The URL can be used to link to this page

Item C27 C.27 BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting May 22, 2019 Agenda Item Number: C27 Agenda Item Summary #5518 BULK ITEM: Yes DEPARTMENT: Animal Control TIME APPROXIMATE: STAFF CONTACT: Tina Losacco (305) 289-6051 N/A AGENDA ITEM WORDING: Approval of Fifth 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 1.9% effective May 1, 2019. The agreement amount will increase to $550,886.80/yr or $45,907.23/mo. ITEM BACKGROUND: On January 21, 2019, the Contractor requested an annual CPI-U adjustment. The percentage change in the Consumer Price Index (CPI) for all urban consumer(CPI- U) for the most recent 12 months as of December 31, 2018 is 1.9%. Effective May 1, 2019, the agreement amount will increase from $540,615.12/yr or$45,051.26/month to $550,886.80/yr or $45,907.23. PREVIOUS RELEVANT BOCC ACTION: On May 1, 2014, the BOCC approved to enter into a comprehensive Amended and restated contract for a long-term agreement to provide animal control and enforcement services in Key West and the Lower Keys in exchange for contractor building a new animal shelter on College Road, Stock Island, to be used exclusively for animal care and control services. On April 20, 2016, the BOCC approved a CPI-U adjustment of.7%. On May 17, 2017, the BOCC approved a CPI-U adjustment of 2.1%. On May 16, 2018 the BOCC approved a CPI-U adjustment of 2.1%. On August 15, 2018 the BOCC approved a projected maximum allowed increase of cost directly related to operation of the new facility due to the increased size of the shelter of not to exceed $196,696.00 per annum. CONTRACT/AGREEMENT CHANGES: CPI increase - 1.9% STAFF RECOMMENDATION: Approval DOCUMENTATION: 2019 - 05 - 5th Amend. KW animals - CPI 2019 CPI increase request-Key West Campus 01-21-2019 Packet Pg. 680 C.27 2018-08 4th amend restated- KW animals -increase cost for bigger bldg (08-15-18) 2018-05 - 3rd amend restated - KW animals - CPI(05-16-18) 2017-05 - 2nd amend -restated - CPI 2016-04 -1st amend restated- CPI 2014-05 - Amended Restated 20 years 04-30-2034 FINANCIAL IMPACT: Effective Date: 05-01-2019 Expiration Date: Total Dollar Value of Contract: $550,886.80/yr or $45,907.23/month Total Cost to County: same Current Year Portion: $275,443.40 Budgeted: Yes Source of Funds: Ad Valorem CPI: Yes 1.9% Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: County Match: Insurance Required: Yes Additional Details: N/A REVIEWED BY: Kevin Wilson Completed 05/07/2019 3:37 PM Christine Limbert Completed 05/07/2019 5:20 PM Budget and Finance Completed 05/07/2019 5:23 PM Maria Slavik Completed 05/07/2019 9:06 PM Kathy Peters Completed 05/07/2019 9:15 PM Board of County Commissioners Pending 05/22/2019 9:00 AM Packet Pg. 681 C.27.a FIFTH AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) THIS FIFTH AMENDMENT TO AMENDED AND RESTATED AGREEMENT is entered into this 22nd day of May, 2019, between Monroe County Board of County Commissioners (County) and Florida Keys Society for Prevention of Cruelty to Animals, Inc., a Florida not-for-profit corporation (FKSPCA/Contractor), in order to amend the agreement entered into on May 1, 2014, as amended on April 20, 2016 and May 17, 2017 and May 16, 2018 and August 15, 2018; WHEREAS, the parties entered into an Amended and Restated Agreement on May 1, 2014 for the FKSPCA to provide long-term animal control services and enforcement pursuant to the provisions of F.S. 255.065 (formerly F.S. 287.05712) from Mile Marker 0 through Mile Marker 16.7 (the Harris Channel Bridge), including the City of Key West (Agreement); and WHEREAS, the terms of the Agreement provide that the contract amount may be adjusted annually by the percentage change in the Consumer Price Index (CPI) for all urban consumers (CPI-U) for the most recent 12 months available ending in December of each year; and WHEREAS, the FKSPCA has requested a CPI adjustment as allowed under the agreement; and cv IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. In accordance with Paragraph 4. RENEWAL the contract amount is hereby adjusted by 1.9% CPI for all urban consumers (CPI-U) for the most recent 12 months ending on December 31, 2018. Effective May 1, 2019, the total compensation paid to the Contractor for its services under this agreement shall be $550,886.80 per annum or $45,907.23 per month. 2. In all other respects, the remaining terms of the Agreement entered into on May 1, 2014, LO as amended, not inconsistent herewith, shall remain if full force and effect. LO N [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] ca Page 1 of 2 EIETH AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) Packet Pg. 682 C.27.a FIFTH 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. Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By:,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,..............., y: Deputy Clerk Mayor/Chairman Date: a �s Witness Signature THE FLORIDA KEYS SOCIETY FOR THE PREVENTION OF CRUELTY TO Print Name Date ANIMALS, INC. �s By: m„, .rrrrr„ rr „ ,, rr� rmmrrr, Witness Signature President Date:,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_ �s Print Name Date Address:...m,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, r_ to MONROE COUNTY AT70RNEY to La w111=X O CHRISTME LIMBERT-BARROWS ASSISTANT A ORNEY td as Page 2 of t FIFFH AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) Packet Pg. 683 C.27.b Peters-Katherine From: Tammy Fox <tammy@fkspca.org> Sent: Monday, January 21, 2019 1:51 PM To: LoSacco-Tina Cc: Wilson-Kevin; 'Sue Turner'; 'Cindy McVeigh' Subject: CPI increase request-Key West Campus Dear Tina, 04 I am writing on the behalf of the Florida Keys SPCA Key West Campus currently located at 5230 College Rd. Key West FL 33040. We respectfully request a CPI adjustment for the time period ending Dec. 31st, 2018 to be effective May 1, e 2019. e Yours in animal welfare, orgy CL Tammy Fox Executive Director Florida Keys SPCA 04 www.fkspca.org www.facebook.com/fkspca 04 U) CL 1 E U) as R ins YKP:' �ada (D e 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. cr The FKSPCA is a 501(c)(3) corporation. Tax ID#65-0891564 a as U) 2 U as E U 1 Packet Pg. 684 GJ�t C°UR"° o: Kevin Madok, CPA .. .... Clerk of the Circuit Court& Comptroller— Monroe Count Florida •ROE COUNT. Y1 DATE: October 25, 2018 a TO: Tina LoSacco, Sr. Technician FROM: Pamela G. Hancock, Deputy Clerk SUBJECT: August 15'BOCC Meeting U- Attached is an electronic copy of Item P5, Fourth Amendment to the Contract with 63, Florida Keys Society for the Prevention of Cruelty to Animals, Inc. (FKSPCA) to add up to Ls $196,696.00/year to the Lower Keys animal control contract to proxride funding for increased 00 operating expenses for the new animal control building, for your handling. Should you have any questions,please feel free to contact me at (305) 292-3550. Thank you. _ as 0 U) 0 U) a cc: County Attorney Finance File as 00 00 cv KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 685 C.27.c FOURTH AMENDMENT TO AMENDED AND RESTATED CONTRACT (Operation of the Key West Animal Shelter) THIS FOURTH TO AMENDMENT TO AMENDED AND RESTATED CONTRACT is entered into this 151" day of August, 2018, between Monroe County Board of County Commissioners ("County"), and the Florida Keys Society for Prevention of Cruelty to Animals, Inc., a Florida not-for-profit corporation ("FKSPCA" or "Contractor"), in order to amend the Amended and Restated Agreement entered into on May 1,2014,("Agreement"), and as amended on April 20,2016,November 22,2016,May 17,2017,and May 16,2018;and WHEREAS,the parties entered into an Amended and Restated Contract,on May 1,2014, for the FKSPCA to provide long-term animal control services and enforcement and to build a 63, new Key West animal shelter pursuant to the provisions of Fla. Stat.Sec.287.05712;and LO 00 WHEREAS, on April 20, 2016, the parties entered into a First Amendment to the Amended and Restated Contract, which provided for a CPI adjustment, revised Paragraph 4 of the agreement with regard to the date for the request for CPI adjustments, and revised Paragraph 9 as to certain insurance requirements; and WHEREAS, the parties entered into an Addendum to the Amended and Restated ` Contract on November 22,2016;and 0 0 WHEREAS, on May 17, 2017, the parties entered into the Second Amendment to the 0 Amended and Restated Contract,which provided for the annual CPI adjustment;and WHEREAS, on May 16, 2018, the parties entered into the Third Amendment to the Amended and Restated Contract,which provided for the annual CPI adjustment;and a WHEREAS, the new Key West Animal Shelter Facility ("Facility") is completed and a Certificate of Occupancy will be issued forthwith, and the increased size of the new Facility and capacity for more animals,will cause an increase in cost directly related to operation of the new Facility, and U) WHEREAS, the Amended and Restated Contract provided that upon completion of the new Facility,the County would increase compensation to the Contractor;.and WHEREAS, the parties agree to enter into this Fourth Amendment to reflect the projected increased costs for operation of the new Facility; and 00 00 WHEREAS,the County desires to revise the non-discrimination clause to correct certain scrivener's errors and update current revisions pursuant to County ordinances;and NOW, THEREFORE, IN CONSIDERATION of the mutual promises contained herein,the parties hereby agree as follows: ' 1 Packet Pg. 686 C.27.c 1. The FKSPCA has built a new and improved Key West Facility pursuant to the terms and conditions of the Amended and Restated Contract and seeks to increase its annual payment amount set forth in Paragraph 2 of the Contract. The Contractor expects to have increased costs to include but not limited to, electric, water, sewer, insurance, maintenance,and staff. 2. Paragraph 3.B.of the Amended and Restated Contract provides as follows: "Upon completion of the Facility and issuance of a Certificate of Occupancy �s (CO), the County in consideration of additional cost directly related to operation of lire ne►v Facility, i.e. increased staffing, utilities, insurance, repairs and maintenance, will increase compensation, in an amount to be detennined, on a reimbursement basis in compliance ivith the provision for payment as set forth in LO It- paragraph 2 above. Additionally, repairs that are estimated to cost over 00 $1,000.00 and are approved by tlhe Director of Public Works, or designee may be paid directly by the County, and shall be in addition to the total compensation _ amount set forth in paragraph 2." 3. The estimated increase in expenses, based on the current levels as submitted for reimbursement by the FKSPCA in June 2018 and/or quotes obtained by the FKSPCA for certain services,are as follows: 0 0 A. The current electric utility costs allowable are up to Twelve Thousand, Seven 0 Hundred Fifty-six and 00/100 ($12,756.00) Dollars per year as part of its normal current stipend. The projected maximum allowable annual amount, which are documented and exceed the current amount, will be up to Forty-seven Thousand Two Hundred Forty-four and 00/100($47,244.00)Dollars. B. The current water utility costs allowable are up to Four Thousand Two Hundred Thirty-six and 00/100 ($4,236.00) Dollars per year as part of its normal current `: stipend. The projected maximum allowable annual amount, which are documented and exceed the current amount, will be up to Two Thousand Sixty- four and 00/100($2,064.00)Dollars. C. The current sewer utility costs allowable are up to Six Thousand Six Hundred Twelve and 00/100 ($6,612.00) Dollars per year as part of its normal current stipend. The projected maximum allowable annual amount, which are documented and exceed the current amount, will be up to Three Thousand Two Hundred Eighty-eight and 00/100($3,288.00) Dollars. D. The current insurance costs allowable are up to Fourteen Thousand and 00/100 00 ($14,000.00) Dollars per year as part of its normal current stipend. The projected 00 maximum allowable annual amount, which are documented and exceed the current amount, will be up to Fifty-two Thousand and 00/100 ($52,000.00) Dollars. E. The current costs for maintenance agreements for HVAC,elevator, generator, fire sprinklers, fire alarms, roofing, irrigation, telephone,janitorial services in public areas, and other similar items will also be increased at the new Facility. The projected maximum allowable annual amount, which are documented and exceed 2 Packet Pg. 687 C.27.c the current amount, will be up to Fifty Thousand One Hundred and 00/100 ($50,100.00)Dollars. F. The current staffing required for the new Facility will increase due to the increased square footage and the required cleaning procedures, in addition to the increased capacity of housed animals and the additional care that will be required. The projected maximum allowable annual amount, which is documented, will be up to Forty-two Thousand and 00100 ($42,000.00) Dollars, which includes salary U and benefits,for one additional full-time employee. 4. Paragraph 2 of the Amended and Restated Contract, as thereafter amended, is U amended to read as follows: �s 2. AMOUNT_OF AGREEMENT/AVAILABILITY OF FUNDS; LO Ir- The County, in consideration of the Contractor substantially and satisfactorily 00 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 Seven Hundred Thirty-seven Thousand Three Hundred Eleven and I I/100 ($737,31 IA 1) Dollars per year on a � reimbursement basis equal to 1112 of this amount or Sixty-one Thousand Four Hundred Forty-two and 59/100 ($61,442.59) Dollars per month, subject to the specific limitations as delineated in paragraph 3 of this Fourth Amendment as to the U) line item expenses set forth herein. If a reimbursement request is less than the per month reimbursement amount of$61,442.59, the unused balance will be rolled over U) and available for future reimbursement request. The remaining provisions of Paragraph 2 shall remain unchanged. 5. The "All Risk Property Insurance" provision of Paragraph 9 of the Amended and Restated Contract, as thereafter amended, is amended to add the following as additional language and said provision is amended to read as follows: All Risk Proaerty Insurance "All risk" property insurance, including theft coverage, written at replacement cost value and a replacement cost endorsement insuring CONTRACTOR'S improvements and betterments, fixtures, furnishings,equipment and any other property belonging to CONTRACTOR. ' The CONTRACTOR shall obtain an appraisal five (5) years from the date of this00 Fourth Amendment and every five (5) years thereafter to determine the current00 "replacement cost value" of the CONTRACTOR'S improvements and betterments, fixtures, furnishings, equipment and any other property belonging to CONTRACTOR, and provide the appropriate insurance based on the replacement cost value provided in such appraisal. 3 Packet Pg. 688 C.27.c 6. Paragraph 16, NON-DISCRIMINATION. of the Amended and Restated Contract, is hereby amended to correct certain scrivences errors and update current revisions pursuant to County ordinances and is amended to read as follows: 16. NON-DISCRIMINATION: County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action of the part of any party, effective the date of the court order. County or Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to 00 nondiscrimination. This include but are not limited to: 1) Title VII of the CivilIt- LO Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of 00 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 4- prohibits discrimination on the basis of age; 5) The Drug Abuse Office and U) 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 patient records; 8)Title VIII of Civil Rights Act of 1968(42 USC s.et seq.),as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination of the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may 00 apply to the parties to,or the subject matter of, this Agreement. 00 7. The provisions of this Fourth Amendment to the Amended and Restated Contract shall become effective as of October 1,2018, or upon the issuance of a Certificate of Occupancy by the City of Key West to the Contractor,if such Certificate has not been issued as of October 1, 2018, and continue thereafter until revised by the parties hereto. 4 Packet Pg. 689 C.27.c 8. In all respects, the remaining terms of the Agreement entered unto on May 1, 2014, and as amended on April 20, 2016, November 22, 2016, May 17, 2017, and May 16, 2018, not inconsistent herewith,shall remain in full force and effect. �s 1I ESS WHEREOF, the parties have hereunto set their hands and seal, the day a ritten above. G . -.- BOARD OF COUNTY COMMISSIONERS @o4T rt1t. h MADOK,CLERK OF MONROE FL DA IN apNy i LO �a 1 +a B. -� By. 00 Deputy Clerk Mayor Date: S zo(S Date: S ° Messes forONTRACTOR: CONTRACTOR: �` c, THE FLORID S SOCIETIY FOR a THE PRE N I N OF CRUELTY TO c M J AN LS, U Uj i tore o ig lure of person authorized D e t I gaily bind Corporation P nt Na "00 Dat Print Name Title A dress:�2 Signatu e 00 00 Print Name Date Telephone Number Cv 4i i,AHN GABRIELLA WEST MO. OE COUNTY ATTORNEY-S OFFICE MY COMMISSION#GG 209257 PPFPVEP AST R �a EXPIRES;April 19,2022 •��FOP F�,�a'' Bonded Thru Notary Public Underwriters ATRICIA EABLES- 5 ASSISTANT OU A RNEY� DATE ---- Packet Pg. 690 C.27.c RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADM NISTRATION MANUAL General Insurance Requirements for Animal Control Contracts As a pre=requisite of the work governed, or the goods supplied under this contract(including the pre- staging of personnel and material),the Contractor shall obtain, at his/her own expense,insurance as specified in any attached schedules,which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative,the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. 63, LO The Contractor will not be permitted to commence work governed by this contract(including pre 17 - staging of personnel and material)until satisfactory evidence of the required insurance has been 00 furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor 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 J change, or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the 2 County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. 00 The Monroe County Board of County Commissioners,.its employees and officials will be included as 00 "Additional Insured" on all policies, except for Workers'Compensation. cv Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. EXHIBIT"B" PAGE 1 - Packet Pg. 691 C.27.c ANIMAL CONTROL ERRORS AND OMISSIONS LIABILITY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT C14, BETWEEN MONROE COUNTY,FLORIDA t AND Prior to the commencement of work govemed by this contract,the Contractor shall obtain Animal Control Errors and Omissions Liability Insurance. Coverage shall be maintained throughout the life of 00 the contract and include, as a minimum: LO • False Arrest,Detention or Imprisonment 00 • Malicious Prosecution • Wrongful Entry and Eviction • Assault and Battery • First Aid E&O • False or Improper Service of Process • Violation of Property Rights • Violation of Civil Rights U) The minimum limits acceptable shall be: $1,000,000 Combined Single Limits(CSL) An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy,its provisions should include coverage for claims filed on or after the effective date of this contract. In addition,the period for which claims may be reported should extend for a minimum of twelve(12)months following the termination of the contract. The policy shall not exclude claims or have coverage limitations relating to occurrences caused by or related to animals. U) 2 The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 00 00 cv 4i ANIMALE&O PAGE 2 Packet Pg. 692 C.27.c EMPLOYEE DISHONESTY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT BETWEEN MONROE COUNTY,FLORIDA AND Cn The Contractor shall purchase and maintain, throughout the term of the contract, Employee Dishonest, Insurance which will pay for losses to County property or money caused by the fraudulent or dishonest acts o the Contractor's employees or its agents, whether acting alone or in collusion of others. 