall warrant, prior to issuance of a building permit, that Contractor has the financial capability to construct and complete the Project/The Facility as planned without the need to request further funding from County for same. The Contractor shall confirm in writing (in the form of bank statements; signed letter from the bank stating that funds are in the bank for the specified project; documentation provided by a financial institution of a line of credit assigned to the construction of the Facility) that Contractor has the funds in place, at the time of issuance of the building permit such to be in a position to construct and complete the Facility. The County /BOCC shall address any deficiencies in funding. The County /BOCC has the option to reduce the size of the project/The Facility in order to meet any deficiencies in funding. 28. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: 20 Monroe County Administrator and Dent Pierce, Director and County Attorney 1100 Simonton Street Monroe County Public Works 111112 th St., Suite 408 Key West, FL 33040 1100 Simonton St., Rm. 2 -231 PO Box 1026 Key West, FL 33040 Key West, FL 33041 -1026 FOR CONTRACTOR: Florida Keys SPCA 5230 College Road Key West, FL 33040 29. TAXES The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is the Contractor authorized to use the County's Tax Exemption Number in securing such materials. The Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 30. GOVERNING LAWS This Agreement is governed by the laws of the State of Florida. Venue for any litigation arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to attorney's fees and costs. 31. PUBLIC ENTITY CRIME STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (CATEGORY TWO: $25,000.00). 32. AUTHORIZED SIGNATORY The signatory for the Contractor, below, certifies and warrants that: (a) The Contractor's name in this agreement is its full name as designated in its corporate charter. (b) He or she is empowered to act and contract for Contractor. (c) This agreement has been approved by the Contractor's Board of Directors. Further, Contractor shall, upon execution of this agreement, provide proof of incorporation and a list of its Board of Directors. 33. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the County and the Contractor for the services contemplated herein. Any amendments or revisions to this agreement must be in writing and be executed in the same manner as this agreement. 34. NON - RELIANCE BY NON - PARTIES 21 No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in the Agreement. 35. SURVIVAL OF PROVISIONS Any terms or conditions of either of this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. IN WITNESS WHEREOF, the parties hereto have executed this Amended and Restated Agreement as of the date first written ahnvP_ Print Name: 0 /PS A k &jmez,.,7 By: t' X / Lt WITNESS Print Print Name: 7S ikQ_ ' WC V1 E 22 BOARD OF UN MMISSIONERS OF ON COU OID By: ayoiKhairman CONTRACT By: Presiden Florida Keys Society for the PreventI f Cruelty to Animals, Inc. MONROE COUNTY ATTORNEY — APPROVED AS TO FORM: CHRISTINE M. L.IMBERT- BARROWS ASSISTAI`JT GCU�lTY ATTORNEY Date �� (� Attest " By: WITNESS '" t U LLJ O CO W �- --�0 LL. ;� Z 22 BOARD OF UN MMISSIONERS OF ON COU OID By: ayoiKhairman CONTRACT By: Presiden Florida Keys Society for the PreventI f Cruelty to Animals, Inc. MONROE COUNTY ATTORNEY — APPROVED AS TO FORM: CHRISTINE M. L.IMBERT- BARROWS ASSISTAI`JT GCU�lTY ATTORNEY Date �� (� Attest " By: WITNESS ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community - Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all- inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305 - 292 -3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter- company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following Information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor Invoice must be included Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice Is required. Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted Including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non - allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non - sufficient check charges, penalties and fines. ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( Organization name) for the time period of to Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX (A) Total (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D -C) X.XXX.XX I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this day of 200_ by who is personally known to me. Notary Public Notary Stamp EXHIBIT "B" PAGE 1 OF 4 RESOLUTION NO 599- 2U06 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING RLSc OLV77ON NO. 386-2M6 TO PROVIDE A THREE-YEAR COUNTY LICENSE FEE FOR CATS THAT ARE NOT SPAYED/NEUTERED. WHEREAS. Resolution 386 -2006 was passed by the Board of County Commissioners on September 20, and 2006 providing for one -year and three -year County licenses, fees for dogs, cats and ferrets and replacement license; WHEREAS, a scrivetaWs error resulted in the omission of the 3 -year County license fee for cats that are "nor spaw&nmfered and 6 nwwhs ofage or older", 2.E. (2)(b); and WHEREAS, the animal control contractors report that there are a sufficient number of people selecting the three -year vaccine for their pets to make the ahernative three -year license also desirable; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, that: I. Section 2.E. of Resolution No. 386 -2006 is hereby amended to read. L) I as ela ca E C14 C) CL 2. E. County License: (1) Dogs: ONE YEAR THREE YEAR i (a) Animal is spayed/neutered or under 6mwft of age s10 S20 (b) Animal is not spayed/neutered and 6 months of of age or older S35 (2) Cats: S75 (a) Animal is spayed/neutered or under 6months of age $10 $20 (b) Animal is not spayed/neutered and 6 months of age or older $35 7 (3) Ferrets: $6 $10 (4) Replacement (per replacement, regardless of years covered) S2 (5) Dogs and cats with microchips or other means of permanent identification and with regi to the or a national idenffication service current t1D the owner, shall receive a S5 discount � from the annu T PASSED AND ADOPTED by the Board of Count meeting of the Board held on the 15th day of November, 2006. y Commissioners of Monroe, F(�da, ! tea Mayor McCoy Yea - - Mayor Spehar Yes �%� q Commissioner Neugent Yea Commissioner Murphy Yes rn j Comn DiGennaro Yea ca (SCSI) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA Y Deputy Clerk MONROE COUNTY Y� ATTORNEY M / 1 LO LO El CD 04 cs 0 CD cs 04 z a 0 U rtyor Chatrmrto AP VED AS TO ZANNE A. U ON COUNTY = Dare _S, EXIBBI T "B" PAGE 2 OF 4 A RESOLUTION OF TM BOARD OF COUNTY C01�� vNR A COUNTY, iR.OMDA. AWMr RI&40LUTI0 NO. 7fI1i TIMIL-YEAR ALTERNATIVE 1N TM DOG, CAT A FERRET LICENSE Flit. WHMt6A%ReaobM=74. 240 -2006 was poesed dP to Boardof Canty Cammmstoaets (BOCC) to revise the 6= m be dwpd for various 80MAI 00mrd smvicea ; and � , ReaohMioo No. 2402006 dimiassed the alodrMivo dn'ee'peer h aNa'1.ble is ono o° vas tM thtao -year mbm vaccm whirl me a dMMUMNIed b some Pets: and N►El�REAS, ibo animal aomd ooatraeoots n�oet tltet Aae ate a au�aaent notobe< �P ae16 �D dn& w vaccine for their pets m mks the atemative daeo-ym hcmw abo desitahler, NOW, TMMR& w IT RESOLVED BY TAE BOARD OF COUNTY camm SBIONER3 OF MONROE COUNTY, dut: 1. Section 2.E. of Resolution No. 240 -2006 is bmebY sm nded to nod: 2 . OMYEAL 1 RMUR E. County Lioeose: ( 1w: $10 t20 ( Animal is spayedlaeateeed a under 6modhe of ago (b) Animal is ant apayed/naataed and 6 moatlts of age or older $35 S75 (2) mss S10 $20 (a) Animal is apayedlseatmed or under 6moolb of ago (b) Animal is not epayed/nsaomed asd 6 moths of age or older $35 (3) Festers: $ 6 S10 (4) RrFl wwxM (Per repboenkmM regatdlom Of Years oovemd) $ 2 (5) Dogs sod cats with nuaoc ips or Other inns of pmwm M ideatiIIwbm and with tegi l i" ro d►o Cowry ar a vsbmal xkgn5ation setvZo onreat to the owner, d a0 roorive a u dieoou®t doom We aomal license toe. PASSED AND ADOPTED by the Bawd Of Canty Com u miooas of Uilemoe County, Florida, st a meeting of At Booed held an the 20& day of Septedaber 2006. mayormccoy Mayor Spam MONROE COUNTY ATTORNEY X APPROVED ym YA N/1TIt.EENE W. - n A ssi8 COU NTrC�>�y �� 17 ` ya Dan. nor BOARD OF COUNTY (70M11 a OF MONROE , FLO z: h clerk a D rn �r e7 mayormccoy Mayor Spam EXHIBIT "B" PAGE 3OF4 Companion to Ahereate Version RESOLUTION NO. 240 -206 A RESOLUTION OF THE BOARD OF COUNTY COMIMUSUONERS OF MONROE COUNTY, FLORIDA, REPEALING AND REPLACING RESOL1777W NQ 261,2683 TO PROVIDE CHANGES TO DOG, CAT & FERRET LICENSE FEES, WHEREAS, Resob dwr Na 261 -2003 was paaeed by the Board of County Commissioners (BOCC) to require the issuance of a dog license to correspond with the kagth of effectiveness of the rabies vaccination acWally adored; and WHEREAS, the BOCC has passed Ordbxvwe Na 006 -2006 requiring licenairro of dogs, cots and ferrets, and WHEREAS, the BOCC has determined that it is in the best interests of the public to change Chapter 3 of the Monroe Comity Code to ahlo require lioamure of ferrets and to choup the age at which lioenaes we required to conform licensum to the Some rabies vaccination laws and VMMAS, the BOCC has determined that there a no public concern about the het previously found by the BOCC that calls for pick up of un- namwed and wuprayad dogs at large esoeed such cob for dogs who have bean neutered or spayed; and WHEREAS, it is desired to reduce the angst of pet owners who do not beep their pets ftom roaming at large; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COhOMSIONERS OF MONROE COUNTY, that: 1. Resnlrllarr Na 261 -2005 is hereby repealed. 2. Pees shall be collected fbr the following aorviees as specified: , myn Ew A- pick•: (1) First Time $25 (2) Second Time $50 (3) Thud and each additional time within a 12 -mondt period $ 100 `Tbe above pick -up Res shall be doubled ff the animal picked up was not vaccinated far rabies. (4) UnaMvd csllasul ne logelbws/ om pane Ucmw. If an unaltered animal comes into the abetter, either by being picked up or brought in, there will be an additional $100 fine for the fact that it is In eltered and that fine will be waived if owner or afeTgrred metalw Wm 10 &her the animal prior to leaving the shelter. B. BQa&u (per night) S10 C. Adoofm $10 D. QjW=L $tn ROAN sea 261,200) 1 (G10nP=ioa b oN AMWA 006-2006 AkwMe Vwzio@ App 6 2106) EXHIBIT "B" PAGE 4 OF 4 E. SdaOl7C Imo; PER YEAR` ( Dogs= (a) Animal is spayed/neutered or under 6mooft of sp S10 (b) Animal is not gwyed/aeutered and 6 months of age or older S35 (2) Cab: (a) Animal is "yed/neutaad or mder 6months of age S lo (b) Animal is ant g ayedhxuarW and 6 months of sp or older $3 5 (3) Ferrets: S6 (4) Replacement S 2 (5) Dogs and cab with microchips or other means of permanent identification and with registration to the County or a national identification service current to the owner, shall receive a SS docou t 8aom the anaual license he • Licenses are to be issued on an annual basis. However, any t rwyeer license previously issued in conformity to a three -year rabies vaccine and pur Rmw to Re ooJubw 261 -2003 shall remain in p IN r t until its natural ehcpkation date. F. (1) First year $100 (2) Armwl Renewal S 5o G. B i't�(Pef litter) S 50 Litter registration is requited before birth. The owner of a pregrum animal shall be assessed a littler fee of S50 for each litter. if the litter is not registered, there will be $100 fine for first offWse SM flue for second offense. SSW fine on that offense. Al the first ot&me, the fine of $100 will be waived if ownedcaetalm agrees to alter the litter and breeding mother. PASSED AND ADOPTED by the Board of County Commm ioners of Monroe County, ax a BOARD OF CO COhO MONERS (SOD OF MONROE , FLORIDA After DANNY L. KOLHAGE, Cleric By: MayorfiChairnuui Dapdty Clark MONROE COUNTY AT ar � 261 N 'Y APP M AS R.r1.. �oo� 2 (Uompeti W 100rd A W=d 00&2006 AYerre Vffd= App 6 21 06) YON Dab meeting ofhere Board bald on the 21a day of Jame ,2006. 3 p -w 0 Mayor McCoy Tea v Mayor Spdhar tea C.0 o Commiaeioner NeuBent Tss �m15pOner Patton tea Z .a �,r � r*t issioner Rloe Tea �'�� o EXHIBIT "GI" FORMS REQUIRED TO BE USED BY CONTRACTOR ADOPTION AGREEMENT (ORGANIZATION'S NAME ) Monroe County, Florida This Agreement is entered into between (name of Adopter) the "Adopter," and name of organization) the "Agency" this (day) day of month , 20_. In consideration of the mutual promises contained herein, the above stated parties hereby agree as follows: 1. Agency shall release to Adopter the animal described in Receipt No. 2. Agency has provided basic care to the animal, and has found it to be in apparent good health, but makes no guarantees as to any undetected medical disorders or defects in its disposition. Any medical treatment or procedures rendered to the animal preparatory to the adoption shall be listed on a receipt provided to Adopter. Adopter may return the animal within 10 days of adoption without further charge only if the animal is certified by a licensed veterinarian to suffer from a congenital disorder. Any return after that time or for other than a congenital disorder will be subject to the Agency's Intake Fee. In recognition that Agency is a not - for - profit organization providing shelter care for the County shelter, none of the adoption or other related preparatory fees are refundable. 3. In consideration of the privilege of adoption, Adopter hereby waives any and all claims for damages against Agency and Monroe County, their officers, employees, agents and representatives which may result from this adoption, including, but not limited to, any veterinary costs or expenses incurred for the animal, damages or injury to property or person. 4. Animal has been neutered or spayed. Adopter agrees that spaying/neutering is a condition of the adoption and this contract provision may be enforced in Court. In the event that the animal is discovered to have not been neutered or spayed for any reason prior to release to Adopter, Agency shall, by written notice delivered in person or by registered mail, return receipt, require Adopter, within ninety (90) days of said notice, to provide to Agency a licensed Veterinarian's certified statement that the animal has been neutered/spayed or shall return the animal to the Agency for such procedure. Should Agency action become necessary to enforce this provision, Adopter agrees to pay all costs, including court costs and attorney's fees of the Agency. Should a Court adjudicate this issue, the parties agree that in addition to payment by Adopter of all costs, the Agency shall be entitled to injunctive relief requiring the spay /neuter surgical procedure. 5. Adopter agrees to provide humane care for the animal in accordance with all laws and ordinances in force in Monroe County. Adopter will not sell, trade, give away, or otherwise dispose of said animal without first giving Agency the right to take possession and ownership of the animal, subject only to the Agency's Intake fee as set by Monroe County Resolution. SO AGREED the date first written above. (Signature of Adopter) (Signature of Agency Representative) EXHIBIT "G2" FORMS REQUIRED TO BE USED BY CONTRACTOR AFFIDAVIT OF INABILITY TO PAY ANIMAL CONTROL CHARGES I, , (name) who being first duly sworn, in support of my request to have certain Monroe County Animal Control charges waived, do certify that: I am the owner of (name(s) of animal(s) who are, respectively, , and (specify species) who have/has been picked up, housed or cared for by Monroe County Animal Control. 2. For the period of to , $ (date of 1'` charge) (date of last charge) has been incurred as a result of the animal control services stated in paragraph number one. 3. That I am unable to pay (check one) 1) the charges (or) 2) any more than $. without substantial hardship to myself or my family due to the following circumstances: (check all that apply) (A) My household gross monthly income from all sources is less than: (1) $1,200 if only one person in household, or (2) $1,500 if more than one person in household. (B) I do not have cash (including checking and savings account) in excess of $500.00. (C) I owe debts due to illness or misfortunes of my family. If this item is checked, briefly describe in the space provided below: (D) I do not own real or personal property which are not used by me for shelter and the necessities of life. If this item is checked, briefly list and describe all real property and automobiles owned by affiant: 4. If any statement herein is determined to be untrue, I agree to pay such charges as have been waived as a result of this affidavit. (signature) SWORN TO AND SUBSCRIBED before me this _day of , 201 , by , who is personally known to me or who produced ,as identification. Concur Concur Notary Public - State of Florida at large Animal Control Director County Administrator EXHIBIT "G3" FORMS REQUIRED TO BE USED BY CONTRACTOR RESOUTION NO. M • 2110 A RKAOLUtM Of TM BOARD OF COVKW C0Dv4Fssw"m OF MONROE COUNIM, VWIUDA, APPROVING Tin AN 04AL CONIVAL WATIM IM BE CUD PWRWATr TO SECTION 446 or This mOm"X CAMIRW COOL WMW pumo I Mmw County CuqJ6 4-464 q= QbmMn$ a VW WW of Ovow 4,ofthe MM an WNW W01-rd &*WMW Or WMII Mtn' OMM. Of any other law enforaoent aft, may imse s elution; and 'RWCUA& the SMOW COW C"O wed OWI be in O"WAny the "m forts U approved by Boot tew*jdM ord WHEW.a the ammal muhrol dkftm Auuld be approved by 0w &W4 of COMIF Comifs�os�ar+s r*r the purpose o f M enfl=mew of the Mwm County Amul Control Otdr*w, and WHKWA.% Section 4.46, MCC sea forth the regused wAmmation do shalt be awAindin the dwkw. NOW THERE10K, BE IT RZSOL'e%D IW INE BOARD OF COUNTY CM845VIORM (W MONEM MINTY. IMMUDA. THAT: 1. MW — I '*f CAMMY COMMUSiMM Of M008ft C0010Y 00 4 OW =WW cambel 1- -1 aftehed bmWo =4 ponsmad 46 See 4-46 at dke Mmm CM* Code. rWpdrW &W NO SAIMA! C61111d C@dnKlGn We cinders in - t --- - t 1 4% the not has a Opp's I id herein. 1PAIVWD AND ADOM-D by the Bond of County Commissioners of Mon= Comm F)olik on this 1 5th day of Septemba. 2010. %UYIX s*32 Murphy m"m Fro Teo Hemaw cvftdbm Commisgow Kha W**an (,amm*pUwGwrvNw4pd Camm46omw Mario Di C"imiam (SISAL) Anew DANNY L. XOl RAGE. (EERIE r\ DepAy Ckwk yen Q YOU rg HO ARD OF COUNTY CO MAW' l aw i m - mem i l RSA 0FMEP4UECMlVTY,F1,OMA By ! #*NAOE GCM-ITY ATTC::Nr.