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1. 02/17/2010 to 02/16/2015 02/17/2010DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DA TE: March 3 0, 2 010 TO: Reggie Paros, Manager Florida Keys Marathon Airport A TTN: Stacy De Vane, Executive Assistant FROM: Pamela G. Hanc ck, . C. At the February 17, 2010, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Thru-the-Fence Agreement between Monroe County and the Florida Keys Mosquito Control District (FKMCD). Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File THRU-THE-FENCE LEASE AGREEMENT BETWEEN MONROE COUNTY AND THE FLORIDA KEYS MOSQUITO CONTROL DISTRICT THIS AGREEMENT, made and entered into this 17th day of February, 2010, by and between MONROE COUNTY, a political subdivision of the State of Florida, hereafter "LESSOR" or "COUNTY", whose address is Gato Building 1100 Simonton Street, and FLORIDA KEYS MOSQUITO CONTROL DISTRCT, an independent special district, whose address is 5224 College Road, Key West, Fl. 33040 hereafter "LESSEE" or "FKMCD". WHEREAS, LESSOR owns the property known as the Florida Keys Marathon Airport, located in Marathon, Monroe County, Florida, hereinafter referred to as "Airport"; and, WHEREAS, LESSEE formerly leased a parcel on Airport property upon which LESSEE constructed a hangar, laboratory and administrative offices for Mosquito Control operations; and WHEREAS, LESSEE owns property adjacent to the Airport upon which LESSEE has now competed construction of a hangar, laboratory, administrative offices and operations area; and, WHEREAS, LESSEE has ceased operations upon it former site on the airport and has relinquished all rights, claim and legal title to the Airport facility; and WHEREAS, LESSEE desires direct access onto the Airport for purposes of FKMCD flight operations; and WHEREAS, the FKMCD facility is a secure compound that can only be entered through a security control and protection system; and WHEREAS, LESSEE desires to obtain certain rights, services and privileges in connection with said property, and the COUNTY is willing to grant and lease the same to LESSEE, upon the terms and conditions hereinafter stated, now, therefore, IN CONSIDERATION of the premises and of the mutual covenants and agreements herein contained, and other valuable considerations, LESSOR does hereby grant and lease unto LESSEE, and LESSEE does hereby lease from LESSOR, certain premises, rights and privileges as follows, to wit: W I TNESSETH: 1. Premises. THE LESSOR leases unto said LESSEE the right of ingress and egress, to and from the Marathon Airport, Marathon, Key Vaca, Monroe County, Florida. Such ingress and egress shall be allowed only onto said Marathon Airport and only from LES SEE's adjacent property and hangars as shown on Exhibit A (property map) attached and incorporated as Exhibit "A". LESSEE leases from LESSOR a total of 25,850 square feet of improved and unimproved ramp area as follow; 12,650 square feet of paved ramp area adjacent to the LE S S EE' s property as shown on Exhibit "B 1 " and an adjoining unimproved 13,200 square foot parcel as shown on exhibit "B21" . 2. Term. The above -described rights of ingress and egress shall commence on February 17, 2010, and terminate February 16, 2015. 3. R= The LESSEE hereby covenants and agrees to pay the LESSOR an initial base rent in the sum of $797.04 per month, or $9,564.50 per year, for the use of said premises. The monthly rent is due and payable beginning on the first day of each month. All rental payments are due at the Airports Business Office, 3491 S. Roosevelt Blvd., Key West, FL 33040. Following the initial year of this lease, the annual rental sum will be adjusted each year by a percent equal to the increase in the CPI for all urban consumers (CPI-U) above that of the prior year or equal to the standard rates and charges as amended and approved annually by the Monroe County Board of County Commissioners (whichever is lower). If LESSEE elects to pay the rent in one annual installment, such yearly rent shall be payable, in full, on or before June 1st of each year. LESSEE shall be entitled to receive a rent credit for the estimated value of mosquito control services for each full year LESSEE provides mosquito control services at the Florida Keys Marathon Airport. The credit shall be calculated as follows: (present taxable value of the airport if the airport was not tax exempt) x (the millage rate for mosquito control) _ (estimated value of mosquito control services) The estimated value of mosquito control services for the initial year is $5,410.79 ($14,246,419 x 0.00037898 = $5,410.79), leaving a balance due of $4,153.71 for the initial year's rent or $346.14 per month. 4. Covenants, The LESSEE hereby covenants and agrees with the LESSOR as follows; A. The LESSEE shall have the right of access to the Marathon Airport through the leasehold area from its operations area located off airport property. B. That the said operations area shall be used only for purposes of carrying out the functions of the Florida Keys Mosquito Control District. C. That no commercial maintenance of aircraft, no commercial activities, nor any other aviation business shall be conducted in the hangars or operations area by the LESSEE. LESSEE'S hangars shall be utilized solely for housing and/or repairing FKMCD aircraft. D. Fueling or servicing of aircraft on the leased premises must be in accordance with the National Fire Protection Association (NFPA) Code 407. E. To pay the LESSOR the rent at the times and in the manner provided for by this lease. F. To allow LESSOR, with reasonable notice given to LESSEE, to inspect LESSEE'S premises described in Exhibit "A", for the purpose of ascertaining the performance of the covenants herein. G. To the extent permitted by Florida law, the LESSEE agrees to indemnify and hold the LESSOR harmless from any liability by reasons of his use of airport property. To the extent permitted by Florida Statute 768.28, the LESSOR agrees to indemnify and hold the LESSEE harmless from any liability due to the actions of the LESSOR, its agents or assigns. H. LESSEE agrees to maintain an insurance policy in a form acceptable to the County, for general liability and property damage. Said policy shall afford general liability and property damage protection in a minimum amount of Two Hundred Fifty Thousand Dollars ($250,000.00) per occurrence. I. If LESSEE is notified that this lease has been violated for failure to maintain said adequate insurance coverage, upon notification, LESSEE shall immediately cause adequate insurance coverage