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Item C20
C.20 J BOARD OF COUNTY COMMISSIONERS County of Monroe ire �f �rnl'PC ��l� Mayor Heather Carruthers,District 3 The Florida.Keys � � m�� ���r a�i�]�1 Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District I David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting July 15, 2020 Agenda Item Number: C.20 Agenda Item Summary #7066 BULK ITEM: Yes DEPARTMENT: Assistant County Administrator Kevin Wilson TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292-4441 NO AGENDA ITEM WORDING: Approval of the sixth amendment to the FKSPCA Lower Keys contract for animal control services providing for a CPI adjustment of$12,670.40 (2.3%) funded by advalorem revenues. The amendment also provides for reimbursing certain expenses in the month they are incurred to avoid additional fee on FKSPCA's part. ITEM BACKGROUND: The contract provides for annual adjustments based on the all consumers, all good consumer price index as of December of the previous year. This year's annual change was 2.3%. The effective date of the change is the anniversary date of the contract, in this case May 1, 2020. This amendment is retroactive to that date because the ongoing COVID emergency interfered with staff placing it on an earlier agenda. The amount of the CPI adjustment is $12,670.40. FKSPCA also requested that they be allowed to seek reimbursement for expenses (insurance premiums,primarily)that on which they incur additional fees to pay on a monthly basis which they could avoid by paying annually (one payment). The amendment provides a requirement that FKSPCA refund to the County a prorated amount should the contract be terminated on other than an anniversary date. In addition, this amendment corrects an oversight in the 5th amendment in which the added expenses due to the new building agreed to as an interim adjustment in the 4th amendment were inadvertently omitted from the total in the 5th amendment. PREVIOUS RELEVANT BOCC ACTION: May 1, 2014 The initial contract was approved by BOCC April 20, 2015 BOCC approval of lst amendment(CPI) May 17, 2016 BOCC approval of 2ad amendment(CPI) May 16, 2017 BOCC approval of 3rd amendment(CPI) August 15, 2018 BOCC approval of 4th amendment(new building expenses added) May 22, 2019 BOCC approval of 5th amendment(CPI) CONTRACT/AGREEMENT CHANGES: YES Packet Pg.650 C.20 STAFF RECOMMENDATION: Approval DOCUMENTATION: SECOND REVISED Amendment 6 w/Attachments A & B included(KW FKSPCA) (7/7/20) 2014-05-01 Amended& Restated Contract 1 st Amendment 04202016 2nd Amendment 05172017 3rd Amendment 05162018 4th Amendment 08152018 2019-05-22 5th Amendment FINANCIAL IMPACT: Effective Date: July 15, 2020 Expiration Date: April 30, 2024 Total Dollar Value of Contract: $556,166.13 Total Cost to County: Current Year Portion: $5,279.33 (increase in FY20 due to this adjustment) Budgeted: Yes Source of Funds: advalorem CPI: Yes Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: N/A Additional Details: N/A ICPI adjustment of$12,670.40/year REVIEWED BY: Kevin Wilson Completed 06/29/2020 11:50 AM Paunece Scull Completed 06/30/2020 12:05 PM Purchasing Completed 06/30/2020 1:19 PM Budget and Finance Completed 06/30/2020 2:04 PM Maria Slavik Completed 06/30/2020 3:49 PM Kathy Peters Completed 06/30/2020 4:35 PM Board of County Commissioners Pending 07/15/2020 9:00 AM Packet Pg.651 C.20.a 61"Amendment FKSPCA Lower Keys Animal Control contract SIXTH AMENDMENT TO CONTRACT , (Operation of the Key West Animal Shelter) THIS SIXTH AMENDMENT TO CONTRACT is entered into this 15th day of July, 2020, between Monroe County Board of County Commissioners (County) and Florida Keys Society for Prevention of Cruelty to Animals, Inc., a Florida not-for-profit corporation (FKSPCA/Contractor), in order to amend the Agreement dated May 1, 2014, and as amended on CL April 20, 2016; May 17, 2017; May 16, 2018; August 15, 2018; and May 22, 2019, as � follows; U_ WHEREAS, the parties entered into an Amended and Restated Agreement on May 1, 2014 for the FKSPCA to provide long-term animal control services and enforcement pursuant to the provisions of F.S. 255.065 (formerly F.S. 287.05712) from Mile Marker 0 through Mile Marker u, 16.7(the Harris Channel Bridge), including the City of Key West (Agreement); and WHEREAS, the terms of the Agreement provide that the contract amount may be adjusted annually by the percentage change in the Consumer Price Index (CPI) for all urban consumers (CPI- U) for the most recent 12 months available ending in December of each year; and e( CL WHEREAS, the FKSPCA has timely requested a CPI adjustment as allowed under the Agreement; and � WHERAS,the effective date of the CPI adjustment should have been the anniversary date of the contract, and WHEREAS,the County and FKSPCA wish to amend the way in which insurance premiums can be reimbursed to avoid the incurrence of additional service charges, and 06 WHEREAS,the County and FKSPCA recognize that the 5th amendment inadvertently omitted the additional expenses added in paragraphs 3.A. through 3.F. of the 4th amendment from the total annual reimbursement amount , and IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. The 4d' amendment to the contract provided for the addition of certain additional expenses incurred by virtue of occupying the new facility and provided for reimbursement of estimated E amounts for utilities. These totaled $196,696.00 in six (6) specific categories as delineated in paragraphs 3.A. through 3.F. of the 4th amendment. The total contract amount in the 4th E e( amendment was therefore revised to be $737,311.11 including the amounts included in paragraphs 3.A. through 3.F. of amendment 4. The 5th amendment provided a CPI adjustment U) for the base amount of the contract from the 3rd amendment which was an annual CPI w adjustment. The base amount of the contract in the 5d' amendment should have been $747,582.80 which was comprised of the maximum amount on the 3rd amendment z ($540,615.11) plus the maximum amount of the added expenses from the 4th amendment ($196,696.00)plus the 5d'amendment CPI adjustment of 1.9% ($10,271.69)for a not to exceed U) total of$747,582.80. m 1 Packet Pg.652 C.20.a 61"Amendment FKSPCA Lower Keys Animal Control contract 2. In accordance with Paragraph 4, RENEWAL, the base contract amount is hereby adjusted by 2.3% CPI for all urban consumers for the most recent 12 months ending on December 31, 2019. Effective May 1, 2020,the total compensation paid to the Contractor for its services under this Agreement shall be the base contract amount of$563,557.20 per annum plus an additional expenses amount as provided in the 4"' amendment of$196,696.00 per annum(until a E reconciliation is agreed) for a total contract amount of$760,253.20 per annum. CL 3. Paragraph 2, AMOUNT OF AGREEMENT/AVAILABILITY OF FUNDS, is revised to read as follows (new wording is underlined/removed wording is struck through). 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 2 amount of Five Hundred and Fifteen thousand DOLLARS and zero CENTS ($515,000)per year on a reimbursement basis e"al to 1/1 2 ..f this ""'moo""+of $42,91 6.67. Reimbursements requests � will be submitted monthly. All expenses allowable under this contract will be reimbursed until the not to exceed maximum for the contract year is reached. If this contract is terminated on and date other than the annual anniversary date of the contract,the contractor will repay to the Coun . any reimbursements received that exceed the prorated amount based on the percentage of the contract year elapsed as of that termination date. Allowable expenses will only reimbursed CL in the contract year in which they were incurred(i.e. expenses incurred in one contract year will � not be"rolled forward" for reimbursement in a subsequent year just because the prior year's U- maximum reimbursement was already paid). If less than the maximum reimbursement was claimed in any contract year,those funds shall revert to the County (i.e.,unused funds at the end -� of the contract year shall not be"rolled over"into the next contract). less than the per-tnonth r-eitnbtff setnent atnottnt of$4 2,916.67,the ttnttsed balaffee will As a result of the addition of the added expenses due to the occupancy of the new building in early 2019,the Contractor was authorized reimbursement of a cumulative amount annually of $196,696.00 for specific categories of added expenses as detailed in paragraphs 3.A. through 3.F. of the 4"' amendment. These not to exceed amounts are continued annually until a reconciliation amendment is approved as anticipated by the 4"' amendment. Counter FKSPCA specifically acknowledge that the 5th amendment revision to PARAGRAPH 2 - C AMOUNT OF AGREEMENT/AVAILABILITY OF FUNDS, failed to included the amounts envisioned in paragraphs 3.A. through 3.F. of the 4th amendment. 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. E If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued c� reimbursement of expenditures for services specified herein,this agreement may be terminated U) 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 Z z required by law. U w 2 Packet Pg.653 C.20.a 61"Amendment FKSPCA Lower Keys Animal Control contract 4. The first paragraph of Paragraph 2 A., PAYMENT, is replaced with the following paragraphs as follows: E Payment shall be made in accordance with the Local Government Prompt Payment Act, 218.70 (F.S.). Payment will be made periodically, but no less than on a monthly basis, on a reimbursement < basis, as hereinafter set forth. Reimbursement requests will be submitted to the Boards' designated representative. The County shall only reimburse, subject to the funded amounts below, those U) reimbursable expenses which are reviewed and approved as complying with Monroe County Code of U- 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, with attached W spreadsheet 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. Unused funds will not be rolled over to the next contract year. The Contractor may seek a request for reimbursement for annual payment on invoices that cover future periods, receipt of goods or services (e.g. insurance premiums, monitoring of alarm systems etc.), but the Contractor must provide a sworn affidavit attesting that any refunds/credits of monies shall be repaid to the County together with interest calculated pursuant to Sec. 55.03, Fla. Stat., running from the date the monies were paid to Contractor. � 5. In all other respects, the remaining terms of the Agreement dated November 14, 2017, not inconsistent herewith, shall remain if full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in two (2) counterparts, each of which shall, without proof or accounting for the other 06 counterparts,be deemed an original contract. (SEAL) Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA By: By: Deputy Clerk Mayor/Chairman (SEAL) CONTRACTOR: FLORIDA KEYS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC. Attest: 3 Packet Pg.654 C.20.a 6"Amendmen FKSPCA L m ontrol contract By: By: WITNESS Title: Ord Title: Executive Director m By: m WITNESS Title: OE COUNTY ATTORNEY C' AP RO'; -AS'TORM: LL. VAeNECE'SCULL ASSISTANT COUNTY ATTORNEY 07/07/2020 N CL LL 06 LU LU !U N h h !y U N !v U !v !v !v 4 0 Packet Pg.655 C.20.a 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. CL 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: W "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. o 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." cv 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. W Only current charges will be considered, no previous balances. CL 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 06 attached and certified. N Payroll E 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. LU L' 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 LU 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. Packet;Pg. 656 C.20.a 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. CL 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. Alrfare reimbursement requires the original passenger receipt portion of .2 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 W trip Is not. CL 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 tails 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. ca 06 Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, N 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, .E penalties and fines. LU LU Packet;Pg. 657 i C.20.e ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street CL Key West, FL 33040 Date The following is a summary of the expenses for (Organization e) for the time period cv of to 0 Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX a 102 Company B Utliities XXX.XX N 104 Employee A P/R ending 05/14/01 XXX.XX W 105 Employee B P/R ending 05/28/01 XXX.XX U CL (A) Total S X.XXX.XX (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) S 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, 06 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. LU Notary Public Notary Stamp w U Packet;Pg. 658 C.20.b 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"). CL 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 CL 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 0 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 a 06 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 LO 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. 1 Packet;Pg.659 C.20.b 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. CL 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 CL 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 0 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 LO CD 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. cv 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 Packet;Pg.660 C.20.b (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: FL 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 CL 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 W 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 06 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 LO County Health Department and follow all local and state laws, regulations and ' procedures, including but not limited to F.A.C. 10D-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 Packet;Pg.661 C.20.b 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 E perform euthanasia, and copies of the certificates will be forwarded to the Director of Public Works or designee. E 3. The Contractor shall provide heartworm testing to all adoptable dogs, provide deworming to all adoptable animals, and shall have a programCL ca 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 a potential adopter in an effort to assure that the animals adopted are 06 being placed in long-term homes. The screening procedures shall be m reviewed periodically by the Director of Public Works or designee as to form and practicality. All adoptable animals will be available for E inspection by the public during normal working hours. The Contractor shall utilize the Adoption Agreement attached hereto as Exhibit "Gl" LO 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 Packet;Pg.662 C.20.b 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. FL _ 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. E 4. Protocols for daily maintenance of premises and equipment, including vehicles. 5. Training Staff a) prerequisites for certain positions b) keeping staff current CL 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 ca g) Obedience Training h) Behavior Problem Solving y 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 E type setting,with live or video teaching.All other training may be self- study, although some in-person or video training is highly LO recommended. Training shall be provided appropriate to the positionCD filled by the worker,whether that worker is an employee or a volunteer. CD 7. Adoption Guidelines, which shall absolutely require sterilization of all animals `V 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 shalt 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 Packet;Pg.663 C.20.b 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 FL 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 CL 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 o 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 LO 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. cv If this agreement is terminated by the County,the Contractor shall be entitled to E 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 6 Packet;Pg.664 C.20.b 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. CL 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 E 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 E County, and shall be in addition to the total compensation amount set forth in paragraph 2. CL 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. 0 C. ENFORCEMENT SERVICES: The Contractor will provide complete animal control and enforcement services within the Service Area described above, including, but not limited to: v, 1. Training of Animal Control Officers: The Contractor shall provide that all animal control 06 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. LO 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; 7 Packet;Pg.665 C.20.b 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; CL 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 E 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/orCL ca 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 E 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 LO 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 Packet;Pg.666 C.20.b 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, CL 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 CL 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. 0 U 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. LO 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, 9 Packet;Pg.667 C.20.b 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: CL 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. CL 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 2 (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 y Subcontractors in any tier,their employees,or agents. 06 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained within this agreement. General Insurance Requirements LO 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. `V 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 Packet;Pg.668 C.20.b 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 asCL c, "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. 0 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: LO $100,000 per Occurrence Commercial General Liability Insurance Prior to the commencement of activities governed by this contract,the FKSPCA shall obtain Commercial E 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 Packet;Pg.669 C.20.b $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 FL 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: CL • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: �-- $1,000,000 Combined Single Limit(CSL) 0 If split limits are provided,the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage 06 m 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. LO In addition,the FKSPCA shall obtain Employers' Liability Insurance with limits of not less than: ' $100,000 Bodily Injury by Accident `V $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 Packet;Pg.670 C.20.b 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 FL 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 typesCL ca 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: 0 • 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: LO $ 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 Packet;Pg.671 C.20.b 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: CL $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 CL 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. 0 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 06 $100,000 Bodily Injury by Disease, each employee m Builders Risk Insurance Prior to any construction activities engaged by the FKSPCA,the FKSPCA shall obtain Builder's Risk LO Insurance on an All Risk of Loss form. Coverage shall include coverages for: Theft Aircraft Windstorm Vehicles Hail Smoke E 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 Packet;Pg.672 C.20.b 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 Revocable 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: CL (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 CL 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 LO 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 Packet;Pg.673 C.20.b 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. CL 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 CL 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 LO 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 cv 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 m 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. 16 Packet;Pg.674 C.20.b 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 FL 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 CL 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 c 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: 06 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 LO 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 Packet;Pg.675 C.20.b 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. FL 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 E 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 E were paid to Contractor. In addition, the Contractor shall, at its expense, provide the County with an annual audit prepared by anCL c, 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: 0 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 06 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 LO 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 Packet;Pg.676 C.20.b 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: CL 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 CL 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: 0 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. LO b. Failure to procure appropriate veterinary care for any sick or injured animal in the custody of the Contractor. cv c. Failure to administer euthanasia in a humane manner. d. Failure to maintain the Shelters in a clean,safe and sanitary manner. E 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 Packet;Pg.677 C.20.b 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 FL 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: m 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. CL 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. W 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. v, 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 LO 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 Packet;Pg.678 C.20.b Monroe County Administrator and Dent Pierce, Director and County Attorney 1100 Simonton Street Monroe County Public Works 1111 12`h 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 CL 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 E 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. E 30. GOVERNING LAWS: CL U 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). m 32. AUTHORIZED SIGNATORY: The signatory for the Contractor, below,certifies and warrants that: LO (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. `V 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 Packet;Pg.679 C.20.b 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: CL 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. E IN WITNESS WHEREOF,the parties hereto have executed this Amended and Restated Agreement as of the date first written above. CL c, HEAVILIN, CLERK BOARD OF UN MMISSIONERS (V ° OF ON COU *0 I aDAA,1 � ' By: °.,moo °a••° eputy Clerk tfayooKhairman ®®yy uhr M iM• W CONTRACT Attest v, By: Z�/�lQyl By: WITNESS Presiden Florida Keys Society for the C44tPreventi f Cruelty to Animals, Inc. Print Name: � 515 /J JV By: � WITNESS LO Print Name: 7S iti2 ' u-'r►) r2.� MONROE COUNTY ATTORNEY c„ PPR,OVED AS TO FORM: CHRISTINE M. L.IMBERT-BARROWS ASSISTAI`JT GCUNTY ATTORNEY � Date / -Ilt� (M � Q �Z CD V Ga.'s U_ W = �� 22 Packet;Pg.680 C.20.b ATTACHMENT A CL 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: CL "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." 0 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. 06 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. 9 LO Any questions regarding these guidelines should be directed to 305-292-3534. cv 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. Packet;Pg.681 C.20.b 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. CL 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. CL 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. 