-',' APP ()V!:-' A" TR FORM: t4-rj,=lj it) EXHIBIT "G3" FORMS REQUIRED TO BE USED BY CONTRACTOR 290 .21110 A gffAOLVTIW Of nW BOARD OF COLT W COONSSWNM of MONROE COUNTY, wWxwA, AppRovimG Tnz ANWAL corrivoL criAmP 70 Bit UM PURSUATr '10 SWnDN 4-46 OF T" MONKM CMVKW COOL WMEM pAgAn I M C C44g (MCC) Uaso 4-46, up" obsomng a vi*WWo of MWw 4 ofthc MM. an a*" tosid &*OMIW Oc Wi" 0 MFG 1 Offim. at any 000 1A* "*new" nmw. may l wne a chn" and %IHKRL4A the & ocXftl Cb60" wW " be in A6%ukially Lbe mw Was as approved by Board mwAd* and WHEM& thC animal 000W 4WOR *AIM be wmyA by ft Btwd of CWKY C offlo W l i Cen lbr the p of VWh* emfomemm of the Mono Cowry Aftiftul con"01 owbence; and WIUMM, Section 446, We sm forth the rupnd w0mafin that Amg be cosulifta in the cill". NOW THMFIOU, MZ ff MOLVILD MY THE BOARD OF CUUNW COM►EMOKM OF MOM= COUM, FLOWA. TKAT: 1. Mm Be" *r ciously Cowan siaam of M*"" copsly of 0, 00 on WNW cmftd cks&s aftschm! ht In sz4 pwwwd to Sea 446 of do 111 - 0 CAPE* Code, i m jpd m &W #A sabW cmad cutrwftn vw citedew In - t - I - Wak the am* bm as h A I! MV= AND ADOPIITD by the Board of County Comm6skwm of Monroe County, FI*Kft on this 15th day of September. 2010. Wyw Sylvia D&rpky MIYN FM Tem Hember cvvhm cocambsiow Kim VAS*on Conm►si~ Norio Di Gensero (SM) Anew DANNY L. KOT AAGR. CLERK C. —LaLzrV- Depiy Ckwk yen ydev tv A Tom 2r HOARD OF COUNTY Co OF AWNROE CXX T.Vff, FRT NIONROE r;c.%ulrry APP� 01.f TQFORM: CHMTINE 10. t A$%NSTANZ iMb Board of County Commissioners, Monroe County, Florida Animal Control Division In the County Court, In and for Monroe County, Florida Citation No. Citation Data: AM./P.M. In the rsrae of Mataoc County, Florida the undersigned certifies that he/she bad just and reasonable grounds to bdiavo, and does believe mat Fitt Name Middle Last Name (Name of the OamedAlleged Viola -) Street Address City Stab zip On the day of 20 at A.M. / P.M. at (LO°ation) Manioc Canty, Florida, did oomenil the following offmse(s), contrary to laws. Facts cooe6tuting probable atsdd —ts of offence: Anisai D— r*daae (IfavaYaW Name: Breed: Color: Sex may— Age: — ❑ ANIMAL AT LARGE, SEC. 4.67(a) ❑ DOG BITE, SEC. 4.75(f) ❑ NO CURRENT RABIES VACCINATION, SEC. 4.64 ❑ NO VALID COUNTY LICENSE SEC. 4.65 ❑ FAILURE TO PROVIDE ADEQUATE SHELTER, SEC. 4-8 10) ❑ANIMAI.(S)CONFINED IN VENHICLE, SEC. 4.81(s) ❑ FAILURE TO NEUTER DOGS, CATS, RABBITS, SEC. 4.69(x) ❑ OTHER VIOLATION SEC. 4. Where triable m Comity Cant, Lows Keys Division - Monroe Canty Cwrmouse Anne; 302Flenang Street, Kay West, FL. 33040, or Middle Keys Division- Massthoo Bra nrb Courthouse, 3117 Ovesas Highway., Mamhan, FL 33050; or Upper Keys Division- Upper Keys Government Center. 88820 Ovcmu Highway, Plantation Key. Florida 33070 On: (Month) (Day), 20 u A.MJPM lodge: Courbcorn:_ ❑ IT IS MANDATORY THAT YOU APPEAR IN MONROE COUNTY COURT AT THE TIME AND PLACE RECORDED ABOVE. ❑ YOU NEED NOT APPER IN COURT ON THE DATE ABOVE, BUT MUST COMPLY WrJW THE INSTRUCTIONS ON YOUR COPY OF THIS DOCUMENT. ISSUING OFFICER: DATE: SIGNATURE PRIM NAME AND TITLE: 1 HEREBY AOREE TO APPEAR AT THE TIME AND PLACE DESIGNATED ABOVE TO ANSWER TO THE OFFENSEM CHARGED OR, IF THE OFFENSE(S) CHARGED DOES NOT REQUIRE A MANDATORY COURT APPEARANCE AND I DESIRE NOT TO CONTEST THE CHARGE, TO PAY A CIVIL PENALTY IN THE AMOUNT OF S IN THE MANNER SET FORTH IN THE INSTRUCTIONS ON THE BACK SIDE OF THIS CITATION. I UNDERSTAND THAT, IF 1 DO NOT APPEAR IN COURT TO CONTEST THE CITATION OR PAY THE CIVIL PENLTY WITHIN TEN 1101 DAYS OF DATE OF THIS CITATION (EXCLUDING SATURDAY, SUNDAYS AND HOLIDAYSt, l SHALL HAVE BEEN DEEMED TO WAIVE MY RIGHT TO CONTEST THE CITATION AND IN SUCH CASE JUDGEMF,NT MAY BE ENTERED AGAINST ME UP TO THE MAXIMUM AMOUNT OF THE CIVIL PENALTY OF 5500. IN ADDITION, FAILURE TO COMPLY MAY ALSO RESULT IN AN ORDER TO SHOW CAUSE TO BE ISSUED FOR MV APPEARANCE IN COURT, WHICH MAY FURTHER RESULT IN BEING HELD IN CONTEMPT OF COL11T. SIGNATURE OF OWNEWALLEGM VIOLATOR DATE SIGNATURE IS= AN ADMISSION OF GUILT (Note: Front of citation) IN STRUCTIONS If the officer marred an "X" in the box preceding the words "YOU NEED NOT APPEAR IN COURT". You may answer this summons by either of the following methods: o i�E apt) you must WITHIN IO DAYS of the issue of this 1. If you desire to plead GUILTY or NOW CONTEND ERE with a Cashier's Check of Money Order for the citation, (Saturdays, Sundays and Holidays excluded) MAIL this rtotice checked below, k W CLERK OF CIRCA COURT. to prescribed amount for the vklatian charged, payable checked below, between the hours (DO NOT MAIL CASH ., PEMonday RS CHECKS); or you any — F Saturdays, Sundays � Holidays excluded) and pay the Prescribed amount. of 8:30 A.M. & 5:00 P.M., day Y Lower Keys Clak's CMfim (or Md&e or Uppa Keys Clak'a OWw as appropride) 500 Whitdwad SL, Suite 101, Key West, Flands 33040 AMOUNY TO BE PAID: f Note: tmsl sigit the" PLEA OF GUILTY OR NOLO CON[II`Q M AND WAIVER OF RIGHTS:' below acrd Whirbever your method dpayum4 You mUun i to the Cleric with yemr cheek. address a court heating on this clogs. Your request MUST be made in person by YOU MAY APPEAR IN COURT by requ 2. appearing yours esting sea time specified on the front side of this citation. Thia copy of elf or through an attorney at the the Notice to Appear must be presented to the court at such appearance- PLEA OF GUILTY OR NOLO CONTENDERE AND WAIVER OF RIGHTS In consideration of my not appearing in court; I, the undcrsrgned, do hereby enter my appearance on the affidavit for the ogenae(s) charged on the other side of the citation. And waive the reading of the affidavit in the above named cause and the right to be present 4DERE (No Contest) for the olfenae(s) at the trial of such action I hereby enter a plea of ❑GUILTY OR C] NOW CON I understand the nature of the charged. I waive my right to defend against such charges) or to appeal any t�or in such proceedings. charges) against me. I plead, as indicated above, to the charges) being fully aware that my signature to thus Plea will have the same effect as judgment of this Court. Signature Address Signature of person tatting waiver if presented in person Title: (Clerk, Deputy Clerk) CL L) I W tl} 09 E C1l I C) CL I Ln LO LO Cpl CD Cpl cs O CD cs 04 ca z r _ 09 E U m (Notes Back of eitati0n EXHIBIT "G4" DATA FOR MONTH OF: Animals Brought In: Animals Picked Up: Animals Adopted: Animals Redeemed: ANIMAL SHELTER DOGS CATS Animals Transferred': Animals Escaped: Animals Born at Shelter: Animals DOA: Animals Euthanized" , Inc. Other Animals how manv what ** number sick, injured, or dangerous Animals on Hand NOTES: Service Calls: Bite Reports: Cruelty Cases: COUNTY FEES COLLECTED Failure to Spay /Neuter: Exemption License: License: Pick -Up Boarding: Adoption: Disposal: Euthanasia: Feline Leukemia test: Total County Fees Collected: $ - REPORTED BY: Date Reported: `List how many, type of animal and where animal was transferred Donations: Grants: Fundraisers: Other: C.35. b RESOLUTION NO. 14 -089 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, APPROVING THE ATTACHED AMENDED AND RESTATED LEASE BETWEEN THE CITY AND MONROE COUNTY FOR THE ANIMAL CONTROL PREMISES; APPROVING THE ATTACHED JOINT PARTICIPATION AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, in Resolution No. 85 -224, the City Commission approved a 99 -year lease with Monroe County for Animal Control premises on Stock Island; and WHEREAS, the buildings at that location have reached the end of their useful life, and the City Commission finds that it would be beneficial to allow the construction of a new animal control building and shelter at an elevated site; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA AS FOLLOWS: Section 1: That the attached Amended and Restated Lease Agreement between the City and Monroe County is hereby approved. Section 2 : That the attached Joint Participation Agreement between the City and Monroe County is hereby approved. Section 3: That this Resolution shall go into effect immediately upon its passage and adoption and authentication by the signature of the Presiding Officer and the Clerk of the Commission. Page 1 of 2 C.35.b___ Passed and adopted by the City Commission at a meeting held this 18th day of March , 2014. Authenticated by the Presiding Officer and Clerk of the Commission on Zprh day of March , 2014. Filed with the Clerk on March 20 2014. Mayor Craig Cates Vice Mayor Mark Rossi Commissioner Teri Johnston Commissioner Clayton Lopez Commissioner Billy Wardlow Commissioner Jimmy Weekley Commissioner Tony Yaniz A CHERYL SMITH,<31TY CLERK Yes Yes Yes Yes Yes Yes Yes CRAIG CATES, - Page 2 of 2 F C.35. b EXECUTIVE SUMMARY TO: City Commission CC: Bogdan Vitas FR: David Fernandez Marilyn Wilbarger, RPA, CCIM DT: March 11, 2014 RE: Amended and Restated Lease Agreement and Joint Participation Agreement with Monroe County for the Animal Control Premises ACTION STATEMENT: This is a request to approve an amended and restated lease agreement, and joint participation agreement with Monroe County providing for the re- location to another parcel of land owned by the City and utilized by the County for animal control services, and construction of a new building thereon. BACKGROUND: LEASE AGREEMENT The City previously entered into a 99 year lease agreement with the County in December of 1985 for the use of a parcel of city owned land for the purposes of providing animal control services. The original premises have reached the end of their useful life and the County together with its animal control manager are raising the funds necessary to build new facilities. The City has another vacant parcel of land adjoining the City transportation site on College Road that can accommodate a new animal control building and shelter. The re- location will provide the opportunity for the construction and completion of a new facility without an interruption of services, at an elevated site, with the ability to exercise the animals on the adjoining property that will be mutually beneficial. Therefore, the lease must be amended to provide for the re- location, and the original terns that remain unchanged are restated in an updated form of agreement. A summary of the basic terms are as follows: PREMISES: The parcel will be re- located to a site on College Road as shown on exhibit "B" of the lease containing approximately 1.02 acres. TERM: The term remains unchanged and began retroactively on the 12 day of November 1985 and will expire in the 11 m day of November 2084. USE: The County shall be entitled to use the premises for the construction and continuous operation of the animal control program, animal shelter and related and associated uses. The County may enter into an agreement with a third party for the operation of the animal control facility and shelter. RENT: The rent for the re- located premises will be $10.00 per year pursuant to the original lease agreement. EXPENSES: The Tenant will pay for operating costs including all utilities, repairs and maintenance, replacements and to re- construct the property as necessary to keep the premises in good repair and condition. INSURANCE AND INDEMNIFICATION: The most current language and requirements have been added to the lease with language that will provide for periodic updating as may be necessary throughout the term of the lase. IMPROVEMENTS: The County, under separate agreement with its animal control contractor will develop and construct an animal control facility and shelter on the re- located premises at their sole cost and expense. The timeline and specific requirements for the development and construction of the improvements are detailed in Section 9 of the lease. The County will be solely responsible for the demolition, removal and remediation of the existing improvements on the original parcel. FINANCIAL: The County accepts the original and the re- located premises in an as is condition and all improvements will be at the sole cost and expense of the County. Further, before a building permit will be issued as set forth above, the County shall provide a performance guarantee. The County shall warrant that it has the financial capability of completing the project/ Facility as planned without the need to request further funding. JOINT PARTICIPATION AGREEMENT The City and the County entered into a joint participation agreement on May 16, 1978 wherein the County agreed to maintain an animal control program and to enforce animal control ordinances in exchange for the lease of City owned land. The proposed agreement has been updated to be consistent with the terms and conditions of the amended and restated lease agreement as outlined above. Further, the City will agree to cooperate with the County in making such changes to its ordinances that are reasonable and necessary as may be requested by the County to assure reasonable control by the County within the City. CONCLUSION: Staff recognizes the need and importance of the construction of new facilities and supports the re- location of the facilities pursuant to the terms and conditions proposed in the amended and restated lease agreement and joint participation agreement. F C -35 -b JOINT PARTCIPATION AGREEMENT THIS AGREEMENT is entered into this L14111lay of&4t ,2014, between Monroe County, a political subdivision of the State of Florida (hereinafter, the COUNTY) and the CITY of Key West, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter, the CITY). WITNESSETH: WHEREAS, the CITY and the COUNTY entered into a 99 -year lease agreement on December 2&, 1985, whereby the CITY leased property to the COUNTY for use as an animal control facility and the COUNTY agreed to provide animal control enforcement and services in the CITY; and WHEREAS, the parties also entered into a Joint Participation Agreement on May 16, 1978, which outlined the arrangement of the parties at that time; and WHEREAS, the Florida Keys Society for the Prevention of Cruelty to Animals, Inc. (also referred to as "Florida Keys SPCA" or "FKSPCA ") has been the animal control contractor for the COUNTY and has provided animal care and enforcement for Key West and the Lower Key since 1999; and WHEREAS, due to the poor condition of the animal control facility, the Florida Keys SPCA has been raising funds to assist the County in building a new animal shelter and has requested that the parties support this effort by providing an appropriate site location; and WHEREAS, the CITY has agreed to amend the 99 -year lease agreement with the COUNTY to include a site location for a new animal control facility to be built by the County, with the assistance of its animal control contractor, the FKSPCA and used for animal control services and enforcement for Key West and the Lower Keys; and WHEREAS, the parties in conjunction with the amended 99 -year lease wish to enter into a new joint participation agreement to further outline the current obligations of the parties; NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, the parties agree as follows: General Terms and Conditions 1. The CITY currently leases to the COUNTY, the tract of land, together with improvements thereon, which is described on Exhibit A attached hereto and pursuant to the terms as outlined in the 99 -year lease agreement. 2. The CITY proposes to lease to the COUNTY, the tract of land, which is described on Exhibit B attached hereto and pursuant to the terms as outlined in the proposed Amended and Restated 99 -year Lease Agreement. Due to the poor condition of the animal control facilities, it is the intent of the parties that the tract of land described on Schedule A will continue to be used as an animal control facility until a new animal control facility is built by the COUNTY, on the tract of land described on Schedule B. In the event that the County does not operate an animal control facility or animal shelter and its related and associated uses, on the property described on Schedule A or Schedule B , then this agreement shall be null and void and possession of the premises shall revert to the CITY. The COUNTY will have 90 days from the date of the Certificate of Occupancy issuance for the premises located on Schedule B to vacate the premises located on Schedule A. 3. The CITY will cooperate with the COUNTY in making such changes in its ordinance as are reasonable and necessary as requested by the COUNTY to assure reasonable control of all animals within the CITY by the COUNTY. 4. The COUNTY agrees to maintain an animal control program and to enforce animal control ordinances within the City of Key West, Florida, in exchange for lease of land as set forth in the proposed Amended and Restated 99 -year Lease agreement. 5. The parties agree to cooperate and encourage the aid and assistance of the Florida Keys SPCA and its successor in carrying out the objectives and obligations of this contract. 6. The failure of either party hereto to comply with any of its material obligations to the other party as provided for herein shall constitute a default under this Agreement. Upon any such default, the non - defaulting party shall provide to the defaulting party a written Notice of such default, which Notice (a "Default Notice ") shall state in reasonable detail the actions the defaulting party must take to cure the same. The defaulting party shall cure any such default, within 30 days following the date of the Default Notice. This provision does not waive or negate the provisions of paragraph 21 and 22. Notwithstanding the provisions contained in paragraph 6, if any such default by the defaulting party remains uncured at the conclusion of any specified 30 day cure period, and if the nature of the defaulting party's obligations are such that more than 30 days is required to effect cure, then the defaulting party shall not be in default hereunder and the non - defaulting party shall not have the right to exercise its termination rights granted herein as a result of any such default, if the defaulting party commences cure within the applicable cure period and thereafter diligently pursues cure to completion of performance. 8. In the event the defaulting party fails to affect any required cure as provided for herein, the defaulting party shall be deemed to be in uncured default hereunder, and the non- defaulting party shall have the right, but shall not be obligated, upon written Notice to the defaulting party, to terminate this Agreement. 