to be provided, as stated in paragraph H, herein. Notwithstanding paragraph H, herein, LESSOR reserves the right to restrict all access to the airfield until it receives proof that such adequate insurance has been provided. J. LESSEE shall keep his access gate to the Airport locked except when in actual use for ingress and egress to the Airport. K. This lease shall be binding upon the parties thereto, their successors, personal representatives, and assigns. L. This lease shall be automatically cancelled should any condition of this lease be violated and not corrected with ten (10) days of written notice of the violation. In the event such violation is by a tenant of LESSEE, the commencing of diligent efforts to correct the violation shall preclude automatic cancellation. It is intended that LESSEE shall immediately commence litigation to correct any said violations if not so corrected within ten (10) days of the aforesaid written notice. M. The base rental fee amount (standard Marathon Airport rates and charges) agreed to herein may be adjusted annually at LESSOR's option, in accordance with the percentage change in the Consumer Price Index (CPI) for Wage Earners and Clerical Workers in the Miami, Florida, area index, and shall be based upon the annual average CPI computation from January 1 through December 31 of the previous year or equal to the standard rates and charges as amended and approved annually by the Monroe County Board of County Commissioners (whichever is higher). N. This lease is subject to approval by the Federal Aviation Administration. O. This lease may not be assigned or subleased to new parties without the express written consent of LESSOR and the approval of the FAA. Such approval shall not be unreasonably withheld. 5. Leasehold Imrovements and Use. LESSEE has the right during the term hereof, at its own expense, to pave the unpaved portion of the leasehold. LESSEE SHALL NOT PERFORM ANY OTHER LEASEHOLD IMPROVEMENT WITHOUT THE WRITTEN APPROVAL OF THE AIRPORT MANAGER FOR THE FLORIDA KEYS MARATHON AIRPORT. LESSEE shall cause to be removed any and all liens of any nature arising out of or because of any construction performed by LESSEE or any of its contractors or subcontractors on the leased premises or because of the performance of any work or labor upon or the furnishing of any materials for use at said premises, by or at the direction of LESSEE. 6. Common Areas LESSEE shall have the right to use, in common with others, the Airport space and facilities to permit landing, taking off, loading, unloading and servicing of LESSEE'S aircraft, subject to reasonable rules and regulations of the COUNTY as to the use of such common spaces and facilities. 7. Maintenance of Premises LESSEE shall be responsible for and shall properly maintain the leased premises, and upon the termination of this lease, shall leave the premises in at least as good condition as at the time of the commencement of this lease, normal use and occupancy excepted. LESSEE is responsible for and shall properly p y maintain the security fences and gates surrounding the leased premises and is also responsible for properly securing any portion of the premises being remodeled or under construction. 8. Inspection and Maintenance of Premises by COUNTY The COUNTY and its authorized officers, employees, agents, contractors, subcontractors and other representatives shall have the right to enter upon the leased premises for the following purposes: a) to inspect the leased premises at reasonable intervals during regular business hours (or at any time in case of emergency) to determine whether LESSEE has complied and is complying with the terms and conditions of this agreement with respect thereto; b) to perform essential maintenance, repair, relocation, or removal of existing underground and overhead wires, pipes, drains, cables and conduits now located on or across the leased premises, and to construct, maintain, repair, relocate, and remove such facilities in the future as necessary to carry out the Master Plan of development of the Airport; provided, however, that said work shall in no event unduly interfere with the operations of LESSEE and, provided further, that the entire cost of such work, including but not limited to the cost of rebuilding, removing, relocating, protecting or otherwise modifying any fixed improvements at any time erected or installed in or upon the leased premises by LESSEE, the COUNTY or third parties, as a result of the exercise by the COUNTY of its rights hereunder, and all damage to such fixed improvements caused thereby, shall be borne by the COUNTY. 9. Non -Waiver of Immunity. Notwithstanding the provision of Sec. 768.28, Florida Statutes, the participation of COUNTY and LESSEE 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. 10, Books, Records and Documents LESSEE shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. 11. Governing Law, Venue, Interpretation, Costs, and Fees This agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this agreement, the COUNTY and LESSEE agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The COUNY and LESSEE agree that, in the event of conflicting interpretations of the terms or a term of this agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 129 Severability If any term, covenant, condition or provision of this agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this agreement would prevent the accomplishment of the original intent of this agreement. The COUNTY and LESSEE agree to reform the agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 13. Attornev's Fees and Costs The COUNTY and LESSEE agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this agreement, the prevailing party shall be entitled to reasonable attorneys fees, court costs, investigative and out-of- pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. 14, Binding Effect The terms, covenants, conditions, and provisions of this agreement shall bind and inure to the benefit of the COUNTY and LESSEE and their respective legal representatives, successors, and assigns. 15. Authorit Each party represents and warrants to the other that the execution, delivery and performance of this agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. 16. Claims for Federal or State Aid The COUNTY and LESSEE agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 17. Adjudication of Disputes or Disagreements The COUNTY and LESSEE 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 thirty (30) days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Monroe County Board of County Commissioners. 