0 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 y 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 LO 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 Packet;Pg.682 C.20.b 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. CL CL 06 LO N U Packet;Pg.683 C.20.b ATTACHMENT 8 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 CL 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX (A) Total $ X.XXX.Xx (8) Total prior payments $ X,XXX.XX 0 (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D-C) $-X XX.XX y I certify that the above checks have been submitted to the vendors as noted and that the 06 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. LO 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 Packet;Pg.684 C.20.b EXHIBIT"B" PAGE 1 OF 4 RESOLUTION NO, 599-2006 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,AMENDING RESOLUTION NUl 386-2406 TO PROVIDE A THREE-YEAR COUNTY LICENSE FEE FOR CATS THAT ARE NOT SPAYED/NEUTERED. WHEREAS,Resoludon 386-2006 was passed by the Board of County Commissioners on September 20, CL 2006 providing for one-year and three-year County licenses,fees for dogs,cats and ferrets and replacement license, and ' WHEREAS,a scrivences error resulted in the omission of the 3-year County license fee for cats that are"nor spa)rSnearered and 6 nwwhs ofage or older",2.E.(2Xb),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 alternative three-year license also desirable; NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,that: CL 1. Section 2.E.of Resoludon No.386-2006 is hereby amended to read: 2. E. County License: ONE YEAR THREE (1) Dogs: (a)Animal is spayed/neutered or under 6months of age s10 S20 (b)Animal is not spayed/neutered and 6 months of age or older S35 $75 (2) Cats: (a)Animal is spayed/ncutered or under 6mouths of age slo $20 (b)Animal is not spayed/heutered and 6 months of age or older $35 7' (3) Ferrets: $6 $10 y (4)Replacement(per replacement,regardless of years covered) $2 06 (5) Dogs and cats with microchips or other means of permanent identification and with ngi to the or a national ukadfication service current to the owner,shall receive a SS discount from the annu fern r PASSED AND ADOPTED by the Board of County Commissioner's of Monrocs ,F%da,aaba meeting of the Board held on the 15th day of November,2006. n a oCD LO Mayor McCoy Yea Mayor Spehar Yes 17) Commissioner Neugent Yes y n cn Commissioner Murphy Yes ca Comoissioner DiGennaro Yes BOARD OF COUNTY COMMISSIONERS (Seal) OF MONROE COUNTY,FLORIDA Attest: DANNY L.K/OLHAGE,Clerk By: `-J Deputy Clerk MONROE COUNTY ATTORNEY Mayor/Chairman AP VED AS TO ZANNE A U ON =Ty m Date Packet;Pg.685 C.20.b EXHIBIT"B" PAGE 2 OF 4 A BFAOLMON OF Titer BOARD OF COUNTY COMMMONERS OF NIOiNROR COUNTY,T AWaMA,AMIrOM RSSMUTM NQ 703M TO MtOVMS A TIMM-VM AL?EBNATMZ IN T= DOG,GAT R FB3l W UC,V=TEB#. CL WH®tEAB,Raobdm No.240-2006 was plead by the Board cf COMY CammiMioaers(BOCC)b aem the it a oo be caused for vadoaa nimal cOatrd eavitet;and WE MRtLAS,ltaoh0w No.240a%chnnusted the alaanstm tared lm Beeson wm%ble is 000wmatiae wits the dbroo-year mb m vaccine which me admnuswWlb some pets:and m W1�R)EAg,tho animal ooapol ooas�aomrs mpoet twat theca ati a aarB'saeat aaarbec of popb> 9se *rw-year vaccine for their pets to mks the atemitive duce-yaw Baas also domabla � NOW,TmRI mini BE rr RESOLVED BY THE BOARD OF COUNTY COIIBYQSS[OI m OF hdONNROE COUNTY,that: CL I. Section 2.E.of Resobdim No.24(i.2006 is hweby amended to read: 2. E. County -� (1) � ��m' OTBYEAR W (a)Aaimsl is RwyWaautered ormrder 6mon&ofsp $10 220 (b)Animal is mot s WaMeWered and 6 months of sp or older $35 S73 (2) Gals: (a)Aniad is VWwV wwW cr under 6mon&of ass $10 $20 (b)Aobal is not spayed&moemd and 6 mouths ofage or older $35 (3) Ferrets: $6 $I O (4)Rqbwmmt(per te0mveneat,Segtudlem of yews covered) $2 (5) Dogs sad rate with mimcWp or other mans of pexmsnent WombAcatim and with tegbami o to the Coosty or 06 a wbnal idmfic aum saviea o HUN to the Owner,dmG MOM a$5 60000 from da arus W lieease An. m PASSED AND ADOPlm by the Board of County Comunmooas of Udosroe Cosmty,Fk+rids,st a meeting of the Board held an the 201h day of Sgmm* s,2006. MONROE COUNTY ATTORNEY C" MayarMccoy y0 APPROVEp Af T RM: LO Mayor Spehsr ym Comm YA Pal assiAU atu�NE W.r -`t oaa —ice c o N ym -_t BOARD OF COUNTY C�OMII a a' m OF MONROE ,no ran - • KOLHAGE,perk a CI)D rn Jar Packet;Pg.686 C.20.b EXHIBIT"B" PAGE 3 OF 4 Companion to Alternate version RESOLUTR)N NO. 240 -206 A RESOLUTION OF THE BOARD OF COUNTY COM IISRONERS OF MONROE COUNTY, FLORIDA, RTPEALiNG AND REPLACING RESOLU77W NQ 261,2t1R3 TO PROVIDE CHANGES TO DOG, CAT & CL FERRET LICENSE FEM WHEREAS,Resolrrdm Na 261-2W5 was passed by the Board of County Commissioners(BOCC) to require the iatuauce of a dog license to correspond with the length of effectiveness of the rabies vaccination actually administered;and E WHEREAS,the BOCC has passed OidWowr Na 006-2006 requiring lice mm of dogs,cats and ferrets;and WHEREAS, the BOCC has determined that it is in the best interests of the pubic to change Chapter 3 of the Monroe County Code to ahlo require lioensum of ferrets and to change the age at which CL licenses are required to conform licensum to the Soft rabies vaccination laws,and WHEREAS,the BOCC has determined that there a no public concern about the Rot pmvmdy fend by the BOCC that calls for pick up of un-nammid and ruuprayed dogs at large arced such Cab for dogs who have been neutered or spayed;and WHEREAS,it is desired to reduce the angst of pet owners who do not beep their pets from roaming at huge; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,that: 1. Re&Adfan Na 261-2005 is booby regaled. 2. Fees shall be collected for the following services as specified: am= E � A- pick•: (1)First Time $25 (2)Second Time $50 , (3)Third and each additional time within a 12-mondk period $100 LO 'Tbe above pick-up flees WWI be doubled if the animal picked up was not vaccinated for rabies. ' (4)Unaltered arstilsirl ar larVJL-mV erad fdm lkwm Van unaltered animal comes into the r shelter,either by being piclked up or bnnxlgbt in,there will be an additional$100 tine for the fact that it is lammed and that tine will be waived if owner or assigned ataetWoer agrees to alber the animal prior to leaving the shahs. D. QWML $10 Rona eta 261-MOO 1 (COMPMi alo Od AMrd 00L2M AkNMU VWsioe App 6 2106) Packet;Pg.687 C.20.b EXHIBIT"B" PAGE 4 OF 4 E. Sd2U0l7C Imo; PER YEAR* (1) DoW. (a)Animal is spayed/nattoW or under 6months of sp $10 (b)Animal is not spayedhmtered and 6 months of age or older S35 (2) Cats: (a)Animal is spayed/nalteted or rmdar 6months of age S 10 FL (b)Animal is ant spayedhmueaed and 6 months of age or older $3 S , (3) Ferrets: $6 (4)RgA@caowW S 2 (5) Dogs and cots wish microchips or other means of permanent identification and with registration E to the County or a national identification service current to the owner, shall receive a SS discount fi m the annual hoetue feeCL *Licenses are to be issued on an annual basis. However,any three-year license previously iswW in conformity to a three-year rabies vaccine and pursuant to ReeooJuaw 2612005 shall remain is effect until its natural expiration date. F. (1)First year $100 U (2)Animal Renewal S SO 0 G. t a[ fo �(pe litter) $ SO Litter registration is requited before birth. The owner of a pregnant animal shall be assessed a litter fee of$SO for each lifter If the litter is not registered,there will be$100 fine for first offers;SM fine for second offense.SSW Sae on third offense. At the first oflaise,the fine of$100 will be waived if ownedcstetaker agrees to alter the litter and breeding mother. 06 PASSW AND ADOPTED by the Hoard of County Commissioners of Moos County,Wkk,sx a meeting ofthe Board held on the 21atday of June ,2006. 3 0 '+r Mayor McCoy Tea �*�'.. C* Mayor SpdW Tea Commissioner Neugent yesLO CAaomrssioner Patton Zea rn issioner Rice Yam n"i� a :..<'� r rn ca 0 a so cv BOARD OF COUNW t OMM[SSIONERS (SOD OF MONROE C07 K ORIDA After DANNY L.KOLHAGE,Clerk � By: Dapdty By •�.:.PMayorfiCheirnmui Clerk YONPM COUNTY AT N'Y wws DAM 2612WS 2 APPp AS (Gbmpeim roOrd Aawd 006.M Abwou Ynim App 6 2106) OUIrAW�,.,�I,WffoN pM0 Ct1���rT�'37Ji Packet;Pg.688 C.20.b EXHIBIT "G1" 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(days day of Lmonthl,20CL _. 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 CL 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 e 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 LO 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) Packet;Pg.689 C.20.b EXHIBIT "G2" FORMS REQUIRED TO BE USED BY CONTRACTOR AFFIDAVIT OF INABILITY TO PAY ANIMAL CONTROL CHARGES (name)who being first duly sworn, in support of my request to have certain Monroe County Animal Control charges waived,do certify that: 1. I am the owner of , (name(s)of animal(s) CL 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 ,$ o (date of 1st 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. 06 (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: N 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. Notary Public-State of Florida at large Concur Animal Control Director Concur County Administrator Packet;Pg.690 C.20.b EXHIBIT "GV FORMS REQUIRED TO BE USED BY CONTRACTOR RmOLI:TION NO. m •ZAP A BZSOLVI'M Of TRL BOARD OF COUNTY C aF Monsos COUNTY, VWWDA, APPROVING THE AHWAL COMIAL WATIM TO BB V= PUMAW TO SECTION 446 OF Tom MOIIRDL COUlrT1 CL CODE. Wes,pumot b mmw county Cwo(MCC)Section 4-46,coca obmMns a vidslioo of ChWW 4 of tlo MM an awNai eaanrci supervisor at snit W coatrd officer,err 3Ay ocher law er&roeraent ni"6oer,may roues dmtioa;and '%M3ff.AS,the arimW covftl cAltion aced OW1 be in oko astigy the move farm as approved by Board rewohrdw and WHIfR1f.AS.the mum d 000wd dkom Awk be appvvA by the&tvd of CwtwtIF CL conmwwaers for the parpuso of owing ea omment of lbe Monroe County Animal control Ord""m and WHRREAS. Section 4.46, MCC sea forth lie required wAnoation lint shelf be amraieed in tk-citatirm; NOW 'i'! EIMOU, 29 IT BESULVED IW TILE BOARD OF COUNTY C *5flS6IOI!W(W MOilllM CWWW.FLORWA.THAT: L MW leari W CAmoy Ceawriniaaem of Monju Comsy on o-m flee naiad caatmi clteela dtadad [ierdo autd, pmumt 4• Saw. 4.46 at ie 1Memme Con* Code. re+t ka &W err aaioal cemod aatnrten rtae d istiatm in � aabasarda% fie not hm ar appis ied bembL 06 1!AlvWD AND ADOPIT.D by tie Bawd of County Commissioners of Momoe County.Fkw ide,oe 0*t M day of Sgxwkw.2010. Wyix We w1piy you ^ry r- E Mayor Fro Teo Helow cvftdiera yen - Commissioner Kim wigiwon You - ro Canmiepaeer Neu furor :a ' Ca m4sio Mario Di C"enmro Yw .C.` CD . (S>E;AL) 110ARDOF000NTYCOMiriiS' o W'* `V Anew DAKRY L.X01AAGF,.CLERK OF 1l EMOE(XXTNTY,FIMMA b By: ..r' L. �k�1Xim, 7 sy. Deputy Ckwk MayaaCl+atrpersoo «ONWE G(,ti1pJTr 4TTQ':,x.., APP oyc.'j A`•T FOR164: •1! .1 uNMN7-bA�R5 W3T Q�i;d Y�R-Tar:FLY Packet;Pg.691 C.20.b EXHIBIT "G3" FORMS REQUIRED TO BE USED BY CONTRACTOR RIAOL L TM NO. 290 .2516 A 8II,60LITMN Of TW BOARD OF COEWW CO "W. of MANROZ COurrrlr, FZQAiDA, APPROVING TIE ANIMAL COMItOL CITA'l2la1M TO BE UWD PURSUAYr TO SECTION 4.46 OF In 1MO1MKM C )UKW CL CODE. WHIiRp',U.pmmut tv Moww Cm*QW{MCC)%own 4-46.apoa obsemng a violation of ChWW 4 of the 1►MM,an asti,iaw)enalyd&*wviwr or animal eootrol offim,or � any 0her Lw eefateewtent tfica•,may 1 we a dmtiows and %IEC t AS,the:wliaat 40 tns)a btio"wend tdtdl be in A66UNially the aaae Was as m approved by Bwd rewAdim wed WHEM&the animal coatW citaom*AmM be sppmvoil by this Baud of Coumm CL Con oW*e ne Ibr the psa'pole of mud* eaforeem net of the Mmm Canty Animal Contra ora nsaw;aae WMEI MM, Section 4.46, MCC wo forth the required iaaibrtoatioa that shalt be coa si,sed in the ciiatkwn; NOW THLREFOU, 2Z I? R113OM ED IW THE BOARD OF OOiTNW COW i0K11W OF MONROE COUNTY,FLORIDA.THAT: c 1. The Be"K C"My c4askskeen of Meem Cooney■V 0,a on a+WNW � two d dtadm attached hereto and, pwrmzm to Sew " eM ark 1,1---e C m* Code, rhnirs tint all anal aA■e d caatrnteart the aaitatima is anbaraills the Mae town Y appwed hlrein. 06 PA.4SED AND ADOP'1'lrD by the Board of Comity CommWanaa of Munroe 'a County,Flo+t on If*1 Sth day oPScptambw.2010. Mayw Sylvia)&I]* If du m Mapor pro Tm Heslber Ctvuhera yen q CommisstOnRt;Kim Wigi 6n. Ye* tv (,aMilntgpalaer Na _ ?_< �"! j Ln CQfm6s4:;oaer Mario Di Cm o Tom - Z (SM) ROARD OF COUNTY Cob 01S� Mast:DAr'NY L.ROI RAGF,.(7.FRIf OF MOAIROE C X T.Vff,F MMA b 4A Py; C. ` r%Ji;IM� Ry� U Depiy C>ewtc .4"odcl ailpason 41ONROE GM,%Tv APP O.'f—, FORM: s , au 1! .1 SNMMT-QJIRR075 WefNSTAN Packet;Pg.692 C.20.b Board of County Commissioners,Monroe County,Florida Animal Control Division In the County Court,In and for Monroe County,Florida Citation No. Citation Date: Time: A.M./PM In the rune of Monroe Canty,Florida: the undersigned certifies that he/she had just and reasonable grounds to beliem and does believe that Fitt Nome Middle Last Name (Name of the OwnedAlleged Violator) U Strad Address City Stab zip On the day of .20 at A.M./P.M.at ( ) Monroe County,Florida,did commit the following offmse(s),contrary to laws. Facb eotrstita 4 probable eause/atmxnts of ofrmw: U Anise!Deaer*d—(IfaysNaHe) Name: Broad Color: Sex SpsydNadaed 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.4-810) DANIMAUS)CONFINED IN VENHICLE,SEC.4.81(s) Ca ❑FAILURE TO NEUTER DOGS.CATS,RABBITS,SEC.4.69(s) ❑OTHER VIOLATION SEC.4. Where triable m County Coot, Lower Keys Division-Monroe County Courthouse Annex,302FIauw*Street,Key Wes.FL.33040;or y Middle Keys Division-Marathon Brawl Courthouse,3117 Ovetse"Highway..Marathon,FL 330W or Upper Keys Division-Uppc Keys Government Center.58820 Overseas Highway.Plana—Key.Florida 33070 06 On: (Month) (Day).20 u AMJPAi Judge: Counroan:_ ❑1T 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 WrIW THE INSTRUCTIONS ON YOUR COPY OF THIS 0 DOCUMENT. ISSUING OFFICER: DATE: r SIGNATURE CD PRINT NAME AND TITLE: 1 HEREBY AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED ABOVE TO ANSWER TO THE OFFENSE(S)CHARGED OR.IF THE r OFFENSE(S)CHARGED DOES NOT REQUIRE A MANDATORY COURT APPEARANCE AND I DESIRE NOT TO CONTEST THE CHARGE,TO PAY A CV CIVIL PO4ALTY IN THE AMOUNT OF S IN THE MANNER SET FORTH IN THE INSTRUCTIONS ON THE BACK SIDE OF THIS CITATION. I UNDERSTAND THAT,IF I DO NOT APPEAR IN COURT TO CONTEST THE CITATION OR PAY THE CIVIL PENLTY WITHIN TEN(IOt DAYSOF DATE OF THIS CITATION(EXCLUDING SATURDAY,SUNDAYS AND HOLIDAYSI,I SHALL HAVE BEEN DEEMED TO WAIVE MY RIGHT TO CONTEST THE CITATION AND IN SUCH CASE JUDGEMENT MAYBE ENTERED AGAINST ME UP TO U THE MAXIMUM AMOUNT OF THE CIVIL PENALTY OF 55011. 1N ADDITION.FAILURE TO COMPLY MAY ALSO RESULT IN AN ORDER TO SHOW CAUSE TO BE ISSUED FOR MY APPEARANCE IN COURT,WHICH MAI'FURTHER RESULT IN BEING HELD IN CONTEMPT OF COL71T. SIGNATURE OF OWNER/ALLEGFD VIOLATOR DATE SIGNATURE IS=AN ADMISSION OF GUILT (Note:Front of citation) Packet;Pg.693 INSTRUC IONS If the officer marked 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: 1. If you desire to plead GUILTY or NOLO CONTENiDERE(No Contest)you must WITHIN 10 DAYS of the issue of this citation,(Saturdays,Sundays and Holidays excluded)MAIL this notice with a Cashier's Check or Money Order for the prescribed amount for the violation charged,payable to CLERK OF CIRCUIT COURT,to the address chocked below, (DO NOT MAIL CASH OR PERSONAL CHECKS);or you may appear at the address checked below,between the laws of 9:30 A.M.&5:00 P.M.,Monday—Friday(Saturdays,Sundays and Holidays excluded)and pay the prescribed amount. ❑ Lower Keys Clak's CMnim(a Midge a Upper Keys Clerk's Office as appropdete) CL 5W WWWwad St.,Suite 101,Key Wes,Fkrids 33040 AMOL TO BE PAID:S Nde: Whicheva your method of payment,you must op the"PLEA OF GUILTY OR NOLO CON4ENDERE AND WAIVER OF RIGHTS:'below and return it to the C1=k with your cheese. 2. YOU MAY APPEAR IN COURT by requesting a court hearing on this charge. Your request MUST be made in person by appearing yourself or through an attorney at the address and time specified on the front side of this citation-This copy of the Notice to Appear roust be presented to the cant at such appearance. CL PLEA OF GUILTY OR NOLO CONTENDERS AND WAIVER OF RIGHTS In consideration of my not appearing in court;1.the undersigned,do hereby cuter my appearance on the affidavit for the offm*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 at the trial of such action. I hereby enter a plea of:❑GUILTY OR❑NOLO CONTEN DEEM(No Contest)for the offenso(s) charged.I waive my right to defend against such charge(s)or to appeal any error in such proceedings. I understand the nature of the charge(s)against me. I plead,as indicated above,to the charge(s)being fully aware that my signature to this plea will have the same effect as judgment of this Court. 0 U m Signature (n Address 06 m Signature of person taking waiver if presented in person Title:(Clerk,Deputy Clerk) r LO r N O m pJde:Back of citation) Packet;Pg.694 EXHIBIT "G4 " C.20.b Inc. ANIMAL SHELTER DATA FOR MONTH OF: Other Animals DOGS CATS how many what Animals Brought In: Animals Picked Up: Animals Adopted: Animals Redeemed: Animals Transferred*: Animals Escaped: CL Animals Born at Shelter: to Animals DOA: Animals Euthanized— **number sick,injured,or dangerous Animals on Hand CL NOTES: Service Calls: *List how many,type of animal and where W Bite Reports: animal was transferred Cruelty Cases: 0 COUNTY FEES COLLECTED Failure to Spay/Neuter: Exemption License: 06 m License: Pick-Up Boarding: LO Adoption: CD Disposal: cv Euthanasia: m Feline Leukemia test: Total County Fees Collected: $ - Other Fees Collected: Donations: REPORTED BY: Grants: Date Reported: Fundraisers: Other: $ - Packet;Pg.695 C.20.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 CL WHEREAS, the buildings at that location have reached the end of LL 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 06 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA AS FOLLOWS: LO Section 1: That the attached Amended and Restated Lease T- cv 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 Packet;Pg.696 C.20.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 . CL Filed with the Clerk on March 20 2014 . ca Mayor Craig Cates Yes Vice Mayor Mark Rossi Yes Commissioner Teri Johnston Yes Commissioner Clayton Lopez Yes Commissioner Billy Wardlow Yes Commissioner Jimmy Weekley Yes Commissioner Tony Yaniz Yes 0 CRAIG CRIts, MAYOR A 06 CHERYL SMITH, ITY CLERK m m cv m U Page 2 of 2 Packet;Pg.697 C.20.b EXECUTIVE SUMMARY ��``•!"`�►�, TO: City Commission CC: Bogdan Vitas FR: David Fernandez Marilyn Wilbarger,RPA,CCIM DT: March 11,2014 E RE: Amended and Restated Lease Agreement and Joint Participation Agreement E with Monroe County for the Animal Control Premises CL 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 y 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 06 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 LO 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'b 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 Packet;Pg.698 C.20.b 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. CL INSURANCE AND c, INDEMNIFICATION: The most current language and requirements have been added to cta 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 CL 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. 2 Further,before a building permit will be issued as set forth above, the County shall provide a performance guarantee. The County shall wan-ant 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 LO 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. Packet;Pg.699 C.20.b JOINT PARTCIPATION AGREEMENT THIS AGREEMENT is entered into this i L14111lay ofggg,42014,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). CL 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 CL 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 o 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 LO 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; cv 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 1 Packet;Pg.700 C.20.b 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 CL 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 CL set forth in the proposed Amended and Restated 99-year Lease agreement. S. 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 o 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 2land 22. 7. 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 parry'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 LO 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 Packet;Pg.701 C.20.b 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 CL address which either party may designate to the other party by mail: If to County County Administrator Monroe County CL Historic Gato Building 1100 Simonton Street Key West,Florida 33040 With a copy to: Monroe County Attorneys 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 LO 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 Packet;Pg.702 C.20.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 CL 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. CL ca This Agreement shall not be assignable by either party unless such assignment is first approved by both parties. 1 S. 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 y 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 E 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 LO 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 cv 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 Packet;Pg.703 C.20.b 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 FL 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 CL 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. LO 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 5 Packet;Pg.704 C.20.b 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. BOARD OF COUNTY COMIVIISSIONERS MONROE COUNTY,FLORIDA CL Q=® r/Chairp -- O - AMY HEAVILIN,C RK ' .. o Deputy Jerk 06 THE CITY OF KEY WEST,FLORIDA LO Crai Cate ayo ATTES N J, VC Ci {City MONROE COUNTY ATTORNE`:�' APPROVED AS TO FORM: CHRISTINE M. LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date �u 6 Packet;Pg.705 C.20.b Exhibit"A" Original Premises CL CL 06 Lo CD CD u Packet;Pg.706 C.20.b 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 CL 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 CL 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 W 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 Korth 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 06 described herein, the building or trailer currently occupied by Billie Cheek, which property shall not be included in this lease agreement. E LO cv Packet;Pg.707 C.20.b Exhibit B Relocated Premises CL CL 06 LO CD CD u Packet;Pg.708 C.20.b LEGAL DESCRIPTION PARCEL F A parcel of land on and adjacent to Stock Island, Monroe County, Florida: said CL 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. 240G7 (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 JuniorCL College Road with the northerly right-of-way line of U.S. Highway#I (State Road #5): thence N 18"4 I'l 8" W for 36.I G feet to a point of curvature of a curve concave to the Southwest; 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°2138" 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°13'52" 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 3'43'31" for a distance of 239.69 feet; thence N4 I°46'3G" E for a distance of 435.66 feet; thence N48°13'24" W for a distance of 15.00 feet; thence N4 I°4G'3G" E for a distance of LO 253.63 feet to the POINT OF BEGINNING; thence N48'1324" 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 54104G36"W for a distance of 164.71 feet back to the POINT OF BEGINNING. Described tract contains 1 .02 acres MORE OR LESS. Packet;Pg.709 .......... Amended and Restated Lease Agreement E between E CL U) �d The City of Key West,Florida U- as Landlord and Monroe County, as Tenant Dated 0.4� Iq I a-oly E LO C44 E U Page I of 22 Packet Pg. 710 C.20.b This Amended and Restated Lease Agreement is made and entered into in Key West, Monroe County,Florida, this, day of ft"2014,by and between THE CITY OF KEY WEST, FLORIDA, a municipal corporation organized and existing under the laws CL ca 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 0 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 y Participation Agreement entered into by the parties simultaneously with this Amended 06 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 LO described on Exhibit `B", which is attached hereto and incorporated by reference (hereinafter the"Relocated Premises");and `V 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 Packet;Pg.711 C.20.b 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 CL 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 ca be for a period of ninety nine (99) years commencing retroactively to the I P day of November, 1985, and ending at midnight on the 111 day of November,2084. 