Item C07County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
IleOI1da Keys
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District I
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George Neugent, District 2
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Heather Carruthers, District 3
County Commission Meeting
May 16, 2018
Agenda Item Number: C.7
Agenda Item Summary #4124
BULK ITEM: Yes DEPARTMENT: Animal Control
TIME APPROXIMATE: STAFF CONTACT: Tina Losacco (305) 289 -6051
N/A
AGENDA ITEM WORDING: Approval of third amendment to the amended and restated
agreement with the Florida Keys Society for Prevention of Cruelty to Animals, Inc. (FKSPCA) for
the Key West Animal Shelter reflecting a CPI -U increase of 2.1% effective May 1, 2018. The
agreement amount will increase to $540,615.12/yr or $45,051.26/mo.
ITEM BACKGROUND: The Amended and Restated Agreement with FKSPCA provides for an
annual adjustment based on the Consumer Price Index. On January 30, 2018, the Contractor
requested an annual CPI -U adjustment. The percentage change in the Consumer Price Index (CPI)
for all urban consumers (CPI -U) for the most recent 12 months as of December 31, 2017, is 2.1 %.
Effective May 1, 2018, the agreement amount will increase from $529,495.80/yr or
$44,124.64/month to $540,615.12/yr or $45,051.26.
PREVIOUS RELEVANT BOCC ACTION:
May 18, 2005 BOCC approved the original contract with FKSPCA.
April 21, 2010 BOCC approved the Renewal Agreement (from June 1, 2010. to June 30, 2015).
August 17, 2011 BOCC approved the Fifth Amendment to include pre -audit of contractor
expenditures on a reimbursement basis.
August 15, 2012 BOCC approved the Sixth Amendment for CPI adjustment.
October 17, 2012 BOCC approved a corrected Sixth Amendment to provide an effective date of
July 1, 2012, for the subject CPI adjustment.
March 19, 2014 BOCC approved the Seventh Amendment for a CPI adjustment of 1.6%
retroactive to July 1, 2013.
May 1, 2014 BOCC approved to enter into a comprehensive agreement and amend and restate
a long -term agreement to provide animal control and enforcement services in Key
West and the Lower Keys in exchange for contractor building a new animal
shelter on College Road, Stock Island, to be used exclusively for animal care and
control services.
April 20, 2016 BOCC approved a CPI -U adjustment of .7 %.
May 17, 2017 BOCC approved a CPI -U adjustment of 2.1 %.
CONTRACT /AGREEMENT CHANGES:
CPI increase - 2.1 %
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Third Amendment to Amended & Restated Contract 5 -16 -18 (signed & legal stamped)
2017 -05 - 2nd amend - restated - CPI
2016 -04 -1st amend restated - CPI
2014 -05 - Amended Restated 20 years 04 -30 -2034
Contractor CPI Request - Key West FKSPCA 01 -2018
FINANCIAL IMPACT:
Effective Date: 05 -01 -2018
Expiration Date:
Total Dollar Value of Contract: $540,615.11/yr or $45,051.26 /month
Total Cost to County: same
Current Year Portion: $225,256.30
Budgeted: Yes
Source of Funds: Ad Valorem
CPI: Yes 2.1 %
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No
Grant:
County Match:
Insurance Required: Yes
Additional Details:
If yes, amount:
N/A
REVIEWED BY:
Kevin Wilson
Completed
05/01/2018 2:42 PM
Patricia Eables
Completed
05/01/2018 3:09 PM
Budget and Finance
Completed
05/01/2018 3:25 PM
Risk Management
Completed
05/01/2018 3:27 PM
Kathy Peters
Completed
05/01/2018 9:22 PM
Board of County Commissioners
Pending
05/16/2018 9:00 AM
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 I6' 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 I,
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, 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
Agreement; and
NOW, THEREFORE, 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
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
Contractor for its services under this Agreement shall be Five Hundred Forty Thousand
Six Hundred Fifteen and 111100 ($540,615.11) Dollars per annum or Forty -five
Thousand Fifty -one and 261100 ($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)
THIRD AMENDMENT TO AMENDED AND RESTATED AGREEMENT
(Operation of the Key West Animal Shelter)
IN WITNESS WHEREOF, the parties have caused these presents to be executed in the
respective names.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor /Chairman
Date:
Address: ur'
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PATRICIA EABLES
DAT ,.
Page 2 of 2
THIRD AMENDMENT TO AMENDED AND RESTATED AGREEMENT
(Operation of the Key West Animal Shelter)
CONTRACTOR:
THE FLORIDA KEYS SOCIETY FOR
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THE PREVENTION OF CRUELTY TO
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ANIMALS, INC.
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Director/Treasurer
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Date
Date: / .
Address: ur'
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PATRICIA EABLES
DAT ,.
Page 2 of 2
THIRD AMENDMENT TO AMENDED AND RESTATED AGREEMENT
(Operation of the Key West Animal Shelter)
KEVIN MADOK, CPA
MONROE COUNTY CLERK OF THE CIRCUPT COURT & COMPTROLLER
DATE: May 25, 2017
TO: Alicc Stcryou
Contract Monitor
FROM: Pamela G. Hanco��kc-
SUMECT: May 17di BOCC Meeting
Attached is a duplicate original, ol' each ol' 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
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 Teel Ircc to contact me at ext. 3130. Thank you.
cc: County Attonicy j]*a e -mail
Finance rla e- -ruail
File
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 CD CD
build a new Key West animal shelter pursuant to the provisions of F.S. Sec. 287.05712; and N
WHEREAS, the terms of the agreement provide that the contract amount may be
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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
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WHEREAS, the FKSPCA has timely requested a CPI adjustment as allowed under the co
Agreement; and
IN CONSIDERATION of the mutual promises contained herein, the parties hereby
agree as follows:
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In accordance with Paragraph 4, RENEWAL, the contract amount is hereby adjusted by
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
Contactor for its services under this agreement shall be Five Hundred Twenty -nine
Thoemand Four Hundred Ninety -five and 80/100 ($529,495.80) Dollars per annum or
Fqg5afour Thousand One Hundred Twenty -four and 65/100 ($44,124.65) Dollars per
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r respects, the remaining terms of the Agreement entered into on May 1, 2014,
istent herewith, shall remain in full force and effect.
SS WHEREOF, the parties have caused these presents to be executed in the
CLERK BOARD OF COUNTY COMMISSIONERS
- OF MONROE COUNTY, FLORID
By —��`
Deputy Clerk Mayor /Chairman
Date: 5 z o 7
MONROE COUNTY ATTORNEY'S OFFICE
Page 1 of 2 A PROVER AS
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PATRICIA EAB
ASSISTANT COUNTY Packet 335 I.
DATE: 5- Z l
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Wit ss Signature
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W'tness Sign e
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Print Name Date
THE FLORIDA KEYS SOCIETY FOR
THE PREVENTIOMOUELTY TO
ANIMAL
By:
Date:
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President
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Page 2 of 2
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 20th day of Aoril 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
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
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
WHEREAS, for clarification of insurance provisions relating to builder's risk coverage,
the Section titled "Builders Risk Insurance" under paragraph 9 shall be amended; and
IN CONSIDERATION of the mutual promises contained herein, the parties hereby
agree as follows:
In accordance with Paragraph 4, RENEWAL the contract amount is hereby adjusted by
.7% CPI for all urban consumers (CPI -U) for the most recent 12 months ending on
December 31, 2015. Effective May 1, 2016, the total compensation paid to the
Contractor for its services under this agreement shall be $518,605.08 per annum or
$43,217.09 per month.
2. Paragraph 4, RENEWAL, shall be amended by adding the following: In order to avoid
request for retroactive CPI adjustments, language is being revised to the agreement to
require CONTRACTOR to request CPI adjustments no later than January 31 of each year
for the upcoming contract period of May lst. Failure to timely request annual CPI
adjustments will result in waiver of the CPI adjustment for that year.
3. The Section titled " Insurance Re uirenrents for Contractors and Subcontractor
Engag!Ld by the _FKSPCA Under Paragraph 9 shall be amended by adding the
following language: The FKSPCA, its Contractors and Subcontractors will be held
Packet'Pg. 337
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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.
VILIN, CLERK
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Pr i Name Date
Witness Sig ture
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Print Name Date
BOARD OF COU TY COMMISSIONERS
OF MONROE " , F GRID.
By: _
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Date: `/ "
THE FLORIDA KEYS SOCI , , FOR
THE PREVENTI OF �ELTY TO
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By: -
President
Date:
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AMENDED AND RESTATED CONTRACT
BETWEEN FLORIDA KEYS SOCIETY OF
PREVENTION OF CRUELTY TO ANIMALS, INC.
AND MONROE COUNTY
This Amended and Restated Contract is entered into this 1st day of May, 2014, between Florida Keys
Society of Prevention of Cruelty to Animals, Inc., a Florida (501)(c)(3) non - profit corporation,
( "CONTRACTOR" or "FKSPCA ") and Monroe County ( "COUNTY ").
WHEREAS, the parties entered into an agreement on May, 18, 2005, as amended April 19, 2006,
September 20, 2006, May _17, and February 16, 2011, May 18, 2011, August 17, 2011 and as
renewed on April 21, 2010; and
WHEREAS, the FKSPCA has provided animal control enforcement and services in Key West and
the Lower Keys since 1999; and
WHEREAS, the animal control facility on Stock Island has been in poor condition and in order to
build a new and improved animal shelter, the FKSPCA as a 501(c)(3) non - profit corporation has raised
funds for this purpose and has submitted an unsolicited proposal to the County pursuant to F.S.
287.05712; and
WHEREAS, the City of Key West has amended its 99 -year Lease Agreement with the County to
provide a new location for an animal control facility to be built; and
WHEREAS, the County and FKSPCA further intend to enter into this comprehensive agreement
pursuant to F.S. 287.05712 for long -term animal control services and enforcement in exchange for an
animal control shelter to be built by the FKSPCA; and
WHEREAS, the BOCC finds that the development of a new animal control shelter serves a
paramount public purpose and would otherwise be a permissible use of County funds; and
WHEREAS, pursuant to F.S. 287.05712, the County has further determined that the proposed
project and partnership is in the public's best interest and provides an overall public benefit and that the
financial plan submitted by FKSPCA is reasonable and consistent with F.S. 287.05712(11); and
WHEREAS, in consideration of the savings to the County taxpayers in that FKSPCA will be
building a new animal control facility to serve the public, the BOCC finds that it is appropriate to enter
into this agreement in consideration of that promise;
NOW THEREFORE, in consideration of the mutual promises and considerations, the parties
agree to enter into a comprehensive agreement and amend and restate the contract as follows:
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1. TERM OF AGREEMENT
This agreement shall be for a period of 20 years beginning May 1, 2014 and ending at 12:00 midnight on
April 30, 2034. The term of this agreement shall be renewable in accordance with Section IV.
2. AMOUNT OF AGREEMENT /AVAILABILITY OF FUNDS
The County, in consideration of the Contractor substantially and satisfactorily performing and
carrying out the duties of the County as to providing animal control services and enforcement of
laws related to animals in Monroe County, Florida, shall pay to the Contractor a not to exceed
amount of Five Hundred and Fifteen thousand DOLLARS and zero CENTS ($515,000) per year on
a reimbursement basis equal to 1/12 of this amount or $42,916.67. If a reimbursement request
is less than the per month reimbursement amount of $42,916.67, the unused balance will be
rolled over and available for future reimbursement request.
The contract amount, upon mutual agreement by the parties, can be adjusted based upon an
analysis of increased shelter operations, increased operational cost or other justified reasons
relating to animal control services and enforcement as set forth in this agreement.
If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued
reimbursement of expenditures for services specified herein, this agreement may be terminated
immediately at the option of the Board by written notice of termination delivered to the
Contractor. The Board shall not be obligated to pay for any services or goods provided by the
Contractor after the Contractor has received written notice of termination, unless otherwise
required by law.
A. PAYMENT
Payment will be made periodically, on a reimbursement basis, as hereinafter set forth. Reimbursement
requests will be submitted to the Public Works Department. The County shall only reimburse, subject to
the funded amounts below, those reimbursable expenses which are reviewed and approved as
complying with this Agreement, Monroe County Code of Ordinances, State laws and regulations and
Attachment A - Expense Reimbursement Requirements. Evidence of payment by the Contractor shall be
in the form of a letter, summarizing the expenses, with supporting documentation (e.g. copies of
invoices) attached. The letter should contain a notarized certification statement. An example of a
reimbursement request cover letter is included as Attachment B. The Contractor's final invoice must be
received within sixty (60) days after the termination date of this contract as shown in Article I above.
After the Clerk of the Board examines and approves the request for reimbursement, the Board shall
reimburse the Contractor. However, the total of said reimbursement expense payments in the
aggregate sum shall not exceed the annual total amount shown in Article II of this agreement.
The Contractor, as a 501(c)(3) non - profit corporation, agrees to provide the documentation listed in (a)-
(f) on an annual basis and upon request by the County. Payments are subject to this information being
provided on an annual basis or upon request by the County.
(a) IRS Letter of Determination indicating 501(c)(3) status;
(b) List of the Organization's Board of Directors of; for each board member please indicate when
elected to serve and the length of term of service;
(c) Evidence of annual election of Officers and Directors;
(d) IRS Form 990 from most recent fiscal year for all organizations;
(e) Organization's Corporate Bylaws, which must include the organization's mission, board and
membership composition, and process for election of officers; and
(f) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug
and alcohol free workplace provisions, and equal employment opportunity provisions.
The Contractor shall cooperate with County monitoring visits that the County may request during the
contract year, and shall provide such other reasonable reports and information related to compliance
with applicable laws, contract provisions and the scope of services that the County may request during
the contract year.
3. SCOPE OF SERVICES:
A. The Contractor shall provide all staffing, equipment, and supplies necessary to operate
the Key West Animal Shelter located at 5230 College Road, Key West, Florida 33040 and
upon completion at the new "Facility" and provide complete animal control
enforcement services from Mile Marker 0 to 16.7 (the Harris Channel Bridge), including
the City of Key West.
i. STAFF The Contractor will fully staff, operate and perform all current functions
of the Shelter, as further identified in the training manual to be prepared by
Contractor; said training manual will be reviewed and approved by the Director
of Public Works or designee prior to implementation. The contractor shall
provide a list of employees by name and title, including but not limited to,
shelter manger(s) and animal control officer(s). Since this contract is a service
agreement, staffing is of paramount importance. Contractor shall provide
services using the following standards, as a minimum requirement:
1. The Contractor shall provide all necessary personnel to provide the
services under this contract. The personnel shall not be employees of
or have any contractual relationship with the County.
2. All personnel engaged in performing services under this contract shall
be fully qualified, and, if required, to be authorized or permitted under
State and local law to perform such services.
ii. COMPLIANCE WITH LAW The Contractor shall cooperate with the Monroe
County Health Department and follow all local and state laws, regulations and
procedures, including but not limited to F.A.C. 1OD- 3.091, Procedures for
Control of Specific Communicable Diseases and Chapter 64B16 -29, Animal
Control Shelter Permits.
iii. CARE OF ANIMALS The Contractor will receive and properly confine all animals
that are brought to the Shelters or which become the responsibility of the
Shelters. All animals in the custody of the Contractor shall have a constant
supply of fresh water and be fed a diet appropriate for their species, breed, age
and physical condition. Each shelter facility has a perimeter fence to confine all
animals to the facility grounds and to restrict wildlife from accessing the
property; in this regard, Contractor is not to place food or water outside of the
Shelter's fenced area(s) unless it is in an appropriate cat or raccoon trap.
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1. The Contractor shall provide appropriate care for sick and injured
animals in its custody and shall obtain the services of a veterinarian who
is licensed by and in good standing with the Board of Veterinary Medical
Examiners for the State of Florida for consultations and /or professional
services.
2. The Contractor shall provide the personnel and materials necessary to
humanely euthanize all animals designated for euthanasia by the
supervisors or designees of the Shelters. The primary drug to be utilized
for euthanasia shall be sodium pentobarbital, and the Contractor shall
administer euthanasia to those animals designated for destruction in a
humane manner and consistent with state and county laws and
regulations. The Contractor's personnel who perform euthanasia will
have appropriate certificates attesting to the employee's authority to
perform euthanasia, and copies of the certificates will be forwarded to
the Director of Public Works or designee.
3. The Contractor shall provide heartworm testing to all adoptable dogs,
provide deworming to all adoptable animals, and shall have a program
in place for flea and tick control. The Contractor shall provide FIV and
Feline leukemia testing for all cats retained in the facility for adoption.
iv. ADOPTIONS
1. The Contractor shall ensure that rabies inoculations will be given to all
adopted and redeemed animals as required by law.
2. The Contractor will provide an adoption service through the Shelters for
the purpose of securing suitable homes for adoptable animals. The
Contractor shall follow appropriate criteria to insure that each
companion animal is given a suitable home through basic screening
procedures that evaluate both the animal to be released and the
potential adopter in an effort to assure that the animals adopted are
being placed in long -term homes. The screening procedures shall be
reviewed periodically by the Director of Public Works or designee as to
form and practicality. All adoptable animals will be available for
inspection by the public during normal working hours. The Contractor
shall utilize the Adoption Agreement attached hereto as Exhibit "Gl"
unless modified by written and signed directive from the Director of
Public Works or designee.
3. The Contractor shall enforce the provisions of the contract, including,
but not limited to, taking any action necessary to ensure that an
adopted animal is spayed or neutered and licensed prior to releasing
the animal or transferring ownership to its adopter.
v. ISSUANCE OF COUNTY LICENSES The Contractor will issue license
certificates and corresponding tags for dogs, cats and ferrets as required by the
Monroe County Code and collect and remit to the County the fees established
by the County Resolutions attached hereto as Exhibit "B." The Contractor will
be responsible for determining that all requirements have been satisfied by an
applicant prior to issuing a license certificate and shall remit all fees to the
County. The license certificates and corresponding tags are numbered and
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tracked, and Contractor is responsible for returning copies of each numbered
certificate that is either issued or voided (including tag for all voids) to the
Director of Public Works or designee on a bi- weekly basis.
vi. POLICIES AND PROCEDURES MANUAL The Contractor shall maintain a Policies
and Procedures Manual for guidance of all staff. At a minimum, it shall set forth
the following:
1. Goals and Objectives of the Organization.
2. Protocols for intake, care, adoption, return to owners, and other disposal of
animals.
3. Protocols for responding to calls for animal control services, whether in the
nature of law enforcement, pick -up of dead animals, or other.
4. Protocols for daily maintenance of premises and equipment, including vehicles.
5. Training Staff
a) prerequisites for certain positions
b) keeping staff current
6. Training provided* shall include:
a) Shelter Policies & Procedures (required of all staff, including volunteers)
b) Basic Pet Care
c) Veterinary Health Care
d) Animal Behavior
e) Animal Handling
f) Breed Identification & characteristics
g) Obedience Training
h) Behavior Problem Solving
i) Counseling Methods
j) Conflict Management (required of all law enforcement personnel)
k) Grief Counseling
1) Telephone Manners and Customer Service Skills
*Items a & j must be at least in part provided in a classroom or seminar
type setting, with live or video teaching. All other training may be self -
study, although some in- person or video training is highly
recommended. Training shall be provided appropriate to the position
filled by the worker, whether that worker is an employee or a volunteer
7. Adoption Guidelines, which shall absolutely require sterilization of all animals
prior to release to adopter Other guidelines shall address, at a minimum:
a. Consultation with the prospective adopter.
b. Prospective adopter's commitment to be responsible for providing care,
safe environment, veterinary bills for life of the animal.
c. Animal's disposition and that of members (human and animal) of the
household to enhance as well as possible the probability of successful
placement.
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vii. HOURS OF OPERATIONS At a minimum: the Shelter shall be open to the public
at least 6 days a week and for a minimum of 42 hours each week with an exception for Holidays.
The Contractor shall provide the shelter schedule to the Public Works Department.
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Hours of operation as set forth above may be adjusted only upon mutual written consent of the
County and the Contractor in the form of a contract amendment approved by both parties.
B. SHELTER FACILITY/ PREMISES
Due to the poor condition of the current animal control facility, The Contractor shall construct a
new animal shelter ( "the Facility" or "Project ") on the "Relocated Premises ", which is more
particularly described on Schedule B of the Amended and Restated Lease Agreement, which is
attached hereto an incorporated by reference. The Contractor's unsolicited proposal is attached
hereto as "Unsolicited Proposal for a New Animal Shelter" and incorporated by reference.
The County understands that the Contractor is building the new Facility with tax - deductible
donations to the Contractor, which is a 501(c)(3) non - profit organization. To maintain the tax -
deductible status of donations, the Facility is required to be an asset of the Contractor with the
understanding that the Facility and any improvements thereto will become the property of
Monroe County upon expiration or termination of this Agreement, subject to the amortization
as set forth below. The Contractor shall execute any and all documents required to convey clear
title of the Facility to the County upon expiration or termination of this Agreement, subject to
the amortization as set forth below. The Contractor will use the Facility to provide the services
as outlined above.
The County must review and consent to the design, development and construction of the
Facility before the Contractor proceeds with work. The Contractor must comply with the
County's competitive bidding procedures as set forth in Section 2 -347, Monroe County Code and
the Monroe County Purchasing Policy and Procedures. Also pursuant to F.S. 287.05712(9), the
Contractor shall provide delivery of performance and payment bonds, letters of credit, or other
security acceptable to the County in connection with the development or operation of the
Facility in the form and amount satisfactory to the County. For components of the Facility which
involve construction, the form and amount of the bonds must comply with s. 255.05, Florida
Statutes. Unless the County finds that the security provided is insufficient, the County will
accept security in the form of bank statements; signed letter from the bank stating that funds
are in the bank for the specified project; and /or documentation provided by a financial
institution of a line of credit assigned to the construction of the Facility.
The Contractor shall file on a quarterly basis, the appropriate financial statements that pertain
to the Facility and other security as set forth above or that may be required by the County.
If this agreement is terminated by the County, the Contractor shall be entitled to
reimbursement only for the actual cost of work completed in construction of the Facility,
including architecture fees and permits fees. The total reimbursement will not exceed the total
cost of the construction minus depreciation, using a straight -line method of depreciation and
will be amortized over a period of 30 years. After 30 years, the Contractor will not be entitled to
any reimbursement for construction and the Facility and any improvements to the Relocated
Premises becomes the property of Monroe County.
The County grants and authorizes the Contractor to use and develop the Relocated Premises
described as Schedule B in the Amended and Restated 99 -year Lease Agreement with the City of
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Key West as attached hereto and incorporated by reference. The Contractor agrees to be bound
by all of the terms and conditions as set forth in the Amended and Restated Lease Agreement
and Joint Participation Agreement (JPA) attached hereto and incorporated by reference. The
Relocated Premises is to be used exclusively for animal control services, an animal shelter and
its related and associated uses. The Contractor shall develop and use the Relocated Premises as
an animal control facility for animal control enforcement and services in Key West and the
Lower Keys. The development and construction of the Facility shall comply with the provisions in
the Amended and Restated Lease Agreement.
Upon completion of the Facility and issuance of a Certificate of Occupancy (CO), the County in
consideration of additional cost directly related to operation of the new Facility, i.e. increased
staffing, utilities, insurance, repairs and maintenance, will increase compensation, in an amount
to be determined, on a reimbursement basis in compliance with the provision for payment as
set forth in paragraph 2 above. Additionally, repairs that are estimated to cost over $1,000.00
and are approved by the Director of Public Works, or designee may be paid directly by the
County, and shall be in addition to the total compensation amount set forth in paragraph 2.