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 by Florida law. 18. 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, the COUNTY and LESSEE 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. The COUNTY and LESSEE specifically agree that no party to this agreement shall be required to enter into any arbitration proceedings related to this agreement. A party who requests the other's party's participation in accordance with the terms of this section shall pay all reasonable expenses incurred by the other party by reason of such participation. 19. Nondiscrimination The COUNTY and LESSEE 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 LESSEE has discriminated against any person, this agreement automatically terminates without any further action on the part of any party, effective the date of the Court order. LESSEE agrees to comply with all Federal and Florida Statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975; as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91- 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination based of disability; 10) Secs. 13-101, et seq., Monroe County Code, relating to discrimination based on race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identify 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. 20, Covenant of No Interest The COUNTY and LESSEE covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this agreement, and the only interest of each is to perform and receive benefits as recited in this agreement. 21, Code of Ethics The COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 22, Public Access The COUNTY and LESSEE shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and LESSEE in conjunction with this agreement; and the COUNTY shall have the right to unilaterally cancel this agreement upon violation of this provision by LESSEE. 23. 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 and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 24, Legal Obligations and Resuonsibilities Non -Delegation of Constitutional or Statutory Duties. This agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida Constitution, State Statute, and case law. 25. Non -Reliance by Non -Parties No person or entity shall be entitled to rely upon the terms, or any of them, of this agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and LESSEE agree that neither the COUNTY nor LESSEE 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 this agreement. 26. Attestations LESSEE agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 27. No Personal Liability No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this agreement or be subject to any personal liability or accountability by reason of the execution of this agreement. 28. Execution in Counterparts This agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this agreement by signing any such counterpart. 29. Section Heading Section headings have been inserted in this agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this agreement and will not be used in the interpretation of any provision of this agreement. 30. Default Unless the COUNTY has accepted a rental installment after it has become due together with any applicable late payments and penalties, the failure to pay rental installments when due shall constitute a default under the terms of this lease. The failure to pay any other charges or fees when due under this lease shall constitute a default. Further, the failure of LESSEE to perform any other of the covenants of this lease, which failure shall continue for a period of ten (10) days, or for such longer period of time as may be reasonably required to rectify said failure through the exercise of prompt, diligent and continuous action, after notice thereof is given to LESSEE in writing by the COUNTY, shall also constitute a default under the terms of this lease. In the event of a default, the COUNTY may, at its option, declare the lease forfeited and may immediately re-enter and take possession of the leased premises and this lease shall terminate. If it shall be necessary to employ the services of an attorney in order to enforce its right under this paragraph, or to collect any of its rentals, fees, or charges due, the COUNTY shall be entitled to reasonable attorney's fees. 31. Termination of Convenience. Either party may cancel this lease agreement by giving sixty (60) days advanced written notice. 32. FAA Requirements The parties shall comply with FAA Required Lease Clauses, which are listed in Exhibit C, attached hereto and made a part hereof. 33. AIRPORT SECURITY a. General. The Federal Transportation Security Administration is the federal agency primarily responsible for overseeing the security measures utilized by the airport owner pursuant to the relevant provisions of Chapter 49, United States Code, and regulations adopted under the authority of the Code, including but not limited to 49 CFR 1540, et seq. Violations of the statutes or regulations may result in severe civil monetary penalties being assessed against the airport operator. It is the intent of the airport operator that the burdens and consequences of any security violations imposed upon the airport operator as a result of actions by an airport tenant or the airport tenant's employees, agents, invitees, or licensees shall be borne by the airport tenant. b. Airport Tenant Defined. An airport tenant means any person, entity, organization, partnership, corporation, or other legal association that has an agreement with the airport operator to conduct business on airport property. The term also includes an airport tenant as defined in 49 CFR 1540.5. Each signatory to this agreement, other than the airport operator, is an airport tenant. c. Airport Operator Defined. As used in this agreement, airport operator means Monroe County, Florida, its elected and appointed officers, and its employees. d. Airport Property Defined. Airport property shall mean the property owned or leased by, or being lawfully used by, the airport operator for civil aviation and airport - related purposes. For purposes of this agreement, airport property is the property generally referred to as the Key West International Airport, the Florida Keys Marathon Airport, or both as may be set forth in this agreement. e. Inspection Authority. The airport tenant agrees to allow Transportation Security Administration (TSA) authorized personnel, at any time or any place, to make inspections or tests, including copying records, to determine compliance of the airport