3. RENT. The TENANT agrees to pay to the LANDLORD an annual rent 2 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. y 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 LO CD 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 Packet;Pg.712 C.20.b 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 CL 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 otherCL c, 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 2 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 N 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 Packet;Pg.71"3 C.20.b 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: CL Commercial General Liability $2,000,000 Aggregate $2,000,000 Products Aggregate $1,000,000 Any One Occurrence m $1,000,000 Personal Injury CL c, $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. 06 y Any management agreement used by TENANT must provide that the LANDLORD does not m 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 LO 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 Packet;Pg.714 C.20.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. CL 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 0 equivalent. c, 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 06 Best rating of A-VI or better. Any such insurance required to be carried by TENANT m hereunder may be furnished 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 LO 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 Packet;Pg.715 C.20.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 CL 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 CL incurred by LANDLORD in connection therewith, such legal expenses to include costs U. 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 0 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 LO indemnification shall continue beyond the date of termination of the Agreement. cv 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 Packet;Pg.716 C.20.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 06 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 E 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 N 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 affiimative 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 Packet;Pg.717 C 20.b 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 0. 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, W 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 fiuther 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 06 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 LO 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. E 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 Packet;Pg.718 C.20.b 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 IMPROVEMENTS: 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 CL 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 06 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. cv 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 Packet;Pg.719 C.20.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. CL 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 CL 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 E 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 N costs and expenses associated with the demolition and removal of the existing improvements including, but not limited to, remediation of any environmental contamination. 2 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 Packet;Pg.720 C.20.b 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 0. 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 CL 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. 06 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 LO Premises or Relocated Premises is not available for one or more of the utility services cv 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 E 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 Packet;Pg.721 C.20.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 CL 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 CL 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.. 06 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 E 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, EOUIPMENT 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 Packet;Pg.722 C.20.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 CL 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 LO 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 E 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 Packet;Pg.723 C.20.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. CL 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 CL 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 o 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. LO G. That when either of the parties desire to give notice to the other or cv 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 E 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 Packet;Pg.724 C.20.b With a copy to: Monroe County Attorney's Office P.O.Box 1026 Key West,Florida 33041-1026 If to Landlord: City Manager Q. 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. 0 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. LO BOARD OF COUNTY COMMISSIONERS MONROE COUNTY,FLORIDA N ersojK AMY HEAVILIN,CAERK e4 rr MONROE COUNTY ATTORNEY APPROVED AS TO FORM: Deputy Clerk G CHRISTINE M. IIMBERT-BARROWS ASSISTANT JCOUNTY ATTORNEY Page 16 of 22 Date Packet;Pg.725 .......... THE CITY OF KEY WEST,FLORIDA BY: A CL -EraijCatig,Mayor ATTE E E Ci CL (C $ U) �d CJ U- E LO C44 E u Page 17 of 22 Packet Pg. 726 ............... Exhibit"A" Original Premises CL E E CL U) �e U- 06 E LO CD CD C44 E u Page 18 of 22 Packet Pg. 727 C.20.b 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 EL 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 m 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 CL to the Point of Beginning of the parcel of land herein described; thence continue South 69 Degrees 52 Minutes East, LL 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 o 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 a back to the Point of Beginning, that excepting from any land 06 described herein, the building or trailer currently occupied by Billie Cheek, which property shall not be included in this lease agreement. LO cv c Packet;Pg.728 C.20.b Exhibit B Relocated Premises CL c, CL 0 06 LO CD CD cv u Page 19 of 22 Packet;Pg.729 C.20.b LEGAL DESCRIPTION PARCEL F A parcel of land on and adjacent to Stock Island, Monroe County, Florida: said CL 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 It 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 5ections 26 and 27, Township 67 5oath, 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 JuniorCL College Road with the northerly right-of-way line of U.5. highway#I (state Road #5); thence N 18"41'18" W for 36. 16 feet to a point of curvature of a curve concave to the Southwest; thence northwesterly on the arc of said curve hawng a -- radius of 265.00 feet and a central angle of 3510GW 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"13'52" E for 1 122.43 feet; thence N45030'07" 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'36" E for a distance of 435.66 feet; thence N48"1324"W for a distance of 15.00 feet; thence N4 I"46'3G" 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 541"403G"W for a distance of 164.71 feet back to the POINT OF BEGINNING. Described tract contains 1 .02 E acres MORE OR LE55. Packet;Pg.730 C.20.b Exhibit C Solid Waste Closure Permit CL E E CL U) �e U- 06 E LO C44 E U Page 20 of 22 Packet Pg. 731 C.20.b APPENDIX 10 FDEP Concurrence Letter " 0N Florida Department of Governor Environmental Protection Jennifer Carroll South District Lt.Governor P.O.Box 2549 Fort Myers,FL 33902-2549 Herschel T.Vinyard Jr. Secretary April 18,2011 CL City of Key West c/o Jay Gewin,Utilities Manager E E-mailed to: jgewin®keywestcity.com 525 Angela Street E Key West,Florida 33M Subject: Site Assessment Flan Approval CL FDEP Facility ID:WAGS 7%36 Former Southernmost Waste-tO-Energy Facility 5701 College Road -- Key West Florida,Monroe County Dear Mr.Gewin 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, 06 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 LO transfer building on the the North West and South East side's as indicated on the ' attached drawing(Attachment 1)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(SWTE)Facility site located at Packet;Pg.732 C.20.b City of Key West FDEP Facility ID:WACS 79636 April 18,2011 Page 2 of 2 Stock Island. Pursuant to paragraph 62-780.600,F.A.C.,The Department CL 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. CL 1f you have any question,please feel free to call me at(239)344-560. Whenever possible,please submit written documentation to*=.harcourt®de.state.fl.us W and include the WACS ID number in your correspondence. Sincerely, 0 James Harcourt,P.G.II Florida Department of Environmental Protection South District,Waste Management LO 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®dW.state.fl.us) Barbara Nevins(via e-mail to barbara.nevins@dCR.state.fl.us) Packet;Pg.733 C.20.b Attachment I CL 44 CL 06 ''tip -�� +++1 7 i•i' •'• to�• ';s 1. 1 � Ili � � x ' tt '� � I,�1� lt�ll�- • � � `p I I 1 � • I � ;: r i i tPut i.►>;�t r Packet;Pg.734 Exhibit D Ground Water Permit CL E E CL U) �e U- 0 06 E LO CD CD C44 E U Page 21 of 22 Packet Pg. 735 C.20.b APPENDIX 10 FdEP Concurrence Letter 01N Scott Florida Department of Go„ Environmental Protection Jennifer Carroll South District U.Governor P.O.Box 2549 Fort Myers,FL 33902-2549 Herschel T.Vinyard Secretary April 18,2M1CL -� City of Key West c/o Jay Gewut,Utilities Manager &mailed to: iggwin@key&estcily.com 525 Angela Street E Key West,Florida 33040 CL 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 e 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 06 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 LO transfer building on the the North West and South East side's as indicated on the ' attached drawing(Attachment I)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 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(SWTE)Facility site located at Packet;Pg.736 C.20.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 CL 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. CL If you have any question,please feel free to call me at(239)344-56K Whenever possible,please submit written documentation to james.harcourt0deR.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 LO Attachment cc: R.J.Bruner III,P.E.CH2M Hill(via e-mail to bo.bruner@ch2nn.com) Bill Krumbholz(via e-mail to biil.krumbholzOdep.stateRusl Barbara Nevins(via e-mail to barbara.nevins@dep.state.fi.us) Packet;Pg.737 C.20.b Attachment I CL k. '�hiL "'�•.. `�• •may" y —`_—�' i�l;��lll�ii� CL git 00 1 lily fa j i � l ; is ! 1' !` ��f .� • I r r' %,jl,�i,r• .,f,r� ; !'j •sf rfff � •' g MF\ eC3 JV Iit :� i .... • i 1,r �� ( I I• 5 i • f:1= MA _ Packet;Pg.738 C.20.b APPENDIX 11 Environmental Resource Permit SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE STANDARD GENERAL PERMIT NO.41-00076-S DATE ISSUED:August 23,2010 CL Foam tf0941 0!/95 PERMITTEE: CITY OF KEY WEST 604 SIMONTON STREET KEY WEST,FL 33040 PROJECT DESCRUMON: Modification of Permit No. 44-00076-5 for the construction and operation of a surface water management system to serve a 3.86 acre municipal development m known as the City of Key West Public Transportation Facility. PROJECT LOCATION: MONROE COUNTY, SEC 27 TWP 67S RGE 25E CL PERMIT DURATION: See Special Condition NoA. See attached Rule 40E4.321, Florida Administrable Code. This Is to no*you of the DlsWft agwny scilm oonowft Notice of hderd for Perarit App9csson No.09M7.6,dead June 17.2009. Tthb sclort Is Mw pwwusrd m Rums 40E-1.603 and Chapter 40E40,Rodde Adrnkdetraliw Coda(FAC.). Based on the Wo ma0on provided.Dblrfct noes hove Oven adhered to and an Environniental Resource GwmW Parrrdl Is in effect for rib proled"Aged to: 1. Nol facet ft a Mod request for a Chapter 120,Florida Staudes.adminisiralivs hearirp. 2. the attached 19 Gwwvd Condubm (Sae Papas: 2-4 of 6). 3. the stWshed 14 Spedsl Condlilm(See Peyes: 5-6 of 6)and 4. the ateched 2 BWWs) should you d*d to these cordO ns,plesse refer to here studhod'NWc a of Wphu"which addresses Uw procedures to be followed N you 06 dedre s prralic hearkg or other review of the proposed psncy action. Please earned tlds o15oe N you haw any puesUm conoernlrtg#6 meter. If we do not hear from you In awarder with the'Nome of P40,"we vwil mum riot you concur with to Di lows action. a) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a`Notice of Rights'has been mailed to the Permittee(and the persons listed in the agaed distribution fist)no later than 5:00 p.m.on this 23rd day of August,2010.In accordance with Section 9 dh 120.60%,Florida S U1112L LO BY: /d! Anita R.OWn N Director-Environmental Resource Permitting Division Palm Beach Service Center Certified mail number 7009 2250 0003 1260 9165 Ppe 1 of S Packet;Pg.739 C.20.b Appkelon No.: 09W17-a Page 2 of 4 GENERAL CONDITIONS 1. AN activities authorized by this permit shall be Implemented as set forth in the plans,specifications and performance darts as approved by this permit. Any deviation from the permitted activity and the conditions 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,attachments,exhibits,and modifications shag be kept at the work site of the permitted activity. The complete permit shall be available for review at the CL work site upon request by District staff.The penmittee shall require the contractor to review the complete permk prior to commencement of the activity authorized by this permit 3. Activities approved by this permit shall be conducted In a manner which does not cause violations of State water quality standards. The permittee strati implemard best management practices for erosion and ` pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction,and permanent corrtrd measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be Installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work Turbidity barriers shell remain in place at all locations until construction Is completed and CL soils are stabilized and vegetation has been established. AN practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual;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 epeo is erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittes shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The permitter shall notify the District of the anticipated construction start date within 30 days of the date that this permit Is issued At(sect 48 hours prior to commencerment of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencemard Notice Forth Number 09W Indicating the actual start date and the expected construction completion date. 5. When the duration of construdbru will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. 06 6. Within 30 days after canpietbn of construction of the permitted activity,the pemttee 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 Complebon0Cerdficadon Form Number 0881A. or Environmental Resourceftrlace Water Management Permit Construction Completion Certification-For Pr4ects PemrNted prior to October 3,1995 Form No. 0881B, incorporated by reference In Rude 40E-1.659, F.A.C. The statement of completion and certification shall be based on onstts observation of construction or review of as-built drawings for the e purpose of detemrining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved drawings are discovered during the certification 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•buNC 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:uradl the permMtee has complied 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 determines 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 Environmental Resource Permit Packet;Pg.740 C.20.b Appicogan No.: 090617-6 Paps 3 or ti GENERAL CONDITIONS Applications within the South Florida Water Management District,accepts responsibility for operation and maintenance of the system. The porndt shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. FoWwing inspection and approval of the permitted system by the District, the permittee shall initiate transter of the permit to the approved ragmulole operating entity If dtiferent from the permittee. Until the permit is transferred pursuant to Section 40E-1.6107,F.A.C.,the permittee shall be liable for compliance with the terms of theFL permit. c, j tl. Each phase or independent portion of the permitted system must be completed in accordanoe with the permitted plans and permit cmuditims prior to the initiation of the permitted use of site Inftstructure 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 aocordence with the permitted plans and permit conditions prior to .a trarster of responsibi'li y 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, U CL such easement or deed restriction must be recorded 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 Y first. Other documents concerning the establishment and authority of the operating entity must be filed ._ with the Secretary of Stele,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 liable for carrying out maintenance and operation of the permitted system and any other permit conditions. U 10. Should any other regulatory agency require changes to the permitted system,the permittee shall notify the District in writing of the granges prior to implemetation 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 authorizations prior to the start of any activity approved by this pormiL This permit does not convey to the 06 permittee or create in the permittee any property right,or any Interest in real property.nor does It authorize any entrance upon or activities on property which is not owned or controlled by the permittee,or convey any rights or privileges other than those speciied In the permit and Chapter 4CE-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 u3 CD required lease.license.easement,or other form of consent authorizing the proposed use. Therefore,the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to CD commencing activity on sovereignty lands or other state-owned lands. 13. The penT&ee must obtain a Water Use permit prior to construction dewatering,unless the work qualifies for a general permit pursuant to Subsection 40E-20.302(3),F.A.C.,also known as the Tb Notice•Rule. 14. The parmittee shall fold and save the District harmless from any and all damages. claims, or liabilities which may arise by reason of the construction,alteration,operation,maintenance,removal,abandonment or use of any system authorized by the permit_ 15. Any delineation of the extort of a wetland or other surface water subrrtitted as part of the permit Packet;Pg.741 C.20.b App4atlan No.: 090e17-e Pago4ore GENERAL COMMONS application,including plans or other supporting documentation,shag not be considered binding, unless a spedfle condition of this permit or a formal determination under Section 373.421(2), F.S.. provides otherwise. 18. The pewee 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 real property on which the permitted system Is located. CL All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E 1.6105 U and 40E-1.6107, FAC.. The permittee transferring the permit shag remain liable for corrective 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 permittes. District authorized staff with proper identiflostion shall have permission to enter, inspect. sample and test the system to insure conformity with the plans and specifications approved by the permit. E 18. if historical or archaeological artifacts are discovered at any time on the project site, the permittee shag immediately notify the appmpnote District service centerCL . c, ' 19. The permittee shall immediately notify the District In writing of any previously submitted Information that is later discovered to be WKxurate. r� W 0 CJ 06 m LO CN Packet;Pg.742 C.20.b e i Appicalm No.: ON 017-6 Pays 5 or e SPECIAL CONDITIONS ` 1• The construction phase of this permit shall expire on August 23.2016. 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. CL 12'da.drop inlet with crest at elev.3'NGVD 29. c, Receiving body:Groundwater Table Control elev:2.5 feet NGVD 29.12.5 FEET NGVD 29 DRY SEASON. 4. The peemlttee 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 oaxrr in the receiving water. 8. The District reserves the right to require that additional water quality treatment methods be incorporated CL into the drainage system if such measures are shown to be necessary. 7• Facill es other than those stated herein shall not be constructed without an approved modification of thle pelt• 8. 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 certification report. 9. The permltlee shall provide routine maintenance of all of the components of the surface water e management system in order to remove all trapped sediments/debris. AN materials shall be properly disposed of as required by law. Failure to properly maintain the system may result In adverse flooding conditions. 10. If prehistoric or historic artifacts,such as pottery or ceramics,state Gods or metal implements,dugout canoes,or any other physical remains that could be associated with Native American cultures,or early 06 Bolo nlal or American settlement are encountered at any time within the project site area,the permitted project should cease all activities involving subsurface disturbance in the Immediate vicinity of such m discoveries.The permittee,or other designee,should contact the Florida Department of State.Division of Historical Resources.Review and Compliance Section at(850)245-M or(8W)$47-7278.as well as the appropriate permitting agency office.Project activities should not resume without verbal and/or written etdhorizedon from the Division of Historical Resources. In the event&d 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. LO 11. The permittee, 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 04 .. property. 12. Minimum building floor elevation: 12.0 Feet NGVD 13. Sot fence shah be utfted during consbuctionand shall be installed and property 'trenched" etc. in accordance with Exhibit 2.AN areas shall be stabilized and vegetated Immediately after construction to prevent erosion into the wetlands and other sumacs waters. 14. The permittee shall install a drain link fence around the entire perimeter of the project site,which will Packet;Pg.743 C.20.b ;s Appk ebml No.: ONS17.6 Pope 6 of 8 SPECIAL CONDITIONS eliminate or minimize secondary adverse impacts to the mangrove wellands located along the southwest side of the project site.as shown in ExhNA 2. The fence shall be maintained in pmpebAy. CL t " CL m tJ Ill W q ®®006 VuJ pp W p� W q W q W LO N Packet;Pg.744 c,a rj :3 • . SURFACE WATER MANAGEMENT CHAPTER 40E,4(4194) 40E-C321 Duration of Permits � (1) Unless revoked or otherwise modlied pursuant to Rules 40E-4.331 and 40E-4.441, FA.C.,the duration of a surface water management permit issued under this chapter is as follows: CL c (a) Two years from the date of issuance for Co weptual Approval,unless within that period 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 feed,then the Conc:ephia!Approval remains valid until final aciion is taken on the application. If the application is granted.then the Conceptual Approval-is c� vaaltd for an additional two years from the date of issuance of the constn,cdon and operation permit. E Conceptual Approvals which have no applications for construction and operation filed for a period of two years will expve automatically. (b) Rve years from the date of issuance for a construction permit. (c) ` Perpetual for an operation pemk r (2) The Governing Board shag issue permit extensions provided that a permittee files a written request with the District showing good cause. For the purpose of this rule,good cause shag mean CL a set of extenuating circumstances outside of the control of the permitter. Requests for extensions, which shall include documentation of the extenuating circumstar es and hoer they have delayed this project,will not be accepted more than 100 days prior to the expiration date. (3) For a Conceptual Approval fled concurrently with a development of regional Impact(DRI) t� application for development approval(ADA)and a local government comprehensive amendment,the 0 duration of to Conceptual Approval shall be two years from whichever one of the following occurs at the F latestdatr: (a) the effective date of Ih6 local government's comprehenslys plan amendment, (b) ti18 effective date of the local government development order,or cJ 1c) tine date on which the dstria Issues the Conceptual Approval.or (d) the latest date of the resolution of any Chapter 120 or other legal appeals. (4) Substantial modiOcadons to Conceptual Approvals will extend the duration of-the .Conceptual Approval for two years from the date of Issuance of the modification: For the purpose:;of this section,the term"substantial modffk;aUW shall mean a mofication which!s rtastinably expected to06 , lead to substantially different water resource or environmental Impacts which require a detailed review. •(s) Moditations to construo*m peftits Issued pursuant to a formal permit application extend the duration of the permit for three years from the date of Issuance of do moddkaion. Construction permit modficatbms do not extend the duration of a Conceptual Approval. (6) Permit modifl ations issued pursuant to subsection 40E•4.931(2)(b),FAC.