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Item C27
C.27' J BOARD OF COUNTY COMMISSIONERS County of Monroe ire �f �rnl'PC ��l� Mayor Heather Carruthers,District 3 IleOI1da Keys Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District I David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting August 19, 2020 Agenda Item Number: C.27 Agenda Item Summary #7195 BULK ITEM: Yes DEPARTMENT: Animal Control TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292-4441 No AGENDA ITEM WORDING: Approval of the 7th Amendment to the Key West FKSPCA contract for animal control services to replace the estimated allowance with actual expenses for utilities, insurance, and maintenance for the new facility. This increases the contract by $8,350.94. It is paid out of ad valorem funds. ITEM BACKGROUND: This item seeks approval of Amendment 7 to the Key West FKSPCA contract as follows: - Effective May 1, 2020, revise the annual contract stipend to include the additional $205,046.94 into the maximum annual contract year stipend. - Effective May 1, 2020, remove the interim maximum reimbursable utilities, insurance and maintenance allowance of$196,696.00. - This is a net increase of$8,350.94 annually. Summary: With the occupancy of the new facility, the BOCC approved contract anticipated increased operation and maintenance costs related to the new facility. In August 2018 the BOCC approved the 4th amendment to the Key West FKSPCA contract which allowed an increase in the annual stipend based on an aggregate estimate that the increased utilities and, insurance, and maintenance of the facility would increase by $196,696.00. That amendment also contemplated that the County and FKSPCA would perform a detailed evaluation comparing 2018 and 2019 to develop an actual change to the stipend going forward. That analysis is now complete. The actual increase in expenses is $205,046.94. PREVIOUS RELEVANT BOCC ACTION: May 1, 2014 The initial contract was approved by BOCC April 20, 2015 BOCC approval of Pt amendment(CPI) May 17, 2016 BOCC approval of 2ad amendment(CPI) May 16, 2017 BOCC approval of 3rd amendment(CPI) Packet Pg. 1111 C.27 August 15, 2018 BOCC approval of 4th amendment(new building expenses added) May 22, 2019 BOCC approval of 5th amendment(CPI) July 15, 2020 BOCC approval of 6th amendment(CPI& eliminate monthly maximum for insurance payments). CONTRACT/AGREEMENT CHANGES: YES STAFF RECOMMENDATION: Approval DOCUMENTATION: WITNESSED AND STAMPED EXECUTED Amendment 7 (KW FKSPCA) (Final)(clean) (8/6/20) REVISED 2020-08-03 KW FKSPCA Recommenadtion (Final) (8/5/20) 6th Amendment 07_15_2020 5th Amendment 2019-05-22 4th Amendment 08152018 3rd Amendment 05162018 2nd Amendment 05172017 1 st Amendment 04202016 2014-05-01 Amended& Restated Contract FINANCIAL IMPACT: Effective Date: May 1, 2020 Expiration Date: April 30, 2034 Total Dollar Value of Contract: $755,933.74/year Total Cost to County: $755,933.74/year Current Year Portion: $314,972.39 Budgeted: Yes Source of Funds: ad valorem CPI: Yes, annually Indirect Costs: staff time Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: N/A County Match: N/A Insurance Required: Yes Additional Details: N/A N/A Net increase of$8,350.94 to existing contract Packet Pg. 1112 C.27 REVIEWED BY: Kevin Wilson Completed 08/04/2020 12:16 PM Christine Limbert Completed 08/04/2020 1:09 PM Purchasing Completed 08/04/2020 1:23 PM Budget and Finance Completed 08/04/2020 1:46 PM Maria Slavik Completed 08/04/2020 2:16 PM Kathy Peters Completed 08/04/2020 5:37 PM Board of County Commissioners Pending 08/19/2020 9:00 AM Packet Pg. 1113 7th Amendment FKSPCA Lower Keys Animal Control contract SEVENETH AMENDMENT TO CONTRACT (Operation of the Key West Animal Shelter) THIS SEVENTH AMENDMENT TO CONTRACT is entered into this 19th day of August, 2020, between Monroe County Board of County Commissioners (County) and Florida Keys Society for Prevention of Cruelty to Animals, Inc., a Florida not-for-profit corporation CL (FKSPCA/Contractor), in order to amend the Agreement dated May 1, 2014, and as amended on W April 20, 2016; May 17, 2017; May 16, 2018; August 15, 2018; May 22, 2019, and N July 1 5 , 2020as 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 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 ot� WHEREAS, the County and FKSPCA agreed in the 4rh Amendment that the estimated amount of increased utilities, insurance, and maintenance costs would be $196,696, and ar WHEREAS, the County and FKSPCA agreed in that 4"' Amendment that the amount for the � i� additional expenses would be adjusted in future amendments based upon a comparison of those expenses between those incurred at the previous facility and those incurred after occupation of the CL new facility which occurred in early 2019, and U- WHEREAS, the County and FKSPCA have reviewed the 2018 and 2019 expenses and have concluded that the actual increase in expenses is actually $205,046.94 rather than the Amendment 4 r. estimate of$196,696.00, for a net increase in the annual stipend of$8,350.94, and WHEREAS, the County and FKSPCA wish to include this amount in the annual stipend replacing the estimated amount of$196,696.00, and ar WHEREAS, the County and FKSPCA wish to eliminate the special accounting required to track these additional expense by including the total amount in the annual stipend,; LU c, NOW THEREFORE IN CONSIDERATION of the mutual promises contained herein, the parties LU hereby agree as follows: LU w CL 1. Paragraph 2, AMOUNT OF AGREEMENT /AVAILABILITY OF FUNDS, is revised to read as follows (new wording is underlined/removed wording is struck through). The County, in consideration of the Contractor substantially and satisfactorily performing and carrying out the duties of the County as to providing animal control services and enforcement of laws related to animals in Monroe County, Florida, shall pay to the Contractor a not to exceed amount of Seven Hundred Sixty Eight thousand Six Hundred Four DOLLARS and Fourteen z CENTS ($768,604.14) Five Hundred d Fifteen thousand OL n n c and zero GF=N rc ($545,899)per year on a reimbursement basis. Reimbursements requests will be submitted monthly. All expenses allowable under this contract will be reimbursed until the not to exceed maximum for the contract year is reached. If this contract is terminated on any date other than E the annual anniversary date of the contract, the contractor will repay to the County any reimbursements received that exceed the prorated amount based on the percentage of the 1 Packet Pg. 1114 71"Amendment FKSPCA Lower Keys Animal Control contract contract year elapsed as of that termination date. Allowable expenses will only reimbursed in the contract year in which they were incurred (i.e. expenses incurred in one contract year will not be "rolled forward" for reimbursement in a subsequent year just because the prior year's maximum reimbursement was already paid). If less than the maximum reimbursement was claimed in any contract year, those funds shall revert to the County (i.e., unused funds at the end of the contract U year shall not be "rolled over" into the next contract year).The contract amount, upon n4utual e( CL bFeefflent by the s N 0 If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the Contractor. The Board shall not be obligated to pay for any services or goods provided by the Contractor after the Contractor has received written notice of termination,unless otherwise required by law. 2. This Amendment shall be retroactively effective to May 1, 2020. 3. In all other respects, the remaining terms of the Agreement dated May 14, 2014 as amended, not inconsistent herewith, shall remain if full force and effect. CL IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above. (SEAL) Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA By. By. cJ As Deputy Clerk Mayor/Chairman Mor,ROE COUNTY ATTORNEY UJ ? aPP v oASTora a: p FeL� - YaTI L4 UJ CHRISTME LIMBERT•BARROWS CL ASSISTANT COUNTY ATTORNEY (SEAL) CONTRACTOR: DATE_ Z/6129 FLORIDA KEYS SOCIETY FOR °® THE PREVENTION OF CRUELTY TO z ANIMALS, INC. Attest: f r' By: i By: WITN SS r Executive Director Title: Lk, (-C L_01 Title: m I SS 2 Packet Pg. 1115 7th Amendment FKSPCA Lower Keys Animal Control contract 0 CL cv c cv CL r. CL 3 Packet Pg. 1116 C.27.b BOARD OF COUNTY COMMISSIONERS IL'ounty of MonroetR Mayor Heather Carruthers,District 3 fi��� The Florida Keys Mayor Pro Tern Michelle Coldiron,District 2 y � .�y ,� Craig Cates,District 1 David Rice,District 4 Sylvia J.Murphy,District 5 re MEMORANDUM E DATE: 3 August 2020 TO: BOCC, Administrator FROM: Kevin G. Wilson, P.E. CL SUBJECT: Amendment 7 for FKSPCA in Key West Recommended Actions: N Approve Amendment 7 to the Key West FKSPCA contract as follows: Effective May 1, 2020, revise the annual contract stipend to include the actual additional cost of $205,046.94, for utilities, insurance and maintenance, into the maximum annual contract year LO stipend and remove the interim maximum reimbursable cost for utilities, insurance and maintenance in the amount of$196,696.00 Summary With the occupancy of the new facility, the BOCC approved contract anticipated increased operation and maintenance costs related to the new facility. In August 2018 the BOCC approved the 4t" amendment to the Key West FKSPCA contract which allowed an increase in the annual c stipend based on an aggregate estimate that the increased utilities and, insurance, and maintenance of the facility would increase by $196,696.00. That amendment also contemplated CL that the County and FKSPCA would perform a detailed evaluation comparing 2018 and 2019 to develop an actual amount to the stipend going forward. That analysis is now complete. The actual increase in expenses is $205,046.94. r9 co CD Background The following is based on County staff research into actual utility bills and additional information provided by the FKSPCA with backup for the insurance and maintenance contracts. Detailed LU documentation is provided at Exhibit A. UTILITIES Electricity The Amendment 4 estimate for increased electric costs was $47,244. As you see below the actual increase of the electric bill from 2018 to 2019 was $48,047.77. In the reconciliation amendment, we will use $48,047.77 which would be an increase over amendment 4 of$803.77. Packet Pg. 1117 C.27.b Electric Exceedance Amendment 4 to contract in lieu 2018 2019 of 2019 Allowance Difference of Amendment 4 $13,202.29 $61,250.06 $48,047.77 $47,244.001 $803.77 $48,047.77 r�. Water The Amendment 4 estimate for increased water costs was $2,064.00. As you see below the actual increase of the water bill from 2018 to 2019 was $3,376.33. In the reconciliation amendment, we will use $3,376.33, which would be an increase over amendment 4 of$1,312.33. Water Actual Proposed addition 0 Exceedance Amendment 4 to contract in lieu 2018 2019 of 2019 Allowance Difference of Amendment 4 CL $3,638.88 $7,015.21 $3,376.33 $2,064.00 $1,312.33 $3,376.33 Wastewater (Sewer) The Amendment 4 estimate for increased wastewater (sewer) costs was $3,288.00. As you see below N the actual increase of the sewer bill from 2018 to 2019 was $4,293.01. In the reconciliation amendment, we will use $4,293.01, which would be an increase over amendment 4 of$1,005.01. cv Sewer 'n Actual Proposed addition Exceedance Amendment 4 to contract in lieu 76 2018 2019 of 2019 Allowance Difference of Amendment 4 $7,079.22 $11,372.23 $4,293.01 $3,288.00 $1,005.01 $4,293.01 MAINTENANCE & INSURANCE m Insurance 0 The Amendment 4 estimate for increased insurance costs was $52,000.00. As you see below the actual increase of the insurance bill from 2018 to 2019 was $36,600.93. In the reconciliation CL amendment, we will use $36,600.93, which would be a decrease over amendment 4 of$15,399.07. Insurance r9 Actual Proposed addition CO CD Exceedance Amendment 4 to contract in lieu 2018 2019 of 2019 Allowance Difference of Amendment 4 CD cv $15,179.28 $51,780.21 $36,600.93 $52,000.00 -$15,399.07 $36,600,93 Packet Pg. 1118 Maintenance Expenses (contracts) The Amendment 4 estimate for various maintenance contracts, etc. was $50,100.00. The contracts and or fees actually incurred are itemized below (under "Details"). The actual amounts for the contracts now entered into were new costs due to the new facility with the exception of the solid waste contract for which only the increased amount from 2018 is used in this analysis. The increase from the 2018 amounts to the actual ongoing amounts is $70,728.90. In the reconciliation amendment, we will use $70,728.90, which would be an increase over amendment 4 of$20,368.90. Summary of Maintenance & Insurance Maintenance Actual Proposed addition CL Exceedance Amendment 4 to contract in lieu 2018 2019 of 2019 Allowance Difference of Amendment 4 W $0.00 $70,728.90 $70,728.90 $50,100.00 $20,628.90 $70,728.90 N Details of Maintenance & Insurance cv HVAC maintenance agreement-mechanical $3,574.00 Debonair-quote attached-4 visits per year LID HVAC maintenance agreement-control system $4,400.00 Advanced Control-reed quotes for plans ranging$4,400-$11,300(Advanced Control is proprietary system) Elevators maintenance agreement $6,240.00 Maverick Elevators-signed contract$1560 per Qtr _ Elevators annual inspection $150.00 Bureau of elevator safety Generator maintenance agreement $1,750.00 Keys Power Systems-$1,750 per yr-they come 2x per yer _ Annual fuel for generator $1,875.00 Dion's fuel-$2,549 @ 3/2019(Co paid)&$1,201.70 @ 7/6/20(Avg=$1,875) Elevator&Fire alarm monitoring $792.00 lHyTech solutions-monitors elevator and fire phone lines$264 per yr each Comcast/ATT $3,364.00 Phone lines for elevator&fire system avg$280/mo Annual fire extinguisher maintenance $140.00 Keys Fire Extinguishers,Inc Fire sprinkler inspection $750.00 Gary's Plumbing-annual inspection only-no maintenance agreement Fire Alarm maintenance $0.00 No separate alarm maintenance-monitoring included in$792 above Roofing maintenance agreement $4,954.10 PSI-$49,54110yr agreeement;used annual average Pumping station agreement $2,032.20 US Water-contract @$169.35 per month Irrigation system No maintenance contract will pay for repairs as needed Janitorial Service contract $20,800.00 lCleaning Key West-2x perweek@$200each=$400x 52=$20,800 0 Monthly computer network mtn&support $12,768.00 ITKey West monthly amount$1,064/mo-see email fordescription ofservices-we have been submittingon A4 invoices Monthly telephone ma intenance&support $1,500.00 ITKey West monthly amount$125 per month-see email fordescription of services-we have been submittingon A4invoices Pest Control $900.00 Keys Pest Control$75 per month Waste Management $4,689.60 Increase to larger dumpster;was paying$375/mo at old shelter now$766 City of Key West alarm permit fee $50.00 CL SUBTOTAL $70,728.90 ILL CD CD CD CD LU LU Packet Pg. 1119 C.27.b EXH I BIT A r�. 0 CL LO u w CL r9 co CD CD CN CD N LU LU Packet Pg. 1120 C.27.b From: Cindy McVeigh To: Wilson-Kevin; LoSacco-Tina Cc: Sue Turner;Tammy Fox, FKSPCA; "Carol Narkiewicz" Subject: Amendment 4 reconciliation Date: Wednesday,July 29, 2020 9:14:04 AM Attachments: Advanced Control-Service Aareement Proposal(HVAC controls).Ddf 10371 Dions Fuels.ndf E US Water-numaing station agreement.Ddf FW FKSPA Description of Information Technology Services.msg Gary"s Plumbing-fire sprinkler insDection.Ddf PSI-resived contract July 2020.Ddf Debonair HVAC Inspection Contract.Ddf Amendment 4-Reconciliation&Mtn detail.xlsx 0 CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. CL c, Kevin—attached please find our analysis of Amendment 4 expenses. (Excel spreadsheet) We are in agreement with your numbers for utilities, insurance, and staff. Currently, due to issues we have had with some of the original construction HVAC components/controls and roofing—we did not — have to implement maintenance agreements while the issues were resolved. Therefore, these expenses were not in 2019 actuals used in the County's calculation. There are also a few items we did not anticipate in our original estimates such as computer network maintenance and generator fuel. I have included pending agreements and/or documentation for the items FKSPCA has added to the LO County's calculation. 76 After you have reviewed, if you have any questions,we would like to schedule a conference call to _ discuss. 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Below is a description of the services provided under the two monthly plans-one for technology and one for telephones. — Please let me know if you need any additional information. cv Computer&Technology Support-Stock Island &Marathon Shelter '' • Cost:$1,064.00 monthly • Based on: 2 Servers; 20 workstations; 8 network devices (routers/switches) - Non-Profit discount: 30% • 3 Hours Support Included to resolve issues -issues/projects outside of regular maintenance are billed at $160.00/hr. • Setup of new workstations • Anti-Virus: Enterprise Level Antivirus • Backup& Recovery: Workstation documents only o • Backup& Recovery: Server all files • Network device upgrades& patch management • Web Filter to control web content users can accessCL U • Windows/MacOS system upgrades& patch management • 24/7 monitoring of computers& servers • 24/7 monitoring of network devices • Quick help desktop app to contact ITKW r9 CO CD CD VoIP Internet Telephone System Maintenance-Stock Island Shelter CD cv • Cost:$125.00 monthly _ • Based on $5.00 per extension (currently 25 extensions) - Non-Profit discount(standard pricing is$15.00/ext. - > $375.00) • Updates to software for the core phone controller system, hosted on FKSPCA Server. • Updates to firmware Vol Yealink telephones. • Support for end-user changes (such as changes to announcements or system operation). • Support for end-user questions/problems. 1 Packet Pg. 1124 C.27.b Keith MacDonald IT Key West www.itkevwest.com - IT Consulting 1200 4th Street#213, Key West, Florida 33040 Office: 305-290-2266 /Mobile: 305-509-2057 0 LO CL 0 U co CD CD CD CL LU LU 2 Packet Pg. 1125 FLORIDA KEYS SPCA C.27.b 7/2/2020 Dion's Fuels Discount Payment .7 1,201 Date Type Reference Original A 7 Balance Due0 1,201.70 1,201.70 6/26/2020 Bill 1188253 Check Amount 1,201.70 r�. 0 1,201.70 IL Checking-FKSPCA O 23430206 LO 0 U w CL r9 co CD CD CD LU N Packet Pg. 1126 C.27.b - . . �1,;�GL7�R ,-V",N'j,, � Hi i,1ESTEAD, FL 33030 inGolcc No: Invoice Date: 06/26/20 Ship Date: Phone: (305) 245-2000 Fax: (305) 247-4191 Profit Center: 28 Sold FLORIDA KEYS SPCA Ship FLORIDA KEYS SPCA To: CAROL NARKIEWICZ To: CAROL NARKIEWICZ 57' 1 COLLEGE ROAD 0 site: 108 - Account No:23430206 PO No: Terms: CASH ON DELIVERY CL Ship Via: Sales ID:JR BOL/Ship.Order: >----------- ------------------------------- ----------------------- -- Product Code Shipped/ Price U - --- -- -------------------- r _1 - --. L -Se L Vr r_ t _ r X,J;3 3 C,. 8 610GAL DYED LOW-SULFUR DIESEL 610 GAL 1 -94613 1187.14 0) LEAKY UNDERGR ST TAX 610.0 .00100 .61 tV FED SPILL/ENV RECOVERY FEE 610.0 .00214 1.31 LO FL POLLUTION TAXES r 610.0 02071 12.64 00 bt LE" n I ' — — L` "a ?F '�C'T7 TT� pe rm: L �ivnv.e � ------------- -\\ Total Amount: 1,201.70 i L� 0 CL co CD CD ------------------------------------------------------------ N FL POLLUTANTS TAX PAID BY 810935086. U Packet Pg. 1127 INVOICE DION FUELS LLC C.27.b 412 S. FLAGLER AVENUE PAGE NO.�INVOICE DATE HOMESTEAD, FL 33030 PH: 305-245-2000 FX: 305-247-4191 WAREHOUSE INVOICE E SOLD SHIP hc' TO: TO. et A j 0 L) P.O.NUMBER ACCOUNT NO. SHIP VIA I.D.SALES 13.01, ORDER SHIPPING TERMS CL �41 u- YvIf 0 C44 Lo 2 C','7 u- "'3 4 E E 0 u w CL U) �d u- TOTAL 11 ... .. ... 41", AMOUNT CD L I co CD i CD ....... ........ CD C44 !3 C44 U) E u Packet Pg. 1128 C.27.b ADVANCED Service Agreement 6001 NE 14th Ave•F1 Lauderdale,FL 33334•Tel,954.491.6660•Fax.954.491.5772•www.ACCtlorida.com h SERVICE & MAINTENANCE AGREEMENT Prepared for: 0 LO Florida Keys SPCA U Prepared by: Advanced Control Corporation 6001 NE 14t"Avenue Fort Lauderdale, FL 33334 r9 Co Federal Tax ID Number: F650198848 Phone: 954-491-6660 CD N Fax: 954-491-6772 N July 13,2020 > Page 1 of 8 Building Automation,Security,CCTV,Sales&Service Florida Keys SPCA-Service Agreement Proposal Customer Initials Packet Pg. 1129 C.27.b ADVANCED Service Agreement 6001 NE 14th Ave•F1 Lauderdale,FL 33334•Tel,954.491.6660.Fax.954.491.5772•www.ACCtlorida.com YOUR SERVICE AGREEMENT INVESTMENT& DETAILS Property Information Florida Keys SPCA 5711 College Rd Key West FL 33040 Agreement Term Information 0 Initial Term Start Date: 8/1/2020 Initial Term End Date: 7/31/2021 CL Number of Preventive Maintenance Inspections Annually 4 Number of Hours of Priority Service Response Included 8 Type of Service Being Provided ❑ Preventive Maintenance $ 4,400.00 ❑ Preventive Maintenance Plus Full Service Labor $ 8,360.00LO N ❑ Preventive Maintenance Plus Full Service Parts $ 8,614.00 ❑ Comprehensive Service Agreement $ 11,300.00 Annual Price and Payment Selection: 0 Annual Price of Agreement: PAYMENT OPTION: ❑ SEMI-ANNUAL ❑ QUARTERLY ❑ MONTHLY 0 Other Provisions 1. During the term of the agreement the annual agreement prices shown above can only be adjusted if equipment is added or deleted from the agreement. Price adjustments after year CL one are discussed in the terms and conditions of this agreement. Customers electing Semi- annual billing will receive a discount of 2% off the face price of the agreement. 2. THIS AGREEMENT WILL AUTOMATICALLY RENEW ANNUALLY, UNLESS EITHER PARTY CHANGES THE SERVICES COVERED OR THE ANNUAL INVESTMENT. co CD CD CD Customer Signature and Acceptance ACC Signature&Acceptance N Accepted By—Printed Accepted By—Printed > Lu Signature Signature Title Date Title Date Page 2 of 8 Building Automation,Security,CCTV,Sales&Service Florida Keys SPCA-Service Agreement Proposal Customer Initials Packet Pg. 1130 C.27.b ADVANCED Service Agreement 6001 NE 14th Ave•F1 Lauderdale,FL 33334•Tel,954.491.6660.Fax.954.491.5772•www.ACCtlorida.com GENERAL r�. Advanced Control Corporation (hereinafter referred to as "ACC") has assembled a specialized service team dedicated to ensure a smooth integration of this maintenance program with the undersigned subscriber's ("Customer") normal business activities. This team will ensure consistency in the delivery of your service program, provide effective lines of communication, as well as provide continuity in the ACC personnel who deliver your maintenance services. Your account manager will continue to work closely with you along with the implementation team to preserve the integrity of your ACC Building Automation System(BAS)/Security Automation System(SAS)/Access Control System/CCTV system, to reduce your operating and energy costs and to 0 maintain tenant comfort and security. The implementation team will be made up of the following service professionals: CL c, Account Manager: The primary responsibility of the account manager is to ensure proper coordination of the execution of this maintenance program as well as being your direct contact for technical support. 0 Primary Service Technician: The primary service technician will be performing the service and repair functions on all of your contracted equipment whenever possible. Software Support Technician: The software support technician will provide technical support for all software related matters. N LO Service Coordinator: Your service coordinator is responsible for scheduling all maintenance program services. Your service coordinator and the call center team can be reached at 954-491- _ 6660, Extension 167 for emergency service or normal service requests. 0 DIRECT DIGITAL CONTROLS MAINTENANCE Advanced Control Corporation, utilizing its proprietary Preventive Maintenance Management m System(PMMS), provides a comprehensive and documented service routine providing real time feedback and documentation to the Company and our Customer. The system, which is specifically designed for 0 maintenance of our installed systems, provides a step-by-step electronic implementation and tracking system for our Technicians to follow to provide the highest level of service available. CL Equipment to Be Maintained: The equipment maintained through this service agreement is detailed in the "List of Maintained Equipment," located in Appendix A of this agreement. Scheduled Inspections: ACC will provide preventive maintenance inspections as indicated in the "Your Service Agreement Investment & Details" section. The maintenance procedures our technicians follow are based upon the equipment manufacturer's recommendations, ACC' Co CD recommendations as well as our equipment application experience. Our program includes calibration of C ID temperature sensors and verification of device operation. CD N Priority Service Response: This program includes the number of hours of telephone support and trouble-shooting, as needed, to maintain the existing system as indicated in the "Your Service U, Agreement Investment& Details" section. Corrective Maintenance and Component Replacement Coverage: The main objective of this service agreement is to ensure your system and equipment operate with optimal efficiency. During the course of executing the maintenance procedures, our technicians are trained to identify impending problems and 0 repair them before they cause unplanned downtime. Additional control work above and beyond the scope of this contract will be charged according to the attached rate sheet (APPENDIX B) for the respective labor discipline. Page 3 of 8 Building Automation,Security,CCTV,Sales&Service Florida Keys SPCA-Service Agreement Proposal Customer Initials Packet Pg. 1131 C.27.b ADVANCED Service Agreement 6001 NE 14th Ave•F1 Lauderdale,FL 33334•Tel,954.491.6660.Fax.954.491.5772•www.ACCtlorida.com Emergency and Trouble Call Coverage: Even with the comprehensive care provided in this program, occasional failures can occur. Under this agreement, we will provide emergency response between scheduled visits, Monday through Friday, during normal business hours to minimize downtime. Non- covered emergency calls are priced at a discount to you with this contract. The additional charges for emergency calls will be charged at a $30/hr. discount off of our regular public labor rate. Database Protection: ACC will back up your system files and database during each scheduled preventive maintenance service visit. A copy of this backup will be stored on-site as well as at ACC' location. Scheduled database back-ups are designed to significantly reduce downtime in the event of hardware failure. o Service Documentation: We will document all scheduled and unscheduled service work showing theCL U time, date, name of service technician, and equipment identification and brief description of work. This documentation will be made available upon request. Performance Assurance Program: We will meet with you annually, or more frequently upon request, to evaluate and make modifications, if necessary, to this maintenance program in order to ensure that it continues to meet both your business and technical requirements. Maintained Equipment Benefit Computer& Peripherals Checkout Protects from Catastrophic Loss Fast Recovery from Catastrophic Failure '' Detection of Malware, Viruses, Etc. Health of Battery Back-Up/UPS Reviewed Database is Checked for Proper Operation Remote Communication is Maintained Reduces Downtime 0 Maintains Operational Performance Controller Maintenance Extends Life of Controllers Batteries Extends Life of Peripherals Wiring &Connections Reduces Failure Opportunities Power Supplies and Transformers Neat, Clean and Operational Panels 0 Relays and Panel Mounted Peripherals Panel Cleanliness &Organization Field Devices Extends Life of Devices CL Sensors Reduces Hot/Cold Complaints Damper Actuators Provides Opportunity for Preventive Repair Valve &Valve Actuator Operation Ensures Proper Operation Peripherals Reduces Failures Maintains Energy Efficiency VAV/FPB Maintenance Extends Life of Devices Co CD Sensors Reduces Hot/Cold Complaints ' Airflow Provides Opportunity for Preventive Repair Actuation Ensures Proper Operation Heating Reduces Failures Maintains Energy Efficient U, Interfaces Maintenance Ensures Communication is Occurring Smart Interface Connections Provides Optimal Data Sharing Maintains Energy Efficiency Page 4 of 8 Building Automation,Security,CCTV,Sales&Service Florida Keys SPCA-Service Agreement Proposal Customer Initials Packet Pg. 1132 Service Agreement C.27.b ADVANCED 6001 NE 14th Ave•F1 Lauderdale,FL 33334•Tel,954.491.6660.Fax.954.491.5772•www.ACCtlorida.com For good and valuable consideration,the parties agree that the terms and Arbitration is filed with the American Arbitration Association. In the event it conditions contained herein are the sole terms and conditions of sale and/or becomes necessary for Company to incur any costs or expenses in the for service and represent the sole and complete Agreement between the collection of monies due from Customer,or to enforce any rights or privileges parties and supersede all prior oral and/or written representations, hereunder.Customer shall,upon demand,reimburse Company for all such ¢ understandings, proposals,agreements,and communications regarding the costs and expensed(including,but not limited to attorney's fees). Actions by subject matter hereof. The parties agree that no additional terms will be Company to collect monies due under this contract may be brought in any binding upon Advanced Control Corporation (hereinafter referred to as court of competent jurisdiction in lieu of arbitration. All claims arising out of or "ACC") even if they appear on Purchaser's formal purchase order, relating to non-performance of this contract must be commenced within one acceptance form,or any other of Purchaser's documents unless signed by an (1)year from the date the claim arose. Failure of either party to comply with 0) authorized representative of"ACC". this limitation shall constitute a voluntary and knowing waiver of such claims. 1.ENTIRE AGREEMENT: These Terms and Conditions and the matter set 9. INSURANCE OBLIGATIONS: It is understood and agreed by the forth in Appendix A&Appendix B by Advanced Control Corporation(ACC) Purchaser that"ACC"is not an insurer and that it is the Purchaser's obligation constitute the entire agreement between Company and the Buyer. No course to obtain and maintain any insurance covering any losses to property or of dealings or performance, or prior, concurrent or subsequent personal injury or any other damage which may occur at the premises where understandings, agreements or representations, become part of this the"ACC"Services,which form the basis of this Agreement,are delivered or agreement unless expressly agreed to in writing by a duly authorized performed. "ACC"agrees to obtain and maintain such insurance coverage representative of company. including general liability,worker's compensation and automobile insurance as evidenced by the Proof of Insurance provided to Customer to protect CL 2.PAYMENT TERMS:General payment terms are net thirty(30)days from against claims for damage to property, injury or death arising out of or date of invoice where satisfactory open account credit is established and resulting from the Work being performed by ACC and any subcontractors or maintained."ACC"reserves the right to revoke or modify Purchaser's credit at labor or material suppliers or anyone directly or indirectly employed by any of its sole discretion. At"ACC's" sole option, Purchaser shall pay cash in them to perform the Work during the term of this agreement. "ACC"agrees advance,or upon delivery,or as otherwise specified by"ACC".In the event to list Purchaser as an additional insured on all such policies and to provide a rtl that Purchaser defaults on its obligation to pay each invoice when due,then, Certificate of Insurance. in addition to all other rights and remedies available to it,"ACC"shall have the option to withhold any further delivery of products and/or services under 10.WAIVER OF SUBROGATION:Purchaser does hereby for itself and all t� this agreement,if any,until Purchaser's account is fully paid.Further,in the other parties claiming under it release and discharge"ACC"from and against > event payment is not received according to Terms, "ACC" may, at its all hazards covered by Purchaser's insurance,it being expressly agreed and discretion,assess interest at the maximum rate allowed by law or at the rate understood that no insurance company,insurer,or any other third party will of 1.5%per month,whichever is less.Purchaser also agrees to pay all costs have any right of subrogation against"ACC". incurred by"ACC"in pursuit of payment which is past due including,but not CV limited to,collection agency commissions and attorney's fees. Company shall 11.LIMITATION ON ACTIONS:The Purchaser hereby agrees that no claim, LO not be liable for failure to ship or deliver services hereunder where such delay suit or action of any kind shall be brought against "ACC", its agents, is due to the disapproval by the Company for credit purposes. In the event of employees,and/or officers more than one year after the claim arises,whether the disapproval by Company for credit reasons,which may include monies known or unknown when the claim arises,provided however,that if there is a due to Company by Buyer for other product or service events not covered claim,suit,or cause of action arising under the Warranty,it must be brought, under this agreement,Company may,at its sole option and without right to if at all,within six months of expiration of the Warranty period stated above. cure,cancel this agreement without any liability on the part of Company. This clause is in no way to be interpreted as an extension of the Express Warranty stated in paragraph 6 above. 3. CANCELLATION:An permitted cancellation must be made in writing. Y P ¢, Recognizing that"ACC's"damages arising from cancellation will be difficult to 12.FORCE MAJEURE: Company shall not be liable for failure to ship or estimate or determine,the following charges shall be construed as liquidated deliver services hereunder where such delay is due to the disapproval by the damages representing an approximation of the administrative,engineering, Company for credit purposes, or due to strikes, fires, accidents, national and other costs"ACC"will actually incur in reliance upon this Agreement,and emergency,failure to secure materials from the usual sources of supply,or not as a penalty:If,prior to first delivery of service,Purchaser cancels this any other circumstances beyond the control of Company whether of the class Agreement or any portion thereof,for any reason not attributable to"ACC", of causes enumerated above or not, which shall prevent Company from Purchaser agrees to pay"ACC"an amount equal to 20%of the price of the performing services in the normal course of business. In the event of the annual agreement price. disapproval of the Company for credit reasons,which may include monies due to Company by Buyer for other product or service events not covered 4.ADVANCED CONTROL CORPORATION SERVICES: Purchaser further under this agreement,or the occurrence of any of the above,Company may, agrees that"ACC"offers various levels of services and that the Purchaser, at its sole option,cancel this agreement without any liability on the part of CL after reviewing the same, has contracted with "ACC" to perform only the Company. services described in writing in this Agreement. "ACC" denies liability for materials,supplies or work provided by other persons. Unless specifically 13.EVENTS OF DEFAULT:Purchaser shall be in default of this Agreement contracted for,"ACC"denies any supervisory role and this Agreement shall upon the occurrence of,but not limited to,any of the following: not commit"ACC"to any supervisory role. A.The Purchaser's failure to make due and punctual payment of any cy 6.LIMITATION OF LIABILITY: IN NO EVENT SHALL payment due pursuant to this Agreement,or any other payments due to CD COMPANY'S LIABILITY FOR DIRECT OR COMPENSATORY DAMAGES Company for work of other Agreements, EXCEED THE PAYMENTS RECEIVED UNDER THE CURRENT TERM OF THE AGREEMENT, NOR SHALL COMPANY BE LIABLE FOR ANY B.The Purchaser's failure to perform any obligation under this Agreement; CD SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,. THESE CV CD LIMITATIONS ON DAMAGES SHALL APPLY UNDER ALL THEORIES OF C.An order,judgment or decree entered,without the approval or consent LIABILITY OR CAUSES OF ACTION,INDLUDING BUT NOT LIMITED TO of"ACC", by any court of competent jurisdiction, approving a petition CONTRACT,WARRANTY,TORT OR STRICT LIABILITY. seeking reorganization of the Purchaser or appointing a receiver,trustee, or liquidator(or other officer having power,under applicable law,similar to 8.DISPUTES,CHOICE OF LAW AND COSTS: This contract shall those of a receiver,trustee,or liquidator)of the Purchaser or of all or a 5; be deemed to have been entered into and shall be governed by the laws of major portion of its assets, and such order,judgment, or decree shall Florida. All claims,disputes and controversies arising out of our relating to continue unstayed and in effect for any period of sixty(60)consecutive this contract,or the breach thereof,shall,in lieu of court action,be submitted days, to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association,and any judgment upon the award rendered D.The Purchaser fails to provide"ACC"with adequate assurances of due by the arbitrator(s)may be entered in any court of competent jurisdiction. The performance under the Agreement, after receiving a written request for site of the arbitration shall be Broward County,Florida,unless another site is same from"ACC" (J mutually agreed between the parties. The parties agree that in any arbitration each shall be entitled to discovery of the other party as provided by the E.The Purchaser's financial position materially deteriorates,or ¢ Federal Rules of Civil Procedure,provided,however,that any such discovery shall be completed with four (4) months from the date the Demand for F.The Purchaser shall cease to do business as a going concern. Page 5 of 8 Building Automation,Security,CCTV,Sales&Service Florida Keys SPCA-Service Agreement Proposal Customer Initials Packet Pg. 1133 Service Agreement C.27.b ADVANCED 6001 NE 14th Ave•F1 Lauderdale,FL 33334•Tel,954.491.6660.Fax.954.491.5772•www.ACCtlorida.com 14.GENERAL:Any provision of this Agreement which is prohibited by the 27. In the event of additional freight,labor,or material costs resulting from law of any state shall,as to such state,be ineffective to the extent of such Customer's request to avoid delays with respect to equipment warranties,or provision without invalidating the remaining provisions of the Agreement.This accelerated delivery of parts and supplies,the Customer agrees to pay these ¢ Agreement shall be construed under the laws of the State of Florida. additional costs at ACC'currently established rate. 15. Planned and/or routine maintenance services provided under this 28. ACC'scope of work shall not include the identification,detection, agreement will be performed during normal working hours.Any defective abatement,encapsulation or removal of asbestos or products or materials equipment found during initial preventive maintenance inspection will be containing asbestos or similar hazardous substances. In the eventACC repaired or replaced at Customer's expense. encounters such material in performing its work,ACC will have the right to discontinue work and remove its employees until the hazard is corrected or it 16. The guarantees and services provided under the scope of this is determined no hazard exists. agreement are conditioned upon Customer' proper operation and maintenance of the covered systems/equipment. Customer will do so 29. This agreement contains the entire contract and the parties hereby according to industry-accepted practices and in consideration of our agree that this Agreement has been agreed to and the entire agreement is recommendations. then accepted and approved by an authorized person for both parties,and no statement,remark,agreement or,understanding,oral or written,not 17. Customer will provide and permit reasonable access to all covered contained herein,will be recognized or enforced. equipment. Customer will make available any specialized lifts,scaffolding, CL ladders or other equipment necessary to service and maintain listed 30. Customer acknowledges and agrees that any purchase order issued equipment.ACC will be allowed to start and stop equipment as necessary to by Customer,in accordance with this agreement,is intended only to perform its services and be permitted use of existing facilities and building establish payment authority for Customer internal accounting purposes. No services. purchase order shall be considered to be a counteroffer,amendment, modification,or other revision to the terms of this agreement. No term or rtl 18. Any repairs or services resulting from power failures,water intrusion or condition included in the Customer purchase order will have any force or air side corrosion will be paid for by Customer in accordance with ACC's effect. currently established rates. t� 31. Should the contract be canceled without due cause,Customer shall > 19. In the unlikely event of failure to perform its obligations,ACC's liability pay ACC 25%of the annual price in addition to any previous amount paid. s) is limited to repair or replacement at its option,and such shall be Customer's IX sole remedy. Under no circumstances will ACC be responsible for loss of 32. The Buyer acknowledges that ACC's employees are a valuable asset use,loss of profits,increased operating or maintenance expense,claims of to ACC. The Buyer agrees to pay ACC an amount equal to 12 months of CV Customer's tenants or clients,or any special,indirect or consequential salary for each ACC employee who worked at Customer's facility that is then LO damages. hired by Customer at any time during the term of this agreement and for 60 days thereafter. In addition,Customer agrees to reimburse ACC for all costs 20. The agreement does not include responsibility for system design associated with any training ACC provided to such employees during the deficiencies,such as,but not limited to,poor air distribution,water flow three years before the date Customer hires such employees. imbalances,etc. It does not include responsibility for system,equipment and component obsolescence,electrical failures,unserviceable equipment,and 33. Should any part of the System be damaged by fire,water,acts of God, operating the system(s). attempted unauthorized repair service,misuse,abuse or modification,or any cause beyond the control of Company,any repairs or replacement shall be 21. ACC will not be liable for delays or failure to obligate due to fire,flood, paid for by the Customer. strike,lockout,unavailability of material,riots,acts of God,or any cause beyond reasonable control. 34. Workstation PC's and software are not covered under this agreement. Except to the degree that ACC may as part of the services offered provide 22. This agreement does not include services occasioned by improper backup and archival storage of the customer's database and operating operation,negligence,vandalism,or alterations,modifications,abuse,or program.Customer is responsible for maintaining all necessary firewalls and misuse,or repairs to equipment not performed by ACC. Also excluded is the virus protection.ACC assumes no responsibility for data corruption or loss of furnishing of materials and supplies for painting or refurbishing equipment. data due to the system being infected with virus',mal-ware,worms or data- miners as a result of the system being connected to a LAN,WAN or to the 23. ACC shall not be required to furnish any equipment,labor,or make internet or through the downloading of files or the installation of third-party special tests recommended or required by insurance companies,federal, software. CL state,municipal or other authorities except as otherwise included in this agreement. 35. Additional work outside of the scope of this Agreement will be charged according to the attached rate sheet(Appendix B). 