operator or airport tenant with the applicable security requirements of Chapter 49, United States Code, and 49 CFR 1540, et seq. f. Airport Security Program. The airport tenant agrees to become familiar, to the extent permitted by the airport operator, with the Airport Security Program promulgated by the airport operator and approved by TSA, and also agrees to conform its' operations and business activities to the requirements of the Airport Security Program. g. Tenant Security Program. If permitted under TSA regulations, the airport tenant may voluntarily undertake to maintain an Airport Tenant Security Program as referred to in 49 CFR 1542.113. If the airport tenant voluntarily promulgates an Airport Tenant Security Program that is approved by TSA, such program, as may be amended and approved from time to time, shall be automatically incorporated into this agreement. h. Breach of Agreement. Should TSA determine that the airport tenant or one or more of the airport tenant's employees, agents, invitees, or licensees has committed an act or omitted to act as required, and such act or omission is a violation which results in TSA imposing a civil penalty against the airport operator in accordance with TSA's Enforcement Sanction Guidance Policy, such determination and imposition of a civil penalty by TSA shall be considered a significant breach of this agreement. (1) Minimum Violation. If the violation is the first or second violation attributed to the airport tenant and is a civil penalty "minimum violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, mitigating, compromising, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures. If the violation is a third violation, or there are multiple violations in excess of two violations, that is or are a civil penalty "minimum violation," the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this agreement, such cancellation to be effective thirty (30) calendar days after receipt by the airport tenant of written notice of cancellation of this agreement by the airport operator. (2) Moderate Violation. If the violation is the first or second violation attributed to the airport tenant and is a civil penalty "moderate violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport tenant may cause all of airport tenant's employees involved in the airport tenant's business operations on the airport property to undergo such security training as may be required by the airport operator. The total cost of the training shall be paid for by the airport tenant. If the violation is a third violation, or there are multiple violations in excess of two violations, that is or are a civil penalty "moderate violation," the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taping of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty (30) calendar days after receipt by the airport tenant of written notice of cancellation of this agreement by the airport operator. (3) Maximum Violation. If the violation is the first violation attributed to the airport tenant and is a civil penalty "maximum violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines and penalties imposed, in investigating, defending, compromising, mitigating, or taping of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport tenant may cause all of airport tenant's employees involved in the airport tenant's business operations on the airport property to undergo such security training as may be required by the airport operator. The total cost of the training shall be paid for by the airport tenant. If the violation is a second violation, or there are multiple violations, that is or are a civil penalty "maximum violation," the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taping of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this agreement, such cancellation to be effective thirty (30) calendar days after receipt by the airport tenant of written notice of cancellation of this agreement by the airport operator. (4) Mitigation of Breach. TSA has a policy of forgoing civil penalty actions when the airport operator detects violations, promptly discloses the violations to TSA, and takes prompt corrective action to ensure that the same or similar violations do not recur. This policy is known as the TSA Voluntary Disclosure Program Policy, and is designed to encourage compliance with TSA regulations, foster secure practices, and encourage the development of internal evaluation programs. The airport tenant agrees that upon detecting a violation the airport tenant will immediately report it to the airport operator. Should the TSA ultimately determine that the violation was committed by the airport tenant, or an employee, agent, invitee, or licensee of the airport tenant, but the violation should result in the issuance of a letter of correction in lieu of a civil penalty, then the airport tenant shall reimburse the airport operator the total costs incurred by the airport operator in investigating, defending, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, mitigation, or taking of remedial action measures. A violation resulting in the issuance of a letter of correction shall not be considered to be a breach of this agreement by the airport tenant. (5) Survival of Subsection. This subsection shall survive the cancellation or termination of this agreement, and shall be in full force and effect. 34. Rules and Regulations A. COMPLIANCE. LESSEE shall comply with all ordinances of the COUNTY, including any reasonable rules and regulations with respect to use of Airport property, as the same may be amended from time to time, all additional laws, statutes, ordinances, regulations and rules of the federal, state and county governments, and any and all plans and programs developed in compliance therewith, which may be applicable to its operations, including specifically, without limiting the generality thereof, federal air and safety laws and regulations and federal, state, and county environmental, hazardous waste and materials and natural resources laws, regulations and permits. This agreement is subordinate to the County's obligations under federal aviation law and contractual commitments to the federal government. Upon a formal written declaration by the Federal Aviation Administration ("FAA") that a term or provision of the Agreement is inconsistent with federal aviation law or a contractual commitment to the FAA, the impermissible term shall be severed, without affecting the remainder of the Agreement. The parties may agree to amend the Agreement as provided herein as necessary to comply with the FAA's formal written declaration. B. VIOLATIONS. LESSEE agrees to pay on behalf of the COUNTY any penalty, assessment, or fine, issued against the COUNTY, or to defend in the name of the COUNTY any claim, assessment, or civil action, which may be presented or initiated by any agency or office of the federal, state, or county governments, based in whole or substantial part upon a claim or allegation that LESSEE, its agents, employees or invitees have violated any law, ordinance, regulation, rule or directives described in 34(A) above. 