9. To the extent permitted by law and subject to the provisions and monetary limitations of Section 768.28, Florida Statutes, the COUNTY does hereby agrees to defend, indemnify and hold the CITY, its officers, agents, or employees, harmless from and against any and all liability, damages, costs or expenses (including reasonable attorneys' fees, costs, and 2 expenses at both the trial and appellate levels) arising from the acts or omissions of the COUNTY or any third party vendor contracted by the COUNTY in connection with this Agreement. 10. Notices. All notices, requests, demands, elections, consents, approvals and other communications hereunder must be in writing and addressed as follows, or to any other address which either party may designate to the other party by mail: If to County With a copy to: County Administrator Monroe County Historic Gato Building 1100 Simonton Street Key West, Florida 33040 Monroe County Attorney's Office P.O. Box 1026 Key West, Florida 33041 -1026 If to CITY City Manager P.O. Box 1409 Key West, Florida 33041 With a copy to City Attorney P.O. Box 1409 Key West, Florida 33041 Any Notice required by this Agreement to be given or made within a specified period of time, or on or before a date certain, shall be deemed to have been duly given if sent by certified mail, return receipt requested, postage and fees prepaid, hand delivered; or sent by overnight delivery service. 11. Attorneys Fees and Waiver of Jury Trial. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. In the event of any litigation arising out of this Agreement, each party hereby knowingly, irrevocably, voluntarily and intentionally waives its right to trial by jury. 12. Governing Law. 3 C.35.b This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Exclusive venue for any litigation arising out of this Agreement shall be in Monroe County, Florida, Lower Keys Division of the Circuit Court or the Southern District of Florida. This Agreement is not subject to arbitration. 13. Entire Agreement /Modification/Amendment. Subject to the Amended 99 -year lease, this writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 14. Nonassignability. This Agreement shall not be assignable by either party unless such assignment is first approved by both parties. 15. Severability. If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. 16. Independent Contractor The COUNTY and its employees, volunteers, agents, vendors and subcontractors shall be and remain independent contractor and not agents or employees of the CITY with respect to all of the acts and services performed by and under the terms of this Agreement. 17. Non - reliance by non - parties No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the Contractor agree that neither the COUNTY nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in the Agreement 18. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 19. Survival of Provisions. 4 Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 20. Binding effect The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CITY and their respective legal representatives, successors, and assigns. 21. Adjudication of Disputes or Disagreements COUNTY and CITY agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners and CITY. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 22. Cooperation In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CITY agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CITY specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 23. Non - waiver of immunity Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CITY and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 24. Privileges and Immunities All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree V and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 25. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first written above. THE CITY OF KEY WEST, FLORIDA Crai Cate ayo MONROE COUNTY ATTORNEY APPROVED AS TO FORM: CHRISTINE M. LIMBERT- BARROWS ASSISTANT COUNTY ATTORNEY Date 4 � � 4 6 BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA Exhibit "A" Original Premises CL L) as C 4) E N L) CL co Ln C� Lo Lo 0) EI CD 04 cs cs CD 04 z a 0 E M u M EXHIBIT A From the intersection of the centerline of the south land of U.S. Highway No. 1 and the easterly abutment of the Cow Key Channel Bridge go North 71 Degrees 19 Minutes East a distance of 300 feet to a point of intersection with the approximate centerline of County Club Road; thence along said approximate centerline North 19 degrees 51 Minutes West a distance of 330 feet to Point #1.; thence North 39 Degrees 18 Minutes West a distance of 300 feet to Point #2; thence North 30 Degrees 29 Minutes West a distance of 265 feet to Point #3; thence North 03 Degrees 13 Minutes West a distance of 152 feet of Point #4; thence North 20 Degrees 08 Minutes East a distance of 600 feet to Point 45; thence South 69 Degrees 52 Minutes East, 28.8 feet to the Point of Beginning of the parcel of land herein described; thence continue South 69 Degrees 52 Minutes East, along a cyclone fence, 145.7 feet to a point; thence South 30 Degrees 08 Minutes West, along a cyclone fence, 19.1 feet to a point; thence North 83 Degrees 08 Minutes West, along a cyclone fence, 36.7 feet, to a point; thence South 20 Degrees 08 Minutes West, along a cyclone fence, 120.1 feet to a point; thence North 69 Degrees 52 Minutes West, along a cyclone fence, 119.4 feet to a point; thence Northeasterly, along a cyclone fence, 149.2 feet back to the Point of Beginning, that excepting from any land described herein, the building or trailer currently occupied by Billie Cheek, which property shall not be included in this lease agreement. ...... . ................ Exhibit B Relocated Premises as C 0 E N CL CO Ln C� LO LO 0) EI CD 04 cs cs CD 04 z E M u M C.35. b LEGAL DESCRIPTION PARCEL F A parcel of land on and adjacent to Stock Island, Monroe County. Florida: said parcel being a part of the lands described in TIIF Deed No. 19699 (Deed Book G -52 at Page 32 of the Public Records of the said County, TIIF Deed No. 23257 (Official Record Book 269 at Page 51'6 of the said Public Records) and TIIF Deed No. 24067 (Official Record Book 355 at Page 32 of the said Public Records; the said parcel of land lying entirely within the composite of the said TIIF Deeds referred to above: the said parcel lying within Sections 26 and 27. Township 67 South, Range 25 East; and the said parcel of land being described by metes and bounds as follows: COMMENCE at the intersection of the easterly right- of-way line of Junior College Road with the northerly right -of -way line of U.S. Highway # I (State Road #5); thence N 18 "4 I' 18" W for 36.16 feet to a point of curvature of a curve concave to the 5outhwe5t; thence northwesterly on the arc of said curve having a radius of 265.00 feet and a central angle of 35 °06'00' for 162.34 feet to a point of tangency; thence N53 °47' 18" W for 272.56 feet to the point of curvature of a curve concave to the Northeast; thence northwesterly on the arc of said curve having a radius of 361.02 feet and a central angle of 14" 25'40- for 90.91 feet to a point of tangency; thence N39 °21'38" W for 273.51 feet to the point of curvature of a curve concave to the Northeast; thence northwesterly on and northeasterly on the arc of said curve having a radius of 446.85 feet and a central angle of 62 "35'30" for 488.15 feet to a point of tangency; thence N23 E for 1 122.43 feet; thence N45 0 3007" E for 276.04 feet to a point of curvature of a curve concave to the Northwest; thence northeasterly on the arc of said curve having a radius of 3686.55 feet and a central angle of 3 "4331 " for a distance of 239.69 feet; thence N4 I °46'36" E for a distance of 435.66 feet; thence N48" 1 3'24" W for a distance of 15.00 feet; thence N41 "46'36" E fora distance of 253.63 feet to the POINT OF BEGINNING; thence N48 °13'24" W for a distance of 206.71 feet; thence N36 °55'00" E for a distance of 251.34 feet; thence 527 "37'00" E for a distance of 243.58 feet; thence 541 "46'36" W for a distance of 1 64.71 feet back to the POINT OF BEGINNING. Described tract contains 1.02 acres MORE OR LESS. C.35. b Amended and Restated Lease Agreement between The City of Key West, Florida as Landlord and Monroe County, as Tenant Dated ICI I a 0l y Page 1 of 22 C. 35. b This Amended and Restated Lease Agreement is made and entered into in Key West, Monroe County, Florida, this j 0, a day of jgk2014, by and between THE CITY OF KEY WEST, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, whose mailing address is P.O. Box 1409, Key West, Florida, 33041, (hereinafter "LANDLORD "), and Monroe County, a political subdivision of the State of Florida, whose mailing address is 1100 Simonton Street, Key West, Florida 33040, (hereinafter "TENANT"). Whereas, on December 20, 1985, the LANDLORD and TENANT entered into a 99 year lease agreement for a parcel of land more particularly described on Exhibit "A ", which is attached hereto and incorporated by reference, to be utilized for animal control purposes (hereinafter "Original Premises "); and Whereas, the TENANT agrees to maintain an animal control program and enforce the animal control ordinances of the City of Key West in accordance with the Joint Participation Agreement entered into by the parties simultaneously with this Amended and Restated Lease Agreement; and Whereas the LANDLORD and the TENANT now desire to relocate the demised premises referred to in the 99 year lease agreement to the parcel of land more particularly described on Exhibit `B ", which is attached hereto and incorporated by reference (hereinafter the "Relocated Premises "); and Whereas, the TENANT, through its animal control contractor, the Florida Keys Society of Prevention of Cruelty to Animal, Inc., shall construct a new animal control facility and animal shelter on the Relocated Premises (hereinafter the "Facility "). Therefore, in consideration of the covenants and promises contained herein, the parties agree as follows: Page 2 of 22 1. DEMISE The LANDLORD does hereby lease to the TENANT, and the TENANT does hereby lease from the LANDLORD, the Relocated Premises, a parcel of land zoned for light industrial use containing 1.02acres located on College Road, Key West, Florida (hereinafter referred to as "Relocated Premises "), which is more particularly described on Exhibit B, which is attached hereto and incorporated by reference. The LANDLORD shall have unrestricted access and utilization of the fire road located within the Relocated Premises. 2. TERM The term of this Amended and Restated Lease Agreement shall be for a period of ninety nine (99) years commencing retroactively to the 12 day of November, 1985, and ending at midnight on the 11 day of November, 2084. 3. RENT The TENANT agrees to pay to the LANDLORD an annual rent for the Relocated Premises of Ten Dollars ($10.00) per year, which rental amount shall be paid on an annual basis each year of the term of this Amended and Restated Lease Agreement and shall be due on the 12 day of November. 4. USE OF THE PREMISES The TENANT shall be entitled to use the Original Premises and the Relocated Premises for the continuous operation of TENANT'S animal control facility, animal shelter and related and associated uses and for no other purpose. TENANT may enter into an agreement with a third party for the operation of the animal control facility and animal shelter and related and associated uses. In the event the TENANT does not operate the Original Premises or the Relocated Premises as an animal control facility, or in the event the TENANT breaches any of the terms or conditions contained in the Joint Participation Agreement entered into by the parties simultaneously with this Amended and Restated Lease Agreement, this Amended and Restated Lease Agreement shall be cancelled, be of no further force or effect, and possession of the Original Premises and Relocated Premises shall revert to the LANDLORD. In addition, TENANT further agrees: Page 3 of 22 A. Any banners, pennants, search lights, signs, balloons, or similar temporary media on the Original Premises or Relocated Premises must be in accordance with Key West City Code; B. Not to commit waste in the Original Premises or Relocated Premises and to keep the Original Premises and Relocated Premises in a safe, neat, clean and orderly condition and to maintain the Original Premises and Relocated Premises in good condition; C. Not to use the Original Premises or Relocated Premises or permit the same to be used for any residential purpose or permit the same to be used in any manner that violates any law, ordinance, rules, or regulation of the LANDLORD, or other governmental agencies, as existing or promulgated during the term hereof, or in a manner that would constitute a hazardous use of the Original Premises or Relocated Premises or violate any insurance policy of the TENANT or the LANDLORD; D. To take no action that would: (i) violate the LANDLORD's contracts or (ii) cause any work stoppage or cause any manner of interference with LANDLORD; E. To abide by and observe all rules and regulations established from time to time by the LANDLORD and the LANDLORD's insurance carver, F. To obtain and maintain all licenses, permits, and other approvals necessary to conduct the TENANT's business during the Lease term. 5. COVENANT OF QUIET POSSESSION So long as the TENANT pays all of the rent and charges due herein, TENANT shall peaceably and quietly have, hold, and enjoy the Original Premises and Relocated Premises throughout the term of this Amended and Restated Lease Agreement without interference or hindrance by the LANDLORD or LANDLORD's agents. 6. INSURANCE: INDEMNIFICATION. Insurance: At TENANT'S sole cost and expense, TENANT will secure, pay for, and file with the LANDLORD, during the entire Term hereof, an occurrence form commercial general liability policy, covering the Original Premises and Relocated Premises and the operations of TENANT and any person conducting business in, on or about the Original Page 4 of 22 Premises and Relocated Premises in at least the minimum amounts with specification amounts, as may be determined from time to time by LANDLORD, to prevail if greater than minimum amount indicated. Notwithstanding any other provision of this Lease, TENANT shall provide the minimum limits of liability coverage as follows: Commercial General Liability $2,000,000 Aggregate $2,000,000 Products Aggregate $1,000,000 Any One Occurrence $1,000,000 Personal Injury $300,000 Fire Damage/Legal TENANT shall also procure the following insurance coverage: (i) "All risk" property insurance, including theft coverage, written at replacement cost value and a replacement cost endorsement insuring TENANT'S improvements and betterments, fixtures, furnishings, equipment and any other property belonging to TENANT. (ii) Workers compensation coverage as required by the provisions of Florida statute. Any management agreement used by TENANT must provide that the LANDLORD does not have any liability whatsoever for any damage which may occur on the Original Premises or Relocated Premises. The TENANT must provide the LANDLORD with a copy of any management agreement used by TENANT regarding the Relocated Premises. LANDLORD shall not be responsible for damage to any property belonging to TENANT or Tenant's manager. TENANT completely indemnifies the LANDLORD with regard to any claims made by any manager for any reason. From time to time during this Lease, at LANDLORD's request, TENANT shall (i) procure, pay for and keep in full force and effect such other insurance as LANDLORD shall require and (ii) increase the limits of such insurance as LANDLORD may reasonably require. Any general liability or other policy insuring the LANDLORD does not provide any contributing or excess coverage for TENANT. The policies TENANT procures for TENANT'S exposure are the only coverage available to TENANT. Page 5 of 22 C.35.b While the Facility, or any replacement thereof, is in the course of construction, and whenever appropriate while any alterations or renovations are in the course of being made, the aforesaid fire and extended coverage insurance shall be carried by Tenant in builder's risk form written on a completed value basis. TENANT shall furnish an original Certificate of Insurance indicating, and such policy providing coverage, to LANDLORD named as "Additional Insured" on a PRIMARY and NON CONTRIBUTORY basis utilizing an ISO standard endorsement at least as broad as CG 2010 (11/85) or its equivalent, INCLUDING A "Waiver of Subrogation" clause in favor of LANDLORD on all policies. TENANT will maintain the General Liability coverage summarized above with coverage continuing in full force including the "additional insured" endorsement until at least 3 years beyond the termination of this Lease. TENANT'S insurance policies shall be endorsed to give 30 days' written notice to LANDLORD in the event of cancellation or material change, using form CG 02 24, or its equivalent. All policies of insurance required to be carried by TENANT pursuant to this Lease shall be written by responsible insurance companies authorized to do business in Florida with an AM Best rating of A -VI or better. Any such insurance required to be carried by TENANT hereunder may be firrnished by TENANT under any blanket policy carried by it or under a separate policy therefore. Certificates shall be delivered to LANDLORD prior to the commencement of the Term of this Amended and Restated Lease Agreement and, upon renewals, but not less than sixty (60) days prior to the expiration of such coverage. In the event TENANT shall fail to procure such insurance, LANDLORD may, at its option, procure the same for the account of TENANT, and the cost thereof shall be paid to LANDLORD as an additional charge upon receipt by TENANT of bills therefore, together with an administrative fee equal to fifteen (15 %) percent to cover the cost of the LANDLORD's efforts to procure such policy. Certificates of Insurance submitted to LANDLORD will not be accepted without copies of the endorsements being requested. This includes additional insured endorsements, Page 6 of 22 C.35. b cancellation/material change notice endorsements, and waivers of subrogation. Copies of USL&H Act and Jones Act endorsements will also be required if necessary. Indemnification: Subject to 768.28, Florida Statutes, TENANT does hereby agree to indemnify, defend, and save LANDLORD, its respective officers, directors, agents and employees harmless from and against any and all liability for any injury to or death of any person or persons or damage to property (including adjoining property for environmental damage) in any way arising out of or connected with the conditions, use or occupancy of the Original Premises and Relocated Premises, or in any way arising out of the activities of TENANT, its agents, employees, licensees or invitees on the Original Premises and Relocated Premises and/or the building, including reasonable attorney's fees and court costs incurred by LANDLORD in connection therewith, such legal expenses to include costs incurred in establishing the indemnification and other rights agreed to in this Paragraph, excepting, however, only liability caused by LANDLORD's gross negligence in its failure to perform any of LANDLORD's covenants, obligations or agreements of this Lease. Nothing herein is intended to waive the sovereign immunity afforded to LANDLORD pursuant to Florida law, including section 768.28, Florida Statutes. The indemnification obligations under this Section shall not be restricted in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for TENANT under Workers' Compensation acts, disability benefits acts, or other employee benefits acts, and shall extend to and include any actions brought by or in the name of any employee of TENANT or of any third party to whom TENANT may subcontract work. This indemnification shall continue beyond the date of termination of the Agreement. 