(letter modifications)do not extend the duration of a permit. SP�Cft VLAW*373.044.373.113 F.S.La.N VWwtsd 373.413,373.4160)F.S.Hisb"vw 9.3.81,Ameadad 1•'1-12,12-1LO - 82,Fcmwn IWAA714),MUMW7.1416.41M84. , . r CD N Packet;Pg.745 C.20.b :s 1 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 judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is hat intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy.You ahoy wish toFL consuft an attorney regarding your legal rights. RIGHT TO REQUEST ADMIIlISTRATIYE HEARDIG A person whose substantial Interests are or may be affected by the South Florida Water Management District's (SFWMD or District) 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 written notice of the decision,unless one of the following shorter time,periods CL appW. 1) within 14 days of the notice of consolidated Intent to grant or deny conamenty 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 �r 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 to take final agency action, or publication of notice that the District has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fail to file a wrMarh request for hearing within the timehane described above waives the right to request a hearing on that decision. Filing Instructions The Petition must be filed with the Office of the District Clerk of the SFWMD.Filings with the Dot Clerk may be made by mail,hand-delivery or facsimile. FMngs by e-mail will not be accepted. Any person wishing to receive a clerked copy with the date and We stamped must provide an additional copy. A petition for administrative hearwhg Is deemed fled 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.shaft be fled as of 8:00 a.m.on the nehd regular business day. Addition filing instructions are as follows: LO • Filings by mail must be addressed to the Office of the SFWMD Clerk,P.O.Box 24660,West Palm Beach,Florida 33416. • Flings by hand4WIlvegy must be delivered to the Office of the SFWMD Clerk. Delivery of a peddon to the SFWWs security desk does not constipate filing.To onsm proper fang,fi wM be necwseary to request the SFO Kit security officer to embcd the Clerk's office. An employee of the SFWMD's Clerk's office will receive and Ile the petition. • Filings 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. Admin. Code, a party who files a document by facsimile represents that the original physically signed document will be retained by that partly far the duration of that proceeding 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 fling date for a document fled by facslnile shall be the date the SFWMD Clerk receives the complete docurrnent. Rev.071M cos 1 Packet;Pg.746 C.20.b .J Initiation 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 form and an 8 and 112 by 11 Inch white paper. �s AN petitions shall contain: 1. Identification of the action being contested, including the permit number, application number, CL District file number or any other SFWMD identification number,if known. 2. The name,address and telephone number of the petitioner and petiGoner's representallive,ti any. 3. An explanation of how the petitioner's substantial interests will be afteted by the agency ' determination. 4. A statement of when and how the petitioner received notice of the SFWMD's decision. 5. A statement of all disputed issues of material tact. if there are none,the petition must so indicate. 6. A c o nclse statement of the ultimate fads degW, Including the specific fads the petitioner contends warrant reversal or modification of the SFWMD's proposed action. CL ca t=' 7. A statement of the specific noise or stalubes the petitioner contends require reversal or modification of the SFWMD's proposed action. 8. If disputed issues of material fact exist,the statement must also include an explanation of how the ' alleged fads relate to the specific rules or statutes. 9. A statermM of the relief sought by the petitioner,stating precisely the action the petitioner wishes r the SFVVMD to lake with respect to the SFWMIYs proposed action. 0 A person may file a request for an extension of time for filing a petition. The SFWMD may,for good cause, ca grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all otiher 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. I the District takes action with substantially ditferent impacts on water resources from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28-106.111.Fla.Admin.Code,unless otherwise provided by law. LO Mediation The procedures for pursuing mediation are set forth in Section 120.573, Fla. Start.,and Rules 26-106.111 and 28-106.401-.405, Fla Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573,Fla.Stat.,at this time. RMIT TO SEEI(dUDiC&REVIEW Pursuant to Sections 120.60(3)and 120.68,Fla.Stet,a party who is adversely affected by final SFWMD action may seek judicial review of tine SFWMD's final decision by filing 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 wrtinin 30 days of rendering of the final SFWMD action. Rev.0710irm 2 Packet;Pg.747 C.20.b orp staff_report.rdf Last Date For Ag ency Action: October 4,2010 GENERAL EWARONMENTAL RESOURCE PERMIT STAFF REPORT Project Hams: City Of Key West Public Transportation Facility CL Permit No.: 44-00076-S Application No.: 090617-6 cg r Application Type:Environmental Resource(General Permit Modification) Location: Monroe County, S27/T67SM6E Pormittes: City Of Key West Operating Entity: City Of Key West Project Area: 3.86 acres CL Projed Land Use: Govemment Drainage Basln: GULF OF MEXICO " Receiving Body: Groundwater Table Class:WA Special Drainage District: NA Conservation Easement To District: No Sovereign Submerged Lands: No U This application Is a request for modification of Permit No.44-OW76S 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 Fadity. 06 m LO cv App.rro : 090617-8 Pacts 1 Ora Packet;Pg.748 C.20.b �p staff ropat.ndf AS PROJECT EVALUATION: r� The site Is located on the north side of East Junior College Road and on the south side of the Stock r' Island IarKM,on Stock island in the City of Key West,Monroe County,as shown on Exhibit 1. CL c': The 3.86 acre project site 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.44-00076S,Application No.921027-8. The 3.86 we projed site is part of a larger ovwaU parcel which is owned by the City of Key West,which contains a portion of the dosed out Stock Island landfill. City of Key West UWlties,the Key West Golf � Club,salt marsh and mangrove wetlands.and submerged lands. - No watlande or other surface waters are located within the 3.86 acre project sae, and no adjacent wetlands or other surface waters located outside of the project site will be adversely affected by theCL proposed project W._ _.. The project Includes constructing a surface water management system that will serve a new pubic r:r transportation facility for the City of Key West Department of Transportation,as shown on Exhibit 2. The ? facility will Include a 2-story admlMetrative office bulding, parking. swvloe bays for buses. and a bus washing station. 0 The proposed surface water management system will consist of site grading and stormwater Inlets that will diced all runoff to a series of butermneded dry retention areas for water quality treatment.After treament,the runoff will be directed to a drainage wall for final disposal. No wetlands or other surface waters located a*oent to the project site on the southwest side of the site wiN be adversely affected by the proposed project Specifically,the pernatee will install and maintain a 06 chain Unk fence around the entire perimeter of the project site,which will eliminate or minimize secondary adverse Impacts to the mangrove wetlands located along the southwest side of the project sae,as shown in Exhibit 2 and in accordance with the special conditions of this permit. LO Construction: Projects ' This Phase Total Project Dry Retention Areas .45 .45 acres E Impervious 2.32 2.32 acres Pervious 1.09 1.09 acres Total: 3.86 3.86 } j ..L Discharge Rift: App.no.: OWS17.6 Pepe 2 cf e Packet;Pg.749 C.20.b atp_staff reportadf :L The surface water management system has been designed to retain the volume of runoff from the 25 yead3 day storm event onette.Final disposal of the runoff is to a dralnege well. Control Elevation CL Basin Area Ctrl BW WSW Chi Elsv Method Of .; (Acres) (it,NGVD 29) (it,NM 29) Deterndnation cc KW Transport Fac. 3.86 2.5/2.5 2.50 Previously Permitted :J Receiving Body: Basin str.0 Recehdng Body ? Kw Transport Fee. Well Box(G Groundwater Table CL NAi c Structures: Note:The units for all the elevation values of structures are (1t,NGVD 29) i Inlet*: Basin 8tr# Count Type Width Length Dia. CrestElsv. ' KW Transport Fac. Well Box 1 Drainage Well 2' 3 (GW 1) KW Transport Fac. Well Box 1 Drop inlet 2' 2' 5.65 (GW-1) U No adverse water quality impacts are anticipated as a result of the proposed project.The surface water y 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 within Interconnected dry retention areas. 06 To ensure that proposed construction activities do not degrade adjacent wetlands and surface waters, the pemdttee will install and maintain temporary sin fends around the ImIls of construction In accordance with Exhibit 2 and as stipulated In the special conditions of this permit. The temporary m erosion control barriers will be installed prior to and will be removed upon completion of construction activities. LO Basin Treatment Method Vol RegA Vol (ac fl) PnWd KW Transport Fac. Treatment Dry Retention .45 acres 24 24 The 3.86 acre project site does not contain preferred habitat for wetland 4eperx!" endangered or threatened wildlife spades or spades of special concern. No welland-dependent endengmeMnreatened 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 permittee from complying with all applicable rules and any other agencies'requirements if,in the future,endangeredAhreatened species or species of special oorwem are App.ra.: 090617-6 Paps 3 d 6 Packet;Pg.750 C.20.b @W slant reporLrdf discovered on the project site. FTv11i N pop M l it Is suggested that the permxEee retain the services of a Professional Engineer registered In the State of CL Florida for periodic observation of constrtxtton of the surface water management(SWM)system. This will U facilitate the completion of construction completion cation Form f10861 which is required pursuant to Section 10 of the Bests of Review for Environmental Resource Permit Applications within the South Florida f Water Management District,and Rule 40E-4.361(21 Florida Administrative Code(FA.C.). :- Pursuant to Chapter 40E4 FAC..this permit may not be converted from the construction phase to the operation phase until certification of the SWM system Is submitted to and accepted by this District. Rule 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. CL For SWM systems permitted with an operating entity who is dffferent from the pemtittee,it should be noted that until the permit is transferred to the operating entity pursuant to Rule 40E-1.6107, FAC., the permittee Is liaable for compliance with the terms of this permit The permitee is advised that the efficiency of a SWM system will normally decrease 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 flow capacity Is conWorrifted,flooding of the project may result Maintenance of the SWM system Is required to protect the public health,safety and the natural resources of the state. Therefore, the pennRtee must have periodic inspections of the SWM system performed to ensure performance for flood protection and water quality purposes. If deficiencies are found,it is the responsibility of the permittee to correct these deflc lencies In a timely manner. } The proposed work is not looted within and Is not anticipated to adversely affect sovereign submerged lands. 06 m LO N U AppAo.: CON17-6 Paps 4 on 6 Packet;Pg.751 C.20.b erp_sWf_reportrdf :i .K t� RELATED CONCERNS: Water Use Permit Status: » The pwn*be has Indicated that dewotatng is not required for construction of thD project. The permlltee �. has also indicated that landscape Irrigation activities are not proposed as peat of the project. CL This does not release the• pemdt penrdttee from obtaining all neoessay Wafer Use autirorimtion(s)prior �., to the oommencement of activities which will require such auforization.Including construction dewatering and irrigation, unless the work qualifies for a No-Notioe Short-Term Dewatedng permit pursuard to Chapter 40E-20.302(3)or is exempt pursuant to Section 40E2.051.FAC. E f' CERP: The proposed project Is not located within or adjacent to a Comprehensive Everglades Restoration Project component CL Pobbla Weber Supplier. fA _, Fn �_ .�, Rio l� e�MN7 ':' llllaste Water SysbemisuppNer. 0 '✓ Key West Resort Utilities to Right4fMay Permit Status: 0 A District Right-ol-Way Pert Is not required for this pmject. DRI Status: This project is not a DRI. 06 HlatorieaUAreheological Resources: m The District has received correspondence from the Florida Department of Stab, Division of Historical Resources Indicating that the agency has no objections to the Issuance of this permit. This permit does not release the permlttee from=44ance with any other agendes'requirements In the < event that historical and/or archaeological resources are farad on the site. LO DCAICat ConeMency Review: The Issuance of this permit coristitutes a finding of considtency with the Flodde Coastal Management Program. Third Party Irk No third party has contacted the District with concerns about this application. � Enforcement: There has been no enforcement activity associated wlth this application. STAFF REVIEW: AW.w.: OMB17-6 Pops S of 6 Packet;Pg.752 C.20.b ................ ...................... ...................... qp-dW-Mport.rdf DrASION APPROVAL: RESOURZCEMT. `'.� .„__ CL DATE: I.' Barbara J.Conmy suRFAcAATER mAummaim E DATE: E CSTIOS A.do Rojas,P.E. .D CL U- u 0 CJ 06 E LO C44 E u AW.m: 0Wel?-6 pap 6afG Packet Pg. 753 C.20.b PROJECT LOCATION MAP Gulf of Mexico / Stook I FL tJ PROJECT SITE.--. Stock Island CL tip 0 06 Key West � Atlantic Ocean LO FDOT.W OUZODY MONROE COUNTY,FLORIDA ni Legend A Application Map Date:8/812010 Application Number.090617-6 Permit Number.44_00076-S Project Name:CITY OF KEY WEST PUBLIC A'� TRANSPORTATION FACILITY ---_PROJECT SITE G sw Exhibit: 1, Page 1 of 1 Packet;Pg.754 Exhibit E Survey CL E E CL U) �e U- 06 E LO CD CD C44 E U Page 22 of 22 Packet Pg. 755 C.20.b 9 ki FL loll ¢ ' � at n +� q � Y � w C A 'S ni 04 gaad��EyT sr x3 m is _ $ } •�� e ; "' 11 "° LO sg9 $ " s p� ` �' YgE a� a ■ X �t'�''l.� =4 � yE n � � XfE � c � ^►i g g � � i `f � fa= fay i �a: ? �kr �e �+'e� f cv � ii x� ,� ,� �� �Ys 02 IL E xssg ; faN�A = f Xf,r r isfit Xfa 1 V . jai i 1� f�ras is Packet;Pg.756 C.20.b 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"). WTTNESSETH: 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 W WHEREAS, Licensor owns the property, hereinafter referred to as the Licensed Parcel; 0 and WHEREAS, pursuant to section 2-939 of the Key West Code of Ordinances, Licensor 06 may grant Licensee and its agents, a revocable license to use Licensor's property. NOW,THEREFORE,the parties agree as follows: LO 1. For the period beginning with the occupancy of the Re-located Premises in N 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 Packet;Pg.757 C.20.b 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 U 0. 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 0 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 preceding06 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 Term 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 Packet;Pg.758 C.20.b 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 a 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 m require. LO 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 cv 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 3 Packet;Pg.759 C.20.b 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 cg 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 c, 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 c 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 06 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, LO 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 cv 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 c 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 Packet;Pg.760 C.20.b 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. 0 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. LICENSOR: CITY OF KEY WEST, LO FLORIDA ATTEST: By: Cheryl Smith,City Clerk Craig Cates,Mayor 5 Packet;Pg.761 C.20.b Licensee: BOARD OF COUNTY COMMISSIONERS MONROE COUNTY,FLORIDA ATTEST: Amy Heavilin,Clerk By: Mayor By: Deputy Clerk CL MONROE COUNTY ATTORNEY APPROVED AS TO FORM: �'m�d� 41N--�rsrrnnu� W CHR19TINE M. LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date 0 CJ 06 r LO r cv 6 Packet;Pg.762 C.20.b EXHIBIT"A" DESCRIPTION OF PARCEL LICENSED HEREIN CL 06 Lo N u 7 Packet;Pg.763 Q ' A N ' . = aI J4 U ' ', tC a LEGAL De50UPf10Nr PARCEL A A parcel of land On and ad.pamnit to Stott fe10M,Niahroa t aunty.Plonda=SAWdp bar ig a part of true la dwcnbed m Tiff DO"r1a,t 9C99 Quad 19adr C;52 at Page 32 of the trd"a xiceards d that SAW C044*,Tiff 09"No.23257(011 aal Record book 269 at PW 51 G of the and r4W4t Rovora sf Anal TW Dead N0.240G7 (Official Record book 355 at rage 32 of the cad POW Racorda;the wind parcel of gird V"cantifiely WOW that composda of the tad nip foods roieirod w sboow the Bend psrael arum 3aefwum 26 and 27,Tournow 67 South.Range 25 Ead;and the sad pared of land ft"dutni+sd by om*40 A"baueda As fapolwa 0004MENCE at the vacianiedbon of the aaalley ra#4-0'way gins of.fosse C DAW Read oath the nurthedyt right-d-ury We of U.S.1`%#W W/1(State KWJ O)1 thsaoa on cell W&OW h'a sot-WAY lust of and Jww College Road for this follo"Seven(7)coweest (1)thence N 18141'1 Er W for 3G.1 G het to a pant of Cu visture of a arcrlr save concave to the 9outhe wk i2)therw na fthwadmty on the are of sad curve►ir"a rockvs of 2G5.00 Foat mJ A central anyla of 35"000Cr par 1 G2.94 last to as point of Ixngeichr,(3)thence N S314718'W for 272.5C fast to rw p0v4 of awww re of a cim"Or Curve tonievat to ft Nortlimol c(4)t hrnoa norllrwn tally to the Arc at sad oo urvs h+"a radouis of 9G 402 feat and a east**angle of 14.2W 40'far 80,91 full to the point of tar4wW.(5)thane+€N 39.21'38'W W 273.51 fast to the poet of is rvattnet of a effector curiae concave to the Nsrthafo*(aft them*acirtthwshhkw*car and north isdArIyr on taro are of said dive ft"a radhw d 444.65 lest and a cenrral ands of G2'3530'Mir 488.15 fast to a pant of tarrgeteyy(7) thence N 23'1252'!for 1122.43 apt themes N 454300T!for 106.37 peat t i the POINT OP BEGINNING d the haronalter dascrhbod parhnal;thence N 2743T West for a dataws of 1372.29 feat;thaeca North 42'23' East for a drstarri of 1225.00 hat;Vanes South 27'37'eset for a dapearree of 915.62 feat to this southeasterly boundary give d the Ands daaaatrad on Official Record DOok 8G7 at rags 1449 of the Public Records of Marcos Caa*y Mande;theses South 41.4430 Wad an the 5outheasNrly boundary lift of hha lands desimbad in the said Official book 8G7 for a Aetance,of 2G.65 hat to the Norkwbstrty boundary Miss of the wide described in Office!back 880 at"19G4 d the sad PubgiG Records;thence on the Noalhw+atay bouavdary gins of this IeiY descrObed in the sad 06=1 Recall book 880 on the follOW4 five(5)cowseu (1) continue South 4 1*40W West fir a Astsm;s of 438.20 het;(2)thence South 4811320 But for a datehca of 15.00 pert;(3)therfas south 414C391 West for a Astaws of 435.GG fast to the begvasn9 of a dove beat' oaicave to the Northeast and bung a MANO of 3"G.55 leek 0)doms Southeasterly 00 the sad Curve for an we Astanca of 23949 feat;(6)theme South 45*3OVr Weat for a datanve of 147.97 lest Iiack to da post of begahmng,l E98 the tdbwry sea(G)parcda PARCGt,b A Parcel of turd on and adpzmt to 9tod Island.monroe County.Florida;clad pared bang a pot of ays larals Asecribod at Tfip Dead ft. I OG99%M"Cask 0•52 at Page 32 of the Public R ww*of thwart Coui*.Tiff Dead No.23257(OHrart Rraoord Schalk 20 at Per"5 t 6 of the seed fibk Records)ant HIP Dead No.24007 (Ohl wl Retard book 355 at rages 32 of ate aed rulnec ReuMda;the suet pwod of brad yay aztoay srthm its rdapoeftar of that asro TW Ococla ralerred to abo u tha said prod Iyarg W bone Jamhofu 24;and 27.TG7 South.425 East;and the old pared of(+red b"dme ibad by mat"and bof A"As WMaw: C0VA4V4V At the Int ipon Of the> r4ht-�lima of*roar tofisgW 1110111411 ratht the earn cry ruyfr4.ol4usfI tna of U.S.nway 0t Otaft fiou+f W. thence Nt 8 A f't Vw for 3G.16 feat to a post of asva4tro of a curve Garave,to the 5outhemst;thane nadfeesterlyaef qua arc of said am"lrv"a riaies of 2G8.00 test and a central aragte of 35VG4001 for 162.34 Iset to a pant d tangeeoy.theme 115347 181 W for 972,54 teat to the point of Curvature of ji aarvo aeraco s W ON IMregrarh� thence wrdfavasterly an the we of cad carve"a rave of 3G 1.02 fart and a Central**a.d I A•2V 40 for 90.91#Aet to a pest of tar ow,awned NSW--I-C W for 273.51 fast to the pant of Curvature of a craw Concave to the Noethaut,th%War rer"WAuWty an and aordeaatwlt an tars arc d raid ourvc twang a radius of 446.85 feet anal a central ands d 62'111530 for 488,15 feat to a point of toy PW,,thema NW 13521E far 1122.43 Isak thmGe 14454SOV)"!for 279.04 lest to a pant of arwtns of a curve eoncei s to the Hortfwmtt theme northoietwhy an the arc of sad nerve atw.rsg a rrttdhuf of 3CA9.55 teat and a tetras angle d 2132W kv s datan ce of 1 G3.53 fog to this POINT OF VeGiN4114 of ins hwna(isr almcrhked Pascal b; theme N4C"49% W fir a A01a s of 220hil Oust to a pant of curvature of a auve Coweve to the Southeast;thence northeasterly on the arc of sad carve have"a railrua all 40.00 imt and a central each at 89423'2U for G2.41►eat to a pant d tsngeneyc tholes N42138'13'E for s dal ams of ow" 54l'4C3G'W far a dataroe of 97.29 fed to a pant of arwtks of a cirrus romava to#td Nor4ifa w*thews wolifuleatey an tha art d fait Curve Malang a raw" of 3G8C.55 teat and a ceakral&sots of 1611'01• far a drstaries of 7G.16 464 back 4o ilea POINT Or 89001111104. Cantu"43,111 o K 14,l 1.01 aaa hl. PARCEL C A panrai of wd on srd adpcast to Stock felaed,tviomos County.Monte,spa parod bevy a part of the lands described in TOP Dead No. t 9C99(Dot book G.32 at Page 32 of the Pubgie Records of the sod County,nr Deed No.23257(Official Rdoord Back 2GS at Pa"51 G of tha A&W Phnbgie ftwordy ant TOP Dead No.24007 (0101"t Roc oil book 353 at Page 32 of the sod rabhG Raaaday.tl>s sod prod of wW yay amoral/wits the mmyos6s of ties aaad TW ON$&relrrvW to atrovao the"W panr,.c hOM WMIA Sections 2C MW 27.T67 South.KZS sat the add paacei of wad hang davor*0 W seats xW bounaue as fellows; COIA*4eN(X at the; ritentectwnh of the rAaterf;r n*"-Wj1yrvhe of.wmw calls"xisad colt 00 northerly r4 hs d''wh'Arlie of U.5,theIffwry N I(Stele PAVW rs). Items NJ 8'4 111 V W kir $4.1 G teat to a pant cat ca vstwso of a Harts Concave to the Schifflimscuk Were rtvrtMvaatarly ar the am of red curry harms at*"of 265,00 fast mW a ow rail w4lo at 36 OCW pa 192,34 feat m a pswro of tangsnol,tfiar m V9347'f&W for 272.56 feet to the pant of aaysturs of a Carve Geneve to the Noeilieset: theme nortOwsst V an bar;arc of arid:+airvar hav"a rm^o of 3G 1..02 feat ant a Central aryl@ at 14.25 401 for 90.51 fast to a poet of tsryanoy,then= M39.213C W fa 273.51 feet to tha port d Curvature d a Curve Concave to the NaChaastl thence northivesterV on and nor theaatairfy on tad arc of sad Curve hairy a radars of 449.85 led and a central angle of G2'35'301 for 485.15 fed to a pant of tsnganhc5,Owe&N234I 315V E for 1122.43 fook thence ft451300r E for 27C.04 feet to a Pant of curvature of a Curve concave to the Northwest;tbea+oa nordeistsry on des we of said curve him"a radar d 3G8G.55 imc and a central angle of 343311 for a d d 239.G9 fast:thanca N4114C3C•E for a distance of 97.29 feet to the POINT Of WGiNNING of the harevell er dsecnbad parcel Ck thanes rf48'13'21'W icy a dastetrOs d 258.G7 tact,ttiesca N42'3813•E for a bstanee d 172,77 fed;thence 548413'241 E for a datarce of 249.02 Feet; thence 3414G3C W fa a distance d 172.50 fed back to the POINT OF BEGINNING. Cataesy 43,769 sq.ft,/141 acres. PARCEL 0 A parcel of lard an aid sdpeent to Stock Island.Monroe County,Flords:asd parcel berg a Part of the lards dea rdied in T111P Dead No, I9G99(DwJ Book G.f•2 at Page 32 0.the Public Records of the said County,TOP Deed No,23257(Official Record Book 2G9 at puts S I C of His and Public Ileaorde)ant Tiff Dow No.24OC7 (Olhcal RecoN book 355 at Paga 32 of the cad rut(ic Recorals;the seal parcel of Pant lying enhrsy antpaf the composts of