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Item C21 C.2't County f � .�� ��� BOARD OF COUNTY COMMISSIONERS Mayor David Rice,District 4 f` Mayor Pro Tem Craig Cates,District 1 The Florida Keys Michelle Coldiron,District 2 Vacant,District 3 --' Holly Merrill Raschein,District 5 County Commission Meeting February 16, 2022 Agenda Item Number: C.21 Agenda Item Summary #10208 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Suzanne Rubio (305) 453-9687 No AGENDA ITEM WORDING: Approval of a Second Addendum to Lease Agreement between Monroe County, Florida, and Florida Keys Children's Shelter, Inc. to transfer ownership and the maintenance responsibilities of the water tank, pump, and pump housing structure ("Equipment") located in a hardwood hammocks area adjacent to the Property leased to the Children's Shelter regarding infrastructure on the property. ITEM BACKGROUND: A twenty-five (25) year Lease Agreement was entered into with Florida Keys Children's Shelter, Inc. (FKCS) on October 19, 2011, for the lease of certain lands located at 73 High Point Road, in Tavernier, Florida. During the tenure of the Lease Agreement, a central wastewater system was installed in Monroe County and the Shelter building was required to connect to the new system and decommission an on-site wastewater package plant located on the property. On October 16, 2019, the BOCC approved an Addendum to Lease Agreement with FKCS to clarify the maintenance responsibilities of the Keys Children's Shelter regarding newly installed sewer infrastructure on the property. This Second Addendum will transfer to the Keys Children's Shelter and the responsibilities associated thereto that certain water tank, pump, and pump housing structure ("Equipment") located in a hardwood hammocks area adjacent to the Property leased by FKCS. FKSC, as the Lessee, has historically used the Equipment, in conjunction with the County's joint use of the Equipment by the Monroe County Detention Center, to provide the water supply for operation of the Shelter's fire sprinkler suppression system within its primary building. FKSC recently undertook efforts to fund the design and construction of a new fire water supply line to its primary building to alleviate its need to utilize the Equipment. The Islamorada Fire Marshal has advised, however, that the fire sprinkler suppression system within its building will need replaced prior to connecting to the new fire water supply line. FKCS does not have the funding or resources available at this time to expend for the additional equipment to complete its fire suppression system and connect to the new fire water supply line, thus alleviating its need and current usage of the Equipment. The current Detention Center in Tavernier is being demolished and its operations will be conducted in a new facility, thereby alleviating the need for its continued use of the Equipment. With the County Detention Center no longer having any use for the Equipment, the County desires to transfer all ownership, responsibility, maintenance, and removal of the Equipment Packet Pg.793 C.2't to Lessee for its continued use for a limited time-period of five (5) years until funding sources are available to complete its fire suppression system. This Second Addendum also provides for the County to authorize a limited easement to FKSC for ingress and egress on County property during the Shelter's continued use of the Equipment, which will automatically terminate upon removal of the Equipment. PREVIOUS RELEVANT BOCC ACTION: October 16, 2019 The BOCC approved a Addendum to the Lease Agreement with Florida Keys Children's Shelter, Inc. to clarify the maintenance responsibilities of the Keys Children's Shelter regarding newly installed sewer infrastructure on the property. October 19, 2011 The BOCC approved a 25-year Lease Agreement with Florida Keys Children's Shelter, Inc. at 73 High Point Road in Plantation Key. CONTRACT/AGREEMENT CHANGES: Transfers ownership and responsibilities of the Fire Pump, water tank, and pump housing structure to the Florida Keys Children's Shelter and grants a limited easement for ingress and egress. STAFF RECOMMENDATION: Approval. DOCUMENTATION: Second Addendum to Lease Agreement- FKCS 2-16-22 (Final legal stamped) REV First Addendum 10/16/2019 FKCS 2011 Lease 2021-2022_COI_Keys Childrens Shelter—Exec FINANCIAL IMPACT: Effective Date: February 16, 2022 Expiration Date: October 18, 2036, for Lease Expiration. (Second Addendum expires in 5 years from February 16, 2022, unless extended further.) Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A Source of Funds: N/A CPI: N/A Indirect Costs: Staff time Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: If yes, amount: $ Packet Pg.794 C.21 Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: N/A None REVIEWED BY: William DeSantis Completed 02/01/2022 1:44 PM Patricia Eables Completed 02/01/2022 1:45 PM Purchasing Completed 02/01/2022 1:50 PM Budget and Finance Completed 02/01/2022 3:30 PM Maria Slavik Completed 02/01/2022 4:07 PM Liz Yongue Completed 02/01/2022 4:26 PM Board of County Commissioners Pending 02/16/2022 9:00 AM Packet Pg.795 SECOND ADDENDUM TO LEASE AGREEMENT BY AND BETWEEN o MONROE COUNTY,FLORIDA AND FLORIDA KEYS CHILDREN'S SHELTER,INC. This SECOND ADDENDUM TO LEASE AGREEMENT is made and entered into on this 16th day of February, 2022, by and between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, (hereinafter "County" or "Lessor"), whose address is 1100 W Simonton Street, Key West, Florida 33040, and FLORIDA KEYS CHILDREN'S SHELTER, INC., a Florida not-for-profit corporation, (hereinafter"FKCS"or"Lessee"),whose address is 73 High Point Road, Tavernier, Florida 33070, (collectively, the County and FKSC are hereinafter N referenced as the"Parties"). WHEREAS, on October 19, 2011, the Parties entered into a Lease Agreement ("Agreement"), whereby the County leased to FKSC certain premises located at 73 High Point Road in Tavernier, Florida, as described in Exhibit A to the Agreement("Property"), for a period of twenty-five (25) years, with the primary building being used as a children's shelter; and WHEREAS, on October 16, 2019, the Board of County Commissioners approved an Addendum to Lease Agreement ("Addendum"), in which the County and Lessee agreed to decommission an on-site wastewater package plant located on the Property and finalize connection of the Property from the shelter to the available central wastewater system. The Addendum also clarified the rights and responsibilities of the Parties before and after the decommissioning of the wastewater package plant and hookup to the central wastewater system; and WHEREAS, the County owns a certain water tank, pump, and pump housing structure ("Equipment") located in a hardwood hammocks area adjacent to the Property leased by Lessee. Lessee has historically used the Equipment, in conjunction with the County's joint use of the W Equipment by the Monroe County Detention Center ("Detention Center"), to provide the water supply for operation of the shelter's fire sprinkler suppression system within its primary building; and WHEREAS, Lessee recently undertook efforts to fund the design and construction of a new fire water supply line to its primary building to alleviate its need to utilize the Equipment. The Islamorada Fire Marshal has advised, however, that the fire sprinkler suppression system within its building will need replaced prior to connecting to the new fire water supply line; and WHEREAS,FKCS does not have the funding or resources available at this time to expend for the additional equipment to complete its fire suppression system and connect to the new fire 0 water supply line,thus alleviating its need and current usage of the Equipment; and Packet Pg.796 WHEREAS, the current Detention Center in Tavernier is being demolished and its operations will be conducted in a new facility,thereby alleviating the need for its continued use of c the Equipment; and WHEREAS, since Lessor will no longer have any use for the Equipment, the County desires to transfer all ownership, responsibility, maintenance, and removal of the Equipment to Lessee for its continued use of the Equipment for a limited time period until funding sources are available to complete Lessee's fire suppression system; and WHEREAS,the Parties also desire to amend the Lease Agreement, as amended,to revise certain clauses and to update and/or add current revisions pursuant to County ordinances and/or other required contract provisions; and N 0) WHEREAS, Lessee agrees and consents to such revisions in its