7. ASSIGNMENT AND HYPOTHECATION This Lease is not transferable or assignable, except as provided by Resolution of the Key West City Commission, whose consent may be withheld for any reason or no reason. The TENANT may not sublet the Relocated Premises or any part thereof. Any assignment, even with the LANDLORD's consent, shall not relieve the TENANT from the obligation to keep and be bound by the agreements of this Lease. The acceptance of Rent from any other person shall not be deemed to be a waiver of any of the agreements of this Lease or to be consent to the assignment for benefit of creditors or by operation of law and shall Page 7 of 22 C.35. b not be effective to transfer any rights to any assignee without prior consent of the LANDLORD. 8. DEFAULT CLAUSE A. It is covenanted and agreed by LANDLORD and TENANT that in case at any time default shall be made in the payment of rent, or in case the TENANT shall fail to keep the required insurance, or shall fail to spend insurance money, as herein provided for, or if the TENANT shall fail to perform any of the covenants of this Lease, including, but not limited to, the provisions pertaining to tenant improvements contained in paragraph 9 herein below, then, in any of such events, TENANT shall be subject to eviction pursuant to Chapter 83, Florida Statutes. B. Or, the LANDLORD may have such other remedies as the law and this instrument afford, and the TENANT covenants and agrees that upon the termination of the demised term, at such election of the LANDLORD, or in any other way, the TENANT will surrender and deliver up the Original Premises and Relocated Premises and property (real and personal) peaceably to the LANDLORD, its agent, or attorneys, immediately upon the termination of the demised term. If the TENANT, its agents, attorneys, or tenants shall hold the Original Premises or Relocated Premises or any part thereof, one (1) day after the same should be surrendered according to the terms of this Lease, it shall be deemed guilty of forcible detainer of the Original Premises or Relocated Premises under the applicable statute and shall be subject to eviction or removal, forcibly or otherwise. C. Where the alleged default consists of some alleged violation of any term of this Lease, other than the payments of money, including rent and insurance premiums, the LANDLORD may not declare this Lease in default until such violation shall have continued for thirty (30) days after the LANDLORD shall have given the TENANT written notice of such violation, and TENANT shall not have undertaken, during this thirty (30) days' notice period, to cure said violation by vigorous and affirmative action, provided, however, that nothing herein contained shall be construed as precluding the LANDLORD from having such remedy as may be and become necessary in order to Page 8 of 22 C�S preserve the LANDLORD'S right and interest of the LANDLORD in the Original Premises and Relocated Premises and in this Lease, even before the expiration of the grace or notice periods provided for in this paragraph, if, under particular circumstances then existing, the allowance of such grace or the giving of such notice would prejudice or endanger the rights and estate of the LANDLORD in this Lease and in the Original Premises or Relocated Premises. With respect to the payment of the insurance premiums, the same must be paid at least thirty (30) days prior to the time when the policies would lapse for the failure to pay premiums thereon, and evidence of such payment given to the LANDLORD without any written notice being required to be served upon the TENANT in connection therewith. D. All default and grace periods shall be deemed to run concurrently and not consecutively. E. It is mutually covenanted and agreed that the various rights, powers, options, elections, privileges, and remedies of the LANDLORD contained in this Lease shall be construed as cumulative and no one of them shall be construed as being exclusive of the other or exclusive of any rights or priorities allowed by law. F. It is further covenanted and agreed by and between the parties hereto that the right given to the LANDLORD in this Lease to collect the rent that may be due under the terms of this Lease by any proceeding under same, or the right to collect any additional rent, money, or payments due under the terms of this Lease by any proceedings under same, or the right given the LANDLORD to enforce any of the terms and provisions of this Lease shall not in any way affect the right of such LANDLORD to declare this Lease void and the terms ended hereby, as herein provided, when default is made in the payment of rent or when default is made by the TENANT in any of the terms and provisions of this Lease. G. If at any time, by reason of the failure of the TENANT to keep and perform any covenant or agreement which, under the terms of this Lease, the TENANT is bound and obligated to keep and perform, it becomes necessary for the LANDLORD to employ an attorney to protect the rights and interests of the LANDLORD in the Original Premises or Relocated Premises or to enforce the Lease or proceed under it in any Page 9 of 22 Particular manner, then in any of such events, the TENANT will owe and will pay unto the LANDLORD all costs of Court and reasonable attorney's fees incurred or expended by the LANDLORD in taking such actions, including actions taken in all trial and appellate courts. 9. TENANT MOROVEMENTS: TENANT agrees to develop and construct an animal control facility and animal shelter (the "Facility ") on the Relocated Premises at TENANT'S sole cost and expense and in accordance with all existing permits, restrictions and any other land use requirements including, but not limited to, the Solid Waste Closure Permit attached hereto as Exhibit "C" and incorporated by reference, and the Ground Water Permit attached hereto as Exhibit "D" and incorporated by reference. Building plans and specifications for the Facility must be approved by the LANDLORD and be in compliance with sustainable standards for government buildings as determined by the Florida Green Building Council. TENANT shall pay all fees applicable to development of the Facility, including, but not limited to, impact fees and permit fees. TENANT agrees that the site plan will be designed to provide an acceptable sound buffer from the adjoining school. TENANT shall not place structures or other improvements in that portion of Parcel F labelled "asphalt" and "dirt road" or the parcel identified as parcel "A" on the survey attached hereto and more particularly described as Exhibit "E ". TENANT shall submit an application for development plan approval of the Facility within 8 months of the approval of this Amended and Restated Lease Agreement. Thereafter, TENANT shall secure issuance of a Planning Board resolution concerning TENANT'S development plan within 150 days following submission of the application for development plan approval. Thereafter, TENANT shall secure issuance of a City Commission resolution concerning TENANT'S development plan within 60 days following the Planning Board's action on the development plan. Thereafter, TENANT shall submit an application for building permits for construction of the improvements authorized under the development plan within 180 days of the effective date of the development plan approval. ( "Effective date of development plan approval" is the date Page 10 of 22 C.35. b of any appeal or DEO challenge to development plan approval is finally determined, and if no such appeal or challenge is filed, 60 days following the rendition of the Commission resolution granting development plan approval). Thereafter, TENANT shall secure issuance of a building permit for construction of the improvements within 90 days after the building permit application is deemed complete by the chief building official. Thereafter, TENANT shall secure the issuance of a certificate of occupancy within 365 days of the issuance of the building permit. Before a building permit will be issued as set forth above, the TENANT shall provide a performance guarantee. The TENANT shall warrant that it has the financial capability to construct and complete the project/the Facility as planned without the need to request further funding. TENANT shall confirm in writing (in the form of bank statements, a signed letter from the bank stating that funds are in the bank for the specified project, documentation provided by a financial institution of a line of credit assigned to the construction of The Facility, and/or a line item budget for the construction and completion of the Facility approved by the Board of County Commissioners of Monroe County that TENANT has the funds in place at the time of issuance of the building permit such to be in a position to construct and complete the Facility. TENANT shall be permitted to occupy the Original Premises for the period ending 90 days from the completion of the construction of the Facility and receipt of a certificate of occupancy. Thereafter, TENANT shall remove all improvements located on the Original Premises and remediate all environmental contamination on the Original Premises within 180 days of vacating the Original Premises. TENANT shall be solely responsible for all costs and expenses associated with the demolition and removal of the existing improvements including, but not limited to, remediation of any environmental contamination. 10. TENANT'S DUTY TO KEEP PREMISES IN GOOD REPAIR The TENANT covenants and agrees with the LANDLORD that while TENANT occupies the Original Premises during the term of this Amended and Restated Lease Agreement, the TENANT will keep in good state of repair, the Original Premises, the Page 11 of 22 C. HVAC equipment, and the fixtures serving the Original Premises, and all furnishings brought or placed upon the Original Premises by the TENANT; nor will the TENANT suffer or permit any strip, waste, or neglect of any such property to be committed; and the TENANT will repair, replace, and re- construct the property as often as it may be necessary in order to keep the property in good repair and condition, at TENANT'S sole cost and expense. Tenant shall only utilize licensed contractors and shall apply for all permits, as required, to complete the necessary repairs. The TENANT covenants and agrees with the LANDLORD that while TENANT occupies the Relocated Premises during the term of this Amended and Restated Lease Agreement, the TENANT will keep in good state of repair, the Relocated Premises, the HVAC equipment, and the fixtures serving the Relocated Premises, and all furnishings brought or placed upon the Relocated Premises by the TENANT; nor will the TENANT suffer or permit any strip, waste, or neglect of any such property to be committed; and the TENANT will repair, replace, and re- construct the property as often as it may be necessary in order to keep the property in good repair and condition, at TENANT'S sole cost and expense. Tenant shall only utilize licensed contractors and shall apply for all permits, as required, to complete the necessary repairs. 11. ADDITIONAL COVENANTS OF THE TENANT A. The TENANT shall pay for all utilities associated with the use of the Original Premises and Relocated Premises including, but not limited to, water, electricity, sewer gas and solid waste. In the event that a separate bill for the Original Premises or Relocated Premises is not available for one or more of the utility services required by the Original Premises or Relocated Premises, then the TENANT shall pay a pro -rated share of that particular utility based on the square footage of the Original Premises or Relocated Premises and/or the parties' estimated usage of that particular utility, calculation of which to be mutually agreed upon. B. The TENANT covenants and agrees with the LANDLORD that no damage or destruction to any building or improvement by fire, windstorm, or any other casualty shall be deemed to entitle the TENANT to surrender possession of the Original Premises or Relocated Premises or to terminate this Lease or to violate any of its Page 12 of 22 F C. 35 . b provisions or to cause any abatement or rebate in the rent then due or thereafter becoming due under the terms hereof, unless otherwise specifically provided for herein. If the Lease is canceled for the TENANT'S default at any time while there remains outstanding any obligation from any insurance company to pay for the damage or any part thereof, then the claim against the insurance company shall, upon the cancellation of the Lease, be deemed immediately to become absolute and unconditional property of the LANDLORD. In the event of destruction of the Premises by casualty or hazard, the LANDLORD will have the option of canceling the Lease. C. The TENANT covenants and agrees with the LANDLORD that nothing in this Lease shall ever be construed as empowering the TENANT to encumber or cause the TENANT to encumber the title or interest of the LANDLORD. D. The TENANT covenants and agrees with the LANDLORD that, at the termination of this Lease, the TENANT will peaceably and quietly deliver unto the LANDLORD, possession of the Original Premises and Relocated Premises and all improvements located thereon, as well as all fixtures thereto provided by LANDLORD. TENANT shall retain ownership and possession of all fixtures, equipment, and other tangible personal property located thereto provided by TENANT or its agents.. E. The TENANT agrees not to make any changes or alterations to the Original Premises without written approval of the LANDLORD. 12. LANDLORD'S RIGHT OF ENTRY The LANDLORD or its agents shall have the right to enter upon the Original Premises and Relocated Premises at all reasonable times to examine the condition and use thereof, provided only that such right shall be exercised in such manner as not to interfere with the TENANT in the conduct of the TENANT's business on the Original Premises or Relocated Premises. 13. FIXTURES, EQUIPMENT AND SIGNS, AND OTHER TANGIBLE PERSONAL PROPERTY All fixtures, equipment, signs, and other tangible personal property used on the Original Premises and Relocated Premises by the TENANT but Page 13 of 22 C.35. b provided by the LANDLORD will at all times be and remain the property of the LANDLORD. All fixtures, equipment signs and other tangible personal property used on the Original Premises and Relocated Premises by the TENANT and provided by the TENANT, or its agents, will at all times be and remain the property of the TENANT, or it agents. Provided that this Lease is in good standing, the TENANT will have the right to remove any equipment, fixtures signs or other tangible personal property provided by the TENANT, or any part thereof, from the Original Premises and Relocated Premises during the term of this Lease, at the expiration thereof, or within a reasonable time thereafter; provided, however, that the TENANT, in so doing, does not cause any irreparable damage to the Original Premises and Relocated Premises; and provided further, that the TENANT shall pay or reimburse the LANDLORD for the reasonable expense of repairing damage caused by such removal. 14. ACCEPTANCE IN AS-IS CONDITION The TENANT accepts the Original Premises and Relocated Premises in an as -is condition and all improvements and additions shall be at the sole expense of the TENANT. 15. NO MECHANIC'S LIENS It is hereby covenanted, stipulated and agreed by and between the parties hereto that there shall, during the demised term, be no mechanic's liens upon any buildings or improvements that may at any time be put upon the Original Premises or Relocated Premises, and that in case of any mechanic's liens the TENANT must pay off the same; and that if default in payment thereof shall continue for thirty (30) days after written notice, LANDLORD shall have the right and privilege, at its option, to pay off the same or any portion of the same, and the amount so paid, including expenses, shall at the option of the LANDLORD, be so much additional rent due from the TENANT at the next rent due after such payment, with interest thereon at the maximum rate allowed by law. Nothing herein shall be construed to admit that a mechanic's lien may be enforced against municipal property. 