24. ACC shall not be liable for the day-to-day operation of the system,i.e. starting and stopping of equipment,set point and temperature changes,etc. 36. Buyer understands and agrees that the rates listed in Appendix B may nor for injuries to persons or damage to property,except those directly due to be adjusted from time to time,but not more frequently than annually,and that cy the negligent acts or omissions of its employees and in no event shall it be upon publishing of new rates by ACC the adjusted rates will then become the liable for consequential or speculative damages. It shall not be liable for rates applicable under this Agreement. expense incurred in removing,replacing or refinishing any part of the building structure necessary to the execution of this agreement. It shall not be held 37. Service labor provided under this Agreement will be provided between liable for any loss by reason of strikes or labor troubles affecting its the hours of 7:00 AM and 5:00 PM EST,Monday through Friday exclusive of CV employees who perform the service called for herein,delays in transportation, ACC's holidays. Service requested to be performed at times other than delays caused by priority or preference rating,or orders or regulations during"ACC's"normal work hours shall be chargeable at"ACC's"standard established by any government,authority,or by unusual delays in procuring overtime rates. supplies or for any other cause beyond its reasonable control. _ 25. Only ACC's personnel or agent are authorized to perform the work included in the scope of this agreement. ACC may,at its option,cancel or waive its obligations under this Agreement should non-authorized individuals perform such work. s) 26. This agreement and all rights hereunder shall not be assignable unless approved by ACC. U Page 6 of 8 Building Automation,Security,CCTV,Sales&Service Florida Keys SPCA-Service Agreement Proposal Customer Initials Packet Pg. 1134 Service Agreement C.27.b ADVANCED 6001 NE 14th Ave•F1 Lauderdale,FL 33334•Tel,954.491.6660.Fax.954.491.5772•www.ACCtlorida.com Appendix A List of Maintained Equipment INPUT DEVICES QTY Duct Temperature Sensors 38 Relative Humidity Sensors 8 Current Sensors 6 Air Flow Measurement 3 0 OUPUT DEVICES QTY Control Relays 47 c� VFD Signals -Analog Outputs 2 Valve Actuators 2 CONTROLLERS QTY Master Controllers 1 2 Controllers - 900 Series 1 > Controllers - 800 Series 3 SE Room Controller 29 cv LO CL r9 Co CD CD cv CD cv Page 7 of 8 Building Automation,Security,CCTV,Sales&Service Florida Keys SPCA-Service Agreement Proposal Customer Initials Packet Pg. 1135 Service Agreement C.27.b ADVANCED 6001 NE 14th Ave•F1 Lauderdale,FL 33334•Tel,954.491.6660•Fax.954.491.5772•www.ACCtlorida.com Appendix B Labor Rate Schedule Advanced Control Corporation offers our Customers a full range of System Support Services at reduced hourly rates. These services are as follows: 0 Labor Rates Schedule (Effective 10/15/15) CL Non-Contract Contract Technical Services Customer Rate Customer Rate `_ Field Service Technician/Specialist $145.00 Per/Hr $110.00 Per/Hr Field Systems Engineer $175.00 Per/Hr $135.00 Per/Hr Field Programmer - O/S Software, Graphics $185.00 Per/Hr $145.00 Per/Hr Senior Programmer - Custom Software Applications $ Quoted Per/Hr $160.00 Per/Hr Other Services System Design / Engineering Consultation $ Quoted Per/Hr $150.00 Per/Hr ' Software-Web Designer/Web Programmer $ Quoted Per/Hr $175.00 Per/Hr Drafting Services $150.00 Per/Hr $100.00 Per/Hr _ Panel Fabrication(ACC Shop) $120.00 Per/Hr $80.00 Per/Hr Clerical Work (Copies, Binding, Etc.) $90.00 Per/Hr $55.00 Per/Hr Local Travel $100.00 Per/Hr $75.00 Per/Hr Service & Maintenance Contract Customers will also receive reduced rates for Schneider-Electric & non-Schneider BMS Controls Parts: 50% off list price for Schneider-Electric BMS Controls &Accessories (excluding Pelco CCTV equipment) CL 20% off list price for non-Schneider Electric BMS Controls &Accessories rI Specialty labor for tasks not listed above will be quoted separately. Co CD CD Labor rates may be adjusted annually on or about the 15th of October, labor rates will be charged based CD upon the current"Labor Rates Schedule" published by the Company. ACC labor rates listed above apply to normal business hours: after-hours rates are charged at one and one- U) half (1.5) times the normal hourly rate. Sundays and holidays are charged at two (2.0) times the normal hourly rate. A four (4) minimum charge applies to after-hours service events that require an on-site service technician visit. U Page 8 of 8 Building Automation,Security,CCTV,Sales&Service Florida Keys SPCA-Service Agreement Proposal Customer Initials Packet Pg. 1136 C.27.b CIL I C A CL Inspection Agreement LO Scope of Services Florida Keys SPCA 5711 College Road Key West, FL 33040 305-294-4857 P.O.C. Matt Royer CO 305-294-4857CD N matt@fkspca.org Packet Pg. 1137 C.27.b Contract Type:Inspection SERVICES PROVIDED: Furnish all labor necessary to inspect, the subject equipment to maintain it in good operating condition. Replacement parts, filters, materials, and shop repairs are not included. E Regularly inspect the equipment at 4 times per year, and on each inspection perform all services per inspection scope attached. Furnish you with a copy of the Inspection Report indicating what repairs, if any, were necessary resulting from each inspection. PROVIDE EMERGENCY SERVICE as needed between inspections t� during normal working hours at preferred customer prevailing rate. a. Instruct you in the operation of equipment to provide for greatest operating efficiency. Give service contract holders preferential service over all types of service activity normally undertaken by DEBONAIR. EQUIPMENT COVERED: N (1)Daikin Mini-Split LO Model 4RXN09NMVJU Serial 4GO10173 (1 ) Daikin Mini-Split Model 4RZQ 18PVJU8 0 Serial 4A000520 (2)Daikin Condenser Model 4RCS11F125D Serial 4F181700671 & Serial 417291700587. E E (2)Daikin Condenser Model 4RCS12F150D. Serial 417291700596 & Serial 417261700236. c (2)Daikin Condenser Model 4RCS0717090D. Serial 417351701308 & Serial 417321702327. (1)Daikin Modular Air Handler. Model 4CAH016GBGM. Serial 4FBOU171000314. �C (2)Daikin Modular Air Handler. Model 4CAH021GDGM. Serial 4FBOU171000316 & Serial CL 4FBOU171000368 � (1)Daikin Energy Recovery Air Handler. Model 4CAH010GVGM. Serial 4FBOU171000369. CUSTOMER RESPONSIBILITIES: co CD CD Operate the subject equipment per our instructions. Promptly notify us of any unusual operating N CD conditions of the subject equipment. Permit our personnel the use of your phone and common building maintenance tools, such as ladders, etc. Permit only our personnel to work on the subject equipment. LU Pay our invoices by the 1 Oth of each month. w THIS AGREEMENT DOES NOT INCLUDE: Ductwork, air balancing, piping or insulation, electrical wiring or disconnect switches, waste drain lines, doors, gaskets or hardware. Damage or repairs to other parts of the system as a result of water entering from the chillers or condensers. Major overhauls (DebonAir Mechanical assumes customer maintains building boiler and machinery insurance on listed equip.) Replacement of equipment or major components deteriorated by exposure, age or breakage beyond normal repair. Moving or relocating Packet Pg. 1138 C.27.b equipment. Cooling tower repairs, except moving parts. Repairs due to losses or damages as a result of fire, water, windstorm, vandalism, theft, riots, civil commotion, inadequate or fluctuating conditions of the electrical utilities, lightning, damages caused by electrolytic action, crane charges, coil cleaning, indoor air quality, Acts of God, refrigerant recovery, strikes, picket lines or anything beyond the normal mechanical maintenance. Installation of parts supplied by anyone other than DEBONAIR MECHANICAL. a E GENERAL: This agreement shall include inspections made during normal working hours, between 8:00 a.m. and 5:00 p.m. , Monday through Friday, weekends and holidays excluded. Emergency service will be available at other times at an additional overtime cost of preferred customer prevailing rate. All overtime labor will be charged at the rate herein specified. There are absolutely no exceptions or reasons to preclude overtime charges, including call backs. We shall furnish DEBONAIR PRUDENT SERVICE bminnin2 August 1, 2020 and shall continue and be self-renewable from year to year, unless terminated as herein after provided. The starting date is the effective date of this agreement. Failure on the part of the customer to make payments when due shall relieve DEBONAIR MECHANICAL, INC. of the entire obligation of this contract. LO This agreement shall inure to the benefit of, and shall bind the heirs, administrators, executors successors, and assigns of the parties hereto. i� During the fulfillment of this agreement, we shall take all reasonable precautions to avoid injury to persons and damage to property. We shall not be liable for any damages caused by obsolescence or Acts of God or any special, incidental or consequential damages resulting from the use of the equipment specified herein during the life of this c agreement, except for consequential damages for personal injuries caused by grossly negligent maintenance and service of equipment. c, We shall not be responsible for system design or its performance in maintaining design conditions except through failure of equipment covered herein. Building air quality is solely the responsibility of U- the customer. co It is understood that this proposal sets forth our entire agreement. 0 cv This proposal will become a contract solely between us if accepted by you and approved in writing by our authorized representative, and any rights which you have will be only against us. There are no other parties to this agreement. v) TERMS: If by reason of customer's default in any of customer's obligations under this agreement, including but not limited to the payment of any sums owing to DEBONAIR MECHANICAL, INC. under the terms and conditions of this Prudent Service Policy; and, DEBONAIR MECHANICAL, INC. employs an attorney to enforce this agreement or to collect any delinquent payments, customer agrees to pay all costs of court and reasonable attorney fees incurred or expended by DEBONAIR MECHANICAL, Packet Pg. 1139 C.27.b INC., including appeals. Contract becomes due in full for the entire year, if customer defaults. This agreement may be terminated by either party on any anniversary of the effective date by either party giving not less than thirty (30) days written notice via certified mail, return receipt requested of intention to terminate. DEBONAIR PRUDENT SERVICE will be furnished by us for the net sum of: $3,574.00, per year payable at a rate of$893.50 per visit until terminated as per contract terms. E e( YOUR ACCEPTANCE: APPROVAL: Florida Keys SPCA DebonAir Mechanical, Inc. 5711 College Road 21460 Overseas Hwy 48 Key West, FL 33040 Cudjoe Key FL 33042 Mayy Royer David Toll U) Tel: 305-294-4857 Tel: (305)744-0133 (office) Approval DebonAir Approval Signature: Signature: Dcwi&T'OW Printed: Printed: David Toll LO Date: Date: July 28, 2020 0 CL co CD CD cv CD cv Packet Pg. 1140 C.27.b DebonAir Mechanical Preventative Maintenance Scope of Services 305-744-0123 ♦ Outdoor Condensing Unit Wash Down -repair is additional charge a� ♦ Filters to be changed by customer and not included in this agreement. ♦ Inspect Contactors, Relays And Electric Connections -repair is additional charge 2 ♦ Clean Condensate Pans And Lines every month -repair is additional charge 0 ♦ Check Refrigerant Pressure -repair or adding refrigerant is additional charge a. ♦ Check Amperes -repair is additional charge ♦ Lubricate Bearings Per Manufacturer's Recommendations(If Required) — repair of bearings is additional charge ♦ Check Temperature Splits -repair is additional charge ♦ Check For Vibrations —adjust as needed, repair is additional charge ♦ Check Operating And Safety Controls -repair is additional charge ♦ Check Panels For Tightness — adjust as needed, repair is additional charge ♦ Check Coils And Blower Wheels For Cleanliness — cleaning is additional charge ♦ Check Compressor Oil Levels on units with sight glasses—replacing oil is additional charge ♦ Check Thermostat Calibration, As Required -repair is additional charge a� ♦ Inspect For Refrigerant Leaks -repair is additional charge ♦ Check Crankcase Heater Operation(If Required) - repair is additional charge ♦ Remove Debris From Within And Around Air Conditioning Equipment Or Note Yard Cleaning t� Needed To Be Done -repair is additional charge CL ♦ Check Auxiliary Condensate Pans -repair is additional charge ♦ Advise Customer Of Any Abnormalities -repair is additional charge ♦ Supply Customer With Service Report-repair is additional charge co CD CD ♦ Check For Proper Outside Air(If Required) -repair is additional charge N N ♦ Check Operation of Variable Frequency Drives (If Required) - repair is additional charge ♦ Belts to be adjusted, replaced as needed. w Packet Pg. 1141 C.27.b Gary's Plumbing and.Fire,Inc. f Ph (305)296-6o13 Proposal Fl Mall 6409 end Terrace Suite i �. ..., Key West,FL 33040 hate { Ph.(.,o )qo6-6o13 garysplumbingl@aol.com 7/21/2020 ram. Naive!'Address. Florida Revs SPCA 5230 College Rd Key West,FL 33040 0 CJ Project CL t5' Total This proposal is for performing an annual NFPA25 inspection on the fire sprinkler system located at the Florida Keys SPCA on College Road,Key'West. System will be checked in its entirety,including but not limited to all sprinkler heads in all rooms,closets etc. The system will be a drained before the inspection can tape place. Ny Annual Fire Sprinkler Inspection 70 00 70 00 0 U CL CJ CO r9 N N LU -We appreciate your continued business. Subtotal $750,00 � Signature/Title Safes Tax (7.5%) $0.00 Total VbO.00 Packet Pg. 1142 C.27.b r,rrtl:# r ,°fig llr r 5 vea rs, INTEGRITY Figs-r, 5555555555555555\SS\�5555555555555555555�55555555\SS55S5555.. State Certified Licenses:Roofing#CCC047136•General Contracting#CGC062912 792 Northeast 45th Street•Oakland Park,Florida 33334 (954)791-ROOF(7663) •Fax:(954)202-2044 PROPOSAL SUBMITTED TO: Date:08/14/2018 Work order#: 15519 Florida Keys SPCA JOB NAME: Florida Keys SPCA 5711 College Road ADDRESS: 5711 College Road Key West, FL 33040 Key West, FL 33040 CL CJ We hereby submit specifications and repair estimates for the above referenced address: 10 Year Annual Roof Maintenance Program Inspection Report: In March of 2018 PSI Roofing completed the installation of the Firestone Red Shield modified roofing system at Florida Keys SPCA, 5711 College Road, Key West Florida. At the properties request, we are submitting the following scope of work as a 10 Year Maintenance Program for this roof system. uO Scope of Work: 1. Inspect roof areas for any visible defects and make any needed minor and maintenance repair. 2. Clean all trash, debris and loose granule from roof areas. 3. Cut and remove loose and split caulking on coping metal as needed. 4. Clean surface of metal coping joints using Xylene. 5. Seal metal coping joints using a polyurethane sealant. 6. Seal base of plumbing stacks using premium mastic as needed. 7. Seal base of all-purpose vents stacks using premium mastic as needed. 0 8. Seal open base flashing laps using a three-course application of premium mastic and membrane. 9. Seal around drains and overflow drains using premium mastic, as needed. 10. Apply granule to expose mastic to protect from harmful UV rays the elements. CL 11. Clean all work-related debris and dispose at an appropriate facility. 12. An estimate for any additional recommended work will be submitted. Firestone Products will be used. CD Co CD Warranty Owner to receive a One (1)year Warranty on workmanship, each year the scheduled maintenance is cv completed, totaling Ten (10)years. Safety PSI Roofing is committed to Safety at all times. Our employees are thoroughly trained in all OSHA guidelines for roofing projects. Access&Valuables Customer is responsible for providing adequate access to the work areas and for removing any personal items, including any personal belongings and valuables. Work order 4 15519 PSI ROOFING Packet Pg. 1143 C.27.b Unforeseen Conditions Any unforeseen conditions and any scope of work not mentioned in this contract, including but not limited to damages due to storm, vandalism, work by others, rusted metals and/or roof blisters, are subject to additional charges. A written change order/revised proposal will be provided, and no additional work will be performed until approved by the owner or its authorized representative. Exclusions: Any mechanical, electrical or plumbing scopes. Permit and engineering fees. Any equipment/appliance/furniture moving or removal (to include shutters and screens). Any work on weekend, holidays or between the hours of 6pm and 6am. Any work not mentioned or listed in this contract. o We hereby propose to furnish labor and materials, complete in accordance with the above CL specifications, for the sum of: Au ust 2020 $2,052.00 Au ust 2021 $2 052.00 > Au ust 2022 $3 290.00 �. Au ust 2023 $4,370.00 Au ust 2024 $4,594.00 LO Au ust 2025 $5 658.00 Au ust 2026 $5 840.00 Au ust 2027 $6,809.00 _ August 2028 $6,985.00 Au ust 2029 $7 890.00 2 Forty-Nine Thousand Five Hundred Forty-One Dollars ................... $49,541.00 We always strive to provide the most competitive pricing for our Customers, therefore our terms are net U upon receipt of invoice. All payments become past due ten (10) days from invoice date. A service charge of 1.5% per month (18% per year)will be added to all unpaid balances. Any returned checks for any CL reason will be subject to a $45 bank fee. PSI Roofing adheres to Florida Lien Law Statutes and Procedures. Customer is liable for all legal filing fees and attorney fees incurred by PSI Roofing for the collection of any unpaid balances. r9 This Proposal is valid for one (1) month from the date above. PSI Roofing must receive a signed copy of co this Proposal, along with a deposit,within that time frame. Otherwise, this Proposal will be considered void and no longer valid. cv Payments by credit card are subject to 5% surcharge Payment to be made as follows:Total will be due the V year. All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices.Contractor retains the initial right to remedy any consequential damages at the sole discretion of contractor and shall not be held liable for any damages occurring E previous to or following performance of contracted work. PSI Roofing must be allowed access to all interior spaces prior to commencement to document existing conditions or PSI Roofing will have no responsibility for interior damages. Any alteration or deviation from specifications involving extra costs,will be executed only upon written orders,and will become an extra charge over and above the estimate. PSI Roofing cannot be held responsible for the existence of ponding water after the new roof installation because a tapered insulation system is not being installed.PSI Roofing will not take responsibility for personal injury to any person or persons who may fall on or from the roof as a result of our workmanship or materials or said persons interaction with same. We strongly advise that any persons who access the roof top of your building make use of personal fall protection equipment and follow OSHA guidelines for fall protection,failure to do so can result in bodily injury or death and PSI Roofing will not take responsibility for any person accessing the roof top other than our employees. Visit your rooftop at your own risk. All Work order 4 15519 PSI ROOFING I Packet Pg. 1144 C.27.b agreements contingent upon strikes,accidents or delays beyond our control. Owner to carry fire,tomado,and other necessary insurance.Time is of the essence concerning this valuable contract. It is understood that PSI Roofing and PSI Roofing's insurer will exclude all coverage for all damages relating to bodily injury,property damage,personal injury,and advertising injury caused directly or indirectly in whole or in part by mold, including fungus or mildew regardless of cost,event,material,product,and/or building component that contributed concurrently or in any sequence to that injury or damage. PSI Roofing is not a mold expert and we strongly recommend that a mold inspection be completed by an indoor air quality professional retained by the owner prior to commencement.This project may be stopped if progress payments are not made on time.If it becomes necessary for this contractor to expend legal fees to collect our moneys these legal fees will be the responsibility of the property owner.Signer can be personally liable. 1.5%interest per month after 10 days. All warranties to be issued upon completion of contract. The warranty is the sole remedy for any actions or remedies that arise or are sought as a result of the performance of this contract.Warranty to be void if annual maintenance is not performed.An insurance certificate made out to the owner will be provided free of charge,if the owner requests to be listed as an additional insured,this service will be provided at cost. E Prior to commencement of the Work and where any form of payment or performance bond is required,PSI may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract.The Owner shall furnish such evidence within five (5)business days of request as a condition precedent to issuance of a payment or performance bond and E commencement or continuation of the Work. If Owner fails to timely furnish such evidence after request,then upon an additional five(5)business F days'notice,PSI may refuse to commence Work or suspend performance of the until such time as Owner complies with the request.After the Owner furnishes the evidence,the Owner shall not materially vary such financial arrangements without prior notice to PSI. Should PSI make a reasonable request based on prior delays in payment,Owner shall provide adequate evidence as to existence of funds sufficient to pay amounts remaining due and owing to PSI at the time of any applications for payment. cj The Owner shall have the right to require that PSI furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract.The cost of such bonds is a Cost of the Work. Any bonds so furnished shall be in forms and amounts acceptable to PSI and its surety,and from a surety C- licensed in Florida.The parties acknowledge that agreement on the form and amount of a bond where PSI is the principal is a condition to any (e obligation by PSI to execute the Contract. It is also understood that PSI Roofing and it's insurer will exclude all coverage for all damages relating to bodily injury,property damage,personal injury,and advertising injury caused directly or indirectly,in whole or in part by[1]mold,including fungus or mildew,or[2]actual,alleged or r~ threatened discharge,dispersal,seepage,migration,release or escape of any solid,liquid,gaseous or thermal irritant or contaminant,including smoke,vapor,soot,fumes,acids,alkalis,chemicals and waste,including materials to be recycled,reconditioned or reclaimed,regardless of cost, .0 event,material,product,and/or building component that contributed concurrently or in any sequence to that injury or damage. According to Florida's Construction Lien Law(Sections 713.001-713.37,Florida Statutes),those who work on your property or provide materials and services and are not paid in full have a right to enforce their claim for payment against your property. This claim is known as a Construction Lien. If your contractor or a subcontractor fails to pay subcontractors,sub-subcontractors,or material suppliers,those the people who are owed money may look to your property for payment,even if you have already paid your contractor in full. If you fail to pay your contractor,your N contractor may also have a lien on your property. This means if a lien if filed your property could be sold against your will to pay for labor, LO materials,or other services that your contractor or a subcontractor may have failed to pay. To protect yourself,you should stipulate in this contract W that before any payment is made,your contractor is required to provide you with a written release of lien from any person or company that has provided to you a"Notice to Owner." Florida's Construction Lien Law is complex,and it is recommended that you consult an attorney. Chapter 558,Florida Statutes,contains important requirements you must follow before you may bring any legal action for an alleged construction defect. Sixty days before you bring any legal action,you must deliver to the other parry to this contract a written notice,referring to Chapter 558, of any construction conditions you allege are defective and provide such person the opportunity to inspect the alleged construction defects and to consider making an offer to repair or pay for the alleged construction defects. You are not obligated to accept any offer which may be made. There are strict deadlines and procedures under this Florida Law which must be met and followed to protect you interests. Florida Homeowner's Construction Recovery Fund Payment,up to a limited amount,may be available from the Florida Homeowner's Construction Recovery Fund if you lose money on a project performed under contract,where the loss results from specified violations of Florida law by a licensed contractor.For information about the recovery E fund and filing a claim,contact the Florida Construction Industry Licensing board at the following telephone number and address:(850)487-1395, 0 1940 N.Monroe St,Tallahassee,FL32399-0783,www.mylloridalicense.com. Authorized Signature: CL Denise Mchugh—PSI Roofing Service Dept. Note:This proposal may be withdrawn by us if not accepted within thirty(30) days. r9 co Acceptance of Proposal cv The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date: Signature: Printed Name &Title Agent or Owner-Please Circle Date: Signature: Printed Name &Title Work order 4 15519 PSI ROOFING Packet Pg. 1145 C.27.b IAgent or Owner-Please Circle I r�. 68 ,. ., . E « U) . .. ,. . . ° . ` . . ..' . . ` . . . . , . . , . . . . .. . , ° LO 0 � ' . . 6` M J o r co CD CD CD LU V/ LU Work order 4 15519 PSI ROOFING Packet Pg. 1146 C.27.b Services corperntle Water and Wastewater Utility Operations,Maintenance,Engineering,Management � LIFT STATION INSPECTION SERVICE AGREEMENT c BETWEEN 0 CJ Florida Keys S.P.C.A. 5711 Collage Road Key West,FL 33040 Phone: 305-294-4857 W AND U.S.Water Services Corporation THIS AGREEMENT is to commence on 06/18/2020 between U.S. Water ServicesLO Corporation (USWSC), whose address is 4939 Cross Bayou Blvd,New Port Richey, FL 34652, referred to herein as Contractor, and Florida Keys S.P.C.A., being the lawful facility Owner, hereafter referred to as Owner, whose mailing address is: 5711 Collage Road, Key West, FL 33040. IN CONSIDERATION of the mutual covenants contained herein and other valuable considerations, the sufficiency of which is hereby acknowledged by both parties regarding the details herein,the parties do hereby promise, covenant and agree as follows: USWSC will provide inspection services related to the lift station known as Florida Keys S.P.C.A. Lift Station where the property is owned by Florida Keys S.P.C.A. and physically located at: 5711 Collage Road,Key West, FL 33040 in Monroe County, as detailed below: I. Base Services: co 1. USWSC will perform checks on all contracted LS's. Pumps will be checked for , CD proper Amps's and windings will be checked for proper continuity; this is to ensure proper run range and to prevent any serious damage. The panel and all components LU will also be inspected for proper function. All deficiencies found will be recorded on _ a Preventive Maintenance Form and submitted. Proposals for any repair will be LU L' provided prior to any work to be performed. c 4939 Cross Bayou Boulevard * New Port Richey * Florida * 34652 Tell: 727-848-8292 Fax: 727-848-7701 Toll Free: 866-753-8292 Packet Pg. 1147 C.27.b 2. The frequency of inspection services are as follows: # 1 visit per Month per lift station. 3. The number and location of lift stations are as follows: 1 each located at 5711 Collage Road, Key West, FL 33040 4. Advise Owner of necessary cleaning or repairs. 5. USWSC will perform site visits at a frequency described in Item I.I. During such visits, if inspection services are required by the scope of services, the Contractor shall inspect the function of the facility systems as to their operability at the time of the visit and shall report any observed deficiencies to the Owner. The Contractor makes no warranty as to the operability or functionality of the system during any otherCL ca period. II. Additional Services: Should it become necessary to perform services or provide materials in addition to the basic services listed above the Contractor shall: > 1. Provide verbal quote to Owner for maintcnance/repair services estimated to total less than $500 in which case verbal approval is acceptable. 2. Provide written proposal to Owner for maintenance/repairs estimated to exceed $500 LO which must be accepted and signed before work is undertaken. 3. In cases of emergency the above stated process may not occur in which case the prevailing rates shown in Exhibit A will apply. Exhibit A is attached and subject to change without notice. All materials provided are at cost plus 25% Contractor mark UP. III. Payment Terms and Schedule: o 1. Owner will pay$169.35 per month for base services. The Base Inspection Services fee will adjust yearly based upon changes in the "Year End" consumer price index (CPI) as determined yearly by the U.S. Government for the category index of the CL "Water and Sewage Maintenance". Such CPI adjustment shall be applied each April. 2. A monthly fuel surcharge may be charged. This fee is based upon the number of c� weekly visits required under the permit necessary to provide base operations co CD services. ' ❑ The fuel surcharge fee may be adjusted annually between April and May to reflect the increase or decrease in fuel costs based upon the annual weighted average LU change in fuel costs. LU U, 3. Additional Services will be invoiced and paid as they occur. ❑ Periodic cleaning of the lift station not to exceed times annually is included in the base service fee. 2 Packet Pg. 1148 C.27.b ❑X Periodic cleaning is not included in the base service fee and shall (when performed) be invoiced at cost plus a 25% contractor mark up. Lift Station cleaning will be performed quarterly. 4. In the event that the client reasonably disputes a portion of an invoice other than a base service charge, the client may in writing lodge a Billing Dispute Notice within ten (10) calendar days from the receipt of the relevant Invoice and state their objections in the Notice. USWSC will respond to the Bill Dispute Notice within 2 thirty (30) calendar days of its receipt and interest will not be applied to the disputed amount until resolved but under no circumstances shall such abatement last longer than sixty (60) days. Payment is due within the terms of the contract for all amounts CL not in dispute. IV. Payment Methods: The price quotes and schedule of fees for all services rendered by or through the 2 Contractor anticipates that payments will be received as cash, check or ACH. Payment > by other methods such as credit cards will not be accepted for services under prices _ quoted herein. Prompt payment of all invoices is expected, and any invoices remaining c44 unpaid 30 days after issued will be assessed interest at an interest rate of 1% per month =' (12% annual). V. General Conditions: 1. Notification: The Contractor is required to report to the permit issuing Regulatory Agency and the Owner (pennittee), within 24 hours, the discovery of any serious plant breakdown or condition causing or likely to cause: a. Unsafe facility operations o b. Any discharge not in accordance with the facility permit, and/or c. Any major interruption in service 2. Safe : Contractor shall conduct services with the safety of staff and public as a primary focus. It is required by regulatory agencies that the physical plant be maintained by the Owner in a manner that protects all persons associated with operations or use. Contractor will advise Owner of any apparent safety concerns; however, this provision does not mean the Contractor is responsible for any repairs or co CD changes needed to ensure safety at the treatment site unless the Contractor has been engaged to repair such and said deficiencies are a portion of or the result of work by N the Contractor. LU 3, Insurance: Contractor will carry and maintain throughout the period of the contract > Commercial General Liability Insurance and Worker's Compensation at Contractor's sole expense. 4. Non Solicitation of Employees: Owner acknowledges that USWSC incurs substantial recruitment, screening, training, administrative, and marketing expenses with respect 3 Packet Pg. 1149 C.27.b to their operators, and that the identity, telephone number, address, skills, qualifications, preferences, and work history of the operators constitute trade secrets of U.S. Water Services. Accordingly, Owner agrees not to directly or indirectly utilize, offer to hire, hire on a permanent or part time basis, or engage as an independent contractor or free-lancer any operator employed or previously employed by Contractor during the period of this agreement, or within 2 years of termination of this Agreement without the expressed prior written consent of USWSC. If the Owner violates this paragraph, Owner promises to pay a conversion fee equal to one year's annual bill rate in effect at the time of termination of the services of USWSC or $10,000 dollars,whichever is greater. CL ca VI. Duration of Agreement: The stated term of this contract is for one calendar year and will automatically renew unless otherwise notified by either parry no later than 60 days prior to the contract anniversary. Either parry may cancel or terminate this contract for any reason with a sixty (60) day written notice. Contractor reserves the right to cancel this agreement without _ sixty(60) days written notice if Owner's account becomes thirty (30) days past due. N Any notices of cancellation shall be presented by certified mail to: `-- Property Owner: Contractor: Florida Keys S.P.C.A. U.S. Water Services Corporation 5711 Collage Road 4939 Cross Bayou Boulevard Key West, FL 33040 New Port Richey, FL 34652 (727) 848-8292 0 Facility Agent: a Florida Keys S.P.C.A. 5711 Collage Road Key West, FL 33040 VII. Jurisdiction/Attorney Fees: Payment for services rendered under this agreement is due in Pasco County, Florida, andco failure to timely and fully make any payment constitutes a breach of this agreement, withCD CD such breach deemed by the parties hereto to have occurred in Pasco County, Florida. The sole and exclusive venue for any legal action arising from or relating to this agreement LU shall be in Pasco County,Florida,to the exclusion of any other venue or court. 5; LU Packet Pg. 1150 C.27.b The prevailing party in any legal action shall be entitled to an award of costs and reasonable attorney's fees related to litigation. This includes, but is not limited to, i:-: expenses incurred in any attempt to collect on this contract, interest accumulated, as well as court filing fees. This agreement, consisting of 8 pages including the signature page, represents the entire understanding between the Owner and Contractor and may only be modified in writing and signed by both parties. 0 Exhibits Exhibit A—Maintenance Labor Rate (Page 6) Exhibit B—Customer Information(Page 6) Owner > FIorida Keys S.P.C.A cv LO T- ut100W By: M a U R� r ') Signature Date i� Print Name and Title 0 Contractor U.S.Water Services Corporation CL By: Signature DateCD "9 co CD cv CD cv Title 5 Packet Pg. 1151 C.27.b r. �UIq�.N S,1. �,,w. EXHIBIT A-Florida Keys General Services 0 SCHEDULE OF SERVICE FEES CJ Effective March 1,2019 CL UOM FEE '✓ l Principal Hr. $ 193.02 2 Director of Engineering Services: (Registered Professional Engineer) Hr. $ 161.40 - W 3 Engineer III(Registered Professional Engineer) Hr. $ 148.50 _ 4 Engineer H Hr. $ 118.18 .� d 04 5 Engineer I Hr. $ 93.29 LO 00 6 Sr.Environmental Consultant Hr. $ 139.07 7 Hydrogeologist(Registered Professional Geologist) Hr. $ 130.73 8 Sr.Project Manager/Utility Manager,CIP or PSC Filings Hr. $ 154.50 9 Project Manager Hr. $ 123.80 10 Water and Wastewater Field Services Inspector Hr. $106.06 11 Engineering Technician Hr. $ 68.75 12 Cad Operator Hr. $ 73.02 0 13 Instrumentation/Control Technician Hr. $ 75.00 14 Maintenance Supervisor/Lead/Onsite Project Coordinator Hr. $ 85.36 15 Tradesman/Chief Mechanic CL Hr. $ 76.82 - - 16 Maintenance Technician Hr. $ 65.00 17 Welder/Fabricator Hr. $ 76.82 ---c- rl 18 Utility Electrician Hr. $ 75.00 19 Certified Cross Connection Control Technician(Backflow Prevention Technician) Hr. $ 79.97 20 Lab Tech/Collection Capture Hr, $ 46.49 21 erator LEAD p ( ) Hr. $ 8536 Water and Wastewater Plant O N 22 Water and Wastewater Plant Operator Hr. $ 75.00 23 Administrative Support Hr. $ 55.00 > 24 Materials and reimbursable expenses will be billed at actual cost plus: 18% 18% .F, 25 Automobile Travel Mileage Reimbursement Associated with Consulting Services per mile $ 0.58 m 26 Disposal Fee for Disposal of Non-Hazardous Material and Debris. per visit $ 14.20 6 Packet Pg. 1152 C.27.b 27 Labor Rates of 1.5 times the regular hourly rate will apply under the following c n`cumstances: **Monday-Friday from 4:00pm to 7:00am and Weekends at All Hours 28 Labor Rates of 2.0 times the regular hourly rate will apply on holidays recognized by US Water. 29 Operations Supplies provided will be billed at actual cost plus 25%. Contractors Total Labor Cost EQUIPMENT UOM FEE 30 Confined Space Entry--With Permit and Equipment per/entry $111,65 31 Diaphragm Pump Rental per/day $52.37 CL 32 Submersible Bypass Pump Rental per/day $ 79.01 33 Cut Saw Rental per/day $29.11 r 34 Cut Saw Blades each $ 11.65 35 RPZ Certification each $145.60 An 36 Lift Station Calibration and Testing each $368.78 37 Pressure Washer per/hour $28.04 ry 38 Pressure Setter per/day $ 84.68 LO co 39 Cutting Torches _ per/day $ 84.68 40 Crane Truck per/hour $138.12 41 Boom Truck per/day $116.18 42 VacTruck/Residuals Hauler per/hour $317.51 43 Residual Liquid Hauled per/gallon $ 0.39 -- m 44 Pump Hoist per/day $ 78.08 45 TV Camera per/foot $ 88.52 0 46 Mini Excavator Per Day $269.00 47 Trailer Transport Per Day $ 89.00 48 Light Plant Per event $ 52.37 CL Fees are subject to change without notice and are updated annually at a minimum. Invoices may be subject to fuel surcharges. CD r9 co CD CD cv CD cv LIJ LIJ Packet Pg. 1153 C.27.b EXHIBIT B CUSTOMER INFORMATION(Please Print) Customer/Company Name: The customer is a(n): m Person To Sign Contract& ❑ Corporation Title: - ❑ Partnership 2 Customer Address: ❑ Individual(s) Other Customer Phone &Fax: CL c, Facility Name: Facility Address: Facility Contact& Phone: Billing Contact Name: cv Billing Address: `-- Billing Phone &Fax: Billing e-mail address: Contact Name for Compliance Has customer Information (MOR or DMR): -- - received a Credit m Address: Reference form for - completion? Compliance Phone & Fax: ❑ Yes ❑ No CL c, Please complete mail or fax to: U.S. Water Services Corporation Attn.: Lift Station Inspection Contracts co 4939 Cross Bayou BlvdCD New Port Richey FL 34652 cv Fax: 727-849-8860 8 Packet Pg. 1154 " .��l9ru?�'ice-�"'��`.Y„Pk�':S�;A?�E?�".t -„ ".::....< - -___ "^„-",.k`::.�Vk;�,dk+,4+..;11?Po"GY -:tz'-.'.',-.\-"i:Y. '- - -.._ `� .''"ittWkk'?;;,-.,'. r'iN'�T.kt«"ns;,�,.,'�t.�n'i�n'£- -�,y"i&] eR.'.:, u.. 'F--- as�:ww�_ 1 �� i I �, �. �[, f f i �,t �.z;;�t �-- =- �t�=mtasst- _-�-�;t�r�..:,��,;.a'a,€tv.�.,, �fins�K...-�.�-vs�x•-.-.::�-„�-�.,a �t-f-�--w ,�.=:-aft§.�w?:��wtausa..�«�:��es,�zwz€m�u�;t .�s.�t�;a.!ia��-� .xcram.�'�.s��..uss:'wa�azs�,an�.rat�tus.€�,=z:�s�-�-:sea'[evur:�.nk C.27.c 6t4 Amendment FKSPCA tower Keys Animal Control contract SIXTH AMENDMENT TO CONTRACT (Operation of the Key West Animal Shelter) THIS SIXTH AMENDMENT TO CONTRACT is entered into this 15th day of July, 2020, between Monroe County Board of County Commissioners (County) and Florida Keys Society for Prevention of Cruelty to Animals, Inc., a Florida not-for-profit corporation (FKSPCA/Contractor), in order to amend the Agreement dated May 1, 2014, and as amended on April 20, 2016; May 17, 2017; May 16, 2018; August 15, 2018; and May 22, 2019, 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 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 timely requested a CPI adjustment as allowed under o the Agreement;and WHERAS,the effective date of the CPI adjustment should have been the anniversary date of the contract,and WHEREAS,the County and FKSPCA wish to amend the way in which insurance premiums can be reimbursed to avoid the incurrence of additional service charges,and LO i WHEREAS,the County and FKSPCA recognize that the 5th amendment inadvertently omitted the additional expenses added in paragraphs 3.A.through 31. of the 4t'amendment from the total annual reimbursement amount ,and IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. The 4'h amendment to the contract provided for the addition of certain additional expenses incurred by virtue of occupying the new facility and provided for reimbursement of estimated amounts for utilities. These totaled$196,696.00 in six(6) specific categories as delineated in paragraphs 3.A. through 3.F. of the 0 amendment. The total contract amount in the 4`h amendment was therefore remised to be $737,311.11 including the amounts included in paragraphs 3.A.through 3.F. of amendment 4. The 5'amendment provided a CPI adjustment for the base amount of the contract from the 3' amendment which was an annual CPI adjustment. The base amount of the contract in the 5"' amendment should have been $747,582.80 which was comprised of the maximum amount on the 3'd amendment ($540,615.11) plus the maximum amount of the added expenses from the 4" amendment ($196,696.00)plus the 5`'amendment CPI adjustment of 1.9%($10,271.69)for a not to exceed total of$747,582.80. 1 Packet Pg. 1156 C.27.c 6m Amendment FKSPCA Lower Keys Animal Control contract 2. In accordance with Paragraph 4, RENEWAL, the base contract amount is hereby adjusted by 2.3%CPI for all urban consumers for the most recent 12 months ending on December 31,2019. Effective May 1,2020,the total compensation paid to the Contractor for its services under this Agreement shall be the base contract amount of$563,557.20 per antrum plus an additional expenses amount as provided in the 4 h amendment of$196,696.00 per annum(until a reconciliation is agreed) for a total contract amount of$760,253.20 per annum. 3. Paragraph 2, AMOOT OF AGHEEMENT I AVAH,A-RH,ITY OF FUNDS- is revised to read as follo&s(new wording is underlined/removed wording is struck through). The County, in consideration of the Contractor substantially and satisfactorily performing and carrying out the duties of the County as to providing animal control services and enforcement of laws related to animals in Monroe County,Florida, shall pay to the Contractor a not to exceed amount of Five Hundred and Fifteen thousand DOLLARS and zero CENTS($515,000)per year on a reimbursement basis Reimbursements requests will be submitted monthly. All expenses allowable under this contract will be reimbursed until the not to exceed maximum for the contract year is reached. If this contract is terminated on any E date other than the annual anniversary date of the contract,the contractor will reps two the County any reimbursements received that exceed the prorated amount based on the percentage of the contract year elapsed as of that termination date.Allowable ex enses will only reimbursed in the contract year in which they were incurred(i.e. expenses incurred in one contract year will not be"rolled forward"for reimbursement in a subsequent year 'ust because the IRrior ear's maximum reimbursement was alread paid). If less than the maximum reimbursement was CL claimed in any contract y ar,those funds shall revert to the County(i.e.,unused funds at the end of the contract year shall not be"rolled over" into the next contract year). cv CD cv i LO As a result of the addition of the added expenses due to the occupancy of the new building in r early 2019 the Contractor was authorized reimbursement of a cumulative amount annually of $196,696 00 for specific categories of added expenses as detailed in paragraphs 3.A.through 31.of the 4ffi amendment. These not to exceed amounts are continued annually until a reconciliation amendment is approved as anticipated by the 4`'amendment. County and � FKSPCA specifically acknowledge that the 5 h amendment revision to PARAGRAPH 2 - ailed to included the amounts envisioned in paragraphs 3.A.through 3.F. of the 44 amendment. The contract amount, upon mutual agreement by the parties, can be adjusted based upon an analysis of increased shelter operations, increased operational cost or other justified reasons relating to animal control services and enforcement as set forth in this agreement. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein,this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the Contractor.The Board shall not be obligated to pay for any services or goods provided by the Contractor after the Contractor has received written notice of termination,unless otherwise required by law. 2 Packet Pg. 1157 C.27.c 6t�Amendment FKSPCA Lower Keys Animal Control contract 4. The first paragraph of Paragraph 2 A., PAYMENT. is replaced with the following I- hfollows; Payment shall be made in accordance with the Local Government Prompt Payment Act, 218.70 (F.S.). Payment will be made periodically,but no less than on a monthly basis, on a reimbursement basis, as hereinafter set forth. Reimbursement requests will be submitted to the Boards' designated representative. The County shall only reimburse, subject to the funded amounts below,those reimbursable expenses which are reviewed and approved as complying with 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,with attached spreadsheet summarizing the expenses,with supporting documentation(e.g. copies of invoices) attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The Contractor's final invoice must be received within sixty(60)days after the termination date of this contract as shown in Article I above. Unused funds will not be rolled over to the next contract year. The Contractor may seek a request for reimbursement for annual payment on invoices that cover future periods,receipt of goods or services(e.g. insurance premiums, monitoring of alarm systems etc.),but the Contractor must provide a sworn affidavit attesting that any refunds/credits of monies shall be repaid to the County together with interest calculated pursuant to Sec. 55.03, Fla. Stat.,running from the date the monies were paid to Contractor. CL 5. In all other respects, the remaining terms of the Agreement dated November 14, 2017, not inconsistent herewith, shall remain if full force and effect. cv cv IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first LO written above in two (2) counterparts, each of which shall, without proof or accounting for the other i s,be deemed an original contract. t: MADOK,CLERK BOARD OF COUNTY COMMISSIONERS --- OF MONROE COYNTY,FLOIDA 3 _ c— �+ 4ak By: By: CDa.5lbeputy Clerk Ma hairman _ s mr rr; CD (SEAL) CONTRACTOR: tea FLORIDA KEYS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC. Attest: 3 Packet Pg. 1158 C.27.c 60 Amendmen FKSPCA I n' ontraI contract By: By. WITNESS Title: Title: Executive[]hector By: WITNESS Title: W"ROECOUNIVAM)KNE1 ASSISTANT C'Dll WT V ATTORN E% 0710 M20 h U 0 CL CD LO P' h U 4 Packet Pg. 1159 C.27.c ATTACHMENT A Expense Reimbarsernent Requirements This document is intended to provide basic guidelines to Hunan Service and Community Based organizations,county travelers,and contractual parties who have reimbursable exposes associated with Monroe County business. These guidelines, as they relate to travel,are from the Monroe County Code of Ordinances and State laws and mgulations. A cover letter (see Attachment B) summarizing the major line Items on the reimbumable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and In agreement with the records of this organization. i:-: Furthermore,these expenses are In compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. U Reimbursement requests will be monitored in accordance with the level of detail In the contracL This document should not be considered all-inclusive. The Clerk's Finance Department reserves CL the right to review reimbursement requests on an individual basis. Any quesdoAs regarding these guidelines should be directed to 305-292-3534. N Data Processing, PC Time, etc. The vendor invoice Is required for reimbursement. Inter-company allocations are not considered LO reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certlfled statement verifying the accuracy and authenticity of the payroll expense Is needed. If a Payroll 3ournal 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 appilcable payroll taxes. Postage,Overnight Detiverlese Courier, etc. E A log of all postage expenses as they relate to the County contract Is required for reimbursement. For overnight or express dellverles,the vendor invoice must be Included. Rental Lasses,etc. A copy of the rental or lease agreement Is required. Deposits and advance payments are not allowable expenses. Reproductlohs, 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, Sarvlces, aft. For supplies or services ordered, a vendor Invoice Is required. Packet Pg. 1160 Telefax, Fox, etc. A fax log is required. The log must define the sender, the Intended reciplent, 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 i:-: the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airilne ticket. A travel Itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges Is required on the lodging invoice. Balance due must be zero. Room 0 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. CL 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. LI i Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS,AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m.for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non-allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included In the contract), contributions, depreciation expenses(unless specifically Included in the contract), entertainment expenses, fbndralsing, non-suffkient check charges, penalties and fines. c Packet Pg. 1161 C.27.c ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for(Oraanizatio LDADW for the time period of to Check # Payee Reason Amount 101 Company A Rent $ X'XXX.XX 102 Company B Utilities XXXXX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee S PIR ending 05/28/01 XXX,XX (A) Total 3 X.XXX.XX (B) Total prior payments $ X'XXX.XXCL (C) Total requested and paid (A + B) $ Xl)=.XX (D) Total contract amount $ X,XXX.XX '✓ Balance of contract (D-C) I certify that the above checks have been submitted to the vendors as noted and that the LO expenses are accurate and in agreement with the records of this organization. Furthermore, [J these expenses are In compliance with this organizations contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this day of 204 by who is personally known to me. Notary Public Notary Stamp Packet Pg. 1162 JP4cR coukra 00 Ci.27.tt a: °°F .3"R •�`�:o Kevin Madok, cPA Clerk of the Circuit CourtComptroller& —Monroe County, Florida DATE: February 13, 2020 TO: Tina LoSacco, Sr.Teclhnician FROM: Pamela G. Hanco .C. SUBJEcr: May 22, 2019 BOCC Meeting Attached are electronic copies of the following items that were just received by this office for your records. C26 2nd Amendment to Contract widh The Florida Keys Society for Prevention of Cruelty to Animals, Inc. for operation of die Maranon Animal Shelter reflecting a CPI-U increase of 1.996 effective November 15, 2019.The agreement amount will increase to $442,689.77/year or �° $36,890.81/month. c� C27 5di Amendment to die Amended and Restated agreement widh The Florida Keys � Society for Prevention of Cruelty to Animals, Inc. for the Key West Animal Shhelter reflecting a W CPI-U increase of 1.9% effective May 1, 2019.The agreement amount will increase to LO $550,886.80/year or $45,907.23/monn. Should you have any questions, please feel free to contact me at(305) 292-3550. N E LO E U cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 1163 C.27.d 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 22°d 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 n 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 U 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 U) IN CONSIDERATION of the mutual promises contained herein, the parties hereby W agree as follows: LO 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, as amended, not inconsistent herewith, shall remain if full force and effect. LO E U [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 1 of 2 FIFTH AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) Packet Pg. 1164 FIFTH AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) WITNESS WHEREOF, the parties have caused these presents to be executed in the 'Yre k amen. WA "t" x r,KEVINr M; ADOK,CLERK BOARD OF99UNT MMISSIONERS OF MO RO OUN Deputy Clerk Mayor/Chairman Date: fitness Signature THE FLORIDA KEYS SOCIETY FOR E �7-eane-H-G yy l i CLMjj 51 2A) I I THE PREVENTION OF CRUELTY TO Print Name Date ANIMALS, INC. 0 k��A By: Witness Signatur Pfesid=t i ira`A.Su,Yer° bo lxlG Date: 61 ab tq Print Name DateLO N Address: 5-7 11 Coll 2cnc(, they Wpst,, FL 33o4t� N o M O MONROE COUNTY ATTORNEYLO W DPP EDAM!► FE`F ��LT CHRISTINE LIMBERT-BARROWS � O CM J ASSISTANT CP A ORNEY DATE: C) LLQ LLB C-1 Page 2 of 2 FIFTH AMENDMENTTO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) Packet Pg. 1165 C.27.d OP ID:CH ACORO° CERTIFICATE OF PROPERTY INSURANCE DATE(MM/DDIYYYY) 01/28/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY'OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. CONTACT PRODUCERNAM A E: Atlantic Pacific-Key West PHCNo t.305-294-7696 FAX o E 305-294-7383 1010 Kennedy Dr,Suite 203 Key West, FL 33040 MAIL ,chernandez@apins.com Richard Horan PRODUSTUCER FLOR-46 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Mt.Hawley Insurance Co. 37974 Florida Keys S.P.C.A. INSURER 9: 5711 College Rd Key West,FL 33040 C INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: d LOCATION OF PREMISES/DESCRIPTION OF PROPERTY(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) 5711 College Rd,Key West,FL 33040 WIND is included with Fire policy THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. a� r_ INSR TYPE OF INSURANCE POLICYNUMBER POLICYEFFECTIVE POLICY EXPIRATION COVEREDPROPERTY LIMITS LTR DATE(MMIDD/YYYY) DATE(MMIDDIYYYY) 0 A X I PROPERTY MPCO602111 12/28/2019 12/28/2020 Y BUILDING $ 7,500,000 CAUSES OF LOSS DEDUCTIBLES Y PERSONAL PROPERTY $ 1,000,000 () BASIC BUILDING 2'500 BUSINESS INCOME $ t) BROAD CONTENTS EXTRAEXPENSE $ ILL X SPECIAL 2,500 RENTAL VALUE $ N EARTHQUAKE BLANKET BUILDING $ 04 A X WIND 25,000 MPC0602111 12/28/2019 12/28/2020 BLANKET PIERS PROP $ FLOOD BLANKET BLDG&PP $ r S a INLAND MARINE TYPE OF POLICY S a) CAUSES OF LOSS $ NAMED PERILS POLICY NUMBER $ d CRIME $ TYPE OF POLICY A P P O E EMU IT $ BY $ BOILERBMACHINERY/ WAIVER N EQUIPMENT BREAKDOWN V 19 �1�^ a •-� •., $ „ $ U a.a S a� SPECIAL CONDITIONS/OTHER COVERAGES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Additional insured listed as: Monroe County Board of County Commissioners, 1100 Simonton St,Key West,FL 33040 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of ACCORDANCE WITH THE POLICY PROVISIONS. County Commissioners 1100 Simonton St Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 24(2016103). ©1995-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1166 A Stock Company FFL 99:001 1018 P.O.Box 33003 0116407 ` St:Petersburg,ft 33733.4003 8/05/19 Customer'Service:.1400-8203242- 200011523 FLD RGLR WRIGHrVIC Claims:1.800-725-9472 rom,,,� .sCiFLOODDECLARATIONS PAGE . NEW BUSINESS =Polk :Number. NFIP Policy Number[Prodddt TVve.[Product Standard Policy 091151775622 00 1 1151775622 [General,Property Form. Policy Period. Date of Issue': ent Code . Prior Policy Number From:,3/68/19-To:-3/08120`12:01 am Standar 'Time 03/05/201'9 '011.6407 I . . Agent(305)29477696 ATI:ANTIC PACIFIC INSURANCE INC FLORIDA KEYS SPCA 1010 KENNEDY DR STE 203 5711 COLLEGE RD KEYj WEST FL 33040-4133 KEY WEST FL 33040-4311 Property Locatlon(if other than.above) Address may have been changed in accordance with US PS standards. 5711 COLLEGE RD, SPCA,BUILDING, KEY WEST FL.33040 E Ratin Information.. Original.New Business Effective Date: 3/08/2019 Flood Risk/Rated Zone:AE { Grandfathered:No Building Occupancy: Business Non-Residential Primary.Residence: N. Number of Floors: Two Floors Condo Type: N/A Building Indicator: Non-Elevated Community#: 120168 Map Panel/Suffix: 1528 K Basement/Enctosure/Crawlspace: Community Rating: 07/156/6 Program Status: Regular No Basement Community Name:XEY WEST, CITY OF Elevation Difference: 1 U) Coves a Deductible , Annual'Premium BUILDING $500,000 $50;000 $1,361.00 , "CONTENTS $500,000, -$50,000 $885:00 i!- ANNUAL':SUBTOTAL: ..` $2,246.00- THIS IS NOT A.BILL, DEDUCTIBLE DISCOUNT/SURCHARGE: - $977.00 ICC PREMIUM: $5.00 DEAR"MORTGAGEE COMMUNITY RATING DISCOUNT: $191.00 �E SUB-TOTAL: $1,083.00 The ReformiAct of 1994 requires you to notify m the WYO company for this policy within 60 days E of any°changes.in the servicer of-this loan. RESERVE FUND ASSESSMENT: $162.00 PROBATION SURCHARGE: $0.00 The-above message applies only when there FEDERAL POLICY SERVICE FEE: $50.00 is a mortgagee on the insured location: HFIAA'SURCHARGE: , $250.00 Premium Paid'by:_Insured TOTAL WRITTEN PREMIUM AND FEES: $1,545.00 S .ecial Provisions: - _ This policy covers only one building. If you have more than one building on your property,please make sure they are all covered. See Ill. Property Covered within your Flood policy for NFIP definition of"building"or contact youragent,broker,or Insurance company, Please refer to the policy for complete�tenns,conditions,.and.exclusions. A full„digital copy of your flood policy form is eivailable-at'www.wrightflood.com/polleyforms.htmi.The form which applles-to-your policy coverage is:General Property Form ,i ForirS arid.Endorsements: WFL 99.415 11171117 FFL 99.310 1012 1010 WFL-99.116 0614 0614 IS , Thispolicy;is issued by NAIC company.11523 Wright National Flood Insurance Company A stock company _ Copy Sent To:As indicated on back,or additional pages, if any. - APPR EMENT Patricia Templeton-]ones,President . 0Y WAIVER N/AA Y i� 4 1111,64070911,5177562219064 00005, I company Packet Pg. 1167 C.27.d ACORO° ATE(MM/DD/YYYY) CERTIFICATE OF PROPERTY INSURANCE D0 711 812 01 9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. CONTACT PRODUCER NAME: Atlantic Pacific-Key West Alc°NE. Exl:305-294-7696 FAX Na 305-294-7383 1010 Kennedy Dr,Suite 203 E-MAIL chernandez a ins.com Key West,FL 33040 ADDRESS: p Richard Horan CROTUMCERIE, FLOR-46 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:Mt.Hawley Insurance Co. 37974 Florida Keys S.P.C.A. Wright National Flood Ins Co 11523 5711 College Rd INSURERS: g Key West, FL 33040 INSURER C: INSURER D: INSURER E: _ INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: LOCATION OF PREMISES I DESCRIPTION OF PROPERTY(Attach ACORD 101,Additional Remarks Schedule,if more space is required) 5711 College Rd,Key West,FL 33040 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS O LTR DATE(MMIDDIYYYY) DATE(MMIDDIYYYY) A X PROPERTY MPC0601461 12/28/2018 12/28/2019 Y BUILDING $ 7,500A CAUSES OF LOSS DEDUCTIBLES Y PERSONAL PROPERTY $ 1,000,0 CL BASIC BUILDING BUSINESS INCOME $ 2,500 BROAD CONTENTS EXTRA EXPENSE $ W X SPECIAL 2,500 RENTAL VALUE $ N EARTHQUAKE BLANKET BUILDING $ Ni A X WIND 3% BLANKET PERS PROP $ B X FLOOD 50,000 09115177562200 03/08/2019 03/0812020 BLANKET BLDG 8 PP $ Y Fld-Bldg $ 500,a N Y Fld-Cts $ 500,C INLAND MARINE TYPE OF POLICY $ CAUSES OF LOSS $ NAMED PERILS POLICY NUMBER $ CRIME $ TYPE OF POLICY APP AGE $ LO B $ BOILER a MACHINERY I WAIVER N/ .--c $ EQUIPMENT BREAKDOWN ., $ $ SPECIAL CONDITIONS I OTHER COVERAGES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Listed as additional insured/interest-Monroe County Board of County Commissioners,1100 Simonton St,Key West,FL 33040 CERTIFICATE HOLDER CANCELLATION MCBCCOM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West,FL 33040 ACORD 24(2016103) ©1995-2015 ACORD CORPORATION. All rights reserves. The ACORD name and logo are registered marks of ACORD Packet Pg. 1168 C.27.d FLOR-46 ACORO° CERTIFICATE OF LIABILITY INSURANCE DATE/28/2Y) o1zs/ 020ozo THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER 305-294-7696 CONTACT Atlantic Pacific-Key West PHONE 305-294-7696 FAx 305-294-7383 1010 Kennedy Dr,Suite 203 A/c No Ext: A/C No Key West, FL 33040 AE-,mA,'L,,,.chernandez@apins.com Richard Horan INSURERS AFFORDING COVERAGE NAIC# Penn-America Insurance Co 32859 11NsgRRED NGM Insurance Co. Flon a Keys S.P.C.A. 5711 College Rd INSURER C Key West,FL 33040 _ INSURER D INSURER E• a-^ INSURER F: d COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INSR TYPEOFINSURANCE ADDL SUB pOLICYNUMBER POLICY EFF POLICYEXP mminnhivvy LIMITS L) LTR A X COMMERCIAL GENERAL LIABILITY 2,000,000 EACH OCCURRENCE S CLAIMS-MADE Fx_1 OCCUR y PAV0191856 07/01/2019 07/01/2020 DAMAGE TO RENTED $ 100,000 A X Professional Liab PAV0191856 07/01/2019 07/01/2020 MED EXP(Anyoneperson) S 5,000 PERSONAL&ADV INJURY $ 2,000,000 CJ GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 t3- POLICY❑jpa LOC PRODUCTS-COMP/OPAGG $ included OTHER: Prof Liab $ 2,000,000 W AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 041 ANY AUTO A PR V 1 NA EMEM BODILY INJURY Perperson) $ OWNED SCHEDULED 13 AUTOS ONLY AUTOS TE BODILY INJURY Per accident S Hr D ONLY NON-OWNED AUTOS ONLY IVER N/A Pe°ac at)AMAGE $ r $ CNI a.a UMBRELLA LIAB OCCUR EACH OCCURRENCE $ d EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DIED RETENTION$ $ WORKERS COMPENSATION I PER OTH- d AND EMPLOYERS'LIABILITY Y/N E ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S OFFICERWEMBER EXCLUDED? N/A (Mandatory in NH) .� E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S B Employee Dishonest F271572N 06/26/2019 06126/2020 Bond 100,000 d E U DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Locations covered:6711 College Rd,Key West,FL 33040(including 21 acres of Mt Trashmore); 10550 Aviation Blvd,Marathon,FL 33050; Parcels Q,R 8r S, Little KnockErn Down Key,FL 33042 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ACCORDANCE WITH THE POLICY PROVISIONS. County Commissioners 1100 Simonton St Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) V� @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1169 C.27.d COMMERCIAL LINES COMMON POLICY DECLARATIONS INSURANCE IS PROVIDED,BY THE COMPANY DESIGNATED BY AN"X Stock �i� * x PENN:AMERICA INSURANCE COMPANY Company Groupk *7 * PENN-STAR INSURANCE COMPANY FAV0161601 -pENN PATRIOT INSURANCE COMPANY . Re aewailo"flNum .er Bala Cynwyd, Pennsylvania 19004tate trol Number Rewrite of Number POLICY NUMBER: PAV0191856' 1. NAMED INSURED: A KEYS S.P.CA. 9 DBA: Prod"Agent Christine Hernandez Address: 11382 Prosperity Farms Road;#123 MAILING ADDRESS: 5711 College Rd Palm Beach Gardens FL 334.10 � Prod.Agcy: Atlantic Pacific Insurance,Inc. { Address: 11382 Prosperity Farms Road;#123 ti Key West, FL 33040- Palm Beach Gardens FL 33410 E 2. 1 POLICY PERIOD: July 1,2019 JUIy Jr,2020 -a From To at 12:01 A.M.. Standard Time at your mailing address shown above. 3. FORM OF BUSINESS: Corporation. OTHER DESC - 4. BUSINESS DESCRIPTION: ANIMAL SHELTER 2 IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND-SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE. YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. 5. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM-IS INDICATED, r) THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM W Commercial General Liability Coverage Part $ 3,612.00 C14 6 NOT COVERED 'U') Commercial Property Coverage Part $ Commercial Crime Coverage Part $ NOT COVERED r Commercial Inland Marine Coverage Part $ NOT COVERED 04 Professional Liability Coverage Part $ - INCLUDED j Liquor Liability Coverage Part $ NOT COVERED F Commercial Umbrella Coverage Part $ NOT COVERED .c Owners Contractors Protective Coverage Part $ NOT COVERED TRIA $ NOT COVERED E 6: d.. TOTAL.PREMIUM PAYABLE AT INCEPTION $ 3,612.00 .� Service Fee 35.00= LO Surplus Lines Tax $ 182.35, 00 �^ d Stamping Fee $ 3.65, cZa I, $ U M Other: $ n s TOTAL $ 3,833.01 Tt� CV qH 4- N 7. FORM($)AND ENDORSEMENTS)MADE A PART.OF THIS POLICY AT THE TIME OF ISSUE:* s AS PER FORM S1007(1 D 000)SCHEDULE OF FORMS AN ENDORSEMEAtTS ATTACHED Omits applicable Forms and Endorsements if shown in specific'Coverage ParUCoverage Form Declarations. THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS,COVERAGE PART DECLARATIONS,COVERAGE PART COVERAGE FORM(S)AND FORMS AND ENDORSEMENTS,IF ANY,ISSUED TO FORM A PARTTHEREOF,COMPLETE THE'ABOVE NUMBERED POLICY. 02169 Agency.Code: WINS Access Insurance Services, LLC 7108 Fairway Drive,Ste 200 By,. Palm Beach Gardens, FL 33418 Authorized Representative DF/KZ 07/18/2019 S1100(09/2016) Packet Pg. 1170 ; I 6 Stock [ * Company y * COMMERCIAL GENERAL LIABILITY COVE GE PA *00A DECLARATIONS 9.5• s '. + *** 60 POLICY NUMBER: PAV0191856 r p �(�L 1. NAMED INSURED: FLORIDA KEYS S.P.C.A. 2. LIMITS OF INSURANCE-INSURANCE APPLIES ONLY FOR COVERAGE FOR WHICH A LIMIT OF ? INSURANCE IS SHOWN. General Aggregate Limit(Other than Products/Completed Operations) $ 2,000,000 Products/Completed Operations Aggregate Limit $ ' Included Each Occurrence Limit $ 2,000,000 � Personal& Advertising Injury Limit $ 2,000,000 � Damage to Premises Rented to You Limit $ 100,000 anyone premises Medical Expense Limit $ 5,000 any one person E E 3. LOCATIONS of all premises you Own, Rent, or Occupy :1 -"":�J �Parcels ress City ZipUNo. Q,R&S,Lot 3 Section 23 Little KnockEm Down FL 33042 C� PREMIUM BASIS RATES ADVANCE PREMIUM *, Prod/CO All Other Prod/CO All Other C? 4, CLASS Code/ Exposure 7 If Classifications are Numbered,the coverage applies to the corresponding Location No. V l`^► No. 1 Bldg 1 49451 e) 13 Incl 1.982 Included 26.00 '` v W CNI Vacant Land-Other than Not-For-Profit CNI No. 1 Bldg 1 0) 1 Incl Flat Included 750.00 � C14 Increased GL Limit � m No. 1 Bldg 1 e) 2 Incl Flat Included 100.00 'E Additional Insured-Managers or Lessors of Premises—Per Form CG2011 No. 2 Blddj 1 45450 e) 26 Inc] 39.618 Included 1,030.00 m - Kennels U No. 3 Bldgj 1 45460 e) 42 Incl 39.618 Included 1,664.00 Kennels If Classifications are Numbered,the coverage applies to the corresponding Locati&Commercial l' TO .(s) gross sales-per$1000 (c) total cost-per $1000 r 10 (0) each (p)Epayroll-per $1000 (a) area-per 1000sq. ft (o) other 5. Policy may be AUDITABLE (t) see classification notes In compnes Manual 6. SPECIFIC GENERAL LIABILITY FORMS/ENDORSEMENTS As per$100.7[12-00] i This page alone does not provide coverage and must be attached to a Commercial.Lines Common Policy Declarations Common Policy Conditions,Coverage Part,Coverage Form(s)and any other applicable forms and endorsements. 1. S2000 (06/01) Packet Pg. 1171 b Stock COMMERCIAL GENERAL LIABILITY COVERAGE PART Company * o *� SUPPLEMENTAL DECLARATIONS Grou POLICY NUMBER: PAV0191856 NA Flo ' a�Ke"yssS'P' 'A 1 v O. LOCATIONS of all premises you Own,Rent,or Occupy 21 10550 Aviation Blvd, Marathon, FL 33050 001 3 11 5711 College Rd, Key West, FL 33040 A - E E NO. I, CLASS PREMIUM BASIS. RATES ADVANCE PREMIUM Code/ Exposure Prod/CO All Other Prod/CO All Other 3 Bldg 1 49451 e) 21 Incl 1.982 Included 42.00 � t0 Vacant Land-Other than Not-For-Profit r) N N LO N a � s - 1 � E '1 LO #, E c 3 s Total Premium This Page $ See Form S2000 Accumulative Total $ for Total Premium (s);gross sales-per$1000 (c) total cost-per$1000 (m)adm issions-per 1000 (a) each (p))payroll-per$1000 (a) area-per 1000 sq.ft. (u) units Policy may be AUDITABLE SPECIFIC GENERAL LIABILITY FORMS/ENDORSEMENTS This page alone does not provide coverage and must be attached to a Commercial Lines Common Policy Declarations Commo f n Policy Conditions, Coverage Part Coverage Form(s)and any other applicable forms and endorsements. S2001 (10/2013) Pa Packet Pg. 1172 3 ATLANTIC PACIFIC INC PR99REIRYT 11382 PRSPRTY FRM 123 COMMERCIAL PALM BCH GARDENS,FL 33410 Policy number: 06456454-7 Underwritten by: Progressive Express Ins Company Insured: MC BOARD COUNTY COM FL KEYS S.P.C.A. 1100 SIMONTON S KEY WEST,FL 33040 June 8,2019 Policy Period:Jun 30,2019-Jun 30,2020 Mailing Address / Progressive Express Ins Company PO Box 94739 Additional insured endorsement , Cleveland,CH44101 1-800-444-4487 Name of Person or Organization / For customer service,24 hours a day, ,/ MC BOARD COUNTY COM 7 days a week 1100 SIMONTON S KEY WEST,FL 33040 The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy,but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page. Limit of Liability W Bodily Injury Not applicable --- - -— — - � Property Damage Not applicable LO Combined Liability $1,000,000 each accident All other terms,limits and provisions of this policy remain unchanged. 04 This endorsement applies to Policy Number:06456454-7 Issued to(Name of Insured):FL KEYS S.P.C.A. Effective date of endorsement:06/30/2019 Policy expiration date: 06/30/2020 Form 1198(01/04) a� LO a.� -- ---- ---- ------------------- -. E U a� a� ANAGEMENT AT C�WAVERAN/A — Packet Pg. 1173 C.27.d ATLANTIC PACIFIC INC 11382 PRSPRTY FRM 123 COIDIMERC/AL PALM BCH GARDENS,FL 33410 Policy numbeir: 06456454-7 Underwritten by: Progressive Express Ins Company May 18,2019 FL KEYS S,P.C.A. Policy Period:Jun 30,2019-Jun 30,2020 5230 COLLEGE RD 10 WEST,FL 33040 Revised renewal NOU and palky Wfamat'g®n 'is endesed This information was revised on May 18p 2019 E p1lease Favieww your pemocy documents today � We send your renewal policy information early so that you have the opportunity to review it at your convenience. Your Commercial Auto Insurance Coverage Summary lists drivers,current driving history,the autos insured,the coverages selected and the premiums by coverage. Your current policy will expire on June 30, 2019 at 12:01 a.m. if we recently sent you a Cancel Notice because the 0 remaining balance on your current policy has not been received please pay that amount by the due date to avoid policy cancellation. Uhils bill does rm supersede any Caneei9allon Notice. If you have already sent this payment- to thank you. If you do not make this payment,the offer to renew this policy is withdrawn. If you've scheduled a payment,it is not reflected in the amount due. 04 Revised premium and payment information 0.4 LO ...................................... . . • .................................................. Revised renewal policy premium $11,901.00 Minimum amount doe 04 ®arse�a e June 30 2019 � To renew your policy,please pay the amount shown above,or call us for other available options,by the due date. To pay with a check or credit card by phone,call Customer Service at 1-877-278-1615,or login to progressiveagent.com. LO Please see rreverrse side for additional information. Continued on bark r_ m 0 0 0 0 0 a 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O C O O C O O O a 0 0 E Y O O C O C . O o e o e 0 0 0 e . O e E U Payment Coupon �� Pallicy nuaaaben 06435494-7 Policyholder: FL KEYS S.P.C.A. ................................................................... :•.•.. illivaalaa um amount due $11,901.00 if you Pay by check,please allow 5 to 7 6a a riate ynne�,Z"®1`"' days for your payment to reach us. Write your ...........I...............•.................................................................... policy number on the check and make it Amount enclosed $ payable to Progressive Express Ins Company, ................................I............................................................... If you wish to change your method of payment,please call Customer Service at 'asolllll'al'Irlal'elilrll'ir9lrlIII-H.-II,III-It 01...a'os'o'ld 1-800-444.4487 before the scheduled PROGRESSIVE EXPRESS INS charge date. DEPT 0561 CAROL STREAM IL 60132-0561 Do not write below this sedon of coupon. CA-11092 056106456454 09414 1190100 1190100 5000101 8857267 007006301902 Packet Pg. 1174 C.27.d ATLANTIC PACIFIC INC 11382 PRSPRTY FRM 123 COUIVEMC/AG PALM BCH GARDENS,FL 33410 Named insured Polloj number: 06496454.7 Underwritten by: Progressive Express Ins Company May 18,2019 FL KEYS S.P.C.A. Policy Period:Jun 30,2019-Jun 30,2020 5230 COLLEGE RD Pagel of 4 KEY WEST,FL 33040 progressiveagent.coen Online Service Make payments,check billing activity,print policy documents,or check the status of a CommwcoRA Auto claim. 1-561-624-1800 � gnsunmin(Le Owenage �rt�,Nrlc�AClFlcl�+c Contact your agent for personalized service. This is your revised Renewal 1-800-U44487 ®ekearations Page For customer rrf your agent is unavailable ontorto report a claim. Your poky information has changed This Renewal Declarations Page is effective only if the minimum amount due to renew your policy is received or postmarked by June 30,2019. " CL Your coverage begins on June 30,2019 at 12:01 a.m. This policy expires on June 30,2020 at 12:01 a.m. This coverage summary replaces your prior one,Your insurance policy and any policy endorsements contain a full explanation of your coverage.The policy limits shown for an auto may not be combined with the limits for the same coverage on another auto,unless the LO policy contract allows the stacking of limits.The policy contract is form 6912(06/10).The contract is modified by forms 1652FL (08112), 1198(01104),4852FL (10/04),4881 FL (01/13)and Z228(01/11). �+ The named insured organization type is a corporation. car P®iicpychanges eftlfectivQ June 30, 2019.................... � Premium change; -$1,493,00 .. . ...r.... ... . .. .. .. ......... ...... .. E Changes:..•.• *.. •...... ..*��*��•.......•����•���•��........... T.he....d..river... .i.nf.omation... h.a..s.c.hange... .d,. ................ ......... .............. The changes shown above will not be effective prior to the time the changes were requested. LO j out fine of coverageDescription � . ......... .....,.Llmits.................................................................DeduRible.,,.,.,.....Premium ............................................................... Liability To Others $9,998 Bodily injury and Property Damage Liability $1,000,000 combined single limit ..........................I........................... .............,................................................................................... Uninsured/Underinsured Motorist Rejected ........................-- .................................................................................................................................................. ... Basic Personal Injury Protection 251 Without Work Comp-Named Insured&Relatives $10,000 each Person $0 ......................................................................................... ................................................................................... Comprehensive 648 See Auto Coverage Schedule Limit of liability less deductible ............................................................... ........... ..........................................,.......,............................9-8. Collision 984 See Auto Coverage Schedule Limit of liability less deductible Subtotal policy premil m ............................................................................................................................................................................. Fees 20 Total 12 inontiry policy premium and fees $111201 ComInued Foim 6489 FL(01115) Policy number. 06456454-7 Fl.KEYS S.P.C.A. Page 2 of 4 Rated drivev .......... .......*............... ...................,...........**........ ........... ............ ....................................... ....................,........... ...........2, TAMMY FOX 3. X6��' .... .....*,....,........ ............. .......*.............. ............,....... ...... ......*...... " ....... .. . .4. LI�DS'EYTHOMPSO'N.......................... ........... ........ ............................ ............*....... ... .........**......,.....*................ .......... .....................*......,............ .........5. TIFFANY BURTON *.....i...............*.............. ........... .................,......... ................6. DELBERT DUNSMORE ............... ...................**........,.....................7. TARA M VICI(REY ...................*''**................ ......*............... ...............................8. MARIEASIMPSON ............. ............. .................................... ................................................ 9. J'ENNIFER'R'S4&wLiER...,...... 10.l4kl4*1 SMITHE ................. ......... ...... .............. ......... ................. .......11.SARA E BENTLEY 12.CECIL L LAWSONE < Auto coverage schedule = U 1 2014 Ford Econo/Club Wgn Actual Cash Value (plus$0.00 Permanently Attached Equip) 9 0 VIN; 1FTNE2EW4EDA90169 Garaging Zip Code: 33050 Radius: 100 Liability P#R4............T........................................................................................................................................ Premium $2,423 $56 A C14 Camp Camp Deductible C01115fon Collision Physical Damage Premium Deductible Premium Auto Total c� ....... ...... ............................................................................................ Q LO Premium ..........$'l' $250 $178 $2.784,* v 5= 0. c14 2. 2015 Miss PJV 200 2.5s/Sv Stated Amount: *$22,100(including Permanently Attached Equip) VIN: 3N6C[vI0KNOFK718821 Garaging Zip Code: 33040 Radius: 50 in Liability HO�Ii!x............PIP............ E Premium $1,980 $47 Camp Camp Collision Collision co M LO Physical Damage Deductible Premium Deductible Premium Auto Total Premium ii6............ i 1*5-5........ -'$-2*�6...... ...... ...... ...................... ........... .......$"2';'4'50 E U 3. 2005 Ford Econo/Club W9n Actual Cash Value (plus 11,11 Permanently Attached Equip) VIN: 1FMRE1 IWX5HA98430 Garaging Zip Code: 33040 Radius: 50 Liability Liability PIP Premium �..........46.....,...."",......... ........—*......... ............. ....... .......... Camp Camp Collision Collision Physical Damage Deductible Premium Deductible Premium Auto Total Premium5-0,*........... .............. 5—*0....... ..................... ............ ........ ....... ....... Continued Form 6489 Fl.(0 1115) Packet Pg. 1176 C.27.d Policy number: 06456454-7 Fl.KEYS S.P.C.A. Page 3 of 4 4, t000 Ford EeonolCiuio Won Actual Cash Value (plus$0.00 Permanently Attached Equip) VIN: 1 FTNS24W76DA11489 Garaging Zip Code: 33050 Radius: 100 Liability Liability PIP ................................................................................................................................ Premium $1,973 $56 Comp Camp Collision Collision Physical Damage Deductible Prernmm Deductible Premium Auto Total Premium ............. ................................................................. $250 $101 $250 $93 $2,223 5. 2010 Chevvolet Esplress G2500 Stated Amount: °$25,000(including Permanently Attached Equip) VIN: 1 GCWGAFG411 904 1 99 Garaging Zip Code: 33040 Radius: 50 011 Liability Liability PIP .. ......................................................... .................................................................................................. .Premium $1,967 $q6 Camp Camp Collision Collision s Physical Damage Deductible Premium Deductible Premium Auto Total Premium ....0...................................$.250...................................... $25 $177 $2,570 C� *A vehicle's stated amount should indicate its current retail value,including any special or permanently attached equipment. In the event of a total loss,the maximum amount payable is the lesser of the Stated Amount or Actual Cash Value,less deductible. Be sure to checkstated amount at every renewal in order to receive the best value from your Progressive Commercial Auto policy. w PireeaaWvn discounts 04 04 Polity ...................................................................................................................................................................... 06456454-7 Business Experience and Paid In Full Vehicle ............................................................................................................................................................................. 04 2014 Ford Econo/Club Wgn Anti-Lock Brakes and Air Sag 2015 Niss NV 200 2.5s/5v Air Bag 2005 Ford Econo/Club Wgn Anti-Lock Brakes and Air Bag 2006 Ford Econo/Club Wgn Anti-Lock Brakes and Air Bag 2018 Chevrolet Express G2500 Anti-Lock Brakes and Air Bag E Additional] Insured information LO .................................. ................................................................... 1 . Additional Insured MC BOARD COUNTY COM 1100 SIMONTON S KEY WEST,FL 33040 U m Agent signature (J�a Continued Form 6489 FL(01/15) Packet Pg. 1177 C.27.d ATLANTIC PACIFIC INC M919RE111YAF 11382 PRSPRTY FIRM 123 PALM BCH GARDENS,FL33410 COMMERCIAL FL KEYS S.P C.A. Policy Number: 06456454-7 Underwritten by: FL KEYS S.P.C.A. Progressive Express Ins Company 5230 COLLEGE .A Date of Mailing:June 14,2019 RD KEY WEST,FL 33040 Policy Period: Jun 30,2019-Jun 30,2020 Pagel of 1 ATLANTIC PACIFIC INC t. 1.561-624-1800 Online Service progressiveagent.com Customer Service iZ 1-800-444-4487 m Commercial Auto Insurance Bill Your premium has changed Tired of writing checks? Save time 2 and money with Electronic Funds Remaining balance $5,058.00 Transfer(EF7)1 Contact your agent t0 ...........................................................................•.................... for more information. Payments remaining 0 Mmimaym amount die 5,d58'00� to;� 1A + U) 1 w To maintain your coverage,please pay the minimum amount due by the 04 due date. Any amount you pay above your minimum will be credited to 0.4 your next payment. LO If you've scheduled a payment,it is not reflected In the amount due. Billing detail for April 14, 2019 -June 14, 2019 04 Payment on May 6-thank you.........................-$696.00 Payment on June 6.thank you ......................-$11,901.00' "1 r.. E Current amount(based on premium change) ..............$5,058.00 r, ,1 'j Minimum amount due ..............................$5,058.00 m E Payments received after June 14 will appear on your next statement. LO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payment Coupon Policy Number: 06456454-7 FL KEYS S•P.C.A. U For immediate payment,please go to Remaining balance $5,058.00 progressiveagent.com or call 1-877-278-1615. ... .. ......... 'a.m", .......,............ ....... . ... If you pay by check,please allow five to seven Minimum amount due $5,058.00 days for your payment to reach us. Write your Due date Jlune 30,2019 policy number on the check and make it payable Amount enclosed to Progressive Express Ins Company. .......................................•......•...•....•..............•...•.......•.....,....... �rlllrlr.prrrrl�Irir.L.rirr...Ilrr�lir.rriunLlr..Irl�lll�r PROGRESSIVE DEPT 0561 CAROL STREAM IL 60132-0561 Do not write below this section of coupon. CA-11092 Form 6265 0 0/1 0) 056106456454 09414 0505800 0505800 5000118 4988547 007006301902 __.___ - - ---_- ---_-____ Packet Pg. 1178 C.27.d ATLANTIC PACIFIC INC .dl®QI'r 11382 PRSPRTY FRM 123 CONNERC/RL PALM BCH GARDENS,FL 33410 Named insured policy number: 06456454-7 Underwritten by: Progressive Express Ins Company June 15, 2019 FL KEYS S.P.C.A. Policy Period:Jun 30,2019-Jun 30,2020 5230 COLLEGE RD Page 1 of 4 KEY WEST,FL 33040 progressiveagent.com Onlina Service Make payments,check billing activity,print policy documents,or check the status of a Cammewc'W Auto claim. 1-561-624-1800 Ensurance Coverage Summary ATLANTIC PACIFIC INC �J o' Contact your agent for personalized service. E Your is your Dec�ara$oons Page 1-800-444-4487 our coverage has change For customersenriceifyouragentis unavailable or to report a claim, U Your coverage begins on June 30,2019 at 12:01 a,m, This policy expires on June 30,2020 at 12:01 a.m. This coverage summary replaces your prior one.Your insurance policy and any policy endorsements contain a full explanation of your coverage.The policy limits shown for an auto may not be combined with the limits for the same coverage on another auto,unless the U) policy contract allows the stacking of limits,The policy contract is form 6912(06/10).The contract is modified by forms 1652FL (08/12), 1198(01104),4852FL (10104),4881FL (01/13)and Z228(01/11). The named insured organization type is a corporation. LO Policy changes effedive Sane 30, 2019 .......................... ................................................ Premium change: $5,058.00 04 :.. ...................................................... T he driver infor mationh as-cha ..nged. .. .,..................................................... Clian9es � m The changes shown above will not be effective prior to the time the changes were requested. outline®f coverage � E Description limits Deductible Premium LO Liability To Others $14,474 Bodily Injury and Property Damage Liability $1,000,000 combined single limit ............................................................................................................................................................................. E UninsuredNnderinsured Motorist Rejected Basic Personal Injury Protection 371 U Without Work Comp-Named Insured&Relatives $10,000 each Person $0 Comprehensive 648 See Auto Coverage Schedule Limit of liability less deductible ...................................I- ................,.................... .................. Collision 1,446 See Auto Coverage Schedule Limit of liability less deductible Subtotal policy premium $16,939 ...................................................................................................................................................................... Fees 20 Total 12 month policy premium and fees $16,959 Ratted dirluey- .................................................................................................................................................................... 1, MATT ROYER ........................................................................................................................................... 2. TAMMY FOX continued Form 6489 FL(01l15) —-- —---- — - ---- Packet Pg. 1179 rL rr t.) ),r.%..m. Page 2 of 4 ............. ......... .........*...... ....... ..........""........ ........*.............3, 4. L IN 6 SiY'T H 6 MP5051i ... ........*............................ ......... ............ ...... ........ ........... ..............5. TIFFANY BURTON ...........*............. ....... ....................................*......*.........6. DELBERT DUNSMORE ............. ....................I.............................................................................................I......... 7. TARA M VICKREY .......... .............. ........ .........,......... .......*........... ..........8. MAR[EASIMPSON i'N'�'l��R'R' *S,H*'0'*W'...A,L*T,*E'R'*.................. ..*........... ...... .... . .... ...... ..... .........................................9. ",................. ......*................ ................. ...... ............... ........... ......10.HUGH J SMITH ''*.......... ............. ...................*........... .......... .............*........... ......11.SARA E BENTLEY 12, "*'*"*"'**........i...............",..................... .................*......... ...... ........ .........13.MARIA RODRIGUEZ E 14.AMBER MURPHY 1 '...*.............. ............ ...... ........... ................... ......................*...... ...................I.......I........ ................................ ................................ .............................................. ............. 5.LAUREN MOON E Auto coverage schedule c U 2014 Ford ECOROXIUb Wgn ActualCashValue (plus$0.00 Permanently Attached Equip) o0 1 0 VIN! 1FTNE2EW4EDA90169 Garaging Zip Code: 33050 Radius: 100 M Liability Liability . PIP... .. ................... ........... .............. ....... Premium $3,517. ........$83...................................................... U) LL Comp comp Collision Collision A C14 Physical Damage Deductible Premium Deductible Premium Auto Total a C14 Premium ............. ....... ................... ...... ............. ....... ............ Q4 2. 2015 Miss WV 200 2.50v Stated Amount: . *$22,100(including Permanently Attached Equip) VIN: 3N6CMOKNOFK718821 Garaging Zip Code: 33040 Radius: 50 0 E Liabilityuabllfty............T..............................................................................................................V/W � ,.-. .-' -z' a PM E Premium $2,865 $69 r) y el) Comp comp Collision Collision pg-- Physical Damage Deductible Premium Deductible Premium Lo Premium Z.; 'i2"5'0....*..........$'1"5'5"' '2,5-0,....... ......$'3"9'4'........ ............ ......... ......... ........... 33 U 3. 2005 Ford Econo/Club Wgn Actual Cash Value (plus$0.00 Permanently Attached Equip) VIN: 1FMRE11WX5HA98430 Garaging Zip Code: 33040 Radius: SO Liability Liability............PI ...................... ......... ........I..................I......... ............. ........ 0, Premium $2,389 $68 Comp Collision Collision Physical Damage Deduc tible Premium DeduLaible Premium Auto Total ...... '$-8-8......... —$-2'S $ ''0....... ......*9,:6....... .......... ............ ........ .............................$*'2.64'**,,*1- Premium i2-5-0 Continued Form 6489 IF L(a 1/15) Packet Pg. 1180 Policy number: 06456454-7 FL KEYS S.P.C.A. Page 3 of 4 4. 2006 Ford EconoXlub Wgn Actual Cash Value (plus$0,00 Permanently Attached Equip) VIN: 1FTNS24W76DA,11489 Garaging Zip Code: 33050 Radius: 100 Liability Liability.... ......'PIP ........................... .......... ......................... ...............................1-1s: Premium $2,856 $83 COMP Comp Collision Collision Physical Damage Deductible Premium Deductible Premium Auto Total Premium .............i96............. ................ ............... ........ ....... ........... 5. 