35. Rights Reserved. Rights not specifically granted to LESSEE by this Agreement are reserved to the COUNTY. 36. Mutual Review. This agreement has been carefully reviewed by LESSEE and the COUNTY, therefore this agreement is not to be construed against either party on the basis of authorship. The remainder of this page has been intentionally left blank. IN WITNESS WHEREOF, the party of the first part has caused these presents to be executed in its name, and the party of the second part has signed these presents, in duplicate, all as of the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTE ANNY KOLHAGE, CLERK OF MONROE COUNT FLORIDA By By Deputy Clerk &*7Mayorkhairperson Date FE 8 1 7 2010 (SEAL) ATTEST: By rl� Director Date �. - Z. 6 -/ 4D FLORIDA KEYS MOSQUITO CONTROL BOA CONTROL BOA By Or 4ChaVefrs& 7 :�> r M C 3 NOTARY PUBLIC -STATE OF FLORIDA Mary Ann Victores ft A C:D Commission # DD596628 - -* A_CD Expires: NOV. 01.1 2010 70 BONDED THRU ATLANTIC BONDING CO., INC. r-rl C Cob Ul C) IVA �LO'Aov C C; U V AS TO P ADO STAN67T C UN'T1' ATTORNEY D& L _�T7v 1_1,ompt7f,, r L:'—' ixNIsir -6- i ��..�Aso \ 1 ' \ f A� i 6 %M . �w as 10 ...,.... - EXHIBIT c DEC 131g93 AIRPORnIOMB uk rsius WOM i. This lase shall be subjaat to review and Inatidn at the and of each 2 a Yow Patiod, by the airpos't crime= and the rest may -be adjuated accord#nq to their action, not to mcc+ud the Consustr Ptica Index refs during the last I -M *oath period, or; Land loss ovaaonts will be appraised eva�y S years and tb� adjvd rWadjustedl will be bsaad on notss]1y 10-12 pof appraised value. T„t dioputed, lassow obtnina appraioal at hie eacpanse and l*rsaw jlAs"u a90-llY share as for review sppraioal that a tabliahes fair aces-krt value. z. The tenant !or himsall, his persoen], repzooen�ativssr aurcebsors in interest, end assignor ea s port of the consideration he�vt, doss hereby av�wannut and agree that (2) no parson an the grc�ur,� of race, ooloW, aae natio�l o�rig3n sh�t3,3, be Gxeluded tsws partiaipstion . in, deAied the bout=its of,, or be othes�,leti subjacted to discrimination in uM of said tacilitisu, (2) that in the cronatraata.cn of any improvnts on, over or under such lend and the ln=isminq or services thereon„ no pWson on the grounds of race, color, 9W national origin is be e303luded lra= participation in, d4knisd the benefits oZ, or be otherwise snbjeot�d to discrimination. (3) that the Conant shall use the premj.sea in coaaplianas with all otter roquirments iMosed by or pursuart to Title 49, Code of Federal Regulations. Department of Ttnnsportation, Smbtit],s 71, OlZico of the sneratai-y, pert Zi. Nortdiscriminat3on la Federally -assisted g=ograms of the Departaant Of Trrnnmrtatton-Ettectuatian of Title VI of the Civil Rights Act Of 1964, sna an sefd-xaqulationa may be amondod. That ist the seb of any o! the abavo no�,diacrimiaatio� oov�rsa���, �lirpart Ovridr mall haw the right to tormiaats the lease and to reqnoritrr and an 3t ssid lease hod novoW booms amdo or l.oauod. The provision shall not be efPsative until tha p"aadns" oI Title 49, Code of FeAarel Regulations, rnWt as are I012uw"d es�d canapieted ira2udisiq ise or expiration of appeal rights. 3. It shall be a condition or t2iSs aaa, Lbai. t.Ls l� ro"rves unto 01-r o ita attccessors and assigns , tar fine uea ana Mnatit Of the pwi2lc, a rigttt of =light for the passage or ao�v ircraft in the airspace abe the surfaces of the real propesty tereivafter deacribwel, tog� thez with the right to cause in said airspace euo� Hosea as may be inhszent in the operation of mirC=alt, now known or hereattw used, car uavigaticm or or flight in the amid of rspace, and for use of said airs as for lxndinq onoo felting off from or operatinq on the airpaaet. That the Tenant ozprssillY rees for itself, its snccassors and aesfgns, to restrict the height of structures, objects of natural Qrvwth and othor obstructions an the hareinaltgr described real &WWortY to such a height so as to amply with Feduml AviatioA Uguletians, Part 77. '1'!�t �o L�oo oxpaeI ely aqr� !o� ita�ll, its etiaoeeSore and assigasl, to =mY use of the bersfmatt�r dsnoribad sosl pr'oPortY . wlsia�t wouldintArl� or with eadvsraely ntlaat the opatatian CW msis of the airport, or othexvisa oonatit-nto an airport hoserd. . 4. This lease and a1i provisiczis hareot are snb j met and fib �ubwR3,triste Lci Ulu I.erms and vonditiosim o!. the instsvments and dommeats under which I�ae Afrpast oar scgttlted the subject property from the tTnitxd el.stds of AueriCm and sail be Yiv6n only such s=tsat ass vili not aon=lict or bt itYaonsstent with the term atui condition contained its the lease of ' Baia .Lends tram the Airport Cwnor, and any eocistlnq or subsequOt amendments tlsereto, and are sttb jet to any orditiatt"tos, rules or roqulation� which have bees, or may horestt�r be adopted by the Airport owner pertafn£nq to the /f"1 A nATho,J Airport. s. Nottitithinq beseist oontainsd that may be, .'s or appear to be. -to the aortrery, it in snps-s�lp understood and agreed that the rights granted under agreement are nonvcalsuiw and the L��vr horsin r�arvos the right to grant similar privileges to another LessAe or other LaogRaau on ether parts of the' a.fs'Port- RECEIVED DEC g93g9 AIRPO I OMB CERTIFICATE OF COVERAGE I SSUED ON: 3/22/2010 COVERAGE PROVIDED 8Y: PREFERRED GOVERN ENT ,---------- ------- Noftow"WA -- --- ----- --- —---------- -NSURANCE TRUST PACKAGE AGREEMENT NUMBER: PK FLI 0444043 09-07 COVERAGE PERIOD: 10/112009 TO 10/1/201012-01 AM CO'VERAGES.This into certify that the agreement below ham been issued to the designated member for the co--- requirement, term or condign of any contract or oilier document with respect to which this c eftifiCatr rn v�erage �riod i rwn.t�i. iVotwitha� Q any agreement described herein subject to all the terms, exclusions and conditions of such anr+eement may be issued or may Pertain, the coverage alfar+ded by the Mail to: Certificate Holder Monroe County BOCC 1100 Simonton St,, ,Room 268 Key Nest, F 1.33040 LIABILITY COVERAGE -- X Comprehensive General Liability, Bodily injury. Property Damage And Persona) Injury Limit $3,000,000 / $6,000,000 S27500 Deductible X Pubic Officials L.iabi ity Limit $1,000,000 $5,000 Deductible X Employment Practices Liability Limit $1,000,000 $5,000 Deductible X Bmplvyee Benefits Liability Limit $3,000,000 / $6,000.000 $29500 Deductible Law Enforcement Liability Limit PROPERTY COVERAGE Buildings & Personal Property Limit Noce. &w coveruge agrcemem for derails on wind, Rand and uiAer iterated, Barrowed mod Leased Equipment Limit. All other Inland Mnaine Limit r t . n De$Onated Afefrr,6er FIO'l l,ft 1tay* Mosquito Con#W !