Hie isard nlr Deeds Edo? d to Abom the said pared 1!n^9 oaths 5ectaa 26 and 27,TG7 South,K25 Eat;and the ssd prcal of lard bevy de efibad ty makes and bmfkb As WOrro: COMMENCE At the vow schm of this easterly r#*-o&war,line of Junior Celega Road vath the northerly ri#*-*ewy gins of U.S.thayhway 01(Scats Rand I5); thane N 18041'18•W for 3G.16 Feet to a port 01 Guryature of a Curve C WAve to the Southwest;dance norbavesterly can the arc of cad curve having s radars of 245.00 Feet AM a Central aryls of 35'OG'00'for 1 C2.94 fed to a part of tsnganey,thence N5314 P 1 C W for 272.59 feet to the pouft all Curvature of a e rve Gonceirs to the Northeast: !tones narH+wsrtarfy on the are of said curve having a asalim d 361.02 led ant a cowl angle ei 14'213'40'for 90.91 fast to a pant of by iffIla y;dhehre N39121'38'W for 273.51 feat to the paint of cur rvWa,of a curve cancers to Ole Northeast;thence northwesterly on ant northeasterly on ft we d sad Cove beery a radius of 44G.65 fed and a rental angle of C213S301 far 486.15 past to a pant of tan &W.thsnos N231I V521 E for 1122.43 feel;thence 44513007'!for 27G.04 fed to a past of Curvature of a aria concave to the Northwest,dhenca nort issis"an the arc of seal curve having a rid"d 368G.55 Feet ahrd a 4d" argla of 314VS 1'for&datanos of 239.63 feat:thence 441.463G1!for a distance of 20.79 feat to the POINT Or N*INWNG d the Irasrafter def rbed Pascal Ole thence N48'13'24'W for a distance of 249.02 past;theme;N42•38131 E for a deters of 15.71 feet to the pant of cufvetvs of a Curve oasis to the Southeast;thaws northasstary an the ace of aawl arve hairry a radius d 300.00 led AM a central ands of 23*55221 for 125.2G lad to a part of tangewy; thence NG8'5440C E for a distance d C9.99 tool!totes 34M 131241 E for a aiftaru of I G0.71 feet; theses$4104G'39 W for a Mtame d 32,13 fast;thane 548'13'24'!for a"bWe of 15.00 feet thane S41'4C3C'W kx a dnttaraw of 195.87 het back to tea FCHMT Of WGINNIIG, Confer"44.227 sq.ft,/1.02 acres. C.20.b PARCEL C A pn osl of land a+Arta ad ood at to stack lobed.1,ao.vom Catnty.l•wubt sad VN44 bang a part of Mte Wade dnscnbad rn'Tllf 0edd Nm t 99"#Aftd BOA a-=at Page 3e of ow Pepte K000r"of star sand Garnty,IW(end fro.23257(mat Rawp d Borate ZGS st"51 G of W4 Sod♦+drto R,rconrla).and TNf O d No.240GG7 (C)MCd Rawmi Boca Stiff at pose 4Z of UK cad MoKe Kdoorda:the nod IWOW d1 land"OnWely WM*"the Contpooilo of the"W Tom'Deeds ra8anmd to ab~% rite"a}race fptvs vatlrn Spa 2G"a 27,Tarp C7 30vw,goo 25 Ca04 and 0W Bard pa+�of toad box dift 64d by moron&W bo WS,#k4o"'- COMMOKX at tfr WoAr"c"o1 of fire daataafy r4*-W�irk Of A Mwr C4116 o Faad With the W01140Y nglrce+�lore dt fi.5."W Mraay 01 Ptata Rase 05), tAmmoe N 1 got 1'f W W for 3G.t4 kA to r 004 of oNvaRare at a A%vo,eatrneave to the Sarglwra t;move nwWwmStaarty on tfls arc of srwd cove ft"a fAAA0 of 265,00 fast AN a c4r6al sryla of 3$VCW tar f 62,34 feet to A romt of bngo y.OWWO N53'47'f V W(W 272.59 fmaC t O the raft of cAMWO of a Aft*umtaws to Mom WoAr%t ;"sea"rorom o4flOr on itm arc at awe tovs h"a aadsw of 3C1.02 feat Md a rat"ang)a of be 2W 4W for 00.91}cat to a of fat ouloyt theme UllrZ t 3g'W 1W 273.E I loft to font of OW of.aavae canawt to qft Olaf W"t;owl"nll* Y on Ano rraomsto^M an ow am of red carve-naam'4 a rasimn of 44G.g5}cot mW a central Mgis of C2*3530"her 466,15 feat to a pane of tarr"W,M omix NM f 3'Sr C for I I MATS flint;ormtce N4S*3aO7*C for 276.04 fat to A pant of ral AW4 of a*jrM amlC*a W tM NpetAwaak•*Aft*00"Aartarfy On the are di seed dan.,te Away a ra"of 3GK.55 feat sod a ceskral avid d 3r4V,3 t*for a aYatanor of 939 C9}oat:Om oos N41*4C'39'C form dottn"o143S.C4 6W;thos m N4fa*19'2'4'W fora Aotarrres of 15.00 feat;tha^"aa41*4G'36'C for a dwtancs d 32.13 feet to taa►1'1 W Of W M ONG of 19is hs smaRW darar44e4 PH"F,,Moffat t"4V 13'24r W for a dwtaMuw of r C6,71 tarot;.tnanca NCt1'S531*C for a.dotmum of 20,47 toot to Ow raft on a-cwra c4mWo to Wwa Nordwak►t flawnsj.a dwrd beaysfg 931*49'OAT for a Astarrst 01 126.04 tact thdace AMOWA 0V on Won set of cad cWva A riefrn of 167.94 feat and a 4MVW rn�te of 3&S I WC`ter 127.48 fee to a potrth Omm" N3&i 0TV C tat a drrtanor of M 13 teat;owerace 541Y f 3'24'E fora dosam of 106.56 tea:thence 94 t 4O3C*W fora amens of 221.46 look Oozk to the M14T of W-4x 1NG. })deer w tract ow tom 0A)a atrq AY>f5:OK it55, t A,itCf�f ' A poroaf of tend on 04 Myra"to 9tod 10101d.Mmw Cowrty.Mn%, 4wr aaut FWAO bawwff a pert of Mrd rasde edaanbad M Tllf Dead No, I SM(Dom Doc*4-52 at Page 32 at the pdpb4*ooes,da of no nod Corsoty,TW 0odi No.23257(0000 Roca'd}took age at fags 51 C of Md wd tic RAOordr)andW Told fb.2,4097 tLXf"RAZWO Sock 3554 t'bgs S,7 of Ow food PAW R000rdar ties srd Faroe;of ta.vf 1ya►9 dram*radMn tits ro om of ow sad TOW Deeds fafdnrari to above, � na*ow rarwaa yteg w m Satrmta 2G aM 27.Tov**p C7 9ookw.Ravp 25 East«arwd Owimd p*md of land bratyi desartfaad by m&W afd bowtaia as lokw r C omm*lm at the obasecoam of the eastartr r*t.o!'Wry Nnd df,R.nor Cafoya bleat!*o ow ewrefNFrty r tt d wty tares of US.i44swy#f gkolw Rortd+Fat VwAoe teat N I d*t f'f g'w for 34.14 feat tri s mart of tasvawra at a pavro e:oticave tm qta 5osthwaastr tlaeatca awrgroreatay on flea art of reed awns++r4.ng a rodeos d 24"'w.00 and a control mqa of 55*04.W far 142.34 feat to a rare d tangaaoy;thmwts*53*4711 Lr'W for 272.56 tat to fees P of Cravatarrm of a a m comma to O Ow We rOwsst;Oww.n fly on the are.of add wren ha"a redraw of 391.02 feet Ana a aslltrel melee of 14*25`4Dr for 00.91 feat to a rp dt of tw4vocy t mv4 N3V2 V.W W for 8'T3.5I feet to the roans of curwim a of a combs tnoeeva to the Wool aart.Omvv fowtk"Aady an vW wx*&astary o0 the arm of sad cvrva bonier a maws el 44c.aa fads and a Cotral anryle or 6 b'30'Poe 4".1 S tact W a soft of OmowW.them&N2Etr l TW C for 1122.43 drew N45*3f yr P Iw 276.04 teat ter a Pert of omriftwo of a cove contort to the Atartln4a4 fawned"Womaotaly on fAa set of sated farce a of 398C.55 few and a 4&vaal w#4 of 3r4331*Wa 4otanea d 2.".0 fodt,tlod000 W41r�46SW a fora Awaits e4 A33. rS le-mo,that"W4MI3';� motto of rdr a AstMCd of 15.00 Poch fto m N4►*4CISW E for a dtrtsrtcffi of 253XZ feet to Mao WWI`Or DEGINNINGi Umf"N4W f 324 W for A dNltrrms of POC.71 teatr OmV s N114*01SW'f for CL a drab=&of 251.34 fssty WiWA 527*P17gtY E tW a Attar"of 243.5d feet;tlwwwa S41*4CSC'W for a Aetbx%"of t C4.71 brat bads W the PYSk#F Of "W"MG. Daacrrbad tract cdlat errs 1,02 scres MAX OR ttso. PARM G A parosl of W4 on and adpcmt to Stood Ward.Warne Gecatty,Mandw card psarcal baf 4 a raft of the bads dascrrbmd to TTtr peed tfo. 1909 Pao(Soak G•32 at Pa4at:32 01 the PAAAC Record+of fhC#AW Covnfty,T)ff Osed No,23257(000col Rowrd book 2"at Pigs 31 C of*a sari!P*fic tpeoe tW and TOW DuW No.24OC7 (Ofiwoel RacorM!lock 355 at PWgn 32 of t/M egad Pattie Records;the ratd poor}of And"%evsor4 f oWW Mr4 compasate of no rod TV Ponds rahaer'ad to Am oe: the sad poonl 4",•Man Sectuve 2C and 27.Toonsfap G7 South. 25 Eastr MO tlwe sod paned of tame}way aeernbsal by tees}►and bomrde as fold ta: � CK7mmemCC at the attomvi*oa o1 the aostarly r7gi"-my 4rws Of.l~GO&O ROsd rook OW A*AhdrV rq*,4-A"OWN or 1i.9. f#I i".h tt4 Road f5p, thence � N16'4f'1fSW for 3C.ICteattoaroarofarvatt 44a CWV6 owumm to*A-0vullmost;"Wocit o0rowmatotydofleaantdsaw OW04b"amacDO2¢340 � toot ford it omttrm a4a of 35w0000'for 142.34 foot W a rant d%w4mcy:tl4 wA NSV471 iS W for 272.SG}set to the Pawrt of Wov&Wm of a P*w ow"we to tic fAa tot afoot tholes wry an Owe arc d Had oovs Mealy a seem d SC 1.02 fa A ow a coots}sofa of 14*29 40P for 9"1 fast W a pm*of tar4olt" O Mrearte N39`213g'W far 1'73,51 Feet to tt m posit ai Cwvatws of a arrvs conarrvs to ow f'tortffaaatt"enoe ndrv**$ r at and rtoa"Wasterty o m oo am*(aloe/ oAva havtr4q s radnx o+44C.4121 red and a raattral arayis of C2r3s8171'for 4gg.15 telet po a pant d tanyeaaay lttarKs it28'13"32*Q for 1 122.43 fast;ownget N4 5*30'Or C for 274;V4 fast to a roftt of C#Natand of a 0vrv4 OW40WO tea ON NCOOJOWOMFi thoWo aorbWWGt V Cat OW art 41 read rWWt t+"a Isiolwo of 3COC SS � Root and a rav**angle of 3*433 f*for A shstAWA of 299.C3 Wit;thetas W41*46%1 E fee a dntaf"of 435.CC fort;Vowe M46013�'e f`W Ink a fps of 15.00 loft thous N4 I*463C'!kw a drab woo of 41&34 teat to the 00NT Of MANN00,a w4w N27r3?VM W for a ooftmo of 248.5g teat:Ow"fi'3C"r'S"3'f)tY E for ¢ a 44tance of 4022 teat thedca 3a'7*37'DO'C for a 44boas of 247.55 hmt tow"54 f*403C*W for a*okwa of 4C.S 1 last 0#4k to tsar ot CP DEf WIMG, � Oatsanbod tract eontsara 0.25 arts MM OK lf�B. 06 tU O r a Lo a r N O U Packet;Pg.765 • C.20.c AMY REAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTT,FLORIDA DATE: July 19, 2016 TO: Kevin Wilson Public Works/Engineering FROM.• Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller E At the April 20, 2016 Board of County Commissioner's meeting the Board granted approval and execution of the following Item C23 RoaW gm&Aed-approval of First Amendment to the Amended and U CL Restated Contract with The Florida Keys Society for Prevention of Cruelty to Animals, Inc. (FKSPCA) for operation of the Key West Animal Shelter reflecting a CPI increase of 0.7% effective May 1, 2016. N N Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any n questions,please feel free to contact our office. cc: County Attorney Finance File 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax.305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146 Packet;Pg.766 • C.20.c FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) THIS FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT is entered into this day of rl I , 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; WHEREAS, the parties entered into an Amended and Restated Agreement on May 1, 2014 for the FKSPCA to provide long-term animal control services and enforcement and to build a new Key West animal shelter pursuant to the provisions of F.S. 287.05712; and WHEREAS, the FKSPCA has requested a CPI adjustment as allowed under the CL agreement; and WHEREAS, for clarification Paragraph 4 is being revised to reflect that the Consumer Price Index (CPI) adjustment shall be calculated using the CPI for the recent 12 months ending in December of each year; and WHEREAS, in order to avoid request for retroactive CPI adjustments, language is being revised in Paragraph 4 of the agreement to require CONTRACTOR to request CPI adjustments CL no later than January 31; 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 N 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: 1. In accordance with Paragraph 4, RENEWAL the contract amount is hereby adjusted by r_ .7% CPI for all urban consumers (CPI-U) for the most recent 12 months ending on W 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 1 st. Failure to timely request annual CPI adjustments will result in waiver of the CPI adjustment for that year. 3. The Section titled "Insurance Requirements for Contractors and Subcontractor Engaged by the FKSPCA" Under Paragraph 9 shall be amended by adding the following language: The FKSPCA, its Contractors and Subcontractors will be held 1 Packet;Pg.767 C.ZO.c responsible for all deductibles and self-insured retentions that may be contained in the Insurance policies. 4. The Section titled "Builders Risk Insurance" under paragraph 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 respective names. CLERK BOARD OF COU Y COMMISSIONERS 83 OF MONROE C FL &Xd5 • BY: • :�,440•` erk 7_�q�]� Mayor/Cftrirman E Date: 7' 9' l u CL Witness Signa ure THE FLORIDA KEYS SOC TY FOR �L ,,, (,r . 1-��c�, c tL-- `�1tS��G� THE P EVEN ION O C ELTY TO Pr' Name Date ANIM L, 1Njt W' ness Signature By: ��cE �TE2�to� ®4'3S11b President Print Name Date ( /� Date: 0 (gyp Address: S a_' a -� Q✓ x O rn 3LA- p �t .y. 2 Packet;Pg.768 WIN FLOR-46 OP ID: CH ACORJt7�" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 0710112015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ON TACT NAME: Atlantic Paciflc.Key West PHOFE 1010 Kennedy Or,Suite 203 tArc,No e,.3D5-294-7696 AJcNol305-294-7383 Key West FL 33040 n�E Richard F(oran ss:chernandez.4Dapins.com INSURER(S)AFFORDING COVERAGE I NA.0 1 INSURER A:Penn-America Insurance Co 132859 INSURED Florida Keys S.P.C.A. INSURERS:Progressive Express i02962 5230 College Rd INSURER C:Old Dominion Insurance Co. :40231 Key West, FL 33040 I INSURER 0 INSURER E: ' CL INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTW]THSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS O CERTFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS R TYPE OF INSURANCE N POLICY NUMBER (MI LIDDJYYYY MMADIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY i c'.':H�� .RRE'rE 4 2,000,000 1 " CLat.tSr.10E 0<C R X PAV0062413 07101/2015 07/01/2016 E , . 300,00RE , 5,000 2,000t 000 CL F� rF,4$ iG' IJIJ " 1 - .AGGREGATE Lta''APPUESC�ER fcr.c� + "RE i 2,000,000 LICY PRO .00 FRC�f > C P �; 6 Included ' OTHER vet Prof. { 1,000,00 ! ALROMOSILELIABILITY 1,000,000 Ea xc..ra, B �'IY AUTO X 064564547 06/30/2015 06/3012016 c,1plLt r,L,�;R+iF.p., C9 A_LOWraE; F:+. _ CD 'A,TOS I� A T.3 EGCALr r L'Rv iP ^rngr i � �--I F� I r r F .Fer_a r3r:t CV rHREpA:,T?� I A�T�S H P, - ; I i UMBRELLA UAS E{,CE EXCESS LIAB I� OED i RETEN-'11 S !s WORHEIRS COMPENSATION AND EMPLOYERS'LIABIUTY Y!N ANY PRCPRfETGRrPARTJEREX{CL",E —""I :E. -,- T 1 i CrPCERIJ,IEMSERE'CLL:CED` NIA IMandalary In NH} tyes descnCeunder DESCRI�iIGt!CF OFERAT 5:a�zr - CJ aaa ='°r l; N r C Bond F1710602 06/26/2015 06/2612016';Employee 100,000 ;; Dishonest O I DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORO 101 Addttfonai Remarks SChedUls,may be attached It more space Is required) (, APPQ !V N .GENIEN1T DATE W.AIV R N/A E CERTIFICATE HOLDER CANCELLATION MCBCCOM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton Street AU`HORIZEDREPRESENTATIVE -gilt. Key I Key West, FL 33040 A/r n OO 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Packet;Pg.769 CSR:CH ACORO DATE(MMIOD1YYYY) `,,.. EVIDENCE OF PROPERTY INSURANCE 07l0112015 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AGENCY arC E*1.305-294-7696 COMPANY Atlantic Pacific-Key West Lloyd's of London 1010 Kennedy Or,Suite 203 1 Lime St. Key West, FL 33040 London Richard Horan FAX E' L Arc Nc 305-294-7383 ADDRESS CODE: SUB CODE* AGErIGv FLOR46 cI�sTDMER ro r:_ INSURED LOAN NUMBER POLICY NUMBER 1BOFTL15688 Florida Keys S.P.C.A. EFFECTIVE DATE EXPRATIONDATE 5230 College Rd 07/12/15 07112/16 X rrt = OL Key West, FL 33040 THIS REPLACES PRIOR EVIDEPICE DATED , u� PROPERTY INFORMATION O LOCAT IONIDESCRIPTIO N 5230 College Rd Animal shelter Key West,FL 33040 m THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED OL NOTWITHSTANDING ANY REQUIREMENT, TERMS OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH -H!S EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDIT ONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS COVERAGE INFORMATION .d COVERAGEf PERILS f FORMS AMOUNT OF INSURANCE DEDUCTIBLE to Premise 1 Building 1 r" BUILDING XWND 120000 100 CONTENTS XWIND 26000 100 tCD V PROP IN TRANS XWINO 10000 100 tV THEFT EXCLUDE 5230 COLLEGE Rd-Key West Premise 2 Building 1 BUILDING XWIND 220000 100 O XTHEFT 21251 OLD State Rd-Cudjoe Key O REMARKS(including Special Conditions J l i E INT u'tIL�+�f m WA R N• •C O CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS nn t .iEE x :> ,a Monroe County Board of County Commissioners AUTHORIZED REPRESENTATIVE 1100 Simonton St Key West, FL 33040 L. ACORD 27(2009112) ©1993-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet;Pg.770 EVIDENCE O PROPERTY INSURANCE sATrz► PROPERTY SCHEDULE 0710112015 PAGE 2 PROPERTY INFORMATION LOCATIONIDESCRIPTION 21251 Old State Rd 4A Cudjoe Key,FL 33042 Dwelling-single family-no pool PROPERTY INFORMATION ....:. CL rr PROPERTY INFORMATION LOCATIONIDESCRIPTION co PROPERTY INFORMATION ,OCATIONIDESCRIPTAN CL to PROPERTY INFORMATION Tr- 'LOCATI rYD SC ION N CD PROPERTY INFORMATION E jLOCATI0NI0ESCRfPT10N N P' PROPERTY INFORMATION LOCA !YD SCRI�PffON PROPERTY INFORMATION FLOCATIONIDESCRIPTION ----._____-___,.___.._. ATTACH TO EVIDENCE OF PROPERTY APPLICATION Packet;Pg.771 ® DATE(MM=NYYY) ACOREo CERTIFICATE OF LIABILITY INSURANCE 164� 316/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed, If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER SUNZ Insurance Solutions LLC. ID: (Kymberly) NAME" Phil Martina c/o Kymberly Group Payroll Solutions, Inc. PHONExt) ao7•Z2B saze ac No 3218 E. Colonial Drive, Ste F QUAIL Orlando , FL 32803 ADDRESS: INSURERS AFFORDING COVERAGE ►aAIC a INSURER A: SUNZ Insurance Company 34762 INSURED INSURER B: Aspen Re-London-Best Rating"A" T: Kyymberly Group Payroll Solutions, Inc. INSURER c: Catlin Syndicate-Lloyds-Best Rating"A" 3218 E Colonial Drive Suite F INSURER D: Brit Syndicate-Lloyds-Best Rating"A" Orlando FL 32803 INSURER E INSURER F; COVERAGES CERTIFICATE NUMBER: 23740835 REVISION NUMBER: ' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NDICATED NOTWiTHS TAN DING ANY REQUIREMENT. rERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE iSSUEO OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I POLICY EFP P Y EXP LIMITS TR TYPE OF INSURANCE i P%ICY NUMBER WOO M COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE i S F.-T CLAIMS-MADE OCCUR PREMISES �s ocwnenaal GEM M `l,n}j+! MED EXP'A one Person) I s DA - -- !`Y 7(�Cl• , "L PERSONAL d ADV INJURY i S L/h V I GENL AGGREGATE LIMIT APPLIES PER, •f' $�. t/' - /�r)/J i GENERAL AGGREGATE s __ DPOLICY P4 7 LDC �- J PRODUCTS-COMP/OPAGG s OTHER. I b AUTOMOBILE LIABILITY M IN i L LIMir S ....- I LEe aCCldent) ANY AUTO j BODILY INJURY(Per person) s ~�I ALL OWNED 7--SCHEOULED I hBODILY INJURY(Per acr:denl)i$ AUTOS I--'NO N-0WNED i I PEOPE�RQ YIOAMRGE 1 s F---� CD HIRED AUTOS AUTOS f! I S i CD UMBRELLA LIAR i :OCCUR ! EACH OCCURRENCE '_$ L� i i EXCESS LIAR 17 CLAIMS-MADE AGGREGATE is a) OED RETENTIONS s A WORKERS COMPENSATION WCPEOD000152 03 3/1/2015 3/11201 E i" , AND EMPLOYERS'LIABILITY YIN,. i I V ,STATUTE I ER i ANY PROPRIETORiPARTNER,EXECUnVE IIIII E L.EACH ACCIDENT 5 1'ODO•Wo OFFICERMEMBER EXCLUDED? (Mandatory In NH) I i E L.DISEASE-EA EMPLOYEES 1,000•000 It yYes.descnbe under ¢' DESCRIPTION OF OPERATIONS below I E.L.OtSEASE-POI�CY LIMIT s 1.�U•�0 B !Workers CompensationI This is for Informational purposes r" C 'Excess Coverage and nothing shall create any right i p under cur ,reinsurance. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,AddHlanal Remarks schedule,may be attached If Don*pact Is required) Coverage provided for all leased employees but not subcontractors of:Florida Keys Society for the Prevention of Cruelty to Animals,Inc Client Effective 6/3012014 Reference site Monroe County BOCC CERTIFICATE HOLDER CANCELLATION 1123 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPtRATtON DATE THEREOF, NOTICE WILL BE DELIVERED IN 1 100 Simonton .Sit ACCORDANCE WITH THE POLICY PROVISIONS. Key West FL 33040 AUTHORIZEDREPAESENTATWE "0" Glen J Distefano ' *� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD `tPT MO.: 2374093S Melinda Lynch 3 6 491E 1 Sr.00 PM ICST% P*" : :t 1 Packet;Pg.772 C.20.d KEVIN MADOK, CPA MONROE COUNTY CLERK OF THE CIRCUIT COURT&COMPTROLLER DATE: May 25, 2017 TO: Alicc Stcryou Contract Monitor FROM: Pamela G. Hanco��kc- SUBJECT: May 17di BOCC Meeting Attached is a duplicate original, ol'each oi'the below, for your handling: C34 Sixth Amendment to the Assigned Agreement with The Florida Keys Society for Prevention of Cruelty to Animals, Inc. for operation of the Marathon Animal a Shelter for 2.1%CPI-U adjustment effective July 1,2017. The agreement amount will increase to $254,531.52/year or$21,210.96/month. C35 Second Amendment to the Amended and Restated Agreement with The Florida Keys Society for Prevention of Cruelty to Animals, Inc. for operation of the Key West Animal Shelter reflecting a CPI-U CL increase of 2.1%effective May 1, 2017. The agreement amount will increase to$529,495.80/year or $44,124.65/month. Should you have any questions, please feel free to contact nie at ext. 3130. Thank you. cv LO cc: County Attonicy j e-mail Finance «'a e-mail E File cv Packet;Pg.773 SECOND AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) THIS SECOND AMENDMENT TO AMENDED AND RESTATED AGREEMENT is entered into this 17th day of May, 2017, 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 Amended and Restated Agreement entered into on May 1, 2014, ("Agreement") as follows; WHEREAS, the parties entered into an Amended and Restated Agreement on May 1, 2014, for the FKSPCA to provide long-term animal control services and enforcement and to _ build a new Key West animal shelter pursuant to the provisions of F.S. Sec. 287.05712; and WHEREAS, the terms of the agreement provide that the contract amount may be adjusted annually by the percentage change in the Consumer Price Index (CPI) for all urban E consumers (CPI-U) for the most recent twelve (12) months available ending in December of each year ; and E WHEREAS, the FKSPCA has timely requested a CPI adjustment as allowed under the CL Agreement; and IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. In accordance with Paragraph 4, RENEWAL, the contract amount is hereby adjusted by LO 2.1% CPI for all urban consumers (CPI-U) for the most recent twelve (12) months ending on December 31, 2016. Effective May 1, 2017, the total compensation paid to the Q `cD Contactor for its services under this agreement shall be Five Hundred Twenty-nine o Thoemand Four Hundred Ninety-five and 80/100 ($529,495.80) Dollars per annum or w = Fog5afour Thousand One Hundred Twenty-four and 65/100 ($44,124.65) Dollars per cc at m i. U O tV QInxil respects, the remaining terms of the Agreement entered into on May 1, 2014, w _ nc onsistent herewith, shall remain in full force and effect. U_ L '. NESS WHEREOF, the parties have caused these presents to be executed in the t'�spxla rs �. , CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORID BY: „/� y:.,44. Deputy Clerk Mayor/Chairman Date: 5117/z o -7 MONROE COUNTY ATTORNEY'S OFFICE Page 1 of 2 A PROVER AS P & PATRICIA EAB packet Pg.774 ASSISTANT COUNTY DATE: 5- Z 1 sq Wit ss Signature THE FLORIDA KEYS SOCIETY FOR F THE PREVENTION 01, UELTY TO P ' t Name a ANIMAL GS \�11 r) W'tness Signat e By: c tt u C3S 1 President Print Name Date Date: FL t� Address: CL - 3 N LO N Page 2 of 2 Packet;Pg.775 CKevin Madok, CPA Clerk of the Circuit Court& Com troller— Monroe Count Florida Y1 DATE: June 11, 2018 TO: Tina LoSacco, Sr. Technician Wastewater FROM: Pamela G. Hancock, Deputy Clerk CL SUBJECT: May 16' BOCC Meeting Attached is an electronic copy of the following Items, for your handling: E C6 First Amendment Contract with Florida Keys Society for Prevention of Cruelty to Animals, 0) Inc. for operation of the Marathon Animal Shelter reflecting a CPI-U increase of 2.1% effective E May 1, 2018. The agreement amount will increase to $434,435.50/year or$36,202.96/month. e( CL C7 Third Amendment to the Amended and Restated Agreement with Florida Keys Society for Prevention of Cruelty to Animals, Inc. for the Key West Animal Shelter reflecting a CPI-U increase U- of 2.1% effective May 1, 2018. The agreement amount will increase to$540,615.12/year or $45,051.26/month. `-' co T- CD cv Should you have any questions,please feel free to contact me at ext. 3130. Thank you. n r9 cc: County Attorney_ Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg.776 THIRD AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) THIS THIRD AMENDMENT TO AMENDED AND RESTATED AGREEMENT is entered into this 16th day of May, 2018, between Monroe County Board of County Commissioners ("County"), and Florida Keys Society for Prevention of Cruelty to Animals, Inc., a Florida not-for-profit corporation ("FKSPCA" or "Contractor"), in order to amend the Amended and Restated Agreement entered into on May 1, 2014, ("Agreement"), and as amended on April 20, 2016, and May 17, 2017; WHEREAS, the parties entered into an Amended and Restated Agreement on May 1, 2014, for the FKSPCA to provide long-term animal control services and enforcement and to CL build a new Key West animal shelter pursuant to the provisions of Fla. Stat. Sec. 287.05712; and WHEREAS, the terms of the Agreement provide that the contract amount may be adjusted annually by the percentage change in the Consumer Price Index (CPI) for all urban consumers (CPI-U) for the most recent twelve (12) months available ending in December of each year; and WHEREAS, the FKSPCA has timely requested a CPI adjustment as allowed under the CL Agreement; and NOW, THEREFORE, IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: co T_ CD 1. In accordance with Paragraph 4, RENEWAL, the contract amount is hereby adjusted by LO CD 2.1% CPI for all urban consumers (CPI-U) for the most recent twelve (12) months ending on December 31, 2017. Effective May 1, 2018, the total compensation paid to the 0) Contractor for its services under this Agreement shall be Five Hundred Forty Thousand Six Hundred Fifteen and 11/100 ($540,615.11) Dollars per annum or Forty-five W Thousand Fifty-one and 26/100 ($45,051.26) Dollars per month. 