Lease Agreement, as amended; and WHEREAS, Lessor and Lessee have found the Lease Agreement, as amended, to be mutually beneficial and believe it is in the best interests of the Parties to transfer ownership, responsibility, and maintenance of the Equipment to Lessee and to update certain provisions of its Lease Agreement; and WHEREAS,the Parties find that it would be mutually beneficial to enter into this Second Addendum to Lease Agreement. NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein,the Parties agree as follows: 1. County agrees that it shall transfer all rights, title, and interest it may have in the ownership of the Equipment described herein in its"As Is"condition,upon approval of this Second Addendum by the Board of County Commissioners,with such transfer of ownership evidenced by E this Second Addendum. 2. In transferring ownership,County additionally transfers to FKSC all responsibility y for the operation,maintenance,repairs,removal, and any accompanying liability for the failure of said Equipment once Lessee assumes ownership,with no further responsibility or obligations owed by the County to FKSC or any other party with respect to said Equipment. 3. The Equipment is currently situated on County owned property,RE No.00418900- 000000, which is not in the portion of the premises currently leased by Lessee, described as the "Property"in Exhibit A to the Lease Agreement. 0 4. As a condition of the transfer of ownership of the Equipment,Lessor hereby grants to Lessee, a Limited Easement for ingress and egress, over, across, under, and upon a portion of the property identified as RE No. 0048900-000000, solely as to the area where the Equipment is currently located. e 2 Packet Pg.797 5. The Limited Easement is granted to Lessee, together with Lessee's agents, licensees, employees, invitees, and contractors, (collectively, "Permittees"), for such purposes, o including but not limited to, the operation, control, repair, maintenance, removal, and other such actions necessary in maintaining the Equipment, for as long as the Equipment remains on Lessor's property as identified herein. Upon removal of the Equipment from the County's property, this Limited Easement shall automatically terminate without any further action by the Parties. 6. In exercising its use of the Limited Easement, Lessee or its Permittees, shall not alter,or place anything in the Easement Area,which will obstruct or impede the use of the property 0) by the County. 7. Lessee shall have its fire suppression system fully completed and operating within five years (5) of the date of this Second Addendum and the Equipment removed from Lessor's > property or show good cause for an extension of said five (5) year time-period to complete the 0) removal. Any such extension shall be in writing between the parries and subject to the approval of the Board of County Commissioners. 8. Paragraph 10, NON-DISCRIMINATION of the Lease Agreement, as amended, is hereby amended to delete the current paragraph 10 as set forth in the Lease Agreement, and replace it in its entirety with the following paragraph: 10. NONDISCRIMINATION CONTRACTOR and COUNTY 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 N Agreement automatically terminates without any further action of the part of any party, effective the date of the court order. CONTRACTOR or COUNTY 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: 0) 1) Title VII 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- y 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 0) 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 Packet Pg.798 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 o 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 0) 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 p Agreement. .N T 9. Paragraph 20, ADJUDICATION OF DISPUTES OR DISAGREEMENTS, of the Lease Agreement, as amended, is hereby amended to delete the current paragraph 20 as set forth in the Lease Agreement, and replace it in its entirety with the following paragraph: 20. ADUJUDICATION OF DISPUTES OR DISAGREEMENTS. Lessor and Lessee agree that all disputes and disagreements shall be attempted to be m resolved by meet and confer sessions between representatives of each of the parties. 