16. MISCELLANEOUS PROVISIONS It is mutually covenanted and agreed by and between the parties as follows: Page 14 of 22 C.35. b A. That no waiver or a breach of any of the covenants in this Lease contained shall be construed to be a waiver of all succeeding breach of the same covenant. B. That time is of the essence in every particular and particularly where the obligation to pay money is involved. C. That all arrearages in the payment of rent or in the repayment to the LANDLORD of any sums which the LANDLORD may have paid in order to cure a default of the TENANT (as elsewhere herein provided for), shall bear interest from the date when due and payable at the highest rate permitted by law until paid. D. That no modification, release, discharge, or waiver of any provision hereof shall be of any force, effect, or value unless in writing and signed by the persons who are then LANDLORD and TENANT. E. That all covenants, promises, conditions, and obligations contained herein or implied by law, or covenants running with the land, shall attach to and be binding upon the heirs, executors, administrators, successors, legal representatives, and assigns of each of the parties to this Lease. F. That this instrument contains the entire agreement between the parties as of this date, and that the execution hereof has not been induced by either of the parties by representations, promises or understandings not expressed herein, and that there are not collateral agreements, stipulations, promises, or understandings whatsoever between the representative parties in any way touching the subject matter of this instrument which are not expressly contained in this instrument. G. That when either of the parties desire to give notice to the other or others in connection with and according to the terms of this Lease, such notice shall be deemed given when it shall have been deposited in the U.S. Registered or Certified mail with sufficient postage pre -paid thereon to carry it to its addressed destination. The notice shall be addressed as follows: If to Tenant: County Administrator Monroe County Historic Gato Building 1100 Simonton Street Key West, Florida 33040 Page 15 of 22 C.35. b With a copy to: Monroe County Attorney's Office P.O. Box 1026 Key West, Florida 33041 -1026 If to Landlord: City Manager P.O. Box 1409 Key West, Florida 33041 With a copy to: City Attorney P.O. Box 1409 Key West, Florida 33041 When the parties on either side (LANDLORD or TENANT) consist of more than one person, notice or default by one of the persons on that side shall constitute notice or default by all of the persons on that side. H. This Lease and the provisions thereof shall be governed by and construed and enforced in accordance with the laws of the State of Florida; venue for any action regarding this Lease shall be in Monroe County, Florida. IN WITNESS WHEREOF, the parties hereto have caused the foregoing Amended and Restated Lease Agreement to be executed on the day and year first above written. BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA THE CITY OF KEY WEST, FLORIDA BY: A /.V/ EraijCatig, Mayor Page 17 of 22 Exhibit "A" Original Premises i as C 4) E N i c� CL CO i Ln LO cI CD 04 CD cs cs 04 z E u m Page 18 of 22 C.35. b BBBIBIT A From the intersection of the centerline of the south land of U.S. Highway No. 1 and the easterly abutment of the Cow Key Channel Bridge go North 71 Degrees 19 Minutes East a distance of 300 feet to a point of intersection with the approximate centerline of County Club Road; thence along said approximate centerline North 19 degrees 51 Minutes West a distance of 330 feet to Point #1; thence North 39 Degrees 18 Minutes West a distance of 300 feet to Point #2; thence North 30 Degrees 29 Minutes West a distance of 265 feet to Point #3; thence North 03 Degrees 13 Minutes West a distance of 152 feet of Point #4; thence North 20 Degrees 08 Minutes East a distance of 600 feet to Point #5; thence South 69 Degrees 52 Minutes East, 28.8 feet to the Point of Beginning of the parcel of land herein described; thence continue South 69 Degrees 52 Minutes East, along a cyclone fence, 145.7 feet to a point; thence South 30 Degrees 08 Minutes West, along a cyclone fence, 19.1 feet to a point; thence North 83 Degrees 08 Minutes West, along a cyclone fence, 36.7 feet, to a point; thence South 20 Degrees 08 Minutes West, along a cyclone fence, 120.1 feet to a point; thence North 69 Degrees 52 Minutes West, along a cyclone fence, 119.4 feet to a point; thence Northeasterly, along a cyclone fence, 149.2 feet back to the Point of Beginning, that excepting from any land described herein, the building or trailer currently occupied by Billie Cheek, which property shall not be included in this lease agreement. Exhibit B Relocated Premises Page 19 of 22 LEGAL DE5CRIPTION PARCEL F A parcel of land on and adjacent to Stock Island, Monroe County, Florida: said parcel being a part of the lands described in TIIF Deed No. 19699 (Deed Book G -52 at Page 32 of the Public Records of the said County, TIIF Deed No. 23257 (Official Record Book 269 at Page 5 I'6 of the said Public Records) and TIIF Deed No. 24067 (Official Record Book 355 at Page 32 of the said Public Records; the said parcel of land Ding entirely within the composite of the said TIIF Deeds referred to above: the said parcel lying within Sections 26 and 27, Township 67 South, Range 25 East; and the said parcel of land being described by m line o bf Ju nior as follows: COMMENCE at the intersection of the easterly right-of-way College Road with the northerly right -of -way line of U.5. Highway # I (state Road #5); thence N 18 °4 I' l 8" W for 36.16 feet to a point of curvature of a curve concave to the 5outhwest; thence northwesterly on the arc of said curve having a radius of 265.00 feet and a central angle of 35 °06'00" for 1 62.34 feet to a point of tangency; thence N53 °47' 18" W for 272.56 feet to the point of curvature of a curve concave to the Northeast; thence northwesterly on the arc of said curie having a radius of 361.02 feet and a central angle of 14 25' 40" for 90.91 feet to a point of tangency; thence N39 °21'38" W for 273.51 feet to the point of curvature of a curve concave to the Northeast; thence northwesterly on and northeasterly on the arc of said curve having a radius of 446.85 feet and a central angle of 62 11 3630" for 488.15 feet to a point of tangency; thence N23 E for 1 122.43 feet; thence N45 °30'07" E for 276.04 feet to a point of curvature of a curve concave to the Northwest; thence northeasterly on the arc of said curve having a radius of 3686.55 feet and a central angle of 3 °4331" for a distance of 239.69 feet; thence N4 I °4G'3G" E for a distance of 435.66 feet; thence N48° 13 1 24" W for a distance of 15.00 feet; thence N4 I °46'36" E for a distance of 253.63 feet to the POINT OF BEGINNING; thence N48 13'24" W for a distance of 206.71 feet; thence N36 °55'00" E for a distance of 251.34 feet; thence 527 °37'00" E for a distance of 243.58 feet; thence 54 l °4636" W for a distance of l G4.71 feet back to the POINT OF BEGINNING. Described tract contains 1.02 acres MORE OR LE55. Packet Pg. 930 FC, I Exhibit C Solid Waste Closure Permit as E N ca CL CO Ln C� LO LO 0) EI CD 04 cs cs CD 04 z a 0 E U m Page 20 of 22 April 18, 2011 Florida Department of Environmental Protection South District P.O. Box 2549 Fort Myers, FL 33902 -2549 APPENDIX 10 FDEP Concurrence Letter Rick Scott Governor i as �a N i c� CO i Ln City of Key West c/o Jay Gewin, Utilities Manager E- mailed to: i¢ewin ®keywestcity.com 525 Angela Street Key West, Florida 33040 Subject: Site Assessment Flan Approval FDEP Facility ID: WACS 7%36 Former Southernmost Waste -to- Energy Facility 5701 College Road Key West Florida, Monroe County Dear Mr. Gewin: Jennifer Carroll Lt. Governor Herschel T. Vinyard Jr. Secretary The Waste Management Section has reviewed the Interim Remedial Action Report document (IRAR), submitted for the former Southernmost Waste-to- Energy Facility on behalf of the City of Key West, and prepared by CH2M Hill, dated April 1, 2011; along with supplemental information stored in the Florida Department of Environmental Protection (the Department) OCULUS system for the Facility ID: WAGS 79636. The Department recommends that 2 (two) additional monitoring wells be added to the groundwater monitoring plan and placed outside the footprint of the ash transfer building on the the North West and South East side's as indicated on the attached drawing (Attachment n and that Thallium and Arochlor (PCB) be added to the list of monitoring parameters. With the inclusion of the above recommended additional monitoring wells and parameters, the Department finds that the documents submitted are adequate to meet the site assessment requirements of Rule 62- 780.600 Florida Administrative Code (F.A.C.). The Department has determined that the actions proposed in this WAR represent a reasonable strategy toward accomplishing the site assessment objectives of Chapter 62 -780, F.A.C. and are compatible with the City's intended future use, which include plans to relocate their existing downtown Key West Department of Transportation bus maintenance building and facilities (Transit Facility) to the Southernmost Waste -to- Energy (SW M Facility site located at LO LO E1 CD 04 to Ile cs 0 CD c� 04 z a 0 E U M C.35.b City of Key West FDEP Facility ID: WAGS 79636 April 18, 2011 Page 2 of 2 Stock Island. Pursuant to paragraph 62- 780.600, F.A.C, The Department approves the MAR subject to the addition of the recommended groundwater monitoring wells and additional parameters. Groundwater monitoring at this site shall continue for an indefinite period of time, however, should the City of Key West desire to achieve final closure for the site at some future date and pursue a No Further Action (NFA) in accordance with Chapters 62-780-690 and 62-780.700, F.A.C., a subsequent phase of remedial design will be necessary. If you have any question, please feel free to call me at (239) 344 -5658. Whenever possible, please submit written documentation to james.harcourt@de . state.fl.us and include the WAGS ID number in your correspondence. Sincerely, James Harcourt, P.G. II Florida Department of Environmental Protection South District, Waste Management Attachment cc: R. J. Bruner III, P.B. CH2M Hill (via e-mail to bo.bruner ®ch2m.com) Bill Krumbholz (via e-mail to bill.krumbholz ®dep.state.fl.us) Barbara Nevins (via e-mail to Barbara.nevins@dea.state.fl.us) C.35.;b_] Attachment I .... ',. . si gffi, pJ to ..y' i{ ti13 •� �' 1., l � 1� '' i •' � I l .. 1 1 I l S� l S • �. 1 l i• ' 1 1 � / ► q �t - ��• ° r 7 • at � fi r• ' � ,� ,�f � � i • el I.4 =1 c \ X� $0811 � f1 s �6 • ti f _ Y Xto * I fi Exhibit D Ground Water Permit i as C 4) E N i L) CL CO i Ln LO LO El CD 04 cs 0 CD cs 04 z a 0 E U m Page 21 of 22 C.35. b April 18, 2011 Florida Department of Environmental Protection South District P.O. Box 2549 Fort Myers, FL 33902 -2549 City of Key West c/o Jay Gewin, Utilities Manager &mailed to: Jgewin®keywestdiy.com 525 Angela Street Key West, Florida 33040 Subject Site Assessment Flan Approval FDEP Facility ID: WACS 7%36 Former Southernmost Waste -ho- Energy Facility 5701 College Road Key West; Florida, Monroe County Dear Mr. Gewin APPENDIX 10 FDEP Concurrence Letter Rick Scott Governor Jennifer Carroll Li. Governor Herschel T. Vinyard Jr. Secretary The Waste Management Section has reviewed the Interim Remedial Action Report document (IRAR), submitted for the former Southernmost Waste -fio- Energy Facility on behalf of the City of Key West, and prepared by CH2M Hill, dated April 1, 2011; along with supplemental information stored in the Florida Department of Environmental Protection (the Department) OCULUS system for the Facility ID: WACS 79636. The Department recommends that 2 (two) additional monitoring wells be added to the groundwater monitoring plan and placed outside the footprint of the ash transfer building on the the North West and South Fast side's as indicated on the attached drawing (Attachment n and that Thallium and Arochlor (PCB) be added to the list of monitoring parameters. With the inclusion of the above recommended additional monitormg wells and parameters, the Department finds that the documents submitted are adequate to meet the site assessment requirements of Rule 62- 780.600 Florida Administrative Code (F.A.C.). The Department has determined that the actions proposed in this MAR represent a reasonable strategy toward accomplishing the site assessment objectives of Chapter 62 -780, F.A.C. and are compatible with the City's intended future use, which include plans to relocate their existing downtown Key West Department of Transportation bus maintenance building and facilities (Transit Facility) to the Southernmost Waste- to-Energy (SW M Facility site located at i as i U CL CO i Ln 0 LO E1 CD 04 cs 0 CD c� 04 z a 0 U M City of Key West FDEP Facility ID: WAGS 79636 April 18, 2011 Page 2 of 2 Stock Island. Pursuant to paragraph 62- 780.600, F.A.C., The Department approves the IRAR subject to the addition of the recommended groundwater monitoring wells and additional parameters. Groundwater monitoring at this site shall continue for an indefinite period of time, however, should the City of Key West desire to achieve final closure for the site at some future date and pursue a No Further Action (NFA) in accordance with Chapters 62- 780.690 and 62- 780.700, F.A.C, a subsequent phase of remedial design will be necessary. If you have any question, please feel free to call me at (239) 344 -VA& Whenever possible, please submit written documentation to james.harcourt@dep.state.fl.us and include the WACS ID number in your correspondence. Sincerely, James Harcourt, P.G. II Florida Department of Environmental Protection South District, Waste Management Attachment cc: R J. Bruner III, P.E. CH2M Hill (via e-mail to bo.bruner®ch2nn.com) Bill Krumbholz (via e-mail to bill.krumbholzOdep.state.fl.os) Barbara Nevins (via e-mail to barbara.nevirs@dep.state.fl.us) Packet Pg. 937 Attachment I •� 1, . ' �1,. ` 1,� • ti f {i'..y • _ � 1 •J i . ,r s 1 �7rrr 1 � ' : � � i 1 v4�•• � �' 1 P • r : � � , : j i t '' 1 '' , • f I •, f • ' 'IO �{i � • �j , • 1 1. e ..i• i 1, i • �� ( ( I' ,��, ' • �i - r r � i • � � _3' Si y r � c \ Xq4, � L2•�i i i �6 q• 1 Y V 5► r •�• o i d qt M f Y A lft El im C.35.;b_____] APPENDIX 11 Environmental Resource Permit SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVgtONMENTAL RESOURCE STANDARD GENERAL PERMIT NO. 44-00076-S DATE ISSUED:August 23, 2010 Form 60941 OW5 PERMITTEE: CITY OF KEY WEST 604 SIMONTON STREET KEY WEST, FL 33040 PROJECT DESCRIPTION: ModEcation of Permit No. 44- 00076 -5 for the construction and operation of a surface water management system to serve a 3AG acre municipal development known as the City of Key West Public Transportation Facility. PROJECT LOCATION: MONROE COUNTY, SEC 27 TWP 67S RGE 25E PERMIT DURATION: See Special Condition No:1. See attached Rule 40E4.321, Florida Administrable Code. Thb Is to no*y you of go DlsWft -go q ae6on conowM9 Nana of kneM for PemYl App9oollm No. 09M7 -e, dated June 17, 2009. This adiort Is taken pureusrit to Rub 40E -1.903 and Chapter 40E40, Florlde Adminlabo n Code (FAC.). Based on the kwam ation provided. DI 'r ndes have been adhered band an Emircrumnial Rom we General Permit b In effect for his proled suhjsd to: 1. Not real ft a Mod request for a Chapter 120, Florida Statutes. adn*Astralivs hearing. 2. On attached 19 General Cond9brus (See pages: 2 - 4 of 6). 3. the Mched 14 spacial Condiporus (See Pages: 5 - 6 of 6) and 4. Ohs attached 2 8ftWa) Should you d*d to these conditions, please Wier to he suechsd 'NWa of Rights' which addresses the procedures to be followed N you desires public hsarkg or ohm rarlsw of the proposed eparny acam Please eafhtatd tlds omm A you hoe any puestbns oorheerrtirt9 thb matter. If we do not heer from you In accordance with he'Notloe of R19Ma.• wa will assume ihal you conow with to DkbWs adloru. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a 'Notice of Rights' has been mailed to the Permittee (and the persons listed in the attached distribution NO) no later than 5:00 p.m. on this 23rd day of August, 2010, In accordance with Section 120.60(,0, Florida S ut BY: I -1 AnitaAAWn 0. Director - Environmental Resource Permitting Division Palm Beach Service Center Certified mail number 7009 2250 0003 1260 9165 Page 1 do Packet Pg. 939 Appicason No.: 080617-a Page 2 d 8 GENERAL CONDITIONS 1. AY activities authorized by this permit shall be Implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the con for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S. 2. This permit or a copy thereof. complete with all conditions, attadxnents, exhibits, and modifications shall ` be kept at the work site of the permitted activity. The complete perrdt shall be available for review at the work site upon request by District staff. The pmmitbee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permiL 3. ACthrlties approved by this permit shall be conducted in a manner which does not cause violations of State water quality standards. The permittee shall implemott best management practices for erosion and ` pollution Control to prevent vitiation of Stale water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barters shall be Installed and maintained at all locations where the possibility of tmansfe , ng suspended solids into the receiving wderbody exists due to the permitted work. Turbidity barriers shall remain in piece at all locations until constriction Is completed and Boils are stabilized and vegetation has been established. Aq practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Lard Development Manuel; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E- 4.091, FAC. unless a prvjed-epecilliC erosion and sedknent control plan Is approved as part of the permit. Thereafter the permittee shell be responsible for to removal of the barriers. The permittee shall correct arty erosion or shoaling that causes adverse impacts to the water -' resources. 