2018 Chevrolet Upress G2300 Stated Amount: "$25,000(including Permanently Attached Equip) VIN: IGCWGAFG4JI904199 Garaging Zip Code: 33040 Radius: 50 E 'a Liability Liability PIP -w? ...................... .................................... ............. ......... ............................................. .................. ....... Premium $2,847 $68 E Camp Camp Collision Collision Physical Damage Deductible Premium Deductible Premium Auto Total Premium .$2.5.................1..7..0 $ 7. ...........$.25.0.............$ 8.............I................................................................ .......$1 3,650 0 U *A vehicle's stated amount should indicate its current retail value,including any special or permanently attached equipment. In the event of a total loss,the maximum amount payable is the lesser of the Stated Amount or Actual Cash Value,less deductible. Be sure CL U) to check stated amount at every renewal in order to receive the best value from your Progressive Commercial Auto policy. Premium discounts C44 Policy C14 ..................................I......I................................................................................................................................... LO 06456454-7 Business Experience and Paid In Full Vehicle ........................I........... ................................................................... ...................................... ...................... ...... C44 2014 Ford Econo/Club Wgn Anti-Lock Brakes and Air Bag 2015 M55 NV 200 2.5s/Sv Air Bag E 2005 Ford Econo/Club Wgn Anti-Lock Brakes and Air Bag 2006 Ford Econo/Club Wgn Anti-Lock Brakes and Air Bag 2018 Chevrolet Express G2500 Anti-Lock Brakes and Air Bag E Additional) Insured information LO .......... ............. ............... .... ................................................... I Additional Insured MC BOARD COUNTY COM.................. a) 1100 51MONTON 5 KEY WEST,FL 33040 E Agent signatuve W..C?.j� continued Form 6499 FL(01115) Packet Pg. 1181 C.27.d Policy number: 06456454-7 FL KEYS SAC.A, Page 4 of 4 company officers Secretary E E e° LL � W A 8 —v - C04 m LO o C a.a O S O N O d O a C � d E U a.a a.a Form 6489 FL(01115) Packet Pg. 1182 C.27.t NGM Insurance Company 4601 Touchton Rd East Ste 3400 Report of Execution - Renewal P.O.Box 16000 Jacksonville,FL 322454000 Agency Code: 09-0236 Bond Number: F-271572-N Bond Effective Date: '202019 Atlantic-Pacific Ins Bond Expiration Date: ' 6/26/2020 11382 Prosperity Farms Rd#123 Type of Renewal: Continuous Palm Beach Gardens,FL33410 Principal: Obligee: Florida Keys SPCA Inc 5711 College Rd m Key West,FL 33040 E U Type of Bond Classiflcation Penalty Premium Insuring Agreement 1,Blanket Emp cc Fid Non-profit Orgnlall Other $100,000 $0 Dishonesty Per Loss Endorsement Include Agents and Non-Employees $258 U) TOTAL PREMIU $258 W \� \ Description: AV� n , v 04 �Ya5 rib+ t'G.r Remarks: \ Call P Include Volunteer Workers m Additional Principals: Additional Obligees: E 'W 6 Eti�t �ds+�ics�s: I ►.�. 5 = l'/ Inr�mrA - m Z� 5 APR 29 2019 Attorney: Other: By SYSTEM PBl9 Packet Pg. 1183 C.27.e CKevin Madok, CPA Clerk of the Circuit Court& Com troller— Monroe Count Florida Y1 DATE: October 25, 2018 TO: Tina LoSacco, Sr. Technician FROM: Pamela G. Hancock, Deputy Clerk SUBJECT: August 15'BOCC Meeting Attached is an electronic copy of Item P5, Fourth Amendment to the Contract with Florida Keys Society for the Prevention of Cruelty to Animals, Inc. (FKSPCA) to add up to a� $196,696.00/year to the Lower Keys animal control contract to proxride funding for increased 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. CL co T- CD LO T- co CD cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 1184 C.27.e FOURTH AMENDMENT TO AMENDED AND RESTATED CONTRACT (Operation of the Key West Animal Shelter) THIS FOURTH TO AMENDMENT TO AMENDED AND RESTATED CONTRACT is entered into this 151h day of August, 2018, between Monroe County Board of County Commissioners ("County"), and the Florida Keys Society for Prevention of Cruelty to Animals, Inc., a Florida not-for-profit corporation ("FKSPCA" or "Contractor"), in order to amend the Amended and Restated Agreement entered into on May 1,2014,("Agreement"), and as amended on April 20,2016,November 22,2016,May 17,2017,and May 16,2018;and WHEREAS,the parties entered into an Amended and Restated Contract,on May 1,2014, for the FKSPCA to provide long-term animal control services and enforcement and to build a new Key West animal shelter pursuant to the provisions of Fla. Stat. Sec.287.05712;and WHEREAS, on April 20, 2016, the parties entered into a First Amendment to the Amended and Restated Contract, which provided for a CPI adjustment, revised Paragraph 4 of the agreement with regard to the date for the request for CPI adjustments, and revised Paragraph 9 as to certain insurance requirements; and WHEREAS, the parties entered into an Addendum to the Amended and Restated Contract on November 22,2016;and co WHEREAS, on May 17, 2017, the parties entered into the Second Amendment to the T_ Amended and Restated Contract,which provided for the annual CPI adjustment;and LO T_ co WHEREAS, on May 16, 2018, the parties entered into the Third Amendment to the Amended and Restated Contract,which provided for the annual CPI adjustment;and E WHEREAS, the new Key West Animal Shelter Facility ("Facility") is completed and a E Certificate of Occupancy will be issued forthwith, and the increased size of the new Facility and capacity for more animals, will cause an increase in cost directly related to operation of the new Facility, and WHEREAS, the Amended and Restated Contract provided that upon completion of the new Facility,the County would increase compensation to the Contractor;.and WHEREAS, the parties agree to enter into this Fourth Amendment to reflect the projected increased costs for operation of the new Facility; and WHEREAS,the County desires to revise the non-discrimination clause to correct certain scrivener's errors and update current revisions pursuant to County ordinances;and NOW, THEREFORE, IN CONSIDERATION of the mutual promises contained herein,the parties hereby agree as follows: ' 1 Packet Pg. 1185 C.27.e 1. The FKSPCA has built a new and improved Key West Facility pursuant to the terms and conditions of the Amended and Restated Contract and seeks to increase its annual payment amount set forth in Paragraph 2 of the Contract. The Contractor expects to have increased costs to include but not limited to, electric, water, sewer, insurance, maintenance,and staff. 2. Paragraph 3.B.of the Amended and Restated Contract provides as follows: "Upon completion of the Facility and issuance of a Certificate of Occupancy (CO), the County in consideration of additional cost directly related to operation of lire ne►v Facility, i.e. increased staffing, utilities, insurance, repairs and maintenance, will increase compensation, in an amount to be detennined, on a reimbursement basis in compliance ivith the provision for payment as set forth in paragraph 2 above. Additionally, repairs that are estimated to cost over E $1,000.00 and are approved by tlhe Director of Public Works, or designee may be paid directly by the County, and shall be in addition to the total compensation amount set forth in paragraph 2." U 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 CL for certain services,are as follows: CO A. The current electric utility costs allowable are up to Twelve Thousand, Seven T- Hundred Fifty-six and 00/100 ($12,756.00) Dollars per year as part of its normal LO current stipend. The projected maximum allowable annual amount, which are CO CO CD documented and exceed the current amount, will be up to Forty-seven Thousand Two Hundred Forty-four and 00/100($47,244.00)Dollars. B. The current water utility costs allowable are up to Four Thousand Two Hundred Thirty-six and 00/100 ($4,236.00) Dollars per year as part of its normal current E stipend. The projected maximum allowable annual amount, which are documented and exceed the current amount, will be up to Two Thousand Sixty- four and 00/100($2,064.00)Dollars. C. The current sewer utility costs allowable are up to Six Thousand Six Hundred E Twelve and 00/100 ($6,612.00) Dollars per year as part of its normal current stipend. The projected maximum allowable annual amount, which are documented and exceed the current amount, will be up to Three Thousand Two Hundred Eighty-eight and 00/100($3,288.00) Dollars. D. The current insurance costs allowable are up to Fourteen Thousand and 00/100 ($14,000.00) Dollars per year as part of its normal current stipend. The projected maximum allowable annual amount, which are documented and exceed the current amount, will be up to Fifty-two Thousand and 00/100 ($52,000.00) Dollars. E. The current costs for maintenance agreements for HVAC,elevator, generator, fire sprinklers, fire alarms, roofing, irrigation, telephone,janitorial services in public areas, and other similar items will also be increased at the new Facility. The projected maximum allowable annual amount, which are documented and exceed 2 Packet Pg. 1186 C.27.e the current amount, will be up to Fifty Thousand One Hundred and 00/100 ($50,100.00)Dollars. F. The current staffing required for the new Facility will increase due to the increased square footage and the required cleaning procedures, in addition to the increased capacity of housed animals and the additional care that will be required. The projected maximum allowable annual amount, which is documented, will be up to Forty-two Thousand and 00100 ($42,000.00) Dollars, which includes salary and benefits,for one additional full-time employee. 4. Paragraph 2 of the Amended and Restated Contract, as thereafter amended, is amended to read as follows: 2. AMOUNT_OF AGREEMENT/AVAILABILITY OF FUNDS; The County, in consideration of the Contractor substantially and satisfactorily E performing and carrying out the duties of the County as to providing animal control services and enforcement of laws related to animals in Monroe County, Florida,shall pay to the Contractor a not to exceed of venHundred Thirty-seven Thousand Three Hundred Eleven an 11/100 ($737,311:11) Dollars per year on a U reimbursement basis equal to 1112 oif°this_ sty-one Thousand Four Hundred Forty-two and 59/100 ($61,442.59) Dollars per month, subject to the specific limitations as delineated in paragraph 3 of this Fourth Amendment as to the line item expenses set forth herein. If a reimbursement request is less than the per co month reimbursement amount of$61,442.59, the unused balance will be rolled over and available for future reimbursement request. LO co The remaining provisions of Paragraph 2 shall remain unchanged. 5. The "All Risk Property Insurance" provision of Paragraph 9 of the Amended and Restated Contract, as thereafter amended, is amended to add the following as additional language and said provision is amended to read as follows: All Risk 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 this Fourth Amendment and every five (5) years thereafter to determine the current "replacement cost value" of the CONTRACTOR'S improvements and betterments, fixtures, furnishings, equipment and any other property belonging to CONTRACTOR, and provide the appropriate insurance based on the replacement cost value provided in such appraisal. 3 Packet Pg. 1187 C.27.e 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 nondiscrimination. This include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of E race,color or national origin;2)Title IX of the Education Amendment of 1972,as amended(20 USC ss. 1681-1683,and 1685-1686),which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s.794), which prohibits discrimination on the basis of handicaps;4)The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on co W the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and AlcoholismCD Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, T- co CD relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and E 290ee-3),as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)Title VIII of Civil Rights Act of 1968(42 USC s.et seq.),as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination of the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,or the subject matter of, this Agreement. 7. The provisions of this Fourth Amendment to the Amended and Restated Contract shall become effective as of October 1,2018, or upon the issuance of a Certificate of Occupancy by the City of Key West to the Contractor,if such Certificate has not been issued as of October 1, 2018, and continue thereafter until revised by the parties hereto. 4 Packet Pg. 1188 C.2Ze 8. In all respects, the remaining terms of the Agreement entered unto on May 1, 2014, and as amended on April 20, 2016, November 22, 2016, May 17, 2017, and May 16, 2018, not inconsistent herewith,shall remain in full force and effect. c�® 1I ESS WHEREOF, the parties have hereunto set their hands and seal, the day ads e ritten above. BOARD OF COUNTY COMMISSIONERS rust., MADOK,CLERK OF MONROE FL DA IN f J b yi By." By: E Deputy Clerk Mayor Date: ► !S zo i S Date: S ° 0 CL LO co - ifiesses foOCONTRACTOR: CONTRACTOR: T- �` c, THE FLORID SSOCIET FOR LO a THE PRE N I N OF CRUE TO co CD is AN LS :L t JZ/ i ture o ig lure of person authorized D e E t I gaily bind Corporation eame Dat Print Name Title U A dress:�a 7s�v L&.:ae (,Czj Signatu e Print Name Date Telephone Number irq�? GABRIELLA WEST MO. OE COUNTY ATTORNEY'S OFFICE MY COMMISSION#GG 209257 PPFVFP AS TO FQR EXPIRES:April 19,2022 47 '•FOF F�,R•' Bonded Thru Notary Public Underwriters OR(=EABLES- 5 ASSISTANT OU A RNEY� Packet Pg. 1189 C.27.e RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADM ffSTRATION MANUAL General Insurance Requirements for Animal Control Contracts As a pre=requisite of the work governed, or the goods supplied under this contract(including the pre- staging of personnel and material),the Contractor shall obtain, at his/her own expense,insurance as specified in any attached schedules,which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative,the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract(including pre- staging of personnel and material)until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. CL 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 inco the completion of work resulting from the failure of the Contractor to maintain the required insurance T_ CD shall not extend deadlines specified in this contract and any penalties and failure to perform assessments LO shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain T_ co the required insurance. The Contractor shall provide,to the County, as satisfactory evidence of the required insurance, either: E • Certificate of Insurance or A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material J E change, or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the County by the insurer. The acceptance and/or approval ofthe Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners,.its employees and officials will be included as "Additional Insured"on all policies, except for Workers'Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. EXHIBIT"B" PAGE 1 - Packet Pg. 1190 C.27.e ANIMAL CONTROL ERRORS AND OMISSIONS LIABILITY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT BETWEEN MONROE COUNTY,FLORIDA AND Prior to the commencement of work govemed by this contract,the Contractor shall obtain Animal Control Errors and Omissions Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • False Arrest,Detention or Imprisonment • Malicious Prosecution • Wrongful Entry and Eviction • Assault and Battery o • First Aid E&O • False or Improper Service of Process CL • Violation of Property Rights • Violation of Civil Rightsco T- CD The minimum limits acceptable shall be: LO T- co $1,000,000 Combined Single Limits(CSL) An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy,its provisions should include coverage for claims filed on or after the effective date of this contract. In addition,the period for which W claims may be reported should extend for a minimum of twelve(12)months following the termination of the contract. The policy shall not exclude claims or have coverage limitations relating to occurrences caused by or related to animals. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. ANIMALE&O PAGE 2 Packet Pg. 1191 C.27.e EMPLOYEE DISHONESTY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT BETWEEN MONROE COUNTY,FLORIDA AND The Contractor shall purchase and maintain, throughout the term of the contract, Employee Dishonesty E Insurance which will pay for losses to County property or money caused by the fraudulent or dishonest acts of the Contractor's employees or its agents, whether acting alone or in collusion of others. E The minimum limits shall be: J $100,000 per Occurrence CL c, co CD cv LO T- co CD ED2 PAGE 3 Packet Pg. 1192 C.27.e GENERAL LIABILITY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT BETWEEN MONROE COUNTY,FLORIDA AND Prior to the commencement of work governed by this contract,the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $1,000,000 Combined Single Limit(CSL) CL If split limits are provided,the minimum limits acceptable shall be: co .� $ 500,000 per Person $1,000,000 per Occurrence LO $ 100,000 Property Damage co co CD An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve(12) months following the termination of the contract. The policy shall not exclude claims or have coverage limitations relating to occurrences caused by or related to animals. The Monroe County Board of County Commissioners shall be named as Additional Insured on all E policies issued to satisfy the above requirements. GLAnimals PAGE 4 Packet Pg. 1193 C.27.e VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT BETWEEN MONROE COUNTY,FLORIDA AND Prior to the Organization taking possession of the vehicles governed by this agreement, the Organization shall purchase Vehicle Liability Insurance and Auto Physical Damage Insurance. Coverage shall be maintained throughout the life of the Agreement and include, as a minimum, liability coverage for: • Owned,Non-Owned, and Hired Vehicles • Physical Damage Protection The minimum limits acceptable shall be: $1,000,000 Combined Single Limit(CSL) ACV for Physical Damage CL The Monroe County Board of County Commissioners shall be named as Additional Insured on all �-- policies issued to satisfy the above requirements. In addition,the Monroe County Board of County co Commissioners shall be named as"Loss Payee'with respect to the physical damage protection. LO T_ co VL1 PAGE 5 Packet Pg. 1194 C.27.e WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR ANIMAL CONTROL CONTRACT BETWEEN MONROE COUNTY,FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers'Liability Insurance with limits of not less than: E $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 the contract. U 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 CL AM.Best Company. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, co W the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, LO providing details on the Contractor's Excess Insurance Program. co CD If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition,the Contractor may be required to submit updated financial statements from the fund upon request from the County. WC1 PAGE 6 - Packet Pg. 1195 C.27.e ALL RISK PROPERTY INSURANCE REQUIREMENTS FOR ANIMAL CONTROL SHELTERS/ COUNTY-OWNED PROPERTY BETWEEN MONROE COUNTY,FLORIDA AND Prior to the Organization/Individual taking possession of the property governed by this lease/rental agreement,the Organization/Individual shall obtain All Risk Property Insurance(to include the perils of Flood and Wind)with limits no less than the Replacement Cost Value of the property leased or rented. Coverage shall be maintained throughout the life of the Lease/Rental Agreement and include, as a. minimum, liability coverage for: Fire Lightning Vandalism Sprinkler Leakage Sinkhole Collapse Falling Objects Windstorm Smoke Explosion Civil Commotion Aircraft and Vehicle Damage Flood The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss Payee on all policies issued to satisfy the above requirements. CD co N LO co CD PAGE 7 Packet Pg. 1196 C.27.e MONROE COUNTY,FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless for Animal Control Contracts The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury(including death), personal injury, and property damage(including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees)which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s)in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Contractor or its Subcontractors in any tier,their employees, or agents. In the event the completion of the project(to include the work of others)is delayed or suspended as a result ofthe Contractor's failure to purchase or maintain the required insurance,the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The extent of liability is in no way limited to,reduced, or lessened by the insurance requirements CL contained elsewhere within this agreement. co CD LO T- co CD TCS PAGE 8 - Packet Pg. 1197 C.27.e 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 standard insurance requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney,the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: e • The County as being named as an Additional Insured-If a letter from the Insurance Company(not the Agent)is presented, stating that they are unable or unwilling to name the c U County as an Additional Insured,Risk Management has been granted the authority to waive this provision. CL andCD -- co • The Indemnification and Hold Harmless provisions LO co CD Waiving of insurance provisions could expose the CoupV to economic loses For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is 0) desired, a Request for Waiver of Insurance Requirements form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved,the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny the Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision making authority. PAGE 9 Packet Pg. 1198 C.27.e MONROE COUNTY,FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements,as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. Contractor: Contract for: r�. Address of Contractor: m Phone: Scope of Work: co Reason for Waiver: cv LO T- co Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Management Date County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: PAGE 10 --- Packet Pg. 1199 C.27.e FLOR-46 ,acoRO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/06/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER 305-294-7696 CONTACT NAME: Atlantic Pacific-Key West PHONE 305-294-7696 FAX 305-294-7383 1010 Kennedy Dr,Suite 203 (A/C,No,Ext): (A/C,No): Key West,FL 33040 ADDRIESs:chernandez@apins.com Christine Y.Hernandez INSURERS AFFORDING COVERAGE NAIC# INSURER A:Mt. Hawley Insurance Co. 37974 INSURED Florida Keys S.P.C.A. INSURER B 5230 College Rd Key West,FL 33040 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS ¢° ITR U A X COMMERCIAL GENERAL LIABILITY 1,000,000 EACH OCCURRENCE $ CLAIMS-MADE OCCUR OPC0001177 11/29/2016 10/01/2018 DAMAGETORENTED Y SES Ea occurrence) $ O X Owner/Cont Prot. MED EXP(Any oneperson) $ PERSONAL&ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000CL POLICY❑FAGOT- LOC PRODUCTS-COMP/OPAGG $ OTHER: S u_ AUTOMOBILE LIABILITY COMBINED e aaa EDtSINGLE LIMIT $ r ANY AUTO BODILY INJURY Perperson) $ CD OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ to H RED NON-OWNED ISK AGE PROPERTY AMAGE 00 AUTOS ONLY AUTOS ONLY AP Per accdent $ 00 r& S ¢ UMBRELLA LIAB OCCUR BY EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE DATE HAGGREGATE $ DED RETENTION$ vlzlf:u� $ WORKERS COMPENSATION PER U OR AND EMPLOYERS'LIABILITY OFFICER/MEMBER EXCLUDEDYIN ANY ? N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S U DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) re:5711 College Rd, Key West,FL 33040-Monroe County Board of County Commissioners CERTIFICATE HOLDER CANCELLATION MCBCCOM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ty ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West,FL 33040 ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1200 C.27.e OP ID:CH AC®RO® CERTIFICATE OF PROPERTY INSURANCE FD 0TE 910606//2018Y) 018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. PRODUCER CONTACT NAME: Atlantic Pacific-Key West a/c°Ne EXt:306-294-7696 Alc No):305-294-7383 1010 Kennedy Dr,Suite 203 E-MAIL chernandez@apins.com Key West,FL 33040 ADDRESS: Richard Horan PRODER FLOR-46 C STOMUCER ID: INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA,Lloyd's of London Florida Keys S.P.C.A. Citizens Insurance Company 5230 College Rd INSURER B: Key West,FL 33040 INSURER C:Florida Family Insurance INSURER D: INSURER E: INSURER F: h COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: LOCATION OF PREMISES/DESCRIPTION OF PROPERTY(Attach ACORD 101,Additional Remarks Schedule,if more space is required) 5230 College Rd Key West, FL 33040 Monroe County§oard of County Commissioners are listed as additional insured THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ¢ CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS LTR DATE(MM/DD/YYYY) DATE(MM/DDNYYY) O A X PROPERTY LOL013196 07/12/2018 07/12/2019 Y BUILDING S 120,000 CAUSES OF LOSS DEDUCTIBLES Y PERSONAL PROPERTY S 26,000 (, BASIC BUILDING 1,000 00023680 07/03/2018 07/03/2019 BUSINESS INCOME $ BROAD CONTENTS EXTRA EXPENSE $ X SPECIAL 1,000 RENTALVALUE $ W EARTHQUAKE BLANKET BUILDING $ CD r B X WIND 4,140 00023680 07/03/2018 07/03/2019 BLANKET PERS PROP $ cV to FLOOD BLANKET BLDG&PP $ r Y Wind-Bldg $ 138,000 APP Y Wind-Cts $ 21,000 INLAND MARINE TYPE OF POLICY ` $ E CAUSES OF LOSS BY $ NAMED PERILS POLICY NUMBER DATE, $ $ CRIME $ TYPE OF POLICY $ $ BOILER&MACHINERY/ B Wind-Bldg-Cat $ 32,000 EQUIPMENT BREAKDOWN B Wind-Bldg-Dog $ 32,000 Flood 09115047766408 07/01/2018 07/01/2019 Y Flood-Bldg $ 100,300 cu C Y Flood-Contents $ 21,000 SPECIAL CONDITIONS/OTHER COVERAGES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) (C)-Flood-Cat shelter Bldg-$25,000;Cts-$5,000 Policy#1068818467$1600 ded. (C)-Flood-Dog Shelter Bldg-$25,000;Cts-$5,000 Policy#1068818468$1600 ded. (B)-Wind-Cat+Dog Shelters each Bldg-$32,000;each Cts-$5,000$1,000 ded.each CERTIFICATE HOLDER CANCELLATION MCBCCOM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West, FL 33040 ekza_��� ACORD 24(2016/03) ©1995-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1201 C.27.e FLOR-46 '4coRoa CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 09/06/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER 306-294-7696 CONTACT NAME: Atlantic Pacific-Key West PHONE 305-294-7696 FAX 306-294-7383 1010 Kennedy Dr,Suite 203 (A/C,No,Ext): (A/C.No): Key West,FL 33040 AI,,R1ESs:dhernandez@apins.com Christine Y.Hernandez INSURERS AFFORDING COVERAGE NAIC# INSURERA:Penn-America Insurance Co 32869 INSURED Florida Keys S.P.C.A. INSURER B:Progressive Express 10193 5230 College Rd Evanston Insurance Co. 35378 Key West,FL 33040 INSURER C INSURER D:Old Dominion Insurance Co. 40231 INSURER E: 11150 h INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS ¢' ITR U A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR PAV0161601 07/01/2018 07/01/2019 DAMAGES( RENTED 300 00U Y PREMISES a oc $cu e ce O MED EXP(Any one erson $ 6,000 Ca PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 CL ❑X LOC PRODUCTS-COMP/OPAGG $ included POLICY❑JE� OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident) $ 00 ANY AUTO Y 06456454-6 06/30/2018 06/30/2019 BODILY INJURY Perperson) $ CD CD OWNED SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY Per accident $ to HIRED NON-OWNED PROPERTY AMAGE r" AUTOS ONLY AUTOS ONLY Per accident $ 00 CD UMBRELLA LIAB OCCUR V Y RI EACH OCCURRENCE $ � EXCESS LIAB CLAIMS-MADE c @ AGGREGATE $ DED RETENTION$ BY $ WORKERS COMPENSATION �(� PER OTH- AND EMPLOYERS'LIABILITY Es. T E ER E AN ANY PROPRIETOR/PARTNER/EXECUTIVE YIN WEfl N/ E.L.EACH ACCIDENT $ (OFFICE MandaRIMEMBER EXCLUDED? N 1 A (Mandatory In NH) 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 31,837 D Bond F271572 06/26/2018 06/26/2019 Empl Dis. 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) (1Arch Insurance-Directors 8r Officers-$1,000,000 $5,000 retention 18-7/1/19 CERTIFICATE HOLDER CANCELLATION MCBCCOM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board Of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ty ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West, FL 33040 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1202 C.27.e AC CERTIFICATE OF LIABILITY INSURANCE DATE(MMND/YYYif) �✓ 10/12/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS::NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND.OR.ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certficate holder.is an ADDITIONAL INSURED,the policy(ieS)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate.does not confer rights to the certificate holder in Iieu.of such endorsement(s).. PRODUCER / y y� C NTACT - SUNZ Insurance Solutions,LLC: ID: K mberi NAME: Phil Martina Ill Kymberiy Group Payroll Solutions, Inc. PHONE FAY 3218 E.Colonial Drive; Ste F 407-228-6428 AIC l Orlando, FL 32803 ADDRESS: -INSURERS AFFORDING COVERAGE - NAIC0 INSURERA: SUNZ Insurance Corn.pany 34762 INSURED INSURER B: Kyymberly Group Payroll Solutions, Inc. 3218 E Colonial Drive INS URERC: Suite F INSURERD: Orlando FL 32803 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:44873e06 REVISION NUMBER: THIS IS TO CERTIFY THAT,THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS Q 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.LIMIT$SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,. INSR - ADDLSUBR POLICYEFF POLICYEXP LTR TYPE OF INSURANCE POLICYNUMBER 1MMl (MAVDDrfYYYILIMITS cu COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR OAMMI S(RENTED PREMISES Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEML AGGREGATE LIMIT APPLIESPER GENERAL AGGREGATE S POLICY JECT LOC AF.P V Y RIS E T PRODUCTS-COMP/OPAGG S OTHER $ W AUTOMOBILELIABILITY COMBINED SINGLE LIMIT $ r Ea accident ANY AUTO BODILY INJURY(Per person) S CV OWNED .. SCHEDULED WAIVI:A �}/ YES BODILY INJURY 5 o AUTOS ONLY AUTOS ( ) HIRED NON-OWNED �5� PROPERTY DAMAGE CD AUTOS ONLY AUTOS ONLY Par acddent UMBRELLA LIABH Q OCCUR EACH OCCURRENCE $ EXCESS L1A6 CLAIMS MADE AGGREGATE S DED RETENTIONS $ Q o FC DhtPEN 073'° WC010-00001-018 3/1/2018 3/1/2019 PER OTH- �D",EMFL'OYERSgWABlL' r. :... /'N ✓ STATUTE ER -•aer ANYPROPRIETOR/PARTNER/EXECUTN Etl», •H:ACEIDE ,i,.`.. 1.DO0000 OFFICERlMEMBEREXCLUDED? N/A — T ¢ (Mandatory to NH) E DISEASE EgEM YE $ ,. If.yes,'descnbe under , DESCRIPTION OF OPERATIONS belowelf ,IS SEc-POLI.GYa-walT.1$i1,000 0I),' U DESCRIPTION 00 OPERAT16NS I LOCATIONS/VEHICLES(ACORD 101,Additional.Remarks Schedule,may be attached If more space Is required) Coverage provided for all leased.employees but not subcontractors of:Florida Keys Society for the prevention of Cruelty to Animals,Inc Client Effective:6/3012014_ Reference site:.Monroe County BOCC CERTIFICATE HOLDER CANCELLATION 1.123 Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED,BEFORE tY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED_ IN 1100 SimOnton St. ACCORDANCE WITH THE POLICY PROVISIONS. Key West FL 33040 AUTHORED REPRESENTATIVE Glen J Distefano. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26(2016103). The ACORD name and logo are registered marks of ACORD 44873606 I-Hymberly Group Payroll PEO 010 MASTER CERT I Phil Martina 1 10/12/2018 12;22:30 PM (CDT) I Page 1 of 1 Packet Pg. 1203 C.27.e FLOR-46 CERTIFICATE OF LIABILITY INSURANCE DAT1001Y 1 0=1251Z01 8 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERISI, AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policyiies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION iS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certficate does not confer rights to the certificate holder In Ileu of such endorsements. PRODUCER 305-294-7696 kwCT Atlantic Pacific-Key West NE 305-294.7696 F 305-294-7383 1010 Kennedy Dr,Suite 203 cNo,Ern: No Key West,FL 33040 MS.,cnemanciezgapins.com Christine Y.Hernandez o INSURER A:MtHawle Insurance Co. 37974 INSURED Florida Keys S.P.C.A. INSURER B: 5230 College Rd Key West,FL 33040 INSURERc' WSURt3t D: _ INSURER E• t" INSURER F: NUMBER,COVERAGES "BI]EIrcall V I N NUMBER; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR,CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, O EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF WOURANCE POLICY NUMBER FOLA EFF P EXP LIMITS ¢ U X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 ' CLAIMS-MADE OCCUR y OPCOOD1177 1112912016 11101/2018 M.G@TO RENTED S X Owner/Copt Prot. W, O PERSONAL L ADV INJJRY S G NI AGGREGATE LIMIT APPLIES PER GENERAL AGGRFrYATF S 4,000,000CL POLICY❑j LOC LLLinS_ P OTHER U— AUTOMOBILE LLABUTY r MSINEI)SINGLE LIMIT ANY AUTO Y F'i�T1?9!.�f:F2!? ECD OWNED SCHEDULED tV AUTOS ONLY AUUoTTµOOoSW�y�I�p BODILY INJURY Pw wid$ctl S 1 AUTOS ONLY AUTOS ONLY t eOeEUR 1nDAMAGE S oo oo UMBRELLA LIAR _ OCCUR EACYi OCCURRENCE S EXCESS LIAB CLAIMS-MADE 8 I$ V AGGREGATE S yy� OOEED o �REET/ENTTIIONS N' AND EMPLOYE'LIASILITY FFRGTE OTH. E ANY PROPRIETORIPAR I EKCLUDDEDDI EVE NIA a=- E L.EACH ACGIDCNT f U ae�destribe urn Ider WNM Y . E.L.N-'FASF,.EA EMP OYFE S ¢ DESCRIPTION OF OPERATIONS l,- E L ._,eAZ.P5LICY LIMIT U DESCRIPTION OF OPERATIONS I LOCATIONS I VEHCLES(ACORD 101,Addltlariat Remarks Schedlde,may be attached r more apace Is required) re:5711 College Rd,Key West,FL 33040-Monroe County Board of County < Commissioners ERTIFICATE HOLDER CANCELLATION MCBCCOM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton Street AUTHORIZEDREPRE9ENTATNE Key West,FL 33M (� ACORD 25(2016103) (D1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1204 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 Clerk SUBJECT: May 16' BOCC Meeting a� Attached is an electronic copy of the following Items, for your handling: m 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 2 May 1, 2018. The agreement amount will increase to $434,435.50/year or$36,202.96/month. 0 U 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 c- U) of 2.1% effective May 1, 2018. The agreement amount will increase to$540,615.12/year or $45,051.26/month. co T- CD cv Should you have any questions,please feel free to contact me at ext. 3130. Thank you. n r9 cc: County Attorney_ Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 1205 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 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 0 WHEREAS, the FKSPCA has timely requested a CPI adjustment as allowed under the Agreement; and NOW, THEREFORE, IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: co co CD 1. In accordance with Paragraph 4, RENEWAL, the contract amount is hereby adjusted byLO CD 2.1% CPI for all urban consumers (CPI-U) for the most recent twelve (12) months ending on December 31, 2017. Effective May 1, 2018, the total compensation paid to the 0) Contractor for its services under this Agreement shall be Five Hundred Forty Thousand Six Hundred Fifteen and 11/100 ($540,615.11) Dollars per annum or Forty-five W Thousand Fifty-one and 26/100 ($45,051.26) Dollars per month. 2. In all other respects, the remaining terms of the Agreement entered into on May 1, 2014, as amended, not inconsistent herewith, shall remain in full force and effect. 0) [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. 1206 A C.27.f, 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 1' 4 OF MONROE , F IDA RC�uNTv 0.t�i By: �4,2 By: Deputy Clerk Mayor/Chairman Date: E CONTRACTOR: U Wi ss Signature THE FLORIDA KEYS SOCIETY FOR THE PREVENTION OF CRUELTY TO Pri ame Date ANIMALS, INC. �itr es ig ature By: W G ZU 18 Director/Treasurer co Print Name Date 04 Date: LO Address: 23 E v ' c a v� E U = nr MONROE COUNTY ATTORNEY'S OFFICE Z:zf � /) PPROVED AS-TO FORM PATRICIA EABLES ASSISTANT COUNTY ATTORNEY DATE: ( —A Page 2 of 2 THIRD AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) Packet Pg. 1207 C.27.g 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 Attached is a duplicate original, ol'each oi'the below, for your handling: E C34 Sixth Amendment to the Assigned Agreement with The Florida Keys Society for Prevention of Cruelty to Animals, Inc. for operation of the Marathon Animal a Shelter for 2.1%CPI-U adjustment effective July 1,2017. The agreement amount will increase to $254,531.52/year or$21,210.96/month. C35 Second Amendment to the Amended and Restated Agreement with The Florida Keys Society for Prevention of Cruelty to Animals, Inc. for operation of the Key West Animal Shelter reflecting a CPI-U U increase of 2.1%effective May 1, 2017. The agreement amount will increase to$529,495.80/year or $44,124.65/month. CL Should you have any questions, please feel free to contact ine at ext. 3130. Thank you. cv LO cc: County Attonicy j e-mail Finance «'a e-mail E File r cv Packet Pg. 1208 SECOND AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) THIS SECOND AMENDMENT TO AMENDED AND RESTATED AGREEMENT is entered into this 17th day of May, 2017, between Monroe County Board of County Commissioners ("COUNTY"), and The Florida Keys Society for the Prevention of Cruelty to Animals, Inc. ("FKSPCA"), ("Contractor"), in order to amend the Amended and Restated Agreement entered into on May 1, 2014, ("Agreement") as follows; WHEREAS, the parties entered into an Amended and Restated Agreement on May 1, 2014, for the FKSPCA to provide long-term animal control services and enforcement and to build a new Key West animal shelter pursuant to the provisions of F.S. Sec. 287.05712; and WHEREAS, the terms of the agreement provide that the contract amount may be adjusted annually by the percentage change in the Consumer Price Index (CPI) for all urban E consumers (CPI-U) for the most recent twelve (12) months available ending in December of each year ; and WHEREAS, the FKSPCA has timely requested a CPI adjustment as allowed under the Agreement; and CL IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. In accordance with Paragraph 4, RENEWAL, the contract amount is hereby adjusted by LO 2.1% CPI for all urban consumers (CPI-U) for the most recent twelve (12) months ending on December 31, 2016. Effective May 1, 2017, the total compensation paid to the Q t D 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 Fo t5afour Thousand One Hundred Twenty-four and 65/100 ($44,124.65) Dollars per cc at m i. � U O tV lnther respects, the remaining terms of the Agreement entered into on May 1, 2014, o = nc onsistent herewith, shall remain in full force and effect. V_ L '. NESS WHEREOF, the parties have caused these presents to be executed in the t ��,: 1 W CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORID l 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 Packet P 1209 ASSISTANT COUNTY DATE- 5- Z l azu sq Wit ss Signature THE FLORIDA KEYS SOCIETY FOR A,(., 1'7 THE PREVENTIOMOUELTY TO P ' t Name l3a ANIMAL G; \� 1r) _ W'tness Signat e By: -:ACvt4ouk President Print Name Date Date: Address: 3 ZN U 0 CL LO N Page 2 of 2 Packet Pg. 1210 AMY REAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTT,FLORIDA DATE: July 19, 2016 TO: Kevin Wilson Public Works/Engineering FROM.• Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller E At the April 20, 2016 Board of County Commissioner's meeting the Board granted approval and execution of the following Item C23 goa;d-We&A approval of First Amendment to the Amended and Restated Contract with The Florida Keys Society for Prevention of Cruelty to Animals, Inc. (FKSPCA) for operation of the Key West Animal Shelter reflecting a CPI increase of 0.7% effective May 1, 2016. CL N N Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any n questions,please feel free to contact our office. cc: County Attorney Finance File - mr�rr����rrrrr�ri r•�� 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax.305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146 Packet Pg. 1211 • C.27.h FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT (Operation of the Key West Animal Shelter) THIS FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT is entered into this day of rl I , 2016, between Monroe County Board of County Commissioners (COUNTY) and The Florida Keys Society for the Prevention of Cruelty to Animals, Inc. (FKSPCA), (Contractor) in order to amend the agreement entered into on May 1, 2014 as follows; WHEREAS, the parties entered into an Amended and Restated Agreement on May 1, 2014 for the FKSPCA to provide long-term animal control services and enforcement and to build a new Key West animal shelter pursuant to the provisions of F.S. 287.05712; and WHEREAS, the FKSPCA has requested a CPI adjustment as allowed under the agreement; and WHEREAS, for clarification Paragraph 4 is being revised to reflect that the Consumer Price Index (CPI) adjustment shall be calculated using the CPI for the recent 12 months ending in December of each year; and WHEREAS, in order to avoid request for retroactive CPI adjustments, language is being revised in Paragraph 4 of the agreement to require CONTRACTOR to request CPI adjustments no later than January 31; and CL WHEREAS, for clarification of insurance provision relating to payment of deductibles, the Section titled "Insurance Requirements for Contractors and Subcontractor Engaged by the FKSPCA" Under Paragraph 9 shall be amended; and N N WHEREAS, for clarification of insurance provisions relating to builder's risk coverage, the Section titled "Builders Risk Insurance" under paragraph 9 shall be amended; and IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. In accordance with Paragraph 4, RENEWAL the contract amount is hereby adjusted by .7% CPI for all urban consumers (CPI-U) for the most recent 12 months ending on � December 31, 2015. Effective May 1, 2016, the total compensation paid to the Contractor for its services under this agreement shall be $518,605.08 per annum or $43,217.09 per month. 2. Paragraph 4, RENEWAL shall be amended by adding the following: In order to avoid request for retroactive CPI adjustments, language is being revised to the agreement to require CONTRACTOR to request CPI adjustments no later than January 31 of each year for the upcoming contract period of May 1 st. Failure to timely request annual CPI adjustments will result in waiver of the CPI adjustment for that year. 3. The Section titled "Insurance Requirements for Contractors and Subcontractor Engaged by the FKSPCA" Under Paragraph 9 shall be amended by adding the following language: The FKSPCA, its Contractors and Subcontractors will be held 1 Packet Pg. 1212 C.27.h responsible for all deductibles and self-insured retentions that may be contained in the Insurance policies. 4. The Section titled "Builders Risk Insurance" under paragraph 9 shall be amended by adding the follow coverage: Vandalism 5. In all other respects, the remaining terms of the Agreement entered into on May 1, 2014, not inconsistent herewith, shall remain if full force and effect. IN WITNESS WHEREOF, the parties have caused these presents to be executed in the respective names. CLERK BOARD OF COU Y COMMISSIONERS Qs OF MONROE C &Xd5 ?lY) � By' erk Mayor/Cftrirman E Date: 0 Witness Signa ure THE FLORIDA KEYS SOC Y FOR . `V12 ��� THE P EVEN ION O T ELT C Y TO Pr' Name Date ANIAil W' ness Signature By: ��CE �TE2�to� ®c!'3S11b President Print Name Date Date: 0 (gyp Address: S E a_' a -� Q✓ x CD Cn LA- J` w L,j2. 2 Packet Pg. 1213 WIN FLOR46 OP ID: CH ACOR[7►" CERTIFICATE OF LIABILITY INSURANCE o07101ATE 1 20 1 5Y) Ot10112015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. if SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsoment(sl• PRODUCER ON TACT NAME: Atlantic Paciflc.Key West PHOFE 1010 Kennedy Or,Suite 203 (ArC,No ej.3D5-294-7696 ArcNol;_305-294-7383 Key West FL 33040 Al E Richard Poran ss:chernandezeapins.com INSURER(S)AFFORDING COVERAGE I NA,-1 INSURER A:Penn-America Insurance Co 132859 INSURED Florida Keys S.P.C.A. INSURERS:Progressive Express i02962 5230 College Rd INSURER C:Old Dominion Insurance Co. 140231 Key West, FL 33040 I INSURER 0: _ INSURER E: ' r" INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: O 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_ CERTFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. T R TYPE OF INSURANCE SO WV0 POLICY NUMBER MMIDDIYYYY MMADrYYYY ` LIMITS A X `COMMERCIAL GENERAL LIABILITY i 2,000,000 --t—'CLA I,13 LMADE 0<C R X PAV0062413 07101/2015 07/01/2016 cE+Ti v" 5 E3 c-" 300,000 4i� E✓t'�� rty_a� ir6G"j j 5,001 0 2,000,000 F� fFRS iG'.r IJ iIJ�" 1 - .AGGREGATELta''APPUES PER 'c c� +" RE - I 2,000,000 L) LILY P cr .Oc included D- OTHER I Vet Prof. § 1,000,00 , AIJrOMOBILELtABIUTY 1,000,000 �-� Ea xc B ! I �'IY AUTO X 064564547 06130l2015 06l3012016 A_L OVOIE:.: rx 71 G + A,TOS A T"; EGC>Atr I L'Rv iP ^angt i N I ICD H RED A.,T?