2. In all other respects, the remaining terms of the Agreement entered into on May 1, 2014, as amended, not inconsistent herewith, shall remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 1 of 2 THIRD AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) Packet Pg.777 THIRD AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) 1 3 SS WHEREOF, the parties have caused these presents to be executed in the s mes. 1 O C P ADOK, CLERK BOARD OF COUNTY COMMISSIONERS R 4 OF MONROE , F IDA RC�uNTv 0•t�i By: �ti-�- By: Deputy Clerk Mayor/Chairman CL Date: r r CONTRACTOR: E Wi ss Signature THE FLORIDA KEYS SOCIETY FOR &I-r4jq `. / } l- ��oZ l7 S THE PREVENTION OF CRUELTY TO Pri ame Date ANIMALS, INC. tig ature By: ZU 18 Director/Treasurer 00 Print Name Date CD CD Date: SIll LO Address: 2 3 o La �-,ti .if rA�•L 1=' � v ' c >` a c, nr a t _. MONROE COUNTY ATTORNEY'S OFFICE PPROVED ASa'O FORM PATRICIA EABLES ASSISTANT COUNTY ATTORNEY DATE: ( —A F Page 2 of 2 THIRD AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) Packet Pg.778 CKevin Madok, CPA Clerk of the Circuit Court& Com troller— Monroe Count Florida Y1 DATE: October 25, 2018 TO: Tina LoSacco, Sr. Technician FROM: Pamela G. Hancock, Deputy Clerk SUBJECT: August 15'BOCC Meeting -� a. Attached is an electronic copy of Item P5, Fourth Amendment to the Contract with Florida Keys Society for the Prevention of Cruelty to Animals, Inc. (FKSPCA) to add up to $196,696.00/year to the Lower Keys animal control contract to proxride funding for increased E operating expenses for the new animal control building, for your handling. W E Should you have any questions,please feel free to contact me at (305) 292-3550. Thank U you. CL U) co - CD LO T- co CD cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg.779 C.ZO.f FOURTH AMENDMENT TO AMENDED AND RESTATED CONTRACT (Operation of the Key West Animal Shelter) THIS FOURTH TO AMENDMENT TO AMENDED AND RESTATED CONTRACT is entered into this 151h day of August, 2018, between Monroe County Board of County Commissioners ("County"), and the Florida Keys Society for Prevention of Cruelty to Animals, Inc., a Florida not-for-profit corporation ("FKSPCA" or "Contractor"), in order to amend the Amended and Restated Agreement entered into on May 1,2014,("Agreement"), and as amended on April 20,2016,November 22,2016,May 17,2017,and May 16,2018;and WHEREAS,the parties entered into an Amended and Restated Contract,on May 1,2014, for the FKSPCA to provide long-term animal control services and enforcement and to build a new Key West animal shelter pursuant to the provisions of Fla. Stat. Sec.287.05712;and WHEREAS, on April 20, 2016, the parties entered into a First Amendment to the Amended and Restated Contract, which provided for a CPI adjustment, revised Paragraph 4 of the agreement with regard to the date for the request for CPI adjustments, and revised Paragraph 9 as to certain insurance requirements; and WHEREAS, the parties entered into an Addendum to the Amended and Restated Contract on November 22,2016;and co WHEREAS, on May 17, 2017, the parties entered into the Second Amendment to the T_ Amended and Restated Contract,which provided for the annual CPI adjustment;and LO T_ co WHEREAS, on May 16, 2018, the parties entered into the Third Amendment to the Amended and Restated Contract,which provided for the annual CPI adjustment;and E WHEREAS, the new Key West Animal Shelter Facility ("Facility") is completed and a E Certificate of Occupancy will be issued forthwith, and the increased size of the new Facility and capacity for more animals, will cause an increase in cost directly related to operation of the new Facility, and WHEREAS, the Amended and Restated Contract provided that upon completion of the new Facility,the County would increase compensation to the Contractor;.and WHEREAS, the parties agree to enter into this Fourth Amendment to reflect the projected increased costs for operation of the new Facility; and WHEREAS,the County desires to revise the non-discrimination clause to correct certain scrivener's errors and update current revisions pursuant to County ordinances;and NOW, THEREFORE, IN CONSIDERATION of the mutual promises contained herein,the parties hereby agree as follows: ' 1 Packet Pg.780 C.ZO.f 1. The FKSPCA has built a new and improved Key West Facility pursuant to the terms and conditions of the Amended and Restated Contract and seeks to increase its annual payment amount set forth in Paragraph 2 of the Contract. The Contractor expects to have increased costs to include but not limited to, electric, water, sewer, insurance, maintenance,and staff. 2. Paragraph 3.B.of the Amended and Restated Contract provides as follows: "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 lire ne►v Facility, i.e. increased staffing, utilities, insurance, repairs and maintenance, will increase compensation, in an amount to be detennihhed, on a reimbursement basis in compliance ivith the provision for payment as set forth in paragraph 2 above. Additionally, repairs that are estimated to cost over E $1,000.00 and are approved by tlhe Director of Public Works, or designee may be paid directly by the County, and shall be in addition to the total compensation amount set ford:in paragraph 2." 3. The estimated increase in expenses, based on the current levels as submitted for reimbursement by the FKSPCA in June 2018 and/or quotes obtained by the FKSPCA for certain services,are as follows: CO A. The current electric utility costs allowable are up to Twelve Thousand, Seven T- Hundred Fifty-six and 00/100 ($12,756.00) Dollars per year as part of its normal LO current stipend. The projected maximum allowable annual amount, which are CO CO CD documented and exceed the current amount, will be up to Forty-seven Thousand Two Hundred Forty-four and 00/100($47,244.00)Dollars. B. The current water utility costs allowable are up to Four Thousand Two Hundred Thirty-six and 00/100 ($4,236.00) Dollars per year as part of its normal current E stipend. The projected maximum allowable annual amount, which are documented and exceed the current amount, will be up to Two Thousand Sixty- four and 00/100($2,064.00)Dollars. C. The current sewer utility costs allowable are up to Six Thousand Six Hundred E Twelve and 00/100 ($6,612.00) Dollars per year as part of its normal current stipend. The projected maximum allowable annual amount, which are documented and exceed the current amount, will be up to Three Thousand Two Hundred Eighty-eight and 00/100($3,288.00) Dollars. D. The current insurance costs allowable are up to Fourteen Thousand and 00/100 ($14,000.00) Dollars per year as part of its normal current stipend. The projected maximum allowable annual amount, which are documented and exceed the current amount, will be up to Fifty-two Thousand and 00/100 ($52,000.00) Dollars. E. The current costs for maintenance agreements for HVAC,elevator, generator, fire sprinklers, fire alarms, roofing, irrigation, telephone,janitorial services in public areas, and other similar items will also be increased at the new Facility. The projected maximum allowable annual amount, which are documented and exceed 2 Packet Pg.781 C.ZO.f the current amount, will be up to Fifty Thousand One Hundred and 00/100 ($50,100.00)Dollars. F. The current staffing required for the new Facility will increase due to the increased square footage and the required cleaning procedures, in addition to the increased capacity of housed animals and the additional care that will be required. The projected maximum allowable annual amount, which is documented, will be up to Forty-two Thousand and 00100 ($42,000.00) Dollars, which includes salary and benefits,for one additional full-time employee. 4. Paragraph 2 of the Amended and Restated Contract, as thereafter amended, is amended to read as follows: 2. AMOUNT_OF AGREEMENT/AVAILABILITY OF FUNDS; The County, in consideration of the Contractor substantially and satisfactorily E 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 E pay to the Contractor a not to exceed amount of Seven Hundred Thirty-seven Thousand Three Hundred Eleven and 11/100 ($737,31 IA 1) Dollars per year on a reimbursement basis equal to 1112 of this amount or Sixty-one Thousand Four Hundred Forty-two and 59/100 ($61,442.59) Dollars per month, subject to the specific limitations as delineated in paragraph 3 of this Fourth Amendment as to the line item expenses set forth herein. If a reimbursement request is less than the per co month reimbursement amount of$61,442.59, the unused balance will be rolled over and available for future reimbursement request. LO co The remaining provisions of Paragraph 2 shall remain unchanged. 5. The "All Risk Property Insurance" provision of Paragraph 9 of the Amended and Restated Contract, as thereafter amended, is amended to add the following as additional language and said provision is amended to read as follows: 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. ' The CONTRACTOR shall obtain an appraisal five (5) years from the date of this Fourth Amendment and every five (5) years thereafter to determine the current "replacement cost value" of the CONTRACTOR'S improvements and betterments, fixtures, furnishings, equipment and any other property belonging to CONTRACTOR, and provide the appropriate insurance based on the replacement cost value provided in such appraisal. 3 Packet Pg.782 C.ZO.f 6. Paragraph 16, NON-DISCRIMINATION. of the Amended and Restated Contract, is hereby amended to correct certain scrivences errors and update current revisions pursuant to County ordinances and is amended to read as follows: 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 of the part of any party, effective the date of the court order. County or Contractor agrees to comply with CL all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. This include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of E 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)TheCL 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 co the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, T- co CD 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 E 290ee-3),as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)Title VIII of 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. 12101 Note), as may be amended from time to time, relating to nondiscrimination of the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 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. 7. The provisions of this Fourth Amendment to the Amended and Restated Contract shall become effective as of October 1,2018, or upon the issuance of a Certificate of Occupancy by the City of Key West to the Contractor,if such Certificate has not been issued as of October 1, 2018, and continue thereafter until revised by the parties hereto. 4 Packet Pg.783 C.ZO.f 8. In all respects, the remaining terms of the Agreement entered unto on May 1, 2014, and as amended on April 20, 2016, November 22, 2016, May 17, 2017, and May 16, 2018, not inconsistent herewith,shall remain in full force and effect. c�® 1I ESS WHEREOF, the parties have hereunto set their hands and seal, the day ads ei ritten above. BOARD OF COUNTY COMMISSIONERS @o4T rt1t., h MADOK,CLERK OF MONROE CQU �,FL DA b @gNMoSy��6 By." By: E Deputy Clerk Mayor Date: !S zo I.S Date: co CL &yVifiesses foOCONTRACTOR: CONTRACTOR: T- cam, THE FLORID S SOCIET FOR LO THE PRE N I N OF CRUE TO co co is AN LS :L t:J i ture o ig lure of person authorized D e t I gaily bind Corporation P nt Name Dat Print Name Title (,Czj U A dress:�2 Signatu e Print Name Date Telephone Number irq�? GABRIELLA WEST MO. OE COUNTY ATTORNEY'S OFFICE MY COMMISSION#GG 209257 PPFVFP AS TO FQR EXPIRES:April 19,2022 47 '•FOF F�,R•' Bonded Thru Notary Public Underwriters OR(=EABLES- 5 ASSISTANT OU A RNEY� Packet Pg.784 C.ZO.f RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADM ffSTRATION MANUAL General Insurance Requirements for Animal Control Contracts As a pre=requisite of the work governed, or the goods supplied under this contract(including the pre- staging of personnel and material),the Contractor shall obtain, at his/her own expense,insurance as specified in any attached schedules,which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As CL an alternative,the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work 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. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide U CL satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in co the completion of work resulting from the failure of the Contractor to maintain the required insurance T_ shall not extend deadlines specified in this contract and any penalties and failure to perform assessments LO shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain T_ co the required insurance. The Contractor shall provide,to the County, as satisfactory evidence of the required insurance, either: E • 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 J E 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 ofthe Contractor's insurance shall not be construed as relieving the Contractor 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. 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. EXHIBIT"B" PAGE 1 Packet Pg.785 C.ZO.f ANIMAL CONTROL ERRORS AND OMISSIONS LIABILITY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT BETWEEN MONROE COUNTY,FLORIDA AND Prior to the commencement of work govemed by this contract,the Contractor shall obtain Animal Control Errors and Omissions Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • False Arrest,Detention or Imprisonment • Malicious Prosecution • Wrongful Entry and Eviction • Assault and Battery • First Aid E&OCL • False or Improper Service of Process • Violation of Property Rights • Violation of Civil Rightsco T- CD The minimum limits acceptable shall be: LO T- co $1,000,000 Combined Single Limits(CSL) 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 W claims may be reported should extend for a minimum of twelve(12)months following the termination of the contract. The policy shall not exclude claims or have coverage limitations relating to occurrences caused by or related to animals. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. ANIMALE&O PAGE 2 Packet Pg.786 EMPLOYEE DISHONESTY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT BETWEEN MONROE COUNTY,FLORIDA AND The Contractor 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 Contractor's employees or its agents, whether acting alone or in collusion of others. E The minimum limits shall be: J $100,000 per Occurrence CL co CD cv LO T- co CD ED2 PAGE 3 Packet Pg.787 C.ZO.f GENERAL LIABILITY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT BETWEEN MONROE COUNTY,FLORIDA AND Prior to the commencement of work governed by this contract,the Contractor shall obtain 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 • Expanded Definition of Property Damage The minimum limits acceptable shall be: CL $1,000,000 Combined Single Limit(CSL) If split limits are provided,the minimum limits acceptable shall be: co $ 500,000 per Person T- $1,000,000 per Occurrence LO $ 100,000 Property Damage co co CD 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 termination of the contract. The policy shall not exclude claims or have coverage limitations relating to occurrences caused by or related to animals. The Monroe County Board of County Commissioners shall be named as Additional Insured on all E policies issued to satisfy the above requirements. GLAnimals PAGE 4 - Packet Pg.788 C.ZO.f VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT BETWEEN MONROE COUNTY,FLORIDA AND Prior to the Organization taking possession of the vehicles governed by this agreement, the Organization shall purchase Vehicle Liability Insurance and Auto Physical Damage Insurance. Coverage shall be maintained throughout the life of the Agreement and include, as a minimum, liability coverage for: • Owned,Non-Owned, and Hired Vehicles • Physical Damage Protection E The minimum limits acceptable shall be: CL $1,000,000 Combined Single Limit(CSL) ACV for Physical Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. In addition,the Monroe County Board of County co Commissioners shall be named as"Loss Payee'with respect to the physical damage protection. LO T_ co VL1 PAGE 5 Packet Pg.789 C.ZO.f WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT BETWEEN MONROE COUNTY,FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers'Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident E $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 the contract. Coverage shall be provided by a company or companies authorized to transact business in the State of Florida, and the company or companies must maintain a minimum rating of A-VI, as assigned by the AM.Best Company. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, co W the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, LO providing details on the Contractor's Excess Insurance Program. co co CD If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition,the Contractor may be required to submit updated financial statements from the fund upon request from the County. WC1 PAGE 6 _.---..._.._.. Packet Pg.790 C.ZO.f ALL RISK PROPERTY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL SHELTERS/ COUNTY-OWNED PROPERTY BETWEEN MONROE COUNTY,FLORIDA AND Prior to the Organization/Individual taking possession of the property governed by this lease/rental agreement,the Organization/Individual shall obtain All Risk Property Insurance(to include the perils of Flood and Wind)with limits no less than the Replacement Cost Value of the property leased or rented. Coverage shall be maintained throughout the life of the Lease/Rental Agreement and include, as a. minimum, liability coverage for: Fire Lightning Vandalism Sprinkler Leakage Sinkhole Collapse Falling Objects Windstorm Smoke Explosion Civil Commotion Aircraft and Vehicle Damage Flood The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss Payee on all policies issued to satisfy the above requirements. ,e CD co N LO co CD PAGE 7 Packet Pg.791 C.ZO.f MONROE COUNTY,FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless for Animal Control Contracts The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County FL Commissioners 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 or omission of the Contractor or its Subcontractors in any tier,their employees, or agents. In the event the completion of the project(to include the work of others)is delayed or suspended as a result ofthe Contractor's failure to purchase or maintain the required insurance,the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. CL The extent of liability is in no way limited to,reduced, or lessened by the insurance requirements contained elsewhere within this agreement. co CD LO T- co CD TCS PAGE 8 - Packet Pg.792 C.ZO.f MONROE COUNTY,FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County,to deviate from the FL standard insurance requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney,the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: • The County as being named as an Additional Insured-If a letter from the Insurance Company(not the Agent)is presented, stating that they are unable or unwilling to name the CL County as an Additional Insured,Risk Management has been granted the authority to waive this provision. and co CD • The Indemnification and Hold Harmless provisions LO co CD Waiving of insurance provisions could expose the CoupV to economic loses For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is 0) desired, a Request for Waiver of Insurance Requirements form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved,the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny the Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision making authority. PAGE 9 Packet Pg.793 C.ZO.f MONROE COUNTY,FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements,as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. Contractor: Contract for: c, Address of Contractor: Phone: Scope of Work: co Reason for Waiver: cv LO T- co Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Management Date County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: PAGE 10 _..._. Packet Pg.794 C.20.f FLOR-46 ell"ILI:CH ,acoRO® CERTIFICATE OF LIABILITY INSURANCE DATE 09/06/2018Y) 09/06/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER 305-294-7696 CONTACT NAME: Atlantic Pacific-Key West PHONE 305-294-7696 FAX 305-294-7383 1010 Kennedy Dr,Suite 203 (A/C,No,Ext): (A/C,No): Key West,FL 33040 ADDRIESs:chernandez@apins.com Christine Y.Hernandez INSURERS AFFORDING COVERAGE NAIC# INSURER A:Mt. Hawley Insurance Co. 37974 INSURED Florida Keys S.P.C.A. INSURER B 5230 College Rd Key West,FL 33040 INSURER C: INSURER D: INSURER E: CL INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS w CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP ITR TYPE OF INSURANCE POLICY NUMBER LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,006,006 CLAIMS-MADE OCCUR �. OPC0001177 11/29/2016 10/01/2018 DAMASESo aoccuD ce $ X Owner/Cont Prot. MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,600 POLICY❑FAGOT- LOC PRODUCTS-COMP/OPAGG $ OTHER: S AUTOMOBILE LIABILITY COMBINED e aaa EDtSINGLE LIMIT $ r ANY AUTO BODILY INJURY Perperson) $ CD OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ to H RED NON-OWNED ISK AGE PROPERTY AMAGE r A�TOS ONLY AUTOS ONLY AP Per acradent $ r& S BY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE DATE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION I PER U ORTH- AND EMPLOYERS'LIABILITY OFFICER/MEMBER EXCLUDEDYIN ANY ? N/A E.L.EACH ACCIDENT $ (Mandatory in NH) If yes,describe under E.L.DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S U DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) re:5711 College Rd, Key West,FL 33040-Monroe County Board of County Commissioners CERTIFICATE HOLDER CANCELLATION MCBCCOM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ty ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West,FL 33040 ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg.795 C.ZO.f OP ID:CH AC®RO® CERTIFICATE OF PROPERTY INSURANCE FD 0TE 910606//2018Y) 018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. PRODUCER CONTACT NAME: Atlantic Pacific-Key West a/c°No EXt:306-294-7696 Alc No):305-294-7383 1010 Kennedy Dr,Suite 203 E-MAIL chernandez@apins.com Key West,FL 33040 ADDRESS: Richard Horan PRODER FLOR-46 C STOMUCER ID: INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA,Lloyd's of London Florida Keys S.P.C.A. Citizens Insurance Company 5230 College Rd INSURER B: Key West,FL 33040 INSURER C:Florida Family Insurance INSURER D: INSURER E: INSURER F: CL COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: LOCATION OF PREMISES/DESCRIPTION OF PROPERTY(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) 5230 College Rd Key West, FL 33040 Monroe County§oard of County Commissioners are listed as additional insured THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS LTR DATE(MM/DD/YYYY) DATE(MM/DDNYYY) A X PROPERTY LOL013196 07/12/2018 07/12/2019 Y BUILDING S 120,000 CL CAUSES OF LOSS DEDUCTIBLES Y PERSONAL PROPERTY S 26,000 BASIC BUILDING 1,000 00023680 07/03/2018 07/03/2019 BUSINESS INCOME $ BROAD CONTENTS EXTRA EXPENSE $ X SPECIAL 1,000 RENTALVALUE $ W EARTHQUAKE BLANKET BUILDING $ r B X WIND 4,140 00023680 07/03/2018 07/03/2019 CD BLANKET PERS PROP $ CV to FLOOD BLANKET BLDG&PP $ r Y Wind-Bldg $ 138,000 Y Wind-Cts $ 21,000 F V16%,_nwR A ARam�INLAND MARINE TYPE OF POLICY ` $ E CAUSES OF LOSS BY $ NAMED PERILS POLICY NUMBER DATE � $ $ CRIME $ TYPE OF POLICY $ S BOILER&MACHINERY/ B Wind-Bldg-Cat $ 32,000 W EQUIPMENT BREAKDOWN B Wind-Bldg-Dog $ 32,000 Flood 09115047766408 07/01/2018 07/01/2019 Y Flood-Bldg $ 100,300 C Y Flood-Contents $ 21,000 SPECIAL CONDITIONS/OTHER COVERAGES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) (C)-Flood-Cat shelter Bldg-$25,000;Cts-$5,000 Policy#1068818467$1600 ded. (C)-Flood-Dog Shelter Bldg-$25,000;Cts-$5,000 Policy#1068818468$1600 ded. (B)-Wind-Cat+Dog Shelters each Bldg-$32,000;each Cts-$5,000$1,000 ded.each CERTIFICATE HOLDER CANCELLATION MCBCCOM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West, FL 33040 ekza_��� ACORD 24(2016/03) ©1995-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg.796 C.20.f FLOR-46 '4coRoa CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 09/06/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER 306-294-7696 CONTACT NAME: Atlantic Pacific-Key West PHONE 305-294-7696 FAX 306-294-7383 1010 Kennedy Dr,Suite 203 (A/C,No,Ext): (A/C.No): Key West,FL 33040 AI,,R1ESs:dhernandez@apins.com Christine Y.Hernandez INSURERS AFFORDING COVERAGE NAIC# INSURERA:Penn-America Insurance Co 32869 INSURED Florida Keys S.P.C.A. INSURER B:Progressive Express 10193 5230 College Rd Evanston Insurance Co. 35378 Key West,FL 33040 INSURER C INSURER D:Old Dominion Insurance Co. 40231 INSURER E: 11150CL INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS W CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP ITR TYPE OF INSURANCE POLICY NUMBER LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 RESE aoccua 0CLAIMS-MADE 7OCCUR Y PAV0161601 07/01218 07/01/2019 PREMISES(Ea occurrence) $ , MED EXP(Any one erson $ 6,000 u PERSONAL&ADV INJURY $ 2,000,000 GEN'L RAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY❑JECOT- ❑X LOC PRODUCTS-COMP/OP AGG $ included OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident) $ CO ANY AUTO Y 06456454-6 06/30/2018 06/30/2019 BODILY INJURY Perperson) $ CD CD OWNED SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY Per accident $ LO HIRED NON-OWNED PROPERTY AMAGE r AUTOS ONLY AUTOS ONLY Per accident $ CD UMBRELLA LIAB OCCUR V Y RI EACH OCCURRENCE $ � EXCESS LIAB CLAIMS-MADE c @ AGGREGATE $ DED RETENTION$ BY $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Es. TLITE ER E ANY PROPRIETOR/PARTNER/EXECUTIVE YIN WAIVER N/ E.L.EACH ACCIDENT $ Mandatory In NH)EXCLUDED? N 1 A (yes,describe under E.L.DISEASE-EA EMPLOYEE $If ¢ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C JEquipment Floater IMS40287 0810112 118 08/01/2019 Vet Equip 31,837 p Bond F271572 06/26/2018 06/26/2019 Empl Dis. 