00 The minimum limits shall be: J $100,000 per Occurrence , 0 0 U U 04 4j U ED2 PAGE 3 Packet Pg. 693 C.27.c GENERAL LIABILITY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT BETWEEN MONROE COUNTY,FLORIDA AND Prior to the commencement of work governed by this contract,the Contractor shall obtain General Cn Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations LO • Products and Completed Operations 00 Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $1,000,000 Combined Single Limit(CSL) If split limits are provided,the minimum limits acceptable shall be: U $ 500,000 per Person LO $1,000,000 per Occurrence 0- $ 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 termination of the contract. The policy shall not exclude claims or have coverage limitations relating to occurrences caused by or related to animals. � The Monroe County Board of County Commissioners shall be named as Additional Insured on allLO policies issued to satisfy the above requirements. 00 00 U GLAnimals PAGE 4 Packet Pg. 694 C.27.c VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT 04 BETWEEN MONROE COUNTY,FLORIDA ANDCn Prior to the Organization taking possession of the vehicles governed by this agreement, the Organization shall purchase Vehicle Liability Insurance and Auto Physical Damage Insurance. Coverage shall be maintained throughout the life of the Agreement and include, as a minimum, liability coverage for: LO 00 • Owned,Non-Owned, and Hired Vehicles • Physical Damage Protection The minimum limits acceptable shall be: $1,000,000 Combined Single Limit(CSL) ACV for Physical Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all 0 policies issued to satisfy the above requirements. In addition,the Monroe County Board of County Commissioners shall be named as"Loss Payee"with respect to the physical damage protection. U 00 00 U VL1 PAGE 5 Packet Pg. 695 C.27.c WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT C14 BETWEEN MONROE COUNTY,FLORIDA AND Hs Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' (n Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers'Liability Insurance with limits of not less than: LO $100,000 Bodily Injury by Accident 00 $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the State of Florida, and the company or companies must maintain a minimum rating of A-VI, as assigned by the AM. Best Company. U) 0 If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to U) submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition,the Contractor may be required to submit updated financial statements from the fund upon request from the County. E 4i WC1 PAGE 6 - Packet Pg. 696 C.27.c ALL RISK PROPERTY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL SHELTERS/ COUNTY-OWNED PROPERTY BETWEEN MONROE COUNTY,FLORIDA AND �s Prior to the Organization/Individual taking possession of the property governed by this lease/rental agreement,the Organization/Individual shall obtain All Risk Property Insurance(to include the perils of Flood and Wind)with limits no less than the Replacement Cost Value of the property leased or rented. Coverage shall be maintained throughout the life of the Lease/Rental Agreement and include, as a. LO minimum, liability coverage for: 00 Fire Lightning Vandalism Sprinkler Leakage Sinkhole Collapse Falling Objects Windstorm Smoke Explosion Civil Commotion Aircraft and Vehicle Damage Flood The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss Payee on all policies issued to satisfy the above requirements. c� U) a® aE 00 00 cv 4i PAGE 7 Packet Pg. 697 C.27.c MONROE COUNTY,FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION C14, MANUAL Indemnification and Hold Harmless for Animal Control Contracts IL �s IL The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury(including death), personal injury, and property damage(including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees)which arise out of, in connection with, or by reason of services provided by LO the Contractor or any of its Subcontractor(s)in any tier, occasioned by the negligence, errors, or other 00 wrongful act or omission of the Contractor or its Subcontractors in any tier,their employees, or agents. In the event the completion of the project(to include the work of others)is delayed or suspended as a result ofthe Contractor's failure to purchase or maintain the required insurance,the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The extent of liability is in no way limited to,reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 0 a 00 00 N c� TCS PAGE 8 - Packet Pg. 698 C.27.c MONROE COUNTY,FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County,to deviate from the Cn standard insurance requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney,the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. LO Specifically excluded from this authorization is the right to waive: 00 • The County as being named as an Additional Insured-Ifa letter from the Insurance Company(not the Agent)is presented, stating that they are unable or unwilling to name the County as an Additional Insured,Risk Management has been granted the authority to waive this provision. and U • The Indemnification and Hold Harmless provisions U Waiving of insurance provisions could expose the County to economic loses For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirements form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved,the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of 2 the Courts. Should Risk Management deny the Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains.the final decision making authority. 00 00 4j U PAGE 9 Packet Pg. 699 C.27.c MONROE COUNTY,FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements,as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. Contractor: 06 Cn Contract for: Address of Contractor: LO 00 Phone: Scope of Work: 0 0 0 U Reason for Waiver: 0 U Policies Waiver will apply to: Signature of Contractor: 0 Approved Not Approved 0 Risk Management 0 Date County Administrator appeal: Approved: Not Approved: 00 00 Date: 00 N Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: U PAGE 10 -- Packet Pg. 700 C.27.c FLOR-46 ,acoRO® CERTIFICATE OF LIABILITY INSURANCE DATE 09/06/2018Y) 09/06/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on04 this certificate does not confer rights to the certificate holder in lieu of such endorsements. y, PRODUCER 305-294-7696 CONTACT NAME: Atlantic Pacific-Key West PHONE 305-294-7696 FAX 305-294-7383 1010 Kennedy Dr,Suite 203 (A/C,No,Ext): (A/C,No): Key West,FL 33040 ADDRIESS:chernandez@apins.com Christine Y.Hernandez t3 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Mt. Hawley Insurance Co. 37974 INSURED Florida Keys S.P.C.A. INSURER B: 5230 College Rd Key West,FL 33040 INSURER C: INSURER D: Cn INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS r CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, oo EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS-MADE OCCUR y OPC0001177 11/29/2016 10/01/2018 DAMASESOoccurrence)RENTED ce $ X Owner/Cont Prot. MED EXP(Any oneperson) $ tm PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 O POLICY❑JE LOC PRODUCTS-COMP/OPAGG $ OTHER: S 0 O AUTOMOBILE LIABILITY C e aacl deDtSINGLE LIMIT $ O ANY AUTO BODILY INJURY Perperson) $ OWNED SCHEDULED M AUTOS ONLY AUTOS BODILY INJURY Per accident $ L AT OS ONLY AUU.TOS ONLYY AP Pe�accRdent AMAGE $ ISK AGE .® s UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE DATE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION I PER U ORTH- AND EMPLOYERS'LIABILITY Y I N OFFICER/MEMBER EXCLUDEDANY ? ❑ N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIP71ON OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Cq re:5711 College Rd, Key West,FL 33040-Monroe County Board of County Commissioners CERTIFICATE HOLDER CANCELLATION MCBCCOM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ty ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West,FL 33040 ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 701 C.27.c OP ID:CH AC®RO® CERTIFICATE OF PROPERTY INSURANCE D 0 106/201 YY) 09/06/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. PRODUCER CONTACT r NAME: Atlantic Pacific-Key West PHONE 306-294-7696 FAX 305-294-7383 Y A/C No Ext: AIC No: �, 1010 Kennedy Dr,Suite 203 E-MAIL chernandez@apins.com Key West,FL 33040 ADDRESS: Richard Horan PRODUCER FLOR-46 C STOMER ID: INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A,Lloyd's of London Florida Keys S.P.C.A. Citizens Insurance Company 5230 College Rd INSURER B: Key West,FL 33040 INSURER C:Florida Family Insurance INSURER D: INSURER E Cn INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: LOCATION OF PREMISES I DESCRIPTION OF PROPERTY(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) 5230 College Rd Key West, FL 33040 Monroe County§oard of County Commissioners are listed as additional insured tl) THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS LTR DATE(MM/DD/YYYY) DATE(MM/DD/YYYY) (D A X PROPERTY LOL013196 07/12/2018 07/12/2019 Y BUILDING S 120,00 CAUSES OF LOSS DEDUCTIBLES Y PERSONAL PROPERTY S Z6,00 BASIC BUILDING 1,000 00023680 07/03/2018 07/03/2019 BUSINESS INCOME $ BROAD CONTENTS EXTRA EXPENSE $ Lh X SPECIAL 1,000 RENTALVALUE $ 0 EARTHQUAKE BLANKET BUILDING $ 0 Lh B X WIND 4,140 00023680 07/03/2018 07/03/2019 BLANKET PERS PROP $ M FLOOD BLANKET BLDG&PP $ L_ U Y Wind-Bldg $ 138,00 ,r- Opp Y Wind-Cts $ 21,00 INLAND MARINE TYPE OF POLICY ` $ CAUSES OF LOSS BY $ NAMED PERILS POLICY NUMBER DATE $ $ CRIME $ TYPE OF POLICY $ S BOILER&MACHINERY/ B Wind-Bldg-Cat $ 32,00 u) EQUIPMENT BREAKDOWN B Wind-Bldg-Dog $ 32,U0 0 Flood 09115047766408 07/01/2018 07/01/2019 Y Flood-Bldg $ 100,30 C Y Flood-Contents $ 21,00 SPECIAL CONDITIONS/OTHER COVERAGES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) (C)-Flood-Cat shelter Bldg-$25,000;Cts-$5,000 Policy#1068818467$1600 ded. Co (C)-Flood-Dog Shelter Bldg-$25,000;Cts-$5,000 Policy#1068818468$1600 ded. (B)-Wind-Cat+Dog Shelters each Bldg-$32,000;each Cts-$5,000$1,000 ded.eachCo CERTIFICATE HOLDER CANCELLATION MCBCCOM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County ACCORDANCE WITH THE POLICY PROVISIONS. O Commissioners 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West, FL 33040 ACORD 24(2016/03) ©1995-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 702 C.27.c FLOR-46 ,d►coRO° CERTIFICATE OF LIABILITY INSURANCE DATE / 09/0606/2018Y) 018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on04 this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER 306-294-7696 CONTACT Atlantic Pacific-Key West NAME:PHONE 305-294-7696 FAX 306-294-7383 1010 Kennedy Dr,Suite 203 (A/C,No,Ext): (A/C,No): Key West,FL 33040 AI oRIESs:chi-r-n—andez@apins.com 06 Christine Y.Hernandez 0 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Penn-America Insurance Co 32859 INSURED Florida Keys S.P.C.A. INSURER B:Progressive Express 10193 5230 College Rd Evanston Insurance Co. 35378 Key West,FL 33040 INSURER C INSURER D:Old Dominion Insurance Co. 46231 06 Cn INSURER E: 11150 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS LO LO CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP XL (MMI13DIYYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 CLAIMS-MADE X OCCUR PAV0161601 07/01/2018 07/01/2019 PREMISES DAMAGE TO 300,00 Y REM S a occu e $ � MED EXP(Any one erson $ S,OQ i PERSONAL BADVINJURY $ 2,000,0C GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,OC _ POLICY❑JE� �LOC PRODUCTS-COMP/OP AGG $ include OTHER: $ 0 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,0C U Ea accident) $ (1) ANY AUTO Y 06456454-6 06/30/2018 06/30/2019 BODILY INJURY Perperson) $ Lh OWNED SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY Per accident $ AUT OS ONLY AUTOS ONLY era cEc cl nt AMAGE $ r� UMBRELLA LIAR HOCCUR V Y RI EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE BY C AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Es. T E ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WAIVER NI E.L.EACH ACCIDENT $ Mandatary In NH)EXCLUDED? N I A E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Equipment Floater IMS40287 08/01/2018 08/01/2019 Vet Equip 31,83 D Bond F271572 06/26/2018 06/26/2019 Empl Dis. 100,00 � DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) 1Arch Insurance-Directors 8r Officers-$1,000,000 $5,000 retention 18-7/1/19 co co CERTIFICATE HOLDER CANCELLATION MCBCCOM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board Of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ty ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West, FL 33040 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD Packet Pg. 703 C.27.c Ac R® CERTIFICATE OF LIABILITY INSURANCE DATE(M[MfDD"YYy) �✓ ]0/1212018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS::NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND.OR.ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certficate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate.does not confer rights to the certificate holder in Iieu.of such endorsement(s).. PRODUCER / y y� CONTACT SUNZ Insurance Solutions,LLC. ID: K mberi NAME: Phil Martina c/o Kymberiy Group Payroll Solutions, Inc. PHONE FAX 3218 E.Colonial Drive; Ste F Ern,L 407-22$s42s ,uc Ne Orlando,FL 32803 ADDRESS: -INSURER'S AFFORDINGCOVERAGE - NAICO INSURER A. SUNZ Insurance Com.pany 34762 INSURED INSURER B: Kyymberl Group Payroll Solutions, Inc. 3218 E Colonial Drive INSURERC: Suite F INSURER D: Orlando FL 32803 IrIsuRERe: INSURER F COVERAGES CERTIFICATE NUMBER:44873606 REVISION NUMBER: THIS IS TO CERTIFY THAT,THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY.PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT To ALL THE TERMS, co EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMIT$SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1L7R TYPE OF INSURANCE ADDL SUBR POUCYNUMBER MWDD YYY MMMIDD YY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR OAMAG TO RENTED PREMISES Ea occurrence $ (D MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIESPER: GENERALAGGREGATE S POLICY JECT LOC AP.P V Y RISI 1��EIV ENT PRODUCTS-COMPIOPAGG $ Lh OTHER $ .. O O AVTOTAOBILELIABILITY - COMBINED SINGLE LIMIT $ - Oy Eaaccidant ANY AUTO Lh BODILY INJURY(Per person) S OWNED .. SCHEDULED - - AUTOS ONLY AUTOS l WAIVER WA- YES BODILY INJURY-(Per accident)..5 HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Par acddent °® UMBRELLALIAB OCCUR to 1, EACH OCCURRENCE $ EXCESS I" CLAIMS•MADE AGGREGATE -$ DED RETENTIONS $ .- o DMPEN A'° WC010-00001-018 3/1/2018 3/1/2019 PER oTH- LE►PL � vu ✓ STATUTE ER ANYPROPRIETORIPARTNERIEXECUTN EtL., H!,>,G-IDE ,i,.` 1.0OOl)OO" OFFICERIMEMBEREXCLUDED? NIA - - =}- (Mandatory to NH) E OIS _EA YE If.yes;'descabe under DESCRIPTION OF OPERATIONS below 0 Ag IS ,SE,_POLI.GYa WII 15i1.O)70r, II,'' . Lh (D DESCRIPTION OF OPERAT16NS I LOCATIONS/VEHICLES(ACORD 101,Additional.Remarks Schedule,may be attached If snare space Is required) Coverage provided for all leased.einployees but not subcontractors of:Florida Keys Society for the Prevention of Cruelty to Animals,Inc Client Effective:6/30/2014 Reference site:.Monroe County BOCC CERTIFICATE HOLDER CANCELLATION 1.123 Monroe County BOCC SHOULD ANY OF THE ABOVE DES¢RIBED POLICIES BE CANCELLED BEFORE ty THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED_ IN 'I 100 SimOnton St. ACCORDANCE WITH THE POLICY PROVISIONS. O Key West FL 33040 AUTHORIZED REPRESENTATIVE Glen J Distefano. 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 26(2016103). The ACORD name and logo are registered marks of ACORD 44a73606 I-Hymberly Group Payroll PEO 010 MASTER CERT I Phil Martina 1 10/12/2018 12:22:30 PM (CDT) I Page 1 of 1 Packet Pg. 704 C.27.c FLOR-46 CERTIFICATE OF LIABILITY INSURANCE DAT100lY 1 0=1251Z01 8 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. CD If SUBROGATION iS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on C14 this certificate does not confer rights to the certificate holder In Ileu of such endorsements. PRODUCER 305-294-7696 kwCT Atlantic Pacific-Key West NE 305-294.7696 F 305-294-7383 1010 Kennedy Dr,Suite 203 c No,Ern: �e.Nw Key West,FL 33040 .cnemanciezgapins.com Christine Y.Hernandez O INSURER A:Mt Hawly Insurance Co. 37974 wuRED Florida Keys S.P.C.A. V4SUPERB: 5230 College Rd Key West,FL 33040 INSURERc' INSURERD: INSURER E: INSURER F: NUMBER,COVERAGES "BI]EIrcall V I N NUMBER; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDWG ANY REQUIREMENT,TERM OR,CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 00 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CD TYPE OF WOURANCE POLICY NUMBEROL PMip EFF P EXP LIMITS X COMMERCIAL GENERAL LIABILITY 1,006,000 EACH OCCURRENC(; S ' CLAIMSMApEOCCUR Y OPCOOD1177 1112812018 1110112018 DAMAG@TORENTED S X Owner/Copt Prot. „. PERSONAL 6 ADV INJJRY S G NI AGGREGATE LIMIT APPLIES PER GEr ERAL AGGRFrYATE 2,000,006 POLICY❑j LOC xg=0S_-C 0AP-10 P OTHER AUTOMOBILE LIABILITY EN SINGLE LIMIT S� OWNED SCHEDULED Y F`iTs?9!�f;F2! E AUTOS ONLY AUTOS 80DILY INJURY Mw wiLis n S H�Ep NOoNN.5 N OPER DAMAGE AUTOS ONLY AOTO tO t er ear m S Im a® UMBRELLA LIAR _ OCCUR EACYi OCCURRENCE S 883 EXCESS u" CLAIMS-MADE Syr IS I AGGREGATE S M yy� PEED o �REET/EXTTIIONS AND EMPLOYE'LIASILITY FFR OTH• AW OFRCRE�Yt I EKCLU VE NIA �T �' E L.EACH ACCIDENT f 1p yy96C.destribB urn Ider WAM Y�. E.I..D1S=ASF,.EA EMP OYFE S WsrcRIPTION OF OPERATIONS l,- EL DI"EARIF.P5LICY LIMIT U8 DESCRFMN OF OPERATIONS I LOCATIONS I VEHCLES(ACORD 101,Addltlariat Remarks Schedule,may be attached r more apace Is required) re:5711 College Rd,Key West,FL 33040-Monroe County Board of County 0 Commissioners I I ERTIFICATE HOLDER CANCELLATION cv MCBCCOM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 4) THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton Street Key West,FL 33040 "�PoZEDREPRESENrATNE ACORD 25(2016103) (D1988-2015 ACORD CORPORATION. AN rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 705 C00 Kevin Madok, CPA Clerk of the Circuit Court& Com troller— Monroe Count Florida Y1 DATE: June 11, 2018 TO: Tina LoSacco, Sr. Technician Wastewater FROM: Pamela G. Hancock, Deputy ClerkFL SUBJECT: May 16' BOCC Meeting Attached is an electronic copy of the following Items, for your handling: cas C6 First Amendment Contract with Florida Keys Society for Prevention of Cruelty to Animals, .� Inc. for operation of the Marathon Animal Shelter reflecting a CPI-U increase of 2.1% effective 63 May 1, 2018. The agreement amount will increase to $434,435.50/year or$36,202.96/month. eO C7 Third Amendment to the Amended and Restated Agreement with Florida Keys Society for Prevention of Cruelty to Animals, Inc. for the Key West Animal Shelter reflecting a CPI-U increase of 2.1% effective May 1, 2018. The agreement amount will increase to$540,615.12/year or $45,051.26/month. A a Should you have any questions,please feel free to contact me at ext. 3130. Thank you. LO 00 cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 706 THIRD AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) THIS THIRD AMENDMENT TO AMENDED AND RESTATED AGREEMENT is entered into this 16th day of May, 2018, between Monroe County Board of County Commissioners ("County"), and Florida Keys Society for Prevention of Cruelty to Animals, Inc., a Florida not-for-profit corporation ("FKSPCA" or "Contractor"), in order to amend the Amended and Restated Agreement entered into on May 1, 2014, ("Agreement"), and as amended on April 20, 2016, and May 17, 2017; WHEREAS, the parties entered into an Amended and Restated Agreement on May 1, 2014, for the FKSPCA to provide long-term animal control services and enforcement and to 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 a. 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 63, WHEREAS, the FKSPCA has timely requested a CPI adjustment as allowed under the LO Agreement; and �s NOW, THEREFORE, IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: r_ 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 11/100 ($540,615.11) Dollars per annum or Forty-five Thousand Fifty-one and 26/100 ($45,051.26) Dollars per month. 