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. cv 10. Paragraph 34,NOTICES,of the Lease Agreement,as amended,is hereby amended to delete the current paragraph 34 as set forth in the Lease Agreement, and replace it in its entirety with the following paragraph: 34. NOTICES. All written correspondence to the County shall be dated and signed by an authorized representative of the Lessee. Any written notices or correspondence required or permitted under this Agreement shall be sent by United o States Mail,certified,return receipt requested,postage pre-paid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Lessee when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non- 0 acceptance of delivery. Notice shall be sent to the following persons: 4 Packet Pg.799 LESSOR: LESSEE: Facilities Maintenance Executive Director o 123 Overseas Highway Florida Keys Children's Shelter, Inc. Rockland Key 73 Highpoint Road Key West,Florida 33040 Tavernier, Florida 33070 And c Monroe County Attorney's Office `) 1111 121h Street Suite 408 N Key West, Florida 33040 11. The Lease Agreement, as amended, is hereby amended to add the following as Paragraph 38, COMPLIANCE WITH LAWS AND LICENSE RE UIREMENTS, and shall read as follows: 38. In providing all services/goods pursuant to this Lease Agreement, Lessee y shall abide by all laws of the local,Federal,and State government,ordinances,rules and regulations pertaining to, or regulating the provisions of, such services, m including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, any laws applicable to the operation, maintenance, and removal of said Equipment. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board of County Commissioners to terminate this Agreement. Lessee shall possess proper licenses to perform work in accordance with this Agreement ca throughout the term of the Agreement. 12. In all other respects,the Lease Agreement,as amended,between the parties remains in full force and effect. a, 0 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 0 c c 5 Packet Pg.800 0 IN WITNESS WHEREOF,each party hereto has caused this Agreement to be executed by c its duly authorized representative on the day and date first written above. (SEAL) Attest: KEVIN MADOK, CLERK MONROE COUNTY, FLORIDA BY: BY: -.— As Deputy Clerk v Mayor/Chairperson FLORIDAYS C ' Attest: Witness SHELTER,INC. M... B v' Y: ._ _.__ Print Name ._6�"t �_�.......`,..u' rent N a m e: � .� �r Title: N N 7T °8 OFRCE DAS TO; PATRI T m 0 6 Packet Pg.801 C,R COUR*Q 4P•'g JM CulOyf�Q Kevin Madok, cPA ;O .. Clerk of the Circuit Court&Comptroller—Monroe County, Florida ROfi cOUN• DATE: February 21, 2020 0 TO: Alice Steryou Contract Monitor FROM: Pamela G. Hanco C. SUBJECT: October 16, 2019 BOCC Meeting y 0 Attached is an electronic copy of the following item for your handling: 0 C14 Addendum to Lease Agreement with Florida Keys Children's Shelter to clarify the maintenance responsibilities of the Florida Keys Children's Shelter regarding newly installed sewer infrastructure on the property. Should you have any questions, please feel free to contact me at(305) 292-3550. 0 m 0 0 N m 0 cc: Facilities Supervisor 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.802 C.21.b ADDENDUM TO LEASE AGREEMENT BY AND BETWEEN MONROE COUNTY,FLORIDA AND FLORIDA KEYS CH[LDREN'S SHELTER,INC. 0 This Addendum is entered into on Sept4, 2019 ("Effective Date') to that Lease Agreement("Agreement') made and entered into on October 19, 2011 as subsequently amended, by and between Monroe County, a political subdivision of the State of Florida (hereinafter "County" or "Lessor"), and Florida Keys Children's Shelter, Inc. CTKCS" or "Lessee") y (collectively,the County and FKCS are hereinafter referenced as the"Parties"). WrMSSETH: 0 WHEREAS, on October 19, 2011 the Parties entered into an Agreement, whereby the o County agreed to lease the premises described in Exhibit A to the Agreement to FKCS, Iocated at 73 High Point Road in Tavenner,Florida("Property");for a period of twenty-five(25)years;and WHEREAS,the Property includes a primary building used as a children's shelter and an onsite wastewater package plant;and 0 WHEREAS,it is the intention of the County to decommission the package plant and take other steps necessary to connect the Properly to an available central wastewater system by running a sewer lateral from the shelter building to a lift station and then connecting the lateral to collection and transmission lines in the adjacent roadway("Shelter Sewer System');and WHEREAS,the Parties wish to enter into this Addendum in order to clarify the rights and responsibilities of the Parties following connection of the Property to the central wastewater system. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged,the Parties agree as follows: 1. Notwithstanding any language to the contrary in paragraphs 7 or 8 of the Agreement, the County agrees that it shall take and pay for all necessary steps to effect the decammissioning of the package plant on the Property and connection of the Property from the shelter to the lift station by means of a lateral,and thereafter,tying the lateral into the collection and transmission lines made available by the local wastewater utility,in the roadway(the"Project'). All construction shall be conducted with applicable building permits. 2. The Project shall be deemed complete upon completion of final building inspections o by the applicable building department. Following completion, FKCS shall be responsible for all normal maintenance,cleaning and upkeep of the Shelter Sewer System. t Addendwn Florida Keys Childwn's ShelW7 Packet Pg.803 C.21.b 3. One component of the Shelter Sewer System shall be a grease trap,installed between the shelter building and the lift station. As part of its responsibilities,FKCS agrees to contract with a licensed professional to conduct periodic maintenance and cleaning of the grease trap. 4. The Parties agree to use their best efforts to cooperate in all respects with respect to the work to be performed with t to the decommissioning of the package p respect g p kage plant and hookup of the Shelter Sewer System to the central wastewater system 5. In all other respects, the Agreement between the Parties remains in full force and effect. a +'```' SEPAL MONROE COUNTY 'Aft ,st: 110evin`Wok,Clerk By'T Ely: —� Deputy Clerk 0 0 FLORIDA KEYS CHILDREN'S SHELTER, INC. Attest: Witness �r Print name: e/1 Print name: +I --- Title: co U •. - — :✓ APPROVED AS TO FORM: ,UA MONROE COUNTY ATTORNEYS OFFICE CO Dlgltally signed by Cyndit L Mail c"a DR:ar-=Cynthla L Halt ouldlonme �. dil County WXC,ay,emolwoll- ff cynthb@monroewunty,&Pv oils Date:201%1009 0M47-04W 2 Addendum Florida Kcys Children's Shelter Packet Pg.804 C.21.b AC0 CERTIFICATE OF LIABILITY INSURANCE DAre'"WD°"""" 0VIW2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND 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 INSURFR(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed. It SUBROGATION IS WAIVED,subject to the terms and Conditlons of the policy,cartaln policies may require tin andorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endomemant(s). PRODUCER CONTACT NA110 Josephine Mansur Roe Insurance Inc. PHONE (727)37640030 (727)378.2282 III! N 8851 Slate Road 54 ADDRESS: Eo�roelnt rwm INSURERISI AFFORDING COV19IAGE NAIC P New Port Richey FL 34655 INsuREp A: Seazley Insurance Company INSURED INSURERS: PrO9ressiveAmeriran InS.Co- 24252 U Florida Keys Children's Sfieiter,Inc. INSURER e: 73 Hlghpolnl Rd INSURER D: INSURER E Tavernier FL 33070-2095 INSURER F: COVERAGES CERTIFICATE NUMBER: 19.20 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED HAMEDA13OVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACTOR 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 CWMS. E LTR TYPE OF INSURANCE POLICYNUMB!'R L1wT5 C04MERCIAL GENERAL LIABILITY EACH OCCURRENCE t 1.000,000 u ACLAIMS•NADE1:1 OCCUR pR-MMA L • _ f 60,M Ab so-$IMW$iMtltl MEaEfw maoeraml f Sloan A N ProfessinalLlatliity Y B1636NT91655 03101/2019 OW0112020 PERSONAL A AWMARY 1 1,000.000 CI GeM AGGREGATE LIMRAPPUESPEA: GENEAALAOGREGATE 1 3,000,000 ¢, X Pcucy PRO• 3,000,000 J LOC PRODUCTS-COAIPIOPAGG 1 OTNER: Nan Owned/H C Auto S1M11 SF.XUALASUSE 11 1,000,000 AUTOMOBUXUABe.RY s 'y' CALL t s � ANYAUTO H=Y INJURY(Per person) t 1,000,000 B OWNED SCHEDIREO Y 059443732 0310112019 0310112020 900RY INJURv(Pa aexfdeM) t AUTOS ONLY ALTOS HIRED NOWONMED pR q O f AUTOS ONLY AUTOS ONLY r!cf + 7 I I Unlnstaed motorist BI S 1,00D,000 O UM9 a LIAaHCoc=.S-.Ao, MT OCCURRENCE t 0) EXCESS D RETENTION s I AR 4N , f AGGREGATE s WORKERS COMPENSATION 13Y AT D f• r AND EMPLOYERSLIASiU'r r ' YIN ANY OFFMERIMEMSER �t10ED;ElUDECUi1VE ❑ NIA DA r E.LEACMACCIDENT f (MandecrylnNHJ E.L.DISEASE-EAEMPLOYEE S II Yea,desalt wrow WAIVERES6ESCRIVIONOFOPERATIONSbrowE.L.DISEASE-POLICY LIMIT f r t1ESCRIP11oN 01'OPERATIONS I LOCAIIONG I VEHICLES(ACDRO M,Ad"aftel Rsnw its aeMdulr,may be aluched If mom space Is nquhW) 0) i HOLDER IS NAMED ADDITIONAL INSURED WITH RESPECT TO GENERAL LABILITY AND COMMERCIAL AUTO AS PER CONTRACT REQUIREMENTS.FAXED TO HOLDER I � I � CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELNER.ED IN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ACCORDANCE WITH THE POLICY PROVISIONS. 