The County grants and authorizes Contractor to use City property as set forth in the Revocable
and License Agreement for Use of City Property, as attached hereto and incorporated by
reference. The Contractor agrees to all of the terms and conditions as set forth in the License
Agreement. As per the License Agreement the Licensor /City of Key West and the County do not
assume any liability whatsoever for any damage which may occur on the Licensed parcel.
C. ENFORCEMENT SERVICES The Contractor will provide complete animal control and
enforcement services within the Service Area described above, including, but not limited
to:
1. Training of Animal Control Officers: The Contractor shall provide that all animal control
officers complete the mandatory certification program outlined by F.S. 828.27 (40 hours of
training curriculum approved by the Florida Animal Control Association); said training shall be
completed on a timely basis after a 90 -day probationary period. The Contractor is to provide
the Director of Public Works, or designee, with copies of the Animal Control Officer Training
Program Certificates.
2. Emergency services (24 -hours per day /7 -days a week) for Priority One calls which are:
a. Injured animal;
b. Bite cases; person bit by any warm - blooded creature;
C. Animal bites to other animals;
d. Wild animal in home;
e. Dangerous dog investigations;
f. Animal cruelty investigations;
g. Law enforcement requests.
3. Patrolling service area on a regular and consistent basis;
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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 houms;
7' Picking up dead animals along County or City and arrange for proper
disposal in accordance with all applicable laws, regulations and ordinances;
Q. Disposing of any animals that are euthonizedor that expire while in the care, custody, or
control of the Contractor, in accordance with all applicable laws, regulations and
ordinances.
9' Investigating all reports of violation of local and state ordinances and regulations
relating to animal control and, when warranted by the facts, issue citations (Resolution
No. 29O-2D1Q and animal control citation form attached hereto inExhibit "63"), and/or
prosecute all persons charged with violation of said ordinances and regulations, which
includes representing Monroe County in court proceedings when required. Further,
upon termination of this agreement, the Contractor shall complete all cases originated
bv Contractor including representing the County {n court /fnecessary,
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 aulicense 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. 24O-2RO6 as amended b* Resolution Nos. 386'ZOO6and
599-2006, as same may be amended from time totime; said Resolutions are attached
hereto and marked Exhibit °B.° Checks received for these fees shall be made payable to
Monroe County and remitted directly to the County. In this regard, the Contractor shall
issue numbered receipts and keep appropriate records of all funds received and shall
provide tothe Director of Public Works or designee onabi-vveehb basis copies Vfdaily
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 |n writing onthe County-approved affidavit form 10 the Director ofPublic
Works or designee, said affidavit form is attached hereto and marked Exhibit "G2." The
Contractor shall only charge fees ayoutlined 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 ofa contract amendment.
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In addition to the transactional fees as set forth in the resolutions and as required to be
remitted to the county pursuant to Sec. 4 -39, Monroe County Code, the animal control
contractors may charge animal owner(s) or potential adopter(s) for services, including
sterilization pursuant to Sec. 823.15, Florida Statutes, vaccinations not covered by the
County, and any other services provided to the public which are not required by the
County contract. The Contractor shall charge no more to the public than the average
cost of any of the services provided which are not required under this contract.
E. REPORTS On a bi- weekly basis, Contractor shall provide the Director of Public Works or
designee with copies of all bite reports and citations that are issued. On a monthly basis,
Contractor shall submit a statistical report utilizing the form marked as Exhibit "G4" as
same may be amended from time to time.
HURRICANE OR OTHER NATURAL DISASTER: In the event of a hurricane or other
natural disaster, the Contractor shall make its best efforts to properly house and care
for all animals. In this regard, the Contractor shall designate sufficient staff who will be
able to remain in the County hurricane or similar natural disaster to care during the
disaster for the animals which have not been evacuated and after the disaster for
animals not evacuated and any animals which are at large. The Contractor will supply
those employees' names, addresses and telephone numbers to the County
Administrator who may, at his discretion, require the Contractor to have the listed
employees remain in the County during and after a Category 1, 2 or 3 Hurricane or
similar natural disaster.
G. _ PETS IN SHELTERS: Contractor shall provide the services designated for the Animal
Control /Shelter Contractor in the Pet Friendly Special Needs Clients Sheltering Plan to
provide evacuation of pets of Special Needs Clients and assistance with care of said pets.
4. RENEWAL:
The County shall have the option to renew this agreement for an additional ten (10) year period after
the initial 20 year period. The contract amount agreed to herein may be adjusted annually in accordance
with the percentage change in the consumer Price Index (CPI) for all urban consumers (CPI -U) for the
most recent 12 months.
S. CONTRACTOR'S LICENSE:
The Contractor shall secure, maintain and pay all applicable fees for any permits and licenses
necessary to operate the Shelters. By signature hereon, the Contractor warrants that it is
authorized by law to engage in the performance of the activities herein described, subject to the
terms and conditions set forth in these contract documents. Proof of such licenses and
approvals shall be submitted to the County upon request. The Contractor has, and shall
maintain throughout the term of this contract, appropriate licenses and approvals required to
conduct its business, and that it will at all times conduct its business activities in a reputable
manner.
6. INDEPENDENT CONTRACTOR:
At all times and for all purposes, the Contractor, its agents and employees are strictly considered to
be independent contractors in their performance of the work contemplated hereunder. As such,
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the Contractor, its agents and employees shall not be entitled to any of the benefits, rights or
privileges of County employees. The provider shall at all times exercise independent, professional
judgment and shall assume professional responsibility for the services to be provided.
7. UTILITIES:
The Contractor shall be responsible for payment of all utility charges for the Shelters. All utility
accounts will be held in the Contractor's name.
8. VEHICLES
Contractor shall provide a list of all vehicle(s) currently used and any vehicle(s) that the Contractor
acquires or uses in performing /providing services under this agreement, the Contractor shall include and
list those vehicle(s) under this agreement with the VIN (vehicle identification number) and the
Contractor must adhere to all insurance coverage requirements under this contract.
If County funds are used to acquire any capital assets, then upon termination or expiration of the
contract those assets will become the property of Monroe County, unless otherwise agreed to by the
County.
9. HOLD HARMLESS /INSURANCE REQUIREMENTS:
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County
Commissioners and the County Court of Monroe County from any and all claims for bodily injury
(including death), personal injury, and property damage (including property owned by Monroe County)
and any other losses, damages, and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in
any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its
Subcontractors in any tier, their employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained within this agreement.
General Insurance Requirements
As a pre- requisite of the activities governed by this contract (including the pre- staging of personnel and
material), the FKSPCA shall obtain, at their own expense, the types and amounts of insurance specified
below, which are made part of this contract.
The FKSPCA will not be permitted to commence any activities governed by this contract (including pre -
staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the County as specified below.
The FKSPCA shall maintain the required insurance throughout the entire term of this contract. Failure to
comply with this provision may result in the immediate suspension of all activities until the required
insurance has been reinstated or replaced.
The FKSPCA will be held responsible for all deductibles and self insured retentions that may be
contained in the FKSPCA's Insurance policies.
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The FKSPCA shall provide, to the County, as satisfactory evidence of the required insurance, either:
• Certificate of Insurance
or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance policies
required by this contract.
All insurance policies must specify that they are not subject to cancellation, non - renewal, material
change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the
County by the insurer.
The acceptance and /or approval of the FKSPCA's insurance shall not be construed as relieving the
FKSPCA from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be included as
"Additional Insured" on all policies, except for Workers' Compensation and Professional Liability
coverages.
Any deviations from these General Insurance Requirements must be requested in writing on the County
prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe
County Risk Management.
Specific Insurance Reauirements
Employee Dishonesty Insurance
The FKSPCA shall purchase and maintain, throughout the term of the contract, Employee Dishonesty
Insurance which will pay for losses to County property or money caused by the fraudulent or dishonest
acts of the FKSPCA's employees or its agents, whether acting alone or in collusion of others.
The minimum limits shall be:
$100,000 per Occurrence
Commercial General Liability Insurance
Prior to the commencement of activities governed by this contract, the FKSPCA shall obtain Commercial
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
The minimum limits acceptable shall be:
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$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions
should include coverage for claims filed on or after the effective date of this contract. In addition, the
period for which claims may be reported should extend for a minimum of twelve (12) months following
the acceptance of work by the County.
Business Automobile Liability Insurance
Recognizing that the work governed by this contract requires the use of vehicles, the FKSPCA, prior to
the commencement of activities governed by this contract, shall obtain Business Automobile Liability
Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
• Owned, Non - Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
Workers' Compensation and Employers Liability Insurance
Prior to the commencement of activities governed by this contract, the FKSPCA shall obtain Workers'
Compensation Insurance with limits as set forth in Florida Statute 440.
In addition, the FKSPCA shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of this contract.
All Risk Property Insurance
"All risk" property insurance, including theft coverage, written at replacement cost value and a
replacement cost endorsement insuring CONTRACTOR'S improvements and betterments, fixtures,
furnishings, equipment and any other property belonging to CONTRACTOR
Veterinarian Professional Liability Insurance
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Recognizing that the activities governed by this contract may involve the furnishing of professional
services by a licensed Veterinarian, the FKSPCA shall purchase and maintain, throughout the life of the
contract, Veterinarian Professional Liability Insurance which will respond to damages resulting from any
claim arising out of the performance of professional services or any error or omission of a Veterinarian
arising out of activities governed by this contract.
The minimum limits of liability shall be:
$1,000,000 per Occurrence /$2,000,000 Aggregate
Insurance Requirements for Contractors and Subcontractors Engaged bV the FKSPCA
All provisions specified in the General Insurance Requirements (including the County being named as an
Additional Insured) specified above shall apply to all Contractors and Subcontractors engaged by the
FKSPCA.
Prior to the commencement of any activities of Contractors and Subcontractors engaged by the FKSPCA,
the FKSPCA shall ensure that the Contractors and Subcontractors are maintaining the following types
and amounts of insurance.
Commercial General Liability Insurance
Coverage shall be maintained throughout the life of the agreement between the FKSPCA and the
Contractor or Subcontractor and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions
should include coverage for claims filed on or after the effective date of the contract. In addition, the
period for which claims may be reported should extend for a minimum of twelve (12) months following
the final acceptance of the work performed by the Contractor or Subcontractor for the FKSPCA.
The County must be named as an Additional Insured on all Contractors and Subcontractors Commercial
General Liability policies.
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Business Automobile Liability Insurance
The FKSPCA, prior to the commencement of activities governed by the contract between the FKSPCA
and any Contractor or Subcontractor shall ensure that all Contractors and Subcontractors will maintain
Business Automobile Liability Insurance. Coverage shall be maintained throughout the life of the
contract and include, as a minimum, liability coverage for:
• Owned, Non - Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
Workers' Compensation and Employers Liability Insurance
Prior to the commencement of activities governed by a contract between the FKSPCA and any
Contractor or Subcontractor, the FKSPCA shall ensure that all Contractors and Subcontractors are
maintaining Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the FKSPCA shall ensure that all Contractors and Subcontractors are maintaining Employers'
Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Builders Risk Insurance
Prior to any construction activities engaged by the FKSPCA, the FKSPCA shall obtain Builder's Risk
Insurance on an All Risk of Loss form. Coverage shall include coverages for:
Theft
Aircraft
Windstorm
Vehicles
Hail
Smoke
Explosion
Fire
Riot
Collapse
Civil Commotion
Flood
The policy limits shall be no less than the amount of the finished project and coverage shall be provided
on a completed value basis.
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Property located on the construction premises, which is intended to become a permanent part of the
finished structure, shall be included as property covered.
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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:
(a) At any Monroe County Animal Shelter;
(b) For the benefit of animals in Monroe County; or
(c) Off of Monroe County premises for which the donors have a reasonable expectation that the
funds may be used out of County
Said donations and grants shall be used by Contractor only for the benefit of shelter animals in Monroe
County or other services not mandated by the contract and may only be applied to the organization's
operational mission within Monroe County. In the case of donations solicited by third parties on behalf
of the Contractor, the donating entity must make its financial records pertaining to the donated funds
available to representatives of the Contractor and the County during regular business hours (Monday
through Friday, 9:00 a.m. to 5:00 p.m., excluding holidays) in order to insure that all monies collected on
behalf of the Contractor are in fact donated to the Contractor for the benefit of Monroe County shelter
animals in Monroe County. If a prospective donating entity is unwilling or unable to comply with the
foregoing requirement, then the Contractor may not accept any donations from that entity.
11. FACILITIES AND EQUIPMENT:
The Contractor hereby accepts the Shelter facilities and equipment in "as is" condition, and the
Contractor shall allow the County to inspect said facilities and equipment at any reasonable time. In
addition, all operating supplies and any additional equipment such as catch -all sticks, cages and the like
shall be the responsibility of the Contractor.
A capital asset is tangible property or fixtures estimated to cost or be valued at $1,000 or more. Prior to
purchasing a capital asset with County funds, the Contractor shall notify and seek approval in writing
from the Public Works Department.
If County funds are used to acquire any capital assets, then upon termination or expiration of the
contract those assets will become the property of Monroe County, unless otherwise agreed to by the
County. The Contractor shall maintain a list of all capital assets even those purchased without County
funds, noting whether acquired with County funds or other funding sources and the Contractor shall
provide said list to the Public Works Department, as amended, when additional capital assets are
acquired. Property acquired with County funds will be inventoried pursuant of Chapter 274, Florida
Statutes.
All fixtures, equipment, signs and tangible personal property provided by the Contractor and used on
the premises by Contractor shall at all times be and remain the property of the Contractor. Contractor
shall have the right to remove any such fixtures, equipment, signs or tangible personal property or any
15
part thereof, from the premises during the term of this contract, at the expiration thereof or within a
reasonable time thereafter; provided, however that Contractor, in doing so does not cause irreparable
damage to the Premises, and further provided that Contractor shall pay or reimburse County for the
reasonable expenses of repairing damage caused by such removal.
12. INVENTORY:
Prior to commencement of the service contemplated herein, the County shall perform an inventory of
all supplies, materials, medicines and equipment at each Shelter and the inventory lists prepared
therefrom shall be signed by both parties hereto.
13. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS
The Contractor hereby agrees that he has carefully examined the premises provided by the County
and the district for which he shall provide services and has made investigations to fully satisfy
himself that such site(s) is (are) correct and suitable for this work and he assumes full responsibility
therefor. The provisions of the Contract shall control any inconsistent provisions contained in the
specifications. All specifications have been read and carefully considered by the Contractor, who
understands the same and agrees to their sufficiency for the work to be done. Under no
circumstances, conditions, or situations shall this Contract be more strongly construed against the
Owner than against the Contractor.
14. MAINTENANCE, IMPROVEMENTS AND CAPITAL ASSETS
The Contractor shall be responsible for the shelter premises. The Contractor shall:
a) Maintain the Shelters and Premises, including kennel areas, cages, and euthanasia room(s) and all
equipment in a clean, safe and sanitary manner.
b) Maintain and be responsible for the costs of repairs to the Shelter buildings, grounds, and equipment
in order to keep same in proper working condition. Prior to commencement of any repairs, the Director
of Public Works or designee must be notified, in writing, of the proposed repairs and estimated cost. The
Contractor will accept the facilities and equipment in "as is" condition. All operating supplies and any
additional equipment such as catch -all sticks, cages and the like shall be the responsibility of the
Contractor.
c) Contractor shall have the right during the term of the contract to construct, re- construct, re- model,
paint, decorate and re- decorate the Shelter; provided however, that all such improvements to the
Shelter by Contractor shall conform to all applicable building codes, regulations, permits and prior
written approval from the Director of Public Works or designee is obtained; written approval by the
Director of Public Works or designee shall not be unreasonably withheld. All improvements remaining
at the Shelter at the expiration or upon the termination of the contract shall become the property of the
County. If at the expiration or termination of the contract the Contractor wishes to leave the
improvements or personal property at the Shelter, Contractor shall obtain written approval from the
County. The County has the sole right to reject the leaving of such personal property and improvements
and require the Contractor to remove them from the Shelter. If Contractor fails to remove personal
property or improvements that a) Contractor leaves on site and b) the County requests removal, the
County shall have the sole right to remove Contractor's personal property and improvements from the
Shelter. Contractor shall be responsible to reimburse the County for all costs and expenses associated
with the removal and disposal of Contractor's personal property and improvements.
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If County funds are used to acquire any capital assets, then upon termination or expiration of the
contract, those assets will become the property of Monroe County, unless otherwise agreed to in
writing by the County.
15. FUNDRAISING:
The Contractor may not use the Shelter Facilities for fundraising events or for selling merchandise or
services unless the County does not object after the Contractor notifies the County in advance and
unless the funds raised, less related costs, are used to benefit the animals in Monroe County.
The Contractor shall collect on behalf of the County the fines as listed in Monroe County Code Section 4-
39, 4 -45, 4 -46 and 4 -66, and the fees listed in the Fee Resolutions attached hereto as Exhibit "B," as
same may be amended from time to time. Said fines and fees shall be remitted to the County as set
forth in Sec. 4 -39 of Monroe County Code.
Contractor shall account separately for all donations and funds received:
a) At any Monroe County Animal Shelter;
b) For the benefit of animals in Monroe County; and
c) Off of Monroe County premises for which the donors have a reasonable expectation that the
funds may be used out of Monroe County.
Funds raised by the Contractor from fundraising events at the Monroe County shelter and donations
received at Monroe County Animal Shelters shall only be used to benefit the animals in Monroe County
or other services not mandated by the contract and may only be applied to the organization's
operational mission within Monroe County unless there is documentation that the donor wanted the
donation to be used for any mission purpose, whether in or out of the County, or the fundraising fliers
and other materials make it clear that the funds are to be used outside the County.
16. NON - DISCRIMINATION
County and Contractor agree that there will be no discrimination against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. County or Contractor agree to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not
limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the
basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20
USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504
of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the
basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-
255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42
USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)
The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to
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time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI,
prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry,
sexual orientation, gender identity or expression, familial status or age; and 11) any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this Agreement.
17. INSPECTION OF BOOKS AND FACILITIES /AUDIT /ACCOUNTING:
Contractor shall keep and maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently applied.
Each party to this Agreement or their authorized representatives shall have reasonable and timely
access to such records of each other party to this Agreement for public records purposes during the
term of the Agreement and for five (5) years following the termination of this Agreement. If an auditor
employed by the County or Clerk determines that monies paid to the Contractor pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the
monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies
were paid to Contractor.
In addition, the Contractor shall, at its expense, provide the County with an annual audit prepared by an
independent Certified Public Accountant; said audit shall conform to generally accepted auditing
standards and shall be submitted to the County within one hundred twenty (120) days following the
close of the Contractor's fiscal year.
18. PUBLIC RECORDS:
Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of
the State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe
County in order to perform the service.
(b) Provide the public with access to public records on the terms and conditions that Monroe County
would provide the records and at a cost that does not exceed the cost provided in Florida Statutes,
Chapter 119 or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all
public records in possession of the contractor upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to Monroe County in a format that is
compatible with the information technology systems of Monroe County.
The County shall have the right to unilaterally cancel this Agreement upon violation of this provision by
Contractor.
19. MEDICAL RESEARCH
In no event shall any animals under the care, custody, or control of the Contractor be given,
bartered or sold to any medical research company.
20. CAT /RACCOON TRAPS:
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The County hereby leases its cat /raccoon traps to the Contractor for the Contractor to rent to the public
upon payment of a deposit fee. All deposit fees collected by Contractor shall be returned to the renter
upon return of the trap or, if the trap is not returned to Contractor, the deposit fee will be retained by
the Contractor in order to purchase replacement traps. At the end of this agreement, the Contractor
will return the same number of cat /raccoon traps to the County as the County had provided at the
beginning of this agreement. Nothing herein shall preclude Contractor from purchasing and renting its
own cat and raccoon traps. Contractor shall notify the public of the availability of cat and raccoon
traps.
21. BREACH OF TERMS BY CONTRACTOR
The passing, approval, and /or acceptance by the Owner of any defect in the services furnished by
the Contractor, shall not operate as a waiver by the County of strict compliance with the terms of
this Contract, and specifications covering the services. County may immediately terminate the
Agreement due to any violations by Contractor of criminal statutes governing humane and cruel
treatment of animals. Any other Contractor breach of this agreement shall be governed by the
article below on termination for cause.
The Contractor agrees that the County Administrator may designate representatives to visit the
facility(ies) periodically to inspect Contractor's maintenance of the premises, and care provided to
animals. The Contractor agrees that the County Administrator may designate representatives to visit
the facility(ies) periodically to conduct random open file evaluations during the Contractor's normal
business hours.
22. TERMINATION WITHOUT CAUSE
The County may terminate this agreement without cause by providing the Contractor with written
notice of termination at least sixty (60) days prior to the date of termination.
23. TERMINATION WITH CAUSE
The County may terminate this agreement for cause if the Contractor shall default in the performance of
any of its obligations under this agreement. Default shall include the occurrence of any one of the
following events and same is not corrected to the satisfaction of the County within fifteen (15) days
after the County provides the Contractor with written notice of said default:
a. Failure to provide food or water for animals in the custody of Contractor.
b. Failure to procure appropriate veterinary care for any sick or injured animal in the custody
of the Contractor.
c. Failure to administer euthanasia in a humane manner.
d. Failure to maintain the Shelters in a clean, safe and sanitary manner.
e. Breach of any other term, condition or requirement of this agreement.
24. ASSIGNMENT
The Contractor shall not assign or subcontract its obligations under this agreement, except in writing
and with the prior written approval of the Board of County Commissioners of Monroe County and
Contractor, which approval shall be subject to such conditions and provisions as the Board may
deem necessary. This paragraph shall be incorporated by reference into any assignment or
subcontract and any assignee or subcontractor shall comply with all of the provisions of this
19
agreement. Unless expressly provided for therein, such approval shall in no manner or event be
deemed to impose any additional obligation upon the board.
25. COMPLIANCE WITH LAW
In providing all services /goods pursuant to this agreement, the Contractor shall abide by all statutes,
ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including
those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate
this contract immediately upon delivery of written notice of termination to the contractor. The
contractor shall possess proper licenses to perform work in accordance with these specifications
throughout the term of this contract
26. DISCLOSURE AND CONFLICT OF INTEREST
A. The Contractor represents that it, its directors, principles and employees, presently have no
interest and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required by this contract, as provided in Sect.
112.311, et. seq., Florida Statutes.
B. Upon execution of this contract, and thereafter as changes may require, the Contractor shall
notify the County of any financial interest it may have in any and all contracts with Monroe
County. CD
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27. FINANCIAL RESPONSIBILITY '
The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any
contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants
and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms
of this contract.
The Contractor represents by signing this agreement that it has the financial ability and responsibility to
develop and construct an animal control facility on the Relocated Premises and that it will be solely
responsible for all cost associated with the Project and that funds reimbursed under this contract are
not for the development and construction of the Project. As per the 99 -year Amended and Restated
Lease agreement, the Contractor shall provide a performance guarantee to the County before a building
permit will be issued. The Contract shall warrant, prior to issuance of a building permit, that Contractor
has the financial capability to construct and complete the Project/The Facility as planned without the
need to request further funding from County for same. The Contractor shall confirm in writing (in the
form of bank statements; signed letter from the bank stating that funds are in the bank for the specified
project; documentation provided by a financial institution of a line of credit assigned to the construction
of the Facility) that Contractor has the funds in place, at the time of issuance of the building permit such
to be in a position to construct and complete the Facility. The County /BOCC shall address any
deficiencies in funding. The County /BOCC has the option to reduce the size of the project/The Facility in
order to meet any deficiencies in funding.
28. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed,
postage prepaid, to the other party by certified mail, returned receipt requested, to the following:
FOR COUNTY:
20
Monroe County Administrator and Dent Pierce, Director and County Attorney
1100 Simonton Street Monroe County Public Works 111112 th St., Suite 408
Key West, FL 33040 1100 Simonton St., Rm. 2 -231 PO Box 1026
Key West, FL 33040 Key West, FL 33041 -1026
FOR CONTRACTOR:
Florida Keys SPCA
5230 College Road
Key West, FL 33040
29. TAXES
The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall not be
exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used
to fulfill its obligations under this contract, nor is the Contractor authorized to use the County's Tax
Exemption Number in securing such materials. The Contractor shall be responsible for any and all taxes,
or payments of withholding, related to services rendered under this agreement.
30. GOVERNING LAWS
This Agreement is governed by the laws of the State of Florida. Venue for any litigation arising under
this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is
entitled to attorney's fees and costs.
31. PUBLIC ENTITY CRIME STATEMENT
A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide goods or services to a public entity, may not
submit a bid on a contract with a public entity for construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount provided in Section
287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list. (CATEGORY TWO: $25,000.00).
32. AUTHORIZED SIGNATORY The signatory for the Contractor, below, certifies and warrants that:
(a) The Contractor's name in this agreement is its full name as designated in its corporate charter.
(b) He or she is empowered to act and contract for Contractor.
(c) This agreement has been approved by the Contractor's Board of Directors.
Further, Contractor shall, upon execution of this agreement, provide proof of incorporation and a list of
its Board of Directors.
33. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the County and the Contractor for the
services contemplated herein. Any amendments or revisions to this agreement must be in writing and
be executed in the same manner as this agreement.
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34. NON - RELIANCE BY NON - PARTIES
21
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce or attempt to enforce any third -party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the County and the Contractor
agree that neither the County nor the Contractor or any agent, officer, or employee of either shall
have the authority to inform, counsel, or otherwise indicate that any particular individual or group
of individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in the
Agreement.
35. SURVIVAL OF PROVISIONS
Any terms or conditions of either of this Agreement that require acts beyond the date of the term of the
Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and
until the terms or conditions are completed and shall be fully enforceable by either party.
IN WITNESS WHEREOF, the parties hereto have executed this Amended and Restated
Aereement as of the date first written above.
BOARD OF UN MMISSIONERS
OF ON COU OID
By:
ayo hairman
By: _
Preside
Florida Keys Society for the
Cruelty to Animals, Inc.
Preven � Print Name: J
WITNESS
Print Name: 112 ' we V1 r2.�
MONROE COUNTY ATTORNEY
_ APPROVED AS TO FORM:
CHRISTINE M. L.IMBERT- BARROWS
ASSISTAI`JT GCU�lTY ATTORNEY
Date /-Ilt�
22
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Attest " ZJ�
By:
WITNESS
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O CK
CO
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MONROE COUNTY ATTORNEY
_ APPROVED AS TO FORM:
CHRISTINE M. L.IMBERT- BARROWS
ASSISTAI`JT GCU�lTY ATTORNEY
Date /-Ilt�
22
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Attest " ZJ�
By:
WITNESS
ATTACHMENT A
Expense Reimbursement Requirements
This document is intended to provide basic guidelines to Human Service and Community -
Based Organizations, county travelers, and contractual parties who have reimbursable
expenses associated with Monroe County business. These guidelines, as they relate to
travel, are from the Monroe County Code of Ordinances and State laws and regulations.
A cover letter (see Attachment B) summarizing the major line items on the reimbursable
expense request needs to also contain the following notarized certified statement:
"I certify that the above checks have been submitted to the vendors as noted and
that the attached expenses are accurate and in agreement with the records of this
organization. Furthermore, these expenses are in compliance with this organization's
contract with the Monroe County Board of County Commissioners and will not be submitted
for reimbursement to any other funding source."
Invoices should be billed to the contracting agency. Third party payments will not be
considered for reimbursement. Remember, the expense should be paid prior to requesting
a reimbursement. CD
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the
contract. This document should not be considered all- inclusive. The Clerk's Finance
Department reserves the right to review reimbursement requests on an individual basis.
Any questions regarding these guidelines should be directed to 305 - 292 -3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter- company allocations are not
considered reimbursable expenditures unless appropriate payroll journals for the charging
department are attached and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense is
needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or
hourly rate, total hours worked, withholding information and payroll taxes, check number
and check amount. If a Payroll Journal is not provided, the following Information must be
provided: pay period, check amount, check number, date, payee, support for applicable
payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for
reimbursement. For overnight or express deliveries, the vendor invoice must be included.
Rents, Leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance payments are
not allowable expenses.
Reproductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for reimbursement
The log must define the date, number of copies made, source document, purpose, and
recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the
vendor invoice and a sample of the finished product are required.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice Is required.
Telefax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the date, the
number called, and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called, the caller,
the telephone number, the date, and the purpose of the call.
Travel and Meal Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of
Travel Expenses. Travel reimbursement requests must be submitted and will be paid in
accordance with Monroe County Code of Ordinances and State laws and regulations. Credlt
card statements are not acceptable documentation for reimbursement. If attending a
conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the
original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to
facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel
purchases should be documented with paid receipts. Taxis are not reimbursed if taken to
arrive at a departure point: for example, taking a taxi from one's residence to the airport for
a business trip is not reimbursable. Parking is considered a reimbursable travel expense at
the destination. Airport parking during a business trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero.
Room must be registered and paid for by traveler. The County will only reimburse the
actual room and related bed tax. Room service, movies, and personal telephone calls are
not allowable expenses.
Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER
DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An
odometer reading must be included on the state travel voucher for vicinity travel. Mileage
is not allowed from a residence or office to a point of departure. For example, driving from
one's home to the airport for a business trip is not a reimbursable expense.
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Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM,
MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines
state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and
end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for
dinner reimbursement.
Non - allowable Expenses
The following expenses are not allowable for reimbursement: capital outlay expenditures
(unless specifically included in the contract), contributions, depreciation expenses (unless
specifically included in the contract), entertainment expenses, fundraising, non - sufficient
check charges, penalties and fines.
C4
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for ( Organization name) for the time period
of to
Check # Payee
Reason
Amount
101
Company A
Rent
$ X,XXX.XX
102
Company B
Utilities
XXX.XX
104
Employee A
P/R ending 05/14/01
XXX.XX
105
Employee B
P/R ending 05/28/01
XXX.XX
(A) Total $ X.XXX.Xx
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A + B)
(D) Total contract amount
Balance of contract (D -C)
$ X,XXX.XX
$ X,XXX.XX
XX.XX
I certify that the above checks have been submitted to the vendors as noted and that the
expenses are accurate and in agreement with the records of this organization.
Furthermore, these expenses are in compliance with this organization's contract with the
Monroe County Board of County Commissioners and will not be submitted for
reimbursement to any other funding source.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this day of 200
by who is personally known to me.
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Notary Public Notary Stamp
EXM ff "Er
PAGE 1 OF 4
RESOLUTION NO, 599- 2006
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AMENDING RESOLUTION Na 386-2006 TO PROVIDE A
THREE -YEAR COUNTY LICENSE FEE FOR CATS THAT ARE NOT
SPAYED/NEUTERED.
WHEREAS, Resohrdon 386 -2006 was passed by the Board of County Commissioners on September 20,
2006 providing for one -year and three -year County licenses, fees for dogs, cats and ferrets and replacement license;
and
WHEREAS, a scrivener's error resulted in the omission of the 3 -year County license fee far cats that are "nor
spayed'n wfered and 6 months ofage or older", 2.E (2)(b); and
WHEREAS, the animal control contractors report that there are a sufficient number of people selecting the
three -year vaccine for their pets to make the alternative three -year license also desirable;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, that:
1. Section 2.E. of Resoludon No. 386 -2006 is hereby amctrded to read:
2.
E. County License: ONE YEAR THREE YEAR
( Dogs:
(a) Animal is spayed/neutered or under 6mondis of age
(b) Animal is not spayed/neutered and 6 months of age or older
(2) Cats:
(3) Ferrets:
(a) Animal is spayedfneutered or under 6months of age
(b) Animal is not spayed/neutered and 6 months of age or older
(4) Replacement (per mplacement, regardless of years covered)
s10
S20
S35
S75
slo
$20
$35
7'
$6
$10
S2
(5) Dogs and cats with microchips or other means of permanent identification and with regi to the or
a natioeal identification service current to the owner, shall receive a S5 discount from the annu fe -_t
cm
PASSED AND ADOPTED by the Board of County Commissioners of Monroe a "''mL F%da, aba
meeting of the Board held on the 15th day of November, 2006.
Mayor McCoy Yea
Mayor Spehar Yes
Commissioner Neugent Yea n cn
Commissioner Murphy Yes e,a
Comn)issioner DiGennaro Yes
BOARD OF COUNTY COMMISSIONERS
(seal) OF MONROE COUNTY, FLORIDA
Attest: DANNY L. K / OLHAGE, Clerk
Y Deputy Clerk MONROE COUNTY ATTORNEY Mayor /Chairman
AP VEDAS TO
ZANNE A . HUTTON
COUNTYj1kY
o.t. ,((OO
EXHIBIT "B"
PAGE 2 OF 4
A RESOLUTION OF T m BOARD OF COUNTY commmomm OF It00lmz
COUNTY, FLORIDA. ANINMNG RSSMUTM N0. 303M TO MIOVIDE A
IIHMS -YEAR ALTERHATM IN TIM DOG, GAT D E62RRT UC.OW>?l> M
WAERRAS. Raohnmon Na 240 -2006 vine pond by the Band of County Caommimioeees (BOCC) to revise
the b a to be dorged far various ani nd canted sarvicet ; and
VVMRLAS, Resob bm No. 240,2006 c imiafted the sh mom doeoim hoenme avmlmble is oaqua clan
vn& the dn&year ndm va=ne wbwh are admwmw d lo sons pets; aed
VYEIERFW%do animal aodml coafzaames report that here are a xaWmant number ofpeo* Woctft Go
*rW -year vaccine for their peb to mks tits atemitive *me yrar hem= also desh*W
NOW, TMRIi?ORE, BE rr RESOLVED BY THE BOARD OF COUNTY COIIR MIONERS OF hfC MOE
COUNTY, tint.
1. Section 2.E. of Resolution No. 240.2006 is hereby amended to read:
2.
B. Coun -�
(1) � Goa' ONE YEAR
(a) Animal is RwyaYaameed or under 6moo& of ago $10 MO
(2) Cats: (b) Animal is ad gmyad/nmWwed and 6 moothe of age or older $35 S75
(a) Anal is ap WaYm rtved or under 6moaths of sge S10 $20
(b) Animal is not spnyedh mete<ed and 6 mouths of s®0 or older 535
(3) Ferrate: $6 S10
( Rqftomma (pa mPmeembegt, jqpqgm of years nova 4 $ 2
(A iqs and rata with or other mesas of peamasent idembAcation and with regstemi0o to da Cmty or
a nstinall ideoti5amian serviesr clurert to the owner, ahati roodve a t5 di000uat loom the anal lieeoae Ara
Of
PASSED AND ADOPTTD by the Board of County CaOmi wooers of Momoe Canty, Fbrida, at a meeting
die Bard held an the 201h day of Sa sm*a , 2006.
04
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May" Mceoy
Mayor Spehar
MONROE COUNTY ATTORNEY
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APPROVED T
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NATILEEN E W. CA
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ASSIatANT ttOUNTY ATTOE1Py
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BOARD OF COUNTY 001101
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Mayor Spehar
EXHIBIT "B"
PAGE 3OF4
Cornpaaion to Alternate version
RESOLUTION NO. 240 20%
A RESOLUTION OF THE BOARD OF COUNTY COMIIIISUONERS OF
MONROE COUNTY, FLORIDA, RE MALWG AND REPLACING
RESOLU77W NQ 261,2683 TO PROVmE CHANGES TO DOG, CAT &
FERRET LICENSE FEES.
WHEREAS, Rm&don Na 261 -2003 was passed by the Board of County ComiaisKOWn (BOCC)
to require the iatuauce of a dog license to correspond with the length of effectiveness of the rabies
vaccination actually awed; and
WHEREAS, the BOCC has passed Ordbxowo No. 006 -2006 requiring liceraaiaro of dogs, cats and
ferrets; and
WHEREAS, the BOCC has determined that it is in the best interns of the pubic to change
Chapter 3 of the Monroe Comity Code to ahro require 6oenium of h -to and to change the or at which
licenses are required to conform licensure to the State rabies vaccination laws; sad
WHUMAS, the BOCC has determined that there is no public eonom about the >1+a pmvio dy
found by the BOCC that calls for pick carp of u*- mattered and amsprayeld dogs at large aweed such calls for
dogs who have been neutered or spayed; and
WHEREAS, it is desired to reduce the w4 pt of pet owners who do not beep their pets ffom roaming
at large;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, that:
1. ReaAdian Na 261 -2005 is hereby repealed.
2. Fees shall be collected for the following =vices as specified:
am= Ew
A- fickle:
(1) First Time $25
(2) Second Time $50
(3) Third and each additional time within a 12 -month period $ 100
'Tbe above pick -up Res shall be doubled ff the animal pitted up was not vaccinated for rabies.
(4) UnalteredamtodarAvVJL-mVeuaaafdm Uca m If an unaltered animal comes into the
shelter, either by being picked up or brought in, them will be an additional $100 fine for the fact
that it is unaltered and that fine will be waived W owner or assigned atuetWoer agrees to alter the
animal prior to Issuing the dicker .
B. BQaA g (per night) slo
C. Adootim $10
D. QjWML $10
ROAN RM 261-200S
(COMPMi w b oN AMWA 006=W Atrrrd Vraoe App 6 2106)
EXHIBIT "B"
PAGE 4 OF 4
E. cma PER YEAR`
( Dogs=
(a) Animal is spayed/natoerod or under 6mooft of sp SIG
(b) Animal is not apayedhm uoered and 6 months of age or older S35
(Z) Cab:
(a) Animal is "yed/neutered or inter 6mondu of age S 10
(b) Animal is not g ayedhxusaed and 6 months of sp or older S3 5
(3) Ferrets: S6
(4) Replacement S 2
(5) Dogs and cab with microchips or other means of permanent identification and with registration
to the County or a national identification service current to the owner, shall receive a SS
docount 8aomdo anatal lioetue he
• Licenses are to be issued on an annual basis. However, any flawyeer license previously issued
in conformity to a three -yew rabies vaccine and pursuant to Rawhbw 261 -2003 shall remain in
effect until its natural ehcpuation dose.
F. 208K= DW certificate 9f Rashmatiall
(1) First year $100
(2) Annual Renewal S 50
G. B i't�(Pef litter) S 50
Litter regisu lion is requited before birth. The owner of a pregnant animal shall be assessed a littler
fee of S50 for each litter. if the litter is not registered, thae will be $100 fine for first offiWee, SM
flee for second o8ease. SSW bloc on thud offense. At the first offense, the fine of $100 will be
waived if ownedbaretalmr agrees to alter the litter and breeding mother.
PASSM AND ADOPTED by the Board of County Commissioners of Monroe cou ty, at a
CM
BOARD OF CO t IISSIONERS
(SOD OF MONROE , FLORIDA
A:fta V DANNY L. KOLHAGE, Cleric
By
By:
. �- Nkyodcliairmlo
Dapdty
Clark
MONROE COUNTY AT N 'Y
APPp AS
R.rl.. Rom 36 1 Zoos 2
ON
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(Compeim rood Aawd 0064006 Aftow Vnim App 6 21 06)
meeting ofhere Board bald on the 21a day of Jima ,2006. 3 p
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Mayor McCoy Tea
Mayor Spdhar tea
Commiaeioner Neugent Tsa
C41�mlapOner Patton tea z .�r � r*t
lglOeer Rice
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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 Ldgy) day of Lmonthl, 20_.
In consideration of the mutual promises contained herein, the above stated parties hereby agree as
follows:
1.
Agency shall release to Adopter the animal described in Receipt No.
2.
Agency has provided basic care to the animal, and has found it to be in apparent good health, but
makes no guarantees as to any undetected medical disorders or defects in its disposition. Any
medical treatment or procedures rendered to the animal preparatory to the adoption shall be listed
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
4—
congenital disorder. Any return after that time or for other than a congenital disorder will be
subject to the Agency's Intake Fee. In recognition that Agency is a not - for - profit organization
providing shelter care for the County shelter, none of the adoption or other related preparatory fees
are refundable.
3.
In consideration of the privilege of adoption, Adopter hereby waives any and all claims for
damages against Agency and Monroe County, their officers, employees, agents and
representatives which may result from this adoption, including, but not limited to, any veterinary
costs or expenses incurred for the animal, damages or injury to property or person.
4.
Animal has been neutered or spayed. Adopter agrees that spaying/neutering is a condition of the
adoption and this contract provision may be enforced in Court. In the event that the animal is
discovered to have not been neutered or spayed for any reason prior to release to Adopter, Agency
shall, by written notice delivered in person or by registered mail, return receipt, require Adopter,
within ninety (90) days of said notice, to provide to Agency a licensed Veterinarian's certified
statement that the animal has been neutered/spayed or shall return the animal to the Agency for
such procedure. Should Agency action become necessary to enforce this provision, Adopter
,
agrees to pay all costs, including court costs and attorney's fees of the Agency. Should a Court
adjudicate this issue, the parties agree that in addition to payment by Adopter of all costs, the
'
Agency shall be entitled to injunctive relief requiring the spay /neuter surgical procedure.
5.
Adopter agrees to provide humane care for the animal in accordance with all laws and ordinances
in force in Monroe County. Adopter will not sell, trade, give away, or otherwise dispose of said
animal without first giving Agency the right to take possession and ownership of the animal,
subject only to the Agency's Intake fee as set by Monroe County Resolution.
SO AGREED the date first written above.
(Signature of Adopter) (Signature of Agency Representative)
EXIT "G2"
FORMS REQUIRED TO BE USED BY CONTRACTOR
AFFIDAVIT OF INABILITY TO
PAY ANIMAL CONTROL CHARGES
I, , (name) who being first duly sworn, in support of my request to have
certain Monroe County Animal Control charges waived, do certify that:
I am the owner of
(name(s) of animal(s)
who are, respectively, , and
(specify species)
who have/has been picked up, housed or cared for by Monroe County Animal Control.
2. For the period of to , $
(date of 1s` charge) (date of last charge)
has been incurred as a result of the animal control services stated in paragraph number one.
3. That I am unable to pay (check one) 1) the charges (or)
2) any more than $.
without substantial hardship to myself or my family due to the following circumstances: (check all
that apply)
(A) My household gross monthly income from all sources is less than:
(1) $1,200 if only one person in household, or (2) $1,500 if more than one person in
household.
(B) I do not have cash (including checking and savings account) in excess of $500.00.
(C) I owe debts due to illness or misfortunes of my family. If this item is checked, briefly
describe in the space provided below:
(D) I do not own real or personal property which are not used by me for shelter and the
necessities of life. If this item is checked, briefly list and describe all real property and automobiles
owned by affiant:
4. If any statement herein is determined to be untrue, I agree to pay such charges as have been waived
as a result of this affidavit.
(signature)
SWORN TO AND SUBSCRIBED before me this _day of ' 20 , by
, who is personally known to me or who produced
,as identification.
Concur
Notary Public - State of Florida at large
Animal Control Director
C4
i2
Concur
County Administrator
EXHIBIT "G3"
FORMS REQUIRED TO BE USED BY CONTRACTOR
RESOUTION NO. M • 2110
A RffSOLVTKW Of = BOARD OF COMM
C OF MONROE COUNIM,
VWWDA, AMUOVM THE &KGWAL
CONIVAL WATIM IM BE V= PVMATr
TO SECTION 446 or Tom mommw CAMIRW
COOL
WEMIEAS, pummd ID Mmgc C4"y C06 4464 q= obwAS a
vxAstm of Chapter 4 o tho WX, an vdaid cow.W o*wvuw or awsw wend officer, at
any other Im ft& - - - A - nf&w, may lum a dmtkw and
'RWCRL4.% the avieW coft) C"on Wed OWI be in O"mWy the mm form as
approved by Board tew*jdm and
WMWA& the amend wwmvl 4khm Aould be wmvA by the %W of Cvm3F
Coammomem for the popm of en omg edweement Of Lbe MonM County Annul
Contra orammok and
WMZWA% Sectica 4.46, MCC ma forth dw requited wAmwficn dma shalt be
am&hw in lk- ciwkm.,
NOW TWASIUK, BE IT RESOLVED IW INE BOARD OF COUNTY
Ct*0G99KWW (W MONEM CVCM. IL DA. THAT:
I. MW 1 a a r 1a-r I Of CAMMY C40ftkliWtt$ Of M008ft COWdy Off 0 =WW
cambd r 11 alt ebW bmWD XX4 paned 46 Sw. 4-46 at dke )Mmm
CW=ly C969 rWpkW dW 01 MbW GIMM CGUICK19n rrae diNOW is
— t -- - - da% the not hm as app is i ed bembL
1 PARM AND ABOFM by the Board of County Commmmm of momm
un
Coty, Fkwift a ft I Sth day of Sqmwka. 2010.
WYIX We Murphy
k"W Fm Teo Hera w CV"Abm
Cotcumbsiom Kha W**on
CalmommomwNaveal
Camm4sip Mario Di G Aw
(SEAL)
Antic DANNY L. X01RAGH. CLUK
r\
By: 4 C.
DepAy Ckwk
Tag
Im
44 f
HOARD OFCOUMCO
Of MMWE OMTV.NTY, F10MA
A'ONAOE rC.SJP-ITY 4TT0
APP IDVc.'jA'- T FORM:
, • UNmpw
,w:TsTAhM; 7 - TO 1; PC. y • — TV
-- T — T
04
CD
CD
CD
04
EXHIBIT "G3"
FORMS REQUIRED TO BE USED BY CONTRACTOR
1jIx)LrTM W. 290 .21110
A RI1AOLVnOff OF = BOAM OF COMW
C " F. Of MWIRGE COUNTY,
FLA AiDA. ArPROYM THE ANIAL
coin's oL crump TO Bit UM PURSUATr
'10 5WnON 4.* OF TM MONKM CMKW
COOL
WHIM", pmuo 1b Mww Cm* Caft (MCC) Uasw 4-46. qo absumng a
AqWiou of Chapter 4 of the MM. p eWmal tnafd &Vwvisw or wiwA emtFol offim, or
any %* 1A* *abeam" nffiw. MY 1we a chation; and
%IECUAS, the wri" otxftl ebtio" wW " be in A6%twially dbe mw Win as
approved by Board!" and
VMZM& the animal ooauvl cilstim AwId be qVravod by ft lkwd of County
Con MWOosen 1br ft purpose of Mwh* emroreemeot of the MWNM Comfy Aftiftul
comol owbanw; and
WHEREAS, Section 4-46, WC sm forth &a requited uftattim that ABU be
cosulised in the cill".
NOW THERMSE, BE IT RESOLVED IM THE BOARD OF MUNW
COhOGSWIZU OF MONR(K COUNTY, FLORIDA, THAT:
I. MM SHM *r Caw e4 weeks avert of M*am Cooney an is' a on animal
CeNtSel ClIN&M afteebecl '@- In 234 pwwwd to San 446 of do 111M -
Can* Code. rogdres &W all mxhW cowd ceshwars we skates In
t -1- 1, ills tiro am* hm as Opp is - he rei 4.