2. In all other respects, the remaining terms of the Agreement entered into on May 1, 2014, as amended, not inconsistent herewith, shall remain in full force and effect. LO 00 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 1 of 2 THIRD AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) Packet Pg. 707 A C.27.d THIRD AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) 1 3 SS WHEREOF, the parties have caused these presents to be executed in the S mes. 1 O C P ADOK, CLERK BOARD OF COUNTY COMMISSIONERS 04 OF MONROE , FLUaIDA By: &-L2 By: Deputy Clerk Mayor/Chairman Date: l L I IL Cn r r r CONTRACTOR: Wi !'s Signature THE FLORIDA KEYS SOCIETY FOR THE PREVENTION OF CRUELTY TO Pri ame . Date ANIMALS, INC. �itnes ig ature By: G ZU 18 Director/Treasurer Print Name Date Date: S1ll Address: 2 3 o w ` LO U-! nr LL15 00 00 MONROE COUNTY ATTORNEY'S OFFICE � /) PPROVED ASa'O F PATRICIA EABLES ASSISTANT COUNTY ATTORNEY DATE: ( —A U Page 2 of 2 THIRD AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) Packet Pg. 708 C.27.e KEVIN MADOK, CPA MONROE COUNTY CLERK OF THE CIRCUIT COURT&COMPTROLLER DATE: May 25, 2017 TO: Alicc Stcryou Contract Monitor FROM: Pamela G. Hanco��kc- SUBJECT: May 17di BOCC Mecting N Attached is a duplicate original, ol'each oi'the below, for your handling: C34 Sixth Amendment to the Assigned Agreement with The Florida Keys Society for Prevention of FL 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 feel free to contact ine at ext. 3130. Thank you. ' as U) cc: County Attonicy j e-mail a Finance rla e--ruail E E File cv LO cv Packet Pg. 709 SECOND AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) THIS SECOND AMENDMENT TO AMENDED AND RESTATED AGREEMENT is entered into this 17th day of May, 2017, between Monroe County Board of County Commissioners ("COUNTY"), and The Florida Keys Society for the Prevention of Cruelty to Animals, Inc. ("FKSPCA"), ("Contractor"), in order to amend the Amended and Restated Agreement entered into on May 1, 2014, ("Agreement") as follows; WHEREAS, the parties entered into an Amended and Restated Agreement on May 1, 2014, for the FKSPCA to provide long-term animal control services and enforcement and to build a new Key West animal shelter pursuant to the provisions of F.S. Sec. 287.05712; and WHEREAS, the terms of the agreement provide that the contract amount may be IL adjusted annually by the percentage change in the Consumer Price Index (CPI) for all urban U consumers (CPI-U) for the most recent twelve (12) months available ending in December of each year ; and IL WHEREAS, the FKSPCA has timely requested a CPI adjustment as allowed under the cas Agreement; and LL FL 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, 2016. Effective May 1, 2017, the total compensation paid to the Q = Contactor for its services under this agreement shall be Five Hundred Twenty-nine E o Thoemand Four Hundred Ninety-five and 80/100 ($529,495.80) Dollars per annum or Fog5afour Thousand One Hundred Twenty-four and 65/100 ($44,124.65) Dollars per cc at m i. LO c�o Inxil respects, the remaining terms of the Agreement entered into on May 1, 2014, o = nc onsistent herewith, shall remain in full force and effect. Z L '. NESS WHEREOF, the parties have caused these presents to be executed in the rsxla r ' � W CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORID BY: „/� Bye" Deputy Clerk Mayor/Chairman Date: 5117/z o -7 MONROE COUNTY ATTORNEY'S OFFICE Page 1 of 2 A PROVER AS P & PATRICIA EAB ASSISTANT COUNTY Packet Pg. 710 DATE: _ sq Wit ss Signature THE FLORIDA KEYS SOCIETY FOR W� s 1'7 THE PREVENTION O UELTY TO P ' t Name ba ANIMAL G; \� 1r) _ W'tness Signat e By: -:ACvt4ouk President Print Name Date Date: cv Address: CL w CL C4 LO C Page 2 of 2 Packet Pg. 711 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 cv 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 i 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 Q. Qs no later than January 31; and FL 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 U) 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: 17 1. 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 cv 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 E $43,217.09 per month. c 2. Paragraph 4, RENIWAL 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 1st. Failure to timely request annual CPI adjustments will result in waiver of the CPI adjustment for that year. 3. The Section titled `Insurance Re uirernents for Contractors and Subcontractor Engaged b the FKSPCA°' Under Paragraph 9 shall be amended by adding the following language: The FKSPCA, its Contractors and Subcontractors will be held 1 Packet Pg. 712 1 C.27.f 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 BOARD OF COU TY" COMMISSIONERS � OF MONROE F OR1D, cv ut erk- a y airmanIL Date: IL Is W tiless ,, igi �AU111y1. THE FLORIDA KEYS SOC 9 . "Y FOR THE PREVENTI�( " O1 ." IELTY TO NI LANName Date A.NI 'I.AI. '„ NC. r witil w ss Si g tur By: _...........m ,. _. president Print Name Date . Date: ...... __ Addres, 2 Packet Pg. 713 C.27.g 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 1T,62007 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 IL IL 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 Cv CD WHEREAS, the City of Key West has amended its 99-year Lease Agreement with the County to Iq 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 LO 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 `N into this agreement in consideration of that promise; NOW THEREFORE, in consideration of the mutual promises and considerations, the parties agree to enter into a comprehensive agreement and amend and restate the contract as follows: 1. TERM OF AGREEMENT This agreement shall be for a period of 20 years beginning May 1, 2014 and ending at 12:00 midnight on April 30, 2034.The term of this agreement shall be renewable in accordance with Section IV. 1 Packet Pg. 714 C.27.g 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. cv 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 CL Contractor. The Board shall not be obligated to pay for any services or goods provided by the W Contractor after the Contractor has received written notice of termination, unless otherwise required by law. Cv 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 LO 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)- `N (f) on an annual basis and upon request by the County. Payments are subject to this information being provided on an annual basis or upon request by the County. (a) IRS Letter of Determination indicating 501(c)(3)status; (b) List of the Organization's Board of Directors of; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) IRS Form 990 from most recent fiscal year for all organizations; (e) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition,and process for election of officers; and 2 Packet Pg. 715 C.27.g (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: cv 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. IL i. STAFF: The Contractor will fully staff, operate and perform all current functions cn 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 `d 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 LO procedures, including but not limited to F.A.C. 1OD-3.091, Procedures for Control of Specific Communicable Diseases and Chapter 64B16-29, Animal cv Control Shelter Permits. iii. CARE OF ANIMALS: The Contractor will receive and properly confine all animals that are brought to the Shelters or which become the responsibility of the Shelters. All animals in the custody of the Contractor shall have a constant supply of fresh water and be fed a diet appropriate for their species, breed, age and physical condition. Each shelter facility has a perimeter fence to confine all animals to the facility grounds and to restrict wildlife from accessing the property; in this regard, Contractor is not to place food or water outside of the Shelter's fenced area(s) unless it is in an appropriate cat or raccoon trap. 3 Packet Pg. 716 C.27.g 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 IL in place for flea and tick control. The Contractor shall provide FIV and �e 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 cv 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 LO Public Works or designee. 3. The Contractor shall enforce the provisions of the contract, including, but not limited to, taking any action necessary to ensure that an adopted animal is spayed or neutered and licensed prior to releasing the animal or transferring ownership to its adopter. v. ISSUANCE OF COUNTY LICENSES: The Contractor will issue license certificates and corresponding tags for dogs, cats and ferrets as required by the Monroe County Code and collect and remit to the County the fees established by the County Resolutions attached hereto as Exhibit "B." The Contractor will be responsible for determining that all requirements have been satisfied by an applicant prior to issuing a license certificate and shall remit all fees to the County. The license certificates and corresponding tags are numbered and 4 Packet Pg. 717 C.27.g 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 FL 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 IL 6. Training provided* shall include: a) Shelter Policies& Procedures (required of all staff, including volunteers) b) Basic Pet Care c) Veterinary Health Care `d d) Animal Behavior e) Animal Handling f) Breed Identification& characteristics g) Obedience Training h) Behavior Problem Solving N 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 LO 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. vii. HOURS OF OPERATIONS: At a minimum: the Shelter shall be open to the public at least 6 days a week and for a minimum of 42 hours each week with an exception for Holidays. The Contractor shall provide the shelter schedule to the Public Works Department. 5 Packet Pg. 718 C.27.g 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 cv 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 amortizationIL 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. cv 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. LO The Contractor shall file on a quarterly basis,the appropriate financial statements that pertain to the Facility and other security as set forth above or that may be required by the County. cv If this agreement is terminated by the County,the Contractor shall be entitled to reimbursement only for the actual cost of work completed in construction of the Facility, including architecture fees and permits fees.The total reimbursement will not exceed the total cost of the construction minus depreciation, using a straight-line method of depreciation and will be amortized over a period of 30 years.After 30 years,the Contractor will not be entitled to any reimbursement for construction and the Facility and any improvements to the Relocated Premises becomes the property of Monroe County. The County grants and authorizes the Contractor to use and develop the Relocated Premises described as Schedule B in the Amended and Restated 99-year Lease Agreement with the City of 6 Packet Pg. 719 C.27.g 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 Cv 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. LO 2. Emergency services (24-hours per day/7-days a week)for Priority One calls which are: cv a. Injured animal; b. Bite cases; person bit by any warm-blooded creature; E C. Animal bites to other animals; d. Wild animal in home; e. Dangerous dog investigations; f. Animal cruelty investigations; g. Law enforcement requests. 3. Patrolling service area on a regular and consistent basis; 7 Packet Pg. 720 4` Picking up dogs that are running at-large; 5. Picking up cats or raccoons captured in cat or raccoon traps; contractor shall notify the public of the availability of cat and raccoon traps. 6. Non-emergency animal pick up from residential homes during normal operating hours; 7' Picking up dead animals along County or City rights-of-way and arrange for proper disposal|n accordance with all applicable |avvs regulations ^ � Q. Disposing of any animals that are euthanized or that expire while in the care,custody,or � control of the Contractor, in accordance with all applicable laws, regulations and -� ordinances. H: � 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 IL 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 ofFlorida. D. FEES. The Contractor shall collect and remit to the County all funds that are collected for fees, such as license certificates, citations, penalties, adoptions etc., required to be collected pursuant to Monroe County Code Sectionx4-39' 4-45, 4-46 and 4-66, and Monroe County Resolution No. 24O-2006, as amended b* Remo|u�innNns. �86'ZOO6�n� � . � 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 LO ' cash reconciliation forms, daily bank deposit information and original license certificates ~f 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. 8 C.27.g In addition to the transactional fees as set forth in the resolutions and as required to be remitted to the county pursuant to Sec. 4-39, Monroe County Code, the animal control contractors may charge animal owner(s) or potential adopter(s) for services, including sterilization pursuant to Sec. 823.15, Florida Statutes, vaccinations not covered by the County, and any other services provided to the public which are not required by the County contract. The Contractor shall charge no more to the public than the average cost of any of the services provided which are not required under this contract. E. REPORTS On a bi-weekly basis, Contractor shall provide the Director of Public Works or designee with copies of all bite reports and citations that are issued.On a monthly basis, Contractor shall submit a statistical report utilizing the form marked as Exhibit "G4"as same may be amended from time to time. F. _HURRICANE OR OTHER NATURAL DISASTER: In the event of a hurricane or other natural disaster,the Contractor shall make its best efforts to properly house and care for all animals. In this regard, the Contractor shall designate sufficient staff who will be able to remain in the County hurricane or similar natural disaster to care during the disaster for the animals which have not been evacuated and after the disaster for animals not evacuated and any animals which are at large. The Contractor will supply those employees' names, addresses and telephone numbers to the County Administrator who may,at his discretion, require the Contractor to have the listed cv 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: `O 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 N 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 E approvals shall be submitted to the County upon request.The Contractor has,and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct its business,and that it will at all times conduct its business activities in a reputable manner. 6. INDEPENDENT CONTRACTOR: At all times and for all purposes, the Contractor, its agents and employees are strictly considered to be independent contractors in their performance of the work contemplated hereunder. As such, 9 Packet Pg. 722 C.27.g 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 FL 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 IL County. cis 9. HOLD HARMLESS/INSURANCE REQUIREMENTS: The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County `d 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 LO material),the FKSPCA shall obtain, at their own expense,the types and amounts of insurance specified below,which are made part of this contract. cv The FKSPCA will not be permitted to commence any activities governed by this contract(including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. The FKSPCA shall maintain the required insurance throughout the entire term of this contract. Failure to comply with this provision may result in the immediate suspension of all activities until the required insurance has been reinstated or replaced. The FKSPCA will be held responsible for all deductibles and self insured retentions that may be contained in the FKSPCA's Insurance policies. 10 Packet Pg. 723 C.27.g 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. cv All insurance policies must specify that they are not subject to cancellation, non-renewal, material change,or reduction in coverage unless a minimum of thirty(30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the FKSPCA's insurance shall not be construed as relieving the FKSPCA from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation and Professional Liability coverages. .� Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Specific Insurance Requirements Employee Dishonesty Insurance cv 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 LO Commercial General Liability Insurance cv Prior to the commencement of activities governed by this contract, the FKSPCA shall obtain Commercial General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable shall be: 11 Packet Pg. 724 C.27.g $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 cv 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: (n • 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: LO $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of this contract. All Risk Property Insurance "All risk" property insurance, including theft coverage, written at replacement cost value and a replacement cost endorsement insuring CONTRACTOR'S improvements and betterments, fixtures, furnishings, equipment and any other property belonging to CONTRACTOR Veterinarian Professional Liability Insurance 12 Packet Pg. 725 C.27.g 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 cv 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 IL Is and amounts of insurance. Commercial General Liability Insurance Cv 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 LO $ 1,000,000 per Occurrence $ 100,000 Property Damage cv 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 E period for which claims may be reported should extend for a minimum of twelve (12) months following the final acceptance of the work performed by the Contractor or Subcontractor for the FKSPCA. The County must be named as an Additional insured on all Contractors and Subcontractors Commercial General Liability policies. 13 Packet Pg. 726 C.27.g 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: cv $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 M 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: N $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: LO Theft Aircraft Windstorm Vehicles `d Hail Smoke Explosion Fire Riot Collapse Civil Commotion Flood The policy limits shall be no less than the amount of the finished project and coverage shall be provided on a completed value basis. Property located on the construction premises,which is intended to become a permanent part of the finished structure,shall be included as property covered. 14 Packet Pg. 727 C.27.g 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 cn 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 Iq foregoing requirement,then the Contractor may not accept any donations from that entity. 11. FACILITIES AND EQUIPMENT: N 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. LO If County funds are used to acquire any capital assets,then upon termination or expiration of the contract those assets will become the property of Monroe County, unless otherwise agreed to by the County.The Contractor shall maintain a list of all capital assets even those purchased without County funds, noting whether acquired with County funds or other funding sources and the Contractor shall provide said list to the Public Works Department, as amended,when additional capital assets are acquired. Property acquired with County funds will be inventoried pursuant of Chapter 274, Florida Statutes. All fixtures, equipment, signs and tangible personal property provided by the Contractor and used on the premises by Contractor shall at all times be and remain the property of the Contractor. Contractor shall have the right to remove any such fixtures, equipment, signs or tangible personal property or any 15 Packet Pg. 728 C.27.g 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. N 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 IL Is 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. cv 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 cv 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 `O 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. 