#&area 5224 Coll W Road Key Wrest, FL ,330 0 WORKERS' COMPENSATION COVERAGE WC AGREEAUNT NIIMBEIt: Self Insured Workers' Compensation Statutory Workers' Compensation Employers Liability Each Accident By Disease Aggrega c Disease AUTOMOBILE COVERAGE j Automobile Liability Limit $3,000,000 $0 Deductible X All Owned Specifically Described Autos X Hired Autos K Non -Owned Autos Automobile physical Damage X Comprehertsivc Sec Schedule for D iuctible X Collision See Schedule for Deductible X Hired Auto with limit of $35,OW Garage Kcepers Liability Limit Liability Deductible Comprehensive Deductible Collisionn Deductible Nt�FE:Ths limit Of Ibtity is �100,000 Soddy Injury and/or PrOa Darn specific limits of liablity are incr"" d to tmk3 shown above P per Pnmon or $200,000 So—d-hy Injury artdlor Property Dams Florida Statutes or liabint im asel# Per �unvam, solely for any liability resulting horn entry of a cl s b11 pun ins t� Sa ee. hese Y p pursuant to Federal Lawv or actlons outside the State of Florida. 28 (5) Dea00tlon of Ovors donV l.ocattions/•. ehici ems: x Addificna I. Cwered P ► per PGIT fa it unty ROCC 1I00 .; n 208 K :•;M. . L :'. :S;mcrt sori fit' ey VV6 A. 3 .<. ed by rncl l r g�ej ,' bear :wile h : i! o�rrfbtffrJ+ on"!p 0 : **y acmracy, . This certificate is Issued as a rustler of informalon orgy and confess rtia ri upon #h a�tarded by the agreement above. 9 po a rrertificate holder. This certii*icote does not amend, extend or alter the corners ...�..�. -RUMecrniri#ara <� :: �: :�. ; ;ANCIELLATXla i •p: . ' t " :• :; ::; : R ' f SMI &ID ANY mxr cw -a II; �ovF DEzcRMRD A(;AT.Te►a:Nr HE a wc� LRD SRn }RIs TFI}i L'S�IRATICII� TNHR". PRM- hUD WVhRNW14TAL dh .327N4::. '''� ': " . :::;: ; ; '." .: % '•::: '.: " r: ' QATR IN U ANCFS TRi)xT WILL Fs�DEA► � [IR p►vs WRI7"l :X Wp 1V rort r Fw aR T OJT/ 16s DAYS wIUT3EN 14A YMFWT (W PI E&SUK TID THE C�RT7rCA'rE Fi01.nER NAI p iL6(lYF, ntii FAII.URR TV ;,: : ;: :'�:r::::?:::�•:::: : •` .; :::;:::::•... s [lPLIN UC11 AlMCR 311ALL IP(w WU (3BLIGA170M THE T'Rt7 AAM, ITS NJENrs UR REMWAFM+�77�rEa. �'R LIA81Litr tx� A1Vv -10y' jaw Loo� A/ - Wost, FL 33040 : > '.>../:•:•:• ••••• " ------------ AU1HQRMM RWRESENTA7 [vE PG(T CERT (t 1109)PRINT!'()R2Lf 3/22l2010 PUBLIC ENTITY AUTOMATIC ADDITIONAL COVERED PARTIES THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE (SAD IT CAREFULLY. This endorsement modifies coverage Provided under the GENERA, LIABILITY COVERAGE FORM PGIT AUTOMpI�ILE COVERAGE FORM, PGIT 3 Q the FORMI PGIT 104 and the PROPERTY AND INLAND MARINE COVERAGE Where indicated by (x) below, covers The previsions in this endorsement do coverage applies to the person(s) or organization(s) as their interest t supersede Florida Statute 768,28, Article 1 o 13 of th may appear. Constitution, or any other Statute or law un iting whom a Publica Florida Entity can indemnify, .�. ADDITIONAL COVERED PARTY - GY C4IVTRAC SECTION 1- wino IS A COVERED PARTY T� AGREEMENT OR PERMIT is amended to include any Person(s) or organization s h whom you agree in a written "ensured contract" # � � (hereinafter raHed Additional Covered tea with fiablity arising, in whole or in part out of o name as a Covered Party, but only with respectParty) your operations, "your work" or facilities awned or used to The coverage afforded to the Additional Covered pa does by you. (1) Unless the written "i � not aPPIY: "'insured cantrac�', agreement or permit was executed rear to #h "property damage,,. "personal injury or advertise injury;"p e "bodily jury," (2) To any parea€t s or o � } organization(s) included as a Covered Pa under ' by an endorsement made part of this coverage agreement. coverage agreement or 9 9 t. ADDITIONAL COVERED PARTY - OWNERS OF L SECTION II - VMO IS A COVERED PARTY EASED EQUIPMENT is amended to include any person(s) or organizations) (hereinafter wham you agree in a written equipment lease or ran ( fear called Ad al Covered Party) with with respect to liability arising out of the g rental agreement to r�aMne as a Covered Party,b� ab negligence of the Covered Party, and an while but only equipment is in the care, custody or control of the Covered P � such Covered Party. Party, or any employee or agent of the The coverage afforded to the Additional Covered Party does not apply to: (1 ) "Bodily injury" or "property damage" occurringafter v you cease to lease or vent the equipment; (2) "Bodily injury,. or 'property damage" arising out of any negligence of the Additional Covered Party; (3) Structures alterations, new construction or dernalitian Additional Covered Party; operations psr#orm by oar on If of the (4) Liability assumed by the Additional Covered Party under any contractor agreement; (5) 'Property damage" to: (a) Property owned, used, Occupied by, or rented to the Additional d�anat Covered Party; (b) Property in the care, cue#ody or control of the Additional Covered Party or its employees or exercising physical control. Party, employees or agents are for any purpose PGIT 902 (10 08) Page 7 � AQDMOt11AL COVERED PARTY- IMAr41VAC3 SECTION 11- o 18 A COVERED PAR MANAGERS OR LESSORS #?