� A iT�S I f Fear a� d3r,:) CV i UMBRELLA LIAS I I - ( C ,apPiCE EXCESS LIAB .se OED !RETEN-'N WORHERs COMPENSATION ' _ ''v'E I i E u AND EMPLOYERS'LIABILITY ` ArN PRCFRfETGR/PARTtER _",a YIN ,r u =- 'C_ t I S OrFCMR,EMSERE'CL_:CED` ryI. NIA IMandalary In NH} I ' E -c t y I yes descnCe under OESCRI�iIGt!CF OFERAT 5:a zr CJ aaa °'- l; N r C Bond F1710602 06126/2015 06/2612016;;Employee 100,000 ;j Dishonest 0) I DESCRIPTION OF OPERATIONS t LOCATIONS 1 VEHICLES (ACORC 101 Additional RemarNs Schedule,may be attached It more space Is required) U APPQ N N .GENIENT DATE W,A1V R N/A E CC~'kZ� CERTIFICATE HOLDER CANCELLATION MCBCCOM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West, FL 33040 OO 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Packet Pg. 1214 CSR:CH ACOAO DATE(MMIDDIYYM `,,.. EVIDENCE OF PROPERTY INSURANCE 0710 1 1201 5 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AGENCY A1C, E,1.305-294-7696 COMPANY Atlantic Pacific-Key West Lloyd's of London 1010 Kennedy Or,Suite 203 1 Lime St. Key West, FL 33040 London Richard Horan Arc Nc 305-294-7383 ADDRESS CODE: SUB CODE* AGErIGv FLOR46 INSURED LOAN NUMBER POLICY NUMBER 1BOFTL15688 EFFECTIVE DATE EXPRATION DATE Florida Keys S.P.C.A. _ r� 5230 College Rd 07112/15 07112N6 X R Key West, FL 33040 THIS REPLACES PRIOR EMDEPICE DATED PROPERTY INFORMATION LOCATIONIDESCRIPTION 5230 College Rd Animal shelter Key West,FL 33040 O 0 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERMS OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 'HIS (, EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN i5 OL SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDIT ONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS COVERAGE INFORMATION COVERAGEI PERILS f FORMS AMOUNTOFINSURArJCE DEDUCTIBLE to Premise 1 Building 1 r BUILDING XWND 120000 100 tV CONTENTS XWIND 26000 100 PROP IN TRANS XWIND 10000 100 CV THEFT EXCLUDE 5230 COLLEGE Rd-Key West Premise 2 Building 1 BUILDING XWIND 220000 100 0 XTHEFT 21251 OLD State Rd-Cudjoe Key C 0 REMARKS(including Special Conditions li E M�'-la � WAIV R N• �e ' L�� 0 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NO-nCE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS X :> ,a Monroe County Board of County Commissioners AUTHORIZED REPRESENTATIVE 1100 Simonton St �;��� Key West, FL 33040 L.. ACORD 27(2009112) ©1993-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1215 EVIDENCE O PROPERTY INSURANCE ;sATaZ► PROPERTY SCHEDULE 0 710112 01 5 PAGE 2 PROPERTY INFORMATION LOCATIONIDESCRIPTION 21251 Old State Rd 4A Cudjoe Key,FL 33042 Dwelling-single family-no pool PROPERTY INFORMATION L6CATId—NNb9S-C Wr1ON .,. ..,�.....-... _..., _.....».,—.......,-...,,..,..�...-.-a..-,u,.-.n..,..._. .,..dam......«. ,... _.,.,.�.,�-,. .._-.,,.......a......_.-...,.a..._. _ .. „_.�._�, .,,,.......�---»,....,.-...-.._,..�.-__.,,�.,a ,[-� PROPERTY INFORMATION LOCATIONYDESCRIPTION -- I U PROPERTY INFORMATION ,OCATIONIDESCRIPTAN PROPERTY INFORMATION r N PROPERTY INFORMATION E lLOCATIOWDESCRIPTION P' PROPERTY INFORMATION LOCA NYD SCRI��PffON PROPERTYINFORMATION tOCATIONIDESCRIPTION ATTACH TO EVIDENCE OF PROPERTY APPLICATION Packet Pg. 1216 ® DATE(MM=NYYY) .a►COFro► CERTIFICATE OF LIABILITY INSURANCE 316/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed, If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER SUNZ Insurance Solutions LLC. ID: (Kymberly) NAMTA Phil Martina CT c/o Kymberly Group Payroll Solutions, Inc. PHONEFxU 407.228-6428 ac Nd: 3218 E. Colonial Drive, Ste F QUAIL Orlando , FL 32803 ADDRESS: INSURERS AFFORDING COVERAGE NAIL M INSURER A: SUNZ Insurance Company 34762 INSURED INSURER B: Aspen Re-London-Best Rating"A" Kyymberly Group Payroll Solutions, Inc. INsuRERc: Catlin Syndicate-Lloyds-Best Ratin "A" 3218 E Colonial Drive Suite F INSURER D: Brit Syndicate-Lloyds-Best Rating"A" Orlando FL 32803 INSURER E: r� INSURER F COVERAGES CERTIFICATE NUMBER: 23740835 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD -O NDICATED NOTWITHSTANDING ANY REQUIREMENT. rERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE iSSUEO OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR POLICY EFF P Y EXP LIMITS INSR TYPE OF INSURANCE j pOL Y NUMBER MIDD M ¢, COMMERCIAL GENERAL LUIBIUTY EACH OCCURRENCE 0 RENTED CLAIMS-MADE OCCUR PR MI s*=rrenael �y(;M M /`�/�, ! MED EXP' one Person) I S O { I ' DA 7(: x,it, PERSONAL d ADV INJURY is I GENL AGGREGATE LIMIT APPLIES PER, •r 5 (/ - 44��/'/J-1I GENERAL AGGREGATE S __ (, POLICY J a LOC I " T f L[�I CL PRODUCTS AGG s JECT OTHER. { I S AUTOMOBILE LIABILITY M IN i L LIMir S ..... I LEe eCGtlMt) ANY AUTO j BODILY INJURY(Pe(person) S LO ~�I ALL OWNED f SCHEDULED I hBODILY INJURY(Per acr:denl)i$ AUTOS AUTOS C44 I_- NO N-0WNED i PeOPE�RQ Y+DAMAGE 1 S F---� HIRED AUTOS AUTOS l S UMBRELLALIA13 i :OCCUR ' ' EACH OCCURRENCE —`$ ¢, L� i i EXCESS LIAR 17 CLAIMS-MA DE AGGREGATE !S Oy DEG RETENTION S s A WORKERS COMPENSATION VVCPE0000015203 3/1/2015 3111201E T" , 'a AND EMPLOYERS'LIABILITY YIN i I ,/ STATUTE I ER i � ANY PROPRIETORiPARTNER�EXECUTn.VI �` IIIII E L.EACH ACCIDENT _ j 5 1,000•000 OFF, CERMEMBER EXCLUDED? N(A (Mandatory In NH) ii E L.DISEASE-EA EMPLOYEE 1 S 1,000.000 It yes.descnbe under 1 ¢' DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POI�CY LIMIT S ,000.000 B !Workers CompensationI This is for Informational purposes r" C 'Excess Coverage and nothing shall create any rkght I p under such reinsurance. Qy DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(AGGRO let,Addllianal Ren arks Schedule,may be attathed It more space Is required) Coverage provided for all leased employees but not subcontractors of:Florida Keys Society for the Prevention of Cruelty to Animals,Inc Client Effective 6/3012014 Reference site Monroe County BOCC CERTIFICATE HOLDER CANCELLATION 1123 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPtRATtON DATE THEREOF, NOTICE WILL BE DELIVERED IN 1 100 Simonton St ACCORDANCE WITH THE POLICY PROVISIONS. Key West FL 33040 AUTHORIZED REPRESENTATIVE Glen J Distefano ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD ^SFT So.: 2374083S Melinda Lynch 3 6 49IG I Sr.00 PM ICST% Peya : :t 1 Packet Pg. 1217 C.27. 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, 20061 September 20, 2006, May 17, 2007 and February 16, 2011, May 18, 2011,August 17, 2011 and as renewed on April 21, 2010; and WHEREAS,the FKSPCA has provided animal control enforcement and services in Key West and the Lower Keys since 1999;and WHEREAS,the animal control facility on Stock Island has been in poor condition and in order to build a new and improved animal shelter,the FKSPCA as a 501(c)(3) non-profit corporation has raised funds for this purpose and has submitted an unsolicited proposal to the County pursuant to F.S. CL 287.05712; and WHEREAS, the City of Key West has amended its 99-year Lease Agreement with the County to provide a new location for an animal control facility to be built; and 0 WHEREAS,the County and FKSPCA further intend to enter into this comprehensive agreement pursuant to F.S. 287.05712 for long-term animal control services and enforcement in exchange for an animal control shelter to be built by the FKSPCA;and a 06 WHEREAS,the BOCC finds that the development of a new animal control shelter serves a paramount public purpose and would otherwise be a permissible use of County funds; and WHEREAS, pursuant to F.S. 287.05712,the County has further determined that the proposed project and partnership is in the public's best interest and provides an overall public benefit and that the LO financial plan submitted by FKSPCA is reasonable and consistent with F.S.287.05712(11); and , WHEREAS, in consideration of the savings to the County taxpayers in that FKSPCA will be building a new animal control facility to serve the public,the BOCC finds that it is appropriate to enter into this agreement in consideration of that promise; NOW THEREFORE, in consideration of the mutual promises and considerations,the parties agree to enter into a comprehensive agreement and amend and restate the contract as follows: 1. TERM OF AGREEMENT This agreement shall be for a period of 20 years beginning May 1, 2014 and ending at 12:00 midnight on April 30, 2034.The term of this agreement shall be renewable in accordance with Section IV. 1 Packet Pg. 1218 C.27. 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. r�. The contract amount, upon mutual agreement by the parties, can be adjusted based upon an analysis of increased shelter operations, increased operational cost or other justified reasons relating to animal control services and enforcement as set forth in this agreement. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the Contractor. The Board shall not be obligated to pay for any services or goods provided by the Contractor after the Contractor has received written notice of termination, unless otherwise CL required by law. A. PAYMENT Payment will be made periodically, on a reimbursement basis, as hereinafter set forth. Reimbursement 0 requests will be submitted to the Public Works Department. The County shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as 2 complying with this Agreement, Monroe County Code of Ordinances, State laws and regulations and Attachment A- Expense Reimbursement Requirements. Evidence of payment by the Contractor shall be in the form of a letter, summarizing the expenses, with supporting documentation (e.g. copies of invoices) attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The Contractor's final invoice must be received within sixty (60)days after the termination date of this contract as shown in Article I above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall LO CD reimburse the Contractor. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the annual total amount shown in Article II of this agreement. cv The Contractor, as a 501(c)(3) non-profit corporation, agrees to provide the documentation listed in (a)- (f) on an annual basis and upon request by the County. Payments are subject to this information being provided on an annual basis or upon request by the County. (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) IRS Form 990 from most recent fiscal year for all organizations; (e) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition,and process for election of officers; and 2 Packet Pg. 1219 C.27. (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: r�. 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. 0 i. STAFF: The Contractor will fully staff, operate and perform all current functions of the Shelter, as further identified in the training manual to be prepared byCL c, Contractor; said training manual will be reviewed and approved by the Director of Public Works or designee prior to implementation. The contractor shall ,- provide a list of employees by name and title, including but not limited to, shelter manger(s) and animal control officer(s). Since this contract is a service agreement, staffing is of paramount importance. Contractor shall provide services using the following standards, as a minimum requirement: 1. The Contractor shall provide all necessary personnel to provide the services under this contract. The personnel shall not be employees of or have any contractual relationship with the County. 2. All personnel engaged in performing services under this contract shall 06 be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. ii. COMPLIANCE WITH LAW: The Contractor shall cooperate with the Monroe LO County Health Department and follow all local and state laws, regulations and ' procedures, including but not limited to F.A.C. 10D-3.091, Procedures for Control of Specific Communicable Diseases and Chapter 64B16-29, Animal Control Shelter Permits. iii. CARE OF ANIMALS: The Contractor will receive and properly confine all animals that are brought to the Shelters or which become the responsibility of the Shelters. All animals in the custody of the Contractor shall have a constant supply of fresh water and be fed a diet appropriate for their species, breed, age and physical condition. Each shelter facility has a perimeter fence to confine all animals to the facility grounds and to restrict wildlife from accessing the property; in this regard, Contractor is not to place food or water outside of the Shelter's fenced area(s) unless it is in an appropriate cat or raccoon trap. 3 Packet Pg. 1220 C.27. 1. The Contractor shall provide appropriate care for sick and injured animals in its custody and shall obtain the services of a veterinarian who is licensed by and in good standing with the Board of Veterinary Medical Examiners for the State of Florida for consultations and/or professional services. 2. The Contractor shall provide the personnel and materials necessary to humanely euthanize all animals designated for euthanasia by the supervisors or designees of the Shelters. The primary drug to be utilized for euthanasia shall be sodium pentobarbital, and the Contractor shall administer euthanasia to those animals designated for destruction in a humane manner and consistent with state and county laws and regulations. The Contractor's personnel who perform euthanasia will have appropriate certificates attesting to the employee's authority to perform euthanasia, and copies of the certificates will be forwarded to the Director of Public Works or designee. 3. The Contractor shall provide heartworm testing to all adoptable dogs, provide deworming to all adoptable animals, and shall have a program in place for flea and tick control. The Contractor shall provide FIV and Feline leukemia testing for all cats retained in the facility for adoption. CL iv. ADOPTIONS: 1. The Contractor shall ensure that rabies inoculations will be given to all adopted and redeemed animals as required by law. 2. The Contractor will provide an adoption service through the Shelters for the purpose of securing suitable homes for adoptable animals. The Contractor shall follow appropriate criteria to insure that each companion animal is given a suitable home through basic screening procedures that evaluate both the animal to be released and the potential adopter in an effort to assure that the animals adopted are 06 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 m inspection by the public during normal working hours. The Contractor shall utilize the Adoption Agreement attached hereto as Exhibit "Gl" LO unless modified by written and signed directive from the Director of , Public Works or designee. 3. The Contractor shall enforce the provisions of the contract, including, `V 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. 1221 C.27. 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. r�. 2. Protocols for intake, care, adoption, return to owners, and other disposal of animals. 3. Protocols for responding to calls for animal control services,whether in the nature of law enforcement, pick-up of dead animals,or other. 4. Protocols for daily maintenance of premises and equipment, including vehicles. 5. Training Staff a) prerequisites for certain positions b) keeping staff current c, 6. Training provided* shall include: a) Shelter Policies& Procedures (required of all staff, including volunteers) CL b) Basic Pet Care c) Veterinary Health Care d) Animal Behavior 2 e) Animal Handling f) Breed Identification&characteristics ca g) Obedience Training h) Behavior Problem Solving y i) Counseling Methods j) Conflict Management (required of all law enforcement personnel) k) Grief Counseling 1) Telephone Manners and Customer Service Skills *Items a &j must be at least in part provided in a classroom or seminar type setting,with live or video teaching.All other training may be self- study, although some in-person or video training is highly , CD recommended. Training shall be provided appropriate to the position filled by the worker,whether that worker is an employee or a volunteer. 7. Adoption Guidelines, which shall absolutely require sterilization of all animals `V prior to release to adopter. Other guidelines shall address, at a minimum: a. Consultation with the prospective adopter. b. Prospective adopter's commitment to be responsible for providing care, safe environment,veterinary bills for life of the animal. c. Animal's disposition and that of members(human and animal)of the household to enhance as well as possible the probability of successful placement. vii. HOURS OF OPERATIONS: At a minimum: the Shelter 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. 1222 C.27. Hours of operation as set forth above may be adjusted only upon mutual written consent of the County and the Contractor in the form of a contract amendment approved by both parties. B. SHELTER FACILITY/PREMISES: Due to the poor condition of the current animal control facility,The Contractor shall construct a new animal shelter("the Facility" or"Project") on the "Relocated Premises",which is more particularly described on Schedule B of the Amended and Restated Lease Agreement, which is attached hereto an incorporated by reference.The Contractor's unsolicited proposal is attached hereto as"Unsolicited Proposal for a New Animal Shelter" and incorporated by reference. The County understands that the Contractor is building the new Facility with tax-deductible donations to the Contractor,which is a 501(c)(3) non-profit organization.To maintain the tax- deductible status of donations, the Facility is required to be an asset of the Contractor with the understanding that the Facility and any improvements thereto will become the property of Monroe County upon expiration or termination of this Agreement, subject to the amortization o 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 CL the amortization as set forth below.The Contractor will use the Facility to provide the services as outlined above. -- The County must review and consent to the design,development and construction of the Facility before the Contractor proceeds with work.The Contractor must comply with the o County's competitive bidding procedures as set forth in Section 2-347, Monroe County Code and the Monroe County Purchasing Policy and Procedures.Also pursuant to F.S. 287.05712(9),the Contractor shall provide delivery of performance and payment bonds, letters of credit,or other security acceptable to the County in connection with the development or operation of the 06 Facility in the form and amount satisfactory to the County. For components of the Facility which involve construction,the form and amount of the bonds must comply with s. 255.05, Florida Statutes. Unless the County finds that the security provided is insufficient,the County will accept security in the form of bank statements; signed letter from the bank stating that funds are in the bank for the specified project; and/or documentation provided by a financial LO institution of a line of credit assigned to the construction of the Facility. The Contractor shall file on a quarterly basis,the appropriate financial statements that pertain to the Facility and other security as set forth above or that may be required by the County. If this agreement is terminated by the County,the Contractor shall be entitled to E reimbursement only for the actual cost of work completed in construction of the Facility, including architecture fees and permits fees.The total reimbursement will not exceed the total cost of the construction minus depreciation, using a straight-line method of depreciation and will be amortized over a period of 30 years.After 30 years,the Contractor will not be entitled to any reimbursement for construction and the Facility and any improvements to the Relocated Premises becomes the property of Monroe County. The County grants and authorizes the Contractor to use and develop the Relocated Premises described as Schedule B in the Amended and Restated 99-year Lease Agreement with the City of 6 Packet Pg. 1223 C.27. 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. 0 U 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 CL reference.The Contractor agrees to all of the terms and conditions as set forth in the License Agreement.As per the License Agreement the Licensor/City of Key West and the County do not -- assume any liability whatsoever for any damage which may occur on the Licensed parcel. 0 C. ENFORCEMENT SERVICES: The Contractor will provide complete animal control and enforcement services within the Service Area described above, including, but not limited to: 1. Training of Animal Control Officers: The Contractor shall provide that all animal control 06 officers complete the mandatory certification program outlined by F.S. 828.27 (40 hours of training curriculum approved by the Florida Animal Control Association); said training shall be completed on a timely basis after a 90-day probationary period. The Contractor is to provide the Director of Public Works, or designee, with copies of the Animal Control Officer Training Program Certificates. LO 2. Emergency services(24-hours per day/7-days a week)for Priority One calls which are: a. Injured animal; b. Bite cases; person bit by any warm-blooded creature; C. Animal bites to other animals; d. Wild animal in home; e. Dangerous dog investigations; f. Animal cruelty investigations; g. Law enforcement requests. 3. Patrolling service area on a regular and consistent basis; 7 Packet Pg. 1224 C.27. 4. Picking up dogs that are running at-large; 5. Picking up cats or raccoons captured in cat or raccoon traps; contractor shall notify the public of the availability of cat and raccoon traps. 6. Non-emergency animal pick up from residential homes during normal operating hours; 7. Picking up dead animals along County or City rights-of-way and arrange for proper disposal in accordance with all applicable laws, regulations and ordinances; 8. Disposing of any animals that are euthanized or that expire while in the care,custody,or control of the Contractor, in accordance with all applicable laws, regulations and ordinances. 9. Investigating all reports of violation of local and state ordinances and regulations relating to animal control and, when warranted by the facts, issue citations (Resolution No. 290-2010 and animal control citation form attached hereto in Exhibit "G3"), and/or prosecute all persons charged with violation of said ordinances and regulations, which includes representing Monroe County in court proceedings when required. Further, CL upon termination of this agreement, the Contractor shall complete all cases originated by Contractor including representing the County in court if necessary. 10. Complying with all applicable County ordinances and regulations as well as the laws of the State of Florida. D. FEES. The Contractor shall collect and remit to the County all funds that are collected for fees, such as license certificates, citations, penalties, adoptions etc., required to be collected pursuant to Monroe County Code Sections 4-39, 4-45, 4-46 and 4-66, and Monroe County Resolution No. 240-2006, as amended by Resolution Nos. 386-2006 and 599-2006, as same may be amended from time to time; said Resolutions are attached hereto and marked Exhibit"B." Checks received for these fees shall be made payable to m Monroe County and remitted directly to the County. In this regard, the Contractor shall issue numbered receipts and keep appropriate records of all funds received and shall LO provide to the Director of Public Works or designee on a bi-weekly basis copies of daily cash reconciliation forms, daily bank deposit information and original license certificates that are issued or voided. All funds must be deposited into specific Monroe County bank accounts, and all requests for waiver of any fines or fees owed to the County must be submitted in writing on the County-approved affidavit form to the Director of Public Works or designee, said affidavit form is attached hereto and marked Exhibit "G2." The Contractor shall only charge fees as outlined in Monroe County Resolution No. 240- 2006, as amended by Resolution Nos. 386-2006 and 599-2006, as same may be amended from time to time; said Resolutions are attached hereto and marked Exhibit "B." The Contractor shall not charge any fees for services at the Shelters unless approved in writing by the Contractor and the Board of County Commissioners in the form of a contract amendment. 8 Packet Pg. 1225 C.27. 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 CL those employees' names, addresses and telephone numbers to the County Administrator who may, at his discretion, require the Contractor to have the listed employees remain in the County during and after a Category 1, 2 or 3 Hurricane or similar natural disaster. 0 U G. PETS IN SHELTERS: Contractor shall provide the services designated for the Animal Control/Shelter Contractor in the Pet Friendly Special Needs Clients Sheltering Plan to Es provide evacuation of pets of Special Needs Clients and assistance with care of said pets. 4. RENEWAL: The County shall have the option to renew this agreement for an additional ten (10)year period after the initial 20 year period.The contract amount agreed to herein may be adjusted annually in accordance with the percentage change in the consumer Price Index(CPI)for all urban consumers(CPI-U)for the most recent 12 months. LO S. CONTRACTOR'S LICENSE: The Contractor shall secure, maintain and pay all applicable fees for any permits and licenses necessary to operate the Shelters. By signature hereon,the Contractor warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these contract documents. Proof of such licenses and approvals shall be submitted to the County upon request.The Contractor has,and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct its business,and that it will at all times conduct its business activities in a reputable manner. 6. INDEPENDENT CONTRACTOR: At all times and for all purposes, the Contractor, its agents and employees are strictly considered to be independent contractors in their performance of the work contemplated hereunder. As such, 9 Packet Pg. 1226 ' C.27. 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: r�. Contractor shall provide a list of all vehicle(s) currently used and any vehicle(s) that the Contractor acquires or uses in performing/providing services under this agreement,the Contractor shall include and list those vehicle(s) under this agreement with the VIN (vehicle identification number) and the Contractor must adhere to all insurance coverage requirements under this contract. If County funds are used to acquire any capital assets, then upon termination or expiration of the contract those assets will become the property of Monroe County, unless otherwise agreed to by the County. CL 9. HOLD HARMLESS/INSURANCE REQUIREMENTS: The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners and the County Court of Monroe County from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses(including attorney's fees)which arise out of, in connection with,or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors,or other wrongful act of omission of the Contractor or its y Subcontractors in any tier,their employees,or agents. 06 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained within this agreement. General Insurance Requirements LO As a pre-requisite of the activities governed by this contract(including the pre-staging of personnel and ' material),the FKSPCA shall obtain, at their own expense,the types and amounts of insurance specified below,which are made part of this contract. 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. 1227 C.27. The FKSPCA shall provide,to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change,or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the County by the insurer. The acceptance and/or approval of the FKSPCA's insurance shall not be construed as relieving the FKSPCA from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation and Professional Liability coverages. CL Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements"and approved by Monroe County Risk Management. 0 Specific Insurance Requirements Employee Dishonesty Insurance The FKSPCA shall purchase and maintain,throughout the term of the contract, Employee Dishonesty Insurance which will pay for losses to County property or money caused by the fraudulent or dishonest acts of the FKSPCA's employees or its agents,whether acting alone or in collusion of others. The minimum limits shall be: LO $100,000 per Occurrence Commercial General Liability Insurance Prior to the commencement of activities governed by this contract,the FKSPCA shall obtain Commercial E General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable shall be: 11 Packet Pg. 1228 C.27. $1,000,000 Combined Single Limit(CSL) If split limits are provided,the minimum limits acceptable shall be: $ 500,000 per Person $ 1,000,000 per Occurrence $ 100,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition,the period for which claims may be reported should extend for a minimum of twelve(12)months following the acceptance of work by the County. Business Automobile Liability Insurance Recognizing that the work governed by this contract requires the use of vehicles,the FKSPCA, prior to the commencement of activities governed by this contract, shall obtain Business Automobile Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles CL The minimum limits acceptable shall be: $1,000,000 Combined Single Limit(CSL) 0 If split limits are provided,the minimum limits acceptable shall be: $ 500,000 per Person y $1,000,000 per Occurrence $ 100,000 Property Damage 06 m Workers' Compensation and Employers Liability Insurance Prior to the commencement of activities governed by this contract,the FKSPCA shall obtain Workers' Compensation Insurance with limits as set forth in Florida Statute 440. LO In addition,the FKSPCA shall obtain Employers' Liability Insurance with limits of not less than: ' $100,000 Bodily Injury by Accident `V $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of this contract. All Risk Property Insurance "All risk" property insurance, including theft coverage, written at replacement cost value and a replacement cost endorsement insuring CONTRACTOR'S improvements and betterments, fixtures, furnishings, equipment and any other property belonging to CONTRACTOR Veterinarian Professional Liability Insurance 12 Packet Pg. 1229 C.27. 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 r�. Insurance Requirements for Contractors and Subcontractors Engaged by the FKSPCA All provisions specified in the General Insurance Requirements(including the County being named as an Additional Insured) specified above shall apply to all Contractors and Subcontractors engaged by the FKSPCA. Prior to the commencement of any activities of Contractors and Subcontractors engaged by the FKSPCA, the FKSPCA shall ensure that the Contractors and Subcontractors are maintaining the following types and amounts of insurance. CL Commercial General Liability Insurance Coverage shall be maintained throughout the life of the agreement between the FKSPCA and the Contractor or Subcontractor and include, as a minimum: 0 • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable shall be: $1,000,000 Combined Single Limit(CSL) If split limits are provided,the minimum limits acceptable shall be: LO $ 500,000 per Person $ 1,000,000 per Occurrence $ 100,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions E should include coverage for claims filed on or after the effective date of the contract. In addition,the period for which claims may be reported should extend for a minimum of twelve (12) months following the final acceptance of the work performed by the Contractor or Subcontractor for the FKSPCA. The County must be named as an Additional Insured on all Contractors and Subcontractors Commercial General Liability policies. 13 Packet Pg. 1230 C.27. Business Automobile Liability Insurance The FKSPCA, prior to the commencement of activities governed by the contract between the FKSPCA and any Contractor or Subcontractor shall ensure that all Contractors and Subcontractors will maintain Business Automobile Liability Insurance. Coverage shall be maintained throughout the life of the contract and include,as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit(CSL) If split limits are provided,the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage Workers'Compensation and Employers Liability Insurance CL Prior to the commencement of activities governed by a contract between the FKSPCA and any Contractor or Subcontractor,the FKSPCA shall ensure that all Contractors and Subcontractors are maintaining Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. 0 In addition, the FKSPCA shall ensure that all Contractors and Subcontractors are maintaining Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits 06 $100,000 Bodily Injury by Disease, each employee m Builders Risk Insurance Prior to any construction activities engaged by the FKSPCA,the FKSPCA shall obtain Builder's Risk LO Insurance on an All Risk of Loss form. Coverage shall include coverages for: Theft Aircraft Windstorm Vehicles Hail Smoke 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. 1231 C.27. Additionally,the Contractor agrees to obtain and adhere to the insurance requirements as set forth in the Amended and Restated Lease Agreement, Revised Joint Participation Agreement and Revocable License Agreement for Use of City property. 10. DONATIONS AND GRANTS: The Contractor shall issue receipts, keep appropriate records, and account separately for all donations and grants received by Contractor: (a) At any Monroe County Animal Shelter; (b)For the benefit of animals in Monroe County;or (c) Off of Monroe County premises for which the donors have a reasonable expectation that the funds may be used out of County Said donations and grants shall be used by Contractor only for the benefit of shelter animals in Monroe County or other services not mandated by the contract and may only be applied to the organization's operational mission within Monroe County. In the case of donations solicited by third parties on behalf of the Contractor, the donating entity must make its financial records pertaining to the donated funds CL available to representatives of the Contractor and the County during regular business hours (Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding holidays) in order to insure that all monies collected on behalf of the Contractor are in fact donated to the Contractor for the benefit of Monroe County shelter animals in Monroe County. If a prospective donating entity is unwilling or unable to comply with the foregoing requirement,then the Contractor may not accept any donations from that entity. 11. FACILITIES AND EQUIPMENT: The Contractor hereby accepts the Shelter facilities and equipment in "as is" condition,and the Contractor shall allow the County to inspect said facilities and equipment at any reasonable time. In addition, all operating supplies and any additional equipment such as catch-all sticks, cages and the like shall be the responsibility of the Contractor. A capital asset is tangible property or fixtures estimated to cost or be valued at$1,000 or more. Prior to purchasing a capital asset with County funds,the Contractor shall notify and seek approval in writing LO from the Public Works Department. If County funds are used to acquire any capital assets,then upon termination or expiration of the contract those assets will become the property of Monroe County, unless otherwise agreed to by the County.The Contractor shall maintain a list of all capital assets even those purchased without County funds, noting whether acquired with County funds or other funding sources and the Contractor shall provide said list to the Public Works Department, as amended,when additional capital assets are acquired. Property acquired with County funds will be inventoried pursuant of Chapter 274, Florida Statutes. All fixtures, equipment, signs and tangible personal property provided by the Contractor and used on the premises by Contractor shall at all times be and remain the property of the Contractor. Contractor shall have the right to remove any such fixtures, equipment, signs or tangible personal property or any 15 Packet Pg. 1232 C.27. part thereof,from the premises during the term of this contract,at the expiration thereof or within a reasonable time thereafter; provided, however that Contractor, in doing so does not cause irreparable damage to the Premises, and further provided that Contractor shall pay or reimburse County for the reasonable expenses of repairing damage caused by such removal. 12. INVENTORY: Prior to commencement of the service contemplated herein,the County shall perform an inventory of all supplies, materials, medicines and equipment at each Shelter and the inventory lists prepared therefrom shall be signed by both parties hereto. 13. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS: The Contractor hereby agrees that he has carefully examined the premises provided by the County E and the district for which he shall provide services and has made investigations to fully satisfy himself that such site(s) is(are) correct and suitable for this work and he assumes full responsibility therefor. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by the Contractor,who understands the same and agrees to their sufficiency for the work to be done. Under no CL circumstances,conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor. 14. MAINTENANCE,IMPROVEMENTS AND CAPITAL ASSETS: The Contractor shall be responsible for the shelter premises. The Contractor shall: a) Maintain the Shelters and Premises, including kennel areas, cages, and euthanasia room(s) and all equipment in a clean, safe and sanitary manner. b) Maintain and be responsible for the costs of repairs to the Shelter buildings,grounds, and equipment in order to keep same in proper working condition. Prior to commencement of any repairs,the Director of Public Works or designee must be notified, in writing, of the proposed repairs and estimated cost.The Contractor will accept the facilities and equipment in "as is"condition. All operating supplies and any additional equipment such as catch-all sticks, cages and the like shall be the responsibility of the Contractor. c) Contractor shall have the right during the term of the contract to construct, re-construct, re-model, paint, decorate and re-decorate the Shelter; provided however,that all such improvements to the 9 Shelter by Contractor shall conform to all applicable building codes, regulations, permits and prior ' written approval from the Director of Public Works or designee is obtained; written approval by the Director of Public Works or designee shall not be unreasonably withheld. All improvements remaining cv at the Shelter at the expiration or upon the termination of the contract shall become the property of the County. If at the expiration or termination of the contract the Contractor wishes to leave the m improvements or personal property at the Shelter, Contractor shall obtain written approval from the County. The County has the sole right to reject the leaving of such personal property and improvements and require the Contractor to remove them from the Shelter. If Contractor fails to remove personal property or improvements that a) Contractor leaves on site and b)the County requests removal,the County shall have the sole right to remove Contractor's personal property and improvements from the Shelter. Contractor shall be responsible to reimburse the County for all costs and expenses associated with the removal and disposal of Contractor's personal property and improvements. 16 Packet Pg. 1233 C.27. 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 o U c) Off of Monroe County premises for which the donors have a reasonable expectation that the funds may be used out of Monroe County. CL Funds raised by the Contractor from fundraising events at the Monroe County shelter and donations -- received at Monroe County Animal Shelters shall only be used to benefit the animals in Monroe County or other services not mandated by the contract and may only be applied to the organization's operational mission within Monroe County unless there is documentation that the donor wanted the o donation to be used for any mission purpose, whether in or out of the County, or the fundraising fliers a and other materials make it clear that the funds are to be used outside the County. 16. NON-DISCRIMINATION: County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not LO limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to 17 Packet Pg. 1234 C.27. 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. r�. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to the Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. In addition, the Contractor shall, at its expense, provide the County with an annual audit prepared by an independent Certified Public Accountant; said audit shall conform to generally accepted auditing standards and shall be submitted to the County within one hundred twenty (120) days following the CL close of the Contractor's fiscal year. 18. PUBLIC RECORDS: 0 Pursuant to F.S. 119.0701,Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in order to perform the service. (b) Provide the public with access to public records on the terms and conditions that Monroe County 06 would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost,to Monroe County all LO public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. The County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. 19. MEDICAL RESEARCH: In no event shall any animals under the care, custody, or control of the Contractor be given, bartered or sold to any medical research company. 20. CAT/RACCOON TRAPS: 18 Packet Pg. 1235 C.27. The County hereby leases its cat/raccoon traps to the Contractor for the Contractor to rent to the public upon payment of a deposit fee. All deposit fees collected by Contractor shall be returned to the renter upon return of the trap or, if the trap is not returned to Contractor, the deposit fee will be retained by the Contractor in order to purchase replacement traps. At the end of this agreement, the Contractor will return the same number of cat/raccoon traps to the County as the County had provided at the beginning of this agreement. Nothing herein shall preclude Contractor from purchasing and renting its own cat and raccoon traps. Contractor shall notify the public of the availability of cat and raccoon traps. 21. BREACH OF TERMS BY CONTRACTOR: The passing, approval, and/or acceptance by the Owner of any defect in the services furnished by the Contractor, shall not operate as a waiver by the County of strict compliance with the terms of this Contract, and specifications covering the services.County may immediately terminate the Agreement due to any violations by Contractor of criminal statutes governing humane and cruel treatment of animals. Any other Contractor breach of this agreement shall be governed by the article below on termination for cause. The Contractor agrees that the County Administrator may designate representatives to visit the o facility(ies) periodically to inspect Contractor's maintenance of the premises, and care provided to animals.The Contractor agrees that the County Administrator may designate representatives to visit CL the facility(ies) periodically to conduct random open file evaluations during the Contractor's normal business hours. -- 22. TERMINATION WITHOUT CAUSE: 0 The County may terminate this agreement without cause by providing the Contractor with written notice of termination at least sixty(60) days prior to the date of termination. 23. TERMINATION WITH CAUSE: The County may terminate this agreement for cause if the Contractor shall default in the performance of any of its obligations under this agreement. Default shall include the occurrence of any one of the following events and same is not corrected to the satisfaction of the County within fifteen (15)days after the County provides the Contractor with written notice of said default: 9 a. Failure to provide food or water for animals in the custody of Contractor. ' b. Failure to procure appropriate veterinary care for any sick or injured animal in the custody of the Contractor. cv c. Failure to administer euthanasia in a humane manner. d. Failure to maintain the Shelters in a clean,safe and sanitary manner. E e. Breach of any other term, condition or requirement of this agreement. 