16 Packet Pg. 729 C.27.g 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 cv 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 E 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: U) Count and Contractor agree that there will be no discrimination against an y g g y 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 E 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 `O 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 cv 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 E 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 Vill of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to 17 Packet Pg. 730 C.27.g 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 (3 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 (s 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. cv 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 `O 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 cv 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 E Contractor. 19. MEDICAL RESEARCH: In no event shall any animals under the care, custody, or control of the Contractor be given, bartered or sold to any medical research company. 20. CAT/RACCOON TRAPS: 18 Packet Pg. 731 C.27.g 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 theIL facility(ies) periodically to inspect Contractor's maintenance of the premises, and care provided to W 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. cv 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. N 23. TERMINATION WITH CAUSE: U) 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 `O 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 Packet Pg. 732 C.27.g 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. IL is 112.311, et. seq., Florida Statutes. cn 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. Cv 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. `d 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 E 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 `O 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 N 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 E deficiencies in funding. The County/BOCC has the option to reduce the size of the project/The Facility in order to meet any deficiencies in funding. 28. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid,to the other party by certified mail, returned receipt requested,to the following: FOR COUNTY: 20 Packet Pg. 733 C.27.g Monroe County Administrator and Dent Pierce, Director and County Attorney 1100 Simonton Street Monroe County Public Works 1111 12`h St.,Suite 408 Key West, FL 33040 1100 Simonton St., Rm. 2-231 PO Box 1026 Key West, FL 33040 Key West, FL 33041-1026 FOR CONTRACTOR: Florida Keys SPCA 5230 College Road Key West, FL 33040 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: IL c3 This Agreement is governed by the laws of the State of Florida. Venue for any litigation arising under (n 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. cv 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 cv 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. LO (b) He or she is empowered to act and contract for Contractor. (c) This agreement has been approved by the Contractor's Board of Directors. Further, Contractor shall, upon execution of this agreement, provide proof of incorporation and a list of its Board of Directors. 33. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the County and the Contractor for the services contemplated herein. Any amendments or revisions to this agreement must be in writing and be executed in the same manner as this agreement. 34. NON-RELIANCE BY NON-PARTIES: 21 Packet Pg. 734 C.27.g No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent,officer,or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in the Agreement. 35. SURVIVAL OF PROVISIONS: Any terms or conditions of either of this Agreement that require acts beyond the date of the term of the Agreement,shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. IN WITNESS WHEREOF,the parties hereto have executed this Amended and Restated Agreement as of the date first written above. is HEAVILIN, CLERK BOARD OF UN MMISSIONERS ° OF ON COU OID By: °., �••° eputy Clerk ayo hairman C�uhrr M iM•J CONTRACT Attest• N By: By: WITNESS Presiden Florida Keys Society for the Preventi f Cruelty to Animals, Inc. Print Name: By: t_ LLc�r�--- WITNESS eO Print Name: 112 ' we V1 r2.� MONROE COUNTY ATTORNEY APPROVED AS TO FORM: cv CHRISTINE M. L.IMBERT-BARROWS ASSISTAIJT GCU�lTY ATTORNEY Date / -Ilt� 'C:j rQ t U � OCK CO V �— --�0 O W = Z J � 0 i4. 22, _ Packet P 735 �_, g. C.27.g ATTACHMENT A cv cu 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 U a. expense request needs to also contain the following notarized certified statement: W "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's Cv contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. U) 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. `O cv Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter-company allocations are not E considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following Information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Packet Pg. 736 C.27.g 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. (ne A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses `� A user log of pertinent information must be remitted Including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for E a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. LO A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and Packet Pg. 737 C.27.g 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. cv FL IL Cv cv LO CD CD 4i C 0 Packet Pg. 738 C.27.g ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 cv 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 IL I3 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) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D-C) $-X. 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 LO Attachments (supporting documentation) Sworn to and subscribed before me this day of 200_ by who is personally known to me. Notary Public Notary Stamp Packet Pg. 739 C.27.g EXM ff"Er PAGE 1 OF 4 RESOLUTION NO, 5 9 9-21106 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING RESOLUTION Na 386=2M6 TO PROVIDE A THREE-YEAR COUNTY LICENSE FEE FOR CATS THAT ARE NOT SPAYED/NEUTERED. WHEREAS,Resolution 386-2006 was passed by the Board of County Commissioners on September 20, 2006 providing for one-year and three-year County licenses,fees for dogs,cats and ferrets and replacement license; and ao WHEREAS,a scrivences error resulted in the omission of the 3-year County license fee far cats that are"nor FL spayed'neyrered and 6 months ofage or older",2.E(2Xb);and WHEREAS,the animal control contractors report that there are a sufficient number of people selecting the three-year vaccine for their pea to make the alternative three-year license also desirable; NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,that: (n 1. Section 2.E.of Resolution No.386-2006 is hereby amended to read: 2. E. County License: ONE YEAR THREE YEAR (1) Dogs: (a)Animal is spayed/neutered or under 6months of age s10 S20 (b)Animal is not spayed/neutered and 6 months of age or older S35 S75 (2) Cats: (a)Animal is spayedfneutered or under 6moaths of age $10 $20 (b)Animal is not spayed/neutered and 6 months of age or older $35 7' cv (3) Ferrets: $6 $10 (4)Replacement(per mplacement,regardless of years covered) S 2 U) (5) Dogs and cats with microchips or other means of permanent identification and with regi to the or a national identification service current to the owner,shall receive a S5 discount from the annu fe -rt MCI= cm PASSED AND ADOPTED by the Board of County Commissioners of Moaroc q',q F%da,aba meeting of the Board held on the 15th day of November,2006. �n Mayor McCoy Yea S n Mayor Spehar Yea `O Commissioner Neugent Yes n cn Commissioner Murphy Yes ea cv Commissioner DiGennaro Yes BOARD OF COUNTY COMMISSIONERS (Seal) OF MONROE COUNTY,FLORIDA Attest: DANNY L.KOLHAGE,Clerk LL Y Deputy Clerk MONROE COUNTY ATTORNEY Mayor/Chairman AP VED AS TO ZANNE A.HUTTON COUNTYj1kY o.t. Packet Pg. 740 C.27.g EXHIBIT"B" PAGE 2 OF 4 UBO)i.U110ri Na 3"-M A wicsoLUTION OF TES BOARD OF COUNTY COMMMONIM OF 1160NROE COUNTY,KAWaDA.ANINgM RE9OLUTM N0.703M TO MtOVIDE A 73RLS-YEAR ALTFRNATM M'iM DM GAT D ENRW UCOW FIBS. s Wf1®tEA%Raohrtion Na 240-2006 was pasted by the Board of COtmay Cammiaioeers(BOCC)to revise cv the Bxa to be dorpil far varioum animal c i I eavioet;and WIMREA$Braohrlioo No.240a%chmiasted the altandm Ormlest hoease available,is coq action wAh the dn&year Mfrs vaccine which are armed to bole pets;and EL WHERFJL%the amoral control contracmes report dad dicre are a ar8'aaant mmbec ofpeopb aelectift Go tbreo-w vaccine for their pets to make the st mative three-yrar hemse also do*A* NOW,TBLRlBORE,BE rf RESOLVED BY nm BOARD OF COUNTY COhIIN[SS[ONFn OP moNROE COUNTY,tint. IL 1. Section 2.11.of Resolution No.240.2W6 is hereby amended to read: 2. B. County (1) Dow Games' O9�BYEAR � cv (a)Animal is Rwym aaraered or under 6e000ths of ap $10 S20 (b)Animal is act apayommw ed and 6 months of+8e or older $35 S75 (2) Cates: CD (a)Animal is Veyedbartmed or under 6nwn&of apes S10 $20 (b)Aoiraal is not spayedfeautered and 6 months of Np or older $35 (3) Fonts: $6 S10 cy (4)RVIscamme(Pa replaceatertt,aeendlera of yrars covered) $2 (A Dqp and rate with tamuch"or other mom U) a aatiaoal identificationaaviea ciurart to the orvner�ab�roodve a t5 d�soouat Gem the amral Tremor y or PASS®AN13 ADOPM by the Board of County Commiooas of htoesoe Comity,Florida,at a meeting of the Bard hold an the 20th day of Septerclxs.M. MONROE COUNTY ATTORNEY MayorMCCOy YU APPROVED TQARIDiRM., Mayor Sperm yu Comm xU tO P asaiaLMENE CA"tu vTr oaa �—i �f .. run � mr� R O Cd \p BOARD OF OOUN3Y OF MONBOE gI,O r m as IMILRAGs,Gwk v rn erk Packet Pg. 741 C.27.g EXHIBIT"B" PAGE 3OF4 Companion to Alternate version RESOLUTION NO. M 20% A RESOLUTION OF THE BOARD OF COUNTY COMIIIISSIONERS OF MONROZ COUNTY, FLORIDA, REMALWG AND REPLACING RESOLU77W NQ 261-2M TO PROVmE CHANGES TO DOG, CAT & FERRET LICENSE FIEM rd WHEREAS,Res &don Na 261-2005 was passed by the Board of County Comraissicoers(BOCC) to require the issuance of a dog license to correspond with the length of effectiveness of the rabies vaccination acorally adovaistaed;and WHEREAS,the BOCC has passed Oidbxowo Na 006-2006 requiring live mm of dogs,cats and ferrets;and WHEREAS, the BOCC has determined that it is in the best interests of the pubic to change U ChWW 3 of the Monroe CauKy Code to also require 6oensum of ferrets and to cheaw the or at which licenses are required to conform licemsure to the Some rabies vaccination laws;wad Iq WHUMAS,the BOCC has determined that there is no public eonoero about the>ha pmviA dy found by the BOCC that calls for pick up of un-nawwed and wuprayed doge at large es med such calls for dogs who have been neutered or spayed;and WHEREAS,it is desired to rethuce the w4 t 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: cv 1. ReaAdian Na 261-2005 is hereby repealed. U) 2. Fees shall be collected for the following vices as specified:services am= EA- fickle: � (1)First Time $2s (2)Second Time $50 (3)Thud and each additional time within a 12-month period $100 'Tbe above pick-up Am shall be doubled ff the animal picked up was not vaccinated for rabies. LO (4)UnalteredamtodarAvVJL-mVeuaaapsion!keno. If an unaltered animal comes into the shelter,either by being picked up or brought in,there will be an additional$100 fine for the fact that it is unaltered and that fine will be waived W owner or assigned metalter agrees to alter the animal prior to leaving the shelter. B. BQaAW(per night) slo C. Adootim $10 0 D. I>jWML $10 QO,ie,ass Z61400J I (COMPMim to Od AMWA 006=6 Akwmft Vwsioe App 6 2106) Packet Pg. 742 C.27.g EXHIBIT"B" PAGE 4 OF 4 E. cma PER YEAR' (1) Dogs: (a)Animal is spayed/neumW or under 6mooths of sp SIG (b)Animal is not apayed/aeuoered and 6 months of age or older S35 (2) Cats: (a)Animal is spayed(neutered or render 6mon@s of age S to (b)Animal is ant spayed/neuterW and 6 months of sp or older $3 S ere (3) Ferrets: S 6 (4)RgAwament S 2 (5) Dogs and cab with microchips or other means of permanent identification and with re&tradon to the County or a national identification service current to the owner, shall receive a SS discount flaomdo annual license he. (n •Licenses are to be issued on an annual basis. However, any three-year license previously isand in conformity to a three-year rabies vaccine and punsuam to Rmbrbw 261-2003 shell remain in -~ eIS until its natural expiration date. cv F. (1)First year $100 (2)Annual Renewal S 5o G. B i't�(Pef litter) S 50 Litter reimtration is requited before birth. The owner of a pregnant animal shall be assessed a litter fee of S50 for each lifter If the litter is not registered,these will be$100 Tina for Sot offs t ,CM cv free for snood of Buse.SSW Son on third offense. At the first offense,the fine of$100 will be waived if ownedcuatalmr agrees to alter the litter and breeding mother. � PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Wmk,!i a meeting ofth Bond hdd on the 21arday of time ,2006. 3 0 _ Mayor McCoy Tee $� Mayor SpdW tea Commissioner Neugent yes Commissioner Patton Yes rrn LO issioner Rice yam in Q ca G BOARD OF COUNW COh9d=ONERS (SOD OF MONROE C07 Ir MWA After DANNY L.KOL LA-M_Clerk E By. By. .- Dapdty Clerk MeyodChairtmui YONt10E COUNTY AT N'Y ww.Rom set Zoos 2 APPp AS Q(Qompeim 10d Aawd W640M Aftow Vwdm App 6 21 06) A./, ON Dab Packet Pg. 743 C.27.g 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 month 1,20 cv In consideration of the mutual promises contained herein, the above stated parties hereby agree as follows: �s 1. Agency shall release to Adopter the animal described in Receipt No. 2. Agency has provided basic care to the animal, and has found it to be in apparent good health, but makes no guarantees as to any undetected medical disorders or defects in its disposition. Any medical treatment or procedures rendered to the animal preparatory to the adoption shall be listed on a receipt provided to Adopter. Adopter may return the animal within 10 days of adoption without further charge only if the animal is certified by a licensed veterinarian to suffer from a congenital disorder. Any return after that time or for other than a congenital disorder will be subject to the Agency's Intake Fee. In recognition that Agency is a not-for-profit organization providing shelter care for the County shelter,none of the adoption or other related preparatory fees are refundable. 3. In consideration of the privilege of adoption, Adopter hereby waives any and all claims for damages against Agency and Monroe County, their officers, employees, agents and representatives which may result from this adoption, including, but not limited to, any veterinary costs or expenses incurred for the animal,damages or injury to property or person. 4. Animal has been neutered or spayed. Adopter agrees that spaying/neutering is a condition of the adoption and this contract provision may be enforced in Court. In the event that the animal is discovered to have not been neutered or spayed for any reason prior to release to Adopter,Agency shall, by written notice delivered in person or by registered mail, return receipt, require Adopter, within ninety (90) days of said notice, to provide to Agency a licensed Veterinarian's certified statement that the animal has been neutered/spayed or shall return the animal to the Agency for E 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 LO adjudicate this issue, the parties agree that in addition to payment by Adopter of all costs, the Agency shall be entitled to injunctive relief requiring the spay/neuter surgical procedure. 5. Adopter agrees to provide humane care for the animal in accordance with all laws and ordinances in force in Monroe County. Adopter will not sell, trade, give away, or otherwise dispose of said animal without first giving Agency the right to take possession and ownership of the animal, subject only to the Agency's Intake fee as set by Monroe County Resolution. SO AGREED the date first written above. (Signature of Adopter) (Signature of Agency Representative) Packet Pg. 744 C.27.g 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: 1. 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. �s 2. For the period of to ,$ (date of Ist charge) (date of last charge) �s 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$ �' Cv 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. cv (B)I do not have cash(including checking and savings account)in excess of$500.00. U) (C) I owe debts due to illness or misfortunes of my family. If this item is checked, briefly describe in the space provided below: (D) I do not own real or personal property which are not used by me for shelter and the necessities of life. If this item is checked, briefly list and describe all real property and automobiles owned by affiant: `O 4. If any statement herein is determined to be untrue, I agree to pay such charges as have been waived as a result of this affidavit. (signature) E SWORN TO AND SUBSCRIBED before me this_day of ,201 ,by who is personally known to me or who produced ,as identification. Notary Public-State of Florida at large Concur Animal Control Director Concur County Administrator Packet Pg. 745 C.27.g EXHIBIT "G3" FORMS REQUIRED TO BE USED BY CONTRACTOR Rt6$O XTION NO. m -2110 A BZSOLV KW Of = BOARD OF COUNTY C OF MONROE CiOUNIM, VLOUIDA, APPROVING THE ANOdAL CONIVAL WATIM To BE VKD PVMATT TO SECTION 446 or Tom MOltmw CA NIN Y cv CODE. WIiB M,pummat b Mowec County Code(MCC).%a;w 4-46.qm obmrAng a vioiatioo of Chapter 4 of tho 1u M an artiraal eaw+d mpea MW or utimal ooarrd OEM,of EL any other law ettforoeatent nf!&w,may inns a dmtkw and 'RWSRF.AS,the aeinal ct>sdrt)cAltion Wed OWI be in auhstaatony the snore form AS &Woved by Board ramhitim orrd try SYH)gR1f1A&the animal ooatnal c k%m A urld be ap mvA by the%W of Cuwrt3F cas Coetmifmam fa the p opm of momg esh cemesit of the Monroe County Annul Control 0rdno w arts WHRWA% Section 4.46, MCC sea forth dw rewmed wAvmation rant shalt be cJtetained in the cil km., NOW 'i'!tlFJWFOU, B'Z IT RESOLVED IW THE BOARD OF COUNTY CQ) IOKERS(W MONRM C1DCIf TY.llAWJD -THAT: I. TIM Teri of C.ewlr C4000iraia+ea.f M008ft COWty Off 010 OW=WW coatml titetla attaded hereto =4 pw nod to See 4.46 at tie>t mm cv Cm* Code. rwpkw Mot ar mbw celitrel astmmn we dtaaies in arrbatatada% the not Nrr a appwed bembL 1PAIVWD AND ADOIrI'1:11 by tbr: Board of County Commissions Of Mmm County,Floridt,on Ihis 1 Sth day of Sqi mbr.2010. hwbryur We Murphy Tag Mayor Fro Teo Hera w car"Ah" Yex - -0 L Commbsiaaec Kim VlPtgiJtgton YOU - rV COrnm*Pueer Goorge Nagpot i'' :a Camm4si a Mario Di Gemara You eO CD tr (SEAL) 110ARDOFCAUNfYCOMiriiS'fllOc Rsb Meat:DAl1ldY L.RdI HALF.(EERIE OF MCP40E O NTY,F10MA04 By, r � L. By. E DepAy Ckwk lVfsYurlCa+a> «UNAOE GMP-JTv 4TT0-::i APP OY' A`'T FORM: •1! .1 uNMN7-bA�R5 I) ST Q i JMi�IT!O1;PC. rs• -.. Packet Pg. 746 C.27.g EXHIBIT "G3" FORMS REQUIRED TO BE USED BY CONTRACTOR JIM)K.ETDON W. 240 -nil A RIAOLVnON OF = BOARD OF COEWW CO►1BDNDSB>o01 W. OF Mild ROE COUNTY, FIADtiDA. AIPT'RDVING T!!E ANftkL coe voL CttAmPI TO Bit UWD PURSUATr W SECTION 4.