I!
IPAV.= AND ADOPTED by the Board of County Commisskim of mamw
County, FWft 00 this 15th day of SqK4mbw. 2010.
kuym Sylvia Murphy
MIYN FM T= Hember cwdhm
Commissiaw Kim W**On
cammissigswowupNewffid
Commiei~ is Di Crenwo
(SM)
Matt: DANNY L. KOT AAGR. CLEKK
rN
Dquy Ckwk
YOU
Y"
Yes tv
-1 I
YAW
r
Tom
m
BOARD OF COUNTY
C7
OF AWNROE CXXTTY, FTMDA
a y:— 4- �.
Mayod0wirperson
541ONROE rxulwry
APPF T FORM:
GMMTItK 60. t
hNSTAN
y
Dke
C14
CD
CD
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C14
Board of County Commissioners, Monroe County, Florida
Animal Control Division
In the County Court, In and for Monroe County, Florida
Citation Data:
Citation No.
AM./PM
In the norae of Momoc Cotmty, Florida the imde siped certifies that hdshe bad just and reasonable grounds to beliem and does believe mat
First Name Middle Last Name (Name of tha OwnesdAlleged Violator)
Stud Address City Stab zip
On the day of 20 at A.M. / P.M at (L—tim)
Mamoe County, Florida, did Commit the following offsasa(s), cowwy to laws. Facts eottatitud%probable aadelemmts of off0m:
Adeal De-r*d c (IfavallaW
Name: Bread:
Cola: Sex SpayAJavaad Age: _
❑ ANIMAL AT LARGE. SEC. 4.67(x)
❑ DOG BITE, SEC. 4.75(f)
❑ NO CURRENT RABIES VACCINATION, SEC. 4.64
❑ NO VALID COUNTY LICENSE SEC. 4.65
❑ FAILURE TO PROVIDE ADEQUATE SHELTER, SEC. 4-8 10)
❑ANIMAI.(S)CONFINED IN VENHIC1E, SEC. 4.81(s)
❑ FAILURE TO NEUTER DOGS. CATS, RABBITS, SEC. 4.69(.)
❑ OTHER VIOLATION SEC. 4.
Wham triable in County Cant; Lower Keys Division - Monroe Canty Comlh. Anne; 302Flea ing Streek Key West, FL. 33040, or
Middle Keys Division- Mustboo Bra nrb Courmouse 3117 Ovasas Highway., Manahan, FL 33050; a
Upper Keys Dtvinm Upper Keys Govetnmmt Cemer, 88820 Ovcmu Highway, Plantation, Key. Florida 33070
On: (Monet) (Day). 20 at AMJPM Judge: Courtroan:_
❑ IT IS MANDATORY THAT YOU APPEAR W MONROE COUNTY COURT AT THE TIME AND PLACE RECORDED ABOVE.
❑ YOU NEED NOT APPER IN COURT ON THE DATE ABOVE, BUT MUST COMPLY WrJW THE INSTRUCTIONS ON YOUR COPY OF THIS
DOCUMENT.
ISSUING OFFICER: DATE:
SIGNATURE
PRIM NAME AND TITLE:
1 HEREBY AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED ABOVE TO ANSWER TO THE OFFENSEM CHARGE) OR, IF THE
OFFENSE(S) CHARGED DOES NOT REQUIRE A MANDATORY COURT APPEARANCE AND I DESIRE NOT TO CONTEST THE CHARGE, TO PAY A
CIVIL PENALTY IN THE AMOUNT OF f IN THE MANNER SET FORTH IN THE INSTRUCTIONS ON THE BACK SIDE OF
THIS CITATION. I UNDERSTAND THAT, IF 1 DO NOT APPEAR IN COURT TO CONTEST THE CITATION OR PAY THE CIVIL PENLTY
WITHIN TEN ( I0t DAYS OF 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 JUDGEMF,NT MAY BE ENTERED AGAINST ME UP TO
THE MAXIMUM AMOUNT OF THE CIVIL PENALTY OF S500. IN ADDITION. FAILURE TO COMPLY MAY ALSO RESULT IN AN ORDER TO
SHOW CAUSE TO BE ISSUED FOR MY APPEARANCE IN COURT, WHICH MAY FURTHER RESULT IN BEING HELD IN CONTEMPT OF
COL11T.
N
CD
CD
CD
N
N
SIGNATURE OF OWNER/ALLEGED VIOLATOR DATE
SIGNATURE IS= AN ADMISSION OF GUILT
(Nate: Front of citation)
IINKRUCTIONS
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 of NOLO CONfENDFRE (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 checked below,
(DO NOT MAIL CASH OR PERSONAL CHECKS); or you may appear at the address checked below, between the hours
of 8:30 AM. & 5:00 P.M., Monday — Friday (Saturdays, Sundays and Holidays excluded) and pay the prescribed amount.
❑ Lowe Keys Clak's Office (or Midge or Upper Keys Clerk's Office as appropriete)
SW Whitabad St., SuBe 101, Key West, Fbride 33040
AMOUNT TO BE PAID:
@fate: Whichever your method of paya=4 you uniet sip the" PLEA OF GUILTY OR NOLO CON ENDERE AND WAIVER OF RIGIM :' below and
return it to the Clmk with your cheek.
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 must be presented to the court at such appearance.
PLEA OF GUILTY OR NOLO CONTENDERS
AND WAIVER OF RIGHTS
In consideration of my not appearing in court; I, the undcrsigned, do hereby enter my appearance on the affidavit for the offense(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 CONTE DERE (No Contest) for the offense(s)
charged. I waive my right to defend against such charge(s) or to appeal any error in such proceedings. I understand the nst= 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.
Sigrnmm
Address
Signamm of person taking waiver if presented in person
Title: (Clerk, Deputy Clerk)
tis
e .
(Now: Back of cimflon)
EXHIBIT "G4"
Inc.
ANIMAL SHELTER
DATA FOR MONTH OF:
DOGS CATS
Animals Brought In:
Animals Picked Up:
Animals Adopted:
Animals Redeemed:
Animals Transferred *:
Animals Escaped:
Animals Born at Shelter:
Animals DOA:
Animals Euthanized
Other Animals
** number sick, injured, or dangerous
Animals on Hand
NOTES:
Service Calls:
Bite Reports:
Cruelty Cases:
COUNTY FEES COLLECTED
*List how many, type of animal and where
animal was transferred
Failure to Spay /Neuter:
Exemption License:
License:
Pick -Up
Boarding:
Adoption:
Disposal:
Euthanasia:
Feline Leukemia test:
Total County Fees Collected: $ -
REPORTED BY:
Date Reported:
Donations:
Grants:
Other:
I $ -
C.7.d
RESOLUTION NO. 14 -089
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF KEY WEST, FLORIDA, APPROVING THE ATTACHED
AMENDED AND RESTATED LEASE BETWEEN THE CITY AND
MONROE COUNTY FOR THE ANIMAL CONTROL PREMISES;
APPROVING THE ATTACHED JOINT PARTICIPATION
AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, in Resolution No. 85 -224, the City Commission
approved a 99 -year lease with Monroe County for Animal Control
premises on Stock Island; and
WHEREAS, the buildings at that location have reached the end of
their useful life, and the City Commission finds that it would be
beneficial to allow the construction of a new animal control
building and shelter at an elevated site; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA AS FOLLOWS:
Section 1 : That the attached Amended and Restated Lease
Agreement between the City and Monroe County is hereby approved.
Section 2 : That the attached Joint Participation Agreement
between the City and Monroe County is hereby approved.
Section 3 : That this Resolution shall go into effect
immediately upon its passage and adoption and authentication by the
signature of the Presiding Officer and the Clerk of the Commission.
Page 1 of 2
C.7.d
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
2Qrh day of
March , 2014.
Filed
with
the Clerk on
March 20 2014.
Mayor Craig Cates
Vice Mayor Mark Rossi
Commissioner Teri Johnston
Commissioner Clayton Lopez
Commissioner Billy Wardlow
Commissioner Jimmy Weekley
Commissioner Tony Yaniz
A
CHERYL SMITH,<31TY CLERK
Yes
Yes
Yes
Yes
Yes
Yes
Yes
CRAIG CATES, -
Page 2 of 2
C.7.d
EXECUTIVE SUMMARY
TO: City Commission
CC: Bogdan Vitas
FR: David Fernandez
Marilyn Wilbarger, RPA, CCIM
DT: March 11, 2014
RE: Amended and Restated Lease Agreement and Joint Participation Agreement
with Monroe County for the Animal Control Premises
ACTION STATEMENT:
This is a request to approve an amended and restated lease agreement, and joint
participation agreement with Monroe County providing for the re- location to another
parcel of land owned by the City and utilized by the County for animal control services,
and construction of a new building thereon.
BACKGROUND:
LEASE AGREEMENT
The City previously entered into a 99 year lease agreement with the County in December
of 1985 for the use of a parcel of city owned land for the purposes of providing animal
control services. The original premises have reached the end of their useful life and the
County together with its animal control manager are raising the funds necessary to build
new facilities. The City has another vacant parcel of land adjoining the City
transportation site on College Road that can accommodate a new animal control building
and shelter. The re- location will provide the opportunity for the construction and
completion of a new facility without an interruption of services, at an elevated site, with
the ability to exercise the animals on the adjoining property that will be mutually
beneficial. Therefore, the lease must be amended to provide for the re- location, and the
original terms that remain unchanged are restated in an updated form of agreement. A
summary of the basic terms are as follows:
PREMISES: The parcel will be re- located to a site on College Road as shown
on exhibit "B" of the lease containing approximately 1.02 acres.
TERM: The term remains unchanged and began retroactively on the 12
day of November 1985 and will expire in the 11' day of
November 2084.
C4
N
USE: The County shall be entitled to use the premises for the
construction and continuous operation of the animal control
program, animal shelter and related and associated uses. The
County may enter into an agreement with a third party for the
operation of the animal control facility and shelter.
RENT: The rent for the re- located premises will be $10.00 per year
pursuant to the original lease agreement.
EXPENSES: The Tenant will pay for operating costs including all utilities,
repairs and maintenance, replacements and to re-construct the
property as necessary to keep the premises in good repair and
condition.
INSURANCE AND
INDEMNIFICATION: The most current language and requirements have been added to
the lease with language that will provide for periodic updating as
may be necessary throughout the term of the lase.
IMPROVEMENTS: The County, under separate agreement with its animal control
contractor will develop and construct an animal control facility and
shelter on the re- located premises at their sole cost and expense. CL
The timeline and specific requirements for the development and
construction of the improvements are detailed in Section 9 of the
lease. The County will be solely responsible for the demolition,
removal and remediation of the existing improvements on the
CD
original parcel.
'
FINANCIAL: The County accepts the original and the re- located premises in an
as is condition and all improvements will be at the sole cost and
expense of the County.
Further, before a building permit will be issued as set forth above,
the County shall provide a performance guarantee. The County
shall warrant that it has the financial capability of completing the
project/ Facility as planned without the need to request further
funding.
JOINT PARTICIPATION AGREEMENT
The City and the County entered into a joint participation agreement on May 16, 1978
wherein the County agreed to maintain an animal control program and to enforce animal
control ordinances in exchange for the lease of City owned land. The proposed agreement
has been updated to be consistent with the terms and conditions of the amended and
restated lease agreement as outlined above.
Further, the City will agree to cooperate with the County in making such changes to its
ordinances that are reasonable and necessary as may be requested by the County to assure
reasonable control by the County within the City.
CONCLUSION:
Staff recognizes the need and importance of the construction of new facilities and
supports the re- location of the facilities pursuant to the terms and conditions proposed in
the amended and restated lease agreement and joint participation agreement.
C.7.d
JOINT PARTCIPATION AGREEMENT
THIS AGREEMENT is entered into this Lfrlaay ofggg.�,2014, between Monroe
County, a political subdivision of the State of Florida (hereinafter, the COUNTY) and the
CITY of Key West, a municipal corporation organized and existing under the laws of the
State of Florida (hereinafter, the CITY).
WITNESSETH:
WHEREAS, the CITY and the COUNTY entered into a 99 -year lease agreement on
December 2&, 1985, whereby the CITY leased property to the COUNTY for use as an animal
control facility and the COUNTY agreed to provide animal control enforcement and services in
the CITY; and
WHEREAS, the parties also entered into a Joint Participation Agreement on May 16,
1978, which outlined the arrangement of the parties at that time; and
WHEREAS, the Florida Keys Society for the Prevention of Cruelty to Animals, Inc. (also
referred to as "Florida Keys SPCA" or "FKSPCA ") has been the animal control contractor for
the COUNTY and has provided animal care and enforcement for Key West and the Lower Key
since 1999; and
WHEREAS, due to the poor condition of the animal control facility, the Florida Keys
SPCA has been raising funds to assist the County in building a new animal shelter and has
requested that the parties support this effort by providing an appropriate site location; and
WHEREAS, the CITY has agreed to amend the 99 -year lease agreement with the
COUNTY to include a site location for a new animal control facility to be built by the County,
with the assistance of its animal control contractor, the FKSPCA and used for animal control
services and enforcement for Key West and the Lower Keys; and
WHEREAS, the parties in conjunction with the amended 99 -year lease wish to enter into
a new joint participation agreement to further outline the current obligations of the parties;
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, the parties agree as follows:
General Terms and Conditions
1. The CITY currently leases to the COUNTY, the tract of land, together with
improvements thereon, which is described on Exhibit A attached hereto and pursuant to
the terms as outlined in the 99 -year lease agreement.
2. The CITY proposes to lease to the COUNTY, the tract of land, which is described on
Exhibit B attached hereto and pursuant to the terms as outlined in the proposed Amended
and Restated 99 -year Lease Agreement. Due to the poor condition of the animal control
facilities, it is the intent of the parties that the tract of land described on Schedule A will
continue to be used as an animal control facility until a new animal control facility is built
by the COUNTY, on the tract of land described on Schedule B. In the event that the
County does not operate an animal control facility or animal shelter and its related and
associated uses, on the property described on Schedule A or Schedule B , then this
agreement shall be null and void and possession of the premises shall revert to the CITY.
The COUNTY will have 90 days from the date of the Certificate of Occupancy issuance
for the premises located on Schedule B to vacate the premises located on Schedule A.
3. The CITY will cooperate with the COUNTY in making such changes in its ordinance as
are reasonable and necessary as requested by the COUNTY to assure reasonable control
of all animals within the CITY by the COUNTY.
4. The COUNTY agrees to maintain an animal control program and to enforce animal
control ordinances within the City of Key West, Florida, in exchange for lease of land as
CL
set forth in the proposed Amended and Restated 99 -year Lease agreement.
5. The parties agree to cooperate and encourage the aid and assistance of the Florida Keys
SPCA and its successor in carrying out the objectives and obligations of this contract.
6. The failure of either party hereto to comply with any of its material obligations to the
other party as provided for herein shall constitute a default under this Agreement. Upon
any such default, the non - defaulting party shall provide to the defaulting party a written
Notice of such default, which Notice (a "Default Notice ") shall state in reasonable detail
the actions the defaulting party must take to cure the same. The defaulting party shall
cure any such default, within 30 days following the date of the Default Notice. This
provision does not waive or negate the provisions of paragraph 21 and 22.
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 party's obligations are such that more than 30 days is
required to effect cure, then the defaulting party shall not be in default hereunder and the
non - defaulting party shall not have the right to exercise its termination rights granted
herein as a result of any such default, if the defaulting party commences cure within the
applicable cure period and thereafter diligently pursues cure to completion of
performance.
8. In the event the defaulting party fails to affect any required cure as provided for herein,
the defaulting party shall be deemed to be in uncured default hereunder, and the non-
defaulting party shall have the right, but shall not be obligated, upon written Notice to the
defaulting party, to terminate this Agreement.
9. To the extent permitted by law and subject to the provisions and monetary limitations of
Section 768.28, Florida Statutes, the COUNTY does hereby agrees to defend, indemnify
and hold the CITY, its officers, agents, or employees, harmless from and against any and
all liability, damages, costs or expenses (including reasonable attorneys' fees, costs, and
2
expenses at both the trial and appellate levels) arising from the acts or omissions of the
COUNTY or any third party vendor contracted by the COUNTY in connection with this
Agreement.
10. Notices.
All notices, requests, demands, elections, consents, approvals and other
communications hereunder must be in writing and addressed as follows, or to any other
address which either party may designate to the other party by mail:
If to County
County Administrator
Monroe County
Historic Gato Building
1100 Simonton Street
Key West, Florida 33040
With a copy to:
Monroe County Attorney's Office
P.O. Box 1026
Key West, Florida 33041 -1026
If to CITY City Manager
P.O. Box 1409
Key West, Florida 33041
With a copy to
City Attorney
P.O. Box 1409
Key West, Florida 33041
Any Notice required by this Agreement to be given or made within a specified period of
time, or on or before a date certain, shall be deemed to have been duly given if sent by
certified mail, return receipt requested, postage and fees prepaid; hand delivered; or sent by
overnight delivery service.
11. Attorneys Fees and Waiver of Jury Trial.
In the event of any litigation arising out of this Agreement, the prevailing party shall
be entitled to recover its attorneys' fees and costs, including the fees and expenses of
any paralegals, law clerks and legal assistants, and including fees and expenses
charged for representation at both the trial and appellate levels. In the event of any
litigation arising out of this Agreement, each party hereby knowingly, irrevocably,
voluntarily and intentionally waives its right to trial by jury.
12. Governing Law.
C4
3
C.7.d
This Agreement shall be construed in accordance with and governed by the laws of the
State of Florida. Exclusive venue for any litigation arising out of this Agreement shall be
in Monroe County, Florida, Lower Keys Division of the Circuit Court or the Southern
District of Florida. This Agreement is not subject to arbitration.
13. Entire Agreement /Modification/Amendment.
Subject to the Amended 99 -year lease, this writing contains the entire Agreement of the
parties and supersedes any prior oral or written representations. No representations were
made or relied upon by either party, other than those that are expressly set forth herein.
No agent, employee, or other representative of either party is empowered to modify
or amend the terms of this Agreement, unless executed with the same formality as
this document.
14. Nonassignability.
CL
This Agreement shall not be assignable by either party unless such assignment is
first approved by both parties.
4—
15. Severability.
Cq
If any term or provision of this Agreement shall to any extent be held invalid or
CD
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
i2
fullest extent permitted by law.
16. Independent Contractor
The COUNTY and its employees, volunteers, agents, vendors and subcontractors shall be
and remain independent contractor and not agents or employees of the CITY with respect
to all of the acts and services performed by and under the terms of this Agreement.
17. Non - reliance by non - parties
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce or attempt to enforce any third -party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the
COUNTY and the Contractor agree that neither the COUNTY nor the Contractor or any
LO
,
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
u
18. Waiver.
The failure of either party to this Agreement to object to or to take affirmative action
with respect to any conduct of the other which is in violation of the terms of this
Agreement shall not be construed as a waiver of the violation or breach, or of any future
violation, breach or wrongful conduct.
19. Survival of Provisions.
4
Any terms or conditions of either this Agreement that require acts beyond the date of the
term of the Agreement, shall survive termination of the Agreement, shall remain in full
force and effect unless and until the terms or conditions are completed and shall be fully
enforceable by either party.
20. Binding effect
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and CITY and their respective legal representatives,
successors, and assigns.
21. Adjudication of Disputes or Disagreements
COUNTY and CITY agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. If no
resolution can be agreed upon within 30 days after the first meet and confer session, the
issue or issues shall be discussed at a public meeting of the Board of County
Commissioners and CITY. If the issue or issues are still not resolved to the satisfaction
of the parties, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law.
22. Cooperation
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement,
COUNTY and CITY agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of
this Agreement or provision of the services under this Agreement. COUNTY and CITY
specifically agree that no party to this Agreement shall be required to enter into any
arbitration proceedings related to this Agreement.
23. Non - waiver of immunity
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CITY and the COUNTY in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of
liability coverage, nor shall any contract entered into by the COUNTY be required to
contain any provision for waiver.
24. Privileges and Immunities
All of the privileges and immunities from liability, exemptions from laws, ordinances,
and rules and pensions and relief, disability, workers' compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or
employees of the COUNTY, when performing their respective functions under this
Agreement within the territorial limits of the COUNTY shall apply to the same degree
5
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 COMMISSIONERS
MONROE COUNTY, FLORIDA
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ZY
Crai Cate ayo
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
CHRISTINE M. LIMBERT- BARROWS
ASSISTANT COUNTY ATTORNEY
Date 4 � �
4
6
THE CITY OF KEY WEST, FLORIDA
Exhibit 64
Original Premises
I
EXHIBIT A
From the intersection of the centerline of the south land of
U.S. Highway No. 1 and the easterly abutment of the Cow Key
Channel Bridge go North 71 Degrees 19 Minutes East a distance of
300 feet to a point of intersection with the approximate
centerline of County Club Road; thence along said approximate
centerline North 19 degrees 51 Minutes West a distance of 330
feet to Point #1.; thence North 39 Degrees 18 Minutes West a
distance of 300 feet to Point #2; thence North 30 Degrees 29
Minutes West a distance of 265 feet to Point #3; thence North 03
Degrees 13 Minutes West a distance of 152 feet of Point #4;
thence North 20 Degrees 08 Minutes East a distance of 600 feet
to Point #5; thence South 69 Degrees 52 Minutes East, 28.8 feet
to the Point of Beginning of the parcel of land herein
described; thence continue South 69 Degrees 52 Minutes East,
along a cyclone fence, 145.7 feet to a point; thence South 30
Degrees 08 Minutes West, along a cyclone fence, 19.1 feet to a
point; thence North 83 Degrees 08 Minutes West, along a cyclone
fence, 36.7 feet, to a point; thence South 20 Degrees 08 Minutes
West, along a cyclone fence, 120.1 feet to a point; thence North
69 Degrees 52 Minutes West, along a cyclone fence, 119.4 feet to
a point; thence Northeasterly, along a cyclone fence, 149.2 feet
back to the Point of Beginning, that excepting from any land
described herein, the building or trailer currently occupied by
Billie Cheek, which property shall not be included in this lease
agreement.
C.7.d
Exhibit B
Relocated Premises
04
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C.7.d
LEGAL DESCRIPTION
PARCEL F
A parcel of land on and adjacent to Stock Island, Monroe County. Florida: said
parcel being a part of the lands described in TIIF Deed No. 19699 (Deed Book
G -52 at Page 32 of the Public Records of the said County, TIIF Deed No. 23257
(Official Record Book 269 at Page 51'6 of the said Public Records) and TIIF Deed
No. 24067 (Official Record Book 355 at Page 32 of the said Public Records; the
said parcel of land lying entirely within the composite of the said TIIF Deeds referred
to above: the said parcel lying within Sections 26 and 27, Township 67 South,
Range 25 East; and the said parcel of land being described by metes and bounds as
CL
follows: COMMENCE at the intersection of the easterly right -of -way line of Junior
Cn
College Road with the northerly right -of -way line of U.S. Highway # I (State Road
#5); thence N 18 °4 I' I W 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 having a
radius of 265.00 feet and a central angle of 35°06'00' for 162.34 feet to a point
CD
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 N45 0 3007' E for 276.04 feet to a point of curvature of
a curve concave to the Northwest; thence northeasterly on the arc of said curve
having a radius of 3686.55 feet and a central angle of 3 °43'31" for a distance of
239.69 feet; thence N4 I °46'36" E for a distance of 435.66 feet; thence
N48° 13'24" W for a distance of 15.00 feet; thence N4 I °4636" 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 °4636' W for a distance
of 1 64.71 feet back to the POINT OF BEGINNING. Described tract contains 1.02
acres MORE OR LESS.