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) T1Arch Insurance-Directors 8r Officers-$1,000,000 $5,000 retention 18-7/1/19 CERTIFICATE HOLDER CANCELLATION MCBCCOM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board Of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ty ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West, FL 33040 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg.797 C.ZO.f AC CERTIFICATE OF LIABILITY INSURANCE DATE(PANUDD/YYYtf) �✓ 10/12/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS::NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND.OR.ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certficate holder.is an ADDITIONAL INSURED,the policy(ieS)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate.does not confer rights to the certificate holder in Iieu.of such endorsement(s).. PRODUCER / y y� C M'E: - SUNZ Insurance Solutions,LLC: ID: K mberi NAME: Phil Martina Ill Kymberiy Group Payroll Solutions, Inc. PHONE FAY 3218 E.Colonial Drive; Ste F 407-228-6428 AIC l Orlando, FL 32803 ADDRESS: -INSURERS AFFORDING COVERAGE - NAIC0 INSURERA: SUNZ Insurance Corn.pany 34762 INSURED INSURER B: Kyymberly Group Payroll Solutions, Inc. 3218 E Colonial Drive INS URERC: Suite F INSURERD: Orlando FL 32803 INSURER E: C) INSURER F COVERAGES CERTIFICATE NUMBER:44873e06 REVISION NUMBER: THIS IS TO CERTIFY THAT,THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 0) INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY.PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT To ALL THE TERMS, -a EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMIT$SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1L7R TYPE OF INSURANCE AUDL SUBR POLICYNUMBER MWDD ta:F M�MIDD YY ulmlys E COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ (, MED EXP(Any one person) $ PERSONAL&ADV INJURY $ U. GENT-AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S APR V Y RIS E T POLICY JECT LOC PRODUCTS-COMPlOPAGG S OTHER $ W AUTOTAOBILELIABIUTY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) S OWNED .. SCHEDULED - - to AUTOS ONLY AUTOS l WAIVER WA- YES BODILYINJURY-(Per accident)..$ �.. HIRED NON-OWNED PROPERTY DAMAGE 00 AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAR Q OCCUR EACH OCCURRENCE $ EXCESS I" CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ Q o FC DTAPEN 073'° WC010-00001-018 3/1/2018 3/1/2019 PER OTH- �R",EMFL'OYERSgWABlL' r. :... /'N ✓ STATUTE ER -•aer ANYPROPRIETOR/PARTNERIEXECUTN Etu», •H:ACEIDE ,i,.`.. 1.(0)(0) OFFICERlMEMBEREXCLUDED? MIA — T ¢ (Mandatory to NH) E DISEASE EAEM YE $ ,. If.yes,'descnbe under , DESCRIPTION OF OPERATIONS below IS WE 1Si1.Q00 011,'" . U DESCRIPTION OF OPERAT16NS I LOCATIONS/VEHICLES(ACORD 101,AdditIonal.Remarks Schedule,may be attached If more space Is regutred) Coverage provided for all leased.employees but not subcontractors of:Florida Keys Society for the prevention of Cruelty to Animals,Inc Client Effective:6/3012014_ Reference site:.Monroe County BOCC CERTIFICATE HOLDER CANCELLATION 1.123 Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED,BEFORE tY THE EXPIRATION DATE THEREOF, NOTICE Will BE DELIVERED_ IN 1100 Sim"Onton St. ACCORDANCE WITH THE POLICY PROVISIONS. Key West FL 33040 AUTHORED REPRESENTATIVE Glen J Distefano. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26(2016103). The ACORD name and logo are registered marks of ACORD 44873606 I-Hymberly Group Payroll PEO 010 MASTER CERT I Phil Martina 1 10/12/2018 12;22:30 PM (CDT) I Page 1 of 1 ' Packet Pg.798 C.ZO.f FLOR-46 CERTIFICATE OF LIABILITY INSURANCE DAT100fY 1 0=1251Z01 8 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERISI, AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policyiies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION iS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certficate does not confer rights to the certificate holder In Ileu of such endorsements. PRODUCER 305-294-7696 kwCT Atlantic Pacific-Key West NE 305-294.7696 F 305-294-7383 1010 Kennedy Dr,Suite 203 cNo,Ern: No Key West,FL 33040 MS.,cnemanciezgapins.com Christine Y.Hernandez o INSURER A:MtHawle Insurance Co. 37974 INSURED Florida Keys S.P.C.A. INSURER B: 5230 College Rd Key West,FL 33040 INSURERc' WSURt3t D: INSURER E: CL INSURER F: NUMBER,COVERAGES "BI]EIrcall V I N NUMBER; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR,CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS O CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POUCY NUMBEROL PMip EFF P EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCLIRRENC(; S 1,000,000 CLAIMS-MADE OCCUR DAMAG@TORENTED y OPCOOD1177 11R8l201811101R018 s X Owner/Copt Prot. W, U PERSONAL L ADV INJJRY S G NI AGGREGATE LIMIT APPLIES PER GEr ERAL AGGRFrYATE 2,000,000 POLICY❑j LOC tRS&L'75_C 0AP-10 P OTHER AUTOMOBILE L1AetLRY rMSINEI)SINGLE LIMIT I . : ANY AUTO OWNED SCHEDULED tV AUTOS ONLY AUUoTTµOOoSW�y�I�p BODILY INJURY Pw&LiLis n S I AUTOS ONLY AUTOS ONLY t eOeEUR 1nDAMAGE S oo oo CD UMBRELLA LIAR OCCUR EACYi OCCURRENCE S EXCESS LIAB CLAIMS-MADE 8 I$ I AGGREGATE S yy� OEUg o �R�E9T/ENTTIION S , AND EMPLOYE'MOM ITV a' OTH. � D�RCRE�Yt I EKCLUDDEDDI EVE � NIA a=- E L.EACH ACGIDCNT f Uy 96�destribB urn Ider WAW Y�. E.I..D1S=ASF,.EA EMP OYFE S ¢ DESCRIPTION OF OPERATIONS la. E L ._,eAZ.P5LICY LIMIT U DESCRIPTION OF OPERATIONS I LOCATIONS I VEHCLES(ACORD 101,Addltlariat Remarks Schedlde,may be attached r more apace Is required) re:5711 College Rd,Key West,FL 33040-Monroe County Board of County Commissioners ERTIFICATE HOLDER CANCELLATION MCBCCOM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton Street AUTHORIZEDREPRESENTATNE Key West,FL 33M (� ACORD 25(2016103) (D1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg.799 C.20.g couRra Lo O P•a J4 cu'aVF Kevin Madok, CPA ..A 30 ..... t� Clerk of the Circuit Court&Comptroller—Monroe County, Florida ~Roe co�� DATE: February 13, 2020 TO: Tina LoSacco, Sr.Teclhnician FROM: Pamela G. Hanco 4. C. SUBJECT: May 22, 2019 BOCC Meeting CL Attached are electronic copies of the following items that were just received by this office for your records. C26 2nd Amendment to Contract with The Florida Keys Society for Prevention of 03 Cruelty to Animals, Inc. for operation of the Maranon Animal Shelter reflecting a CPI-U increase of 1.9% effective November 15, 2019.The agreement amount will increase to $442,689.77/year or CL $36,890.81/month. C27 5ti Amendment to the Amended and Restated agreement with The Florida Keys Society for Prevention of Cruelty to Animals, Inc. for the Key West Animal Shhelter reflecting a CPI-U increase of 1.99, effective May 1, 2019.The agreement amount will increase to $550,886.80/year or $45,907.23/monn. Should you have any questions, please feel free to contact me at(305) 292-3550. LO N N LO N cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg.800 C.20.g FIFTH AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) THIS FIFTH AMENDMENT TO AMENDED AND RESTATED AGREEMENT is entered into this 22nd day of May, 2019, between Monroe County Board of County Commissioners (County) and Florida Keys Society for Prevention of Cruelty to Animals, Inc., a Florida not-for-profit corporation (FKSPCA/Contractor), in order to amend the agreement entered into on May 1, 2014, as amended on April 20, 2016 and May 17, 2017 and May 16, 2018 and August 15, 2018; WHEREAS, the parties entered into an Amended and Restated Agreement on May 1, _ 2014 for the FKSPCA to provide long-term animal control services and enforcement pursuant to the provisions of F.S. 255.065 (formerly F.S. 287.05712) from Mile Marker 0 through Mile Marker 16.7 (the Harris Channel Bridge), including the City of Key West (Agreement); and WHEREAS, the terms of the Agreement provide that the contract amount may be adjusted annually by the percentage change in the Consumer Price Index (CPI) for all urban W consumers (CPI-U) for the most recent 12 months available ending in December of each year; and WHEREAS, the FKSPCA has requested a CPI adjustment as allowed under the CL agreement; and IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. In accordance with Paragraph 4. RENEWAL the contract amount is hereby adjusted by 1.9% CPI for all urban consumers (CPI-U) for the most recent 12 months ending on December 31, 2018. Effective May 1, 2019, the total compensation paid to the Contractor for its services under this agreement shall be $550,886.80 per annum or LO $45,907.23 per month. LO 2. In all other respects, the remaining terms of the Agreement entered into on May 1, 2014, as amended, not inconsistent herewith, shall remain if full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 1 of 2 FIFTH AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) Packet Pg. 80'1 FIFTH AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) WIT SS WHEREOF, the parties have caused these presents to be executed in the 'Yre ames. 9C ;s��� ADOK,CLERK BOARD OF UNT MMISSIONERS = y=' ` u 7r OF MO RO OUN Deputy Clerk Mayor/Chairman Date: 2Z ZO 9 fitness Signature THE FLORIDA KEYS SOCIETY FOR E �7-eLl-ne-ti-t, iNl l l aM1 5L ZLL� THE PREVENTION OF CRUELTY TO Print Name Date ANIMALS, INC. By: C4Y2C&4' Witness Signatur Pfesident i ira`A.Su,Yer° Date: 61 ab tq Print Name Date Address:_ 5-1 11 Coll e'R nd. they W1PSL, Ft_ 33o4>U to N N to p N V —� MONROE COUNTY N Q.. ATTORNEY w ArPP ED/ S� A wf CHRISTINE LIMBERT-BARROWS O CM J ASSISTANT CP A ORNEY DATE: Cz J R� O LQ LLJ 1L �J N C Page 2 of 2 FIFTH AMENDMENTTO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) Packet Pg. 802 C.20.g OP ID:CH ACORO° CERTIFICATE OF PROPERTY INSURANCE DATE(MM/DD/YYYY) 01/28/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY'OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. CONTACT PRODUCERNAM A E: Atlantic Pacific-Key West PHCN o t.305-294-7696 FAX, o E 305-294-7383 1010 Kennedy Dr,Suite 203 Key West, FL 33040 MAIL ,chernandez@apins.com Richard Horan PRODUCER , FLOR-46 Rip INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Mt.Hawley Insurance Co. 37974 Florida Keys S.P.C.A. 5711 College Rd INSURER 9, Key West,FL 33040 c INSURER D INSURER E: CL INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: to LOCATION OF PREMISES/DESCRIPTION OF PROPERTY(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) ¢, 5711 College Rd,Key West,FL 33040 WIND is included with Fire policy THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICYNUMBER POLICYEFFECTIVE POLICY EXPIRATION COVEREDPROPERTY LIMITS LTR DATE(MM/DDNYYY) DATE(MM/DDIYYYY) CJ A X PROPERTY MPCO602111 12/28/2019 12/28/2020 Y BUILDING $ 7,500,000 CAUSES OF LOSS DEDUCTIBLES Y PERSONAL PROPERTY $ 1,000,000 BASIC BUILDING 2,500 BUSINESS INCOME $ BROAD CONTENTS EXTRAEXPENSE $ W X SPECIAL 2,500 RENTAL VALUE $ EARTHQUAKE BLANKET BUILDING $ � A X WIND 25,000 MPCO602111 12/28/2019 12/28/2020 BLANKET PERS PROP $ FLOOD BLANKET BLDG&PP $ S INLAND MARINE TYPE OF POLICY S LO CAUSES OF LOSS $ CV NAMED PERILS POLICY NUMBER $ i LO CD CRIME $ TYPE OF POLICY APP O E D GEME $ CD BY nATr $ BOILER&MACHINERY! WAIVER N EQUIPMENT BREAKDOWN 19 �1�^ a •-� •., S E V , ` $ (J S SPECIAL CONDITIONS/OTHER COVERAGES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Additional insured listed as: Monroe County Board of County Commissioners, 1100 Simonton St,Key West,FL 33040 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of ACCORDANCE WITH THE POLICY PROVISIONS. County Commissioners 1100 Simonton St Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 24(2016103). ©1995-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg.803 A Stock Company FFL 99:001 1018 P.O.Box 33003 0116407 ` St:Petersburg,A 33733.4003 8/05/19 Customer'Service:.1400-820-3242- 200011523 FLD RGLR WRIGHT Claims:1.800-725-9472 .sCl FLOOD DECLARATIONS PAGE . i NEW BUSINESS =Polk :Number. NFIP Policy Number 'ProductTV' e Standard Policy 091151775622 00 1 1151775622 [General,Property Form. Policy Period. ;Date of'Issue': ent Code . Prior Policy Number From:,3/68/19 To:3/08120`12:01 am Standar 'Time ' ' 03/05/201'9' '0116407 I . . Agent(305)294-7696 ATLANTIC PACIFIC INSURANCE INC FLORIDA KEYS SPCA 1010 KENNEDY DR STE 203 5711 COLLEGE RD KEYj WEST FL 33040-4133 KEY WEST FL 33040-4311 CL 'i ca Property Location(if other than.above) Address may have been changed in accordance with USPS standards. 5711 COLLEGE RD, SPCA,BUILDING, KEY WEST FL.33040 Ratirig,Information.. Original New Business Effective Date: 3/08/2019 Flood Risk/Rated Zone:AE { Grandfathered:No a Building Occupancy: Business Non-Residential Primary.Residence: N. Number of Floors: Two Floors Condo Ty,`pe: N/A Building Indicator: Non-Elevated CL Community#: 120168 Map Panel/Suffix: 1528 K Basement/Enctosure/Crawlspace: Community Rating: 07/156/6 Program Status: Regular No Basement Community Name:-KEY WEST, CITY OF Elevation Difference: 1 Coves a Deductible , Annual'Premium r_ BUILDING $500,000 $50;000 $1,361.00 "CONTENTS $500,000: -$50,000 $885.00 ANNUAL'':SUBTOTAL: $2,246.00- m THIS IS NOT A.SILL, DEDUCTIBLE DISCOUNT/SURCHARGE: - $977.00 ICC PREMIUM: $5.00 DEAR MORTGAGEE COMMUNITY RATING DISCOUNT $191.00 N The:Reform'iAct of 1994 requires you to notify SUB-TOTAL: $1,083.00 uO the WYO company for this policy within 60 days , of an changes.in the servicer of this loan. RESERVE FUND ASSESSMENT: $162.00 �+ y, The.above'm PROBATION SURCHARGE: $0.00 CD essage applies only when there FEDERAL POLICY SERVICE FEE: $50.00 N is a mortgagee on the insured location: HFIAA'SURCHARGE: , $250.00 Premium Paid'b :_Insured y TOTAL WRITTEN PREMIUM AND FEES: '$1,545.00 - S ecial Provisions: This policy covers only one building. If you have more than one building on your property,please make sure they are all covered. See Ill. Property Covered within your Flood policy fouthe NFIP definition of"building"or contact your agent,broker,or In company, Please refer to the policy for complete�ten'ns,conditions,.and.exclusions. A full„digital copy of your flood policy form is eivailable-at'www.wrightflood.com/policyforms.htmi.The form which applles-to-your policy coverage is:General Property Form ,i Forms arid.Endorsements: WFL 90.4i 5 1117 1117 FFL 99.310 1012 1010 WFL-99.116 0614 0614 IS , This;policy;is issued by NAIC company.11523 Wright National Flood Insurance Company A stock company _ Copy Sent To:As indicated on back,or additional pages, if any. - APPR EMENT Patricia Templeton-]ones,President . 0Y WAIVER N/A Y �( D 4 011,64070911,517`7562219064 GOg05, I Company Packet Pg. 804 C.20.g �1 ACORO� ATE(MM/DD/YYYY) CERTIFICATE OF PROPERTY INSURANCE D0 711 812 01 9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. CONTACT PRODUCER NAME: Atlantic Pacific-Key West Alc°NE. Exl:305-294-7696 FAX Na 305-294-7383 1010 Kennedy Dr,Suite 203 E-MAIL chernandez a ins.com Key West,FL 33040 ADDRESS: p Richard Horan CROTUMCER . FLOR-46 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:Mt.Hawley Insurance Co. 37974 Florida Keys S.P.C.A. Wright National Flood Ins Co 11523 5711 College Rd INSURERS: g Key West, FL 33040 INSURER C: INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: LOCATION OF PREMISES I DESCRIPTION OF PROPERTY(Attach ACORD 101,Additional Remarks Schedule,if more space is required) co 5711 College Rd,Key West,FL 33040 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS LTR DATE(MMIDDIYYYY) DATE(MMIDDIYYYY) (� A X PROPERTY MPC0601461 12/28/2018 12/28/2019 Y BUILDING $ 7,500,(I CL CAUSES OF LOSS DEDUCTIBLES Y PERSONAL PROPERTY $ 1,000,U BASIC BUILDING 2,500 BUSINESS INCOME $ BROAD CONTENTS EXTRA EXPENSE $ W X SPECIAL 2,500 RENTAL VALUE $ EARTHQUAKE BLANKET BUILDING $ � A X WIND 3% BLANKET PERS PROP $ B X FLOOD 50,000 09115177562200 03/08/2019 03/0812020 BLANKET BLDG 8 PP $ Y Fld-Bldg $ 500,a WE Y Fld-Cts $ 500,0 INLAND MARINE TYPE OF POLICY $ LO CAUSES OF LOSS $ N NAMED PERILS POLICY NUMBER $ LO CD CRIME $ CD P TYPE OF POLICY APP AGE $ tV B $ BOILER aMACHINERY/ WAIVER N/ .--c $ EQUIPMENT BREAKDOWN ., $ $ $ SPECIAL CONDITIONS I OTHER COVERAGES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Listed as additional insured/interest-Monroe County Board of County Commissioners,1100 Simonton St,Key West,FL 33040 CERTIFICATE HOLDER CANCELLATION MCBCCOM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West,FL 33040 ACORD 24(2016103) ©1995-2015 ACORD CORPORATION. All rights reserves. The ACORD name and logo are registered marks of ACORD Packet Pg. 805 C.20.g FLOR-46 ACORO° CERTIFICATE OF LIABILITY INSURANCE DATE/28/2Y) o1zs/ 020ozo THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER 305-294-7696 CONTACT Atlantic Pacific-Key West PHONE 305-294-7696 FAX 305-294-7383 1010 Kennedy Dr,Suite 203 A/c No Ext: ac Nol. Key West, FL 33040 AE-,mAg'L,,,.chernandez@apins.com Richard Horan INSURERS AFFORDING COVERAGE NAIC# Penn-America Insurance Co 32859 11NsgRRED NGM Insurance Co. F,on a Keys S.P.C.A. 5711 College Rd INSURER C Key West,FL 33040 INSURER D CL INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPEOFINSURANCE ADDL SUB pOLICYNUMBER POLICY EFF POLICYEXPITR mminnNyr LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE F_X]OCCUR y PAV0191856 07/01/2019 07/01/2020 DAMAGE TO RENTED $ 100,000 A XProfessional Liab PAV0191856 07101I2019 07/01/2020 MED EXP(Any oneperson) $ 5,0CLPERSONAL&ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 LL POLICY❑jpa LOC PRODUCTS-COMP/OPAGG $ included OTHER: Prof Liab $ 2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO A PR V 1 NA EMEN7 BODILY INJURY Per erson $ OWNED SCHEDULED 6 AUTOS ONLY AUTOSDATE— BODILY INJURY Per accident $ ALTOS ONLY AUUTOS ONLY IVER N/A °acaden�AMAGE $ $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ LO DED RETENTION$ $ N N WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY A LITE ER LO ANY PROPRI R/P /EXECUTIVE YIN E.L.EACH ACCIDENT $ OFFICER/MEMBMB ER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ CD If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S N B Employee Dishonest F271572N 06/26/2019 06126/2020 Bond 100,000 O DESCRIPTION OF OPERATIONS/LOCATIONS VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Locations covered:6711 College Rd,Key West,FL 33040(including 21 acres of Mt Trashmore); 10550 Aviation Blvd,Marathon,FL 33050; Parcels Q,R 8r S, Little KnockErn Down Key,FL 33042 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ACCORDANCE WITH THE POLICY PROVISIONS. County Commissioners 1100 Simonton St Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) V� @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg.806 COMMERCIAL LINES COMMON POLICY DECLARATIONS INSURANCE IS PROVIDED BY THE COMPANY DESIGNATED BY AN"X Stock Did ' * x PENN:AMERICA INSURANCE COMPANY Company Group,�F PENN-STAR INSURANCE COMPANY FAV0161601 -pENN PATRIOT INSURANCE COMPANY . Reaewailo"flNu .er Bala Cynwyd, Pennsylvania 19004 M09trol Number Rewrite of Number POLICY NUMBER: PAV0191856' 1. NAMED INSURED: A KEYS S.P.CA. 1 DBA: Prod"Agent Christine Hernandez Address: 11382 Prosperity Farms Road;#123 j MAILING ADDRESS: 5711 College Rd Palm Beach Gardens FL 334.10 Prod.Agcy: Atlantic Pacific Insurance,Inc. { Address: 11382 Prosperity Farms Road;#123 Key West, FL 33040 Palm Beach Gardens FL 33410 2. +POLICY PERIOD: From; July 1,2019 To Julv Jr,2020 at 12:01 A.M.. Standard Time at your mailing address shown above. 3. p FORM OF BUSINESS: Corporation. OTHER DESC 4. BUSINESS DESCRIPTION: ANIMAL SHELTER 03 IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND-SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE.WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. Q. i U_ 5. a THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM-IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM I" k Commercial General Liability Coverage Part $ 3,612.00 � 6 � Commercial Property Coverage Part $ NOT COVERED Commercial Crime Coverage Part $ NOT COVERED r Commercial Inland Marine Coverage Part $ NOT COVERED Professional Liability Coverage Part $ - INCLUDED Liquor Liability Coverage Part $ NOT COVERED LO F Commercial Umbrella Coverage Part $ NOT COVERED Owners Contractors Protective Coverage Part $ NOT COVERED N TRIA $ NOT COVERED "' 6: d.. TOTAL.PREMIUM PAYABLE AT INCEPTION $ 3,612.00 Service Fee 35.00= c44 Surplus Lines Tax $ 182.35, 00 d Stamping Fee $ 3.65, ola I, d $ M it Other: $ nn "'� s TOTAL $ 3,833.00 Tt� Cr>#qH 4 p 7. FORM($)AND ENDORSEMENTS)MADE A PART.OF THIS POLICY AT THE TIME OF ISSUE:* AS PER FORM S1007(1 000)SCHEDULE OF FORMS AND ENDORSEMEAtTS ATTACHED Omits applicable Forms and Endorsements if shown in specific Coverage ParifCoverage Form Declarations. THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS,COVERAGE PART DECLARATIONS,COVERAGE PART COVERAGE FORM(S)AND FORMS AND ENDORSEMENTS,IF ANY,ISSUED TO FORM A PARTTHEREOF,COMPLETE THE ABOVE NUMBERED POLICY. 02169 Agency.Code: WINS Access Insurance Services, LLC 7108 Fairway Drive,Ste 200' By,. Palm Beach Gardens, FL 33418 Authorized Representative DF/KZ 07/18/2019 S1100(09/2016) Packet Pg. 807 I 6 Stock [ * Company y * COMMERCIAL GENERAL LIABILITY COVE GE PA *0'A * DECLARATIONS 19�• A ***** 00 POLICY NUMBER: PAV0191856 r A V (0 V`� 01160 -1 1 aqI"1 1. NAMED INSURED: FLORIDA KEYS S.P.C.A. 2. LIMITS OF INSURANCE-INSURANCE APPLIES ONLY FOR COVERAGE FOR WHICH A LIMIT OF 3�� 1 ? INSURANCE.IS SHOWN. General Aggregate Limit(Other than Products/Completed Operations) $ 2,000,000 Products/Completed Operations Aggregate Limit $ ' IncludedZL Each Occurrence Limit $ 2,000,000 U Personal& Advertising Injury Limit $ 2,000,000 Damage to Premises Rented to You Limit $ 100,000 any one premises Medical Expense Limit $ 5,000 any one person E 3. LOCATIONS of all premises you Own, Rent, or Occupy EJ -"" �:Parcels Address City e ZipNo. 1 Q,R&S,Lot 3 Section 23 Little KnockEm Down FL 33042 CL PREMIUM BASIS RATES ADVANCE PREMIUM 4, CLASS** Code/ Exposure Prod/CO All Other Prod/CO All Other 7 If Classifications are Numbered,the coverage applies to the corresponding Location No. ` No. 1 Bldg 1 49451 e) 13 Incl 1.982 Included 26.00 '` W Vacant Land-Other than Not-For-Profit i! No. 1 Bldg 1 0) 1 Incl Flat Included 750.00 \<V m Increased GL Limit ILO I� No. 1 Bldg 1 e) 2 Incl Flat Included 100.00 BCLOD Additional Insured-Managers or Lessors of Premises—Per Form CG2011CD r 6 No. 2 Bldg 1 45450 e) 26 Incl 39.618 Included 1,030.00 m Kennels No. 3 Bldgj 1 45460 e) 42 Incl 39.618 Included 1,664.00 Kennels + If Classifications are Numbered,the coverage applies to the corresponding Locati&Commercial t' TOL. .(s) gross sales-per$1000 (c) total cost-per $1000 r 10 (a) each (p)Epayroll-per $1000 (a) area-per 1000sq. ft (o) other 5. Policy may be AUDITABLE (t) see classification notes In compnes Manual 6. SPECIFIC GENERAL LIABILITY FORMS/ENDORSEMENTS As per S100.7[12-001 i This palge alone does not provide coverage and must be attached to a Commercial.Lines Common Policy Declarations Common Policy Conditions,Coverage Part,Coverage Form(s)and any other applicable forms and endorsements. 