* OF TtiF1E 7MONRt1E C0VNTY 04 CODL WHWM,yurwtmt b 14otaoe Cm*Coo(MCC)Section 4-46.Woo observing a violation of ChWW 4 of the MM,an eWmal eneeml&Vwvisor or animal oorarol offioec,or any%*taw eel nlYiea'.My lmne a citation;and %'HERONS,the irimal oclntrol ebtior►wd ldMll be in rndytomially Lee same wm as approved by Board rewAstim and VYHEREM&the animal ooadol citation slewdd b;gVravod by t'lw Buwrd of Cvuecv cis Coanrtgri 0 M for the purpose of exe wh* eaforayaM of the Moffat Cowty Aeimat Cormol OMineme;awd WHEREAS, Section 4.46, MCC sap forth ft requited uftattioa that shalt be uarsised in the cill". NOW THritCMU, BE IT RESOLVED IM THE BOARD OF COUNDY COhOGSWIZU OF MONROE COUNTY,FLORIDA,THAT: I. MM leans w Caw y Caoaei sites of Maeree Cooney"V 0,a on a ;mw caattat CkstIon alasched rerelo sad, pa mzm to Sea " d ie liessw-0 cy Can* Coda rovdm Hat al aataal control ceshwars we ckedess is wwbwtartlills ttk am*hm ea Oppwed herei4. PART M AND ADOP'M br the Board of County CommWonem of lY omw County,Flo+t oe this 1 Sth day of Scptamber.2010. Wtaym Sylvia Pdutphy You i17or FMTel H ather Gtrnrthem yen '- AA COtamissiowKim Wig*On Yes cammissi"WOUX]PNewffid YAW Conm6s ipawr Mario Di Ceewewo Yon' Z tO (S M) BOARD OF COUNTY COWiL* �' Meat:DAN NY L.ROI.AAG'F.CLERK OF M NP.OE C X INTY,F'tMMA- b cv rN C. Lorkl7t 1.) By:—4- It Dquy Cleric .46yodcl aitpason ,40NAOE Gf?UMTv APP TpFORM: " . ,GMMTIPK 60.t SNMMT-QJIRRO75 iMb fNSTAN Packet Pg. 747 C.27.g Board of County Commissioners,Monroe County,Florida Animal Control Division In the County Court,In and for Monroe County,Florida Citation No. Citation Data: rime: AM./PM In the norne of Momoc Cotmty,Florida the undersigned certi5es that hdshe bad just and reasonable grounds to believo,and does believe mat First Name Middle last Name (Name of the OwmdAlleged Violator) CD Cd Strad Address City Stab zip On the day of 20 at A.M./P.M at (L—ti-) Mamoe County,Florida,did Commit the following offsase(s),cowwy to laws. Facts emotituting probable aadelemmts of offense: (.3 f!5 Adeal D—r*dam(If w--mule) Name: Broad: Cola: Sex SpayANadacd Age:_ ❑ANIMAL AT LARGE.SEC.4.67(a) ❑DOG BITE,SEC.4.75(f) ❑NO CURRENT RABIES VACCINATION,SEC.4.64 ❑NO VALID COUNTY LICENSE SEC.4.65 ❑FAILURE TO PROVIDE ADEQUATE SHELTER,SEC.4-8 10) ❑ANIMAL(S)CONFINED IN VL2NFIICIB,SEC.4.51(s) � ❑FAILURE TO NEUTER DOGS.CATS,RABBITS,SEC.4.69(a) ❑OTHER VIOLATION SEC.4. Cal Whore triable in Coumly Cant; Lester Keys Division-Monroe County Comth.Anne;302FIca ing Streek Kay West,FL.33040;or Middle Keys Division-Marethoe Bra nrb CourUmuse 3117 Ovasas Highway.,Mmffi ,FL 330W.a Upper Keys Division-Upper Keys Government Center.WN Ovascas Highway,Plantation Key.Florida 33070 On: (Month) (Day),20 at AMJPM Judge: Courtroan:_ U) ❑IT IS MANDATORY THAT YOU APPEAR IN MONROE COUNTY COURT AT THE TIME AND PLACE RECORDED ABOVR ❑YOU NEED NOT APPFR IN COURT ON THE DATE ABOVE,BUT MUST COMPLY WM4T THE INSTRUCTIONS ON YOUR COPY OF THIS DOCUMENT. ten ISSUING OFFICER: DATE: SIGNATURE PRIM NAME AND TITLE: to 1 HERRMY AORES TO APPEAR AT THE TIME AND PLACE DESIGNATED ABOVE M ANSWER TO THE OFFFNSEM CHARGED OR,IF THE OFFENSE(S)C14ARGED IDES NOT REQUIRE A MANDATORY COURT APPEARANCE AND I DESIRE NOT TO CONTEST THE CHARGE,TO PAY A CIVIL PENALTY IN THE AMOUNT OF S IN THE MANNER SET FORTH IN THE INSTRUCTIONS ON THE BACK SIDE OF 04 THIS CITATION. I UNDERSTAND THAT,IF 1 DO NOT APPEAR IN COURT TO CONTEST THE CITATION OR PAY THE CIVIL PENLTY WITHIN TEN(IOt DAVS OF DATE OF THIS CITATION(EXCLUDING SATURDAV.SUNDAYS AND HOLIDAYSI,l SHALL HAVE BEEN 4 DEEMED TO WAIVE MY RIGHT TO CONTEST THE CITATION AND IN SUCH CASE JUDGEMF,NT MAY BE ENTERED AGAINST ME UP TO THE MAXIMUM AMOUNT OF THE CIVIL PENALTY OF 5500. 1N ADDITION.FAILURE TO COMPLY MAY ALSO RESULT IN AN ORDER TO O SHOW CAUSE TO BE ISSUED FOR:NY APPEARANCE IN COURT,WHICH MAl'FURTHER RESULT IN BEING HELD IN CONTEMPT OF COL11T. SIGNATURE OF OWNEWALLEGFD VIOLATOR DATE SIGNATURE 13hffAN ADMISSION OF GUILT (Nate:Front of citation) Packet Pg. 748 C.27.g 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 tray 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. �8 ❑ Lowe Keys Clak's Office(or Midge or Upper Keys Clek's Office as apptopriete) CV 500 Whitehead St.,&6te 101,Key West,Fbride 33040 AMOUNT TO BE PAID:f @fate: Whichever your mdhod of paya=4 you naM sip the"PLEA OF GUILTY OR NOLO CON ENDERE AND WAIVER OF RIGIM:'below and tntum it io the Cledk with yaw check. 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. IL PLEA OF GUILTY OR NOLO CONTENDERE AND WAIVER OF RIGHTS In consideration of my not appearing in court;I,the uttdvsigtted,do hereby order 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 reamed 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 nat=of theIq charges)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. m Signature cv m Address Signantre of person taking waiver if presented in person 1m Title:(Clerk,Deputy Clerk) era cv 1m m (Notes Back of citation) Packet Pg. 749 C.27.g EXHIBIT "G4 " Inc. ANIMAL SHELTER DATA FOR MONTH OF: Other Animals DOGS CATS how many what Animals Brought In: Animals Picked Up: Animals Adopted: Animals Redeemed: Animals Transferred*: Animals Escaped: cy Animals Born at Shelter: Animals DOA: Animals Euthanized— U **number sick,injured,or dangerous Animals on Hand NOTES: Service Calls: *List how many,type of animal and where � Bite Reports: animal was transferred Cruelty Cases: COUNTY FEES COLLECTED cv Failure to Spay/Neuter: Exemption License: U 0 License: Pick-Up Boarding: Adoption: LO Disposal: Euthanasia: Feline Leukemia test: 0 Total County Fees Collected: $ - Other Fees Collected: Donations: REPORTED BY: Grants: Date Reported: Fundraisers: Other: S - Packet Pg. 750 C.27.g 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 cv 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 cas 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 cv NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE U) CITY OF KEY WEST, FLORIDA AS FOLLOWS: Section 1: That the attached Amended and Restated Lease `O Agreement between the City and Monroe County is hereby approved. cv Section 2: That the attached Joint Participation Agreement between the City and Monroe County is hereby approved. Section 3 : That this Resolution shall go into effect immediately upon its passage and adoption and authentication by the signature of the Presiding Officer and the Clerk of the Commission. Page 1 of 2 Packet Pg. 751 C.27.g 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 20rh day of March 2014 . Filed with the Clerk on March 20 2014 . `d Mayor Craig Cates Yes Vice Mayor Mark Rossi Yes Commissioner Teri Johnston Yes Commissioner Clayton Lopez Yes Commissioner Billy Wardlow Yes Commissioner Jimmy Weekley Yes Cv Commissioner Tony Yaniz Yes CRAIG S, MAYOR A 0 CHERYL SMITH, ITY CLERK 0 0 eO cv 0 0 Page 2 of 2 Packet Pg. 752 C.27.g EXECUTIVE SUMMARY ��s•`"`�►�, TO: City Commission CC: Bogdan Vitas cv FR: David Fernandez Marilyn Wilbarger,RPA,CCIM FL DT: March 11,2014 t 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 0 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 `O 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 121° day of November 1985 and will expire in the 11 m day of November 2084. USE: The County shall be entitled to use the premises for the construction and continuous operation of the animal control program, animal shelter and related and associated uses. The Packet Pg. 753 C.27.g 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 FL may be necessary throughout the term of the lase. IMPROVEMENTS: The County,under separate agreement with its animal control contractor will develop and construct an animal control facility and shelter on the re-located premises at their sole cost and expense. The timeline and specific requirements for the development and construction of the improvements are detailed in Section 9 of the lease. The County will be solely responsible for the demolition, removal and remediation of the existing improvements on the original parcel. FINANCIAL: The County accepts the original and the re-located premises in an as is condition and all improvements will be at the sole cost and expense of the County. Further,before a building permit will be issued as set forth above, the County shall provide a performance guarantee. The County shall warrant that it has the financial capability of completing the project/ Facility as planned without the need to request further funding. JOINT PARTICIPATION AGREEMENT The City and the County entered into a joint participation agreement on May 16, 1978 wherein the County agreed to maintain an animal control program and to enforce animal LO control ordinances in exchange for the lease of City owned land.The proposed agreement Iq It- 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 c ordinances that are reasonable and necessary as may be requested by the County to assure reasonable control by the County within the City. CONCLUSION: Staff recognizes the need and importance of the construction of new facilities and supports the re-location of the facilities pursuant to the terms and conditions proposed in the amended and restated lease agreement and joint participation agreement. Packet Pg. 754 C.27.g JOINT PARTCIPATION AGREEMENT THIS AGREEMENT is entered into this,Lfrlaay of&4t ,2014,between Monroe County,a political subdivision of the State of Florida(hereinafter,the COUNTY)and the CITY of Key West,a municipal corporation organized and existing under the laws of the State of Florida(hereinafter,the CITY). cv WITNESSETH: FL 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 LO 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 1 Packet Pg. 755 C.27.g 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 a. 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 E 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 parry's obligations are such that more than 30 days is required to effect cure, then the defaulting party shall not be in default hereunder and the non-defaulting party shall not have the right to exercise its termination rights granted LO herein as a result of any such default, if the defaulting party commences cure within the applicable cure period and thereafter diligently pursues cure to completion of performance. 8. In the event the defaulting party fails to affect any required cure as provided for herein, the defaulting party shall be deemed to be in uncured default hereunder, and the non- defaulting party shall have the right,but shall not be obligated,upon written Notice to the defaulting party,to terminate this Agreement. 9. To the extent permitted by law and subject to the provisions and monetary limitations of Section 768.28, Florida Statutes, the COUNTY does hereby agrees to defend, indemnify and hold the CITY,its officers, agents, or employees, harmless from and against any and all liability, damages, costs or expenses (including reasonable attorneys' fees, costs, and 2 Packet Pg. 756 C.27.g 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: FL �s If to County County Administrator Monroe County Historic Gato Building 1100 Simonton Street -~ Key West,Florida 33040 C 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 LO CD 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 `d overnight delivery service. 11.Attorneys Fees and Waiver of Jury Trial. In the event of any litigation arising out of this Agreement,the prevailing party shall be entitled to recover its attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. In the event of any litigation arising out of this Agreement, each party hereby knowingly, irrevocably, voluntarily and intentionally waives its right to trial by jury. 12.Governing Law. 3 Packet Pg. 757 C.27.g 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 t s or amend the terms of this Agreement, unless executed with the same formality as this document. 14.Nonassignability. a. This Agreement shall not be assignable by either party unless such assignment is first approved by both parties. 15. Severability. Cv If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. 16.Independent Contractor The COUNTY and its employees,volunteers,agents,vendors and subcontractors shall be and remain independent contractor and not agents or employees of the CITY with respect to all of the acts and services performed by and under the terms of this Agreement. 17.Non-reliance by non-parties No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the LO 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 E c� 18. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach,or of any future violation,breach or wrongful conduct. 19.Survival of Provisions. 4 Packet Pg. 758 C.27.g 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 �s resolution can be agreed upon within 30 days after the first meet and confer session, the cis 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 Cv 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 LO 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 `N insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 24.Privileges and Immunities All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree 5 Packet Pg. 759 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. cv IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first written above. i BOARD OF COUNTY COMMISSIONERS MONROE COUNTY,FLORIDA Q=® r/Chairp - AMY HEAVILIN,C RK Deputy Jerk THE CITY OF KEY WEST,FLORIDA L Crai Cate 6if ATTES �® cv jo C 0 Ci {City MONROE COUNTY ATTORNEY APPROVED APPROVED AS TO FORM: CHRISTINE M. LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date 4/-,Lllw 6 Packet Pg. 760 C.27.g Exhibit"A" Original Premises cv EL IL (n CD Cv CD CD CD cv C 0 Lo CD CD cv 4i C 0 0 Packet Pg. 761 C.27.g 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 `d 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 g, 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 N 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. LO N u Packet Pg. 762 C.27.g Exhibit B Relocated Premises F It- CD cv �s IL �s w CD CD CD CD cv C 0 LO CD CD cv C 0 0 Packet Pg. 763 C.27.g 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. 240G7 (Official Record Book 355 at Page 32 of the said Public Records; the said parcel of land lying entirely within the composite of the said TIIF Deeds referred to above: the said parcel lying within Sections 26 and 27, Township 67 South, Range 25 East; and the said parcel of land being described by metes and bounds as IL follows: COMMENCE at the intersection of the easterly right-of-way line of Junior College Road with the northerly right-of-way line of U.S. Highway#I (State Road #5); thence N 18°4 I'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 35'06'0(7 for 162.34 feet to a point of tangency; thence N53°47'18" W for 272.56 feet to the point of curvature of a curve concave to the Northeast; thence northwesterly on the arc of said curve having a radius of 361 .02 feet and a central angle of 14' 25' 40' for 90.91 feet to a point of tangency; thence N39°21'38" W for 273.51 feet to the point of curvature of a curve concave to the Northeast; thence northwesterly on and northeasterly on the arc of said curve having a radius of 446.85 feet and a central angle of 62'35'30" for 488. 15 feet to a point of tangency; thence N23'13'52' E U) for 1 122.43 feet; thence N4503007' E for 276.04 feet to a point of curvature of W 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 343'31" for a distance of 239.69 feet; thence N4 I°46'3G" E for a distance of 435.66 feet; thence N48°13'24" W for a distance of 15.00 feet; thence N4 I'46'3G" E for a distance of 253.63 feet to the POINT OF BEGINNING; thence N48'1324" W for a distance of `O 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 541'463G' W for a distance of 164.71 feet back to the POINT OF BEGINNING. Described tract contains 1 .02 acres MORE OR LESS. Packet Pg. 764 .......... C.27.g Amended and Restated Lease Agreement between IL The City of Key West,Florida as Landlord c and Monroe County, cv as Tenant Dated 01,24 i4.. LO cv 0 Page 1 of 22 Packet Pg. 765 C.27.g This Amended and Restated Lease Agreement is made and entered into in Key West, Monroe County,Florida, this, day of ft"2014,by and between THE CITY OF KEY WEST, FLORIDA, a municipal corporation organized and existing under the laws 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"). IL 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 Cv (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 `d 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 L 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 c of Prevention of Cruelty to Animal, Inc., shall construct a new animal control facility and animal shelter on the Relocated Premises(hereinafter the"Facility"). Therefore, in consideration of the covenants and promises contained herein, the parties agree as follows: Page 2 of 22 Packet Pg. 766 C.27.g 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 FL �s located within the Relocated Premises. 2. TERM. The term of this Amended and Restated Lease Agreement shall a. cis be for a period of ninety nine (99) years commencing retroactively to the 12'h day of November, 1985, and ending at midnight on the I Ph day of November,2084. Cv 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 12t'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. LO 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 E parties simultaneously with this Amended and Restated Lease Agreement,this Amended and Restated Lease Agreement shall be cancelled, be of no further force or effect, and possession of the Original Premises and Relocated Premises shall revert to the LANDLORD. In addition,TENANT further agrees: Page 3 of 22 Packet Pg. 767 C.27.g 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; �s 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 N time by the LANDLORD and the LANDLORD's insurance carver, F. To obtain and maintain all licenses,permits,and other approvals necessary U) 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, LO and enjoy the Original Premises and Relocated Premises throughout the term of this Amended and Restated Lease Agreement without interference or hindrance by the cv LANDLORD or LANDLORD's agents. c� 6. INSURANCE: INDEMNIFICATION. Insurance: At TENANT'S sole cost and expense, TENANT will secure, pay for, and file with the LANDLORD, during the entire Tenn hereof, an occurrence form commercial general liability policy, covering the Original Premises and Relocated Premises and the operations of TENANT and any person conducting business in,on or about the Original Page 4 of 22 Packet Pg. 768 C.27.g 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: cv Commercial General Liability $2,000,000 Aggregate UL $2,000,000 Products Aggregate $1,000,000 Any One Occurrence $1,000,000 Personal Injury is $300,000 Fire Damage/Legal TENANT shall also procure the following insurance coverage: Cv (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. `d 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 LO 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 `d request, TENANT shall (i) procure, pay for and keep in full force and effect such other insurance as LANDLORD shall require and (ii) increase the limits of such insurance as LANDLORD may reasonably require. Any general liability or other policy insuring the LANDLORD does not provide any contributing or excess coverage for TENANT. The policies TENANT procures for TENANT'S exposure are the only coverage available to TENANT. Page 5 of 22 Packet Pg. 769 C.27.g 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 `y LANDLORD in the event of cancellation or material change, using form CG 02 24, or its equivalent. N 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 e 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 L renewals, but not less than sixty (60) days prior to the expiration of such coverage. In the event TENANT shall fail to procure such insurance,LANDLORD may,at its option,procure the same for the account of TENANT,and the cost thereof shall be paid to LANDLORD as an additional charge upon receipt by TENANT of bills therefore, together with an administrative fee equal to fifteen (15%) percent to cover the cost of the LANDLORD's efforts to procure such policy. Certificates of Insurance submitted to LANDLORD will not be accepted without copies of the endorsements being requested. This