24. ASSIGNMENT: The Contractor shall not assign or subcontract its obligations under this agreement,except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this 19 Packet Pg. 1236 C.27. agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 25. COMPLIANCE WITH LAW: In providing all services/goods pursuant to this agreement,the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the contractor. The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract 26. DISCLOSURE AND CONFLICT OF INTEREST: A. The Contractor represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest,either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. B. Upon execution of this contract, and thereafter as changes may require,the Contractor shallCL c, notify the County of any financial interest it may have in any and all contracts with Monroe County. 27. FINANCIAL RESPONSIBILITY: The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. v, The Contractor represents by signing this agreement that it has the financial ability and responsibility to develop and construct an animal control facility on the Relocated Premises and that it will be solely responsible for all cost associated with the Project and that funds reimbursed under this contract are not for the development and construction of the Project. As per the 99-year Amended and Restated Lease agreement,the Contractor shall provide a performance guarantee to the County before a building permit will be issued. The Contract shall warrant, prior to issuance of a building permit, that Contractor has the financial capability to construct and complete the Project/The Facility as planned without the LO need to request further funding from County for same. The Contractor shall confirm in writing (in the form of bank statements; signed letter from the bank stating that funds are in the bank for the specified project; documentation provided by a financial institution of a line of credit assigned to the construction of the Facility) that Contractor has the funds in place, at the time of issuance of the building permit such to be in a position to construct and complete the Facility. The County/BOCC shall address any deficiencies in funding. The County/BOCC has the option to reduce the size of the project/The Facility in order to meet any deficiencies in funding. 28. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid,to the other party by certified mail, returned receipt requested,to the following: FOR COUNTY: 20 Packet Pg. 1237 C.27. 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 r�. 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: o U This Agreement is governed by the laws of the State of Florida. Venue for any litigation arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is CL entitled to attorney's fees and costs. 31. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for construction or repair of a public building or public y work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (CATEGORY TWO: $25,000.00). m 32. AUTHORIZED SIGNATORY: The signatory for the Contractor, below,certifies and warrants that: LO (a) The Contractor's name in this agreement is its full name as designated in its corporate charter. (b) He or she is empowered to act and contract for Contractor. (c) This agreement has been approved by the Contractor's Board of Directors. `V Further, Contractor shall, upon execution of this agreement, provide proof of incorporation and a list of its Board of Directors. 33. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the County and the Contractor for the services contemplated herein. Any amendments or revisions to this agreement must be in writing and be executed in the same manner as this agreement. 34. NON-RELIANCE BY NON-PARTIES: 21 Packet Pg. 1238 C.27. 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. r�. 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. c, CL C^ HEAVILIN, CLERK BOARD OF UNTle4QMMISSIONERS OF ON COU OID By: °.,moo °�••° eputy Clerk ayo hairman ®y uhr M iM• CONTRACT Attest " Z� By: �� By: WITNESS Pre de Florida Keys Society for the `�� Preventi f Cruelty to Animals, Inc. Print Name: By: � WITNESS 'n Print Name: 112 ' 1,+`'�►'1 E'►� MONROE COUNTY ATTORNEY c4 PPR,OVED AS TO FORM: CHRISTINE M. L.IMBERT-BARROWS ASSISTAI`JT COUNTY ATTORNEY Date / -Ilt� (M � Q �Z O CO v 7% U_ W = �� 22 Packet Pg. 1239 C.27. ATTACHMENT A r:. Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community- Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and CL that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are In compliance with this organization's -- contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." 0 Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. 06 Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. , LO Any questions regarding these guidelines should be directed to 305-292-3534. cv Data Processing, PC Time, etc. E The vendor invoice is required for reimbursement. Inter-company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Packet Pg. 1240 C.27. 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. 0 Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the CL number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. 0 Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in y accordance with Monroe County Code of Ordinances and State laws and regulations. Credlt card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense atLO the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and Packet Pg. 1241 C.27. 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. 0 CL 06 LO N U Packet Pg. 1242 C.27. ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 i:-: Date The following is a summary of the expenses for (Organization name) for the time period of to Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX (A) Total $ X.XXX.XX (8) Total prior payments $ X,XXX.XX 0 U (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 06 expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. LO Executive Director cv 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. 1243 C.27. EXHIBIT"Er PAGE 1 OF 4 RESOLUTION NO, 599-2006 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,AMENDING RESOLUTION NUl 386=2M6 TO PROVIDE A THREE-YEAR COUNTY LICENSE FEE FOR CATS THAT ARE NOT SPAYED/NEUTERED. WHEREAS,Resoludon 386-2006 was passed by the Board of County Commissioners on September 20, r� 2006 providing for one-year and three-year County licenses,fees for dogs,cats and ferrets and replacement license; and WHEREAS,a scrivences error resulted in the omission of the 3-year County license fee for cats that are"nor spayed'n wtered and 6►nombs 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 pet,to make the alternative three-year license also desirable; NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,that: U 1. Section 2.E.of Resoludon No.386-2006 is hereby amended to read: CL 2. E. County License: ONE YEAR THREE (1) Dogs: (a)Animal is spayed/neutered or under 6months of age SIO S20 (b)Animal is not spayed/neutered and 6 months of age or older S35 $75 (2) Cats: (a)Animal is spayeftcutered or under 6mouths of age SI O $20 (b)Animal is not spayed/neutered and 6 months of age or older $35 7' Es (3) Ferrets: $6 $10 y (4)Replacement(per replacement,regardless of years covered) $2 06 (5) Dogs and cats with microchips or other means of permanent identification and with regi to dre or a national uk dification service current to the owner,shall receive a SS discount from the annu�fern r � PASSED AND ADOPTED by the Board of County Commissioners of Monroc A" 's�,F%da,aaba meeting of the Board held on the 15th day of November,2006. nLO a oCD r-� a Mayor McCoy Yes Mayor Spehar Yes �� Commissioner Neugent Yes n cn Commissioner Murphy Yes w Comoissioner DiGennaro Yes BOARD OF COUNTY COMMISSIONERS (Seal) OF MONROE COUNTY,FLORIDA Attest: DANNY L.K/OLHAGE,Clerk Deputy Clerk MONROE COUNTY ATTORNEY Mayor/Chairman AP VED AS TO0001, ZANNE A.HUTTON COON amoas. � Packet Pg. 1244 C.27. EXHIBTf"B" PAGE 2 OF 4 Tt1rSaid1r11Ori Na 3"-M A BBAOLurm or T1z WARD OF COUNTY COMMMOMM OF MO mz COUNTY,KAWaDA.AMINpNG itll:40LUTM NQ 303M TO MOMS A TARE -YRAR ALTERNATM M 1HZ DOG,GAT D PZRRRT UC,VM P'11 M WHIRR&%Raoholon No.240-2006 was pond by the Board of COMW Caommiaiooers(BOCC)to mm tha 5em to be chaW for vad m aeural c i - caviar;and WI�ARAS,Rdohrdoo No.240,2006 elimiarced the altaostivo dneayesr lioeasa ava7sbla is 000jmctian with the throe-year rabies vaoeine which Zoe adMWMWW 1D sOtae pets;and W17aR)EAg,t1,o animal aomal ooaoraetoes tepoet thst theca ace a nrg'a;ient mraber of popb seloaing the *rw-year vaccine for their pets to mks do Wtanative dweayaw licam also dal A* NOW,Tmmim BE rr RESOLVED BY TAB BOARD OF COUNTY COMM[88[Omn OF hfONNROE COUNTY,that: U 1. Section 2.E.of Resohsdm No.240.2006 is hemby amended to lead: CL 2. E. County -� (1) Dow ONE YEAR W (a)Animal is RwyaYaameed orumder 6moo&ofsp $10 220 (2) (b)Ammd is not*W*V=Wm*d and 6 months of sp or older $35 S73 Catir (a)Animad is VgwV wwW or under 6moaths of age $10 $20 (b)Aoimd is not spayedhmtered and 6 months ofage or older $35 (3) Ferrets: $6 $IO (4)RiOPhmmea(ice mplacmwK leg RIM Of years covered) $2 06 (5) Dogs sad rate with nmuc tips or other mass of pecmaneat idombAcatim and wA ngba t oo to the County or a wbmW idmfic anon service current to the owner,shag rmeive a$5 40000 Gum the w=W license An. � PASSED AND ADMM by the Baud of County Com=mooas of an the Moaroe County,Fhxids,at a meeting of the Bow4 held e 20th day of Sgmmbes,2006. MONROE COUNTY ATTORNEY r m"Ormccoy X0 APPROVED TQA10RM: LO Mayor Spelar Comm YA Pat ASsiatu LEENE vTrA AT ym 0aa o F o BOAAy OF LOUR I W- ` OF MONIM ,FLO ran xoi�Acs,Ck t � r, r= a o rn N erk � Packet Pg. 1245 C.27. EXHIBIT"B" PAGE 3 OF 4 Companion to Alternate version RESOLUTTON NO. M 206 A RESOLUTION OF THE BOARD OF COUNTY COMIIIISSIONERS OF MONROE COUNTY, FLORIDA, REPEALING AND REPLACING RESOLU77W NQ 261,211R3 TO PROVIDE CHANGES TO DOG, CAT & i:-: FBRRET LICENSE FEES. WHEREAS,Raso&dm Na 261-2W5 was passed by the Board of County Commisdiomers(BOCC) to requin t license to eorregwnd with the length of effectiveness of the rabies WHEREAS,the BOCC has passed Oidtncr wr Na 006-2006 requWag lkwoure of dogs,cats and ferrets;and WHEREAS, the BOCC has determined that it is in the best interests of the pubic to change e U Coer 3 of the Monroe Carroty Code to ahlo require Hoendure of ferrets and to change the age at which hap licenses are required to conform Licensors to the Soft rabies vaccination laws,and CL WHEREAS,the BOCC has determined that there a no public cow=about the Rot pmvmdy fend by the BOCC that calls for pick up of ua-neuamid and rmsprayad dogs at large exceed such cab for dogs who have been neutered or spayed;and WHEREAS,it is desired to reduce the w4 t of pet owners who do not beep thdr pets ffom maming at lame; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,that: y 1. ReaAdian Na 261-2005 is hereby repealed. 06 2. Fees shall be collected for the following ewvioes as specified: � am= E � A- pick•: (1)First Time $25 (2)Second Time $50 LO (3)Third and each additional time within a 12-mondk period $100 'Tbe above pick-up!lees WWI be doubled if the animal piclted up was not vaccinated for rabies. (4)Unalteredantodatlarge,/LnWexa fdm licanrr'. Tian unaltered animal comes into the shelter,either by being picked up or brarght in,there will be an additional$100 tine for the fact that it is In ekaed and that fine will be waived W owner or assigned wataloer agrees to alter the animal prior to leaving the shelter. B. BQaA g(per night) slo C. MOW= $10 U. I jWML $10 Rona eta 261-MOO 1 (COMPMi 10Od AMrd eeL2M AkNMU VWnioe App 6 21 W) Packet Pg. 1246 C.27. EXHIBIT"B" PAGE 4 OF 4 E. cma PER YEAR* (1) DoW. (a)Animal is spayed/natered or under 6months of age $10 (b)Animal is not spayedhwtoad and 6 months of age or older S35 (2) Cats: (a)Animal is spayed/neutered or rmdar 6montha of age S 10 (b)Animal is ant spayedhmeered and 6 months of age or older $3 S (3) Fends: $6 (4)Rg9scatne t S 2 (5) Dogs and cots with microchips or other means of permanent identification and with registration to the County or a national identification service current to the owner, shall receive a SS discount f3aem the annual license fee. c *Licenses are to be issued on an annual basis. However,any threo-year license previously issued in conformity to a three-year rabies vaccine and pursuant to Reoo&no n 2612005 shall remain in CL effect until its natural expiration dote. F. (1)First year $100 (2)Animal Renewal S SO 0 Bfo�i�(per )litter $ SO Litter registration is requited before birth. The owner of a pregnant animal shall be assessed a litter fee of$SO for each lifter If the litter is not registered,these will be$100 fine for Sit oSlbuse CM fine for second oScense.$SOD Sae on third offense. At the first offense,the fine of$100 will be waived if ownedcaetalmr agrees to alter the litter and breeding mother. 06 PASSW AND ADOPTED by the Bard of County Commisswoers of Monroe County,Wide,at a meeting ofthe Board held on the 21atday of June ,2006. 3 0 -w z � � Mayor McCoy Tea �*r'.. Qa Maya SpdW Tea Commissioner Neugent TeaLO c�� C NK06sioner Felton Yea Zinc + rn Cissioner Rice Tea . • m ca c7 ,.. a BOARD OF COUNW COh9dSSIONERS (SOD OF MONROE C07 K4PLIDA After DANNY L.KOLHAGE,Clerk � By: BIVC7---� MayorfiChairmitzi Dapdty Clerk YONPM COUNTY AT N'Y APPp AS w ..ws a. 361 soon 2 (CoaWmim WOW Aawd 006.M Abwwu Ynam App 6 2106) A./, ON DOM Packet Pg. 1247 C.27. EXHIBIT "G1" FORMS REQUIRED TO BE USED BY CONTRACTOR ADOPTION AGREEMENT (ORGANIZATION'S NAMEI Monroe County, Florida This Agreement is entered into between (name of Adopter), the "Adopter," and name of organization),the"Agency"this Ldy)day of Lmonth ,20_. In consideration of the mutual promises contained herein, the above stated parties hereby agree as E follows: l. 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 CL congenital disorder. Any return after that time or for other than a congenital disorder will be subject to the Agency's Intake Fee. In recognition that Agency is a not-for-profit organization �-- providing shelter care for the County shelter,none of the adoption or other related preparatory fees are refundable. 3. In consideration of the privilege of adoption, Adopter hereby waives any and all claims for e damages against Agency and Monroe County, their officers, employees, agents and representatives which may result from this adoption, including, but not limited to, any veterinary costs or expenses incurred for the animal,damages or injury to property or person. 4. Animal has been neutered or spayed. Adopter agrees that spaying/neutering is a condition of the adoption and this contract provision may be enforced in Court. In the event that the animal is discovered to have not been neutered or spayed for any reason prior to release to Adopter,Agency shall, by written notice delivered in person or by registered mail, return receipt, require Adopter, within ninety (90) days of said notice, to provide to Agency a licensed Veterinarian's certified statement that the animal has been neutered/spayed or shall return the animal to the Agency for such procedure. Should Agency action become necessary to enforce this provision, Adopter LO agrees to pay all costs, including court costs and attorney's fees of the Agency. Should a Court ' adjudicate this issue, the parties agree that in addition to payment by Adopter of all costs, the Agency shall be entitled to injunctive relief requiring the spay/neuter surgical procedure. 5. Adopter agrees to provide humane care for the animal in accordance with all laws and ordinances in force in Monroe County. Adopter will not sell, trade, give away, or otherwise dispose of said animal without first giving Agency the right to take possession and ownership of the animal, subject only to the Agency's Intake fee as set by Monroe County Resolution. SO AGREED the date first written above. (Signature of Adopter) (Signature of Agency Representative) Packet Pg. 1248 C.27. 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. 2. For the period of to ,$ (date of 1st charge) (date of last charge) 0 has been incurred as a result of the animal control services stated in paragraph number one. CL 3. That I am unable to pay(check one) 1)the charges(or) 2)any more than$ without substantial hardship to myself or my family due to the following circumstances: (check all that apply) (A) My household gross monthly income from all sources is less than: (1) $1,200 if only one person in household, or (2) $1,500 if more than one person in household. (B)I do not have cash(including checking and savings account)in excess of$500.00. 06 (C) I owe debts due to illness or misfortunes of my family. If this item is checked, briefly describe in the space provided below: 03 (D) I do not own real or personal property which are not used by me for shelter and the necessities of life. If this item is checked, briefly list and describe all real property and automobiles ' owned by affiant: 4. If any statement herein is determined to be untrue, I agree to pay such charges as have been waived as a result of this affidavit. (signature) SWORN TO AND SUBSCRIBED before me this_day of ,201 ,by who is personally known to me or who produced ,as identification. Notary Public-State of Florida at large Concur Animal Control Director Concur County Administrator Packet Pg. 1249 C.27. EXHIBIT 66G3" FORMS REQUIRED TO BE USED BY CONTRACTOR RtIHOLI:TiON NO. m •ZAS A Bff,S0LVYIl0i!f OF = BOARD OF COVKlrY C Of Monson COUNTY, fLOWDA, A!)120YM nor ANNAL COMIA,crrATIM To Bit V= PUMA, TO SKICTI x 446 or Tom Mommx CAMIR COOL WAR,pumaat b mmw c"y Code(MCC)Section 4-*opoa o1mvins a vidatioo of Cider 4 of tho MM a„a+waal Caetrd supervisor at WOW Control officer,Of � any ocher law er&roesaent ni"Soer,may roue a dmtioa;and 'WW RF.AS,the anie;Iat cov ttl c"ion used OW1 be in auhstantially the saws farm as approved by Board ramhidw and O WHZR>r.A3.tk 4mrad am rol citation Auuld be epprovod by the B nerd of Quay C.ontm omem fa the purpm of owing ed metent of the Monroe County Animal contra OrAinutoe and CL WUREAS, Section 4.46, MCC sea forth do required wAmnatioa dot shelf be ctantaiaed in the citation; � NOW T'WAZ/OiU, BZ IT RZSOLVW BY INE BOARD OF C017lTiTY COMMl VA)KW OF MONEM C1DCM.FLOROM&THAT: L MW leers W CAmmy Cl,netinimem of Monju Comey on e-m Ow mWW cast mi dtoela dtaded reseto =4 posed 4. Sec. 4.46 at de Me se Cwmly Code. rwpkw Mot ed mbW eamM notes tsen sm dimab= in `C eobaearda% ft not 06m ea apr.wM bembL 06 PAIVWD AND ADOtr= by the Board of County C,ommosianas of Monroe Ca nly.Fkw ids,oa 0*t M day of Sgxwka.2010. WUyt>r We lbIphy Yey J^), Fm'Ieel Hee;her('iflTrylthp7 Yex - .a t r commbswm Kim wjji voa Yea - ro Ca m4sio M660 1 i GeneemCD � �'. (SEAL) BOARD OF COUNTYCOM" `V Anest:DAKRY L.X01 AAGF..CLEM OF 1t4C1tV O (7 M ENW,F{URIDAOc s b ..r' r�� L. DepAy Ckwk MttyorKlsirpersoo «ONWE GI:h1pJTr 4TTQ',,;r.-., APP JQVc'jA`•T FORA1: •1! .1 uNMN7-bAU Rpw W3T Q�i;d Y�R-TCFFLY Packet Pg. 1250 C.27. EXHIBIT "G3" FORMS REQUIRED TO BE USED BY CONTRACTOR JIM)L:TM NO. 290 .2116 A 8II,60LITMN Of T1)11T BOARD OF COEWW c0 8>o01M W. of MONROZ COUNTY, FIAAiDA, APPROVING THE ANVAAL CONTROL MAIM TO BR UWD PURSUAYr TO SECTION 4.46 Of TM 7MO1MtttM CtHIK COOL WNMU.prsurmt to mowoc Cm*aw{MCC)%won 4-46.aeon oWming a violation of Chapter 4 of the MM,an a+mad tomfol A*Nvisor or animal control officer,or � any other law*abeam"nfticec,my kme a oitatiog and %IEW 1S,the uniaat 40 tro)a bltio"wW"be in rulytWWly the wee Wes as approved by Bwd rew Adina;atd 0 %+H$ 2"the animal ootiaol ckstm shwdd be Wpwvod by tt Buwrd of County Cofflow coo 1br t* pwom of txa wh* etiforcedw It of the Morse County Animal contra OMinamr;awe CL WHEREAS, Section 4.46, WC wo forth tlta reqund wimution that shall be contained in the ciiatkvn; NOW THl REFO E, it Z IT RUOLYED IW THE BOARD OF [!OLTd"IIt COWAISSMIZU OF MONR(E COUNTY,FLORIDA.THAT: I. TMe sew d K(:""y Ceasksiaaera of Neem cowty"V 0,a on W;mwi emod dads tiltsebw treneto and, pwm mt to Sri " d Ike 1,1M e Can* Coda ravdm that till axbW co■nd cosh wears we citsams is aebartilaelills the Mae hm as appwad herei4. � 06 PA.4SED AND ADOF M:D br the Board of Cousy CommWanaa of Meraoe 'a County,F)o+t on Ibis 1 Sth day oP September.2010. Wym Sylvia)&I] by you Jn?- y r 1►2rr Prn Tem tiwbff Cartldhera yen - i? Commbrio1w Kim Wigan Yei tv ca9rntit♦skAw oux1p Negptot _ e J._< b jLO Corm 6siowOr Wo Di Cm o Tom Z (S>FAI.) HOARD OF COUNTY CO1tIMl.'S� S� Meat:DAr'NY L.ROI RAGF,.(7.FR[f OF MON1L0E CXX NTY,F MMA b 4A C. BY: U Dquy C>ak .layodcl aitpason 541ONROE c %ult ry APP O.'f— T FORM GMMTItK .t SNMMT-QJIRRO75 We "AN 01N;Y�1.-!Cf.ILY Packet Pg. 1251 C.27. Board of County Commissioners,Monroe County,Florida Animal Control Division In the County Court,In and for Monroe County,Florida Citation No. Citation Date: Time: AMlP.M In the name of Moo¢oe County,Florids: the undersigned certifies that he/she had just and reasonable grounds to beliem and does believe that First Name Middle Last Name (Name of the OwnedAlleged Violator) tv Street Address City Stab zip On the day of 20 at A.M.I P.M.at W Monroe County,Florida,did eammil the following olfmse(s),contrary to laws. Facb coos6tut4 probable eausdetmxnts of offmse: U 0 (J Aniseed!Deser*dm-(IfaysYaW Name: Broad Color: Sex Spsyftiot d Age:_ ❑ANIMAL AT LARGE,SEC.4.67(a) ❑DOG BITE,SEC.4.75(f) ❑NO CURRENT RABIES VACCINATION,SEC.4.64 U ❑NO VALID COUNTY LICENSE SEC.4.65 ❑FAILURE TO PROVIDE ADEQUATE SHELTER,SEC.4-810) O DANIMAL(S)CONFINED IN VENHICLE,SEC.4.81(s) Ca ❑FAILURE TO NEUTER DOGS.CATS,RABBITS,SEC.4.69(s) ❑OTHER VIOLATION SEC.4. Where triebls is County Court; Lower Keys Divieien-Monroe County Courthouse Annex,30217leeueg Street,Kay Weal,FL.33040,or Ch Middle Keys Division-Marathon Branch Courthouse,3117 Ovetse ss Highway.,Marathon,FL 3305k or Upper Keys Division-Upper Keys Government Center.8M Overseas Highway.Planation Key.Flonda 33070 06 On: (Month) (Day).20 at AMJPALJudge: Courtroan:_ tv ❑1T IS MANDATORY THAT YOU APPEAR IN MONROE COUNTY COURT AT THE TIME AND PLACE RECORDED ABOVE ❑YOU NEED NOT APPER IN COURT ON THE DATE ABOVE,BUT MUST COMPLY W17WT THE INSTRUCTIONS ON YOUR COPY OF THIS DOCUMENT. ISSUING OFFICER: DATE: r SIGNATURE CD PRINT NAME AND TITLE: CD 1 HEREBY AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED ABOVE TO ANSWER TO THE OFFENSE(S)CHARGED OR,IF THE r OFFENSES)CHARGED DOES NOT REQUIRE A MANDATORY COURT APPEARANCE AND I DESIRE NOT TO CONTEST THE CHARGE,TO PAY A CD CV CIVIL PENALTY IN THE AMOUNT OF f IN THE MANNER SET FORTH IN THE INSTRUCTIONS ON THE BACK SIDE OF THIS CITATION. I UNDERSTAND THAT,IF I DO NOT APPEAR IN COURT TO CONTEST THE CITATION OR PAY THE CIVIL PENLTY tv WITHIN TEN(IOI DAYS OF DATE OF THIS CITATION(EXCLUDING SATURDAY.SUNDAYS AND HOLIDAYSI,I SHALL HAVE BEEN DEEMED TO WAIVE MY RIGHT TO CONTEST THE CITATION AND IN SUCH CASE JUDGEMENT MAYBE ENTERED AGAINST ME UP TO U THE MAXIMUM AMOUNT OF THE CIVIL PENALTY OF S500. 1N ADDITION.FAILURE TO COMPLY MAY ALSO RESULT IN AN ORDER TO SHOW CAUSE TO BE ISSUED FOR MY APPEARANCE IN COURT,WHICH MAY FURTHER RESULT IN BEING HELD IN CONTEMPT OF COC71T. SIGNATURE OF OWNEWALLEGFD VIOLATOR DATE SIGNATURE ISM AN AftcmoN OF GUILT (Note:Front of citation) Packet Pg. 1252 C.27. INSTRUCTIONS If the officer marked an"X"in the box preceding the words"YOU NEED NOT APPEAR IN COURT".You may answer this summons by either of the following methods: 1. If you desire to plead GUILTY or NOLO CONTENDERE(No Contest)you waist WITHIN 10 DAYS of the issue of this citation,(Saturdays,Sundays and Holidays excluded)MAIL this notice with a Cashier's Check or Money Order for the prescribed amount for the violation charged,payable to CLERK OF CIRCUIT COURT,to the address checked below, (DO NOT MAIL CASH OR PERSONAL CHECKS);or you may appear at the address checked below,between the laws of 9:30 A.M.&5:00 P.M.,Monday—Friday(Saturdays,Sundays and Holidays excluded)and pay the prescribed amount. ❑ Lows Keys Clak's Cdf mx(or Midge a Upper Keys Clerk's Office as appropdete) ¢ 5W WWWwd St.,Suite 101,Key West,Fkri&33M AMOUNT TO BE PAID:S Note: Whichever your medwd of paymaot,you must op the"PLEA OF GUILTY OR NOLO CONTENDERE AND WAIVER OF RIGHTS:'below sad return it to the Clads with your week. 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 cant at such appearance. CJ PLEA OF GUILTY OR NOLO CONTENDERE AND WAIVER OF RIGHTS CL In consideration of my not appearing in court;1.the undersigned,do hereby enter my appearance on the affidavit for the offense(s) charged on the other side of the citation.And waive the reading of the affidavit in the above named cause and the right to be present at the trial of such action. I hereby enter a plea of:❑GUILTY OR❑NOLO CONTENDERS(No Contest)for the o$ea*s) charged.I waive my right to defend against such charge(s)or to appeal any error in such proceedings. I understand the nature of the charge(s)against erne. I plead,as indicated above,to the charge(s)being fully aware that my signatum to this plea will have the same effect as judgment of this Court. m Signature Address 06 Signature of person taking waiver if presented in person Tittle:(Clerk,Deputy Clerk) r LO r N m Orate:Back of citation) Packet Pg. 1253 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: r" Animals Born at Shelter: Animals DOA: Animals Euthanized— E **number sick,injured,or dangerous Animals on Hand CL NOTES: Service Calls: *List how many,type of animal and where Bite Reports: animal was transferred Cruelty Cases: 0 COUNTY FEES COLLECTED Failure to Spay/Neuter: y Exemption License: 06 m License: Pick-Up r Boarding: LO Adoption: CD Disposal: cv Euthanasia: m Feline Leukemia test: Total County Fees Collected: $ - Other Fees Collected: Donations: REPORTED BY: Grants: Date Reported: Fundraisers: Other: $ - Packet Pg. 1254 C.27.i RESOLUTION NO. 14-089 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, APPROVING THE ATTACHED AMENDED AND RESTATED LEASE BETWEEN THE CITY AND MONROE COUNTY FOR THE ANIMAL CONTROL PREMISES; APPROVING THE ATTACHED JOINT PARTICIPATION AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, in Resolution No. 85-224, the City Commission approved a 99-year lease with Monroe County for Animal Control 0 premises on Stock Island; and CL 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 06 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA AS FOLLOWS: LO Section 1: That the attached Amended and Restated Lease cv Agreement between the City and Monroe County is hereby approved. Section 2: That the attached Joint Participation Agreement between the City and Monroe County is hereby approved. Section 3 : That this Resolution shall go into effect immediately upon its passage and adoption and authentication by the signature of the Presiding Officer and the Clerk of the Commission. Page 1 of 2 Packet Pg. 1255 C.27.i 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 . r�. Filed with the Clerk on March 20 2014 . Mayor Craig Cates Yes Vice Mayor Mark Rossi Yes Commissioner Teri Johnston Yes 0 Commissioner Clayton Lopez Yes Commissioner Billy Wardlow YesCL Commissioner Jimmy Weekley Yes Commissioner Tony Yaniz Yes 0 CRAIG CRIts, MAYOR A 06 CHERYL SMITH, ITY CLERK m m cv m U Page 2 of 2 Packet Pg. 1256 ' C.27.____' EXECUTIVE SUMMARY ,ems•`"`�►�, TO: City Commission to CC: Bogdan Vitas FR: David Fernandez Marilyn Wilbarger,RPA,CCIM DT: March 11,2014 E RE: Amended and Restated Lease Agreement and Joint Participation Agreement with Monroe County for the Animal Control Premises 0 ACTION STATEMENT: This is a request to approve an amended and restated lease agreement, and joint CL participation agreement with Monroe County providing for the re-location to another parcel of land owned by the City and utilized by the County for animal control services, and construction of a new building thereon. BACKGROUND: LEASE AGREEMENT The City previously entered into a 99 year lease agreement with the County in December of 1985 for the use of a parcel of city owned land for the purposes of providing animal control services. The original premises have reached the end of their useful life and the County together with its animal control manager are raising the funds necessary to build new facilities. The City has another vacant parcel of land adjoining the City transportation site on College Road that can accommodate a new animal control building and shelter. The re-location will provide the opportunity for the construction and completion of a new facility without an interruption of services, at an elevated site, with LO the ability to exercise the animals on the adjoining property that will be mutually beneficial. Therefore, the lease must be amended to provide for the re-location, and the original terms that remain unchanged are restated m an updated form of agreement. A cv summary of the basic terms are as follows: PREMISES: The parcel will be re-located to a site on College Road as shown on exhibit"B"of the lease containing approximately 1.02 acres. TERM: The term remains unchanged and began retroactively on the 12'b day of November 1985 and will expire in the 11 m day of November 2084. USE: The County shall be entitled to use the premises for the construction and continuous operation of the animal control program, animal shelter and related and associated uses. The Packet Pg. 1257 C.27. 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 E the lease with language that will provide for periodic updating as may be necessary throughout the term of the lase. IMPROVEMENTS: The County,under separate agreement with its animal control contractor will develop and construct an animal control facility and shelter on the re-located premises at their sole cost and expense. o The timeline and specific requirements for the development and construction of the improvements are detailed in Section 9 of the CL 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 LO wherein the County agreed to maintain an animal control program and to enforce animal ' control ordinances in exchange for the lease of City owned land.The proposed agreement has been updated to be consistent with the terms and conditions of the amended and restated lease agreement as outlined above. Further, the City will agree to cooperate with the County in making such changes to its ordinances that are reasonable and necessary as may be requested by the County to assure reasonable control by the County within the City. CONCLUSION••Staff recognizes the need and importance of the construction of new facilities and supports the re-location of the facilities pursuant to the terms and conditions proposed in the amended and restated lease agreement and joint participation agreement. Packet Pg. 1258 C.27.i JOINT PARTCIPATION AGREEMENT THIS AGREEMENT is entered into this i L14111lay ofggg,42014,between Monroe County,a political subdivision of the State of Florida(hereinafter,the COUNTY)and the CITY of Key West,a municipal corporation organized and existing under the laws of the State of Florida(hereinafter,the CITY). WITNESSETH: WHEREAS, the CITY and the COUNTY entered into a 99-year lease agreement on December 2&, 1985, whereby the CITY leased property to the COUNTY for use as an animal control facility and the COUNTY agreed to provide animal control enforcement and services in the CITY;and U 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 CL WHEREAS,the Florida Keys Society for the Prevention of Cruelty to Animals,Inc. (also referred to as "Florida Keys SPCA" or "FKSPCA") has been the animal control contractor for the COUNTY and has provided animal care and enforcement for Key West and the Lower Key since 1999;and o WHEREAS, due to the poor condition of the animal control facility, the Florida Keys SPCA has been raising funds to assist the County in building a new animal shelter and has requested that the parties support this effort by providing an appropriate site location; and WHEREAS, the CITY has agreed to amend the 99-year lease agreement with the COUNTY to include a site location for a new animal control facility to be built by the County, with the assistance of its animal control contractor, the FKSPCA and used for animal control services and enforcement for Key West and the Lower Keys;and LO WHEREAS,the parties in conjunction with the amended 99-year lease wish to enter into a new joint participation agreement to further outline the current obligations of the parties; cv NOW THEREFORE, in consideration of the mutual promises and conditions contained herein,the parties agree as follows: General Terms and Conditions 1. The CITY currently leases to the COUNTY, the tract of land, together with improvements thereon, which is described on Exhibit A attached hereto and pursuant to the terms as outlined in the 99-year lease agreement. 2. The CITY proposes to lease to the COUNTY, the tract of land, which is described on Exhibit B attached hereto and pursuant to the terms as outlined in the proposed Amended and Restated 99-year Lease Agreement. Due to the poor condition of the animal control 1 Packet Pg. 1259 C.27. 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 c, set forth in the proposed Amended and Restated 99-year Lease agreement. CL S. The parties agree to cooperate and encourage the aid and assistance of the Florida Keys SPCA and its successor in carrying out the objectives and obligations of this contract. 6. The failure of either party hereto to comply with any of its material obligations to the other party as provided for herein shall constitute a default under this Agreement. Upon o any such default, the non-defaulting party shall provide to the defaulting party a written Notice of such default, which Notice(a"Default Notice") shall state in reasonable detail the actions the defaulting party must take to cure the same. The defaulting party shall cure any such default, within 30 days following the date of the Default Notice. This provision does not waive or negate the provisions of paragraph 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 LO non-defaulting party shall not have the right to exercise its termination rights granted herein as a result of any such default, if the defaulting party commences cure within the applicable cure period and thereafter diligently pursues cure to completion of `V 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. 1260 C.27. expenses at both the trial and appellate levels) arising from the acts or omissions of the COUNTY or any third party vendor contracted by the COUNTY in connection with this Agreement. 10.Notices. All notices, requests, demands, elections, consents, approvals and other communications hereunder must be in writing and addressed as follows,or to any other address which either party may designate to the other party by mail: If to County County Administrator Monroe County ca Historic Gato Building 1100 Simonton Street CL Key West,Florida 33040 With a copy to: Monroe County Attorney's Office P.O.Box 1026 c Key West,Florida 33041-1026 If to CITY: City Manager P.O.Box 1409 Key West,Florida 33041 With a copy to: City Attorney P.O.Box 1409 Key West,Florida 33041 LO Any Notice required by this Agreement to be given or made within a specified period of time, or on or before a date certain, shall be deemed to have been duly given if sent by certified mail,return receipt requested,postage and fees prepaid, hand delivered, or sent by overnight delivery service. 11.Attorneys Fees and Waiver of Jury Trial. In the event of any litigation arising out of this Agreement,the prevailing party shall be entitled to recover its attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. In the event of any litigation arising out of this Agreement, each party hereby knowingly, irrevocably, voluntarily and intentionally waives its right to trial by jury. 12.Governing Law. 3 Packet Pg. 1261 C.27.____' This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Exclusive venue for any litigation arising out of this Agreement shall be in Monroe County, Florida, Lower Keys Division of the Circuit Court or the Southern District of Florida.This Agreement is not subject to arbitration. 13.Entire Agreement/Modification/Amendment. Subject to the Amended 99-year lease, this writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party,other than those that are expressly set forth herein. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 14.Nonassignability. This Agreement shall not be assignable by either party unless such assignment is first approved by both parties. CL 15. Severability. -- If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. 16.Independent Contractor The COUNTY and its employees,volunteers,agents,vendors and subcontractors shall be and remain independent contractor and not agents or employees of the CITY with respect to all of the acts and services performed by and under the terms of this Agreement. 17.Non-reliance by non-parties No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce or attempt to enforce any third-party claim or LO entitlement to or benefit of any service or program contemplated hereunder, and the , COUNTY and the Contractor agree that neither the COUNTY nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or cv otherwise indicate that any particular individual or group of individuals,entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in the Agreement 18. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach,or of any future violation,breach or wrongful conduct. 19.Survival of Provisions. 4 Packet Pg. 1262 C.27. 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 2 resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County CL Commissioners and CITY. If the issue or issues are still not resolved to the satisfaction of the parties,then any party shall have the right to seek such relief or remedy as may be -- provided by this Agreement or by Florida law. 22.Cooperation In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, y COUNTY and CITY agree to participate,to the extent required by the other party, in all proceedings,hearings,processes,meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CITY specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. LO 23.Non-waiver of immunity Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CITY and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 24.Privileges and Immunities All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree 5 Packet Pg. 1263 C.27. and extent to the performance of such functions and duties of such officers, agents, volunteers,or employees outside the territorial limits of the COUNTY. 25. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first written above. BOARD OF COUNTY COMIVIISSIONERS 2 MONROE COUNTY,FLORIDA CL r/Chairp - AMY HEAVILIN,C RK lad a/ Deputy left 06 THE CITY OF KEY WEST,FLORIDA ZY, Lo Crai Cate ayo ATTES N jo C VC Cl {City MONROE COUNTY ATTORNE`:�' APPROVED AS TO FORM: CHRISTINE M. LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date 4/,Lll 6 Packet Pg. 1264 C.27. Exhibit"A" Original Premises 0 CL 06 Lo CD CD u Packet Pg. 1265 C.27. EXHIBIT A From the intersection of the centerline of the south land of U.S. Highway No. 1 and the easterly abutment of the Cow Key Channel Bridge go North 71 Degrees 19 Minutes East a distance of 300 feet to a point of intersection with the approximate centerline of County Club Road; thence along said approximate centerline North 19 degrees 51 Minutes West a distance of 330 E feet to Point #1.; thence North 39 Degrees 18 Minutes West a distance of 300 feet to Point #2; thence North 30 Degrees 29 E 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 hereinCL U 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 Korth 69 Degrees 52 Minutes West, along a cyclone fence, 119.4 feet to a point; thence Northeasterly, along a cyclone fence, 149.2 feet back to the Point of Beginning, that excepting from any land 06 described herein, the building or trailer currently occupied by Billie Cheek, which property shall not be included in this lease agreement. E LO cv Packet Pg. 1266 ' C.27. Exhibit B Relocated Premises 0 CL 06 LO CD CD u Packet Pg. 1267 C.27.____,' LEGAL DESCRIPTION PARCEL F A parcel of land on and adjacent to Stock Island, Monroe County, Florida: said parcel being a part of the lands described in TIIF Deed No. 19699 (Deed Book G-52 at Page 32 of the Public Records of the said County, TIIF Deed No. 23257 (Official Record Book 269 at Page 5 I'6 of the said Public Records) and TIIF Deed No. 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 0 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 CL #5): thence N 18"4 I'l 8" W for 36.16 feet to a point of curvature of a curve concave to the Southwest; thence northwesterly on the arc of said curve having a -- radius of 265.00 feet and a central angle of 35°06'00" for 162.34 feet to a point of tangency; thence N53°47'1 VW 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 06 angle of 62°35'30" for 488. 15 feet to a point of tangency; thence N23°13'52" E for 1 122.43 feet; thence N45°30'07" E for 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 3686.55 feet and a central angle of 343'31" for a distance of 239.G9 feet; thence N41°46'36" E for a distance of 435.66 feet; thence T N48°13'24" W for a distance of 15.00 feet; thence N4 I°4G'3G" E fora distance of LO 253.63 feet to the POINT OF BEGINNING; thence N48'1324" W for a distance of 206.71 feet; thence N36°55'00" E for a distance of 251 .34 feet; thence 527°37'00" E for a distance of 243.58 feet; thence 54104G36"W for a distance of 164.71 feet back to the POINT OF BEGINNING. Described tract contains 1 .02 acres MORE OR LESS. Packet Pg. 1268 .......... Amended and Restated Lease Agreement E E between 0 The City of Key West,Florida CL U) as Landlord and Monroe County, as Tenant Dated 01,24t4— Iq I D-01 E LO C44 E U Page I of 22 Packet Pg. 1269 C.27.i This Amended and Restated Lease Agreement is made and entered into in Key West, Monroe County,Florida, this,I qa day of ft"2014,by and between THE CITY OF KEY WEST, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, whose mailing address is P.O. Box 1409, Key West, Florida, 33041, (hereinafter "LANDLORD"), and Monroe County, a political subdivision of the State of Florida, whose mailing address is 1100 Simonton Street, Key West, Florida 33040,(hereinafter"TENANT"). 2 0 Whereas,on December 20, 1985, the LANDLORD and TENANT entered into a 99 year lease agreement for a parcel of land more particularly described on Exhibit"A",which is attached hereto and incorporated by reference, to be utilized for animal control purposes -- (hereinafter"Original Premises"); and 2 0 c, Whereas, the TENANT agrees to maintain an animal control program and enforce the animal control ordinances of the City of Key West in accordance with the Joint y Participation Agreement entered into by the parties simultaneously with this Amended 06 and Restated Lease Agreement;and Whereas the LANDLORD and the TENANT now desire to relocate the demised premises referred to in the 99 year lease agreement to the parcel of land more particularly LO described on Exhibit `B", which is attached hereto and incorporated by reference (hereinafter the"Relocated Premises");and Whereas, the TENANT, through its animal control contractor, the Florida Keys Society of Prevention of Cruelty to Animal, Inc., shall construct a new animal control facility and animal shelter on the Relocated Premises(hereinafter the"Facility"). Therefore, in consideration of the covenants and promises contained herein, the parties agree as follows: Page 2 of 22 Packet Pg. 1270 C.27. 1. DEMISE. The LANDLORD does hereby lease to the TENANT, and the TENANT does hereby lease from the LANDLORD, the Relocated Premises, a parcel of land zoned for light industrial use containing 1.02acres located on College Road, Key West, Florida (hereinafter referred to as "Relocated Premises"), which is more particularly described on Exhibit B, which is attached hereto and incorporated by reference.The LANDLORD shall have unrestricted access and utilization of the fire road located within the Relocated Premises. 2. TERM. The term of this Amended and Restated Lease Agreement shall be for a period of ninety nine (99) years commencing retroactively to the I P day of U 0. November, 1985, and ending at midnight on the 111 day of November,2084. 3. RENT. The TENANT agrees to pay to the LANDLORD an annual rent 2 for the Relocated Premises of Ten Dollars ($10.00) per year, which rental amount shall be paid on an annual basis each year of the term of this Amended and Restated Lease Agreement and shall be due on the 12*day of November. 4. USE OF THE PREMISES. The TENANT shall be entitled to use the Original Premises and the Relocated Premises for the continuous operation of TENANT'S animal control facility,animal shelter and related and associated uses and for no other purpose. TENANT may enter into an agreement with a third party for the LO CD operation of the animal control facility and animal shelter and related and associated uses. In the event the TENANT does not operate the Original Premises or the Relocated cV Premises as an animal control facility, or in the event the TENANT breaches any of the terms or conditions contained in the Joint Participation Agreement entered into by the parties simultaneously with this Amended and Restated Lease Agreement, this Amended and Restated Lease Agreement shall be cancelled, be of no further force or effect, and possession of the Original Premises and Relocated Premises shall revert to the LANDLORD. In addition,TENANT further agrees: Page 3 of 22 Packet Pg. 1271 C.27. 