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is Issued At least 48 hours prior to commencement of activity authorized by this permit. the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0860 indicating the actual start date and the expected construction completion date. 5. When the duration of construction will exceed one year, the permittee shall subunit construction status reports to the District on an annual basis uWaing an annual status report form. Status report forms shall be submitted the following June of each year. 6. Within 30 days attar completion of construction of the permitted activity, the permittee shall submit a written statement of completion and certification by a professional engineer or other Individual authorized by law, utilizing the supplied Environmental Resource/Surface Water Management Permit Construction CompletionlCertiticallon Form Number 0881A. or Environmental Resource1Surface Water Management Permit Construction Completion Certification - For Projects Permitted prior to October 3, 1995 Form No. 08818, incorporated by reference In Rode 40E- 1.659, FAC. The statement of completi and certification shall be based on omits observation of construction or review of as-bui and d spedfic the purpose of determining if the work was completed In Compliance with permitted plans This submtael shall serve to notify the Disbid that the system is ready for inspection. Additionally, If deviation from the approved drawings are discovered during the Certificstion process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be dearly shown. The plane must be dearly labeled as "as -buBY' or "record' drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: ur dl the permittee has compiled with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase. Form No. 0920; the District deternines the system to be in compliance with the permitted plane and specifications; and the entity approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for Ermrironmental Resource Permit CL as �a oa E C14� C) CL CO Ln LO LO El CD 04 cs 0 CD cs 04 z a era U CU AppA obm No.: 090617.6 Papa 3 of 6 GENERAL CONDITIONS Applications within the South Florida Water Management District. accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the perm ft becomes effective. Following Inspection and approval of the permtted system by the District, the permittee shall inilfale transfer of the permit to the approved responsible operating entity If different from the permittes. Until the permit is transferred pursuant to Section 40E- 1.6107, F.A.C., the permittee shall be We for compliance with the term of the Permit. S. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the Initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibirity for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction In order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be raw ad in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District. prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entities. Final operation and maintenance documents must -' be received by the District when maintenance and operation of the system Is accepted by the local ' government entity. Failure to submit the appropriate final documents will result in the permittee remaining Noble for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the pemtllee $halt notify the District In writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district auUorizations prior to the start of any activity approved by this pemtL This pemdt does not convey to the permittae or create in the permittee any property right, or any Interest in real properly. nor does N authorize any entrance upon or activities on property ~ Is not owned or controlled by the permittee, or convey any rights or privileges other than those specifed In the permit and Chapter 40E-4 or Chapter 40E -40, F.A.C.. 12. The permittee Is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease. license, easement , or other form of consent authorizing the proposed use. Therefore, the permutes is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. 13. The pemattee must obtain a Water Use permit prior to construction dewaterN, unless the work qualifies for a general permit pursuant to Subsection 40E- 20.302(3). F.A.C., also known as the Wo Notice Rule. 14. The permittee shall fold and save the District harmless from any and all damages. claims. or liabilities which may arlse by reason of the construction, alteration, operation, maintenance. removal, abandonment or use of any system authorized by the permit 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit CL L) as �a �a E C14� Ca CL CO Ln LO El CD 04 cs 0 CD cs 04 �a z a 4) E U M C.35 -b Appkellan No.: 090817.6 Pepe 4 ate GENERAL CONDITIONS application, including plans or other supporting documentation, shell not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S.. provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the reel property on which the pan~ system Is located. M transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E- 1.6105 and 40E- 1.6107, FAC.. The permittee transferring the permit shag remain liable for oorrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. ,,. 17. Upon reasonable notice to the permittee. District authorized staff with proper identlflcatbn shall have permission to enter. inspect. sample and test the system to Insure conformity with the plans and specifications approved by the permit. 16. If historical or archaeological artifacts are disoovered at any time on the project site, the permittee shag immediately notify the appropriate District service center. ' 19. The permilbe shall hmrnediately notify the District In writing of any previously submitted Information that Is later discovered to be kwKwate. r1 �7 Appimeon No.: 090617-0 Pop 5 are SPECIAL CONDITIONS I. The construction phase of this permit shall sore an August 23, 2015. 2. Operation of the surface water management system shall be the responsibility of the permittee- 3. Discharge Facilities: 1-2'W X 2' L drop Inlet with crest at elev. 5.65' NGVD 29. 12' cia. drop inlet with crest at elev. T NGVD 29. Receiving body: Groundwater Table Control alev : 2.5 feet NGVD 29./2.5 FEET NGVD 29 DRY SEASON. 4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. S. Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do not occur to the receiving water. e. The District reserves the right to require that additional water quality treatment methods be Incorporated Into the drainage system if such measures am shown to be necessary. 7. Facilities other then those stated herein shall not be constructed without an approved modification of this pelt. S. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the oerWcstion report. 9. The pem**e shall provide routine maintenance of all of the components of the surface water nwagement system In order to remove all trapped sedimenis/debris. Al materials shall be properly disposed of as required by law. Failure to properly maintain the systern may result In adverse flooding conditions. it ons. 10. If prehistoric or historic artifacts. such as pottery or ceramics. state tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early coW ial or American settlement are encountered at any time within the project site area, the permitted project should cases all activities invoMng subsurface disturbance M the Immediate vicinity of such dlsooveries. The penmlitee, or other designee, should contact the Florida Department of State, Division of Historical Resources, Review and Compliance Section at (850) 245.8333 or (800) 847 -7278, as well as the appropriate permitting agency office. Project activities should not resume without verbal and/or written authorization from the Division of Historical Resources. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, Florida Statutes. 11. The permltlse acknowledges that, pursuant to Rule 40E- 4.101(2). FAC., a notice of Environmental Resource or Surface Water Management Permit may be recorded in the county public records. Pursuant to the specific language of the rule, this notice shall not be considered an encumbrance upon the property. 12. M11 nimum building floor elevation: 12.0 Feet NGVD 13. Stit fence shah be utilized during conetnxxionand shell be installed and property 'trenched" etc. in accordance with Exhibit 2. M areas shall be stabilized and vegetated Immediately after construction to prevent erosion into the wetlands and other surface waters. 14. The permittee shall install a chain link fence around the entire perimeter of the project site, which will r: ,R Appketbn No.: 090617 -e Pops a of e SPECIAL CONDITIONS eliminate or minimize secondary adverse impacts to the mangrove weUands located along the southwest side of the project site. as shown in ExhNA 2. The fence shall be maintained in perpetuity. t � r.� ,w C.35. b t!1 rj :3 SURFACE WATER MANAGEMENT CHAPTER 40E4 (4/94) 40E -4.321 Duration of Permits . :, (1) Unless revoked or otherwise modified pursuant to Rules 40E -4.331 and 40E- 4.441, 'a FA.C., the duration of a surface water management permit issued under this chapter Is as follows: (a) Two years from the date of issuance for Conceptual Approval, unless within that period t� an application for a constriction and operation permit is riled for any portion of the project. Ilan application for a construction and operation permit is fled, then the Conc:epkial Approval remains valid until final action is taken on the application. If the application is granted. then the Conceptual Approval-is �D valid for an additional two years from the date of issuance of the construction and operation permit. Conceptual Approvals which have no applications for construction and operation filed for a period of two years will expire automatically. (b) Five years from the date of issuance for a construction permit. . (c) ` Perpetual,for an operation permit. r (2) The Goveming Board shall issue permit extensions provided that a parmittee ties a written request with the District showing good cause. For tie purpose of this rule, good cause shat mean a set of extenuating circumstances outside of the control of the permittee. Requests for extensions, which shall Include documentation of the extenuating circumstances and how they have delayed this project, wilt not be accepted more than 100 days prior to the expirallon date. (3) For a Conceptual Approval fled concurrently with a development of regional impact (DRI) r � application for development approval (ADA) and a local government comprehensive amendment, the 0 duration of the Conceptual Approval shall be two years from whichever one of me fallowing occurs at the latest dati: (a) the effective date of the local governments comprehenske plan amendment, (b) .tie effective date of the local government development order, or 1c) do date on which the distribt issues the Conceptual Approval. or (d) go latest date of the resolution of any Chapter 120 or other legal appeals. (4) Substantial modifications to Conceptual Approvals will extend the duration of-the .Conceptual Approval for two years from the date of Issuance of the modificalon: For the purposed of this section, the term "substantial modification' shall mean a moiffication which I6 rtasdnably expected to , lead to substantially different water resource or environmental Impacts which require a detailed review. • (1) Modifications to constrt o*m pemhRs Issued pursuant to a formal permit application extend thi duration of the permit for three years from the date of Issuance of tie modification. Construction permit modifications do not extend the duration of a Conceptual Approval. . (6) Permit modifications issued pursuant to subsection 40E•4.331(2)(b), FAC. (letter modifications) do not extend the duration of a permit. spacft mom* 3 F.S, Low Nnplaaented 373.413.373.4 19(11 F.S. Hisic"Ow 9.3.81, AmerAw 1•'1!'1,12 -1- 82, Fo nwty 18144.07(4). Amw4iid 7-1416.4 Packet Pg. 945 !;1 r: 71 NOTICE OF RIGHTS As required by Sections 120.569(1), and 120.60(3), Fla. Stat., following is notice of the opportunities which may be available for administrative hearing or ju" review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights Is not Intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish lo consult an attorney regarding your legal rights. RIGHT TO REQUEST ADMIISSTRATIYE HEARDIG A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or DisMcQ action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of wd len notice of the decision, unless one of the following shorter time periods apply. 1) within 14 days of the notice of consolidated Intent tq grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or 2) within 14 days of service of an Administrative Order pursuant to Subsection !i 373.119(1), Fla Stat 'Receipt of writes notice of agency decision' means receipt of either written notice " through mail, or electronic mail, or posting that the District has or intends b take final agency action, or publication of notice Mal to District has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and falls to file a wren request for hearing within the Vmefrane described above waives the right to request a hewing on that decision. FINN Instructions The Petition must be filed with the Office of the District Clerk of the SFWMD. Flings with the Dot Clerk may be made by mail, hand - delivery or facsimile. Fangs by a -nail wit not be accepted. Any person wishing to receive a clerked copy with the date and time stamped must provide an additional copy. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters In West Palm Beach, Florida. Any document received by the office of the SFWMD Clark after 5:00 p.m. small be filed as of 8.00 a.m. on the ne)d regular business day. Additional firing instructions are as follows; • Filings by mail must be addressed to the Office of the SFWMD Clerk, P.O. Box 24660, West Palm Beach, Florida 33416. • Flings by hand4dvegy must be delivered to the Office of the SFWMD Clerk. Delivery of a pedbon to the SFWWs security desk does not conoft to filing. To ensure proper ling, 8 wM be necessary to request the SFi Kit security officer to contatd the Clerk's office. An employee of the SFWMD's Clerk's office will receive and file the petition. • Fiinngs by facsimile must be transmitted to the SFWMD Clerk's Office at (561) 682.6010. Pursuant to Subsections 28- 106.104(7), (8) and (9), Fla. Adman. Code, a party who files a document by facsimile represents that the original physically signed document will be retained by that partly for the duration of that prooesding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be property filed with the clerk as a result. The filing date for a document fled by facsimile shall be the date the SFWMD (lark receives the complete document. Rev. 071DMM :i r' .r InNatlon of an Administrative Hearing Pursuant to Rules 28- 106201 and 28- 106.301, Fla. Admin. Code, Initiation of an administrative hearing shall be made by written petition to the SFWMD in legible Corm and an 8 and 112 by 11 Inch white paper. �s All petitions shall contain: r:= 1. Identification of the action being contested, including the pemfd number, application number, District file number or any other SFWMD identification number, if Mown. 2. The name, address and telephone number of tie petitioner and peftner's representative, t any. 3. An explanation of how the petitioner's substantial interests Mall be Acted by the agency '� determinatim. 4. A statement of when and how the petitioner received notice of the SFVIMIID's decision. 5. A statement of all disputed issues of material fact. if there are none, the petition must so indicate. 6. A concise statement of the ultimate fads alleged, including the specific fads the petitioner contends warrant reversal or modification of the SFWMD's proposed action. t 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed adios. 8. If disputed issues of material fact exist, the statement must also include an explanation of how the ' alleged facts relate to tine specific rules or statutes. 9. A statement of the refief sought by the petitioner, stating precisely the action the petitioner wishes the SFVVMD to take with respect io the SFWMIYs proposed action. A person may Se a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for IWQ a petition for hearing. Such requests for extension shall contain a cedicate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. tf the District takes aeon with substantially ditierent impacts on water resources from the notice of intended agency decision, the persons who may be strbstant * affected shall have an additional point of entry pursuant to Rule 28- 106.111, Fla. Admin. Code, unless otherwise provided by law. iron The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28. 106.111 and 28- 106.401405, Fla Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time. RMIT M SEB(ARW & REVIEW Pursuant to Sectons 120.6x3) and 12D.68, Fla. Slat. a party who is adversely atfecl ed by feel SFWMD action may seek judicial review of the SFWMD's final decision by tiling a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate strict where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. Rev. 0110112009 2 Packet Pg. 947 ,qrp stafF_reporLu f Last Date For Agency Action: October 4, 2010 GENERAL ENYpM ENTAL RESOURCE PERMIT STAFF REPORT Project Name: City Of Key West Public Transportation Facility Permit No.: 44- 00076 -S Application No.: 090617 -6 Application Type: Environmental Resource (General Permfi Modification) Location: Monroe County, S27IT67S1R26E Permi[tee : City Of Key West Operating Entity: City Of Key West Project Area: 3.86 acres Project Land Use: Govemment Drainage Basin: GULF OF MI7000 " Receiving Body: Groundwater Table Class: WA Special Drainage District: NA Conservation Easement To District: No Sovereign Submerged Lands: No This application Is a request for modification of Permit No. 44.000765 for the construction and operation of a surface water management system to serve a 3.86 acre municipal development known as City of Key West Public Transportation Facility. App.no : 090617-8 Page 1 of a C.35. b ,pgp alai( ropat.ndf PROJECT EVALUATION: The site Is located on the north side of East .carrion College Road and on the south side of the Stock r ' Island landfill, on Stock Island in the City of Key West, Monroe County, as shown on Exhibit 1. 0. The 3.86 acre ed site proj currently contains a City of Key West resource recovery plant and ash transfer station. for which the surface water management system was previously permitted by the District under Permit No. 44- 000765, Application No. 921027 -8. The 3.86 we projed site is part of a larger overall parcel which is owned by the City of Key West, which confaine a portion of the dosed out Stock Island landfill, City of Key West Utilities, the Key West Golf Club, salt marsh and mangrove wetlands, and submerged lands. - No wetlande or other surface waters are located within the 3.86 acre project eke, and no adjacent wetlands or other surface waters located outside of the project site will be adversely affected by the Proper Project. gig MWM 100 0 Maw �3rt J. t The project includes construcft a surface wafer management system that will serve a new public f7 transportation facility for the City of Key West Department of Transportation, as shown on Exhibit 2. The facility will include a 2 - story admlrrlstrative office building. parking. service boys for busm and a bus washing station. The proposed surface water management system will consist of site grading and stormwater Wets that will direct all runoff to a series of brterconneded dry retention areas for water quality treatment. Mbar treabnent, the runoff will be directed to a drainage wall for final disposal. No watlends or other surface waters located adjacent to the project site on the southwest side of the site WE be adversely affected by the proposed project. Specifically, the permittee will install and maintain a chain link fence around the entire perimeter of the project site, which will eliminate or minimb a secondary adverse Impacts to the mangrove wetlands located along the southwest side of the project site, as shown in Exhibit 22r Y ! nd In accordance with the special conditions of th pe ; mat. /�! -- &y q y q{ .