includes additional insured endorsements, Page 6 of 22 Packet Pg. 770 C.27.g 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 cv 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 cn 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, Cv 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. cv 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. `O 7. ASSIGNMENT AND HYPOTHECATION. This Lease is not transferable or assignable, except as provided by Resolution of the Key West City Commission, whose consent may be withheld for any reason or no reason. The TENANT may not sublet the Relocated Premises or any part thereof. Any assignment, even with the LANDLORD's consent, shall not relieve the TENANT from the obligation to keep and be bound by the agreements of this Lease. The acceptance of Rent from any other person shall not be deemed to be a waiver of any of the agreements of this Lease or to be consent to the assignment for benefit of creditors or by operation of law and shall Page 7 of 22 Packet Pg. 771 C.27.g 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 cv 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 �s 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 `d 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, cv 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 E or otherwise. L 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 cv 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 c 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 Packet Pg. 772 C 27.g 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 E 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 LO declare this Lease void and the terms ended hereby, as herein provided, when default isCD Iq It- 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 c perform any covenant or agreement which,under the terms of this Lease,the TENANT is bound and obligated to keep and perform, it becomes necessary for the LANDLORD to employ an attorney to protect the rights and interests of the LANDLORD in the Original Premises or Relocated Premises or to enforce the Lease or proceed under it in any Page 9 of 22 Packet Pg. 773 ....................................................... C.27.g 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. cv 9. TENANT I M]PPROVEMENTS: 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 a. (r 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 `d 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 U) 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 LO within 8 months of the approval of this Amended and Restated Lease Agreement. Thereafter, TENANT shall secure issuance of a Planning Board resolution concerning cv TENANT'S development plan within 150 days following submission of the application for development plan approval. Thereafter, TENANT shall secure issuance of a City Commission resolution concerning TENANT'S development plan within 60 days following the Planning Board's action on the development plan. Thereafter, TENANT shall submit an application for building permits for construction of the improvements authorized under the development plan within 180 days of the effective date of the development plan approval. ("Effective date of development plan approval"is the date Page 10 of 22 Packet Pg. 774 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. cv Thereafter, TENANT shall secure the issuance of a certificate of occupancy within 365 days of the issuance of the building permit. �s 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 cv permit such to be in a position to construct and complete the Facility. U) 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 E Premises and remediate all environmental contamination on the Original Premises within LO 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 cv 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 Packet Pg. 775 C.27.g 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 cv 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 IL Is 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 cv repairs. U) 11. ADDITIONAL COVENANTS OF THE TENANT. A. The TENANT shall pay for all utilities associated with the use of C the Original Premises and Relocated Premises including, but not limited to, water, 0 electricity, sewer gas and solid waste. In the event that a separate bill for the Original LO Premises or Relocated Premises is not available for one or more of the utility services 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 Packet Pg. 776 C.27.g 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 �s 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.. U) E. The TENANT agrees not to make any changes or alterations to the C Original Premises without written approval of the LANDLORD. 0 L 12. LANDLORD'S RIGHT OF ENTRY. The LANDLORD or its agents i Iq Ir- 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 c� 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 Packet Pg. 777 C.27.g 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. Cv 14. ACCEPTANCE IN AS-IS CONDITION. The TENANT accepts theIq 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 0 TENANT must pay off the same; and that if default in payment thereof shall continue for LO thirty(30)days after written notice,LANDLORD shall have the right and privilege, at itsCD Iq Ir- 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 c maximum rate allowed by law. Nothing herein shall be construed to admit that a mechanic's lien may be enforced against municipal property. 16. NIISCELLANEOUS PROVISIONS. It is mutually covenanted and agreed by and between the parties as follows: Page 14 of 22 Packet Pg. 778 C.27.g 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. LO 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 Packet Pg. 779 C.27.g 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 FL 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 Cv 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 cv action regarding this Lease shall be in Monroe County,Florida. U) 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. ee BOARD OF COUNTY COMMISSIONERS MONROE COUNTY,FLORIDA cv e Z airperso AMY HEAVILIN,CAER.K MONROE COUNTY ATTORNEY APPROVED AS TO FORM: "°""' Deputy Clerk - `-�+`� nyt� •� . CHRISTINE M. IIMBERT-BARROWS ASSISTANT JCOUNTY ATTORNEY Page 16 of 22 Date Packet Pg. 780 C.27.g THE CITY OF KEY WEST,FLORIDA BY: CraiiCatig,Mayor ATTE C _ Cl CL (City S C) Cv cv C 0 LO CD CD cv 4i C 0 0 Page 17 of 22 Packet Pg. 781 ......_.. ............... Exhibit"A" Original Premises cv �s IL CD �s Cv CD CD CD cv C 0 LO CD CD cv 4i C 0 0 Page 18 of 22 Packet Pg. 782 C.27.g 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 EL 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 g, 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. eO cv Packet Pg. 783 C.27.g Exhibit B Relocated Premises cv FL IL (n CD Cv CD CD CD cv C 0 LO CD CD cv 4i C 0 0 Page 19 of 22 Packet Pg. 784 C.27.g 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 bring entirely within the composite of the said TIIF Deeds referred to above: the said parcel hung within 5ections 26 and 27, Township 67 5outh, Range 25 East; and the said parcel of land being described by metes and bounds as U 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 radius of 265.00 feet and a central angle of 35*OGW for 162.34 feet to a point of tangency; thence N53°47'18" W for 272.56 feet to the point of curvature of a curve concave to the Northeast; thence northwesterly on the arc of said curve having a radius of 361 .02 feet and a central angle of 14° 25' 40"for 90.91 feet to a point of tangency; thence N39°21'38" W for 273.51 feet to the point of 04 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 N230 13'52" E for 1 122.43 feet; thence N45°30'07" E for 27G.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 3G86.55 feet and a central angle of 3°4331" for a distance of 239.G9 feet; thence N4 I°4G'3G" E for a distance of 435.GG feet; thence N48°13'24" W for a distance of 15.00 feet; thence N4 I°4G'3G" E for a distance of LO 253.63 feet to the POINT OF BEGINNING; thence N489 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 I°4G'3G"W for a distance of 164.71 feet back to the POINT OF BEGINNING. Described tract contains 1 .02 acres MORE OR LE55. Packet Pg. 785 C.27.g Exhibit C Solid Waste Closure Permit cv IL CD cv CD CD CD cv LO CD CD cv 0 Page 20 of 22 Packet Pg. 786 C.27.g APPENDIX 10 FDEP Concurrence Letter OW cott Florida Department of Governor Environmental Protection Jennifer Carroll South District Lt.Governor P.O.Box 2549 Fort Myers,FL 33902-2549 Herschel T.VinyardJr. Secretary April.18,2011 cv City of Key west c/o Jay Gewin,Utilities Manager E-mailed to: jgewin®keywestcity.com 525 Angela Street Key West,Florida MW IL Subject: Site Assessment Flan Approval FDEP Facility ID:WACS 7%36 Former Southernmost Waste-to-Energy Facility 5701 College Road Key West Florida,Monroe County Dear Mr.Gewin The Waste Management Section has reviewed the Interim Remedial Action Report document(IItAR),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 1D:WAGS 79636. The Department recommends that 2(two)additional monitoring wells be added E 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 LO attached drawing(Attachment I)and that Thallium and Arochlor(PCB)be added to the list of monitoring parameters. cv With the inclusion of the above recommended additional monitoring wells and parameters,the Department finds that the documents submitted are adequate to meet the site assessment requirements of Rule 62-780.600 Florida Administrative Code(F.A.C.). The Department has determined that the actions proposed in this WAR represent a reasonable strategy toward accomplishing the site assessment objectives of Chapter 62-780,F.A.C.and are compatible with the City's intended future use,which include plans to relocate their existing downtown Key West Department of Transportation bus maintenance building and facilities(Transit Facility)to the Southernmost Waste-to-Energy(SWTE)Facility site located at Packet Pg. 787 C.27.g City of Key West FDEP Facility ID:WAGS 79636 April 18,2011 Page 2 of 2 Stock Island. Pursuant to paragraph 62-780.600,F.A.C,The Department approves the IRAR subject to the addition of the recommended groundwater monitoring wells and additional parameters. Groundwater monitoring at this site shall continue for an indefinite period of time,however,should the City of Key West desire to achieve final closure for the site at some future date and pursue a No Further Action(NFA)in accordance with Chapters 62 780.690 and 62 780.700,F.A.C.,a subsequent phase of remedial design will be necessary. cas If you have any question,please feel free to call me at(239)344-560. Whenever possible,please submit written documentation to k=.harcourt®de.statie.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 LO cc: R.J.Bruner III,P.B.CH2M Hill(via e-mail to bo.bruner®ch2m.com) Bill Krumbholz(via e-mail to bill.krumbholz®dep.state.fl.us) Barbara Nevins(via e-mail to barbara.nevins@d2R.state.fl.us) Packet Pg. 788 C.27.g Attachment I F CD cv FL CL Wei AN 1 : all LO CD fe =t r � • l� ' 11.1 x' j a 6 r 'J ti a Ju ! �ItUJ s Packet Pg. 789 C.27.g Exhibit D Ground Water Permit cv �s IL �s Cv cv C 0 LO CD CD cv 4i C 0 0 Page 21 of 22 Packet Pg. 790 C.27.g APPENDIX 10 FDEP Concurrence Letter 10N cott Florida Department of tGo nwor Environmental Protection Jennifer Carroll South District Li.Governor P.O.Box 2549 Fort Myers,FL 33902-2549 Herschel T.Vinyard Jr. Secretary April 18,2011 cv City of Key West c/o Jay Gewin,Utilities Manager &mailed to: iggwin@key&estcily.com 525 Angela Street Key West,Florida 33040 IL �s Subject Site Assessment Plan Approval FDEP Facility ID:WAGS 79636 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 ORAR),submitted for the former Southernmost Waste-to- 04 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 E 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 LO attached drawing(Attachment I)and that Thallium and Arochlor(PCB)be added to the list of monitoring parameters. 04 With the inclusion of the above recommended additional monitoring wells and parameters,the Department finds that the documents submitted are adequate to meet the site assessment requirements of Rule 62-780.600 Florida Administrative Code(F.A.C.). The Department has determined that the actions proposed in this MAR represent a reasonable strategy toward accomplishing the site assessment objectives of Chapter 62-780,F.A.C.and are compatible with the City's intended future use,which include plans to relocate their existing downtown Key West Department of Transportation bus maintenance building and facilities(Transit Facility)to the Southernmost Waste-to-Energy PVM Facility site located at Packet Pg. 791 C.27.g City of Key West FDEP Facility ID:WAGS 79636 April 18,2011 Page 2 of 2 Stock Island. Pursuant to paragraph 62-780.600,F.A.C.,The Department approves the IRAR subject to the addition of the recommended groundwater monitoring wells and additional parameters. FL 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 �s design will be necessary. car If you have any question,please feel free to call me at(239)344-56K Whenever possible,please submit written documentation to jarnes.harcourOdemstate.fl.us and include the WAGS ID number in your correspondence. `� Sincerely, cv James Harcourt,P.G.11 Florida Department of Environmental Protection South District,Waste Management Attachment LO cc: R J.Bruner III,P.E.CH2M Hill(via e-mail to bo.bruner®ch2nn.com) Bill Krumbholz(via e-mail to biU.krumbholz®dep.state.fl.uJ Barbara Nevins(via e-mail to barbara.nevirs@dep.state.fl.us) Packet Pg. 792 C.27.g Attachment I CD cv CL CL ?' • • ��','" * ,"�'s•• `` a 5t • J 1,,„.: r•.: €'n c!s ,r lj11 1� 00 ,. WN Mid LO ,��,. : ;,�1 :'is �• ��r .`��! �.� P ; ( � I• } e ; Packet Pg. 793 C.27.g APPENDIX 11 Environmental Resource Permit SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE STANDARD GENERAL PERMIT NO.44-00076.8 DATE ISSUED:August 23,2010 Fors NHI 0110495 PERMITTEE: CITY OF KEY WEST 604 SIMONTON STREET KEY WEST,FL 33040 PROJECT DESCRIPTION: ModUicatbn of Permit No. 44-00076-5 for the construction and operation of a surface water management system to serve a 3.G 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 afted ed Rule 40E4.321, Florida Administrative Code. This b to aft you of 9ts Dlndm's-go q ae6on conowM9 Nana of rrueM for PemYl Application No.09M7-e,dated June 17,2009. This ac lort is taken p matrsrtl to Rule 40E-1.903 and Chapter 40E40,Ronde Adm metro n Code(FAC.). cv eased an On tnfmmatbn provided,of Ir n9es hove been adhered to and an ErwkawnaMN Rom roe General Permit is in eBact for this pr*w atgad to: 1. Not real ft a Mod request for a Chapter 120,Florida Stabrtas.administralivs hewbv. 2- On attached 19 General Cond0lorts (See pages: 2-4 of 6). 3. the shad"14 special Cond1fons(See Pages: 5-e of e)and cv 4. the all,A 1 2 8 NWs) Should you object to these coridilkwK.please rater to this auaohod'Nona of Rights'a4ticht addresses the procedures to be followed if you dedre a pLMc hewkg or oltw review of On Proposed epartey actim Pines ooraaat tlds 01110 A you here any puesum cormarttkt9 pits muter. Kate do not hear from you In accordance with Oo'NoUoe of Righla,'we wilt mum OW you renew with to Diabws adlort. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a'Notice of Rights'has been mailed to the Permittee(and the persons listed in the aaadted distribution NO)no later than 5:00 p.m.on this 23rd day of August,2010.In accordance with Section 120.60 ),Florida S BY: `� Anitalklllifn Director-Environmental Resource Permlting Division 04 Palm Beach Service Center Cerbfted mail number 7009 2250 0003 1260 9165 Page 1 of 6 Packet Pg. 794 C.27.g Appkelon No.: 0ON17-0 Page 2 of 4 GENERAL CONDITIONS 1. Al activities authorized by this permit shall be Implemented as set forth in the plans,specifications and performance crWe as approved by this permit. Any deviation from time permitted acdvky 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 shay be kept at the work site of the permitted activity. The complete perrdt shall be available for review at the work site upon request by District staff.The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this penrdL 3. Activities 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 vidation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction,and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be Installed and rmaWdalned at all locntfons where the possibllNy of transferring suspended solids into the receiving waterbody exists due to the g, permitted work. Turbidity barriers shall remain in place at all locations until constriction Is completed and solo 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 Environmental Regulation, 1988), incorporated by _ reference in Rite 40E-4.091, FAC. unless a prvjectios tlic erosion and sediment coved plan Is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the Cy barriers. The permittes shall correct arty 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 Consbudior►Comrnencemard Notice Forth Number 09W indicating the actual start date and the expected construction completion date. S. When the duration of construction will exceed one year, the perrnittee shall submit constnrction status cv 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. U) 6. W M 30 days after completion of construction of the permited activity,the perm tse shall submit a written statement of completion and certification by a professional engineer or other Individual authorized by law, utilizing the supplied Environmental ResounofSurfacs Water Management Permit Construction CompletaNCertifedon Form Number 0881A. or Environmental Resource/Surface Water Management Permit Construction Completion Certification-For Projects Permitted prior to October 3, 1995 Form No. 0881B, incorporated by reference In Wile 40E-1.659, FAC. The statement of completion and cerdfication shall be based on onsite observatlon of construction or review of as-built drawings for the purpose of determining if the work was completed In compliance w8h permitted plans and specifications. ens This submMal shall serve to notify the District that the system is ready for inspection. Additionally, Ii deviation from the approved drawings are discovered during the certiileadon 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 plane must be dearly labeled as"as-built"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 0 Permit from Construction Phase to Operation Phase,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 Packet Pg. 795 C.27.g Appicslion No.: 0ON17.6 Paps 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 pemdt becomes effective. Following Inspection and approval of the permitted system by the District, the permittee shall iniliete transfer of the permit to the approved regmulble 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 compliance with the terns of the Permit• 8. 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 independervt portion FL of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responstft for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement or deed g, restriction in order to enable that entity to operate or maintain the system in ooMormanco with this permit (L such essernennt 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 CD _-' 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 penndttee remaining Noble for carrying out maintenance and operation of the permitted system and any other pemdt conditions. 10. Should any other regulatory agency require changes to the permitted system,the permittee shall notify the District In writing of the changes prior to implementation so that a determination can be made whether a CD permit modificatlon is required. cv 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 properly.nor does It authorize U) any entrance upon or activities on property~is not owned or controlled by the permittee,or convey any rights or privileges other than those specified In the permit and Chapter 40E-4 or Chapter 40E-40. FAC.. 