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 E condition; C. Not to use the Original Premises or Relocated Premises or permit the same to be used for any residential purpose or permit the same to be used in any manner that violates any law, ordinance, rules, or regulation of the LANDLORD, or other governmental agencies,as existing or promulgated during the term hereof, or in a manner CL that would constitute a hazardous use of the Original Premises or Relocated Premises or violate any insurance policy of the TENANT or the LANDLORD; D. To take no action that would: (i) violate the LANDLORD's contracts or (ii)cause any work stoppage or cause any manner of interference with LANDLORD; E. To abide by and observe all rules and regulations established from time to time by the LANDLORD and the LANDLORD's insurance carver; F. To obtain and maintain all licenses,permits,and other approvals necessary to conduct the TENANT's business during the Lease term. 5. COVENANT OF QUIET POSSESSION. So long as the TENANT pays all of the rent and charges due herein, TENANT shall peaceably and quietly have, hold, ' and enjoy the Original Premises and Relocated Premises throughout the term of this N Amended and Restated Lease Agreement without interference or hindrance by the LANDLORD or LANDLORD's agents. 6. INSURANCE: INDEMNIFICATION. Insurance: At TENANT'S sole cost and expense, TENANT will secure, pay for, and file with the LANDLORD, during the entire Term hereof, an occurrence form commercial general liability policy, covering the Original Premises and Relocated Premises and the operations of TENANT and any person conducting business in,on or about the Original Page 4 of 22 Packet Pg. 1272 C.27. Premises and Relocated Premises in at least the minimum amounts with specification amounts,as may be determined from time to time by LANDLORD, to prevail if greater than minimum amount indicated. Notwithstanding any other provision of this Lease,TENANT shall provide the minimum limits of liability coverage as follows: Commercial General Liability $2,000,000 Aggregate $2,000,000 Products Aggregate $1,000,000 Any One Occurrence $1,000,000 Personal Injury c, $300,000 Fire Damage/Legal TENANT shall also procure the following insurance coverage: CL (i)"All risk"property insurance, including theft coverage, written at replacement cost value and a replacement cost endorsement insuring TENANT'S improvements and betterments, fixtures,furnishings,equipment and any other property belonging to TENANT. (ii)Workers compensation coverage as required by the provisions of Florida statute. 06 Any management agreement used by TENANT must provide that the LANDLORD does not m have any liability whatsoever for any damage which may occur on the Original Premises or Relocated Premises. The TENANT must provide the LANDLORD with a copy of any management agreement used by TENANT regarding the Relocated Premises. LANDLORD LO shall not be responsible for damage to any property belonging to TENANT or Tenant's manager. TENANT completely indemnifies the LANDLORD with regard to any claims made by any manager for any reason. From time to time during this Lease,at LANDLORD's request, TENANT shall (i) procure, pay for and keep in full force and effect such other insurance as LANDLORD shall require and (ii) increase the limits of such insurance as LANDLORD may reasonably require. Any general liability or other policy insuring the LANDLORD does not provide any contributing or excess coverage for TENANT. The policies TENANT procures for TENANT'S exposure are the only coverage available to TENANT. Page 5 of 22 Packet Pg. 1273 C.27.____,' 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. r�. 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 m 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 0 summarized above with coverage continuing in full force including the "additional insured" endorsement until at least 3 years beyond the termination of this Lease. TENANT'S insurance policies shall be endorsed to give 30 days' written notice to LANDLORD in the event of cancellation or material change, using form CG 02 24, or its 0 equivalent. c, All policies of insurance required to be carried by TENANT pursuant to this Lease shall be written by responsible insurance companies authorized to do business in Florida with an AM 06 Best rating of A-VI or better. Any such insurance required to be carried by TENANT hereunder may be furnished by TENANT under any blanket policy carried by it or under a separate policy therefore. Certificates shall be delivered to LANDLORD prior to the commencement of the Term of this Amended and Restated Lease Agreement and, upon LO renewals, but not less than sixty (60) days prior to the expiration of such coverage. In the event TENANT shall fail to procure such insurance,LANDLORD may,at its option,procure the same for the account of TENANT,and the cost thereof shall be paid to LANDLORD as an additional charge upon receipt by TENANT of bills therefore, together with an administrative fee equal to fifteen (15%) percent to cover the cost of the LANDLORD's efforts to procure such policy. Certificates of Insurance submitted to LANDLORD will not be accepted without copies of the endorsements being requested. This includes additional insured endorsements, Page 6 of 22 Packet Pg. 1274 C.27.. cancellation/material change notice endorsements, and waivers of subrogation. Copies of USL&H Act and Jones Act endorsements will also be required if necessary. Indemnification: Subject to 768.28, Florida Statutes, TENANT does hereby agree to indemnify, defend, and save LANDLORD, its respective officers, directors, agents and employees harmless from and against any and all liability for any injury to or death of any person or persons or damage to property (including adjoining property for environmental damage)in any way arising out of or connected with the conditions,use or occupancy of the m 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 0 Relocated Premises and/or the building, including reasonable attorney's fees and court costs incurred by LANDLORD in connection therewith, such legal expenses to include costs CL incurred in establishing the indemnification and other rights agreed to in this Paragraph, excepting,however, only liability caused by LANDLORD's gross negligence in its failure to perform any of LANDLORD's covenants, obligations or agreements of this Lease. Nothing 0 herein is intended to waive the sovereign immunity afforded to LANDLORD pursuant to Florida law,including section 768.28,Florida Statutes. The indemnification obligations under this Section shall not be restricted in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for TENANT under Workers' Compensation acts, disability benefits acts, or other employee benefits acts, and shall extend to and include any actions brought by or in the name of any employee of TENANT or of any third party to whom TENANT may subcontract work. This L indemnification shall continue beyond the date of termination of the Agreement. cv 7. ASSIGNMENT AND HYPOTHECATION. This Lease is not transferable or assignable, except as provided by Resolution of the Key West City Commission, whose consent may be withheld for any reason or no reason. The TENANT may not sublet the Relocated Premises or any part thereof. Any assignment, even with the LANDLORD's consent, shall not relieve the TENANT from the obligation to keep and be bound by the agreements of this Lease. The acceptance of Rent from any other person shall not be deemed to be a waiver of any of the agreements of this Lease or to be consent to the assignment for benefit of creditors or by operation of law and shall Page 7 of 22 Packet Pg. 1275 C.27. not be effective to transfer any rights to any assignee without prior consent of the LANDLORD. 8. DEFAULT CLAUSE. A. It is covenanted and agreed by LANDLORD and TENANT that in case at any time default shall be made in the payment of rent,or in case the TENANT E shall fail to keep the required insurance,or shall fail to spend insurance money, as herein provided for, or if the TENANT shall fail to perform any of the covenants of this Lease, including,but not limited to, the provisions pertaining to tenant improvements contained in paragraph 9 herein below, then, in any of such events, TENANT shall be subject to eviction pursuant to Chapter 83,Florida Statutes. CL c, B. Or,the LANDLORD may have such other remedies as the law and this instrument afford,and the TENANT covenants and agrees that upon the termination of the demised term, at such election of the LANDLORD, or in any other way, the TENANT will surrender and deliver up the Original Premises and Relocated Premises and property (real and personal) peaceably to the LANDLORD, its agent, or attorneys, immediately upon the termination of the demised term. If the TENANT, its agents, attorneys, or tenants shall hold the Original Premises or Relocated Premises or any part 06 thereof, one (1) day after the same should be surrendered according to the terms of this Lease,it shall be deemed guilty of forcible detainer of the Original Premises or Relocated m Premises under the applicable statute and shall be subject to eviction or removal, forcibly LO or otherwise. , C. Where the alleged default consists of some alleged violation of any N term of this Lease, other than the payments of money, including rent and insurance premiums, the LANDLORD may not declare this Lease in default until such violation shall have continued for thirty (30) days after the LANDLORD shall have given the TENANT written notice of such violation, and TENANT shall not have undertaken, during this thirty (30) days' notice period, to cure said violation by vigorous and 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. 1276 ' C.27. 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 o 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 06 be due under the terms of this Lease by any proceeding under same,or the right to collect any additional rent, money, or payments due under the terms of this Lease by any proceedings under same, or the right given the LANDLORD to enforce any of the terms and provisions of this Lease shall not in any way affect the right of such LANDLORD to LO declare this Lease void and the terms ended hereby, as herein provided, when default is made in the payment of rent or when default is made by the TENANT in any of the terms and provisions of this Lease. E G. If at any time,by reason of the failure of the TENANT to keep and perform any covenant or agreement which,under the terms of this Lease,the TENANT is bound and obligated to keep and perform, it becomes necessary for the LANDLORD to employ an attorney to protect the rights and interests of the LANDLORD in the Original Premises or Relocated Premises or to enforce the Lease or proceed under it in any Page 9 of 22 Packet Pg. 1277 C.27. 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. r�. 9. TENANT I M]PPROVEMENTS: TENANT agrees to develop and E construct an animal control facility and animal shelter (the "Facility") on the Relocated Premises at TENANT'S sole cost and expense and in accordance with all existing permits,restrictions and any other land use requirements including,but not limited to,the Solid Waste Closure Permit attached hereto as Exhibit "C" and incorporated by reference, and the Ground Water Permit attached hereto as Exhibit"D" and incorporated by reference. Building plans and specifications for the Facility must be approved by the LANDLORD and be in compliance with sustainable standards for government buildings as determined by the Florida Green Building Council. TENANT shall pay all fees applicable to development of the Facility, including, but not limited to, impact fees and permit fees. TENANT agrees that the site plan will be designed to provide an acceptable sound buffer from the adjoining school. TENANT shall not place structures or other improvements in that portion of Parcel F labelled "asphalt"and "dirt road" or the parcel identified as parcel "A" on the survey attached hereto and more particularly described as Exhibit"E". m TENANT shall submit an application for development plan approval of the Facility ' within 8 months of the approval of this Amended and Restated Lease Agreement. cv Thereafter, TENANT shall secure issuance of a Planning Board resolution concerning TENANT'S development plan within 150 days following submission of the application for development plan approval. Thereafter, TENANT shall secure issuance of a City Commission resolution concerning TENANT'S development plan within 60 days following the Planning Board's action on the development plan. Thereafter, TENANT shall submit an application for building permits for construction of the improvements authorized under the development plan within 180 days of the effective date of the development plan approval. ("Effective date of development plan approval"is the date Page 10 of 22 Packet Pg. 1278 C.27. of any appeal or DEO challenge to development plan approval is finally determined, and if no such appeal or challenge is filed,60 days following the rendition of the Commission resolution granting development plan approval). Thereafter, TENANT shall secure issuance of a building permit for construction of the improvements within 90 days after the building permit application is deemed complete by the chief building official. Thereafter, TENANT shall secure the issuance of a certificate of occupancy within 365 E days of the issuance of the building permit. Before a building permit will be issued as set forth above, the TENANT shall provide a performance guarantee. The TENANT shall warrant that it has the financial capability to construct and complete the project/the Facility as planned without the need to request further funding. TENANT shall confirm in writing (in the form of bank statements, a CL 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 2 permit such to be in a position to construct and complete the Facility. TENANT shall be permitted to occupy the Original Premises for the period ending 90 days from the completion of the construction of the Facility and receipt of a certificate of E occupancy. Thereafter,TENANT shall remove all improvements located on the Original LO Premises and remediate all environmental contamination on the Original Premises within 180 days of vacating the Original Premises. TENANT shall be solely responsible for all N costs and expenses associated with the demolition and removal of the existing improvements including, but not limited to, remediation of any environmental contamination. 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. 1279 C.27. HVAC equipment, and the fixtures serving the Original Premises, and all furnishings brought or placed upon the Original Premises by the TENANT; nor will the TENANT suffer or permit any strip,waste,or neglect of any such property to be committed; and the TENANT will repair, replace, and re-construct the property as often as it may be necessary in order to keep the property in good repair and condition, at TENANT'S sole cost and expense. Tenant shall only utilize licensed contractors and shall apply for all E 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 equipment, and the fixtures o g repair, the Relocated Premises the HVAC serving the Relocated Premises,and all furnishings brought or placed upon the Relocated Premises by the TENANT; nor will the TENANT suffer or permit any strip, waste, or neglect of any such property to be committed; and the TENANT will repair, replace, and re-construct the property as often as it may be necessary in order to keep the property in good repair and condition, at TENANT'S sole cost and expense.Tenant shall only utilize licensed contractors and shall apply for all permits,as required,to complete the necessary repairs. 06 11. ADDITIONAL COVENANTS OF THE TENANT. A. The TENANT shall pay for all utilities associated with the use of the Original Premises and Relocated Premises including, but not limited to, water, electricity, sewer gas and solid waste. In the event that a separate bill for the Original ' Premises or Relocated Premises is not available for one or more of the utility services cv required by the Original Premises or Relocated Premises, then the TENANT shall pay a pro-rated share of that particular utility based on the square footage of the Original E Premises or Relocated Premises and/or the parties' estimated usage of that particular utility,calculation of which to be mutually agreed upon. B. The TENANT covenants and agrees with the LANDLORD that no damage or destruction to any building or improvement by fire, windstorm, or any other casualty shall be deemed to entitle the TENANT to surrender possession of the Original Premises or Relocated Premises or to terminate this Lease or to violate any of its Page 12 of 22 Packet Pg. 1280 C.27. 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. E In the event of destruction of the Premises by casualty or hazard, the LANDLORD will have the option of canceling the Lease. C. The TENANT covenants and agrees with the LANDLORD that nothing in this Lease shall ever be construed as empowering the TENANT to encumber or cause the TENANT to encumber the title or interest of the LANDLORD. CL 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 o improvements located thereon, as well as all fixtures thereto provided by LANDLORD. TENANT shall retain ownership and possession of all fixtures, equipment, and other tangible personal property located thereto provided by TENANT or its agents.. E. The TENANT agrees not to make any changes or alterations to the Original Premises without written approval of the LANDLORD. 12. LANDLORD'S RIGHT OF ENTRY. The LANDLORD or its agents N shall have the right to enter upon the Original Premises and Relocated Premises at all reasonable times to examine the condition and use thereof, provided only that such right E shall be exercised in such manner as not to interfere with the TENANT in the conduct of the TENANT's business on the Original Premises or Relocated Premises. 13. FIXTURES, EOUIPMENT AND SIGNS. AND OTHER TANGIBLE PERSONAL PROPERTY. All fixtures, equipment, signs, and other tangible personal property used on the Original Premises and Relocated Premises by the TENANT but Page 13 of 22 Packet Pg. 1281 C.27. 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 CL expense of repairing damage caused by such removal. 14. ACCEPTANCE IN AS-IS CONDITION. The TENANT accepts the Original Premises and Relocated Premises in an as-is condition and all improvements and additions shall be at the sole expense of the TENANT. 15. NO MECHANIC'S LIENS. It is hereby covenanted, stipulated and agreed by and between the parties hereto that there shall, during the demised term,be no mechanic's liens upon any buildings or improvements that may at any time be put upon the Original Premises or Relocated Premises,and that in case of any mechanic's liens the TENANT must pay off the same; and that if default in payment thereof shall continue for thirty(30)days after written notice,LANDLORD shall have the right and privilege, at its option,to pay off the same or any portion of the same, and the amount so paid,including expenses, shall at the option of the LANDLORD, be so much additional rent due from E the TENANT at the next rent due after such payment, with interest thereon at the maximum rate allowed by law. Nothing herein shall be construed to admit that a mechanic's lien may be enforced against municipal property. 16. MISCELLANEOUS PROVISIONS. It is mutually covenanted and agreed by and between the parties as follows: Page 14 of 22 Packet Pg. 1282 C.27. 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 E 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 o provision hereof shall be of any force,effect,or value unless in writing and signed by the CL 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 E between the representative parties in any way touching the subject matter of this LO instrument which are not expressly contained in this instrument. G. That when either of the parties desire to give notice to the other or cv others in connection with and according to the terms of this Lease, such notice shall be deemed given when it shall have been deposited in the U.S. Registered or Certified mail 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. 1283 C.27. With a copy to: Monroe County Attorney's Office P.O.Box 1026 Key West,Florida 33041-1026 If to Landlord: City Manager P.O.Box 1409 Key West,Florida 33041 With a copy to: City Attorney P.O.Box 1409 Key West,Florida 33041 When the parties on either side(LANDLORD or TENANT)consist of more than one person, notice or default by one of the persons on that side shall constitute notice or default by all of the persons on that side. 0 H. This Lease and the provisions thereof shall be governed by and construed and enforced in accordance with the laws of the State of Florida; venue for any action regarding this Lease shall be in Monroe County,Florida. IN WITNESS WHEREOF, the parties hereto have caused the foregoing Amended and Restated Lease Agreement to be executed on the day and year first above written. BOARD OF COUNTY COMMISSIONERS MONROE COUNTY,FLORIDA N z6yor/c erso AMY HEAVILIN,C RK I4; r MONROE COUNTY ATTORNEY av APPROVED AS TO FORM: Deputy Clerk7� cHRts IT NE M. UMBERT-BARROWS ASSISTANT JCOUNTY ATTORNEY Page 16 of 22 Date Packet Pg. 1284 .......... THE CITY OF KEY WEST,FLORIDA BY: CraiiCatig,Mayor ATTE E E ci (City S CL U) 06 E LO C44 E u Page 17 of 22 Packet Pg. 1285 ............... Exhibit"All Original Premises E E 0 CL U) 0 06 E LO CD CD C44 E u Page 18 of 22 Packet Pg. 1286 C.27. EXHIBIT A From the intersection of the centerline of the south land of U.S. Highway No. 1 and the easterly abutment of the Cow Key Channel Bridge go North 71 Degrees 19 Minutes East a distance of 300 feet to a point of intersection with the approximate centerline of County Club Road; thence along said approximate centerline North 19 degrees 51 Minutes West a distance of 330 feet to Point #1; thence North 39 Degrees 18 Minutes West a distance of 300 feet to Point #2; thence North 30 Degrees 29 m Minutes West a distance of 265 feet to Point #3; thence North 03 Degrees 13 Minutes West a distance of 152 feet of Point #4; c 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 CL 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 o West, along a cyclone fence, 120.1 feet to a point; thence North 69 Degrees 52 Minutes West, along a cyclone fence, 119.4 feet to a point; thence Northeasterly, along a cyclone fence, 149.2 feet a back to the Point of Beginning, that excepting from any land 06 described herein, the building or trailer currently occupied by Billie Cheek, which property shall not be included in this lease agreement. LO cv c Packet Pg. 1287 C.27. Exhibit B Relocated Premises 0 CL 06 LO CD CD cv u Page 19 of 22 Packet Pg. 1288 C.27. LEGAL DESCRIPTION PARCEL F A parcel of land on and adjacent to Stock Island, Monroe County, Florida: said parcel being a part of the lands described in TIIF Deed No. 19699 (Deed Book G-52 at Page 32 of the Public Records of the said County, TIIF Deed No. 23257 (Official Record Book 269 at Page 5 It of the said Public Records) and TIIF Deed No. 24067 (Official Record Book 355 at Page 32 of the said Public Records; the said parcel of land lying entirely within the composite of the said TIIF Deeds referred to above: the said parcel lying within Sections 26 and 27, Township 67 5oath, Range 25 East; and the said parcel of land being described by metes and bounds as 0 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 CL #5); thence N 18"41'18" W for 36. 16 feet to a point of curvature of a curve concave to the Southwest; thence northwesterly on the arc of said curve having a -- radius of 265.00 feet and a central angle of 3510GW for 162.34 feet to a point of tangency; thence N53"47'18" W for 272.56 feet to the point of curvature of a curve concave to the Northeast; thence northwesterly on the arc of said curve having a radius of 361 .02 feet and a central angle of 14" 25' 40"for 90.91 feet to a point of tangency; thence N39"21'38" W for 273.51 feet to the point of curvature of a curve concave to the Northeast; thence northwesterly on and northeasterly on the arc of said curve having a radius of 446.85 feet and a central angle of 62"35'30" for 488. 15 feet to a point of tangency; thence N23"13'52" E for 1 122.43 feet; thence N45030'07" E for 276.04 feet to a point of curvature of a curve concave to the Northwest; thence northeasterly on the arc of said curve having a radius of 3686.55 feet and a central angle of 3"4331" for a distance of 239.69 feet; thence N4 I"4G'36" E for a distance of 435.66 feet; thence LO N48"1324"W for a distance of 15.00 feet; thence N4 I"46'3G" E for a distance of 253.63 feet to the POINT OF BEGINNING; thence N48"13'24" W for a distance of 206.71 feet; thence N36"55'00" E for a distance of 251 .34 feet; thence 527"37'00" E for a distance of 243.58 feet; thence 541"403G"W for a distance of 164.71 feet back to the POINT OF BEGINNING. Described tract contains 1 .02 acres MORE OR LE55. Packet Pg. 1289 C.27.i Exhibit C Solid Waste Closure Permit E E 0 CL U) 06 E LO C44 E U Page 20 of 22 Packet Pg. 1290 C.27.____,' APPENDIX 10 FDEP Concurrence Letter " 0N Florida Department of Governor Environmental Protection Jennifer Carroll South District Lt.Governor P.O.Box 2549 Fort Myers,FL 33902-2549 Herschel T.Vinyard Jr. ImsSecretary April 18,2011 City of Key West c/o Jay Gewin,Utilities Manager E-mailed to: jgewin®keywestcity.com 525 Angela Street Key West,Florida 33M 0 Subject: Site Assessment Flan Approval FDEP Facility ID:WACS 7%36 CL Former Southernmost Waste-to-Energy Facility 5701 College Road -- Key West Florida,Monroe County Dear Mr.Gewin: The Waste Management Section has reviewed the Interim Remedial Action Report document(IRAR),submitted for the former Southernmost Waste-to- Energy Facility on behalf of the City of Key West,and prepared by CH2M Hill, 06 dated April 1,2011;along with supplemental information stored in the Florida Department of Environmental Protection(the Department)OCULUS system for the Facility ID:WACS 79636. The Department recommends that 2(two)additional monitoring wells be added to the groundwater monitoring plan and placed outside the footprint of the ash LO transfer building on the the North West and South East side's as indicated on the attached drawing(Attachment 1)and that Thallium and Arochlor(PCB)be added to the list of monitoring parameters. With the inclusion of the above recommended additional monitoring wells and parameters,the Department finds that the documents submitted are adequate to meet the site assessment requirements of Rule 62-780.600 Florida Administrative Code(F.A.C.). The Department has determined that the actions proposed in this WAR represent a reasonable strategy toward accomplishing the site assessment objectives of Chapter 62-780,F.A.C.and are compatible with the City's intended future use,which include plans to relocate their existing downtown Key West Department of Transportation bus maintenance building and facilities(Transit Facility)to the Southernmost Waste-to-Energy(SWTE)Facility site located at Packet Pg. 1291 C.27. City of Key West FDEP Facility ID:WACS 79636 April 18,2011 Page 2 of 2 Stock Island. Pursuant to paragraph 62-780.600,F.A.C.,The Department approves the IRAR subject to the addition of the recommended groundwater monitoring wells and additional parameters. Groundwater monitoring at this site shall continue for an indefinite period of time,however,should the City of Key West desire to achieve final closure for the site at some future date and pursue a No Further Action(NFA)in accordance with Chapters 62 780.690 and 62-780.700,F.A.C.,a subsequent phase of remedial design will be necessary. CL 1f you have any question,please feel free to call me at(239)344-560. Whenever possible,please submit written documentation to*=.harcourt®de.state.fl.us and include the WACS ID number in your correspondence. Sincerely, 0 James Harcourt,P.G.II Florida Department of Environmental Protection South District,Waste Management LO Attachment cc: R.J.Bruner III,P.B.CH2M Hill(via e-mail to bo.bruner®ch2m.com) Bill Krumbholz(via e-mail to bill.krumbholz®dW.state.fl.us) Barbara Nevins(via e-mail to barbara.nevins@dCR.state.fl.us) Packet Pg. 1292 C.27.____,' Attachment I ` CL 0000 � I � , 1 1 til'Fjilt06 I b LO • i : w r � .�,t�,'jt r',••'�� :.'!. ; `1%• '�pYf ,�,� 11 ( If 1 i 14 Packet Pg. 1293 Exhibit D Ground Water Permit E E 0 CL U) 0 06 E LO CD CD C44 E U Page 21 of 22 Packet Pg. 1294 C.27.____,' APPENDIX 10 FdEP Concurrence Letter M Scott Florida Department of Go„ Environmental Protection Jennifer Carroll South District Lt.Governor P.O.Box 2549 Fort Myas,FL 33902-2549 Herschel T.Vinyard Secretary April 18,2M1 City of Key West c/o Jay Gewin,Utilities Manager &mailed to: Jggwin@key&estcily.com 525 Angela Street Key West,Florida 33040 0 Subject Site Assessment Plan Approval FDEP Facility ID:WACS 79636 CL Former Southernmost Waste-to-Energy Facility 5701 College Road -- Key West,Florida,Monroe County Dear Mr.Gewin o The Waste Management Section has reviewed the Interim Remedial Action Report document(IRAR),submitted for the former Southernmost Waste-to- Energy Facility on behalf of the City of Key West,and prepared by CH2M Hill, dated April 1,2011;along with supplemental information stored in the Florida Department of Environmental Protection(the Department)OCULUS system for the Facility ID:WACS 79636. The Department recommends that 2(two)additional monitoring wells be added to the groundwater monitoring plan and placed outside the footprint of the ash LO transfer building on the the North West and South East side's as indicated on the ' attached drawing(Attachment I)and that Thallium and Arochlor(PCB)be N added to the list of monitoring parameters. With the inclusion of the above recommended additional monitoring wells and parameters,the Department finds that the documents submitted are adequate to meet the site assessment requirements of Rule 62-780.600 Florida Administrative Code(F.A.C.). The Department has determined that the actions proposed in this MAR represent a reasonable strategy toward accomplishing the site assessment objectives of Chapter 62-780,F.A.C.and are compatible with the City's intended future use,which include plans to relocate their existing downtown Key West Department of Transportation bus maintenance building and facilities(Transit Facility)to the Southernmost Waste-to-Energy(SWTE)Facility site located at Packet Pg. 1295 C.27. 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. CL If you have any question,please feel free to call me at(239)344-56K Whenever possible,please submit written documentation to james.harcourt0deR.state.fl.us W and include the WAGS ID number in your correspondence. Sincerely, James Harcourt,P.G.II Florida Department of Environmental Protection South District,Waste Management LO Attachment cc: R J.Bruner III,P.E.CH2M Hill(via e-mail to bo.bruner@ch2nn.com) `V Bill Krumbholz(via e-mail to bill.kr%unbholz®dep.state.fl.us) Barbara Nevins(via e-mail to barbara.nevins@dep.state.fl.us) Packet Pg. 1296 ' Attachment I •'i7ht,L.Y•'•..�:4.v3 yA{,��- Y ' .�"_� �iE?li�l(Ii�Ti'� 1 :.fCL o IRA .. •• ./y 4.•`�s• f Mom" t = 3 � _ Ch CD t I 11 1� • Ch f ; 11111 1 tit rl , , j : ;�• , �,' LO is cu Packet Pg. 1297 C.27.____,' APPENDIX 11 Environmental Resource Permit SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE STANDARD GENERAL PERMIT NO.41-00076-S DATE ISSUEDAugust 23,2010 Foam i0941 OL%5 PERMITTEE: CITY OF KEY WEST 604 SIMONTON STREET KEY WEST,FL 33040 PROJECT DESCROMON: Modification of Pemlit No. 44-00076-5 for the construction and operation of a surface water management system to serve a 3.86 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 NoA. See attached Rule 40E4.321, Florida Administrative Code. CL This Is to noft you of the Dlsmift agency solm onnowft Notion of hdard for PoW ApplosUm No.09M7.6,dated June 17.2W9. Tthb aclort is Woes pwwArd m Ruts 40E-1.603 and Chspler40E40,Rodds A*Wnkbatiw Coda(FAC.). awed on the Womotim WmAded,DbWa Mee have bow adhared to and an EnviremonUd Resource General Perndt Is in of el for ahb Poled Afted to: 1. Not rocel ft a Mod request for a Chapter 120,Florida SWules.admkhbtrative heerkv. 2. the attached 19 Genaai Condulom (Sae papas: 2-4 of 6). 3. the stW4hed 14 SpecW CondlOwe(See Pages: 5-6 of 0)and 4. the agached 2 BWWs) 0) Should you object to then corKO ns,please refer to the studrod Titles of RVAs'which addresses Un procedures to be followed N you 06 dedre s put fic hearkg or otter review of pre proposed psncy action. Plem earMe -dit oM=N you haw any puesUm coneernkV this reader. If we do not hear from you In woordanon wkh the'Nome of Rights,'we wO sa me OW you concur with In Di vws motion. � 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 09)no later than 5:00 p.m.on this 23rd day of August,2010.In accordance with Section 120.60%,Florida S ut BY: Anita .61n Director-Environmental Resource Permitting Division Palm Beach Service Center Certified mail number 7009 2250 0003 1260 9165 Page 1 of 6 Packet Pg. 1298 C.27. Appkelon No.: 090 17-a Page 2 of 4 GENERAL CONDITIONS 1. AN activities authorized by this permit shall be implemented as set forth in the plans,specifications and performance alterta as approved by this permit. Any deviation from time permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV,Chapter 373. F.S. 2. This permit or a copy thereof.complete with all conditions,attachments,exhibits,and modifications shag r� be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff.The permittee shall require the contractor to review the complete permh prior to commencement of the activity authorized by this permit 3. Activities approved by this permit shall be conducted In a manner which does not cause violelions of State water quality standards. The permittee strati implemernt best management practices for erosion and ` pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction,and permanent conb measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be Installed and malydained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work Turbidity barriers shall remain in place at all locations until constriction is completed and soils are stabilized and vegetation has been established. AN practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual;A Guide to CL Sound Land and Water Management(Department of Environmental Regulation, 1988� incorporated by _ reference in Rule 40E-4.091, FAC. unless a prvjed spec i is erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shell be responsible for the removal of the barriers. The permittes shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit Is issued At least 48 hours prior to commencerment of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement 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 pennittee shall submit construction status �+ reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. 06 6. Within 30 days after completion of construction of the permitted activity,the pem4tee shall submit a written statement of completion and certification by a professional engineer or other Individual authorized by law, utilizing the supplied Environmental Resource/SurMce Water Management Permit Construction CompletioNCertifficadon Forum Number 0881A. or Environmental Resource/Surface Water Menagenreirt Permit Construction Completion Certification-For Projects Permitted prior to October 3,1995 Form No. 0881B, incorporated by reference In Rude 40E-1.659, F.A.C. The statement of completion and cerHBrxdion shall be based on onsite observation of construction or review of as-built drawings for the LO purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved drawings are discovered during the certification process,the certi6Cation must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be dearly shown. The plane must be dearly labeled as"as•bullr or"record" drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor. E 7. The operation phase of this permit shall not become effective:until the permfites has complied with the requirements of condition(6)above,and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase.Form No.0920;the District determines the system to be in compliance with the permitted plane and specifications;and the entity approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Packet Pg. 1299 C.27. Appkw boo No.: 080617-6 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 lnitio%transfer of the permit to the approved responslole operating entity If dtiferent from the permittes. Until the permit is transferred pursuant to Section 40E 1.6107,F.A.C.,the permittee shall be liable for compliance with the terms of the r" permit. j tl. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and penM conditions prior to the initiation of the permitted use of site hnfrastrudure located within the area served by that potion or phase of the system. Each phase or Independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local goverment or other responsible entity. 9. For those systems that will be operated or maintained by an entky that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, U such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the U Basis of Review, for Environmental Resource Permit applications wiNlkr the South Florida Water CL Management DWct,prior to lot or units sales or prior to the completion of the system,whichever comes Y first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of Stele,county or municipal entities.Final operation and maintenance documents must be received by the District when maintenance end operation of the system Is accepted by the local government entity. Failure to submit the appropriate final documents will result In the permttee remaining cable for carrying out maintenance and operation of the permitted system and any other permit conditions. c 10. Should any other regulatory agency require changes to the permitted system,the parities shall notify the District in writing of the changes prior to implernertation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal,state.local and special district authorizations prior to the start of any activity approved by this permiL This permit does not convey to the 06 permittee or create in the per Ittee any property right,or any Interest in real properly.nor does It authorize any entrance upon or activities on property which is not owned or controlled by the permittee,or convey any rights or privileges other than those speciied In the permit and Chapter 4CE-4 or Chapter 40E-40, F.A.C.. m 12. The permittee Is hereby advised that Section 253.77,F.S.states that a person may not commence any excavation,construction,or other activity involving the use of sovereign or other lands of the State,the title , to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the LO required lease.license.easemenrt,or other form of consent authorizing the proposed use. Therefore,the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. 13. The pemddee must obtain a Water Use permit prior to construction dewatering,unless the work qualifies for a general permit pursuant to Subsection 40E-20.302(3),F.A.C.,also known as the Tb Notice•Rule. 14. The permittee shall fold and am the District harmless from any and all damages. claims, or liabilities which may arise by reason of the construction,alteration,operation,maintenance.removal,abandonment or use of any system authorized by the permit 15. Any delineation of the extort of a wetland or other surface water subndtted as part of the permit Packet Pg. 1300 C.27. App4atlan No.: 090e17-e Pago4of6 GENERAL COMMONS application,including plans or other supporting documentation,shag not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S.. provides otherwise. 18. The pewee shall notify the District in writing within 30 days of any sale,oomeyance,or other transfer of ownership or control of a permitted system or the real properly on which the permitted system Is located. r�- All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E 1.6105 and 40E-1.6107, FAC.. The permittee transferring the permit shag remain liable for corrective actions That may be required as a result of any violations prior to the sale,conveyance or other transfer of the System. 17. Upon reasonable notice to the pemmilfes. District authorized staff with proper iderAcation shall have permission to enter, inspect. sample and test the system to insure conformity with the plans and specifications approved by the permit. 1a. N histoIcel or archaeological artifacts are discovered at any time on the project site, the permittee shag immediately notify the appropriate District service center- ' 19. The permittee shall Immediately notify the District In writing of any previously submitted Information that is later discovered to be Inaccurate. CL r� W 0 CJ 06 m LO CN Packet Pg. 1301 C.27. e i Applasim No.: OKS17-6 �� P.ye s ore SPECIAL CONDITIONS ` 1• The construction phase of this permit shall expire on August 23.2016. 2. Operation of the surface water management system shall be the responslbhily of the permittee. 3. Discharge Facilities: 1-2'W X 2'L drop Inlet with crest at elev.5.65'NGVD 29. r� 12'da.drop Inlet with crest at elev.7 NGVD 29. Receiving body:Groundwater Table Control elev:2.5 feet NGVD 29.12.5 FEET NGVD 29 DRY SEASON. 4. The penmlttee shall be responsible for the correction of any erosion, shoaltrhg or water quality problems that result from the construction or operation of the surface water management system. S. Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do not oaxrr to the receiving water. 8. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. CL 7• Facilties other than those stated herein shall not be constructed without an approved modification of thle permit 8. A stable.permanent and accessible elevation reference shall be established on or within one hundred (100)feet of all permitted discharge structures no later than the submission of the certification report The location of the elevation reference must be noted on or with the certification report. 9. The penMtiee shall provide routine maintenance of all of the components of the surface water e management system In order to remove all trapped sedhnents/debris. AN materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. y 10. If prehistoric or historic artifacts,such as pottery or ceramics,state Gods or metal implements,dugout canoes,or any other physical remains that could be associated with Native American cultures,or early 06 colonial or American settlement are encountered at any time within the pmjeat site area,the permitted project should cease all activities involving subsurface disturbance in the Immediate vicinity of such discoveries.The permittee,or other designee,should contact the Florida Department of State.Division of Historical Resources.Review and Compliance Section at(850)245-M or(8W)$47-7278.as well as the appropriate permitting agency office.Project activities should not resume without verbal and/or written auftwizadon from the Division of Historical Resources. In the event that unmarked human remains are encovintered during permitted activities,all work shall stop Immediately and the proper authorities notified in accordance with Section 872.05.Florida Statutes. LO 11. The permtee acknowledges that, pursuant to Rule 40E-4.101(2), FAC., a notice of Environmental Resource or Surface Water Management Permit may be recorded in the county public records. Pursuant to the specific language of the rule, this notice shall not be considered an encumbrance upon the cv prope1ty. 12. Minimum building floor elevation: 12.0 Feet NGVD 13. Sot fence shah be utilized during constnrctionand shall be installed and property 'trenched" etc. in accordance with Exhibit 2.AN areas shall be stabilized and vegetated Immediately after construction to prevent erosion into the wetlands and other surface waters. 