-- _..._ .................._.
Amended and Restated Lease Agreement
between
The City of Key West, Florida
as Landlord
Monroe County, CD
as Tenant �?
Dated ()ULfri - lq I a 0l t f
Page 1 of 22
C.7.d
This Amended and Restated Lease Agreement is made and entered into in Key West,
Monroe County, Florida, this I qa day of ft"2014, by and between THE CITY OF
KEY WEST, FLORIDA, a municipal corporation organized and existing under the laws
of the State of Florida, whose mailing address is P.O. Box 1409, Key West, Florida,
33041, (hereinafter "LANDLORD "), and Monroe County, a political subdivision of the
State of Florida, whose mailing address is 1100 Simonton Street, Key West, Florida
33040, (hereinafter "TENANT").
Whereas, on December 20, 1985, the LANDLORD and TENANT entered into a 99 year
lease agreement for a parcel of land more particularly described on Exhibit "A", which is
attached hereto and incorporated by reference, to be utilized for animal control purposes
( hereinafter "Original Premises "); and
Whereas, the TENANT agrees to maintain an animal control program and enforce the
animal control ordinances of the City of Key West in accordance with the Joint
Participation Agreement entered into by the parties simultaneously with this Amended
and Restated Lease Agreement; and
Whereas the LANDLORD and the TENANT now desire to relocate the demised
premises referred to in the 99 year lease agreement to the parcel of land more particularly
described on Exhibit `B ", which is attached hereto and incorporated by reference
(hereinafter the "Relocated Premises "); and
Whereas, the TENANT, through its animal control contractor, the Florida Keys Society
of Prevention of Cruelty to Animal, Inc., shall construct a new animal control facility and
animal shelter on the Relocated Premises (hereinafter the "Facility ").
Therefore, in consideration of the covenants and promises contained herein, the parties
agree as follows:
Page 2 of 22
1. DEMISE The LANDLORD does hereby lease to the TENANT, and the
TENANT does hereby lease from the LANDLORD, the Relocated Premises, a parcel of
land zoned for light industrial use containing 1.02acres located on College Road, Key
West, Florida (hereinafter referred to as "Relocated Premises "), which is more
particularly described on Exhibit B, which is attached hereto and incorporated by
reference. The LANDLORD shall have unrestricted access and utilization of the fire road
located within the Relocated Premises.
2. TERM The term of this Amended and Restated Lease Agreement shall
be for a period of ninety nine (99) years commencing retroactively to the 12 day of
November, 1985, and ending at midnight on the 11 day of November, 2084.
3. RENT The TENANT agrees to pay to the LANDLORD an annual rent
for the Relocated Premises of Ten Dollars ($10.00) per year, which rental amount shall
be paid on an annual basis each year of the term of this Amended and Restated Lease
Agreement and shall be due on the 12 day of November.
4. USE OF THE PREMISES The TENANT shall be entitled to use the
Original Premises and the Relocated Premises for the continuous operation of
TENANT'S animal control facility, animal shelter and related and associated uses and for
no other purpose. TENANT may enter into an agreement with a third party for the
operation of the animal control facility and animal shelter and related and associated uses.
In the event the TENANT does not operate the Original Premises or the Relocated
Premises as an animal control facility, or in the event the TENANT breaches any of the
terms or conditions contained in the Joint Participation Agreement entered into by the
parties simultaneously with this Amended and Restated Lease Agreement, this Amended
and Restated Lease Agreement shall be cancelled, be of no further force or effect, and
possession of the Original Premises and Relocated Premises shall revert to the
LANDLORD.
In addition, TENANT further agrees:
Page 3 of 22
A. Any banners, pennants, search lights, signs, balloons, or similar temporary
media on the Original Premises or Relocated Premises must be in accordance with Key
West City Code;
B. Not to commit waste in the Original Premises or Relocated Premises and
to keep the Original Premises and Relocated Premises in a safe, neat, clean and orderly
condition and to maintain the Original Premises and Relocated Premises in good
condition;
C. Not to use the Original Premises or Relocated Premises or permit the same
to be used for any residential purpose or permit the same to be used in any manner that
violates any law, ordinance, rules, or regulation of the LANDLORD, or other
governmental agencies, as existing or promulgated during the term hereof, or in a manner
that would constitute a hazardous use of the Original Premises or Relocated Premises or
violate any insurance policy of the TENANT or the LANDLORD;
D. To take no action that would: (i) violate the LANDLORD's contracts or
(ii) cause any work stoppage or cause any manner of interference with LANDLORD;
E. To abide by and observe all rules and regulations established from time to
time by the LANDLORD and the LANDLORD's insurance carver,
F. To obtain and maintain all licenses, permits, and other approvals necessary
to conduct the TENANT's business during the Lease term.
5. COVENANT OF QUIET POSSESSION So long as the TENANT pays
all of the rent and charges due herein, TENANT shall peaceably and quietly have, hold,
and enjoy the Original Premises and Relocated Premises throughout the term of this
Amended and Restated Lease Agreement without interference or hindrance by the
LANDLORD or LANDLORD's agents.
6. INSURANCE: INDEMNIFICATION.
Insurance: At TENANT'S sole cost and expense, TENANT will secure, pay for, and file
with the LANDLORD, during the entire Term hereof, an occurrence form commercial
general liability policy, covering the Original Premises and Relocated Premises and the
operations of TENANT and any person conducting business in, on or about the Original
Page 4 of 22
Premises and Relocated Premises in at least the minimum amounts with specification
amounts, as may be determined from time to time by LANDLORD, to prevail if greater than
minimum amount indicated. Notwithstanding any other provision of this Lease, TENANT
shall provide the minimum limits of liability coverage as follows:
Commercial General Liability $2,000,000 Aggregate
$2,000,000 Products Aggregate
$1,000,000 Any One Occurrence
$1,000,000 Personal Injury
$300,000 Fire Damage/Legal
TENANT shall also procure the following insurance coverage:
(i) "All risk" property insurance, including theft coverage, written at replacement cost value
and a replacement cost endorsement insuring TENANT'S improvements and betterments,
fixtures, furnishings, equipment and any other property belonging to TENANT.
(ii) Workers compensation coverage as required by the provisions of Florida statute.
Any management agreement used by TENANT must provide that the LANDLORD does not
have any liability whatsoever for any damage which may occur on the Original Premises or
Relocated Premises. The TENANT must provide the LANDLORD with a copy of any
management agreement used by TENANT regarding the Relocated Premises. LANDLORD
shall not be responsible for damage to any property belonging to TENANT or Tenant's
manager. TENANT completely indemnifies the LANDLORD with regard to any claims
made by any manager for any reason. From time to time during this Lease, at LANDLORD's
request, TENANT shall (i) procure, pay for and keep in full force and effect such other
insurance as LANDLORD shall require and (ii) increase the limits of such insurance as
LANDLORD may reasonably require.
Any general liability or other policy insuring the LANDLORD does not provide any
contributing or excess coverage for TENANT. The policies TENANT procures for
TENANT'S exposure are the only coverage available to TENANT.
Page 5 of 22
C.7.d
While the Facility, or any replacement thereof, is in the course of construction, and whenever
appropriate while any alterations or renovations are in the course of being made, the
aforesaid fire and extended coverage insurance shall be carried by Tenant in builder's risk
form written on a completed value basis.
TENANT shall furnish an original Certificate of Insurance indicating, and such policy
providing coverage, to LANDLORD named as "Additional Insured" on a PRIMARY and
NON CONTRIBUTORY basis utilizing an ISO standard endorsement at least as broad as CG
2010 (11/85) or its equivalent, INCLUDING A "Waiver of Subrogation" clause in favor of
LANDLORD on all policies. TENANT will maintain the General Liability coverage
summarized above with coverage continuing in full force including the "additional insured"
endorsement until at least 3 years beyond the termination of this Lease.
TENANT'S insurance policies shall be endorsed to give 30 days' written notice to
LANDLORD in the event of cancellation or material change, using form CG 02 24, or its
equivalent.
All policies of insurance required to be carried by TENANT pursuant to this Lease shall be
written by responsible insurance companies authorized to do business in Florida with an AM
Best rating of A -VI or better. Any such insurance required to be carried by TENANT
hereunder may be fiunished by TENANT under any blanket policy carried by it or under a
separate policy therefore. Certificates shall be delivered to LANDLORD prior to the
commencement of the Term of this Amended and Restated Lease Agreement and, upon
renewals, but not less than sixty (60) days prior to the expiration of such coverage. In the
event TENANT shall fail to procure such insurance, LANDLORD may, at its option, procure
the same for the account of TENANT, and the cost thereof shall be paid to LANDLORD as
an additional charge upon receipt by TENANT of bills therefore, together with an
administrative fee equal to fifteen (15 %) percent to cover the cost of the LANDLORD's
efforts to procure such policy.
Certificates of Insurance submitted to LANDLORD will not be accepted without copies of
the endorsements being requested. This includes additional insured endorsements,
Page 6 of 22
C.7.d
cancellation/material change notice endorsements, and waivers of subrogation. Copies of
USL&H Act and Jones Act endorsements will also be required if necessary.
Indemnification: Subject to 768.28, Florida Statutes, TENANT does hereby agree to
indemnify, defend, and save LANDLORD, its respective officers, directors, agents and
employees harmless from and against any and all liability for any injury to or death of any
person or persons or damage to property (including adjoining property for environmental
damage) in any way arising out of or connected with the conditions, use or occupancy of the
Original Premises and Relocated Premises, or in any way arising out of the activities of
TENANT, its agents, employees, licensees or invitees on the Original Premises and
Relocated Premises and/or the building, including reasonable attorney's fees and court costs
incurred by LANDLORD in connection therewith, such legal expenses to include costs
incurred in establishing the indemnification and other rights agreed to in this Paragraph,
excepting, however, only liability caused by LANDLORD's gross negligence in its failure to
perform any of LANDLORD's covenants, obligations or agreements of this Lease. Nothing
herein is intended to waive the sovereign immunity afforded to LANDLORD pursuant to
Florida law, including section 768.28, Florida Statutes.
The indemnification obligations under this Section shall not be restricted in any way by any
limitation on the amount or type of damages, compensation, or benefits payable by or for
TENANT under Workers' Compensation acts, disability benefits acts, or other employee
benefits acts, and shall extend to and include any actions brought by or in the name of any
employee of TENANT or of any third party to whom TENANT may subcontract work. This
indemnification shall continue beyond the date of termination of the Agreement.
7. ASSIGNMENT AND HYPOTHECATION This Lease is not
transferable or assignable, except as provided by Resolution of the Key West City
Commission, whose consent may be withheld for any reason or no reason. The
TENANT may not sublet the Relocated Premises or any part thereof. Any assignment,
even with the LANDLORD's consent, shall not relieve the TENANT from the obligation
to keep and be bound by the agreements of this Lease. The acceptance of Rent from any
other person shall not be deemed to be a waiver of any of the agreements of this Lease or
to be consent to the assignment for benefit of creditors or by operation of law and shall
Page 7 of 22
C.7.d
not be effective to transfer any rights to any assignee without prior consent of the
LANDLORD.
8. DEFAULT CLAUSE
A. It is covenanted and agreed by LANDLORD and TENANT that in
case at any time default shall be made in the payment of rent, or in case the TENANT
shall fail to keep the required insurance, or shall fail to spend insurance money, as herein
provided for, or if the TENANT shall fail to perform any of the covenants of this Lease,
including, but not limited to, the provisions pertaining to tenant improvements contained
in paragraph 9 herein below, then, in any of such events, TENANT shall be subject to
eviction pursuant to Chapter 83, Florida Statutes.
B. Or, the LANDLORD may have such other remedies as the law and
this instrument afford, and the TENANT covenants and agrees that upon the termination
of the demised term, at such election of the LANDLORD, or in any other way, the
TENANT will surrender and deliver up the Original Premises and Relocated Premises
and property (real and personal) peaceably to the LANDLORD, its agent, or attorneys,
immediately upon the termination of the demised term. If the TENANT, its agents,
attorneys, or tenants shall hold the Original Premises or Relocated Premises or any part
thereof, one (1) day after the same should be surrendered according to the terms of this
Lease, it shall be deemed guilty of forcible detainer of the Original Premises or Relocated
Premises under the applicable statute and shall be subject to eviction or removal, forcibly
or otherwise.
C. Where the alleged default consists of some alleged violation of any
term of this Lease, other than the payments of money, including rent and insurance
premiums, the LANDLORD may not declare this Lease in default until such violation
shall have continued for thirty (30) days after the LANDLORD shall have given the
TENANT written notice of such violation, and TENANT shall not have undertaken,
during this thirty (30) days' notice period, to cure said violation by vigorous and
affirmative action, provided, however, that nothing herein contained shall be construed as
precluding
the LANDLORD from having such remedy as may be and become necessary in order to
Page 8 of 22
C7d
preserve the LANDLORD'S right and interest of the LANDLORD in the Original
Premises and Relocated Premises and in this Lease, even before the expiration of the
grace or notice periods provided for in this paragraph, if, under particular circumstances
then existing, the allowance of such grace or the giving of such notice would prejudice or
endanger the rights and estate of the LANDLORD in this Lease and in the Original
Premises or Relocated Premises. With respect to the payment of the insurance premiums,
the same must be paid at least thirty (30) days prior to the time when the policies would
lapse for the failure to pay premiums thereon, and evidence of such payment given to the
LANDLORD without any written notice being required to be served upon the TENANT
in connection therewith.
D. All default and grace periods shall be deemed to run concurrently
and not consecutively.
E. It is mutually covenanted and agreed that the various rights,
powers, options, elections, privileges, and remedies of the LANDLORD contained in this
Lease shall be construed as cumulative and no one of them shall be construed as being
exclusive of the other or exclusive of any rights or priorities allowed by law.
F. It is further covenanted and agreed by and between the parties
hereto that the right given to the LANDLORD in this Lease to collect the rent that may
be due under the terms of this Lease by any proceeding under same, or the right to collect
any additional rent, money, or payments due under the terms of this Lease by any
proceedings under same, or the right given the LANDLORD to enforce any of the terms
and provisions of this Lease shall not in any way affect the right of such LANDLORD to
declare this Lease void and the terms ended hereby, as herein provided, when default is
made in the payment of rent or when default is made by the TENANT in any of the terms
and provisions of this Lease.
G. If at any time, by reason of the failure of the TENANT to keep and
perform any covenant or agreement which, under the terms of this Lease, the TENANT is
bound and obligated to keep and perform, it becomes necessary for the LANDLORD to
employ an attorney to protect the rights and interests of the LANDLORD in the Original
Premises or Relocated Premises or to enforce the Lease or proceed under it in any
Page 9 of 22
Particular manner, then in any of such events, the TENANT will owe and will pay unto
the LANDLORD all costs of Court and reasonable attorney's fees incurred or expended
by the LANDLORD in taking such actions, including actions taken in all trial and
appellate courts.
9. TENANT U"ROVEMENTS: TENANT agrees to develop and
construct an animal control facility and animal shelter (the "Facility ") on the Relocated
Premises at TENANT'S sole cost and expense and in accordance with all existing
permits, restrictions and any other land use requirements including, but not limited to, the
Solid Waste Closure Permit attached hereto as Exhibit "C" and incorporated by
reference, and the Ground Water Permit attached hereto as Exhibit "D" and incorporated
by reference. Building plans and specifications for the Facility must be approved by the
LANDLORD and be in compliance with sustainable standards for government buildings
as determined by the Florida Green Building Council. TENANT shall pay all fees
applicable to development of the Facility, including, but not limited to, impact fees and
permit fees. TENANT agrees that the site plan will be designed to provide an acceptable
sound buffer from the adjoining school. TENANT shall not place structures or other
improvements in that portion of Parcel F labelled "asphalt" and "dirt road" or the parcel
identified as parcel "A" on the survey attached hereto and more particularly described as
Exhibit "E ".
TENANT shall submit an application for development plan approval of the Facility
within 8 months of the approval of this Amended and Restated Lease Agreement.
Thereafter, TENANT shall secure issuance of a Planning Board resolution concerning
TENANT'S development plan within 150 days following submission of the application
for development plan approval. Thereafter, TENANT shall secure issuance of a City
Commission resolution concerning TENANT'S development plan within 60 days
following the Planning Board's action on the development plan. Thereafter, TENANT
shall submit an application for building permits for construction of the improvements
authorized under the development plan within 180 days of the effective date of the
development plan approval. ( "Effective date of development plan approval" is the date
Page 10 of 22
of any appeal or DEO challenge to development plan approval is finally determined, and
if no such appeal or challenge is filed, 60 days following the rendition of the Commission
resolution granting development plan approval). Thereafter, TENANT shall secure
issuance of a building permit for construction of the improvements within 90 days after
the building permit application is deemed complete by the chief building official.
Thereafter, TENANT shall secure the issuance of a certificate of occupancy within 365
days of the issuance of the building permit.
Before a building permit will be issued as set forth above, the TENANT shall provide a
performance guarantee. The TENANT shall warrant that it has the financial capability to
construct and complete the project/the Facility as planned without the need to request
further funding. TENANT shall confirm in writing (in the form of bank statements, a
signed letter from the bank stating that funds are in the bank for the specified project,
documentation provided by a financial institution of a line of credit assigned to the
construction of The Facility, and/or a line item budget for the construction and
completion of the Facility approved by the Board of County Commissioners of Monroe
County that TENANT has the funds in place at the time of issuance of the building
permit such to be in a position to construct and complete the Facility.
TENANT shall be permitted to occupy the Original Premises for the period ending 90
days from the completion of the construction of the Facility and receipt of a certificate of
occupancy. Thereafter, TENANT shall remove all improvements located on the Original
Premises and remediate all environmental contamination on the Original Premises within
180 days of vacating the Original Premises. TENANT shall be solely responsible for all
costs and expenses associated with the demolition and removal of the existing
improvements including, but not limited to, remediation of any environmental
contamination.
10. TENANT'S DUTY TO KEEP PREMISES IN GOOD REPAIR
The TENANT covenants and agrees with the LANDLORD that while TENANT
occupies the Original Premises during the term of this Amended and Restated Lease
Agreement, the TENANT will keep in good state of repair, the Original Premises, the
Page 11 of 22
C.
HVAC equipment, and the fixtures serving the Original Premises, and all furnishings
brought or placed upon the Original Premises by the TENANT; nor will the TENANT
suffer or permit any strip, waste, or neglect of any such property to be committed; and the
TENANT will repair, replace, and re-construct the property as often as it may be
necessary in order to keep the property in good repair and condition, at TENANT'S sole
cost and expense. Tenant shall only utilize licensed contractors and shall apply for all
permits, as required, to complete the necessary repairs. The TENANT covenants and
agrees with the LANDLORD that while TENANT occupies the Relocated Premises
during the term of this Amended and Restated Lease Agreement, the TENANT will keep
in good state of repair, the Relocated Premises, the HVAC equipment, and the fixtures
serving the Relocated Premises, and all furnishings brought or placed upon the Relocated
Premises by the TENANT; nor will the TENANT suffer or permit any strip, waste, or
neglect of any such property to be committed; and the TENANT will repair, replace, and
re- construct the property as often as it may be necessary in order to keep the property in
good repair and condition, at TENANT'S sole cost and expense. Tenant shall only utilize
licensed contractors and shall apply for all permits, as required, to complete the necessary
repairs.
11. ADDITIONAL COVENANTS OF THE TENANT
A. The TENANT shall pay for all utilities associated with the use of
the Original Premises and Relocated Premises including, but not limited to, water,
electricity, sewer gas and solid waste. In the event that a separate bill for the Original
Premises or Relocated Premises is not available for one or more of the utility services
required by the Original Premises or Relocated Premises, then the TENANT shall pay a
pro -rated share of that particular utility based on the square footage of the Original
Premises or Relocated Premises and/or the parties' estimated usage of that particular
utility, calculation of which to be mutually agreed upon.
B. The TENANT covenants and agrees with the LANDLORD that no
damage or destruction to any building or improvement by fire, windstorm, or any other
casualty shall be deemed to entitle the TENANT to surrender possession of the Original
Premises or Relocated Premises or to terminate this Lease or to violate any of its
Page 12 of 22
C.7.d
provisions or to cause any abatement or rebate in the rent then due or thereafter becoming
due under the terms hereof, unless otherwise specifically provided for herein. If the
Lease is canceled for the TENANT'S default at any time while there remains outstanding
any obligation from any insurance company to pay for the damage or any part thereof,
then the claim against the insurance company shall, upon the cancellation of the Lease, be
deemed immediately to become absolute and unconditional property of the LANDLORD.
In the event of destruction of the Premises by casualty or hazard, the LANDLORD will
have the option of canceling the Lease.
C. The TENANT covenants and agrees with the LANDLORD that
nothing in this Lease shall ever be construed as empowering the TENANT to encumber
or cause the TENANT to encumber the title or interest of the LANDLORD.
D. The TENANT covenants and agrees with the LANDLORD that, at
the termination of this Lease, the TENANT will peaceably and quietly deliver unto the
LANDLORD, possession of the Original Premises and Relocated Premises and all
improvements located thereon, as well as all fixtures thereto provided by LANDLORD.
TENANT shall retain ownership and possession of all fixtures, equipment, and other
tangible personal property located thereto provided by TENANT or its agents..
E. The TENANT agrees not to make any changes or alterations to the
Original Premises without written approval of the LANDLORD.
12. LANDLORD'S RIGHT OF ENTRY The LANDLORD or its agents
shall have the right to enter upon the Original Premises and Relocated Premises at all
reasonable times to examine the condition and use thereof, provided only that such right
shall be exercised in such manner as not to interfere with the TENANT in the conduct of
the TENANT's business on the Original Premises or Relocated Premises.
13. FIXTURES, EQUIPMENT AND SIGNS, AND OTHER TANGIBLE
PERSONAL PROPERTY All fixtures, equipment, signs, and other tangible personal
property used on the Original Premises and Relocated Premises by the TENANT but
Page 13 of 22
provided by the LANDLORD will at all times be and remain the property of the
LANDLORD. All fixtures, equipment signs and other tangible personal property used on
the Original Premises and Relocated Premises by the TENANT and provided by the
TENANT, or its agents, will at all times be and remain the property of the TENANT, or it
agents. Provided that this Lease is in good standing, the TENANT will have the right to
remove any equipment, fixtures signs or other tangible personal property provided by the
TENANT, or any part thereof, from the Original Premises and Relocated Premises
during the term of this Lease, at the expiration thereof, or within a reasonable time
thereafter; provided, however, that the TENANT, in so doing, does not cause any
irreparable damage to the Original Premises and Relocated Premises; and provided
further, that the TENANT shall pay or reimburse the LANDLORD for the reasonable
expense of repairing damage caused by such removal.
14. ACCEPTANCE IN AS-IS CONDITION The TENANT accepts the
Original Premises and Relocated Premises in an as -is condition and all improvements and
additions shall be at the sole expense of the TENANT.
15. NO MECHANIC'S LIENS It is hereby covenanted, stipulated and
agreed by and between the parties hereto that there shall, during the demised term, be no
mechanic's liens upon any buildings or improvements that may at any time be put upon
the Original Premises or Relocated Premises, and that in case of any mechanic's liens the
TENANT must pay off the same; and that if default in payment thereof shall continue for
thirty (30) days after written notice, LANDLORD shall have the right and privilege, at its
option, to pay off the same or any portion of the same, and the amount so paid, including
expenses, shall at the option of the LANDLORD, be so much additional rent due from
the TENANT at the next rent due after such payment, with interest thereon at the
maximum rate allowed by law. Nothing herein shall be construed to admit that a
mechanic's lien may be enforced against municipal property.