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 Improvement Trust Fund wkhcKd obtaining the required lease.license.easement,or other form of consent audiorizing the proposed use. Therefore,the eO CD permitter is responsible for obtaining any necessary authorizations from tie Board of Trustees prior to Iq commencing activity on sovereignty lands or other state-owned lands. CD 13. The pamattee must obtain a Water Use permit prior to construction dewatering,unless the work qualifies for a general permit pursuant to Subsection 40E-20.302(3),F.A.C.,also known as the Wo Notice Rule. 14. The permittee 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 pemdL 15. Any delineation of the extant of a wetland or other surface water submitted as part of the permit Packet Pg. 796 C.27.g AppYeauon No.: 090e17-e Pegs 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 othewise. t8. The permittee shall notify the District in writing within 30 days of any sale,conveyance,or other transfer of ownership or control of a permitted system or the reel property on which the permitted system Is located. M transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E-1.6105 and 40E-1.6107, FAC.. The permittee transferring the permit shag remain 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 perrriiftee. District authorized staff with proper identification shall have g, permission to enter, inspect. sample and test the system to Insure conformity with the plans and specifications approved by the permit. 18. M historical or archaeological artifacts are discovered at any time on the project site, the permittee shag immediately notify the appropriate District service center. ' IS. The perniltee shall Immediately notify the District In writing of any previously submitted Information that is later discovered to be Inaccurate. `? cv ,7 cv C 0 era CD CD cv 4i C 0 Packet Pg. 797 C.27.g e i AapGmroe No.: OKS17-0 Page 5 or e 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 pemmittee. 3. Discharge Facilities: 12'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. 04 Receiving body:Groundwater Table Control slev:2.5 feet NGVD 29./2.5 FEET NGVD 29 DRY SEASON. EL 4. The permlttee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. S. Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do not oaxur in the receiving water. 8. The District reserves the right to require that additional water quality treatment methods be Incorporated u) Into the drainage system if such measures are shown to be necessary. 7- Facilities other then those stated herein shall not be constructed without an approved modification of this p0mA 8. A stable,pernimont end accessible elevation reference shall be established on or within one hundred c� (100)feet of all permitted discharge structutes no later than the submisslon of the certification report The location of the elevation reference must be noted on or with the certificaron report. 9. The permiUee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sedimentsMebris. Al materials shall be properly disposed of as required by law. Failure to properly maintain the system may result In adverse flooding conditions. cv 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 arry time within the project site area,the permitted U) project should cease all activities Involving subsurface disturbance in the Immediate vicinity of such dlsooveries.The pwmlttee,or other designee,should contact the Florida Department of State,Division of Historical Resources,Review and Compliance Section at(850)245.63M or(8W)847-7278,as well se the appropriate permitting agency office.Project activities should not resume without verbal and/or written authorization from the Division of Historical Resources. In the event that unmarked human remains are encountered during permitted activities,all work shall stop immediately and the proper authorities notified in accordance with Section 872.05.Florida Statutes. LO t1- The pwmlttee acknowledges 00, pursuant to Rule 40E-4.101(2), FAC., a notice of Envkonnmentai 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. cv 12• tAnimum building floor elevation: 12.0 Feet NGVD 13. Stit fence shah be utilized during conetnxxionand 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. 14. The permittee shall install a chain link fence around the entire perimeter of the project site,which will Packet Pg. 798 C.27.g Appkebw No.: 090017-e Pops a of e SPECIAL CONDITIONS eliminate or minimize secondary adverse impacts to the mangrove wetlands located along the southwest side of the project site"as shown in ExhNA 2. The fence shall be maintained in perpetuity. t cv CD �w CD CD CD LO CD CD Packet Pg. 799 C.27.g t!1 1 , rj :3 . SURFACE WATER MANAGEMENT CHAPTER 40E4(4/94) 40E-4.321 Duration of Permits =� (1) Unless revoked or otherwise modified pursuant to Rules 40E-4.331 and 40E-4.441, 'a FA.C.,the duration of a surface water management permit issued under this chapter Is as follows: r (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 filed,then the Conceptual Approval remains valid until final action is taken on the application. If the application is granted,than the Conceptual Approval•is valid for an additional two years from the date of issuance of the construction and operation permit. Conceptual Approvals which have no applications for construction and operation filed for a period of two years will expire automatically. (b) Five years from the date of issuance for a construction permit. (c) Perpetual for an operation permit. �r (2) The Governing Board shall issue permit extensions provided that a perrhittea files a written request with the District showing good cause. For the purpose of this rule,good cause shall mean a set of extenuating circumstances outside of the control of the permittse. Requests for extensions, which shall Include documentation of the extenuating clrccura t ekes and ho*lhey have delayed this project,will not be accepted more than 100 days prior to the expirallon date. (3) For a Conceptual Approval filed coecunarhtiy with a development of regional Impact(DRI) r� applikation for development approval(ADA)and a local government comprehensive amendment,the duration of the Conceptual Approval shall be two years from whichever one of the Foilowing occurs at the latest dati: (a) the effective date of the local government's comprehensive plan amendment, (b) the offactfve date of the local government development order,or 1c) tire date on which the dlstri0t issues the Conceptual Approval.or (d) t1e latest date of the resolution of any Chapter 120 or other legal appeals. (4) Substaridal modifications to Conceptual Approvals will extend the duration of-the `d Conceptual Approval for two years from the date of Issuance of the modification: For the purposed of this section,the term'aubstantial moditatlah'shall mean a mo*icadon which Is rtasdnably expected to lead to substantially different water resource or environmental Impacts which require a detailed review. U •(ti) Modifications to constrtrblion peftb Issued pursuant to a formal permit application extend tthe duration of the permit for three years from the data of Issuance of the modification.- Construction penMl modfcatons do not extend the duration of a Conceptual Approval. (b) Pert modifications Issued pursuant to subsection 40E•4.331(2)(b),FA.C.(lettar hm modfflm&ns)do not extend the duration of a permit. spacft VLAW*373.044.373.113 F.S,Low N VIsmanted 373.413.373.416(1)F.S.Mbb"Ow 9.3.81,Amemw 1•31. 2,12-1- 82,foamnly 1 s144A7{I),arrandad 7.1416,4/20fa4. eO cv Packet Pg. 800 C.27.g !7 r: :i 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 attaomey 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 U District's (SFWMD or Dislrir) 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 folowing shorter tirne periods apply: 1) within 14 days of fire notice of consolidated Intent iD grant or deny concxunertiy reviewed applications for environmental reemme permits and use of sovereign submerged lands pursuant to Section 373A27, Fla. Stat.; or 2) within 14 days of service of an Administrative Order pursuant to Subsection !i 373.119(1),Fla Stat lRecelpt of writes notice of agency decision'means receipt of either written notice " through mail,or electronic mail, or posting that the District has or intends to take final agency action, or pubn of notice that the District has or intends to take final agency action. Any person who reoeives r written notice of a SFWMD decision and falls to fie a wren request for hearing within the timehane described above waives the right to request a hewing on that decision. FINN Instructions The Petition must be filed with the Office of the District Clerk of the SFWMD.Flings with to District Clerk � may be made by mail, hand-delWy or facsimile. Fangs by a-nWI will not be accepted. Any person wishing to receive a clerked copy with the data and time stamped must provide an additional copy. A petition for administrative hea frig 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 ne)d regular business day. Additional firing instructions are as follows; • Filings by mail must be addressed 10 the Office of the SFWMD Clerk,P.O.Box 24660,West Palm LO Beach,Florida 33416. • Filings by hand4e vegr must be delivered to the Office of the SFWMD Clerk. Delivery of a petition to the SFWWND's securby desk does not constitute filing.To ensure proper ling,E will be necessary to request fire SFO Kit severity officer to rrontact the Clerk's office. An employee of the SFWMD's Clerk's office wdl receive and file the petition. E • Filings by facsimile must be transmitted to the SFWMD Cleric's Office at(561)682.6010. Pursuant to Subsections 28-106.104(71 (8) and (9), Fla. Admin. Code, a party who files a doc uumt by facsimile represents that the original physically signed document nip be retained by that party for the duration of that prooeeding 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 properly filed with the dark as a result. The filing date for a document fled by facsimile shall be the date the SFWMD Clark receives the complete docurrnent Rev.0710UP009 1 Packet Pg. 801 C.27.g 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 form 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 Acted by the agencyFL '� determination. U 4. A statement of when and how the petitioner received notice of the SFWMD's decision. 5. A statement of all disputed issues of material fact. if there are none,the petition must so indicate. 6. A c onclse statement of the ultimate fads de*, including the specific fads the petitioner contends warrant reversal or modification of the SFWMD's proposed action. (s t 7. A statement of the specific rules or statutes the petitioner oonk"require reversal or modification of the SFWMD's proposed action. 8. If disputed issues of material fact exist,the statement must also include an explanation of how the ' alleged fads relate to 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 life 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 for extension shall contain a certificate that the moving party has CD consulted with all other parties conoeming the extension and that the SFWMD and any other parties agree to or oppose the extension.A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. tf the District takes aeon with substantially 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 26-106.111 `O 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 SEB(JUDICK REVIEW Pursuant to Sections 120.g3)and 12D.68,Fla.Stat.a party who is adversely affected by feel SFWIMD 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 district where a party resides and ft a second copy of the notice wile the SFWMD Clerk wflhin 30 days of rendering of the final SFWMD action. Rev.071011Z009 2 Packet Pg. 802 C.27.g k9rp staii mporLn f Last Date For Ag ency Action: October 4,2010 GENERAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT Project Name: City Of Key West Public Transportation Facility cv Permit No.: 44-00076-S Application No.: 090617-6 r M Application Type:Environmental Resource(General Permfi Modification) Location: Monroe County, S27IT67S1R26E Permittee: City Of Key West Operating Entity: City Of Key West Project Area: 3.86 acres IL _ cos Project Land Use: Government Drainage Basin: GULF OF MEXICO " Receiving Body: Groundwater Table Class:WA cv SpocW Drainage District: NA Conservation Easement To District: No Sovereign Submerged Lands: No . W-M1 ` This application Is a request for modification of Permit No.44-OW76S for the construction and operation of a surface water management system to serve a 3.85 acre municipal development known as City of Key West Public Transportation Facility. era cv App.no : 090617-8 Paps 1 Ora Packet Pg. 803 C.27.g ,pgp alai(ropat.ndf PROJECT EVALUATION: ^�rn�aas a3y w,Z1< "f3islT�fi�YeY'"eT'�'T 1H{+iij3d�. 4ue '�,•.,w, 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 project 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 IJUlitles,the Key West Golf Club,salt marsh and mangrove wetlands,and submerged lands. - No wetlands 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 r 7 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 water management system will consist of site grading and stormwater Inlets that Wlfi direct all runoff to a series of Interconnected dry retention areas for water quality treatment.Alter treabneni,the runoff will be directed to a drainage wall for final disposal. cy No wetlands or other surface waters located adjacent to the project alto on the southwest side of the site WE be adversely affected by the proposed project Specifically,the permittee will Install and maintain a chain link fence around the entire pedmeler of the project site,which will eliminate or minimize secondary U) adverse Impacts to the mangrove wetlands located along the southwest side of the project site,as shown in Exhibit 2 and In accordance with the special conditions of this permit Y Y B k, �� ffi �., jr4y 4i ..� 1 j'j�.y; �K = W' I g _�f'a S . y � w $ Ee Y0+ iIS r-��Z �8 a3I FEi+�b• � �tl'�� :�.«l.�Y.�wM �.-•, Aw �.phi 8 Construction: Project: LO This Phase Total Project cv Dry Retention Areas A5 A5 acres Impervious 2.32 2.32 arras Pervious 1.09 1.09 saes Total: 3.86 3.86 NJ.0✓�p,y, NkN?.x.LL11 . Discharge Rate: AW.no.: 0e0617.6 PM9 2 of e Packet Pg. 804 C.27.g stall report.rdf :L The surface water management system has been designed to retain the volume of runoff from the 25 year/3 day storm event onsite.Final disposel of the runoff Is to a dralnage well. Control Elevation: cv Basin Area ClId Elw WSW Ctri Elev Method Of � (Acres) (f%NOVD 29) (ft,NM 29) Dsterndnation KW Transport Faa 3.86 2.5/2.5 2.50 Previously Permitted '.J Receiving Body. Basin Str.# Recehdng Body Kw Transport Fac. Well Box(G Groundwater Table U Mmt W structures: Note:The units for all the elevation values of structures are (%NGVD 28) i Inlets: Basin Str# Count Type Width Length Dia. Crest Elev. ry KW Transport Fac. Wall Box 1 Drainage Well 2' 3 KW Transport Fac. Wei Box 1 Drop inlet 2' 2' 5.65 (GW-1) cv No adverse water quality impacts are anticipated as a result of the proposed project The surface water management system has been designed to treat a volume of runoff equal to 2.5 Inches times the percent Impervious area.The treatment is provided within Interconnected dry relentlon areas. U) 0 To ensure that proposed construction activities do not degrade adjacent wetlands and surface waters, the permittee will install and maintain temporary sit fends around the lasts of construction In a accordance with Exhibit 2 and as stipulated In the special conditions of this permit. The temporary erosion control barriers will be Installed prior to and will be removed upon completion of construction activities. E era Basin Treatment Method Vol Req.d Vol (ac-fl) ProVd KW Transport Fac. Treatment Dry Retention A5 acres 24 24 Ca The 3.86 acre project site does not contain preferred habitat for wetland-dependent endenger+ed or threatened widiife spades or species of special concern. No wetland-dependent endengwed/threatened species or species of special concern were observed on-site and submitted Information Indicates that potential use of the site by such species Is minimal. This permit does not relieve the permittee from complying with all applicable rules and any other agencies'requirements if,in the future,endongeredAhmatened species or species of special concern are App.ra.: 090617.E Paps 3 d 6 Packet Pg. 805 C.27.g @w stsf report.rdf discovered on the project site. 1. it Is suggested that the permittes retain the services of a Professional Engineer registered in the State of Fickle for periodic observation of constuctlon of the surface water management(SWM)system. This will rid lac ftde the completion of construction completion certiketiort Form#=I which is required pursuant to Section 10 of the Bests of Review for Environmental Resource Permit Applications within the South Florida f Water Management District,and Rule 40E-4.361(21 Florida Administrative Code(FA.C.). EL '� Es r Pursuant to Chapter 40E4 FAC..this permit may not be converted from the construction phase to the operation phase until cerdflodon 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 pemdt duration shall require a new permit authorization unless a permit extension Is granted. (n For SWM systems permitted with an operating entity who is dKerent from the pennittee,it should be noted that until the permit Is transferred to the operettng entity pursuant to Rule 40E-1.6107, FAC., the permidee Is liable for compliance with the terms of teis permit The permbee Is advised that the efficiency of a SWM system will normally decrease over time unless the `d =� 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 health,safety and the natural resources of the state. Therefore, the permittes must have periodic inspections of time SWM system pet Ibn,ad to ensure perkwnanoe for flood protection and water quality purposes. If deflciencles are found,it is the responsibility of the permittes to correct fthese deficiencies In a timelky�manner. T proposed work is not looted within and Is not anticipated to adversely affect sovereign submerged U) kra CD CD kv Appim.: CON17-6 Peps 4 rid 6 Packet Pg. 806 C.27.g G1P_W reAOrLMv .r RELATED CONCERNS: VVdw Use Permit Status: The pemdtee has indicated that dwmdedng is riot required for construction of t#6 project. The permittee L has also indicated that landscape lrigaton activities are not proposed as part of the protect. This penvilt does not release the perm ttee from obtaining all necessary Water Use authorh ation(s)prior to the commencement of activities which will require such authorization,including construction dewatering end irrigation, unless the work grm8fies for a No-Nodoe Short-Term Dewatedng permit pursuard to Chapter 40E-20.302(3)or is exempt pursuant to Section 40E2.051,FAC. EL CERP. The proposed project Is not located within or adjacent to a Comprehensive Everglades Restoration 6 Project component. U Pobbla Water Supplier. fA Florida Keys Aqueduct Authority ,:' Waste Water SystemfsuppNer. 0 Key West Resort Utilities to Right4fMay Permit Status: A Dis ict Right-olMey Permit Is not required for this protect. DRI Status: cv This protect is not a DRI. HlatorieaUArcMologlad Resources: The District has received correspondence from the Florida Depwknerd of State, Division of Flis wlcW Resources Indicating that the agency has no objections to the Issuance of this pennit. This permit does not release the pemattee from ocmppanoe with any other agencies'requiremerds In the evert that historical and/or archaeological resources are found on the site. DCAMMA Consistency Ravlwr ens The Issuance of this permit consMules a finding of consistency with the Florida Coastal Management Prograrn. 04 Third Party Interest: No third party has contacted the District with concerns about this application. Enforcernent: There has been no enforoemerd activity associated with this applical on. STAFF REVIEW: AM.w.: OW617-6 Peps 5 Of 6 Packet Pg. 807 C.27.g ......