1. S2000 (06/01) Packet Pg.808 y C.20.g b Stock COMMERCIAL GENERAL LIABILITY COVERAGE PART Company no SUPPLEMENTAL DECLARATIONS Grou POLICY NUMBER: PAV0191856 IV FIo ' a*Ke"y P' 1 v O. LOCATIONS of all premises you Own,Rent,or Occupy 21 10550 Aviation Blvd, Marathon, FL 33050 Nt�001 3 11 5711 College Rd, Key West, FL 33040 tXCA:hO SCL A NO. CLASS PREMIUM BASIS. RATES ADVANCE PREMIUM Code/ Exposure Prod/CO All Other Prod/CO All Other 3 Bldg 1 49451 e) 21 Incl 1.982 Included 42.00 V CL Vacant Land-Other than Not-For-Profit 3 a a LO s N 5 N 1LO #, N a ns 3 s Total Premium This Page $ See Form S2000 Accumulative Total $ for Total Premium (s);gross sales-per$1000 (c) total cost-per$1000 (m)adm issions-per 1000 (a) each (p)}payroll-per$1000 (a) area-per 1000 sq.ft. (u) units Policy may be AUDITABLE SPECIFIC GENERAL LIABILITY FORMS/ENDORSEMENTS This page alone does not provide coverage and must be attached to a Commercial Lines Common Policy Declarations Commo f n Policy Conditions, Coverage Part Coverage Form(s)and any other applicable forms and endorsements. S2001 ( 0/2013) pa Packet;Pg.809 3 ATLANTIC PACIFIC INC P®®`RF111//T C.20.g 11382 PRSPRTY FRM 123 /�� t�77/7C=AfERCIIAL PALM BCH GARDENS,FL 33410 Policy number: 06456454-7 Underwritten by: Progressive Express Ins Company Insured: MC BOARD COUNTY COM FL KEYS S.P.C.A. 1100 SIMONTON S June 8,2019 KEY WEST,FL 33040 Policy Period:Jun 30,2019-Jun 30,2020 Mailing Address / Progressive Express Ins Company PO Box 94739 Additional insured endorsement , Cleveland,CH44101 1-800-444-4487 t� Name of Person or Organization / For customer service,24 hours a day, MC BOARD COUNTY COM 7 days a week 1100 SIMONTON S m KEY WEST,FL 33040 The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy,but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page. Limit of Liability -- Bodily Injury Not applicable --- - -— — - Property Damage Not applicable Combined Liability $1,000,000 each accident All other terms,limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number:06456454-7 LO Issued to(Name of Insured):FL KEYS S,P.C.A. Effective date of endorsement:06/30/2019 Policy expiration date: 06/30/2020 ' Form 1198(01/04) N -- ---- ---- --------------------- U �f1U E ANAGEMENT C�WAIVER N/A _ �r aCh Rf5 Packet Pg.81'0 ATLANTIC PACIFIC INC 11382 PRSPRTY FRM 123 COIDIMERC/AL PALM BCH GARDENS,FL 33410 Polocy number 06456454-7 Underwritten by: Progressive Express Ins Company May 18,2019 FL KEYS S,P.C.A. Policy Period:Jun 30,2019-Jun 30,2020 5230 COLLEGE RD 10 WEST,FL 33040 Revised renewal NOU and poky Wfamat'g®n 'is endesed This information was revised on May 18p 2019 p1lealse Favieww yourpemocy documents today � We send your renewal policy information early so that you have the opportunity to review it at your convenience. Your Commercial Auto Insurance Coverage Summary lists drivers,current driving history,the autos insured,the coverages selected and the premiums by coverage. Your current policy will expire on June 30, 2019 at 12:01 a.m. if we recently sent you a Cancel Notice because the remaining balance on your current policy has not been received please pay that amount by the due date to avoid policy CL cancellation. Uhils hill does rm supersede any Caneei9a4ii®n Notice. If you have already sent this payment- thank you. If you do not make this payment,the offer to renew this policy is withdrawn. If you've scheduled a payment,it is not reflected in the amount due. W Revised premium and payment information � ........•.•..:.......................I.......................................................... Revised renewal policy premium $11,901.00 Minimum amount doe E e.•.fl,•a..t.......•..•••..""......... ........... ......•........gaAase.. ... .• . .o.a,.�.. . ®ars@ ,�'® a�...• LO To renew your policy,please pay the amount shown above,or call us for other available options,by the due date. To pay with a check or credit card by phone,call Customer Service at 1-877-278-1615,or login to progressiveagent.com. LO cv Please see rreverrse side for additional information. Continued on nark m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 V O O D O O O D O D O D O D D O O a 0 0 O Y O O D O C O O D D O D O O D D . O D Payment Coupon Policyholder: FL KEYS S.P.C.A. ................................................................... :•.•.. illivaalaa um amount due $11,901.00 if you Pay by check,please allow 5 to 7 6a a hate ynne�°Z"®1`"' days for your payment to reach us. Write your ...........I...............•.................................................................... policy number on the check and make it Amount enclosed $ payable to Progressive Express Ins Company, ................................I............................................................... If you wish to change your method of payment,please call Customer Service at 'aso91l19'al°lrlal'elilr9l'ir9lrl111 -11,III-It 01...a'os°o'ld 1-800-444.4487 before the scheduled PROGRESSIVE EXPRESS INS charge date. DEPT 0561 CAROL STREAM IL 60132-0561 Do not write below this sedon of coupon. CA-11092 056106456454 09414 1190100 1190100 5000101 8857267 007006301902 Packet Pg. 811 C.20.g ATLANTIC PACIFIC INC 11382 PRSPRTY FRM 123 COUIVEMC/AG PALM BCH GARDENS,FL 33410 Named insured Palisy number: 06496454.7 Underwritten by: Progressive Express Ins Company May 18,2019 FL KEYS S.P.C.A. Policy Period:Jun 30,2019-Jun 30,2020 5230 COLLEGE RD Pagel of 4 KEY WEST,FL 33040 progressiveagent.coen Online Service Make payments,check billing activity,print policy documents,or check the status of a Comm c'RA Auto claim. 1-561-624-1800 CL ATLANTIC PACIFIC INC Contact your agent for personalized service. This is your revised IRenew'al 800-U4-4487 Declarations Page For customer rrf your agent is unavailable ontorto report a claim. Your poky information has changed CL This Renewal Declarations Page is effective only if the minimum amount due to renew your policy is received or postmarked by June 30,2019. " Your coverage begins on June 30,2019 at 12:01 a.m. This policy expires on June 30,2020 at 12:01 a.m. This coverage summary replaces your prior one,Your insurance policy and any policy endorsements contain a full explanation of your coverage.The policy limits shown for an auto may not be combined with the limits for the same coverage on another auto,unless the policy contract allows the stacking of limits.The policy contract is form 6912(06/10).The contract is modified by forms 1652FL (08112), 1198(01104),4852FL (10/04),4881 FL (01/13)and Z228(01/11). The named insured organization type is a corporation. PONCY Changes eft(feeflUG June 30, 2019 LO ....................""...............,. ......,.......................................,...................................... Premium change; -$1,493,00 .. •...... ..*"*"•....... ........... T.he....d...river.....in .. . o..rmation.. ....... .h.as....c.h.....ange...d,............................ ............... ................ Changes:����• � •��������•�� f The changes shown above will not be effective prior to the time the changes were requested. 0utfine of coverageDescription � . ......... .....,.Limits.......................................................................................ble Premium ............................................................... Liability To Others $9,998 Bodily injury and Property Damage Liability $1,000,000 combined single limit ..........................I........................... .............,................................................................................... Uninsured/Underinsured Motorist Rejected ............................................................................................................................................................................. Basic Personal Injury Protection 251 Without Work Comp-Named Insured&Relatives $10,000 each Person $0 ......................................................................................... ................................................................................... Comprehensive 648 See Auto Coverage Schedule Limit of liability less deductible .................—........... ........... ................................................................................. ... Collision 984 See Auto Coverage Schedule Limit of liability less deductible Subtotal policy premil m ............................................................................................................................................................................. Fees 20 .................................................................................................................................................... Total 12 Iinontiry policy premium and fees $111201 Continued Foim 6489 FL(01115) Policy number. 06456454-7 Fl.KEYS S.P.C.A. Page 2 of 4 Rated drivev .......... ............... ...................,...........**........ ........... ............ ....................................... ....................,........... ...........2. TAMMY FOX 3. X6��' .... .....*,....,........ ............. .......*.............. ............,....... ...... ...... " ....... .. . .4. LI�DS'EYTHOMPSO'N.......................... ........... ........,............................ ............*....... ... .........**......,...,.....,................... ................ ............................".........................5. TIFFANY BURTON *.....i...............*.............. ........... .................,......... ................6. DELBERT DUNSMORE ............... ...................**........,.....................7. TARA M VIG(REY ...................*''**................ ......*............... ...............................8. MARIEASIMPSON .......... ............. ............. .................................... ................................................ CL 9. JENNIFER R SHOWALTER CJ 10.l4kl4*1 SMITH ua ................. ......... ...... .............. ......... ................. .......11.SARA E BENTLEY 12.CECIL L LAWSONE Auto coveTage schedule = E 1 2014 Ford Econo/Club Wgn Actual Cash Value (plus$0.00 Permanently Attached Equip) CL VIN; 1FTNE2EW4EDA90169 Garaging Zip Code: 33050 Radius: 100 U) Liability P#R4 T Premium $2,423........ 0 U- .. .. ........................................................................................................................................... M �: $56 A cc ' 0M C01115fon collislon Physical Damage Deductible I b I e Premium U m Deductible Premium Auto Total w ............. ............ ................................................................................................ E Premium ... $127" $2 17 $2,784 121 E 2. 2015 Miss PJV 200 2.5s/5v Stated Amount: *$22,100(including Permanently Attached Equip) VIN: 3N6C[vIOKNOFK718821 Garaging Zip Code: 33040 Radius: 50 LO 04 C44 Liability Liability............PIP............ LO Premium $1,980 $47 O Camp Camp Collision Collision C44 Physical Damage Deductible Premium Deductible Premium Auto Total Premium ii6............ i 1*5-5........ -'$-2*�6...... ...... ...... ...................... ........... .......$"2';'4'50 E 3. 2005 Ford EconotClub w9n Actual Cash Value (plus 11,11 Permanently Attached Equip) VIN: 1FMRE1 IWX5HA98430 Garaging Zip Code: 33040 Radius: 50 Liability Liability PIP Premium ..........46..... ......... .........—*......... ............. .......*"**.......... Camp Camp Collision Collision Physical Damage Deductible Premium Deductible Premium Auto Total ii_*........... ................. Premium 50 $2,513,....... ....................... ............ ........ ....... ....... Continued Form 6489 Fl.(0 1115) Packet Pg.813 C.20.g Policy number: 064564S4-7 Fl.KEYS S.P.C.A. Page 3 of 4 4. 2006 Ford Econo/Club Won Actual Cash Value (plus$0.00 Permanently Attached Equip) VIN: 1 FTNS24W76DA11489 Garaging Zip Code: 33050 Radius: 100 Liability Liability PIP : Premium .. ................,............,...........................,................................................................................... ............ $1,973 $56 Comp Camp Collision Collision Physical Damage Deductible Prernmm Deductible Premium Auto Total Premium ............................. .................................................................I.............................................. $250 $101 $250 $93 $2,223 5. 2010 Chevvolet ERpress G2500 Stated Amount: °$25,000(including Permanently Attached Equip) ZL VIN: 1 GCWGAFG411 904 1 99 Garaging Zip Code: 33040 Radius: 50 Liability Liability PIP Lt" .Premium . ......................................................................................................................................... . . .. ............... $1..,.967 $46 Camp Camp Collision Collision Physical Damage Deductible Premium Deductible Premium Auto Total Premium $250 $250 .................................................................... $177 $380 $2,570 CL CJ *A vehicle's stated amount should indicate its current retail value,including any special or permanently attached equipment. In the event of a total loss,the maximum amount payable is the lesser of the Stated Amount or Actual Cash Value,less deductible. Be sure to checkstated amount at every renewal in order to receive the best value from your Progressive Commercial Auto policy. Premium discounts Policy ..................................................................................._.P...................................................................................... 06456454-7 Business Experience and Paid In Full Vehicle ............................................................................................................................................................................. 2014 Ford Econo/Club Wgn Anti-Lock Brakes and Air Sag 2015 Niss NV 200 2.5s/Sv Air Bag LO 2005 Ford Econo/Club Wgn Anti-Lock Brakes and Air Bag 2006 Ford Econo/Club Wgn Anti-Lock Brakes and Air Bag LO 2018 Chevrolet Express G2500 Anti-Lock Brakes and Air Bag , w Addi$ionall Insured information N 1 . Additional Insured MC BOARD COUNTY COM m 1100 SIMONTON S KEY WEST,FL 33040 Agent signature (JZI.a Continued Form 6489 FL(01/15) C.20.g ATLANTIC PACIFIC INC JAR99HEIMI '11382 PRSPRTY FRM 123 PALM BCH GARDENS,FL33410 COMMERCIAL FL KEYS S.P C.A. Policy Number: 06456454-7 Underwritten by: FL KEYS S.P C.A.. Progressive Express Ins Company 5230 COLLEGE .A Date of Mailing:June 14,2019 RD KEY WEST,FL 33040 Policy Period: Jun 30,2019-Jun 30,2020 Pagel of 1 ATLANTIC PACIFIC INC t. 1.561-624-1800 Online Service progressiveagent.com Customer Service CL 1-800-444-4487 Commercial Auto Insurance Bill Your premium has changed Tired of writing checks? Save time m and money with Electronic Funds Remaining balance $5,058.00 Transfer(EF77i Contact your agent ........... ............................................................................... for more information. CL Payments remaining 0 ,..,, .r.,,r ,+.�+� •.,,.. r �x� .ram. Myinimaypm amount V die5,d58'OrS� ran�caJ JulhIe To maintain your coverage,please pay the minimum amount due by the due date. Any amount you pay above your minimum will be credited to your next payment. If you've scheduled a payment,it is not reflected In the amount due. Billing detail for April 14, 2019 -June 14, 2019 Payment on May 6-thank you.........................-$696.00 Payment on June 6-thank you ......................-$11,901.00 "1LO Current amount(based on premium change) ..............$5,058.00 -. i`' ,1 Minimum amount due ..............................$5,058.00 e CD Payments received after June 14 will appear on your next statement. �+ cv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payment Coupon Policy Number: 06456454-7 FL KEYS S,P.C.A. ...................I................... ............................................. For immediate payment,please go to Remaining balance $5,058.00 progressiveagent.com or call 1-877-278-1615. ......................................... ,$5 .......... If you pay by check,please allow five to seven Minimum amount due 058.00 days for your payment to reach us. Write your Due date Jlune 30,2019 policy number on the check and make it payable Amount enclosed $ to Progressive Express Ins Company. .......................................•......•...•...................•...•,......•.....,....... �rIIIrIr.Irrrrrl�Irir.L.rrrr...Ilrr�llr.rrlunLlr..Irl�lll�r PROGRESSIVE DEPT 0561 CAROL STREAM IL 60132-0561 Do not write below this section of coupon. CA-11092 Form 6265 0 0/1 0) 056106456454 09414 0505800 0505800 5000118 4988547 007006301902 __.___ - - ---_-----_-____ Packet Pg. 815 C.20.g ATLANTIC PACIFIC INC 11382 PRSPRTY FRM 123 CONNEMC/RL PALM BCH GARDENS,FL 33410 Named insured Policy number: 06456454-7 Underwritten by: Progressive Express Ins Company June 15, 2019 FL KEYS S.P.C.A. Policy Period:Jun 30,2019-Jun 30,2020 5230 COLLEGE RD Page 1 of 4 KEY WEST,FL 33040 progressiveagent.com Onlina Service Make payments,check billing activity,print policy documents,or check the status of a C amme c'W Auto claim. 1-561-624-1800 Ensu ante Coverage Summary ATLANTIC PACIFIC INC Contact your agent for personalized service. Your is your Deco orations Page 1.800-444-4487 our coverage has changed Fnavailor bleortoie irtaclf your agentis unavailable or to report a claim, Your coverage begins on June 30,2019 at 12:01 a.m, This policy expires on June 30,2020 at 12:01 a.m. CL This coverage summary replaces your prior one.Your insurance policy and any policy endorsements contain a full explanation of your coverage.The policy limits shown for an auto may not be combined with the limits for the same coverage on another auto,unless the policy contract allows the stacking of limits,The policy contract is form 6912(06/10).The contract is modified by forms 1652FL (08/12), 1198(01104),4852FL (10104),4881FL (01/13)and Z228(01/11). The named insured organization type is a corporation. Policy changes effedive Sane 30, 2019 ....................... ...........,.,.,............,................................................................ Premium change: $5,058.00 ............................................................T.he.....dri. .v.e.r....informa... . ...tion. .h.as..........change............................................................... Changes: d LO The changes shown above will not be effective prior to the time the changes were requested. LO outline®f coverage Description Limits Deductible Premium CD ................................................................................................... CV 6a-bi1ity To Others $14,474 Bodily Injury and Property Damage Liability $1,000,000 combined single limit UninsuredNnderinsured Motorist Rejected Basic Personal Injury Protection 371 Without Work Comp-Named Insured&Relatives $10,000 each Person $0 Comprehensive 648 See Auto Coverage Schedule Limit of liability less deductible .............-'I'................ ................,....................................... Collision 1,446 See Auto Coverage Schedule Limit of liability less deductible subtotal policy premium $16,939 .,.'s......................''...............,..............,.........................*............................................................................,..*....2.,. 0 Fees Total 12 month policy premium and fees $16,959 Ratted drluea- .................................................................................................................................................................... 1, MATT ROYER ........................................................................................................................................... 2. TAMMY FOX continued Form 6489 FL(01/15) --- —---- — - ---- Packet Pg. 816 ' rL rr i "�° Page 2of4 ------------------------------------------------------- 3. AC��DAYTZ ---------------------'---------------------------------- 4� UND�8'TH0NP5DN ... ------------------------------------------------------' 5. �F�NY8URYON -------------------------------------------------------' 6. DELD[KTDUN5MORE � ... -----------------------------------------------------'— 7. TARA�V�%R� ---------- .......... ---- .............. — ........ —......... ......... ------- ........... ---- .......... ' 8. MARIEASIMPSON -------------------------------------------------------' 9. �NN�ERRSHO�ADEK —^~~---------------------------------------------------- 1�HUGH1SMITH -----.......... --............. --- ................... ........... -----.......... ---............. ........... — ...... — 11.SA@A[BENTiB' -------------`--------------------------------------~--- o- 12,��L��O � -------------------------------------------------------' ^ 8.M���D GU� � ------H--------~----------------------------------------' � 1�A�8E RWURPY � '. ' . ' . ' ....... ............. ................................ ................................ .............................................. ............. 1lbAU8ENMOON Auto coveirage scheduie ~^ �. 2014 Ford ECOROXIUb Wgin ActualCashValue (plus$0.00 Permanently Attached Equip) iffi NN! 1RN[2EN4FDA90169 Garaging Zip . � 39O�O ' Radius: 100 13. Liabilfty V���----nn---------------------.---------------1 "- r�mmm $l617 $83 Comp comp Collision Collision " Physical Damage Deductible.~..�����.--.���m�---n��m�---------------------------'�y��s� � Premium ---. � $�O $127 ��Q $�� $3,989 , ~ � E Z. 2015 W �����@� s � S��dAmuun� °�Z2'10OUndudngPennane����a� � � Attached � °� � � � NN: 3N6[MOKN0FK718821 Garaging Zip Code: 33048 Radius: 50 to Liability ............T.............................................................................................................. to Premium $2,865 $Gg en comp— comp Collision Collision ~^ ` CD Physical Damage Ded���___,���� u�y��u__';����______ _____________ � ���7$� � @�� nw Premium ' — -- �� $1B �� �� 3. 2005 Ford Eownm/Clmb Wgm Actua [ashValue (plus$O.O0 Permanently Attached Equip) NN: 1RNRE11YVX5HA98430 Garaging Zip Code: 33040 Radius: S8 Liabil ............np ...................... ......... ........ .................. .........— ............. --............ --- Premium $2,389 $68 p�mi ����g8 ��p', Comp cmmw Collision le Premium DeduLaible Premium Auto Total Premium $-------------------~---------------------------------- ]BJ $88 $BO $06 � � �2�W� Form owma(0m5) Policy number: 06456454-7 FL KEYS S.P.C.A. Page 3 of 4 4. 2006 Fovd EconoXllub Wgn Actual Cash Value (plus$0,00 Permanently Attached Equip) VIN: 1FTNS24W76DA,11489 Garaging Zip Code: 33050 Radius: 100 Liability Liability.... ......'PIP ........................... .......... ......................... ...................................1-1s: Premium $2,856 $83 Comp Comp Collision Collision Physical Damage Deductible Premium Deductible Premium Auto Total Premium .............i96............. ................ ............... ........ ....... ........... 01 5. 20118 Chevrolet Upress G2300 Stated Amount: "$25,000(including Permanently Attached Equip) CL VIN: IGCWGAFG4JI904199 Garaging Zip Code: 33040 Radius: 50 Liability Liability PIP 1, ......................I.................................... ............. ......... ........................................... .......I.................. ....... Premium $2,847 $68 E Camp Camp Collision Collision Physical Damage Deductible Premium Deductible Premium Auto Total E Premium .$2.5.................1..7..0 $ 7. ...........$.25.0.............$ 8.............I................................................................ .......$1 3,650 CJ CL *A vehicle's stated amount should indicate its current retail value,including any special or permanently attached equipment. In the U) event of a total loss,the maximum amount payable is the lesser of the Stated Amount or Actual Cash Value,less deductible. Be sure U_ to check stated amount at every renewal in order to receive the best value from your Progressive Commercial Auto policy. Premium discounts Policy ..................................I......I................................................................................................................................... E 06456454-7 Business Experience and Paid In Full Vehicle ........................I............................................................................... ............................................................. ...... E 2014 Ford Econo/Club Wgn Anti-Lock Brakes and Air Bag 2015 M55 NV 200 2.5s/Sv Air Bag LO 2005 Ford Econo/Club Wgn Anti-Lock Brakes and Air Bag C44 2006 Ford Econo/Club Wgn Anti-Lock Brakes and Air Bag LO 2018 Chevrolet Express G2500 Anti-Lock Brakes and Air Bag Additional Insured information C44 .......... ............. ............... .... ................................................... I Additional Insured MC BOARD COUNTY COM.................. a) 1100 51MONTON 5 KEY WEST,FL 33040 E Agent signatuve W..C?.j� continued Form 6499 FL(01115) Packet Pg. 818 Policy number: 06456454-7 FL KEYS SAC.A, Page 4 of 4 company officers Secretary CL CL Ao � 8 \ P O S V7 N f0 � O d 1 O � � R C U Form 6489 FL(01115) - - - - ---- --- Packet Pg. 819 NGM Insurance Company 4601 Touchton Rd East Ste 3400 Report of Execution - Renewal P.O.Box 16000 Jacksonville,FL 322454000 Agency Code: 09-0236 Bond Number: F-271572-N Bond Effective Date: '202019 Atlantic-Pacific Ins Bond Expiration Date: 6/26/2020 11382 Prosperity Farms Rd#123 Type of Renewal: Continuous Palm Beach Gardens,FL33410 CL U Principal: Obligee: Florida Keys SPCA Inc 5711 College Rd m Key West,FL 33040 Type of Bond Classification Penalty Premium insuring Agreement 1:Blanket Emp cc Fid Non-profit Orgnlall Other $100,000 $0 CL Dishonesty Per Loss Endorsement Include Agents and Non-Employees $258 TOTAL PREMIU $258 G '` \ ck--t;b Description: UM l lr (Qvmcynium ,Remarks.. Include Volunteer Workers LO N N Additional Principals: Additional Obligees: LO e� • 5 13c�dG�C,� ����s: I�W �►.�. 5 _ 1 l / � � rnr�� rr, .nrp tio.5 APR 29 2019 Attorney: Other: sv SYSTEM PB/9 Packet Pg. 820