16. MISCELLANEOUS PROVISIONS It is mutually covenanted and
agreed by and between the parties as follows:
Page 14 of 22
C.7.d
A That no waiver or a breach of any of the covenants in this Lease
contained shall be construed to be a waiver of all succeeding breach of the same
covenant.
B. That time is of the essence in every particular and particularly
where the obligation to pay money is involved.
C. That all arrearages in the payment of rent or in the repayment to
the LANDLORD of any sums which the LANDLORD may have paid in order to cure a
default of the TENANT (as elsewhere herein provided for), shall bear interest from the
date when due and payable at the highest rate permitted by law until paid.
D. That no modification, release, discharge, or waiver of any
provision hereof shall be of any force, effect, or value unless in writing and signed by the
persons who are then LANDLORD and TENANT.
E. That all covenants, promises, conditions, and obligations contained
herein or implied by law, or covenants running with the land, shall attach to and be
binding upon the heirs, executors, administrators, successors, legal representatives, and
assigns of each of the parties to this Lease.
F. That this instrument contains the entire agreement between the
parties as of this date, and that the execution hereof has not been induced by either of the
parties by representations, promises or understandings not expressed herein, and that
there are not collateral agreements, stipulations, promises, or understandings whatsoever
between the representative parties in any way touching the subject matter of this
instrument which are not expressly contained in this instrument.
G. That when either of the parties desire to give notice to the other or
others in connection with and according to the terms of this Lease, such notice shall be
deemed given when it shall have been deposited in the U.S. Registered or Certified mail
with sufficient postage pre -paid thereon to carry it to its addressed destination. The
notice shall be addressed as follows:
If to Tenant: County Administrator
Monroe County
Historic Gato Building
1100 Simonton Street
Key West, Florida 33040
Page 15 of 22
C.
With a copy to: Monroe County Attorney's Office
P.O. Box 1026
Key West, Florida 33041 -1026
If to Landlord: City Manager
P.O. Box 1409
Key West, Florida 33041
With a copy to: City Attorney
P.O. Box 1409
Key West, Florida 33041
When the parties on either side (LANDLORD or TENANT) consist of more than
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one person, notice or default by one of the persons on that side shall constitute notice or '
default by all of the persons on that side.
H. This Lease and the provisions thereof shall be governed by and
construed and enforced in accordance with the laws of the State of Florida; venue for any
action regarding this Lease shall be in Monroe County, Florida. oil
IN WITNESS WHEREOF, the parties hereto have caused the foregoing Amended and
Restated Lease Agreement to be executed on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
THE CITY OF KEY WEST, FLORIDA
BY:
CraiiCatig, Mayor
Page 17 of 22
Exhibit " A "
Original Premises
Page 18 of 22
C.
888IBIT A
From the intersection of the centerline of the south land of
U.S. Highway No. 1 and the easterly abutment of the Cow Key
Channel Bridge go North 71 Degrees 19 Minutes East a distance of
300 feet to a point of intersection with the approximate
centerline of County Club Road; thence along said approximate
centerline North 19 degrees 51 Minutes West a distance of 330
feet to Point #1; thence North 39 Degrees 18 Minutes West a
distance of 300 feet to Point #2; thence North 30 Degrees 29
Minutes West a distance of 265 feet to Point #3; thence North 03
Degrees 13 Minutes West a distance of 152 feet of Point #4;
thence North 20 Degrees 08 Minutes East a distance of 600 feet
to Point #5; thence South 69 Degrees 52 Minutes East, 28.8 feet
to the Point of Beginning of the parcel of land herein
described; thence continue South 69 Degrees 52 Minutes East,
along a cyclone fence, 145.7 feet to a point; thence South 30
Degrees 08 Minutes West, along a cyclone fence, 19.1 feet to a
point; thence North 83 Degrees 08 Minutes West, along a cyclone
fence, 36.7 feet, to a point; thence South 20 Degrees 08 Minutes
West, along a cyclone fence, 120.1 feet to a point; thence North
69 Degrees 52 Minutes West, along a cyclone fence, 119.4 feet to
a point; thence Northeasterly, along a cyclone fence, 149.2 feet
back to the Point of Beginning, that excepting from any land
described herein, the building or trailer currently occupied by
Billie Cheek, which property shall not be included in this lease
agreement.
Exhibit B
Relocated Premises
Page 19 of 22
LEGAL DESCRIPTION
PARCEL F
A parcel of land on and adjacent to Stock Island, Monroe County, Florida: said
parcel being a part of the lands described in TIIF Deed No. 19699 (Deed Book
G -52 at Page 32 of the Public Records of the said County, TIIF Deed No. 23257
,
(Official Record Book 269 at Page 5 I'6 of the said Public Records) and TIIF Deed
No. 24067 (Official Record Book 355 at Page 32 of the said Public Records; the
said parcel of land bring entirely within the composite of the said TIIF Deeds referred
to above: the said parcel hung within 5ections 26 and 27, Township 67 South,
Range 25 East; and the said parcel of land being described by metes and bounds as
CL
follows: COMMENCE at the intersection of the easterly right- of-way line of Junior
College Road with the northerly right -of -way line of U.S. Highway # I (state Road
#5); thence N 18 °41' 18" W for 36.16 feet to a point of curvature of a curve
concave to the 5outhwest; thence northwesterly on the arc of said curve having a
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radius of 265.00 feet and a central angle of 35 *OGW for 1 62.34 feet to a point
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of tangency; thence N53 °47' 18" W for 272.56 feet to the point of curvature of a
curve concave to the Northeast; thence northwesterly on the arc of said curve
having a radius of 361.02 feet and a central angle of 14° 25' 40" for 90.91 feet to
a point of tangency; thence N39 °21'38" W for 273.51 feet to the point of
curvature of a curve concave to the Northeast; thence northwesterly on and
northeasterly on the arc of said curve having a radius of 446.85 feet and a central
angle of 62 °35'30" for 488.15 feet to a point of tangency; thence N23 E
for 1 122.43 feet; thence N45 °30'07" E for 276.04 feet to a point of curvature of
a curve concave to the Northwest; thence northeasterly on the arc of said curve
having a radius of 3686.55 feet and a central angle of 3 °4331 " for a distance of
239.69 feet; thence N4 I °4G'3G" E for a distance of 435.66 feet; thence
N48° 13'24" W for a distance of 15.00 feet; thence N4 I °46'36" E for a distance of
253.63 feet to the POINT OF BEGINNING; thence N48 13'24" W for a distance of
206.71 feet; thence N36 °55'00" E for a distance of 251.34 feet; thence
527 °37'00" E for a distance of 243.58 feet; thence 54 l °4636" W for a distance
of l G4.71 feet back to the POINT OF BEGINNING. Described tract contains 1.02
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acres MORE OR LE55.
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F C.7.d
Exhibit C
Solid Waste Closure Permit
Page 20 of 22
C.7.d
April 18, 2011
Florida Department of
Environmental Protection
South District
P.O. Box 2549
APPENDIX 10
FDEP Concurrence Letter
Rick Scott
Governor
Fort Myers, FL 33902 -2549
Jennifer Carroll
Lt. Governor
Herschel T. Vinyard Jr.
Secretary
City of Key west
c/o Jay Gewin, Utilities Manager
E- mailed to: jgewin ®keywestcity.com
525 Angela Street
Key West, Florida 33040
Subject: Site Assessment Flan Ayyroval
FDEP Facility ID: WACS 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 (HZAR), submitted for the former Southernmost Waste-to-
Energy Facility on behalf of the City of Key West, and prepared by CH21N1 Hill,
dated April 1, 2011; along with supplemental information stored in the Florida
Department of Environmental Protection (the Department) OCULUS system for
the Facility ID: WAGS 79636.
The Department recommends that 2 (two) additional monitoring wells be added
to the groundwater monitoring plan and placed outside the footprint of the ash
transfer building on the the North West and South East side's as indicated on the
attached drawing (Attachment 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
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
City of Key West
FDEP Facility ID: WAGS 79636
April 18, 2011
Page 2 of 2
Stock Island. Pursuant to paragraph 62- 780.600, F.A.C, The Department
approves the IItAR subject to the addition of the recommended groundwater
monitoring wells and additional parameters.
Groundwater monitoring at this site shall continue for an indefinite period of
time, however, should the City of Key West desire to achieve final closure for the
site at some future date and pursue a No Further Action (NFA) in accordance
with Chapters 62-780.690 and 62-780.700, F.A.C., a subsequent phase of remedial
design will be necessary.
If you have any question, please feel free to call me at (239) 344 -5658. Whenever
possible, please submit written documentation to k=.harcourt®dW.state.fl.us
and include the WAGS ID number in your correspondence.
Sincerely,
James Harcourt, P.G. II
Florida Department of
Environmental Protection
South District, Waste Management
Attachment
cc: R. J. Bruner III, P.E. CH2M Hill (via e-mail to bo.bruner ®ch2m.com)
Bill Krumbholz (via e-mail to bill.krumbholz ®dep.state.fl.us)
Barbara Nevins (via e-mail to barbara.nevins@d2R.state.fl.us)
C.7.d
Attachment I
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Exhibit D
Ground Water Permit
Page 21 of 22
C.
April 18, 2011
Florida Department of
Environmental Protection
South District
P.O. Box 2549
Fort Myers, FL 33902 -2549
City of Key West
c/o Jay Gewin,, Utilities Manager
&mailed to: iggwin@key&estciiy.com
525 Angela Street
Key West, Florida 33040
Subject Site Assessment Plan Approval
FDEP Facility ID: WAGS 79636
Former Southernmost Waste -ho- Energy Facility
5701 College Road
Key West; Florida, Monroe County
Dear Mr. Gewin
APPENDIX 10
FDEP Concurrence Letter
Rick Scott
Governor
Jennifer Carroll
Li. Governor
Herschel T. Vinyard Jr.
Secretary
The Waste Management Section has reviewed the Interim Remedial Action
Report document ORAR), submitted for the former Southernmost Waste -to-
Energy Facility on behalf of the City of Key West, and prepared by CH2M Hill,
dated April 1, 2011; along with supplemental information stored in the Florida
Department of Environmental Protection (the Department) OCULUS system for
the Facility ID: WACS 79636.
The Department recommends that 2 (two) additional monitoring wells be added
to the groundwater monitoring plan and placed outside the footprint of the ash
transfer building on the the North West and South Fast side's as indicated on the
attached drawing (Attachment n and that Thallium and Arochlor (PCB) be
added to the list of monitoring parameters.
With the inclusion of the above recommended additional monitormg wells and
parameters, the Department finds that the documents submitted are adequate to
meet the site assessment requirements of Rule 62- 780.600 Florida Administrative
Code (F.A.C.). The Department has determined that the actions proposed in this
MAR represent a reasonable strategy toward accomplishing the site assessment
objectives of Chapter 62 -780, F.A.C. and are compatible with the City's intended
future use, which include plans to relocate their existing downtown Key West
Department of Transportation bus maintenance building and facilities (Transit
Facility) to the Southernmost Waste- to-Energy PVM Facility site located at
City of Key West
FDEP Facility ID: WAGS 79636
April 18, 2011
Page 2 of 2
Stock Island. Pursuant to paragraph 62- 780.600, F.A.C., The Department
approves the UO3 subject to the addition of the recommended groundwater
monitoring wells and additional parameters.
Groundwater monitoring at this site shall continue for an indefinite period of
time, however, should the City of Key West desire to achieve final closure for the
site at some future date and pursue a No Further Action (NFA) in accordance
with Chapters 62- 780.690 and 62- 780.700, F.A.C-, a subsequent phase of remedial
design will be necessary.
If you have any question, please feel free to call me at (239) 3444648. Whenever
possible, please submit written documentation to jarnes.harcourt@det).state.fl.us CD
and 'include the WAGS ID number in your correspondence. '
Sincerely,
James Harcourt, P.G. II
Florida Department of
Environmental Protection
South District, Waste Management
Attachment
cc: R J. Bruner III, P.E. CH2M Hill (via e-mail to bo.bruner®ch2nn.com)
Bill Krumbholz (via e-mail to biD.krunnbholz®dep.state.fl.us)
Barbara Nevins (via e-mail to barbara.nevirs@dep.state.fl.us)
Attachment I
IRA
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C.7.d
APPENDIX 11
Environmental
Resource Permit
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
ENVIRONMENTAL RESOURCE
STANDARD GENERAL PERMIT NO. 44-00076-S
DATE ISSUED:August 23, 2010
PERMITTEE: CITY OF KEY WEST
604 SIMONTON STREET
KEY WEST, FL 33040
PROJECT DESCRIPTION: ModEcation of Permit No. 44- 00076 -5 for the construction and operation of a
surface water management system to serve a 3AG acre municipal development
known as the City of Key West Public Transportation Facility.
PROJECT LOCATION: MONROE COUNTY, SEC 27 TWP 67S RGE 25E
PERMIT DURATION: See Special Condition No:1. See attached Rule 40E4.321, Florida Administrative
Code.
TNe A to nobly you of go Dlsh*ft -go q sermon conowM9 Nana of anent for PemYl AppNatlon No. 090617 -e, dated June 17, 2009.
This aclon Is taken pursustq to Rde 40E -1.603 and Chapter 40E40. Florlde Adminlabo n Code (FAC.).
6sesd on the infomratlon provided, obklet n9es have been adhered to and an Envirawn•MN Rom roe General Permit Is In eBact for this
pr*w *&"ad to:
1. Not raalvlo9 a Mod request for a Chapter 120, Florida Salutes. administralivs hearing.
2. On attached 19 General CondOlone (See pages: 2 - 4 of 6).
3. the attached 14 special Cond1fons (See Pages: 6 - 6 or 6) and
4. Ohs agadhed 2 8 NWs)
Should you object to then comOkwK. please refer to the auachsd 'NWCM of Rights' which addresses the procedures to be followed N you
desire a pub lc hewkv or other review of On Proposed epartey ac0on. Planes eR -- this 01110 A you have any puesum oono n tit phis
muter. if we do not hoer from you In woordence with the 'Nofte of Ri9Ma,' wa will assume Otal you r.9r our with to DkbWs Wk .
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a 'Notice of Rights' has been mailed to the Permitlee (and the persons listed in the
attached distribution Net) no later than 5:00 p.m. on this 23rd day of August, 2010, In accordance with Section
120.60%, Florida S ut
BY: /d!
Anita
Director - Environmental Resource Permitting Division
Palm Beach Service Center
Certified mail number 7009 2250 0003 1260 9165
Page 1 of 6
N
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Packet Pg. 419
Appkelon No.: 080817-0
Page 2 di
GENERAL CONDITIONS
�. Al activities authorized by this permit shall be Implemented as set forth in the plans, specifications and
performance witeria 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 shall
be kept at the work site of the permitted activity. The complete perrrdt shall be available for review at the
work site upon request by District staff. The premitbse shall require the contractor to review the complete
permit prior to commencement of the activly authorized by this penrdL
3. Activlttes approved by this permit shall be conducted in a manner which does not cause violations of State
water quality standards. The permittee shall implement 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 conb measures shall be completed within
7 days of any construction activity. Turbidity barriers shall be Installed and rmaWdalned at all locations
where the possibility of transferring suspended solids into the reoeiving waterbody exists due to the
permitted work. Turbidity barriers shall remain in place at all locations until constriction Is completed and
sole are stabilized and vegetation has been established. Al practices shall be in accordance with the
guidelines and specifications described in Chapter 6 of the Florida Land Development Manuel; A Guide to
Sound Land and Water Management (Department of FnvironmentaI Regulation, 1988), incorporated by
_ reference in Rule 40E- 4.091, FAC. unless a prvjectiosctlic erosion and sediment coi*d 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 permittes shall notify the District of the anticipated construction start date within 30 days of the date
that this permit is Issued. At least 48 hours prior to commencement of activity authorized by this permit.
the permittee shall submit to the District an Environmental Resource Permit Construction Commencement
Notice Forth Number 0860 indkxdfng the actual start date and the expected cons Uuctlon completion date.
S. When the duration of construction will exceed one year, the perrnittee 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.
6. Within 30 days after completion of construction of the permitted activity, the pem hw 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 Parml Construction
Completion/Certifioadon Form Number 0881A. or Environmental Resource/Surface Water Management
Permit Construction Completion Certification - For Projects Permitted prior to October 3, 1995 Form No.
08818, incorporated by reference In Rude 40E- 1.659, FAC. The statement of completion and
cerdficalliOn shall be based on onsite observation of construction or review of as -built drawings for the
purpose of determining if the work was completed In compliance with permitted plans and specifications.
This submMal shall serve to notify the District that the system is ready for inspection. Additionally, If
deviation from the approved drawings are discovered during the cerfiiicsdon process, the certification must
be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and
revised specifications rust be dearly shown. The plans must be dearly labeled as "as -bullr 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: until the permittee has complied with the
requirements of condition (6) above, and submitted a request for conversion of Environmental Resource
Permit from Construction Phase to Operation Please, Form No. 0920; the District determines the system to
be in compliance with the permitted plans 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
AppicaBon No.: 090617.6
Papa 3 d 6
GENERAL CONDITIONS
Applications within the South Florida Water Management District. accepts responsibility for operation and
maintenance of the system. The permit shall not be transferred to such approved operation and
maintenance entity until the operation phase of the perm ft becomes effective. Following Inspection and
approval of the permitted system by the District, the permittee shill inilfete transfer of the permit to the
approved responsible operating entity If different from the permittee. Until the permit is transferred
pursuant to Section 40E-1.6107, F.A.C., the permittee shall be liable for corrrpGanos with the terns of the
Permit.
S. Each phase or independent portion of the permitted system must be completed in accordance with the
-` permitted plans and permit conditigns prior to the Initiation of the permitted use of site infrastructure
located within the area served by that potion or phase of the system. Each phase or independart portion
of the system must be completed in accordance with the permitted plans and permit conditions prior to
transfer of nesponsibIllity for operation and maintenance of the phase or portion of the system to a bush
government or other responsible entity.
9. For those systems that will be operated or maintained by an entity that will require an easement or deed
restriction in order to enable that entity to operate or maintain the system in conformance with this permit,
such essenrent 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 wiYmbm the South Florida Water
Management District. prior to lot or units sales or prior to the completion of the system, whichever comes
first. Other documents concerning the establishment and authority of the operating entity must be filed
' with the Secretary of State, county or municipal entities. Final operation and maintenance documents must
be received by the District when maintenance and operation of the system Is accepted by the local
government entity. Failure to submit the appropriate final documents will result in the perrndttee remaining
Noble for carrying out maintenance and operation of the permtted system and any other permit conditions.
10. Should any other regulatory agency require changes to the permitted system, the permittee shalt notify the
District In writing of the changes prior to implementation so that a determination can be made whether a
permit modification is required.
11. This permit does not eliminate the necessity to obtain any required federal, state. local and special district
auUrorizations prior to the start of any activity approved by this permit. This permit does not convey to the
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 whktm is not owned or controlled by the pennitiee, or cormy
any rights or privileges other than those specified In the permit and Chapter 40E-4 or Chapter 40E -40.
F.A.C..
12. The permittee Is hereby advised that Section 253.77, F.S. states that a person may not commence any
excavation, construction, or other activity involving the use of sovereign or other lends of the State, the title
to which is vested in the Board of Trustees of the Internal ImprovemeM Trust Fund without obtaining the
required lease. license. easement, or other form of consent autthorizing the proposed use. Therefore, the
permitter is responsible for obtaining any necessary authorizations from lire Board of Trustees prior to
commencing activity on sovereignty lands or other state-owned lands.
13. The parrrdttee must obtain a Water Use permit prior to construction dswatering, unless the work qualifies
for a general permit pursuant to Subsection 40E- 20.302(3), F.A.C., also known as the Wo Notice Rule.
14. The parmittee shall hold and save the District harmless from any and all damages. claims, or liabilities
which may arlse by reason of the construction, alteration, operation, maintenance. removal, abandonment
or use of any system authorized by the porn&
15. Any delineation of the extent of a wetland or other surface water submitted as part of the pert*
C.7.d
AppYeauon No.: 090e17 -e
Peye 4 ate
GENERAL CONDITIONS
application, including plans or other supporting documentation, shell not be considered binding, unless a
specific condition of this permit or a formal determination under Section 373.421(2), F.S.. provides
otherwise.
16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other monster of
ownership or control of a permitted system or the reel property on which the permitted system Is located.
All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E- 1.6105
and 40E- 1.6107, FAC.. The permittee transferring the permit shag remain ilable 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 permitter. District authorized staff with proper Identification shall have
permission to enter. inspect. sample and test the system to Insure conformity with the plans and
specifications approved by the permit.
16. M historical or srchaeofogic al artifacts are discovered at any time on the project site, the permittee shag
immediately notify the appropriate District service center.
' 19. The permittee shall Immediately notify the District In writing of any previously submitted Information that Is
later discovered to be Irrecauate.
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C.7.d
e i AaaGmroe No.: OKS17-0
Pop 5 are
SPECIAL CONDITIONS
1 • The construction phase or this permit shall sore on August 23, 2015.
2. Operation of the surface water management system shall be the responsibility of the permittee.
3. Discharge Facilities:
1-2'W X 2' L drop Inlet with crest at elev. 5.65' NGVD 29.
12' dia. drop Inlet with crest at elev. T NGVD 29.
Receiving body: Groundwater Table
Control slev : 2.5 feet NGVD 29./2.5 FEET NGVD 29 DRY SEASON.
4. The permittee shall be responsible for the correction of any erosion, shooting or water quality problems
that result from the construction or operation of the surface water management system.
S. Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do not
occur in the receiving water.
e. The District reserves the right to require that additional water quality treatment methods be Incorporated
Into to drainage system if such measures are shown to be necessary.
7- Facilities other than those stated herein shah not be constructed without an approved modification of this
per"A
S. A stable, pemnsnent and accessible elevation reference shall be established on or within one hundred
(100) feet of all permitted discharge atructutes 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 pem **o shall provide routine maintenance of all of the components of the surface water
management system in order to remove all trapped sedimentsidebris. Al materials shah 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 tools or metal implements, dugout
canoes, or any other physical remains that could be associated with Native American cultures, or early
colonial or American settlement are encountered at any time within the project site area, the permitted
project should we all activities invoMng subsurface disturbance M the Immedtiat* vicinity of such
dlsooveriss. The permittee, or other designee, should contact the Florida Department of State, Division of
Historical Resources, Review and Compliance Section at (850) 245.83M or (800) 847 -7278, as well as
the appropriate permitting agency office. Project activities should not resume without verbal and/or written
authorization from the Division of Historical Resources. In the event that unmarked human rernains are
encountered during permitted activities, all work shall stop immediately and the proper auUorltles notified
in accordance with Section 872.05, Florida Statutes.
11- The pwmlttee acknowledges Ural, pursuant to Rule 40E- 4.101(2), FAC., a notice of Environmental
Resource or Surface Water Management Permit may be recorded in the county public records. Pursuant
to the specific language of the rule, this notice shall not be considered an encumbrance upon the
Property.
12• Minimum building floor elevation: 12.0 Feet NGVD
13. Slit fence shah be utilized during constnxxionand shell be installed and properly '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 surface waters.
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14. The permittee shall install a chain link fence around the entire perimeter of the project site, which will
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Appkebw No.: 090617.8
Pops 8 of e
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 shell be maintained in perpetuity.