�'; I..� .,S f R i *' p1 #Pzt �& ' +wl 8 #d b• i� /�� I3 t'�� .�". «l.rr Y.�.M — �.'� Construction: Project: This Phase Total Project Dry Retention Areas .45 •45 acres Impervious 2.32 2.32 acres Pervious 1.09 1.08 saes Total: 3.86 3.66 JY Discharge Rate: AW.no.: kW06174 Papa 2 d e 018t( report.rdf :L The surface water management system has been designed to retain the volume of runoff from the 25 yearl3 day storm event onsite. Final disposel of the runoff Is to a drainage well. Control Elevation Basin Area Mew WSW Ctri Elsv Mletimd Of (Acres) (ft, NOVD 29) ( ft, NM 29) Dsterndnatlon KW Transport Faa 3.86 2.512.5 2.50 Previously Permitted Receiving Body. Basin Str.# Recehdng Body Kw Transport Fac. Well Box (G Groundwater Table fiiltlfor StruCtures: Note: The units for all the elevation values of atructuroa are (ft, NGVD 29) i Inlets: Basin Str# Count Type Width Length Dia. Crest Elev. ry KW Transport Fac. Wall Box 1 Drainage Well 7 3 (GW 1) KW Transport Fac. WON Box 1 Drop inlet r 2 5.65 aft (GW -1) No adverse water quality impacts are anticipated as a result of the proposed project The awface water management system has been designed to treat a volume of runoff equal to 2.5 inches times the percent Impervious area. The treatment is provided wNhin Interconnected dry relention areas. To ensure that proposed construction activities do not degrade adjacent wetlands and surface waters, the permittee will install and maintain temporary sit fencres around the units of construction In accordance with Exhibit 2 and as stipulated In the special conditions of this panrtit. The temporary erosion control barriers will be Installed prior to and will be removed upon completion of won activities. Basin Treatment Method Vol Req.d Vol (ac-fl) PrcWd KW Transport Fac. Treatment Dry Retention .45 acres 24 .24 The 3.86 acre project site does not contain preferred habitat for wetland-dependent endangered or threatened wildlife spades or species of special concern. No wetland - dependent endengwedittueatened species or species of special concern were observed on -site and submitted Information Indicates that potential use of the site by such species Is minimal. This permit does not relieve the permt1tee from complying with all applicable rules and any other agendas' regmdrements If, in the future, endangeredAhreatened species or species of special concern are App.ra.: 090617.6 Peps 3 d 6 @W slant report.rdf discovered on the project site. Tv - Dom 1. it Is suggested that the permittes retain the services of a Professional Engineer registered In the State of Florida for periodic observation of construction of the surface water management (SWM) system. This will fac ftde the completion of construction completion certification Form !10881 which is required pursuant to i Section 10 of the Basis of Review for Environmental Resource Permit Applications within the South Florida f water Nenagement District, and Rule 40E -4.361(21 Florida Administrative Code (FA.C.). r Pursuant to Chapter 40E4 FAC.. this permit may not be converted from the construction phase to the operation phase until certif>cation of the SWM system Is submitteed to and accepted by time District. Ruie `a 40E- 4.321(7) FAC, states That failure to complete construction of the SWM system and obtain operation phase approval from the District within the permit duration shall require a new permit authorization unless a permit extension Is granted. For SWM systems permitted with an operating entity who is dKerent from the pemnittee, it should be noted that until the permit Is transferred to the operating entity pursuant to Rule 4013- 1.6107, FAC., the permittee Is liable for compliance with the terms of felt permit. The permbee is advised that the eifictency of a SWM system will normally decease over time unless the -' system is periodically maintained. A significant reduction In flow capacity can usually be attributed to partial blockages of the conveyance system. Once 11ow copacHy is compromised, flooding of the project may resuit. Maintenance of the SWM system is required to protect fire public health, safety and the natural resources of to state. Therefore, the permNtes must have periodic inspections of the SWM system pot brtnad to ensure performance for flood protection and water quality purposes. If deficiendas are found, it is the responsibility of the permittes to correct these deficiencies in a timely manner. w # . a. ,. �, -451., ft"" a . The proposed work is not located within and is not anticipated to adversely affect sovereign submerged lands. Appim.: CON17-6 Peps 4 or 6 C.35. b . `Y . e1P_� reA�� :U :3 .w RELATED CONCERNS: `. Potable Weber Supplier. Water Use Permit Status: fA , n_ r�Rio Kew Aweduct uMN7 CL CO Waste Water Sysbemisuppller. The permilbe has Indicated that dewatwing is not required for construction of the project. The perrnlltee o ° 0 has also indicated Ihat landscape Irrigation activities are not proposed as part of the project. a Key West Resort Utilities This perndt does not release the permittee from obtaining all necessary Watar Use aulhorh adon(s) prior �., to the commencement of activities which will require such authorization. including construction dewatering Right -OMMay Permit Status: end irrigation, unless the work quatifles for a No-Nodos Short-Term Dewatering permit pursuard to Chapter 40E- 20.302(3) or is exempt pursuant to Section 40E2.051, FAC. A District %M -o&Wey Permit is not required for this project. CERP: Did Status: The proposed project Is not located within or adjacent to a Comprehensive Everglades Restoration 6 Project oomponent. HlatoriaUArdreological Resources: CD 04 `. Potable Weber Supplier. < fA , n_ r�Rio Kew Aweduct uMN7 CL CO Waste Water Sysbemisuppller. 0 i a Key West Resort Utilities t� Right -OMMay Permit Status: Ln A District %M -o&Wey Permit is not required for this project. Ln Did Status: LO c) This Pm)s t Is not a DRI. HlatoriaUArdreological Resources: CD 04 The Dkrbtct has received correspondence from the Florida Department of State, Dhvlelon of FYstorhal Resources khdkating that the agency has no objections to the Issuance of this permit. This pemnit does not release the pendtiee from ccff*ft oe with any other agencles' requirements In the event #W historical and/or archaeological resources are farad on the site. 0 cs DCAMMA Consistency Rvvlsw: >% The lesoance of this permit constitutes a finding of consistency with the Florida Coastal Management CD ` Program. �a Third Party Interest: z No third party has contacted the District with concerns about this application. E Enforcernent: There has been no enforcement activity associated with this application. < STAFF REVIEW: AM.w.: OW617-6 Psps S d 6 C-35-b . . . . ............. ............... . .... . ..... ... . ...... .............. ipp_sletreport.rdf DNIMON APPROVAL: RESOURCE T.- f.i I.' Berbera J. Conmy SURF ATER MANAGEMENT: Carlos A. do Rojas, P.E. DATE: 400 `I O DATE: 0// d ? App.no.: 0Wel?-6 pop 6afG . •0 t€�I Key West Atlantic Ocean FDOT." Ran MONROE COUNTY, FLORIDA N Legend A Application Map Date: 8/912010 Application Number. 090817-6 Permit Number. 44.01078 -S Project Name: CITY OF KEY WEST PUBLIC TRANSPORTATION FACILITY -- -_ O PROJECT SITE I Exhibit: 1, Page 1 of 1 Exhibit E Survey i as C 0 E N i c� CL CO i Ln LO LO El CD 04 cs 0 CD cs 04 z a 0 E U m Page 22 of 22 C.35. b Da i I /, e 4 a 9 " pli 2.b E at J nt��E 11 nA n t i t g�� pit E i I ��As,t =� •41Ea 19MR =• - gg 9 Egtn E %1 1�9� Y f'n i f a ��iE ^ Opt, ;� � � �[i a $a� "� !Itl Qi y _ 9 4Y�QB � E• - r �� s� a A�E�g :a� �� ffAlf =7 $� #�a �; � n s EFe �at• : i a E a fri An EE E L E 5 Y i Sl J V � Y I � Y a y eV A ya Y; R9 yy � r� X rn �` tto lAe is I e * sea* l 70 n rn r D a 4� �x _ � S �+ 8 I REVOCABLE LICENSE AGREEMENT FOR USE OF CITY PROPERTY This License Agreement is made this day of , 20 by and between the City of Key West, Florida, a municipal corporation, whose mailing address is P.O. Box 1409, Key West, Florida, 33041 (hereinafter "Licensor ") and Monroe County, a political subdivision of the State of Florida whose mailing address 1100 Simonton Street, Key West, Florida, 33040 (hereinafter "Licensee "). WPTNESSETH: WHEREAS, Licensee has requested the limited use of the parcel of land adjoining the re- located premises of the animal control facility for the purposes of exercising animals pursuant to the normal conduct of business; and WHEREAS, Licensor owns the property, hereinafter referred to as the Licensed Parcel; and WHEREAS, pursuant to section 2 -939 of the Key West Code of Ordinances, Licensor may grant Licensee and its agents, a revocable license to use Licensor's property. NOW, THEREFORE, the parties agree as follows: 1. For the period beginning with the occupancy of the Re- located Premises in accordance with the Amended and Restated Lease Agreement between the City of Key West and Monroe County dated 2014, the Licensor hereby grants to the Licensee a revocable and non - assignable license to enter in, on, over, and across the land described on Exhibit "A ", which is attached hereto and incorporated by reference (hereinafter the "Licensed Parcel "), for use by the Licensee, its agents, its contractor, its representatives, employees, and contractor's working volunteers for the purpose of exercising the animals in the conduct of its business, reserving, however, to the Licensor, its successors and assigns, all such right, title, interest and privilege as may 1 be used and enjoyed without interfering with or abridging the rights and right -of -entry hereby acquired. 2. Licensee shall not be permitted to make any improvements, construct any cages, or utilize the parcel for special events or any other purpose. Licensee shall not penetrate the soils or permit the same by the animals. Licensee shall take all measures necessary to strictly enforce NO SMOKING on this parcel and to abide by all existing and any future permits, restrictions and any other land use requirements. All animals must remain on leash and under the control of the Licensee at all times. 3. In consideration for the grant of license in paragraph 1 herein above, Licensee herein expressly agrees to be solely responsible for all costs of any nature whatsoever associated with utilization of the Licensed Parcel by the Licensee. 4. If any action of the Licensee's employees or agents in the exercise of this License results in damage to the property, the Licensee will immediately repair such damage in a manner acceptable to the Licensor. In no event shall such repair or settlement exceed the fair market value of the fee title to the real property at the time immediately preceding such damage. 5. This License is personal to Licensee and may not be assigned or transferred, but allow use by Licensee's employees, its agents, its contractors, representatives or contractor's working volunteers. Licensor shall have the right to terminate this License with or without cause upon ninety (90) days written notice to Licensee. 6. At Licensee's sole cost and expense, Licensee will secure, pay for, and file with the Licensor, during the entire Tenn hereof, an occurrence form commercial general liability policy, covering the Licensed Parcel and the operations of Licensee and any person conducting business in, on or about the Licensed Parcel in at least the minimum amounts with specification amounts, as may be determined from time to time by Licensor, to prevail if greater than minimum amount indicated. Notwithstanding any other provision of this 2 License Agreement, Licensee shall provide the minimum limits of liability coverage as follows Commercial General Liability $2,000,000 Aggregate $2,000,000 Products Aggregate $1,000,000 Any One Occurrence $1,000,000 Personal Injury $300,000 Fire Damage/Legal Licensee shall also procure the following insurance coverage: (i) "All risk" property insurance, including theft coverage, written at replacement cost value and a replacement cost endorsement insuring Licensee's improvements and betterments, fixtures, furnishings, equipment and any other property belonging to Licensee. (ii) Workers compensation coverage as required by the provisions of Florida Statutes. Any management agreement used by Licensee must provide that the Licensor does not have any liability whatsoever for any damage which may occur on the Licensed Parcel. The Licensee must provide the Licensor with a copy of any management agreement used by Licensee regarding the Licensed Parcel. Licensor shall not be responsible for damage to any property belonging to Licensee or Licensee's manager. Subject to 768.28, Florida Statutes, Licensee indemnifies the Licensor with regard to any claims made by any manager for any reason. From time to time during this License Agreement, at Licensor's request, Licensee shall (i) procure, pay for and keep in full force and effect such other insurance as Licensor shall require and (ii) increase the limits of such insurance as Licensor may reasonably require. Any general liability or other policy insuring the Licensor does not provide any contributing or excess coverage for Licensee. The policies Licensee procures for Licensee's exposure are the only coverage available to Licensee. Licensee shall furnish an original Certificate of Insurance indicating, and such policy providing coverage, to Licensor named as "Additional Insured" on a PRIMARY and NON CONTRIBUTORY basis utilizing an ISO standard endorsement at least as broad as CG 2010 (11/85) or its equivalent, INCLUDING A "Waiver of Subrogation" clause in favor of Licensor on all policies. Licensee will maintain the General Liability coverage summarized K above with coverage continuing in full force including the "additional insured" endorsement until at least 3 years beyond the termination of this License Agreement. Licensee's insurance policies shall be endorsed to give 30 days' written notice to Licensor in the event of cancellation or material change, using form CG 02 24, or its equivalent. All policies of insurance required to be carried by Licensee pursuant to this License Agreement shall be written by responsible insurance companies authorized to do business in Florida with an AM Best rating of A -VI or better. Any such insurance required to be carried by Licensee hereunder may be furnished by Licensee under any blanket policy carried by it or under a separate policy therefore. Certificates shall be delivered to Licensor prior to the commencement of the Term of this License Agreement and, upon renewals, but not less than sixty (60) days prior to the expiration of such coverage. In the event Licensee shall fail to procure such insurance, Licensor may, at its option, procure the same for the account of Licensee, and the cost thereof shall be paid to Licensor as an additional charge upon receipt by Licensee of bills therefore, together with an administrative fee equal to fifteen (15%) percent to cover the cost of the Licensor's efforts to procure such policy. Certificates of Insurance submitted to Licensor will not be accepted without copies of the endorsements being requested. This includes additional .insured endorsements, cancellation/material change notice endorsements, and waivers of subrogation. Copies of USL&H Act and Jones Act endorsements will also be required if necessary. 7. Subject to 768.28, Florida Statutes, Licensee does hereby agree to indemnify, defend, and save Licensor, its respective officers, directors, agents and employees harmless from and against any and all liability for any injury to or death of any person or persons or damage to property in any way arising out of or connected with the conditions, use of the Licensed Parcel, or in any way arising out of the activities of Licensee, its agents, employees, licensees or invitees on the Licensed Parcel, including reasonable attorney's fees and court costs incurred by Licensor in connection therewith, such legal expenses to include costs incurred in establishing the indemnification and other rights agreed to in this Paragraph, excepting, however, only liability caused by Licensor's gross negligence in its failure to perform any of Licensor's obligations or agreements of this License Agreement. Nothing herein is intended 4 to waive the sovereign immunity afforded to Licensor pursuant to Florida law, including section 768.28, Florida Statutes. The indemnification obligations under this section shall not be restricted in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Licensee under Workers' Compensation acts, disability benefits acts, or other employee benefits acts, and shall extend to and include any actions brought by or in the name of any employee of Licensee or of any third party to whom Licensee may subcontract work. This indemnification shall continue beyond the date of termination of the Agreement. 8. The property can be used for the intended use as stated herein, but Licensor does not warrant or represent that the property is safe or suitable for the purpose for which Licensee is permitted to use it, and Licensee assumes all risks in its use. 9. Licensee shall pay to Licensor an annual fee of Two Hundred and No /100 Dollars ($200.00). Payment shall be made to the Licensor's Finance Department on each anniversary date of this License. 