14. The permittee shall install a chain link fence around the entire perimeter of the project site,which will Packet Pg. 1302 C.27. ;s Appk ebml No.: ONS17.6 Pope 6 of 8 SPECIAL CONDITIONS eliminate or minimize secondary adverse impacts to the mangrove wetlands located along the southwest side of the project site.as shown in Exhbk 2. The fence shall be maintained in perpetuity. t " 0 "' C) OL Ill W q ®®006 VuJ pp W p�9 W q W q W LO N Packet Pg. 1303 1 . rj :3 • . SURFACE WATER MANAGEMENT CHAPTER 40E,4(4194) 40E-C321 Duration of Permits � (1) Unless revoked or otherwise modtied pursuant to Rules 40E-4.331 and 40E-4.441, FA.C.,the duration of a surface water management permit issued under this chapter is as follows: rz 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 valld until final action is taken on the application. If the application is granted.then the Conceptual Approval-is valid for an additional two years from the date of Issuance of the construction and operation permit. E `0 Conceptual Approvals which have no applications for construction and operation filed for a period of two years will expve automatically. (b) Five years from the date of issuance for a construction permit. (c) Perpetual for an operation pemllt. r (2) The Governing Board shall issue permitextensions provided that a perrlittea fries a c written uest On District showing good cause. For the rule, a set of extenuating with circumstances a of the control of the purpose�this We good cause chap mean which shall Include documentation of the extenuating circumstances and ho*they have delayed thsts for is CL project,will not be accepted more than 100 days prior to the expiration date. (3) For a Conceptual Approval fled concurrently with a development of regional Impact(DRI) .� t� applicatton for development approval(ADA)and a local government comprehensive amendment,the s� duration of the Conceptual Approval shall be two years from whichever one of Mlle folllowi v cocurs at the F latestdati: (a) the effective date of this local government's comprehensive plan amendment, (b) .Ihe effective date of the local government development order,or 1c) the date on which the distri0t Issues the Conceptual Approval.or (d) the latest date of the resolution of any Chapter 120 or other legal appeals. (4) Substantial moffeadons to Conceptual Approvals will extend the duration of-the v, .Conceptual Approval for two years from the date of Issuance of the modification: For the purposes;of this section,the term"substantial moditaUW shall mean a mofication which is rtasdinably expected to06 , lead to substantially differenl water resource or environmental Impacls which require a detailed review. •(s) Modlrications to construction perinl'ts issued pursuant to a formal permit application extend the duration of the permit for three years from the date of Issuance of do modification.- Construction permit modifications do not extend the duration of a Conceptual Approval. (6) Permit modifications issued pursuant to subsection 40E•4.331(2)(b),FA.C.(letter modifications)do not extend the duration of a permit. SP�Cft VLAW*373.044.373.113 F.S.La.NapWwtsd 373.413,373.4160)F.S.Irisb"vw 9.3.81,Menial 1•'1-12,12-1• e 82.Fc mwr 1aK•4.0714),M UMW 7.141a,41l K. . r CD N Packet Pg. 1304 C.27. :s 1 NOTICE OF RIGHTS As required by Sections 120.569(1),and 120.60(3), Fla.Slat.,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 b consuft an atbmey regarding your legal rights. RIGHT TO REQUEST ADMItIiSTRATIYE HEAR= � A person whose substantial Interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right b request an administrative hearing on that action pursuant to Sectk= 120.569 and 120.57, Fla. Slat Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk ._ within 21 days of receipt of written notice of the decision,unless one of the following shorter time periods ca appW. 1) within 14 days of the notice of oonsolidaled Intent b grant or deny conc u entiy reviewed applications br environmental resource pemuts and use of sovereign submerged lands pursuant to Section CL 373.427, Fla. Slat.; or 2) within 14 days of service of an Administrative Order pursuant to Subsection r 373.119(1),Fla Stat. 'Receipt of writt notice of agency decision'means receipt of either written notice �- '' through mail,or electronic mail, or posting that the District has or intends b take final agency action, or Mblicadw of nodoe that the District has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and falls to file a written request for hearing within the timeframe desalbed above waives the right to request a hearing on that decision. Flung Instructions The Petition must be filed with the Office of the District Clerk of the SFWMD.Flings with the District Clerk may be made by mail,hand-delivery or facsirrhNe. tangs by e-nWI will not be accepted. Any person 06 wishing to receive a clerked copy with the dale and We stamped mist provide an additional copy. A petition for administrative heating Is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters In West Palm Beach,Florida. Any document received by the office of the SFWMD Clark attar 5:00 p.m.shall be filed as of 8:00 a.m.on the next regular business day. Additional filing instructions are as follows; LO • Filings by mail must be addressed to the Office of the SFWMD Clerk,P.O.Box 24660,West Palm Beach,Florida 33416. • Flings by hand4e6vegr must be delivered b the Otfioe of the SFWMD Clerk. Delivery of a petition to the SFWWs security desk does not constNub filing.To onset proper fang,E will be necwsewy b request the SFi Kit semrky officer to c or6 d the Clerk's office. An employee of the SFWMD's Clerk's office will receive and file the petition. • Filings by facsimile must be transmitted to the SFWMD Clerk's Office at(561)682.6010. Pursuant ID Subsections 28-106.104(7), (8) and (9). Fla. Admin. Code, a party who files a document by facsimile represents that the original physically signed document will be retained by that party for the duration of that prooesding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption,or interruption of the electronic signals and accepts the full risk that the document may not be properly flied with the dark as a result. The fling date for a document fled by facsimile shag be the date the SFWMD Clerk receives the complete docurrnerrL Rev.07101rmos 1 Packet Pg. 1305 C.27. .J Initiation of an Administrative Hearing Pursuant to Rules 28-106201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and an 8 and 112 by 11 Inch white paper. �s All 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 petiGoner's representallive,ti any. 3. An explandon of how the petitioner's substantial interests will be affected by be agency ' determination. 4. A statement of when and how the petitioner received notice of the SFWMIYs decision. 5. A statement of all disputed issues of material tact. if there are none,the petition must so indicate. 6. A cornclse statement of the ultimate fads degW, Including the specific fads the petitioner contends warrant reversal or modification of the SFWMD's proposed action. �i t=' 7. A statement of the specific ivies or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. CL 8. If disputed issues of material fact exist,the statement must also include an explanation of how the ' alleged fads relate to the specific rules or statutes. 9. A staterreM of the relief sought by the ped inner,stating precisely the action the petitioner wishes r the SFWMD to lake with respect to the SFWMI7s proposed action. A person may file a request for an extension of time for filing a petition. The SFWMD may,for good cause, �i grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerting the extension and that the SFWMD and any other parties agree to or oppose the extension.A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If the District takes action wide substantially different impacts on water resources from the notice of intended agency decision, tine persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28-106.111.Fla.Admin.Code,unless otherwise provided by law. LO won The procedures for pursuing mediation are set forth in Section 120.573, Fla.Stat.,and Rules 26-106.111 and 28-106.401-.405, Fla Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573,Fla.Stall.,at this time. RMIT TO SEEI(dUDiC&REVIEW Pursuant to Sections 120.60(3)and 120.68,Fla.Stet,a party who is adversely affected by final SFWMD action may seek judicial review of tine SFWMD's foal decision by tiling a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate strict where a party resides and tiling a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. Rey.07rolrm 2 Packet Pg. 1306 ' C.27. orp staff_reporLrdf Last Date For Ag ency Action: October 4,2010 GENERAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT Project Name: City Of Key West Public Transportation Facility ram. Permit No.: 44-00076-S Application No.: 090617-6 Application Type:Environmental Resource(General Permit Modification) Locadon: Monroe County, S47/T67 IME Pormittes: City Of Key West Operating Entity: City Of Key West Project Area: 3.86 acres c U Projed Land Use: Govemment CL Drainage Basln: GULF OF MEMCO " Receiving Body: Groundwater Table Class:WA �-- ��' Special Dralnape District: NA Conservation Easement To District: No Sovereign Submerged Lands: No tic ?r ` This application Is a request for modification of Permit No.44-OW76S for the construction and operation of a surface water management system to serve a 3.86 acre municipal development known as City of Key West Public Transportation Faddy. 06 m , cv App.rro : 090617-8 Paps 1 Ora Packet Pg. 1307 C.27. Wp Ma repat.rdf AS PROJECT EVALUATION: r� The site Is located on the north side of East Junior College Road and on the south side of the Stodc r' Island landfill,on Stodc island in the City of Key West,Monroe County.as shown on Exhibit 1. r� c': The 3.86 acre project site currently contains a City of Key West resource recovery plant and ash transfer � station.for which the surface water management system was previously permitted by the District under Permit No.44-OW76S,Application No.921027-8. 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 Soak Island IandfiY. City of Key West LRMties.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 prolL giffl .., ,. CL Ram Via:. w W The project Includes constructing a surface water management system that will serve a new pubic r:r transportation facility for the City of Key West Department of Transportation,as shown on Exhibit 2. The ? facilky will Include a 2-story adrrinistrative office building. parking. service bays for buses. and a bus washing slalom 0 The proposed surface water management system will corWet of site grading and stormwater Inlets that will direct all runoff to a series of buteroonneded dry retention areas for water quality treatment.After treabnent,the runoff will be directed to a drainage well for final disposal. No wetlands or other surface waters located adjacent to the project site on the southwest side of the site WE be adversely affected by the proposed project_ Specifically,the perridlee will install and maintain a 06 chain link fence around the entire perimeter of the project site,which will eliminete or minimize secondary adverse Impacts to the mangrove wetlands located along the southwest side of the project site,as shown in Exhhbk 2 and in accordance with the special conditions of this permit. g09�� ,�' +`tkigot�✓."�.`�'1+:its. r LO Construction: Project: This Phase Total Project c4 Dry Retention Areas .45 .45 acres E Impervious 2.32 2.32 auras Pervious 1.09 1.09 saw Total: 3.86 3.86 } j �' ��� } .� „.F r;'`.'��i'. .�.a s.z;" .• _�'r:';irs. ,<wl.W�`a.�N7N3.xt� ..L Discharge Rift: App.no.: 0e0617.6 Pape 2 cf 6 Packet Pg. 1308 staff report.rdf :L The surface water management system has been designed to retain the volume of runoff from the 25 yead3 day storm event onette.Final disposal of the runoff is to a dralnege well. Control Elevation Basin Area Ctr1 EIW WSW Chi Elsv Method Of .; (Acres) (it,NGVD 29) (it,NM 29) Determination m KW Transport Fac. 3.86 2.5/2.5 2.50 Previously Permitted J Receiving Body: Basin str.9 Recehdng Body ? Kw Transport Fee. Well Box(G Groundwater Table c CJ MafOt structures: Note:The units for all the elevation values of structures are (ft,NGVD 29) i inlets: CL Basin 8tr9 Count Type Width Length Din. Crest Elev. ' KW Transport Fac. Well Box 1 Drainage Well 2' 3 (Gw 1) KW Transport Fac. Well Box 1 Drop inlet 2' 2' 5.65 (GW-1) c U 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 retention areas. 06 To ensure that proposed construction activities do not degrade adjacent wetlands and surface waters, the pemdttee will install and maintain temporary silt Ilenc es around the ImIts of construction In accordance with Exhibit 2 and as stipulated In the special conditions of this permit. The temporary m erosion control barriers will be installed prior to and will be removed upon completion of won activities. r- LO Basin Treatment Method Vol RegA Vol (sc fl) PnWd KW Transport Fac. Treatment Dry Retention .45 acxes 24 24 The 3.86 acre project aite does not contaln preferred habitat for wedw44ependent endangered or threatened wdctife spades or spades of special c onoem. No wetland-dependent endenge eMweatened 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 permlitee from complying with all applicable rules and any other agencies'requirements if,in the future,endongered/tfr+eatened species or species of special concern are App.ra.: 090617-6 Pits 3 d 6 Packet Pg. 1309 C.27. @W slant report.rdf discovered on the project site. FTvORMORNIM, r it is suggested that the peffnfte retain the services of a Professional Engineer registered in the State of Florida for periodic observation of construction of the surface water management(SWM)system. This will fac t de the completion of construction completion cation Form f10861 which is regained pursuant to Section 10 of the Bests of Review for Environmental Resource Permit Applications within the South Florida f Water Management District,and Rule 40E-4.361(21 Florida Administrative Code(FA.C.). Pursuant to Chapter 40E4 FAC..this permit may not be converted from the construction phase to the operation phase until certIncadon of the SWM system Is submitted to and accepted by this District. Rule 40E-4.321(7)FAC,states that failure to complete construction of the SWM system and obtain operation phase approval from the District within the permit duration shall require a new permit authorization unless a permit extension is granted. c For SWM systems permitted with an operating entity who is dffferent from the pemtittee,it should be noted that until the permit is transferred to the operating entity pursuant to Rule 40E-1.6107, FAC., the CL permittee Is liaable for compliance with the terms d this permit. The pemnittee is advised that the efficiency of a SWM system will nomidy decrease over time unless the `✓ =� system is periodically maintained. A significant reduction In flow capacity can usually be attributed to partial blockages of the conveyance system. Once Saw capadly Is compromised,flooding of the project � may resuit.Maintenance ofthe SWM system Is required to protect the public health,safety and the natural resources of the state. Therefore, the pertness must have periodic inspections of the SWM system performed to ensure performance for flood protection and water quality purposes. If deficiencies are found,it is the responsibility of the permittee to correct these deficiencies in a timely manner. �y The proposed work is not looted within and is riot anticipated to adversely affect sovereign submerged lands. 06 m LO N U AppAo.: CON17-6 Pepe 4 or 6 Packet Pg. 1310 C.27.____,' eip_st —mpert.rdf 'i .K t� RELATED CONCERNS: Wafer Use Permit Status: n The pemdtiee has indicated that dewatertng is not required for construction of this project. The per mlttee has also indicated that landscape Irrigation activities are not proposed as part of the project This permit does not release the permillee from obtaining all necessary water Use aulhorization(s)prior 1., to the oommencement of activities which will require such authorization,including construction dewatering E and irrigation, unless the work quati8es for a No-Notioe Short-Term Deureledng permit pursuant to Chapter 40E-20.302(3)or is exempt pursuant to Section 40E2.051,FAC. r. CERP: The proposed project is not faceted within or adjacent to a Comprehensive Everglades Restoration ProJed component. Potable Water Supplier. IA n_,�_v�� Authority ..�,, Fi�l� �MN7 CL :' Wastbe Water systemisupptfer. Key Weal Resort Ud ties � S� Right4fMay Permit Shuts: A District Right-olMey Pert Is not required for this pmjecf. DRI Status: This project is not a DRI. 06 HlatorieaUAncMological Resources: m The District has received correspondence from the Florida Department of Slob, Division of Hishrfc:al Resources Indicating that the agency has no objections to the Issuance of this penNt. This permit does not release the pern>Ktee from=44ance with any other age ncles'requirements In the event that historical and/or archaeological resources are found on the site. LO DCAMMI Conshhncy Revierw. The Issuance of this permit constitutes a flndisg of consistency with the Flodde Coastal Management Program. Third Party Irk E No third party has contacted the District with concerns about this applicadorL Enforcensent: There has been no enforcement activity associated with this application. STAFF REVIEW: AM.w.: OMB17-6 Paps 5 of 6 Packet Pg. 1311 C.27.i ................ ...................... ............. qp-dW-Mport.rdf DrASION APPROVAL: RESOURtZCEnT. DATE: �(���� I.' Barbara J.Conmy E suRFAcXOATER mAtmaram"T. E < DATE CSTIOS A.do Rojas,P.E. 0 .D CJ CL 0 06 E LO C44 E u AW.m: 0WeIT-6 pe"60m Packet Pg. 1312 C.27. PROJECT LOCATION MAP Gulf of Mexico / 3 Stook PROJECT SITE.--. Stock Island tip t� 04 game* CL 1 W 0 da 06 Key West Atlantic Ocean LO FDOT.Rd WIZODY MONROE COUNTY,FLORIDA N Legend A Application Map Date:8/812010 Application Number.080617- Permit Number.44_00076-S Project Name:CITY OF KEY WEST PUBLIC A'� TRANSPORTATION FACILITY ---_PROJECT SITE G Fed Exhibit: 1, Page 1 of 1 Packet Pg. 1313 Exhibit E Survey E E 0 CL U) 0 06 E LO CD CD C44 E U Page 22 of 22 Packet Pg. 1314 C.27. Mit �•t� E�f` 9 at a ..�,�..t....e. E �� $r� C n 4 � rn lot 06 id a V r„all a yaps : g ag�ia q s xLO 1, j f EtX �'�1.� � gt� iagg rl gaaa °• �� $E� a �'-g����g� ag ��g���=gig ���s o: �, C� 9 afef � gx� != 4$ ag �` sg� a-Y •':•�• ; �fpa��N�a��xg ��0k•��f����������� $� ����f,r� r� � gall vF t �t= :f. aTa�Itf� EgQar � gfgfa " fig �a�fa Via: Y"• �g- g g� 4Y asa s�g� �: a��� is � ILL. allEg a f ag t aaag�,g :g � g" a� leiE3g s g p. E� • g ticx Packet Pg. 1315 C.27. REVOCABLE LICENSE AGREEMENT FOR USE OF CITY PROPERTY This License Agreement is made this day of , 20`, by and between the City of Key West, Florida, a municipal corporation, whose mailing address is P.O. Box 1409, Key West, Florida, 33041 (hereinafter "Licensor") and Monroe County, a political subdivision of the State of Florida whose mailing address 1100 Simonton Street,Key West,Florida, 33040 (hereinafter"Licensee"). .e WTTNESSETH: 0 WHEREAS,Licensee has requested the limited use of the parcel of land adjoining the re- located premises of the animal control facility for the purposes of exercising animals 0. pursuant to the normal conduct of business;and W WHEREAS, Licensor owns the property, hereinafter referred to as the Licensed Parcel; c and WHEREAS, pursuant to section 2-939 of the Key West Code of Ordinances, Licensor 06 may grant Licensee and its agents, a revocable license to use Licensor's property. NOW,THEREFORE,the parties agree as follows: LO 1. For the period beginning with the occupancy of the Re-located Premises in N accordance with the Amended and Restated Lease Agreement between the City of Key West and Monroe County dated 2014, the Licensor hereby grants to the Licensee a revocable and non-assignable license to enter in, on, over, and across the land described on Exhibit "A", which is attached hereto and incorporated by reference (hereinafter the "Licensed Parcel"), for use by the Licensee, its agents, its contractor, its representatives, employees, and contractor's working volunteers for the purpose of exercising the animals in the conduct of its business, reserving, however, to the Licensor, its successors and assigns, all such right, title,interest and privilege as may 1 Packet Pg. 1316 C.27. 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 E permits, restrictions and any other land use requirements. All animals must remain on leash and under the control of the Licensee at all times. 3. In consideration for the grant of license in paragraph 1 herein above, Licensee herein expressly agrees to be solely responsible for all costs of any nature whatsoever 0. associated with utilization of the Licensed Parcel by the Licensee. 4. If any action of the Licensee's employees or agents in the exercise of this License 0 results in damage to the property, the Licensee will immediately repair such damage in a manner acceptable to the Licensor. In no event shall such repair or settlement exceed the fair market value of the fee title to the real property at the time immediately preceding06 such damage. 5. This License is personal to Licensee and may not be assigned or transferred, but allow use by Licensee's employees, its agents, its contractors, representatives or contractor's working volunteers. Licensor shall have the right to terminate this License with or without cause upon ninety(90)days written notice to Licensee. 6. At Licensee's sole cost and expense, Licensee will secure, pay for, and file with the Licensor, during the entire Term hereof, an occurrence form commercial general liability policy, covering the Licensed Parcel and the operations of Licensee and any person conducting business in, on or about the Licensed Parcel in at least the minimum amounts with specification amounts, as may be determined from time to time by Licensor,to prevail if greater than minimum amount indicated. Notwithstanding any other provision of this 2 Packet Pg. 1317 C.27. License Agreement, Licensee shall provide the minimum limits of liability coverage as follows Commercial General Liability $2,000,000 Aggregate $2,000,000 Products Aggregate $1,000,000 Any One Occurrence $1,000,000 Personal Injury $300,000 Fire Damage/Legal Licensee shall also procure the following insurance coverage: (i) "All risk" property insurance, including theft coverage, written at replacement cost value and a replacement cost endorsement insuring Licensee's improvements and betterments, fixtures,furnishings,equipment and any other property belonging to Licensee. (ii)Workers compensation coverage as required by the provisions of Florida Statutes. ca Any management agreement used by Licensee must provide that the Licensor does not have any liability whatsoever for any damage which may occur on the Licensed Parcel. The Licensee must provide the Licensor with a copy of any management agreement used by Licensee regarding the Licensed Parcel. Licensor shall not be responsible for damage to any property belonging to Licensee or Licensee's manager. Subject to 768.28, Florida Statutes, Licensee indemnifies the Licensor with regard to any claims made by any manager for any a reason. From time to time during this License Agreement, at Licensor's request, Licensee shall (i) procure, pay for and keep in full force and effect such other insurance as Licensor shall require and (ii) increase the limits of such insurance as Licensor may reasonably require. LO Any general liability or other policy insuring the Licensor does not provide any contributing or excess coverage for Licensee.The policies Licensee procures for Licensee's exposure are cv the only coverage available to Licensee. Licensee shall furnish an original Certificate of Insurance indicating, and such policy providing coverage, to Licensor named as "Additional Insured" on a PRIMARY and NON CONTRIBUTORY basis utilizing an ISO standard endorsement at least as broad as CG 2010 (11/85) or its equivalent, INCLUDING A "Waiver of Subrogation" clause in favor of Licensor on all policies. Licensee will maintain the General Liability coverage summarized 3 Packet Pg. 1318 C.27. above with coverage continuing in full force including the "additional insured"endorsement until at least 3 years beyond the termination of this License Agreement. Licensee's insurance policies shall be endorsed to give 30 days' written notice to Licensor in the event of cancellation or material change,using form CG 02 24,or its equivalent. All policies of insurance required to be carried by Licensee pursuant to this License Agreement shall be written by responsible insurance companies authorized to do business in Florida with an AM Best rating of A-VI or better. Any such insurance required to be carried by Licensee hereunder may be furnished by Licensee under any blanket policy carried by it or under a separate policy therefore. Certificates shall be delivered to Licensor prior to the commencement of the Term of this License Agreement and, upon renewals, but not less than sixty (60) days prior to the expiration of such coverage. In the event Licensee shall fail to ca procure such insurance, Licensor may, at its option, procure the same for the account of Licensee, and the cost thereof shall be paid to Licensor as an additional charge upon receipt c by Licensee of bills therefore, together with an administrative fee equal to fifteen (15%) percent to cover the cost of the Licensor's efforts to procure such policy. Certificates of Insurance submitted to Licensor will not be accepted without copies of the endorsements being requested. This includes additional .insured endorsements, cancellation/material change notice endorsements, and waivers of subrogation. Copies of 06 USL&H Act and Jones Act endorsements will also be required if necessary. 7. Subject to 768.28, Florida Statutes, Licensee does hereby agree to indemnify, defend, LO and save Licensor, its respective officers, directors, agents and employees harmless from and against any and all liability for any injury to or death of any person or persons or damage to cv property in any way arising out of or connected with the conditions, use of the Licensed Parcel, or in any way arising out of the activities of Licensee, its agents,employees, licensees c or invitees on the Licensed Parcel, including reasonable attorney's fees and court costs incurred by Licensor in connection therewith,such legal expenses to include costs incurred in establishing the indemnification and other rights agreed to in this Paragraph, excepting, however, only liability caused by Licensor's gross negligence in its failure to perform any of Licensor's obligations or agreements of this License Agreement. Nothing herein is intended 4 Packet Pg. 1319 C.27. to waive the sovereign immunity afforded to Licensor pursuant to Florida law, including section 768.28,Florida Statutes. The indemnification obligations under this section shall not be restricted in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Licensee under Workers' Compensation acts, disability benefits acts, or other employee . benefits acts, and shall extend to and include any actions brought by or in the name of any employee of Licensee or of any third party to whom Licensee may subcontract work. This indemnification shall continue beyond the date of termination of the Agreement. E 8. The property can be used for the intended use as stated herein,but Licensor does not warrant or represent that the property is safe or suitable for the purpose for which Licensee is permitted to use it,and Licensee assumes all risks in its use. 9. Licensee shall pay to Licensor an annual fee of Two Hundred and No/100 Dollars ($200.00). Payment shall be made to the Licensor's Finance Department on each anniversary date of this License. 0 10. This License Agreement shall be recorded in the official public records of the City of Key West,Monroe County,Florida at the expense of Licensee. IN WITNESS WHEREOF, the parties have executed this License Agreement on the date above written. LICENSOR: CITY OF KEY WEST, FLORIDA ATTEST: By: Cheryl Smith,City Clerk Craig Cates,Mayor 5 Packet Pg. 1320 C.27. Licensee: BOARD OF COUNTY COMMISSIONERS MONROE COUNTY,FLORIDA ATTEST: Amy Heavilin,Clerk By: Mayor By: Deputy Clerk 0 U MONROE COUNTY ATTORNEY APPROVED AS TO FORM: CL '� 41N-- rsrrnnu W CHRISTINE M. LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date __- 0 06 LO cv 6 Packet Pg. 1321 C.27. EXHIBIT"A" DESCRIPTION OF PARCEL LICENSED HEREIN 0 CL 06 Lo N u 7 Packet Pg. 1322 (L 4UOWPUOWV 43 41JO ) 43 41JO P84124SOU 12 PBPUBW L - -V Wz :W81 114O 44 -I co C4 ;ro 11U= ttS a LEGAL DE9CRIPTIONr PARCEL A A parcel d Iced can and aJ,pccoat to scrag kWnA,Mantua Caeaaty,floriJa*afrJ PXTA fraoag A part of the"ft dumbed an Tiff Deed No.19499¢)and Bee1k C;52 at Page 32 of the Mu►Gc p of"scant Ctrs.Tiff Dead No.23257(Ofhwl Racexd boots 269 at P,ye 51 G of the coed puff"RzooraW Aral TW Dead No.240G7 (Official Record book 355 at Page 32 of the red PWW Records;the$sad po aid of land wag W*W*Wallin Has coanposde of the tad nip oocc&reivrea to above,the surd pA%W wthei 3eab"26 and 27,Toonalify, C7 Soute,Range 25 East;pa[the sad parcel of Is"gas"dartnbfd by footee pad boon"is folfohiws COMMENCE at the intersection of the magwiv ru(fRrd nay bra of.Amcor ODAW Read sate the nuathedyt hgtre of uay We of U.S.t%*W W/1 Mtge ltad aM,j)t thanes on saw W&OWAY a sli-arsY lung of sad Jw w^ C~(toad for this foMawy Moron(7)coaAesa (1)thane N 18141'1 W W fax 3G.1 C past to a Pont of curvaWre of a o rculr aria concave to the Soudmrssk(2)there nar"Meng Ely on the arc of sad air"►e"a rookos of 2C5.00 fast and A central angls d 35'00W for I G2.94 last to as Paint of umgsnor.(3)thisscs N S3'4718*W for 272.5C list to be pant of tanvawre of a ciftufae Oates Winosvot to flea Neerth OU(4)VWMM northeasterly en the arc at sad c rwc h+"a move of 9G 402 feat and a cionlral tuyls d 14.2W 40'for 90,91 fA*t to this root of tas wW.(5)Items N 39.21'3C W for 273.5 t foeet to this point of ourvatww of a afoot awing concave to the Nabuaat;to tt41"northoestnriv of And nor thasodertY on ties are of said rarrve %ring a radaw d 444.65 lest cad a canh'ai made of G2'3530'for 488.1 S feat to a Pant of twmjmW.(7) thence N 231.1252'!for 1122.43 feat-theme N 45'3007'!for 106.37 feat to this POW OP BMIANING d doe herenaf is r desanrbed pancof*thane N 27.37 Wad for a octane of 1372.29 lark thence North 62'23' East for a eastanca,of 1225.00 hat;thence south 27.37'last for a dratome d 91 S.G2 feat to the southaaaterty boundary brae of the Ands daecnbd on Official Record book 6G7 at Page 1449 of the Public Racoralr of Marna I CvA* Phrada;thence South 41.4430 West on be sodheostary bowkdary one of the Inds Joiambd in the and Official book 067 for a Aelance,of 2G.G5 hat to the Nakwbshrty boundary Miss of the wide described in OIbaM Book 860 at F"*19G4 of Ms sad Public Rawrdr,theme on the Morthwatsry boaindary lure of the While dsscrihe d in the end 06=1 Recall Book 880 on the followry live(5)coarse (1) continue South 41403a:Writ fox a Aeums of 436.20 het;(2)thence south 46'1320 East for a doatwtca of 15.00 Fast;(3)thorm south 414C391 Wdst for a Astsnce of 43S.GG fast to the los*vsny of a curve bans eaem.w to the NardwMaat and hwnoy a radws of 3G6G.55 iota(4)thence 3oulhrrsataly 00 the sad cWW licit an we Astancs of 23949 feet;(6)theme South 454017E Wdst for a drstanoa of 147.97 lest bad*to the pant of t;egrwsng,l E95 the tdieurry sr(G)parcels PARCI%5 A Parcel of toad on and adpz"t to Stodo Wonal.Monroe Cow*y,t'ifarfolo;MA period b"4 a pint of the Leant dmGntod in UP Dead ft. I SG99%M"ociak 0•52 at f'"32 of the hfbhe Rsocrds of the,saW a oo rdy.Tiff Dead No.23257(O*49 R000rd Boole 298 at Po"s►G of the said MA*o Reccareb)fro VIF(7dd No,24067 (Official Record booty 355 at Pegs 32 of aid and Public Rameds;ilia sand Parrot of bad ly M mbr*snWtm flee ecompos"of that swd'fiiP O"Cle referred to abowu tee seed Pored lying wdMn Seelleas 24;And 27.TG7 South.R25 East;pad the cad Poorest of bind(Hang desaibidd by coffee pfd tWA"is low". COMME?4V At the Intersection Of the oaaoarflr nght of Wa)r tma of lunar Goteger Raga watt+ Ina of U.S.nwi►ay M l tag d lSt. thanes Nt 8'41'18'W for 3G.16 fact to a Point d arrvsWro of a curve concave,to the Southwest;theme nortlivainbsrt;.anthe arc of said as"hwAo a redtua of 290.00 fret end a cea" ands of 35"OG100'for 162.34 toot to a pant d tangarroy,theme N5347 18►W for 972.154 teat to the pa of of EWvohara d.oa arvw searan a tip the koe cfea*, nonce nortttrwostery an she fro of Asia[carve havay a none of 3C 1.02 flea*W a central**a of I A'2V 40 for 90.91 taw:to a poaftt of twoowy;#wane N3fr'd m'9W W for 273.51 fast to the pore of curvature of a curve 40seava.to the Nwtha;st;th4e4a esrt}MMcuWty fro Woo horRarrtsarty,on the are,44"d curia be" a natws of 446.68 last anal a cow&l aegis of Cr%S30•for 488,15 list to a Point of to wilmW,,thema WW 13521 E for 1122.43 took,Vionve 14454300'r!for 279.04 lest to a pant Of curwbre Of A curve eonreve to the NOCOWmt1 theme AIM01110110110hy en the We of sad reams lie"A F*A t of 3C86.55 peat And a om** angle d 2132W for s altabrgaa of 1 G3.53 fort to this POINT OF 11CM144 NG of the hw ukw al"crtbed Parcel W those*N4C"49% W hr a Jounce of 220hol feat to a pant of curvature of a area eaeava to the Southaestf theme porlilmoterV on trs arc of said weave hew"a t*Aw of 40.00 test sal a catered vada at 89'23'27 for 92.41►eat to a point d torigW&c thwfea N4213813'E for a data""d 127.55 feat;theme,,SIW I Mo e 0 pow a dafaat e of MCI leak thor" 541'463G'W for a distance of 97.29 fast to a pant of easvatdrs of a cwva comwa to 04 Wfar4etrrsk thence wuUwm stshy an the 06 01 sad curve h"a cedars of 3C642.55 feat and a exntral&Agto of 1.11'01• for a Jrstenes of 7G.161&*book to ilia POINT Of 0E0011141104. Congo"435,910 all,It.11.01 awe. PARCEL C A parch d wined on and adjacent to Stock Island,Macros County,Men&,sera pared dining a pat of the lands Assented in TOP Dead No. 190"(Dirt Book G-32 at Page 32 of the rubles Records of the vied County.T1S Doll No.23257(Official Record flack 2G9 at Pads 31 G of the said Public Remrda)ant TOP Dead No.24067 (ORrrsal Record book 353 at Page 32 of the sad rwft Rasoraiv.the OW parrtoR of lard"gravel/vothaf ilia mnyos6a of 00 Ord TW Deeds fafka,lid to abovss the said paar,.al I)Mng talk Sections 2C and 27.T67 bot4ie.R235 Cou sell the now pored of law pMng slangWd by states and bounate as fgMoam C0100415ilix at this "foroto"r4 the aastay"**-*#,-Wj1Y me of 4morCalls"Rini%VM 00 northerly r&j"-vy line of U.S.Belie vy N l(St4a PAVW 05). thanes Nl 6'41'1 V W kr $4.1 C test to a pant of eaevaWw4 of r curare concave to tale so+ithwoo c trrrrs meaty on the arc of aid carve havanq ata#Ko of 265,00 feat ant a OW40FA a4 6 at S SVC1110"Far 192,34 kcal m a pime of tangoW,,tharm V93-4-0I b'W for 272.56 feat to the parrt of couture d a curve Gonave to the Northeast: theme nodlinueatairV an bat;arc of tired:corvrr having A rae4*w of 3G 1..02 teat ant a central aryl@ of 14.25'40'for 90.51 feet to a peal of to 4pw.,tharoe M39.213C W for 273.51 fast to tha post d uWvaturs of e curve coxove to the Norlfesek tho om nortfavesterV on and northeaetwy an do arc of sad orrve h" a radrs d 449.85 hat and a central&4&of C2*3530'for 485.15 fed to a pant of tanganrc5,thanes N23'13'5V E for 1122.43 fat:thence tt45'30+0r E for 27C.04 feet to a Pant of ourvaturc of a carve concave to ate No tfnueet;legatee eortlaaatery on do we of sad ourve hway a rea[naa d 3GO6.55 poet and a culled aryls of 3.4331'for a Avitorm d r239.G9 fast:tbansa N4114C3C•E for a distance of 97.29 fist to the POINT Of BEGMNMG of the berearebw a[eiscrrbsd Parcel C* theme N48.13'2A'W fer s Jrstame of 256.6.7 tact;thnsrots N42'3W 13•E for a Jeunea d 172.77 fad;thence 546'13'24'E for a Astor"of 249.02 Feet; thence 3414G3C W fax a Jounce of 172.50 feat back to the POINT OF SWIMMING. Cadaeeaeg 43,769 sal.ft./1.0 1 acres. PARCEL D A pared of lawl an ant sdpcakt to Stock Island.Monroe County,Nornds:sad parcel leery a part of the WWA deesordged in TW Dead No. I OG99 Masai Book G.f'2 at Ps"32 of that Public Records of the said County,TIIP Deed No,23257(Official Record boa 2G9 at Pegs S I C of the nerd Public Raaords)ant Tiff Dow No.24OC7 (01hcral Record!boa 355 at Page 32 of the cad rflthG Records;the And parcel of long lying aritrsly emir the owpoe"of the said alp Deeds dot t of to obovsa the said Parcel 1yN59 uathn Seetrw 26 and 27,TG7 south,K25 East;and the sad Parcel of cod trey desenbed toy mates and bounds as IaYeaer COMMENCE At the easatiAction of the matey rwo-ol way line of Jasper Celhga Road oath the northerly ri#*-d-Msy ens of U.S.pbgheay 01 outs Road I5): themes N 16041'18•W for 3G.16 Feet to a point of Guo vature of a carve cenuve to the Southwest;armies mr0oventaly an the arc of sad cunt)raving s radive of 245.00 Iaet AM a eawal aryl+of 35'OG'00'far I G2.34 Ord to a paoft of tang ey;thanes N53147'1 W W for 272.59 last to the porn d ciowtae of a ewrve Gonave to the Northeast: theme moth eestay on the are of said curve houtag a raa►w of 36 1.02 fed and a cowl angle of 14'2S 4a for 90.91 Feat to a pant of tangent;tha lie N39.2 I'3 W W for 273.51 foist to the point of cav+elws of a curing conkers to the Norbeset;thence nothrvasterly on pad northeasterly on ft we d vied carve Ilavpy a reAus of 44G.65 feet and a central angles of C213S30'for 488.15 lest to a part of%"&W.theme N231 18'52*E for 1122.43 feet;thence 44513007'!for 27G.04 foal to a part d curvature of a curvy concave to the Northwest,taws norths@tatty an the arc of end cove having a rid"d 368G.55 Foot and a 4d" aegis of 31433 I'for a Jounce of 239.63 feat;theme 441 a4G3G'!for a Jounce of 20.79 feat to the POINT OF N*INWNG d the Iwfmltr desarabad Parcel D:theme N48'1 N24'W for a Arlan*of 249.02 hest;theses N42•3813'E for a 6stenee of 15.71 hat to the point of awvotwe of a curvy aw"M to the Southeast;thence northe stery an qla are of amid curve M"ry a radios d 300.00 het And a central xqc of 23'5522•for f 25.2G teat to a part of pangerwy; chance NG8.544W E for a Jounce d C9.99 took trance SW 131241 E for a alifunee of 1 G0.71 rased thanes$41.4G'39 W for a Ilstome of 32,13 fast;thence 548'13'24'!for a drtancs of 15.00 feet thane S4 I'4C3C'W fee a dnsunes of 195.87 fset bed*to the POINT Of BEGINNING. Contaean!44.227 a4.k./1.02 acres. C.27. PARCEL� A p vag of land 00 AM ad pvt*to stack WNW.I,mod Camly.l'kartear sad VN44 bang a part of Ote Wsda Ofibmis In Iflf Oaed Nm t 99"#Aftd BOA G-=at Poee 3e of late f%pke Koww"of"amd Garnty,IW P&A mm 2S2a7 OUW Rswp d Beak 26ss of/5sgs 51 C Of W4 riff PWko Rmcceola).and Ttif Oaad fb.240G7 (ONteW RaaoM Bola 3$S xt Page$Z Of UK seal POKIC Kdax'ds;Man nab PWOW a11W"e1K+rdy Wtlnu the Compoatt of Ow sad 4V 0&%Ae radanmd to abow% the sod pwa+cei"""Spa 2G"a 27,7avnahar C7 30vw,POW 25 Cretf and OW areas par cal of toad t>!aur diftefabed by mates Wd bounds as k4c": COWOxx at ttas*04W58OW of are eso#.qr r#*.*FAW fine ral.Nawr Colo"bead oath tlae nodhsrb r:gf:t.et war 104 of U.S.1tagoswy t)►(3tata RaM a"S): ttrwe N 1 god 1'f W W for 3G.t4 last to a 004 of aaavabod d a OAV4 iaanaara to the Sa owmah Rana norfhneebarky fan the arc of aaauf or"Iyprr+9 a ataAA0 of 265,00 fast and a t4r6al aayla of 35'*C1ptP'tar f 62,34 fact to a Wooer of tarfq*W.Own"N'33*47'I D*W tar 272.59 feat W Wye pock of cmmum d a awe air to *4 Nartlaeastc"sea"r0ro woslerly on the arc at sad.suva a ahka of 3C 1.02 teat Md a eo*%ar4s of be 2W 4W for 0041 lust to a point of taarq ulgi t thae m U3r2 t JV W 1W 273.5I led to 00 roes of wwa4+a`rb of x CWW 40m^a to qua Nweask owl"na�art&so"Momstarty an OW arm of ia1A 0.4W 0aa^'4 a redraw d 44GAS font OW a cmvW aryls of C2'3SJW fw Ogg,15 feat to s r**of tar."w,tr o"NM f 3'52'C fnr I I M43 W-,Owme N4S*3Cy07'C for 274.04 toss to a po"of ouwatwa OF a arnro cencawr to the Nor+ t•thsrus nwo uasatsoy a1 ttw Are of said oawre hmay a raataaa a13GK.55 fe4 and a GWMrM aaW je d 3'43'3 t'for a detarras of 93W.C9 last:Owfas f44164C'39"C fora akotanua of 4aS."tot,thasm WMV 19'2'4'W for a Aoto"of 15.00 feat;!bona,ra41-4W3V C far a df+tanco of 32.13 feet to tea►f'l W Of D'f NNG of d-A hw*Mkw"W-r fad Pao"F,,Noancrf ti4tP I Y2W W for R dwtanoia of 146,71 tool,trreraen NCt1'5531*e for x datsraas of 20A71est to mW ramt an a cwvo aoome to tho Norownek hsa"a rbwrd baarsy 931.49'14'C farm Astama of 125.04 lash disoce A Malaeatov on Won art of sow calve haar.n5 a raaksu at 167.9C loot and a central arf#o of 3&S I Wr fa 127.48 toot to i partti O mac r N33ri tlr23'C tar a dtstam w d 75.13 fast:Owwo 841Y 13'24'E tors datoem of 106.56 feat:teases$414493 'W kw a olounco of 221.46 look- Oozk to tbo t� Pt'7114T of tft:vXWNG. Oaaa**d trot cantor»0."artrea p'tOR1:OR USS, PARCEL f � A piwrcnl of lama an read sdyoc"to Stock Island.Mmw Cooty.Mn%, laz aauf Paaa10"a part of Moo made eesananrt M Tllf Mod No, I SM MOM Doak G-52 at Poaggoa 32 at fiw 1 dOA ftaaorda of no sand County,nW Oe"W.23257 lofto Raatrd ttoak 240 at f v 51 C of Im card tWka Raewd•)OW W Deed#10.24067 40 f"Rat&O Sin*355 at Page Sa of trig"W fhlbkc Raaardss the and parco of taatd lya►9 a A"*arsawr the cumfoo"of aw sad 1W Dmda OWOMO to abmaea � o,o woad fwvw Mao wmvn Oodwo 26 and 27.7ownsl+,p 97 Soarth,trams 25 Cash and Ow smd prrar4 of land U"deasnf ed by vAtes and bowda as k&ssor Comm*=a"Ww" dfm of tfaa xastarfr n*t-a-0"pne of Rraar Coloye MOM rib*dos norttwafy rrSfR•QF-*W knee d US.111,lhw #19k"Road#$S, tfwvc N 1 d 41't to W for 84.14 fast tra a fnart of CW%IMra d a aavai ea,r,:m a to OW 5oathwaa41 thMM rwrtfrasstmyaA l,to We of said awns ruwry a rs"dt 265.00 #aft mad a ow*M mqa of SS OCW for t 62.341sat to a parq of tangascy;thmai'.e*53`4711 it W for 272.56 faint to tbO,P of Gavasdvra of a OMM aconoava t& ¢ OW kkrdaasad;O&W.4 fly an the;arc of taad cvrva ha"a raalpa of 391.02 fast urd a foists!ao$W of 14125`4Cf for 00.91 feat to s Pad of tangency; thence N39'2 i'34Y W far 27+4I tft*to the past of arrvaUm 0 a c*Vor 000c rf.to the NtllfhAast.alwco,xrtw,traatardf an aW+aorthsastary on t ho,err of aid � cwva l"W^^ft a moms cf,4CA'r Isot fad a rues►angle of C2'3b'30`for 466.1 S feet tv a mares of tfsbancy,thanes M23119'S2't hr 1122.43 66du OWWO WS'2 OVP P fps 276.04 fast to a pant of cvnrrsWC of a caws aoracara tta rho latarOM 04 CMuaca rlerafaaebsfllr on the afro of fad curwa a mokam of 398C.35 O fad and a osrWa) a 3'43 1•par a atwstanee et?39.IrD f«st tf,e+tua N4 t�44BG'E for a dnEtrbnea d 4 ,CC feast tfasraaf fa4tl13'�tar x ewrtarsto a 15.00 Ca faeh dwr es N4►•44'3W t far a thatarrca of 25343 fast to the PO1trf of WGINNOW,tlwnrs N4W 137*1 W kw a drF4rrtcs of 20G.71 hail ova"Na"SOU'C for At**raft of 251.34 fsat,ttaancs 527*37�=E far 4 Attar"of 243.Sd teat;Malice 54114C9C`W for a Astance of f C4.71 het back tie the fY W Of OWNIHING. 06off bad tract Om4w*J,02 acres MAX CM t S0. CL PAPM G A pascal of Und as fad s ipcent to Stack tNard,Mouoa Gc�,fianr4s,ad l oral brlasg a pwt of the Yards dascnbsd to Tur Pond No. I%"Pao Soak G32 at Pagt 32 01 the P.rbkc RAWAs,of fha Bald Counbp,111P Oead No,23257(004W lfoaoM Doak 2"ad Page 51 C of the said P*ic ft m0s)and TUP DuW No.24007 W fOUM RsrorM!fade 355 at Page 32 of tale sand Public Rawrdn,the fad tarsal of surd"%to oW oWm Mao cmpo"m of two sad 1pf Poach effestrad to mwvc,- tho use prrcd y aq*Our 5ectxvo 2C anal 27.Toomtop G7 Sautlr.Rr25 East;MO tha salad Parcel of trod bay sfdcnbtd byntatra►aM boawMfs h folo tat U CXA4 baM at the mterssotaeera of the aaswary r of ragy Wfr Of.l+mror 10aad saK ttW ftOAkerty no*O-*My Isar of U.S.t*#WW*f 0►Ofate Roa,el V*, gwnca N 16a4 f`I t7 W for 3C.I C teat fxi a of arvAvm of a twva Owumm to Ohs-5mosivesk"WWO ror"mim aGrfy do the art d seta►auras b"a foAus of 29340 lent and it corltraf a4a of 35w00W for 142.34 feat to a puffer of%w4m cv-.ttmoco NSV471 tY°W for 272.SG k4t to the pabmt of WovaWm of a v~to"wo to the flaro"od:thehu-01"Olitory an taw-arc d sad oow htwily a raakus d 3C 1 02 katta w a c4mbW sofa of 14129 40'for 9"1 teat to a peat of Caa4gW.yt thauats N3 f'213d'W tar 273,51 feat to trio Point of anvstwra of a aurvs cowaW to Mfe Nor4haaatt"Mote neetlawspia*a'i and fo"Wa,tarty on 00 am*(ft&4 calrva hating a radnw al 44C,45 ham and a cdittru**of 62'3SW far 466.15 test po a po nt d EfAfyeaagr them f123 f 3"32'f!for 1 f 22.43 h4tt ownco N4 S*3f)'07'C far 27'4.Wt fast to a praalt of Csrvalama of a 0Ov4 ra+caw W OM NortbW40h Malmo aartlwanaerfy c1s#bs*4 d sad PAW K"a radtwa of 3COC.55 � heat+wad a av tr#amp of 3'43'31'far a shstarm al 239.C$ :dmms fps 1*463C'a Ter a 40taf"of 435.CC idi ;ChpaGt.N4401"Je f`W hW o of 15.00 loft thous N4 f'46'3C E hr a alrab w4a vl 4 i g.34 teat to dw OO NT Of MANNING-,thf 4*N27r3?VM W for a skiltsntt d M.$G tact:gabtuta N3C""59aCftY'E for ¢ a dtatance of 4022 foal thoomS271370W C for a dean a of 247.55 hiet q+a"34 f'4039'W for a dWemca of 4C.SJ sort Oack to flea POINT+>f'DWGINWNG, Oanobod tract eantaata 0.25 aaas MM OK lL9B. 06 O O r a LO a r N O u Packet Pg. 1324