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SURFACE WATER MANAGEMENT CHAPTER 40E4 (4/94)
40E -4.321 Duration of Permits
=�
(1) Unless revoked or otherwise modified pursuant to Rules 40E - 4.331 and 40E 4.441,
'a
FA.C., the duration of a surface water management permit issued under this chapter Is as follows:
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(a) Two years from the date of issuance for Conceptual 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 fled, then the Conc:epkw- Approval remains valid
until final aciton is taken on the application. if the application is granted, then the Conceptual Approval•is
vald for an additional two years from the date of issuance of the construction and operation permit.
EL
Conceptual Approvals which have no applications for construction and operation filed for a period of two
years Vol expire automatically.
(b) Five years from the date of issuance for a constnxtfon permit.
(c) Perpetual for an operation permit.
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(2) The Governing Board shat issue permit extensions provided that a perrlittea flies a
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written request wilt the District showing good cause. For the purpose of this rule, good cause shall mean
a set of extenualing circumstances outside of the control of the parmittse. Requests for extensions,
which shall Include documentation of the extenuating circumstances and hoar Ihey have delayed this
project, will not be accepted more than 100 days prior to the expirallon date.
(3) For a Conceptual Approval filed concurrently with a development of regional impact (DRI)
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applkation for development approval (ADA) and a local government comprehensive amendment, the
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duration of the Conceptual Approval shall be two years from whichever one of the fotiowi v occurs at the
,
latest dati:
(a) the effective date of the local government's comprehensive plan amendment,
(b) the oHactve date of tie local government development order, or
1c) tite date on which the distri0t issues the Conceptual Approval. or
(d) t1e latest date of the resolution of any Chapter 120 or other legal appeals.
(4) Substantial modifications to Conceptual Approvals will extend the duration of-the
Conceptual Approval for two years from the date of Issuance of the modification: For the purposed of this
section, the term 'substantial modificatkuY shall mean a mo*icadon which Is rtasdnably expected to
lead to SubstentW different water resource or environmental Impacts which retltdre a detailed review.
• (b) Modifications to construoliort pertrtRs Issued pursuant to a formal permit application
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extend thi duration of the permit for three years from the date of Issuance of tie modification.
Construction penMl modifications do not extend the duration of a Conceptual Approval.
(b) Permit modifications Issued pursuant to subsection 40E•4.331(2)(b), FA.C. (lettar
modifications) do not extend the duration of a perr4L _
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Spa61c rwt W* 379.044, 373.119 F.S, Low N om"ted 373.413.373.4 16(l) F.S.16sb Now 9.3.81, Amrrdad 1. 3142,12 -1-
82, FOMViy 161WA7f4), AMr4W 7.1416, 4ftU.
Packet Pg. 425
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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 not Intended to provide legal advice.
Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish lo
consult an attorney regarding your legal rights.
RIGHT TO REQUEST ADMIISSTRATIYE HEAR=
A person whose substantial interests are or may be affected by the South Florida Water Management
District's ( SFWMD or DisMcQ action has the right to request an administrative hearing on that action
pursuant to Sections 120.569 and 120.57, Fla. Stat Persons seeking a hearing on a District decision
which does or may determine thetr substantial interests shall file a petition for hearing with the District Clerk
within 21 days of receipt of writieen notice of the decision, unless one of the following shorter time periods
apply: 1) wIWn 14 days of fire notice of consolidated Intent iD grant or deny concurrently reviewed
applications for environmental resource pemulls and use of sovereign submerged lands pursuant to Section
373.427, Fla. Stat.; or 2) within 14 days of service of an Administrative Order pursuant to Subsection
!i 373.119(1), Fla Stat lRecelpt of written 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
pubn 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 wren request for hearing within the timefrone
described above waives the right to request a hewing on that decision.
Flung Inatrudlons
The Petition must be filed with the Office of the District Clerk of the SFWMD. Flings with the District Clerk
may be made by mail, hand - delivery or facsimile. Filings by a -mail will not be accepted. Any person
wishing to receive a clerked copy with the date and time stamped must provide an additional copy. A
petition for administrative hearing is deemed filed upon receipt during normal business hours by the District
Clerk at SFWMD headquarters In West Palm Beach, Florida. Any document received by the office of the
SFWMD Clerk attar 5:00 p.m. shall be filed as of 8:00 a.m. on the need regular business day. Additional
filing instructions are as follows;
• Filings by mall must be addressed to the Office of the SFWMD Clerk, P.O. Box 24660, West Palm
Beach, Florida 33416.
• Flings by hand4e6vegr must be delivered to the Offioe of the SFWMD Clerk. Deflvery of a
petition to the SFYWND's security desk does not conoftft filing. To ensure proper fang, it
wilt be necesewy to request the SFiI Kit severity officer to crontact the Clerk's Mks. An
employee of the SFWMD's Clerk's office will receive and file the petition.
• Frogs by facsimile must be transmitted to the SFWMD Clerk's Office at (561) 682.6010. Pursuant
to Subsections 28- 108.104(7), (8) and (9), Fla. Admin. Code, a party who files a doc uumt by
facsimile represents that the original physically signed document will be retained by that party for
the duration of that prooesding and of any subsequent appeal or subsequent proceeding in that
cause. Any party who elects to file any document by facsimile shall be responsible for any delay,
disruption, or interruption of the electronic signals and accepts the full risk that the document may
not be property filed with the dark as a result. The filing date for a document fled by facsimile shall
be the date the SFWMD Clerk receives the complete document
Rev. 0710UP009
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trdtlatlon of an Administrative Hearing
Pursuant to Rules 28- 106201 and 28- 106.301, Fla. Admin. Code, Initiation of an administrative hearing
shall be made by written petition to the SFWMD in legible Corm and an 8 and 112 by 11 Inch white paper.
AN petitions shall contain:
1. Identification of the action being contested, including the permit number, application number,
District file number or any other SFWMD identification number, if known.
2. The name, address and telephone number of the petitioner and petilloner's representative, ti any.
3. An explandon of how the petitioner's substantial interests will be affected by the agency
—
'� determination.
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4. A statement of when and how the petitioner received notice of the SFVIMIID's decision.
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5. A statement of all disputed issues of material fact. if there are none, the petition must so indicate.
6. A concise statement of the ultimate fads alleged, including the specific fads the petitioner
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contends warrant reversal or modification of the SFWMD's proposed action.
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t = 7. A statement of the specific rules or statutes the petitioner contends require reversal or modificaft
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 tine specific rules or statutes.
9. A statement of tine relief sought by the petitioner, stating precisely the action the petitioner wishes
'
the SFVVMD to take with respect to the SFWMIYs proposed action.
A person may Se a request for an extension of time for filing a petition. The SFWMD may, for good cause,
grant the request. Requests for extension of time must be flied with the SFWMD prior to the deadline for
filing a petition for hearing. Such requests fa extension shall contain a certificate that the moving party has
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consulted with all other parties concerning the extension and that the SFWMD and any other parties agree
to or oppose the extension. A timely request for extension of time shall toll the running of the time period for
filing a petition until the request is acted upon.
If the District takes aeon with substantially different 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.
won
The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28. 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 M SEBOUDICK REVIEW
Pursuant to Sections 120.6x3) and 120.68, Fla. Stat. a party who is adversely affected by feel SFWMD action
may seek judicial review of the SFWMD's final decision by filing a nolos 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 ft a second copy of the notice with the SFWMD Clerk wftihin 30 days of rendering of the final
SFWMD action.
Rev. 0110112009
,grp staff _mporLu f
Last Date For A gency Action: October 4, 2010
GENERAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT
Project Name: City Of Key West Public Transportation Facility
Permit No.: 44- 00076 -S
Application No.: 090617 -6
Application Type: Environmental Resource (General Permfi Modification)
Location: Monroe County, S27IT67S1R26E
Perrmittee : City Of Key West
Operating Entity: City Of Key West
Project Area: 3.86 acres
Project Land Use: Govemment
Drainage Basin: GULF OF MI7000
Receiving Body: Groundwater Table
Special Drainage District: NA
Conservation Easement To District: No
Sovereign Submerged Lands: No
Class: WA
M IN 11 �. 1`
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This application Is a request for modification of Permit No. 44.000765 for the construction and operation
of a surface water management system to serve a 3.86 acre municipal development known as City of Key
West Public Transportation Facility.
App= : 090617$
Paps 1 Ora
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PROJECT EVALUATION: E
^�rn�aas a3y w, Z1< "f3islT�fi �YeY'" 1H{.+iij3d�. 4ue '�,•.
The site Is located on the north side of East AnIm College Road and on the south side of the Stock
r ' Island landfill, on Stock Island In the City of Key West, Monroe County, as shown on Exhibit 1.
0.
The 3.86 acre ect site
Prot cumerWy contains a City of Key West resource recovery plant and ash transfer
station. for which the surface water management system was previously permitted by the District under
Permit No. 44- 000765, Application No. 921027 -0.
The 3.86 we project site is part of a larger overall 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 Utilities, the Key West Golf
Club, salt marsh and mangrove wetlands, and submerged lands.
- No wetlande or other surface waters are located within the 3.86 acre project eke, and no adjacent
wetlands or other surface waters located outside of the project site will be adversely affected by the
proposed Pr*CL
t The projed includes constructing a surface water management system that will serve a new pubic
f7 transportation facility for the City of Kay West Department of Transportation, as shown on Exhibit 2. The
facility will Include a 2 -story administrative office building. parking, service boys for buses. and a bus
washing station.
The proposed surface wafer management system will consist of site grading and Mormwater Wets that
Wlfi direct all runoff to a series of Interconnected dry retention areas for water quality treatment. Mbar
treabneni, the runoff will be directed to a drainage well for final disposal.
No wetlands or other surface waters located adjacent to the project site on the southwest side of the site
WE be adversely affected by the proposed project Specifically, the permittee will Install and maintain a
chain link form around the entire pedmeler of the project site, which will eliminate or minimize secondary
adverse impacts to the mangrove wetlands located along the southwest side of the project site, as shown
in Exhibit 2 and M accordance with the special conditions of this permit.
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Construction:
Project
This Phase Total Project
Dry Retention Areas A5 •45 acres
Impervious 2.32 2.32 acres
Pervious 1.09 1.08 acres
Total: 3.86 3.66
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Discharge Rate:
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AW.no.: OW6174 Papa 2 d e
staff report.rdf
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The surface water management system has been designed to retain the volume of runoff from the 25
year/3 day storm event onsits. Final disposal of the runoff Is to a dralnage well.
Control Elevation:
Basin Area Mew WSW Ctrl Elev tiletimd Of
(Acres) ( it, NOVD 29) ( ft, NM 29) Determination
KW Transport Faa 3.86 2.512.5 2.50 Previously Permitted
Receiving Body :
Basin Str.# Receiving Body
Kw Transport Fac. Well Box (G Groundwater Table CL
Mi1111 StrUChims: Note: The units for all the elevation values of structures are (R, NGVD 28)
i
Inlets:
Basin Sir# Count Type Width Length Dia. Crest Elev.
ry KW Transport Fac. Wall Box 1 Drainage Well 7 3
KW Transport Fac. WON Box 1 Drop inlet r 2 5.65
(GW -1)
No adverse water quality impacts are anticipated as a result of the proposed project. The surface water
management system has been desioned to treat a volume of runoff equal to 2.5 Inches times the percent
Impervious area. The treatment is provided within Interconnected dry relention areas.
To ensure that proposed construction activities do not degrade adjacent wetlands and surface waters,
the pemdttee will install and maintain temporary sit fends around the limits of construction In
accordance with Exhibit 2 and as stipulated In the special conditions of this prmnit. The temporary
erosion control barriers will be Installed prior to and will be removed upon completion of construction
activities.
Basin Treatment Method Vol Req.d Vol
(MC-fl) Prov'd
KW Transport Fac. Treatment Dry Retention .45 acres 24 24
The 3.86 acre project site does not contaln preferred habitat for wetiand-dependent endangered or
threatened widltfe spades or species of special concern. No watiand-dependent endengmeMweatened
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 permtttee from complying with all applicable rules and any other
agencies' requirements If, in the future, endangeredAhreatened species or species of special concern are
App.rm.: 090617.6 Paps 3 d 6
@w stsf report.rdf
discovered on the project site.
r it Is suggested that the permittes retain the services of a Professional Eromr registered In the State of
Florida for periodic observation of construction of the surface water management (SWM) system. This will
tac ftde the completion of construction completion certiketiort Form !10881 which is required pursuant to
Section 10 of the Bests of Review for Environmental Resource Permit Applications within the South Florida
f Water t,Aenagement District, and Rule 40E -4.361(21 Florida Administrative Code (FA.C.).
r Pursuant to Chapter 40E4 FAC.. this permit may not be converted from the construction phase to the
operation phase until certiflcadon of the SWM system Is submitted to and scoepted by Oft District. Rule
40E- 4.321(7) FAC, stabs that failure to complete construction of the SWM system and obtain operation
phase approval from the District within the duration shall
permit require a new permit authorization unless
a permit extension Is granted.
For SWM systems permitted with an cperathtg entity who is dKerent from the pennittee, it should be noted
that until the permit Is transferred to the operating entity pursuant to Rule 4013- 1.6107, FAC., the
parmidee Is liable for compliance with the terms of tins permit
The permhtee Is advised that the elf clency 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 11ow capacity to compromised, flooding of the project
may result Maintenance of the SWM system is required to protect the public heaith, safety and the natural
resources of the state. Therefore, the permittes must have periodic Inspection of the SWM system
pet brmad to ensure performance for flood protection and water quality purposes. If deficiendas are
found, it Is the responsibility of the permittes to correct these deficiencies In a timely manner.
The proposed work is not kxated within and Is not anticipated to adversely affect sovereign submerged
lands.
ry
Appim.: CON17-6 Pegs 4 a s
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RELATED CONCERNS:
VVdw Use Permit Status:
The pemddee has indicated that dwmdetng is riot required for construction of t#6 project. The permittee
has also indicated Ihat landscape Nflgmdm activltles are not proposed as part of the project.
This permit does not release the perm ttee from obtaining all necessary Water Use authorkabon(s) prior
1. , to the commencement of activities which will require such authorization. including construction dewatering
end irrigation, unless the wok quaHfles for a No-Nodoe Short-Term Dewatedng permit pursuant to
Chapter 40E- 20.302(3) or is exempt pursuant to Section 40E2.051, FAC.
CERP:
The proposed project Is not located within or adjacent to a Comprehensive Everglades Restoration
6 Project componeK
Pobbla Water Supplier.
fA Autho
F Keys A Weduct
�' Waste Water SystemfsuppNer.
Key west Resort Utilities
4�
Right4fMay Permit Status:
A Dis ict Right -olMey Pert Is not required for this pra jecf.
DRI Status:
This project Is not a DRI.
HlatorieaUAncMologhcal Resources:
The District has received correspondence from the Florida Depwknent of State, Division of Flistorhel
Resources Indicating that the agency has no objections to the Issuance of this pennit.
This permit does not release the pemmhtee from ocm; anoe with any other agencies' requiremeris In the
event that historical and/or archaeological resources are found on the site.
DCAMMA Consistency Ravlww.
The Issuance of this permit consMules a finding of consistency with the Florida Coastal Management
Program.
Third Party Interest:
No third party has contacted the District with concerns about this application.
Enforcernent:
There has been no enforoement activity associated with this application.
STAFF REVIEW:
AM.w.: OW617-6 PMP S d 6
�... _._....�.._ . . . _._... ..�...... _._
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DrASION APPROVAL:
a•
RESOURCE T:
i Berbera J. Conmy
SURFACXOATER MANAGEMENT:
Carlos A. de Roles, P.E.
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DATE: 4
DATE: 0/I 9 I c
Appim : 0WelT -6 pop 6 of 6
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Key West
Atlantic Ocean
FDOT, RN OIr20D6
MONROE COUNTY, FLORIDA N
Legend A
ApplIcadon Map Date: 8/912010
Application Number. 090817-6
Permit Number. 44.00078 -S
Project Name: CITY OF KEY WEST PUBLIC
TRANSPORTATION FACILITY
-- -_ PROJECT SITE sw OW Exhibit: 1, Page 1 of 1
Exhibit E
Survey
Page 22 of 22
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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
WHEREAS, Licensor owns the property, hereinafter referred to as the Licensed Parcel;
and
WHEREAS, pursuant to section 2 -939 of the Key West Code of Ordinances, Licensor
may grant Licensee and its agents, a revocable license to use Licensor's property.
NOW, THEREFORE, the parties agree as follows:
1. For the period beginning with the occupancy of the Re- located Premises in
accordance with the Amended and Restated Lease Agreement between the City of Key
West and Monroe County dated 2014, the Licensor hereby
grants to the Licensee a revocable and non - assignable license to enter in, on, over, and
across the land described on Exhibit "A ", which is attached hereto and incorporated by
reference (hereinafter the "Licensed Parcel "), for use by the Licensee, its agents, its
contractor, its representatives, employees, and contractor's working volunteers for the
purpose of exercising the animals in the conduct of its business, reserving, however, to
the Licensor, its successors and assigns, all such right, title, interest and privilege as may
1
be used and enjoyed without interfering with or abridging the rights and right -of -entry
hereby acquired.
2. Licensee shall not be permitted to make any improvements, construct any cages, or
utilize the parcel for special events or any other purpose. Licensee shall not penetrate the
soils or permit the same by the animals. Licensee shall take all measures necessary to
strictly enforce NO SMOKING on this parcel and to abide by all existing and any future
permits, restrictions and any other land use requirements. All animals must remain on
leash and under the control of the Licensee at all times.
3. In consideration for the grant of license in paragraph 1 herein above, Licensee
herein expressly agrees to be solely responsible for all costs of any nature whatsoever
associated with utilization of the Licensed Parcel by the Licensee.
4. If any action of the Licensee's employees or agents in the exercise of this License
results in damage to the property, the Licensee will immediately repair such damage in a
manner acceptable to the Licensor. In no event shall such repair or settlement exceed the
fair market value of the fee title to the real property at the time immediately preceding
such damage.
5. This License is personal to Licensee and may not be assigned or transferred, but
allow use by Licensee's employees, its agents, its contractors, representatives or
contractor's working volunteers. Licensor shall have the right to terminate this License
with or without cause upon ninety (90) days written notice to Licensee.
6. At Licensee's sole cost and expense, Licensee will secure, pay for, and file with the
Licensor, during the entire Tenn hereof, an occurrence form commercial general liability
policy, covering the Licensed Parcel and the operations of Licensee and any person
conducting business in, on or about the Licensed Parcel in at least the minimum amounts
with specification amounts, as may be determined from time to time by Licensor, to prevail if
greater than minimum amount indicated. Notwithstanding any other provision of this
2
License Agreement, Licensee shall provide the minimum limits of liability coverage as
follows
Commercial General Liability $2,000,000 Aggregate
$2,000,000
Products Aggregate
$1,000,000
Any One Occurrence
$1,000,000
Personal Injury
$300,000
Fire Damage/Legal
Licensee shall also procure the following insurance coverage:
(i) "All risk" property insurance, including theft coverage, written at replacement cost value
and a replacement cost endorsement insuring Licensee's improvements and betterments,
fixtures, furnishings, equipment and any other property belonging to Licensee.
(ii) Workers compensation coverage as required by the provisions of Florida Statutes.
Any management agreement used by Licensee must provide that the Licensor does not have
any liability whatsoever for any damage which may occur on the Licensed Parcel. The
Licensee must provide the Licensor with a copy of any management agreement used by
Licensee regarding the Licensed Parcel. Licensor shall not be responsible for damage to any
property belonging to Licensee or Licensee's manager. Subject to 768.28, Florida Statutes,
Licensee indemnifies the Licensor with regard to any claims made by any manager for any
reason. From time to time during this License Agreement, at Licensor's request, Licensee
shall (i) procure, pay for and keep in full force and effect such other insurance as Licensor
shall require and (ii) increase the limits of such insurance as Licensor may reasonably
require.
Any general liability or other policy insuring the Licensor does not provide any contributing
or excess coverage for Licensee. The policies Licensee procures for Licensee's exposure are
the only coverage available to Licensee.
Licensee shall furnish an original Certificate of Insurance indicating, and such policy
providing coverage, to Licensor named as "Additional Insured" on a PRIMARY and NON
CONTRIBUTORY basis utilizing an ISO standard endorsement at least as broad as CG 2010
(11/85) or its equivalent, INCLUDING A "Waiver of Subrogation" clause in favor of
Licensor on all policies. Licensee will maintain the General Liability coverage summarized
3
above with coverage continuing in full force including the "additional insured" endorsement
until at least 3 years beyond the termination of this License Agreement.
Licensee's insurance policies shall be endorsed to give 30 days' written notice to Licensor in
the event of cancellation or material change, using form CG 02 24, or its equivalent.
All policies of insurance required to be carried by Licensee pursuant to this License
Agreement shall be written by responsible insurance companies authorized to do business in
Florida with an AM Best rating of A -VI or better. Any such insurance required to be carried
by Licensee hereunder may be furnished by Licensee under any blanket policy carried by it
or under a separate policy therefore. Certificates shall be delivered to Licensor prior to the
commencement of the Term of this License Agreement and, upon renewals, but not less than
sixty (60) days prior to the expiration of such coverage. In the event Licensee shall fail to
procure such insurance, Licensor may, at its option, procure the same for the account of
Licensee, and the cost thereof shall be paid to Licensor as an additional charge upon receipt
by Licensee of bills therefore, together with an administrative fee equal to fifteen (15%)
percent to cover the cost of the Licensor's efforts to procure such policy.
Certificates of Insurance submitted to Licensor will not be accepted without copies of the
endorsements being requested. This includes additional .insured endorsements,
cancellation/material change notice endorsements, and waivers of subrogation. Copies of
USL&H Act and Jones Act endorsements will also be required if necessary.
7. Subject to 768.28, Florida Statutes, Licensee does hereby agree to indemnify, defend,
and save Licensor, its respective officers, directors, agents and employees harmless from and
against any and all liability for any injury to or death of any person or persons or damage to
property in any way arising out of or connected with the conditions, use of the Licensed
Parcel, or in any way arising out of the activities of Licensee, its agents, employees, licensees
or invitees on the Licensed Parcel, including reasonable attorney's fees and court costs
incurred by Licensor in connection therewith, such legal expenses to include costs incurred in
establishing the indemnification and other rights agreed to in this Paragraph, excepting,
however, only liability caused by Licensor's gross negligence in its failure to perform any of
Licensor's obligations or agreements of this License Agreement. Nothing herein is intended
4
to waive the sovereign immunity afforded to Licensor pursuant to Florida law, including
section 768.28, Florida Statutes.
The indemnification obligations under this section shall not be restricted in any way by any
limitation on the amount or type of damages, compensation, or benefits payable by or for
Licensee under Workers' Compensation acts, disability benefits acts, or other employee .
benefits acts, and shall extend to and include any actions brought by or in the name of any
employee of Licensee or of any third party to whom Licensee may subcontract work. This
indemnification shall continue beyond the date of termination of the Agreement.
8. The property can be used for the intended use as stated herein, but Licensor does not
warrant or represent that the property is safe or suitable for the purpose for which
Licensee is permitted to use it, and Licensee assumes all risks in its use.
9. Licensee shall pay to Licensor an annual fee of Two Hundred and No /100 Dollars
($200.00). Payment shall be made to the Licensor's Finance Department on each
anniversary date of this License.
10. This License Agreement shall be recorded in the official public records of the
City of Key West, Monroe County, Florida at the expense of Licensee.
IN WITNESS WHEREOF, the parties have executed this License Agreement on the date
above written.
LICENSOR: CITY OF KEY WEST,
FLORIDA
ATTEST:
Cheryl Smith, City Clerk
By:
Craig Cates, Mayor
5
Licensee:
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
ATTEST: Amy Heavilin, Clerk By:.