� PREMISES is amended to include an � whom am you agree in a written agreement or organization(s) (hereinafter called Addition arising, in whale or in partoutto name as a Covered Party, but onlywith r Covered Party} with of the premises leased to you by such persos aspect a liability The coverage afforded to the Additional Covered P (}'� °�anization(sy. (1 ) "Bodily in'u " or " M arty does not apply to; i PrOlaerty damage occurring after you cease to be (2 'Bodily in`u or ro a tenant in that "premises"; Y 1 ry" �p perty damage" arising out of any ne li n (3j Structural alterations, new construction g oe of the Additional Covered Party; Additional Covered Party °r demolition operations Performed by or an behalf of the (4) Liability assumed by the Additional Covered Party under any contract or agreement; (5) "Property damage,, to; {e} Property owned, used, Occupied b P y, or rented to the Additional Covered Par ty: ) Property in the cane, custody or control of the Additional agents,, or of which the Additional Covered Party, onal hovered Party or its employees or exercising physical control. is employees or agents are for any purpose Notwithstanding any other rovisi be construed p on Of this agreement, nothin in • as a waiver of the Covered �'aimmunity 9 ,this agreement shall Provision of this agreement increase �y s sovereign i rim u n ity nor steal which the Dover ease the liability of the covered i any Covered party may be ilable, beyond t party, or the sums for stattute$. y he limits provided In §768.28 , Rortde PGOT 902 (10 09) Page 2 CERTIFICATE OF COVERAGE Certificate Holder Administrator Issue Date 10/15/2013 FLORIDA KEYS MOSQUITO CONTROL DISTRICT Florida League of Cities, Inc. Deparbnent of Insurance and Financial Services 5224 COLLEGE ROAD P.O. Box 530065 KEY WEST, FL 33040 Orlando, Florida 32853-0065 COVERAGES THIS IS To CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED. NOTWTMSTANDING ANY REQUIREMENT, TERM RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED BY THE AGREEMENT crorAFn CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH HEREIN Is SUBIECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER: FMIT 0386 COVERAGE PERIOD: FROM 10/1/13 COVERAGE PERIOD: TO 10/1/14 12:01 AM STANDARD TIME TYPE OF COVERAGE - LIABILITY TYPE OF COVERAGE - PROPERTY General Liability ❑ Buildings ❑ Miscellaneous ❑ Basic Form ❑ Inland Marine 0 Comprehensive General Liability, Bodily Injury, Property Damage and Personal Injury ❑ Special Form ❑ Electronic Data Processing © Errors and Omissions Liability ❑ personal Property ❑ Bond ® Supplemental Employment Practice ❑ Basic Form ® Employee Benefits Program Administration Liability ❑ Special Form ' © Medical Attendants'/Medical Directors' Malpractice Liability ❑ Agreed Amount ® Broad Form Property Damage ❑ Deductible N/A h' ❑ Law Enforcement Liability ❑ Coinsurance N/A rD)A 4 All C WAIVERi UU ® underground, Explosion & Collapse Hazard ❑ Blanket Limits of Liability ❑ Specific • Combined Single Limit ❑ Replacement Cost Deductible N/A ❑ Actual Cash Value Automobile Liability Limits of Liability on File with Administrator TYPE OF COVERAGE - WORKERS' COMPENSATION ❑ All owned Autos (Private Passenger) ❑ All owned Autos (Other than Private Passenger) ❑ Statutory Workers' Compensation ❑ Hired Autos ❑ Employers liability $1,000,000 Each Accident ❑ Non -Owned Autos $1,000,000 By Disease $1,000,000 Aggregate By Disease Limits of Liability ❑ Deductible N/A ❑ SIR Deductible N/A Automobile/Equipment - Deductible ❑ Physical Damage NA - Comprehensive - Auto NA - Collision - Auto NA - Miscellaneous Equipment Other • The limit of liability is $200,000 Bodily Injury and/or Property Damage per person or $300,000 Bodily Injury and/or Property Damage *iarrence. General Liability (combined single limit) per occurrence, solely for any iI&IFresulting f roAT These specific Limits of liability are increased to $5,000,000 for claims bill pursuant to Section 768.28(5) Florida Statutes or liabilty/settlement for which no claims bill has been filed or IiabN90 iriposed entry of a C. Description of Operations/Locations/Vehicles/Special Items RE: Use of Marathon Facility RE: Events, activities, elections and functions authorized by the certificate holder involving the designated member while being held upon the premises of the certificate holder. The Certificate Holder is hereby added as an additional insured as respects the members liability for the above described item. THIS CERTIFICATE IS ISSUED AS A MAITER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE. Designated Member Cancellations SHOULD ANY PART THE ABOVE DESCRIBED AGREEMENT CANCELED BEFORE THE Monroe County Board of County Commissioners ty N EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 45 DAYS H WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO MAIL 1100 Simonton Street, Room 2 268 SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY IOND UPON THE Key West FL 33040 PROGRAM, ITS AGENTS OR REPRESENATIVE-S. 5E0 AUrH=ZED REPRESENATIVE (4 Y CERTIFICATE OF COVERAGE ISSUED ON: 10/22/2013 COVERAGE PROVIDED BY: PREFERRED GOVERNMENTAL INSURANCE TRUST PACKAGE AGREEMENT NUMBER: COVERAGE PERIOD: 10/1/2013 TO 10/1/201412:01 AM COVERAGES:This is to certify that the agreement below has been issued to the designated member for the coverage 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 coverage afforded by the agreement described herein subject to all the terms, exclusions and conditions of such agreement. Mail to: Certificate Holder Designated Member Monroe County BOCC Florida Keys Mosquito Control District Attn: Monique Lewinski 5224 College Road 1100 Simonton Street Key West, FL 33040 Key West, FL 33040 LIABILITY COVERAGE WORKERS' COMPENSATION COVERAGE Comprehensive General Liability, Bodily Injury, Property Damage WC AGREEMENT NUMBER: WC FLl 0444003 13-12 and Personal Injury Limit Self Insured Workers' Compensation Public Officials Liability Limit X Statutory Workers' Compensation Employment Practices Liability N/A X Employers Liability Limit $1,000,000 Each Accident Employee Benefits Liability $1,000,000 By Disease Limit $1,000,000 Aggregate Disease Law Enforcement Liability Limit PROPERTY COVERAGE AUTOMOBILE COVERAGE Buildings & Personal Property Automobile Liability Limit Limit Note: See coverage agreement for details on wind, flood, and other All Owned deductibles. Specifically Described Autos Rented, Borrowed and Leased Equipment Hired Autos Limit Non -Owned Autos All other Inland Marine Automobile Physical Damage Limit �--.