�... _._....._....._.........._._............................_. ._................ w •f qp_sle repOn.rdf J DrASION APPROVAL: a RESOURCE T. DATE: l I O i Berbera J.Conmy SURFACXOATER MANAGEMENT: DATE: Carlos A.de Roles,P.E. IL :D cas N cu cd cu LO cd CY 4� Appim: 0WelT-6 pop 6 of 6 Packet Pg. 808 PROJECT LOCATION MAP Gulf of Mexico S'todk 1 PROJECT SITE---. Stock Island Iq Raw tip Cv IdAlL Key West loww Atlantic Ocean LO FDOT.RN OIr20DY Cd MONROE COUNTY,FLORIDA N Legend A Application Map Date:8/9J2010 Application Number.090517- Permit Number.44-00076-S Project Name:CITY OF KEY WEST PUBLIC TRANSPORTATION FACILITY ----PROJECT SITE G Fed Exhibit: 1, Page 1 of 1 Packet Pg. 809 C.27.g Exhibit E Survey cv �s IL �s m CD Cv CD CD CD cv C 0 LO CD CD cv 4i C 0 0 Page 22 of 22 Packet Pg. 810 C.27.g f •. y Ag t"ejeo.I.esea* I oil D n +� 4 rnCL ]EI-31 '! q � Y v i Y ga p " bg�cc sa ;gE f oaf• C �g t 9 si �+b c� !`Q'� Y� 7.Ci Cv nba Ec• �aE� � ,�'' X g � AE��glsg flit jLIL g 'n g a� "! g •Pg=3 }� � � R. ^' 8• nb - s �` 5 ag ggyi ;$ # giE its g g a E LO LIL Cd IL t a9 6�E� i } q• g i g !. a �4 €grYp! a 5YEr �n Y €rg .pytf!7!7$7�� Rx•�&f_ Epa 4e-$g ' O �b i M �ny� i1g i3t x =4a[EI € ff It gEa g Ll r ��EgrE a� �� nE�g[[�gc a ��E• ��E� �� 3 X �= sJ n 4 • ,� . Packet Pg. 811 C.27.g 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 It- CD 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- cas 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: LO CD 1. For the period beginning with the occupancy of the Re-located Premises in Iq Ir- accordance with the Amended and Restated Lease Agreement between the City of Key cv West and Monroe County dated 2014, the Licensor hereby grants to the Licensee a revocable and non-assignable license to enter in, on, over, and across the land described on Exhibit "A", which is attached hereto and incorporated by reference (hereinafter the "Licensed Parcel"), for use by the Licensee, its agents, its contractor, its representatives, employees, and contractor's working volunteers for the purpose of exercising the animals in the conduct of its business, reserving, however, to the Licensor, its successors and assigns, all such right, title, interest and privilege as may 1 Packet Pg. 812 C.27.g 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 �s 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. cv 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 `O 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 Packet Pg. 813 C.27.g 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: �s (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. a. (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, cv 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. E Any general liability or other policy insuring the Licensor does not provide any contributing LO 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 Packet Pg. 814 C.27.g 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. F 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 a. (n 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 cv 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, E and save Licensor, its respective officers, directors, agents and employees harmless from and LO 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 cv 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 Packet Pg. 815 C.27.g 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 cv 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. a. 9. Licensee shall pay to Licensor an annual fee of Two Hundred and No/100 Dollars Cv ($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 LO ATTEST: N By: Cheryl Smith,City Clerk Craig Cates,Mayor 5 Packet Pg. 816 C.27.g Licensee: BOARD OF COUNTY COMMISSIONERS MONROE COUNTY,FLORIDA ATTEST: Amy Heavilin,Clerk By: Mayor By: Deputy Clerk �s �s MONROE COUNTY ATTORNEY APPROVED AS TO FORM: �'m�d� 41N--�rsrrnnu� CHRISTINE M. LIMBERT-BARROWS Cv ASSISTANT COUNTY ATTORNEY Date cv U) LO cv 6 Packet Pg. 817 C.27.g EXHIBIT"A" DESCRIPTION OF PARCEL LICENSED HEREIN cv �s �s cv Lo cv 0 7 Packet Pg. 818 C.27.g LEGAL t>50UPTIONr PARCEL A A parotid of fund an and adycmd to Skase Ishod,Mantua County.Monde=SOWparud b"a}art of ft lands described in TV O&W No.19M Pwil Coos G.S2 at Pigs 32 of the fr)hWckererds of the said Corntfr,TV on"No.23257(011cul Record book 269 st Pay!51 G of the maid Pulf0c Ravords)and TW Dead No.24OC7 (ORrcw1 Record Doak 355 at Page 32 or the tad public Records;this sod Farm of fend Vent's*V*w*M the canposte of the sell T11P Deeds rolerred to st ormi do said palhwl bane mom Sections 26 and 27,Tow 0up 47 Smith.Range 25 End;and the sell percd of land barng 4*m**aci by woks sad bawds an 110110; COMMENCC at the intersection or the anstety Mwd'Wy Aar of.Ainwr Como Read with the ncathedy n#"-say We of U.S.f#cow 01 of"Road Oft!flan"on sad eastary nd+t-of..ray fuse OF and A~ Cetegs Road far thin fallow"severe M coursasf (1)thane N 184 III Ef w for 3G.16 feet W a pant of cuvueure of a Circular Ciava cows"to the Soutiuesk(2)thence no thwaatmty on aria arc of new cove hft"■ radius of M.00 test and a Car"era fe of 35'OG'W Aar I C2.34 Met to the point of tafrearW(3)Wa=N 53.4716'W for 272.5C Feet to thapant or awwoure,of a circular caw concom to the Nvrthsmtc(4)themm cy aorthwnn keAy 4n the ore d mist aw hinny e a row d 39 L.02 tea&W a remtest most of 14.2W 4f7 fee 9a$I feet to the boat at turaerwi(5)OW46 N 39.21'3C W W 273.51 fast to the pent hot travatuha of a an Air curve eaneava to this Northtpmt;(Q thence northwestaily on and n5erthe O*V on do are of sad ttuve � ft" radius d 4441.65 feat and a central anion of C.M530'tar 4 11.1 S tell to a pout of termjO y,(7) !hence N 23.13'52'E for 1122.43 fad;thews N 45'3C07'!for 106.37 lest to the MINI`OF 5MMMING of tin hereaeafter described pordrt;thence N 27'37'West far a Mtman of 1372.29 teak them North 62.23' East for a distance of 1225.00 het;thins South 2737'fed for a dwtarwe of 915.62 feat to the (� southeasterly boundary brae of the lands daKnbd on Official Record book 667 at Palls 1440 of the Public Racads of Mora Cie Court' MorWaf thence South 41.44'30 Weak on the Southeasterly boundary lies of the: lulls descnfasd on the said Olhad book DG71or a Aelanoa of 26.65 fad he the Norkwbetrfy baudary Mas of the Weds deemb"in Olhad Cook 860 at Pa"19G4 d the sad Public;Itamrds;!untie on doe Northwesterly boundary Inns of the IaouY Jose*"in the Cad ORnoal Reword Cook 880 on the logo"hers(5)eeareas, (1) continua South 41 40W West for a Astmoe d 436.20 feet:(2)thence South 48.1320 Ease far a datancs of 15.00 hot(3)th owe south 41-"I V West for a lotteries of 435.66 feat to the bar}wssy of a curve bary eacw.a to the Nardow ast snot Mary s radius of 3G6C.55 toot:(4)thence 9oulhrKatsAy on the sad Curve tar an are atdanca of 239.G9 fees;(5)Owes South 45 3OVr West for a dnalencs of 147.97 fed bade to pee print of beynasng,L!9d the rdb"m(G)Paodw. LL PAP=C A pares)of fund an and odpcot to Stcot W01W.Kwwos Cosrty,M'londs;Mid parcel bang o part of the Wide deacnti"of Tpr Deod No. 19G99 piled book 6.52 at Peen 52 of the Public Rscards of tha ssid Ca**.Tiff Good No.23257(OkW Record Cook 20 at Pbye S►G of the sad Public fG000rdal and Tat'0"d No.24047 (Olhwl Record Scoff 355 at fhge 32 of the said FsAfAc RaCionds;f9+a nerd owed of land IYMaer of N*within the colapoo"of the mad TINT Da an oon falenred atiom the said pored lyery wtsn"1stbafu 26 and 27.TC7 South.R95 East:and the sad period of end(font'dmw*dd try reakaf and bounds as 1109nws: COKMOOM at the arftrsedwn of the euatasry rsghf of way lima of J~LoFeys RMd wets Mrs of U.S.Nyhtrfsy l 1(Slats(!Dill fSF. tit NI8•A f'I d'W for CD 3G.I G feat to a pone of c ivebrro of a curve eorcars to des Soulhwpk tharoa month amberlya"the arc of said cueva hor,"a radius of 2G6.00 test and a cfrdirN an#c;of 3S'O6409?has 1 C234 toot to a pant of tangent'.thence N53'+47I&W far 272.64 Nast to the Pond of ourMtkw'a d.f am cousin to the 1Mw*w*. Iq tfm+ee nordnwoskery an the are of and curs luv-g a radw of 36 1.02 foot wed a A a*of I4'2S'417 for 90A i feet to a point at teaysaw,thence NSW--1'36'W for 973.51 fast to the pond of cimatere of a curve 4mc"to the Northeast,thvied O&IWA OWty an AW wrawastery an du art.d card aaurve N" 18/ s radius of 446.66 tad and a awMsf anon d C29530'for 488,15 feet to a pant of tatyrio,,thence NW 135212 for 1122.43 fedl,!states N45430)Dr!for � 279.04 kit to s part d curwha e d•cuva donors fain the Nortlswadf lkarepa r etery an red arc of sod chew!h"a rsdaa d 3666.55 fad ad a ow" mom of 232W for s distance of 10.53 feat to the POINT OF BEGINNING Of the hWWU kW dOW"dd Prod C; thence NW4Y4r W fora Asian"Of 220.84 fast to a pant of curvature of a Curve eafrive to the Southosth thanes nottlisforterV on ties arc d mid cww haruy a m1rus at 40.00 teat Nad a ca thud moil o1 89'23'27 for G2.4 f last to a poW of tsngerfi*thence N42.9813'E fa s daat-hcs Of thence 04 54114GSG'W for a distance of 97.29 Met to a pant of oawkdre of a curve apnwa to ft tM tlwrast thence sartlrlaaKshyr an hie arc d said cwvs If"a fed" of 3C6C.55 toot and a Central amgb of t'11 h01' for a!stance of 7G.1 6+64 back to the PONT'OF 09401ltIM. Congo"43.0 10 eq.1t.11.0 f iaarl. � PARCEL C A pmeal of fad on and adjacent to Stack Island,Monroe County,Mon&,mad pared beery a pat of the funds described in TOP Dosd No. 190"(Dead took G-52 at U) PsV 32 of an r ubae Raoorda of the sad County.'nr Dead No.23257(Official Record Cook 2G9 at see 51 G of the said Public Records)and TOP Dead No.24%7 0 (Official Record boots 353 at Pays 32 of the said tithe Recardr.the sad portal of lead d a tray*No the mnyos"d an ter, d TftP Des",do apd to shone; the mid parcel hen wow 3ootaons 24 and 27.T67 youth.R2b East:and Na aid d rover aid y"desp 0 by afakrs and bmrndr me blown, COWeNCE at this atmmesron of the arils!V n$"OW u 00 JWMW CCINW lsrad+U%the no rthwhr lice of U.S.rb hsisy*I(Stage RMJ 05). dimos/t 1604111 V W for � S4.1 c toot to a paint of wrvaswura of a akve concava to do Swank there rairthwastauty tin the ono of sad ourw h" r*M*at 265,00 east and a vantrd angle of 36'OGW fa 192,34 fleet co a pease of tonyaacy;therwe NS3 471 ty W for 272.56 teat to do pant of ca veturs of a caws!wrens to the Norgrassko tho win,norliwastai an the arc of sad eorwa loving a radho of 3G 1.02 fad and a central angle of 14.2y 4a for 90.51 rest to a post of to 4pw.thence N38.2136'W for 273.51 fast to the pone of Curvature of a curvs Corwin to the Norbraak thence northwestar1r,on oM naadneseterty on end arc of aid curve haring a rsds»of 446.86 test and a cahatral aegis of C.M5"W for 486.15 led to a pant of to goW,thesis N23'13'5V E for 1122.43 ft et-,tharrs IW 5'900r E for 27C.04 feet to a pout of crrvabrc of a Carves concave to the Northwest thanes nortrsately an the we of sad curve h"a nadus of 3G8G.55 het and a cor" w9fa of 3'43'3 f'for a distance ail 239,G9 fast:thows.Nit 1.4C'3G'E for a distance of 97.29 feed to the POINT Of BEGINNING of the herashdhr desrnbad Forest Gin tCI therca N46'13'241 W to s afutmen of 256.97 led;tihehca IdA2'36•13•!fa a Mranes d 172.77 Main,thence 3411P 13'24'E for a dhststre of 249.02 leak CD dance 34 i 403V W for a dugna of 172.50 fast bosh to the POINT OF BEGINNING. Con ufang 43,769 sq.R./1.0I awes. FAIM D A partial of Imd an and adpeent to Stock Island.Monroe County.Florida:sad pared bony o pat or the funds described in TIIP Dead No. I SG"Mind book G.i'2 at 04 Page 32 d the PvbThc Records of the said County,TIIF Dead No.23257(Official Record Book 2G9 at Page S 1 G of the sod Public Recalls)and Tiff Dead No.240G7 (ORKNI Record Book 355 at Pane 32 of the sad rutrc Records;the sad parcel of land lying anhrsy within Via composts of era mid'I'll?Daods mlarred to abom r- the said pared"rthn Seetrna 29 and 27,TG7 South,K25 East;AW the sod Forcal of WW be"desenbad ty notes ard bards as hoses! COMkrNCE at the -*enaction of the a sterfy ria3lrbaRwaY line of.luhmr Cdege Road with the northerly nyhFd-way one of U.S.Hmpurry 01(State Road 415); them N 16041'1 b•W for 3G.I C Feet to a Foot of curvature of a Cifra caarave to the Sorft west;thence northwastarly on the arc of sad aria having a radafe of 295.00 tad and a central ardgls or 35'OG 00'lac 1 G2.34 fed to a pant of two .Ane)r thence N53147 1 nY W far,272.SG led to the pant at cot wture of a cove more to the Abrthent thence noNwssterfy on this are of said curve luwhy a radw of 36 1.02 feat and a cestnf angle of 14'2W 40'for 90.91 last to a paint of tenemw.thowa N3912 I'3ar W for 273.51 lad to the pest of carYahlfa of a curve concave to dr Northeast;th ws nort amstarly on and port eaateAy on ft we of sad curve Ilarsb a radwa of 44C.65 fed and a central ohyls of C23Y30"has 488.15 Fad go pant of asngengC;theo N231 I V52"C her 1122.43 fart;there N4530'07'E far 27G.04 fad to a pant d wneturs d a Curve concave to the Northwest;thence,northms"an the arc of sod curs haany a radw d86 36 .55 fed and a co" yle of 3.4VS I'u for a distance of 239.C9 leak thence N4 I WIG'E for a drsWsce of 2C9.79 het to the POINT OF BEGINNING of the haranaftr dsawbsd Parcel 1), N4 W 13'24'W for a dhdance of 249.02 fad;lhehes N42•3813'E for a dutence of 15.71 teat to the rant of coatws of a cups Corwin to the 5cuticast;melee nathmshery on the are of sahal arms hswng a radius of 300.00 het and a central xqc of 23'S8'22'for 125.2G fed to a part of tmilfm y; thence NG8.544W!for a distance of 69.99 todt thence S48'1312411 for*distance of I G8.71(sell thence 34164Q3C W for a dutfum d 32,13 foot;thence 548'13'24'E for a distance of 15.00 feet;tierce S4 I.4C3C'W for a distance of 195.87 toot bath to ft POINT OF BEGINIIING. Contaswy 44.927 art.It./1.02 acres. Packet Pg. 819 C.27.g PARCtL� A pmaast of rand 00 Aral sdy Mel to 5t"Wised.AAanip"Canty,fkndat sad owvW bong a port of the Wtd&debunbeal In 71lf DaW Na t 99"Pond Book G^W at Psee 32 d the NONE Uorda of the aard Canty,TV Dead Mo.232S7(OhAaf tAwWd Soak 2GS of page 516 at the owif Pvt*c ft=weh).old TUr O"d 90.24047 (Of tmd Romano Bak 361 ab f°.ye St at the"W PVMC Rdaar'da;UWo sad(WOW CO WW"now*vanwr tho Campoilio of Oho vied Tie OWAO ealphmed to abavda Ow toed parcel fYav9 wthn She 2c and 27,Ta><v ww C7`3a",POW 25 Emek said the"W paned of toad 0"demeatbed by mopes Anil O Wilds as kilaw►: COWOxx at the WAAWSMOW 04 Ow moray r.ght-OFAW bow of Jomer Coto"Reed WO the norttoarb r*t O war Ica of OS.►0giasy r 1(3lats PAW 113), theme* N 1641'f C W for 34.t C 64 to a 004 of c ovaberd of a ONVIS,aaAC,re to the SaVfWpt;thane f4fVWAN60rly CO"W WC of soul arsarve wvng,e144arf Of 265,00 teat end a control sr#e of 35R?CW lay f C2.34 fact to,pant of brdJow.dame 4W47 1 t&W for 272.59 f4at to the peat of aaystan d a alvc u>naaft to bsc wwvwast;.OVA"rmrthiinso Al an tiro arc at ew 4AVs a akka of 3C 1.02 feet and A ca"seye of 14e 2W 40f for 60.91 Mat to a po"*at talwoo rr,. thanot N39'2 i 3H'W for 273.51 led to On toot of wwAO"of a a4w conaava to this Nbohee"k t awe an a w po omoterhI an OR am of sad aurva-N"s radon d 446 AS feat awd.a C&WW angta d C2"3SW kv 488,1 S feet to A panx of tar4aW,Wan".N23r 13'S2'L for t 122.45 fe st,Ounce N4S`30'0T E for 274.04 foot to A pant of A watwd OF a wrM Caresw w that Noro wtAc thsrwar horokunts"y c"the Are of aamd etwwo Arrawa a rsa4twa of 3QK.55 teat and p ce+krsl ante d 3*43'3 t'fax a abtaWms of MAP Met:bums N41*AC39'a tar,dmlatee d 43S.CC iati thsmot MMV 1324,W for a ddtar4a of 19.w fast;!homes u41`4s3C'C for A dWrw"d 32.13 test to tan►MW Of WSM ANG of IM hawaski r deart#wi Pxeai F-thane N4w 1 Yoe W torsi 4atmce of 1 48.71 last;trmaoee MCt7"s5311 a for a,ddtanas of 20A7 We to the part an o awe*cahaave to the Nortl1wicA ti"a lord besretg MS 114911 AV far A Antmec 01 125.0C fact:tharce nordfeaatary on the are:of s+td pave A sons at 167.96 test and a tend&VO of 366E I WV for 127.45 fast bo a porrh pw c KSWi 02V f for a abtam a of 79,13 tent;{hose MOP 13'24`P tot a dooms of 108.56 toot:plaice:541a4936'W kw A efatwo at 22 t.46 lack butt to the CD POINT Of tleg"NG. Oanatbeal tnd codaan O.W aarra MM OR USS, 04 rMCC,f A pwQO of lad an and My rent to Stock 1AW.MCrwae County,F etdsz Bawd Pancnlaene a port d the wade dosearped to Tiff 0end No. I tS699(Dam am*G-M at Po+ggoe 32 of tho PWpba R4asrds all 04 ssd Cainty,nW Owed No.23257 Mckid Roonhd!lack 260 at pads 51 C d the sad VWAo Ieeodndo)and YW Dead No.2,4067 40&w ftewis cook 355 at Pao 3Z of ohs raid PubbC P.Sowds;the sod P,racl of Ord fir+sfl WON*vw"wrn eM+uMfOlb"or the Sand 1W vWds fwa"d to abavms Ow rid ewvw Mr4%ow Ood wo 26 and 27.7apmelstp 67 Booth.Rings 23 Usk And the said pars!of UW%"doaentaad by slates erd bawd&me fGaowoo Comm*=At dos wwroadwun Of tha aastato^ghto!vysy and of Jww Cafoge Reed*0 tale rMrthrrly Mgt*-err way 4na of U.S.r%#Mayl r gko s Rnsd os9' thence (3 N 16141't a'W for 31;.1 C red to A paint'Of Cwrvatora of A twvo mtCAve w the 9oettwol4l theme rwrttra> r tan"ova or&sail arra hawtg a rodwe of 265.00 tawt and a cw*M m4f;of SVOCW for 162.34 Feet to A pain at t uwpoty;thanac 1153`471 er w tar 272.56 tent to the povor of aaavalwa of a**w famous to Ow l kN h#A*,t►vewaoe cwthimintchb an the sra of sad rumva h inM a raalin of 39 1.021&$and a pietist Angie of 14.2V 40 for 00.91 bet to s paint of toolporrcy; thane&R39*21IS&W for 27541 Mot to Ow Pau*of curwtwo of 0 Q%%*"wicove to the NoAhAwk Owww rortkonat"OM and norffianastary on th,err of said camel h.rawp a nAwe of 44C.a5 fact and s conwaf on#*d 62'S8'30'Imo 466.15 tract to a pow t of basowW.theme M23.13%'t far 1122.43 facts dionce WS13001"E 1w 27G.04 faro tar a pas*of oevotwo of a arm coiwcava to the*l r1hv n4 Owma,awnwasttrly on Ow nC of cad cause M"a radio of 368C.35 too and a Ca wAi sr4s aif r433 0 far A atltatatcaaF 399.0 hack OWaiM 04 t r463C't;fora A dl A33.CC lock-bw"tM8r1324'W far a mUtwoo of MOO OO CL fact:ehanos 014►'4G3W E far a A%towe d 253.G3 feet to tiro row or BEGMNING. N4tar t BMW w for a 401ome of MG.7 t foetf ttrorGa N1C'IF1S00'E for s deebwe at 251.34 feat;thawA-04MIICW E for a&star"of 243.58 fork thatce SA 1'4CBC'W for a Asinve of 1 C4.71 Aed bsdm W bla 1 O1W Of OeammmG. O*w&ad viiet aantuft 1.02 a0reas►ttM OR try$. . - PAPM G Iq A paroal d Wd vn and ad}aedrst to Stodt Wand.Arrant!Ca ovol.Morutio and swam bang A pat of On bn&ataecnbed tot Top Owd Ifs f 9qs IDaaI Soak C•32 at Pago 32 01 the RWhc Rasaor&of the aWd Cow*,UP Oiled No.23ZS7(O#cW RatGw4 Dot*2C9 ail"S I C of this sod Pvbke 11 naomeis)&W TO Dead No.24OC7 CD Cy (OR,mai RACWO Doak 355 at Pyga 32 of talc a"FVKC PAGOr4es the sad pwvw of lard""m1Rmw>y/esthen the campa&:te ON Woe sod TV Oeeda e l fe cad to amawae: On awd;pxcet A u+9 wthxr 5ectwrrs aG and 27.Tam G7'3meth. 2S East:spot tka OW paow of4W W bong,deacnbsd by Ono bmwe4s a&klrata: CD COMMewa at the MteKOCGdr or the O" ry V44-a4•lwy bw of;hnrwe�Rene Sate the mixtsa''ty'+9*d'm'Ay bw of U.9.nyhrwry 01 Obft Road 4* Mae= N t 8'41'1 s W for 3C,1 C met to a taut a 4av44110ra al a Oxw Cnheavrr to the--Vvoma$4 awwo r4roWN44bfy an this art d ascot came:!way a redw at ZG5.00 Iq loot aril a annual angle of 354)GW for 1499,34 fast to a tows of ttmaence W53471 E W far 272.SC feat to the point of O vAWrc of a pawn coat"to the Flpr"Wo"thence rAf*NMMtwv an the am d MW 00ve hWgNW'nS s ra"d 3C 1.02 feet aaw s awnbraf en{tle of 14'2W 40'for 9"1 tan to a pant of tar4coa" � de s N39'2 f 3d'W for E73,51 ken to the row d awvatwis d a ewe coma e t o no Not"woKt thence eae4lrwssta*0e am*(tar/ Carve hasWy s radrw aa1 A4C.40 fed ands c&*A1^U*of C2r3590f for 480.1 S!sat tb a toot!d taAf)ermry;tltaares N23r t 3"i?'d IN 1 122.43 faak"wants N4 S*30'Or L far 27C.04 test to A porn d cavatane d A Cetus GaYtCav a t0"a0 Narthwa ilk thanes owthasaw y Ce ewe arc d v hd cWw foamy a radam d 3Caf.55 fret and a aoftnil amp of 3043131'^fdr a aAstarm al 238.C8 leas: 141004 N41 r46'3C't 1W A dntenee Of 435.CC tub;thaWt 14146a13r2e1'W oar A 4114100615 of 15.00 cost;thanes M4 14C'JC't 1w a deatowca of 418.3A feat to the s aNT of De MNwa.,ocimoa N27rr374v W In A atatonGe of 243.50 feet;!name M3C""59'OW f lac 04 a c%tsnw d 48.221aat;tl omit S2 7r370M Ekes datoinew d 247.95 Sent hbtanCe?S+t 1r4C 3f:W far a dWetener d 4C.S t Ida!bAca on tlws fORe f tJ'tntON WNG, DMOWd trsct carttam 0.25 sealers MORE=OR 105 U) LO Col O Packet Pg. 820