By:
Deputy Clerk
Mayor
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
� 4
CHRISTINE M. LIMBERT- BARROWS
ASSISTANT COUNTY ATTORNEY
Date
__—
L
R
W.4 - 94 - R UIRM
DESCRIPTION OF PARCEL LICENSED HEREIN
LEGAL De5C.RIPTIONt
PARCEL A
A parcel of Ird an and edycmtt to Stock lord, Monroe ):aunty. Mondat adparuat Irony a }art of pct latdds
dacnbed in TV Ord No. 19t.'S9 Pwil Book C-sa at Pigs 32 of the PLWc )Seconds of the said Covabfr, Tiff`
on" No. 23257 (011col Raced Book 269 of Page S 1 G of the and Pond a Ravords) aid TIN? Dead No, 24OC7
(Olheof Record Doak 355 at Page 32 of tole 6041 Public Records; this awd )gird of fated V" ttrhbnty wtlhh Ow
owposds of the sod Till Decide referred to akwai the eand pervael bm" mom Sections 2C and 27, Township
47 Sarah, Range 25 Ent and the sad pared of W dnd"4*m***41 by ficotdo sad 10811011 an 140110W
COMMENa at the intersection or the aatarf►t Mwd'uny Are of Aires Caeade Read with ft northerly
ndtFof -away We or U.S. fbdwy 01 of" Rood Oft thar" on sod matary n4li+t-004W Mat OF and A~
Cotegs Road far tar lellowry aaven M eauraasn (1) thanncs N 164 III Ef w for 3G. 16 feet W a pant of
curvab)re of a orertar turns cameos to sloe Soutrarask t2) there northwadmty on to arc of net cove hft" ■
radius of M.00 Moat and a conAral rh fe of 35'OOW far 162.34 lest to the point of tar."W (8) thenicat N
53'4716' W for 27250 leaf to thepotht or a wturt of a ea+udar ourvis cone are to the Nortlwail (4) d>mac
nortavan early an the uc of shard awe hviaS a row of 3G t.02 feat and a eaetrr most of 14 40' foe
gas I feet to the boat at tr illiga r; 0) OW46 N 39'21'36' W for 273.51 feat to the pent of aavature of a
arcarw ewve concave to to Northeast; (C) thence nciAhwest arlyr on and northmaterfy on tale are of seed ""
f"a radno d 4441.65 (eat and a central ands of C.M590' far 4811.1 S toot to a Pout of ter ilo y, (7)
eh vion N 23r I Y52' E for 1122.43 fad; thanes N 45'3COT ! for 106.37 feet to the POINT OF 5MMMING of
tea hranaftar described Forest; therm N 2787* Wet for a drstman of 1372.29 took than North 62'23'
East for a dobnre of 1 225.00 lost; pores South 27'37' End for a dotarrce of 915.62 feat to the
southeasterly boundary fns of the Ynde 41esctbd on ORtosl Rom book 667 at Pacts 1449 of the Public
Recalls of haortnee Couray. Pbndaf thsrce South 41'44'30 Wed an the Southeasterly bowdary leas of the
lards, daacnbtd on Ow said Most Book BC7 for a dotanos of 26.65 fad he the Norf mnb@(fy bardary Mss of
the aids clsombad in OIGtio Cook 860 d 1964 d the sad Pubka Records; scarce on the Northwesterly boundary lire of the Wide dssorbed in the amid OMoYI Ratortf Book 880 on the logo" fart (5) courseu (1)
continua Sarum 41 4036' WAaek for a dstmoa d 436.20 leek (2) tenor South 46' 1320 East far a dtatance
of 15.00 feet) (3) therm south 414G"JC West for a Art os of 435.66 feet to the begtlnary of a Curve bang
oar ovve to the ifardow ast rd Miry s radius of 3G6C.55 took (4) Ow nce Southwesterly on the cad Curve tar an
sic abstance of 239.69 fed; (5) serve South 45`30 West for a dhstmes of 1 47.97 fed back to ale Pont
of beynesag, L!9B the fdb" sn (G) parodw.
PAP= C
A pares) of fund on rd adpCot to 81104 10191W. Kwwoa C wity4 )bride: wid partial bw4 a part of the sand• Assontod eh 79P Dead No. f 9GM ( Deed book 0.52 at
Pon 32 of the PubkeRscarda of thasurd Cciunty. Tiff Daad No. 23257 (Olkoha Record Cook 269 at PaSe S M of the sod ftvtz Rewrew and TIiP Dam No, 24047
(Oenedrl Record Book 355 at Page 32 of to said Phdrkc Itaimeds; eta sod owed of land brae areN* wrtbnn ft ecuspos" of that sad TW Dcode relefldid to abase
tha said pared fyab eat in Scitteans 24 and 27. TG7 South. R95 Eat; and the o d parent of farad busy Jmw*dd by mabat and bope►d a Mkiwa: C01 at fine
mftrsecton of the b regitt of way 1 na of J~ Coesgt RM A went FNa nare,ery ndt4 of +uay kne of U.S. NaaMtw,r I 1 tea Rand fat. Mks NI ern f' I6' W for
36. I G feat to a pone d curvature d a move coaws to the Soulhwpk Ntatca nathocul ortya"pre arc d saidu
curve havyt9 a radius of 268.00 last and a G4r4nai
angle of 3S'06409? for 162.74 fad to a pant of an genoy, theme N53't47I & W for 772.$4 Nutt to the root of euwtthtrs at -it curve eartaave to On ilnrltfeaak
thence wrtnvesbery an to are of sad save"a radths of 361.02 fete wed a control ands of 14 417 for 90A i fa* to a point at toyovtyf thane
rile'» 1136' W for 973.51 fast to the part of curvrtare of a o ewe 4mcays to the Northeast, thvied rt&IWAastuty an arld wrousanceetyr an the art. 14 aid eorve N"
s radius of 446.65 tad and a cetral angle d 029530' for 486.15 feet to a point of t wA)& ,, fence NW 13'52 liar 1122.43 Iststl vows N45 4 30)Dr ! for
279.04104 to a point of eurwbe+e of a Cava don eve to the NorMwa ink thmoa an that we of sand ear" haisny a radar of 34166.55 fad and a ow"
mare of 2 for s dtstanas of 103.53 fast to the POINT OF aWANNWG Of the hand UkW deaoribad Prod C; thoaaa NW4943 W for a Alliance Of 22084
lest to a part of canature of a are Ca rive to the Sc uthaastt thence nottistuatcally on tha arc d sand orris henry a fsdhts at 40.00 teat sad a Cehl4ril cede of
89'2320' for 62.41 last to a poW of tsngeneyt threes N42'3& f 3' E for s datancs Of 127.55 teat flvaros S4d1' 13714' f: far a alata,saa d 256,Cp fast, #tens
541 W for a dstaroe of 97.29 fad to a part of aavalA is of a curve opriwa to the North useb; tbenaa southeastely an the are d said turns fNVSIq a fed"
of 3C6C.55 fed and a central angb of t' 11 for a 41otares d 7G.1 G fast b" to the PONT` OF 0940tttM. Congo" 43,910 sy 10, 11.0 11 mom.
PARCEL G
A pared of lad on and adpaent to Stock Island, Monroe County. NonaMr maid pared berry a part of the fund daacnbed in TOP Deed No. f 9099 (Dead took G-52 at
Page 32 of the Pebaa A ocardo of the card County. 'nS Dead No. 28257 (OrfhcW Record Cook 2G9 at Pas 51 G of the said Public Records) and TOP Deed No. 24007
(ORtaal Rr4vM Boots 355 at Pets 32 of the sad PWft ItsoOrdr. the said pan>rl of ford d wi*V* nAhut the ocayoata d the said TIN? Des" do vpd to sbovo;
am
the d pared hen wow 5adwns 24 and 27. T67 fault. R28 Cast: aid No and d parer wad la" dimp*0 by tnaates mid baaWS as blow, COWeNCE at this
t -dM Ct0*fh of the aastatyr nof"OW iaA d hanorCCINW Iboeal %U% the notihonty ^d?t'pT -any' 6m of U.S. tlyhwry 41 (Stage R.mJ 05). thanoa 1418041' 16' W br
36.16 fast to a point Of cavaWwa of a ewes centcava to do SoAlwoek ttere fwrthwsrawy on the om of sand canna h" *Mar at 265,00lank and a vanird
angle of 36'OGW for 192.34 !cook eta a pars; of tsnpawlr, dwiee NNS347*I6' W for 272.56 fad to do pant of ohrvabhre of a euvs Corson to the Northeast;
thoncs norgrwastatV on tar arc of sad: cdrva. )uvmg a rxAm of 3G 1..02 fast and a drttrral cede d 14' 2S 40' for 90.51 red to a post of tetyanq; thenca
N38.2136' W for 273.51 feet to the pont of tatvaWrs of a Curve ceneave to the Nortesak thence norithwastarV on and no thastorfy on ter arc of aid curve wv'h5
a radius of 446.85 fed and a central mars of 62 1 35'30' for 486.15 led to a part of tunga cy; thence N23' 1 3'32' E for 1122.43 ant; theme N45900r E for
270.04 feet to a pout of oarvatuc of a oav?a concave to the Northwest, 11 , rorteaetarfy an the we of sold curve h" a wAsat of 3GDG.55 het and a deMral
angle of 3'43'31' for a distance d 239,G9 fast: themes. N41'4C'3G' E for a distance of 97.29 lest to the POINT Of BEGINNING of the barwuUer dwrnbed Parcel Gk
thence N46' 137.1' W fa s tlhstmea of 256.97 leek thahte N42'36? 1 3s E for a dahanhes d 1 72,77 leak thence 346') 3'24• E for a 41shwed of 249.02 feet:
thence 3414033 W for a distance of 172.50 feet be& to the POINT OF BBGINNING. Containing 43,765 sin(. h. / 1.0 I acres.
PALM D
A partial of land an and adlec nt to Stork Island. Monroe County, Honda: and psrcd bang o put or the Yids described in TNl, Dead No. 19699 Masd book G.i' 2 at
Page 32 of the Pvbhc Records of the said Couty, TIIP Deed No. 23257 (Oland Record Book 2G9 at Page S 1 G of the sod Public Records) arW Tiff Dead No. 24067
(011wol Rwor41 Book 355 at Par. 32 of the said Public Records; the sad parcel of land lying " within that composes of tea o" 'I'll? Dsods edited to abom
the said pared yuy rtsn SeUrxs 29 and 27, TG7 Sent?, K25 Eat; and the Mel pared or lard be" desenbed ty codas and troands as 11 ,11, 1 COMAOIENCE at the
atensoon of sloe au stery n.3lnbol wa,r km of Junior Celege Road with tr northerly nght- of-way the of U.S. fkrftwry 01 (yfsto Road 115): thane N 16 1r I D' W fa
3G. 16 Fast to a point of ohnvoture of a orre conreve to the Southwest; thence northwesterly on the arc of sod aria hsys►g a rodafe of 265.00 tad and a central
ergo or 35'0600' far f 62.34 fad to a pant of tarp
ene); thence N53471 C W far 272.56 led to the pant at curvature of a curve coome to the Northeast
thence noel wssterfy on this are of sad curve Irving a raow of 36 1.02 fad and a coaraf aryls d 14' 25' 40' for 90.91 last to a pant of taiyanq; tnowa
N39 I'3C W far 273.51 lad to the pet of ctrvetvrs of a curve concave to tee Norbert; tenss northwesterly on and northeasterly on tle we of sad cave Ilsvey
a ra41uu of 446.85 fad and a Central aryls of C2 for 468.15 fed to a pant of t ailfw. . trance N23 1 18'52' E for I 1 22.43 fart; thence 44'Y30'07' E for
276.04 fact to a panrt d Curatu a of a 0 vs coweve to the Northwest; thence, at thence, northms the arc of mid ours having a radw d 89
36.55 fed and a 4o"
bl
ae d 3.4I'3 I' for a distance of 239.09 leak Uharce N4 I WIG' E for a dsbnrs of 209.79 hat to the POINT Of WINNING of the Iwraruker dssabad Finical
P. tharos N46' 13'24' W for a distance of 249.02 fad; thence N42'3& 13' E for a dhstence of 15.71 tad to to point of Cuvahhrs of a curve senses to the
Southeast; tlhwKs northeastery on the ere of sane) tarrvs hawing a radius of 300.00 lost and a central srtde of 23 for 1 25.26 teat to a part of Ilmilf any;
thence NG8'544W ! for a distance of 69.99 fads t herhos 546' 13 for* debnet of 1 00.71 hell tenet 341 r4Q3C W for a Manse of 32,13 feet; horde
546' 13'24' E for a dsbace of 15.00 feet, t imee 34 I *AC3C' W for a distance of 195.87 toot back to ohs POINT OF BEGINNING. C vtaewy 44.527114. k. / 1.02
acres. ,
s
a .
r
a;'
PARM C
A p *r9W Of tared 00 Aral ady Mil to Stack Wised. AAanip" Canty. Monday read owvW barrg a port, of the Wrde debunboal In 11tr DaW Na t 9699 Pond Book G^W at
Ps9a 32 d the NON1 V40rda of Ow said C onty, TV Dead Mo. 232S7 (OhAaf tnmM Soak 2GO st "J 1 4 of W4 srwd Pvt*c 1t =wils).old THr Oaid 90.24067
(Officad Renon! Boot 3614 ab P*qc St at pea and P01:40 ltdavds; She SAW (WOW CO WW " :now* wtho tho Compoilio of the wed Toe 06046 telwmd to A om
Ow "a parcel "wthn Sys 2C and 27, Ta+ wwp 67 -a", POW 25 Caok red the gad paned of toad Iw" des anbad by a" Anil boveds ae thong:
COWOxx at Ow WAAWSMOW 04 Ow esote+ry s.gt t-OFAW bow of Jager Colo" Rasa WO the nor"Wrb ngkt et war 104 of OZ. hiap" ity r 1 Glare PAW 113)c theme*
N 1641' If C W for 36. t G leer to a 004 of c ovabira et a ONVS COACA o to the Soak, blAMOF n4tflRAN60rly CO" tfla WC Of #*# OWD hawed s 414" of 265,04
toot and a control sr#e of 35 for 1 02.34 face to 's pant of tsrdjow. timw 453'47' 1 C W for 272.59 f4a to #hA peat of aaystan d a alvc cOnaAws to
Osc wwvwastc OVA" ecrtMinso" ly an tiro art at asrr taros t" a akka of 3C 1.42 lade anal A cis" Aeys of 14e 2W 40f for 90.91 Mae to a pop* at tawp oW.
tharm 1139'2 1'36'W for 273.51 lad to On poac of wwAO" of a tww eonaava to f" Nbohee"k t ewe flc*+ dtea�y an and "MomoterhI an TAR are of sad
amm N" 0 radon d 446 AS !asst W4 0 CenWru angle d CZ"3SW kv 466, 15 feat to A porlt of tar4a , Wan" NZr # 3'52' L for 1 122.45 Mat-, Ounce
N4S`30'OT E for 27 4.04 feat to A Poo* of rawawd of a wrM raac%w w Uws Noraw tAc Ow" u nts"y c" me m of P*W euwo Arhrwa at m" of 3QK.55
teat and p c oltial angle d 3°49'3 t I fax a aloaanas of MAP Met: bums H41 VC39' C for A dolarwce 41435.CC (*0; th mac MMV 1324 W for a i mbr4a of 13.00
twat; tlwanaa u4 1 w4i9C t for A dtsw" d 32.13 test to Cna MW Of WSM ANG of 1!u haanaf i r desrt*cii Pared 1~! Nisnow Nod' 1 Yoe W torsi 4wtnwce of
) 46.71 fast. hwaoee MC"53 a for a, datarwa of 20 A 7 We to the panrt an o awe* c4rA*va to Owe Nortl1wicA lt" a d ord bearrtg MS 1 AV fat A Antareo
01 125.0c faak, Branca nordseaatarfy on ttla are of o+id awvc A raAw at 167.90 tact and a caned e,4 3605 I Wr For 127.48 fagot bo a parrh Hence
KSWi 023' t for a dntam a of 79,13 feat; Owsca MOP 13'24` P tot a esstenea of 166.56 hat: prance 541 4 W kw A cfatwo d 22 t.46 lead bailie to the
Pt"aINT Of Beg"NG. Oaoatiod tnd codam O.W acrra MM OR IM,
Ps11m f
A pwQO of WW an and Adyc" to Stock 1AW. MWWW County, FbMitaz sad PWAO a part d the wade 4420"d m Ti ff 0mrd NO. I tS699 (Dam Soak G-M at
P+ga 32 of *6 Pw olic R4atrds eat 04 5ad Cawoty, nw flood No. 29257 (01409 RocatO Voch 268 at Pads 5! 9 OF the sod VW ft RaOWcW and YW Dead 40. 24067
((70" 9600x0 eack 355 at Page SZ of else o wd PAW Iksnordac the and PWC41 of WW "Wit rlr wwtlwn SIN Confirm" or the Sand TW Ooode fWarvOd to Avwas
ow and ewvw Mao %ow Ood wo 26 and 27.7avnerdkp 97 ° JoAth. Rams 23 Usk end Ow said porraf of 1And %" dawbod by slatd+srd boarmm ale kAooa.
Comm*= At floe wwrsedaa t Of the aorta ito nghGofyvsy Ono of Jww Collage Raid *0 Ow norttwtrly rgts- aF.woy 4na of US. M#RWY I 1 gkobs Rdtd i1Stt thanoa
N 16 14 0 I 6' W for 39.1 G rent to A Pont of varvaturo or A PAW m comet: w Ow SO M 0141 ttwwe rw owea mly CA tlw & or oAW arre ha'"+r5 a rAdns of 2CSA0
faaa pia a cwAral xamp of SS`OOM' for 192.34 fad to o pearK at butgaocy; thawA *53`47' 1 er w tar 272.56 teat to tbo, point at GWw ens of a awe toNaa46 to
rite mat; t inn. a rwtlwastchy on ft sm. or and cove hainm a roan► of 394.02 fleet and a cwk0 *o$W of 14 40 for 90.91 hoc to Y ppiet of txfligwwv�
OMMO N39 W for 27+54 f tact to the Pout of aurwtwo Of A awve ca wave to the NoRhAwk O were awtWwosterdfen nvl vm**astcfy on the ar of said
crave I%" at nAwe of 44C.M tact red A eardrnf aw#a d 62'SS'3O' k 466.15 tact to a pod of 1two0w . thav as N23a1 S%V t Far 1122.43 tads Owwo
N4SISOV ' 21w 27G.04 kat tar a posit of oevotwo of a arm coiw acv to the *arOwvww§ Owilca awnwaa0arty on Ow of d gad carve M" a radon of 3966.39
too and s CeaOW areas u1 3M33 0 WS 4w1*%aa OF 399.95 task, Oman 04 t'463C' t fors A dl A33.CC lock- the "W 46.1324' W far v $wtalrco of MOO
fact, tkafetw 0141 C far a A%towe d 253.93 fnat to sw raw ON BEGINNING, Umxg N4ar t BMW W for a Oplome of MG,7 t hat♦ ptenGa N1C'1f'SY70' C tar
w **bwe at 251.34 hat; thawA 5aT3PM C for a &star" of 243.56 fork, Uraire SA 1 1 4CBC' W for a Askove of 1 04.7 And bsdr W tha PO1W Of
tIWAWNG. 06acn6ad trod 0a *ww 1.02 pores TAM OR LEW.
PARCEL G
A parasl d WW vo Mil adjaeort to Stodt Wend. Mae- C fly, FWnOar and swam bepn4 a port of the bn& rlcK bed r4 TOP Coed Na f %" XWO4 book C•32 at
Page 32 01 trot P40W W~& of the aWd Cora*, TOP Dead No. 23257 (O#cW Rams Dot* 298 A "31 C of pie toed PuMa 11a0xdsy aid TV Dead No. 24097
(Otwoai RaCM0 Doak 353 at Apgar 32 of Nip Sid PvKC lisrardnS the and pwvW of tmd "4 oobm r %M1wn Nis aampaeets of are S" TV Dveda eatch sd to mewea
the owd *4*0 56dmno 2r* and 27. Tafeafsp G7 5&0. 25 last; AM the OW parcaf of WW beat' Aesvwbad by Mdtov Ono bowm is in, 10110 a:
Cf3fAb1L`MC.f: at. rem owees Lion of the costry rwgAbts4•rwy boa of.Ja"w Gw&O Rao$ Witty the agrpwarty rrn Oaf -Wet' Wrs d U.9. MAs" I1 Ob" rlOpd 457: %ham=
N 18*4 P 115 w for 99,1 C met too a paint of 4wvatwe d a novae come" to *4 Sic omask; "WWO for"W asatarty as Me art d gad rave b" a rAAw at OMOO
hest aril a annual asgta of 354 )GW for 1499,34 !sat to a " of Romany: ttwarre W53'471 W W far 272.56 fact to the point of WwvAWrc of a cww coat" to
the Noma Aril, tholes rAf*NMMtwv on the am d ud 00vs haw A ra" d 3C 1.02 Sent &W a abtb ed #q@ of 14 Q' 2W 4 for 80.8 fast to a Jrwot d tar4aw."
dfeanCe N39'21'36' w for E73,51 lest to the POW d cwvatwe at a dwwo "Wane to the 1r10r4ffaasts t wf" aert "o*bo* an sna m said
oAw havWUJ a radaw ai 44C.60 fed ands eeeGU o"91t d G2'35'9p for 460.151est W a pewit d tatYjarrgr thaaies N28' 13"3x" d 9e, ! f P2.43 fad tliancs
N4 S"SO'Or C h► 27G.04 tale to o p o At ef awvuame d A elwva *anmw to qw Nsrth writ thurca ,farfswaeewtrly ce tfsa era d sad aalrva lwawrwy a yeasts d 3969 S5
fiat and a otimb $ amp of 3 hr a Astaneo d 23s.C9 team dwaaas N41 1 46% , t 1W a dntsaee of 435.69 free; tlwaKe "46 824* w par a Abtancis of 15.00
Foo;C thanes M414C'sJC' C 1w a dratow0a of 416.34 feat to the PONT Of 915PMMOO-, tha of N27r'374V W in A eYSOipa of 213.56 k4 iF14" N3Qw4WOW f tar
a c%tsnw d 46.22 toot; tkom 527"37'0M Ekes dobwx d 247.95 Asou thmnCt'S+t f a4G 3f: W for a dwetenea d $9.31 loaf baK to Mws POHe f tJP f)LY IN WNG,
OMOWd tract witU tie 0.25 a044 MtDRC OR 1 05 .
w .
a
a
From:
Tammy Fox
To:
LoSacco -Tina
Cc:
"Sue Turner " "Carol"
Subject:
FW: CPI Request - Key West FKSPCA
Date:
Tuesday, January 30, 2018 1:35:13 PM
Attachments:
im2ae001.ona
Dear Tina,
I am writing on the behalf of the Florida Keys SPCA Key West Campus located at 5230 College Rd.
Key West FL 33040. We respectfully request a CPI adjustment for the time period ending Dec. 31st,
2017 to be effective May 1, 2018.
Yours in animal welfare,
Tammy
Tammy Fox
Executive Director
Florida Keys SPCA
www.fkspca.org
www.facebook.com fks ca
go
The Florida Keys SPCA is dedicated to promoting the humane treatment of all animals through
compassionate care, adoption, education, population control and humane law enforcement.
The FKSPCA is a 501(c)(3) corporation. Tax ID# 65- 0891564