� Comprehensive 1 ISK M G �� Collision Hired Auto with limit of r DA WA -- F1Y�`�e/i� r Garage Keepers Liability Limit Liability Deductible Comprehensive Deductible Collision Deductible NOTE:The most we will pay is further limited by the limitations set forth in Section 768.28(5), Florida Statutes (2010) or the equivalent limitations of successor law which are applicable at the time of the loss. Description of Operations/ Locations/ Vehides/Speclal items: i i This section completed by member's agent, who bears complete responsibility and liability for its accuracv. This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or after the coverage afforded by the agreement above. Administrator Public Risk Underwriters® CANCELLATIONS SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE EXPIRATION DATE TIIEREOF- PREFERRED GOVERNMENTAL INSURANCE TRUST WILL ENDEAVOR TO MAIL 60 DAYS WRITTEN P.O. Box 958455 NOTICE, OR W DAYS WRITTEN NOTICE FOR NON-PAYMENT OF PRF.MII RA, TO THE CERTIFICATE, HOLDER NAMED ABOVE, BUT FAILURE 10 MAIL SUCH NOTICE SHALL IMPOSE NOOBLIGATION OR LIABILITY OF ANY KIND UPON Lake Mary, FL 32795-8455 TFIE PROGRAM, ITS AGENTS OR REPRESENfAI IVES. Producer Brown &Brown of Florida, inc. % I ��(/�,/V✓� (((/// �� P. O. Box 491636 Leesburg, FL 347421636 AUTHORIZED REPRI<SENTATIVE PGIT-CERT (11/09) PRINT FORM 10/22/2013 CERTIFICATE OF COVERAGE ISSUED ON: 10/16/2014 COVERAGE PROVIDED BY: PREFERRED GOVERNMENTAL INSURANCE TRUST PACKAGE AGREEMENT NUMBER:PK FLl 0444003 14-11 COVERAGE PERIOD: 10/1/2014TO 10/1/201512:01 AM COVERAGESThis is to certify that the agreement below has been Issued to the designated member for the coverage period indicated. Notwithstanding any document with respect to which this certificate may be Issued or may pertain, the coverage afforded by the requirement, term or condition of any contract or other herein to all the terms, exclusions and condlflons of such agreement. agreement described subject Mail to: Certificate Holder Designated Member Florida Keys Mosquito Control District Monroe County BOCC I100 Simonton St. 3224 College Road Key West, FL 33040 Key West, FL 33040 LIABILITY COVERAGE WORKERS' COMPENSATION COVERAGE X Comprehensive General Liability, Bodily Injury, Property Damage and Personal Injury Limit $3,000,000 $2,500 Deductible Self insured Workers' Compensation X Public Officials Liability Limit $1,000,000 S5,000 Deductible Statutory Workers' Compensation X Employment Practices Liability Limit S1,000,000 $5,000 Deductible Employers Liability -W4W, X Employee Benefits Liability Each Accident PR ''W Limit $3,000,000 $2,500 Deductible By Disease DA ���lJ"�I Law Enforcement Liability Aggregate Disease WAN N Limit PROPERTY COVERAGE AUTOMOBILE COVERAGE Buildings & Personal Property Automobile Liability Limit Limit S3,000,000 $2,500 Deductible Note: See coverage agreement for details on wind, flood and ocher X All Owned deductibles. Specifically Described Autos Rented, Borrowed and Leased Equipment X Hired Autos Limit X Non -Owned Autos All other Inland Marine Automobile Physical Damage Limit X Comprehensive See Schedule for Deductible X Collision See Schedule for Deductible X Hired Auto with limit of S35,000 Garage Keepers Liability Limit Liability Deductible Comprehensive Deductible Collision Deductible NOTE:The most we will pay is further limited by the limitations set forth in Section 768.28(5), Florida Statutes (2010) or the equivalent limitations of successor law which are applicable at the time of the loss. Description of Operations/ Locations/ Vehicles/Special items: Additional Covered Party per PGIT form 902: Monroe County BOCC 1100 Simonton St, Room 268 Key West, FI. 33040 This section completedby member's a who bears fete responsiblllty and liabilityfor its accuracy, I agent. complete t This certificate is issued as a matter of Information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the agreement above. Administrator CANCELLATIONS Public Risk Underwritere® SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, PREFERRED GOVERNMENTAL INSURANCE TRUST WILL ENDEAVOR TO MAIL60 DAYS WRITTEN 1 P.O. Box 958455 NOTICR OR 10 DAYS WRITTEN NOTICE FOR NON-PAYMENT OF PREMIUM. TO THE CERTIFICATE HOLDER Lake Mary, FL 3279&8455 NAMED ABOVE, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NOOBLIGATiON OR LIABILITY OF ANY KMI UPON TIIE PROGRAM, ITS AGENTS OR REPRESENTATIVES. ... __—___�_. 1 %^1N Key West Insurance Agency tA flO J 30HNOW 646 United Street, Ste 1 1 J 'a'O •��.� Key West, FL 33040 _ I AUTHORIZED REPRESENTATIVE PG IT-CERT (11 /09) PRINT FORM Rd a Mimi 10/ 16/2014 80.E 031U CERTIFICATE OF COVERAGE ISSUED ON: 11/18/2014 COVERAGE PROVIDED BY: PREFERRED GOVERNMENTAL INSURANCE TRUST PACKAGE AGREEMENT NUMBER: COVERAGE PERIOD: 10/1/2014 TO 10/1/201512:01 AM COVERAGES:This is to certify that the agreement below has been issued to the designated member for the coverage 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 coverage afforded by the agreement described herein subject to all the terms, exclusions and conditions of such agreement. Mail to: Certificate Holder Designated Member Monroe County Board of County Commissioners Florida Keys Mosquito Control District 1100 Simonton St. 5224 College Road Key West, FL 33040 Key West FL 33040 LIABILITY COVERAGE WORKERS' COMPENSATION COVERAGE Comprehensive General Liability, Bodily Injury, Property Damage WC AGREEMENT NUMBER: WC FLl 0444003 14-13 and Personal Injury Limit Self Insured Workers' Compensation Public Officials Liability Limit X Statutory Workers' Compensation Employment Practices Liability N/A Limit X Employers Liability Employee Benefits Liability $1,000,(X)0 Each Accident $1,000,000 By Disease Limit $1,000,000 Aggregate Disease Law Enforcement Liability Limit PROPERTY COVERAGE AUTOMOBILE COVERAGE Buildings & Personal Property Automobile Liability Limit Limit Note: See coverage agreement for delnils on xviml, flood, and other All Owned deductibles. Described Autos Rented, Borrowed and Leased Equipment Hired Autoally Hired Autos Limit Non -Owned Autos All other Inland Marine Automobile Physical Damage Limit Comprehensive Collision Hired Auto with limit of I� fANAGEMENT" ' C �K DA : ���" t�/A Y C C ail Garage Keepers _ Liability Limit Liability Deductible Comprehensive Deductible Collision Deductible NOTE:The most we will pay is further limited by the limitations set forth in Section 768.28(5), Florida Statutes (2010) or the equivalent limitations of successor law which are applicable at the time of the loss. Description of Operational Locations! Vehicles/Special items: This section Completed by membWv agent, who bears Complete responsibility and lability for its accuracy. This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the agreement above. Administrator CANCELLATIONS Public RiskUnderwriters® _. SHOT ILD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE EXPIRATION DATE P.O. BOX.966456 THF,REOF PREFL•RRLOGOVERNMEN'IAL INSURANCE 7Rl1Sl RP WILL LNDEAVOR IO MAIL6UDAYS WrrEN NO'I ICL, OR ]('DAYS WRIT I EN NO11CI' FOR NON•PAYMFN I' OF I Ri MAIM. TO'I HF, CER TIFIC AI C HOLDER NAMED Lake Mary,;FL 32795-6466 ABOVE. BUT FAILURE. TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND 191)N THE PRoc,RAM, ITs AG�EN�T�S R"EjPP!t S� EN1T`A,T�V.1 8 u'3�e0 N"Oti. Producer Brown &Brown of Florida, Inc. - �YO'R r/"'► ' L/J P. O. Box 491636 Leestwrg,FL 347491636 AUTHORIZED REPRESC^&ADI PGIT-CER:r (11/09) PRINT FORLI 11/ I8/2014 unj tJCIL1J3V vv+ —