10. This License Agreement shall be recorded in the official public records of the City of Key West, Monroe County, Florida at the expense of Licensee. IN WITNESS WHEREOF, the parties have executed this License Agreement on the date above written. ATTEST: Cheryl Smith, City Clerk LICENSOR: CITY OF KEY WEST, FLORIDA By: Craig Cates, Mayor 5 Licensee: BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA ATTEST: Amy Heavilin, Clerk By: By: Deputy Clerk Mayor MONROE COUNTY ATTORNEY APPROVED AS TO FORM: CHRISTINE M. LIMBERT- BARROWS ASSISTANT COUNTY ATTORNEY Date „�� ,�•`� 11 �� ---- [A1 DESCRIPTION OF PARCEL LICENSED HEREIN i as C14 i c� i N 04 cs 0 cs 04 z E c� LEr,A . OCbC:RIPT10Nt PARCEL A A parcel of lad an and SA. cm to Stock ;shed, Marva C404Y. Flmldi= astd parcel ba"ag a }art d the lands deacrba in TIIF Oaed No. 19M 0)W4 ;look G S2 at Page 32 of this PuftUc Iteconds d this said Cov'*' 7111" Dead No. 23257 (Olhorl Record bole 269 at Page S t G of the said MIOa Records) and TW Dow No. 24OC7 (ORrcol Record book 355 at Page 32 of this 0041 Public Records; the $ad fIN'tAl of fated 110"" a>rtg* within the cempo"4 of the sad TIIP Dosch mictred w shore+ the sad mewl tfp" mum 5eetwnen 2C and 27, Tow ow 67 South. Range 25 East: and the rind Psr041 Of Will V" elwraabad by mtltds asst be"00 as lallowwh COMMENCE at the rntaesacbm or the aatatbt r1#% 04 yr heb Of Aftw Coikgo Read with the nurMrsrfyt m t -d-wyr We of U.S. f fqhwy r 1 of" Rprd Oft theme on steel earthy; e*k-d vey We OF sad J~ College Road fir to folfowry saran M coursasa (1) thence N 184 I' 18' W for 3G. I C bet to a pant of curvature of a arcalar rive caraive to the 9outwws14 t2) thaw n mbwmsteb' on the arc of sad curve ►rvvg ■ radius of 265.00 feet and a c8nbaf ah fe d 35"OCiW for I E2.34 leaf to the paint of tar►Senan (8) Womfoa N s3.47*I e' W for 272.50 bat to Dw roml; of amratu►s of s arcaAar while 00114" to the Northeast, (4) thehos oWtfawestaf)0 an the ac of sad area huwe5 a radius of 3G t.02 fact and a central enillin d 14 . 28' 40' fee sae 1 feet Io the Poet of trtr wW. (5) f W46 N 39'21'38' W for 273.51 feat to the pent of hwvakua of a amsrbr curve: cancava to Um Northeast; (C) theme norlhwasatevfy on and nrrrtlhmat id sry on s are of said on" having a radius of 444.85 lint and s central ands of 628530' fa' 488.1 s last tea Foust of t'h5a+h . m thieve N 23r I YS2' E for 1122.43 fed: thence N 45'3007' i! for 106.37 leat to the PANT OF bEGINNING of the heranattsr desonbad parcel; therm N 27 Wmt for a Mtanea of 1372.29 f4ah, theme North 02'23' East for a distance of 1 225.00 lest: thews South 27'37' peat for a dhstarce of 915.62 feat to the southeasterly boundary bra of the bob Aerated on Official Record book 867 at Page 1449 of the Pubk ;earnests of baorhr oe C.owry Pbdaf things 5" 41-44 Waist on the Southeasterly boundary bas of the lands dascnbad on the and Official book OC7 fw a distance of 20.65 fed to the Nortlwbstrty baadary WAS OF am Wads described in Official book 860 at 1964 d the sad Public Records, thrice on the Northwesterly boundary fine, of the IaW, lost*" in the said Ofuoal Retorsf book 880 on the logo" but (5) gerasea (1) continve South 41 4030' Wimt for a d itanoa d 438.20 feat; (2) then South 48' 1320 East far a dtUnte of 15.00 foot; (3) thanes south 41 V West for a abalones of 435.66 fast to the begvasny of a acre beat' cono a to the Northwest and haaag s radius of 3680.55 leak: (4) therrcs 9oulhwestaAy on the sad came for an sic atatanca of 239.69 fast: (5) there South 458007' West for a abstanhce of 147.97 fed back to His post of beyntang, I.!9B the fdb" er (G) parodw. PAR= B A Parcel of tad on aid sdpeaht to StOd Wiand. l4oaos Cawaty, florists: "W pered bang a part of the fan" cur- 0 71? aaad lto. f ®688 ( Drawl book 0•52 k Pegs 32 of the hww Regard® d the: said County. Tiff Dead No. 23257 (Olhant Record book 299 at Pye 5 ► G Of the said f4>#A geocrew ofd Tiff' DOOM N!*. 240V (016"1 Record booth 35$ at Page 32 of the and Potsc Raaoands; Ift sad OWCd Of lrsd wntrin the rarapo "of that sad TIN' Doc0a reforrdd to sboeat the said peed lS'" wtrn Saicbonu 26 and 27. T67 South. R95 Past: and the said parcel of lend beep 4040* %W fly aabas and board Ofd 101110010 COMMEf4M at the vntersedwn d the eastmy right- of-way 1ma of .prior C~ Ro+a Sath th* mcrbwN ^110" Awy Mrs d u.s. N R f (Brats feud 115E Macs fast a f' f es' W fir 3G.1 G fed to a point d eervahhro d a curve comahrs to gets 3outlhwsat; them na th tlfwastis* an e are d said Q 44Is" a radee d 260.00 lid lest a 0 ahr}c Of 3OV6400 fir 162.74 Mel to a pant at anyanoy. theme N53'147' I & W for 272.54 fret to thin plant s10XVIAWrs Of chews Donn aue to the kwom awl thmsce northwoatirly an the ant d said gums fnvsg a radius d 36 1.02 fete AW a central ands of 14' 25' 40 for 90.!! i fast to a Rost Of tanoow, theow N39'. -, 1'30 W for 573.51 fast to the Part of curvature of a curve aoncava to tits Northeast, tha %& ahrmHww vny an aid aw dwmtrty an 04 art. 14 wed w"a b" s rsdws o f 446.85 tad and a catnwl ands d 029530' for 488.15 feet to a Pont at tm% PW,, theme N2V 1352' ! for 1122.43 Esau, Hangs N4$%O)Dr !for 279.04 lest to a point of aewhs+e of a c rm aonore to the Ncc vesk: thecae rim"re A"V on rho we of sod aw" s rodwu of 3t.8G.55 fed and a as" an& of 29230' for s dwtante of 103.53 fast to the POINT OF aCGINNING of the hwaukw isow sd Prod 8, thence Nw4l►43' W for a distance of 22x84 feet to a pant d cumeturs d a curve eareve to the Southeast: allege on the arc d sad carve k "eg a rndws of 40.00 teat NW a cant►al tads of 89'23 fir 62.41 last to a point of tonfanayc thacs N42'38 f 3' E lir a da bnccs of 127.551aat tvahos 5411'; 3'2+1' f far a dskabcs d 238,07 Katy tlenas 54 I'4G3r: W for a drtare Of 97.29 fed to s point Of aaveth ro of a carve ecrhcyva to t hs Northe set* tunas sowtrAaastwy an the ire of said curve hFlrlq a radva of 3C6C.55 fast and a Central arhgte of 1' 11 for a abatancs d 7G.1 G feet badh to the POINT OF BECaIf?ateff:. Cantu" 43,b10 sy 10. / 1.01 +easel. PARCEL C A parcel of brW on and aQpcerht to Stack Island, Mow" County, McrWfp and pared busy a pat of the lend* described in TOP Dead No. I SM (Deed book G-52 at Page 32 of an ruse aaearde of the said County. TIIF Dead No. 28257 (Official Record book 2G9 at Pays S I G of tw sad Public Records) ad TOP Deed No. 24007 (01fuzA Record boots 355 at Pugs 32 of the said P lft Rewards. this end "d IoM 1p" aftaretyr wow the aanya s" of the sad TW Ossds rrfavwd to s1nom; thin said Demo he" wow Sections 24 and 27. T67 Swtlk. R2s CasU and No aid parer of land bang dsa0*0 by mien rind bound. as Ictohhsr COMMENCE at the ehkm10iiii*" d this casberM pea of Jmdw CafeW Road whale the nw ow* ^dill a7* swy leis of U.S. rb#fwsy 4l fStaftXNAW 05). tlharhoe K 1804 t' I8' W br 90.14 teat to a point of ce vatero of a rive screw to thin SoAlwook theme n*rl4lwastasy on the arc of said curve Mining a fadann *1265.00 tact and a oarow angle of 36'OGW for 142.34 feet 9* 4 Dowse of tang0W, shehce #r5347*18 W for 272.56 fwd to taw rant d riveters of a cuva eerem to the Northeset: thong* aortrrrastaMy an tea arc of fwd corvo;having a nnd+o of 3G 1.02 Use add a central arras of 14 2!1 40' for 90.91 fed to a pant of tanyanoy: theme N30'2138' W for 273.5 f fed to the point Of swains Of a curve concave t* the Northeast: then" nortlpestery on and northeasterly on the arc of wet curve hahmg a raduss of 446.85 fed and a central ogle of 62 for 488.15 led to a pant d to g&W. thanes N23' 1 3'32' E for 1122.43 Ipt: there N45900r E for 270.04 feet to a pod of anotarc of a curve concave to the Northwest; tlh 'northeasterly an Ho are of sand curve having a rides of 3GDG.55 feet and a car" anal. of 3'43'31' for a 00"r4a d +'t39.G i last: thence 1141 E for a dint new of 97.29 fwd to the POINT OP EEGINNMG of the berembe' dw o set Pwcd G: thane NW 13'24 W fa s 40bilmr of 258.97 test: tha a N42r31'J 13' E for s dhrtanee d 1 72.77 fowl; thence 348' 13'24• E for a Askance 91 249.02 bet; thence 3414033 W for a alwUnce of 172.50 fast Nick to the POINT OF !!GINNING. Containing 43,769 s1. h. / 141 awes. PARCI I.O A Parcel of Ind an and adpient to Stock hind. Monroe County, Honda: sad pared bang a pat or the lands deswdued in TW Dead No. I SG" (Dead Boole G.i' 2 at Page 32 of the Pbbc Records of the sad Comity, Tiff- Dead No. 23257 (Official Regard book 2G9 at Page S 1 G OF the said Pubes Raccrda) mW Tiff Dead No. 24047 (Official RecorA book 355 at Pegs 32 d the said Pullin Records; the and perrel of land lying "rely witch t s composts of the sad Tllf Deeds 'dared to aboveu the sad pwod M^5 w Sections 24 ad 27. TG7 South, K25 Est; and the sad rsrcd OF lard berg desahbad by ides and bands as kYows: COMMENCE at the antarsaction of the wtery ndnGo"wy be of Jna w Celsge Road with the northerly n#*-* way line of U.S. Kk J'w'd' I1 (5taks Road e,5): thanwa N 18 i' 1 W fir 36. I G Feet to a post of anyahhre d ve a au conccove to the Swthwm w t; thence nortmterly on the arc d said curve having a radars d 295.00 feet and a central argk d 35'OCW fir 162.34 Nod to a pant of twujme)r thence M53 C W far 272.56 Iset to the print at c of a curve ennreus to this Northeast there nortnvsrtery on fhs are of sad curve hawy a radw of 36 1.02 feet and a central aegis of 14' 25' 40' for 90.91 feat to a paint of tarysnloy: thence N39'2 I'3C w far 273.51 fad to the pant of cwYabom of a curve concave to the Northeast; thence northwesterly on and wrthwaleAy on the we Of said curve Mnry a radus of 446.85 feat and a eantrsl aryls of C2 for 488.15 Ned to a pant of ft"~. Grebe N23.18'52• E for I 1 22.43 fart; thence 4458007' E for 276.04 fed to a pant of tureshurs of a cure concave to the Northwest; thence nont us" on the are of said rive haafg a nadus Of 3686.55 led aid a 40" ahgls of 3 I' for a distance d 239.69 fast: thence N41 WIG" E for a distance of 269.79 hat to the FONT Of DININWNG d the hhWdmk r daewbad Parcel th thence N4 W 13'24' W for a dhataiws d 249.02 Neat; thanes N42'3& 13' E for a alste nce of 15.71 test to the pant of gnwhAturs of a ems corram 110 the 5avftm*; aw1w nhaehmsthny on the me of wet curve hmrq a redws of 300.00 lid ad a central 0 4 0 d 23 for 1 25.26 teak to a part of tangewy; tone NG8'544W ! for a distance d 69.99 fewer thence 348' 13'24' E for* distance of 1 00.71 ;set; menus 341 W for a Mtahe of 32.13 feat; thanes 948' 13'24' E for a distance of 15.00 wet, thence 341'4936' W far s distance of 195.87 lost back to ft POINT OF DMINNING, Cents" 44.227 s4. k. / 1.02 acres. . CL L) I as rl} 0a C14 C,) IL I tr7 LO LO E CD 04 C} O CD C} 04 0e, z r- 0 E U PARCtI E 090 3$ d the pLAk: ady rA% b Stack �riea 04rm Mm Z anaea: a" aVrctd s f d fire W& dwsscnbed m xfiP Qeep hb t 9698 goads G y2 K 90 Re[aw eat rho sAwd Ntre al oo b Book 20,9 at (ONecyd Recad Bcr�t 2H9 .t P* �8 at tlse sr d PAtakT dA, she srd Pawed W Ynd lyge a�aey r of Mks sw rWkc Ad"'ft).ati'Mr Deitb + -24067 "M -A pawed fYm9 rs SecsmoAa 26 and 27, xawnaMp C7 9wlh. 25 W4 . 4aa -m * - d toad � of Ow sled TV Qeede radenrd to abava: N 1 dt� W at thd far 3C. t 1WSt8 of Ow esw" A � 6ne d JAewer Cate" Robe with tlFe �B dmenbcd by waweke #rwd bavads as klavre: ft1K + ► a ca+wtral d P*nt at vxvoWm a a COM cu+C+ra to the lharra� lee 09 u.S. " # I gmate Road RS); ax„co the Norineast; H+Ca" 3 o ar f 62,34 feet to a a on tdta arc d sent t#sya # ad.we d 203.00 an Nra are at saw carve tlwaerna NS3.4 ri # C W far 272.30 feet to the Paawt a evvsWra d a arrve w b tf+enaC Iki9'2 i 3a' W dot 273.51 wawa 'hg Me of ndw to the N �aeE ttwe d I4 25' 4� fa► 90.91 #cat to a heart or taffeal y Doors h a""y a rrdsw d A4C.a5 teat snd # CawlGnfl dra ai a eww N45'30TIT t W 27 d 4 6.6 to s W.* d 9218 ktr 4 aa, t 5 feat to. d an awW an the ens d saw teat and # udtr#I a d as t # •IPA d r vnaturo OF a arroe raacnwe to the ftoruwwut da�a LOP prto� 'tiGnca k23 L for f 122 43 #eat; unroce Fast tha�A r.41 t tar wda tams a E39 C9 teat: th.wos tW I M V c for # ds4rwce o1�435 CC rho m d sad *xw ft" a rA4to a 3QK.5s # de+<AeKa d 32.13 ice{ to eft MT Or prGUVN#NG d t #u h wew wR p lent; tkwowas N41Y 13'24` W for # d lance of ! 3.00 Ie/t +a+anaa NCO'S57t ! ` !• fGe A. datanae pl 20,47 if8at to t1a raw! arw A wave aanaaye &+ tW did P&V'W 1~ OW41F N4a'13'24' W W,# akat>!1ca ad of ! 23.+0X6 leas: mare �y or the aen d sow ewve hlventj .chord D N3I'49 # f a .t.t>� N3g'd C 29' t for # drotanca d 79,13 fast, aronce 546'13'240 f w a d d 166.56 led: pyece 54 # tC"JC' W Faa• a PQRT OF awww"G. � a sites 1'40` tar f 27.48 laoc to a ok- b tlto oaao�dad trot wwetauea o.ad aa+ea k OR st53, das+nca a 22 t.4a t'sxt; twspe ro the rARCEI, r A f as laed as and adproa to 5t4k* Iwraad, kAoaMUa W tar a thon a for P 32 Gavnty, riossde: a#ad agGa# Of the P Racards eat dto gad Caanhy. Tstr Dood ND 23257 (OM MA � a � d '�° jes""d at TV O d No. 1900 (Dead Ewak G-IF2 at 4M" Rae�oM evol' 355 At PsWd'3,2 of tha and P,"c goo tledY the rd RO� &onh 269 At r&V 1 E d the saved �a tw "O"A r M"4 %Wm 5aaham 2C And 27, r P+rrd of tAwv/ fy ng NallAn den R°°OA M and f W Oaacd o 2,40 d tl a east asmefwrp C7 South, Rsn� 2g lJSe; aeW the end �e a th by p TIM F30eads ratans <st COMMOtM At the obwo hm N 16 1 I t 8' W kr 30.1 C Feet to A erg "fit °t' Y bee of Jw r Cause Rued aeth the "40 Ms* a A I A and bowie ae teat and a cmdrAl Pant of wwvatwc of A PAW amce4C to tho soothvvA thence T^ �l I �tAta Raid 1st; tt oa the Northaaad; M " a 3� hx ! 62. 34 red to a PawK d ttuu�anoy ehawes ►ss9`4 # er W tar aed awe haany s esd�ae d 209.00 �!y an the Arc of eAW Ox " h ww9 A sedan d 391.02 t a *xvatrre d y akw cawlCava the N39. M A w f 4 C.aa i # tact to the d cvrvatwa a s Beet o* a �eetrsvi a,yb of # 4. 2 40' for 90.91 bat prautt d taeflenc k" A radwa a A4C.83 Fcat And s ce+wAnd s aarteevC w Hr NvclAesot. th to s a+ca na tMVO,t,Pr� q„ ,nd ma" E far 270.04 fast to a Pawwt a cunywr d� '3 ao a to t B feet to A Pawrk a tas(tenty; thane N23' 18'S2` 1122.43 fps pt t enet aerronl wee a 3431 !' lots dwtsnoC d 238.69 IoaaP'fwtea a4 t a463�C' a ff +�ry� the VC of sad cave feet, thaewoe N4 ►•AC3C' E for a A tame d 253.03 fast to tiro PC Wr 0r BEGM Mtn. a r�#wtr d 3080.39 w do tenses d 2S t .34 tsar tMewaa fherkua fMtY 1374' W far # d at.nce d 206 7 H 24 far • dwtence a t 500 f 1,0 0' E Arr a 'hstrnaa a 243.56 hut; rss S dattanCe q f 04.7 / ieaE bad S SM, 2 far NNIh1ti, QasCnbed tract rrwb 1.f12 noose i+tC?R[OR tE9$. PAR= G A Pawl of land on #ad ad}aemyt to Stoat Wand, tD 3 Ateaerwoe Paso 32 of M Doak 55 a a t ewe* a tits of Co flaw p rM 9 ad No,,23 s fib' i aae 6 # ( � oT the lads derCnt*a1 e4 TitP Deed No f 9699 WW Cloak G•32 at he A Raeo Oale 53 t PB 2 A W ear Pw4dre ,pro, and F d (afwd Jft x09 at Page s t C al the tart PvWw ROOMMds) and TIM Dead No. 24007 one m Foo A'm s e 5eetmea 26 and 27. Tom Cy 9orth. 25 Ent; mw tha OW IroeW a, W W boaq b" natss #� GtJ#u#IrtEtlr� At um awtwsaatAxr d tha "m d t ft* mom the to mom. N 1 [1 f `t t2 W fo► 9C, I C tenor to a e wwl� fu Y. °I Juwrar Reed rYwth ys. ngrgteylY "ti9kt'of-Npy Wwa d U.S. d t bowWod AA ktbww, fees# and a aawAl Pa`°o of as ryatrre of s eurva an++ravre *4 Ob to Road f , men= d 3 dp far a d fast to A Freed of tArl�.sroy t�N53V }7 1 W f� kctt to ft aths saw � # radw at m the tlAdwCa o � an t nee d sad gervs itApMO or 27 a natw d 3Ci f test A'W a C40" . P� aF Cwv#turw o a mt mar to N39'2 t'3a' w for C.00 279. tea to the POW d hwwe of a ATM cormaat to qr anSta d 14 2W .t0 fo 80 9 # teat nova lwnnnf a ndau of 4AC 9S tad awd a egGU far 480.15 to to # as a at N4 *yO(0' r hw 270 .04 fast to A d sf19 d C2a3sw ot W a p�l an And naroytutawb oa tka arc dq teat and # asrkrar ansmog of 315#8"3 f" aArvatvrC d . Ciwva CaraA wA to Mw fderthrseeet, theesae tilwlaw'at . "N"ca, N28 13"32' I! fa 1122 43 fees theme 5 7 dutmm d 299.08 Feet: ""Me N4 f yam, E ftlr s o°r1y"h► tLs era d WW cwva '9 a r&" d 30C.55 Feat: then4s M4 ! 4C'JC' ! for a deaeaera d 416.34 feet tea the sONT Of OWANNW debwlCe d 485.00 Umft.ftwe, N46 d"d4`W far a Aot" a of 1'5.00 a defence d A M foal fltenca327'87b0' E #or a dretArraa 4 2+17.95 test tkantia N2 a � a of 243.501 h Qaeentrod tact r ant.rta 0.25 agog MOM OR, U58J dseWWA; of 49.31 Ica bast to the rORt'r fjr' DGfNWNG, CL L) I W ell �a E C14 C,) CL I t� P� Ln LO LO 0) Cml CD Cal C} O CD C} Cal �8 z r_ 0 E u m �LWJ41q#:41L$J1 Kom Irmo THIS FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT is entered into this 20th - ' day o f A■ vil , 2016, between Monroe County Board of County Commissioners (COUNTY) and The Florida Keys Society for the Prevention of Cruelty to Animals, Inc. (FKSPCA), (Contractor) in order to amend the agreement entered into on May 1, 2014 as follows; 111 1 "rIM I ' M WHEREAS, the FKSPCA has requested a CPI adjustment as allowed under the agreement; and WHEREAS, for clarification Paragraph 4 is being revised to reflect that the Consunmi in December of each year; and WHEREAS, for clarification of insurance provision relating to payment of deductibles, the Section titled "Insurance Requirements for Contractors and Subcontractor Engaged by the FKSPCA" Under Paragraph 9 shall be amended; and WHEREAS, for clarification of insurance provisions relating to builder's risk coverage, the Section titled "Builders Risk Insurance" under paragraph 9 shall be amended; and IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: In accordance with Paragraph 4, RENEWAL the contractamount is hereby adjusted by .7% CPI for all urban consumers (CPI-U) for the most recent 12 months ending on December 31, 2015. Effective May 1, 2016, the total compensation paid to the Contractor for its services under this agreement shall be $518,605.08 per annum or $43,217.09 per month. 2. Paragraph 4, RENEWAL - shall be amended by adding the following: In order to avoid request for retroactive CPI adjustments, language is being revised to the agreement to require CONTRACTOR to request CPI adjustments no later than January 31 of each year for the upcoming contract period of May tst. Failure to timely request annual CPI adjustments will result in waiver • the CPI adjustment for that year. 3. The Section titled "Insurance Reguirements for Contractors and Subcontractor Enwaged by the FKSPCA" Under Paragraph 9 shall be amended by adding the following language. The FKSPCA, its Contractors and Subcontractors will be held 0 responsible for all deductibles and self-insured retentions that may be contained in the Insurance policies. 4. The Section titled "Builders Risk Insurance" under paxag rap h 9 shall be amended by adding the follow coverage: Vandalism 5. In all other respects, the remaining terms of the Agreement entered into on May 1, 2014, not inconsistent herewith, shall remain if full force and effect. IN WITNESS WHEREOF, the parties have caused these presents to be executed in the , C E RK E Wi Sigl �Ittlr- U., // t PripL,Name Date Witness Sin' ItUrC IZA Print Name Date BOARD OF C TY COMMISSIONERS OF MONROE , F ORIDA By: — Mayor/ r"11 Date: 7 �-/ (� THE FLORIDA KEYS SYCIY F PREV OR THEENTI ELTY TO ANIMAL, NC. 7 t OF By: President Uj, Date: M Q –"-)- k . Address: 1 I Le �� '�- k-F) VA�� a. Address: - C IAZ N respective names.