1100 SIMONTON ST AUTNORMD REPRESENTATIVE KEY WEST FL 33"D a 198E-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo ate registered marks of ACORD Packet Pg.805 C.21.b �►� ® CERTIFICATE OF LIABILITY INSURANCE °ATE`MB/202YYY) 0?118/2420 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 have ADDITIONAL INSURED provisions or he 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 endarsement(s). PRODUCER CONTACT Amanda Nogues Eastern Insurance Group,Inc. PHONE (305)595-3323 Am Ne: (305)595-7135 O 9570 SW 107 Avenue ADDRESS. amends®easteminsurance.net Suite 104 INSU 9 AFFORDING COVERAGE NAIC8 Miami FL 33176 INSURERA: Ascendant Commercial Insurance INSURED WSURBtB• Florida Keys Children's Shelter,Inc. INSURERC: U 73 Hlgh Point Road INSURER D: in INSURER E: O Tavernier FL 33070 1 INSURERF: COVERAGES CERTIFICATE NUMBER: Master 19120 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD O 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, in IPOLICY Exp LTR TYPE OF INSURANCE POLICY NUMBER EFF IMMIDDwn LIMITS W COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S CLAIMS-MADE OCCUR PREMISES Goobwrraees $ MEDDff'f one } f PERSONAL&ADV INAIRY $ _ GENL AGGREGATE LIMRAPPLIESPER: GENERAL AGGREGATE S CI POLICY®JERCT LOC PRODUCTS-COMPIOP AGG S OTHER: r Ew f AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f - y�Ba aecldonll a)ANY AUTO SY BODILY INJURY Per persm) f OWNED SCHEDULED '- AUTOS ONLY AUTOS ATE BODILY INJURY(Par aaldentl f D HIRED NON43MED PROPERTYCANAGE $ AUTOS ONLY AUTOS ONLY WAIVER N) YES raxlrs'.nt C S O UMBRELLA LIAS OCCUR EACH OCCURRENCE S � EXCESSLUIB CLAIMS-MADE AGGREGATE S `) DED RETENTIONS 1 S WORKERS COMPENSATION PER OTH- CD r AND EMPLOYERS'LIABILITY YIN oTATdfT R CV ANY PROPRIETORIPARTNERIEXECUTIVE E.LEACHACCIDENT S 100,000 A NIA WC-65385.5 04/302019 04130I2020 OFFICEfRIMEMBEREXCLUDED7 ❑ (MandelorylnNH) EL,DisEASE-EA EMPLOYEE S 100.OD0 N yyeeff describe eider DESCRIPTION OF OPERATIONS belaw EL DISEASE-POLICY LIMIT S •�D r DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101,Additional Remade Schedule,maybe shuhad it mar■span I.r■qulnd) Children's shelter If7 C O CERTIFICATE HOLDER CANCELLATION m SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELRIERED IN Monme County Board of County Commissioners(BOCC) ACCORDANCE WITH THE POUCY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 3304D ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg.806 C.21.c BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers, District 3 —�.� r --� Mayor Pro Tern David Rice, District 4 vUNTY o MONROE .or� Kim Wigington.District 1 KEY WEST FLOatoA 3304o George Neugent.District 2 i305a 294-4641 Sylvia J. Murphy, District 5 Public Works Division Facilities Maintenance Department 3583 South Roosevelt Boulevard Key West, FL 33040 Phone: (305)2924549 °t Fax: (305)295-3672 U) _ y CJ November 2, 201 1 Ms. Kathleen Tuell, President/CEO Florida Keys Children's Shelter, Inc. 73 High Point Road - Tavernier, FL 33070 Dear Ms. Tuell: 2 On October 19, 2011, the Monroe County Board of County Commissioners approved execution of the land 0 lease with Florida Keys Children's Services at 73 High Point Road in Tavernier. o Enclosed is your fully executed agreement, m Sincerely, " J 0 Jo B. Walters, CPM Contract Monitor °' /j bw Enclosure N c: Dent Pierce, Division Director, Public Works, w/enc, via email c, Beth Leto, Assistant Director, Public Works, w/enc, via email Joe Medallion, Director Upper Keys, w/enc, via email Packet Pg.807 C.21.c LEASE AGREEMENT FLORIDA KEYS CHILDREN'S SHELTER MONROE COUNTY THIS LEASE AGREEMENT, is made and entered into this � day of October, 2011, by and between Monroe County, a political subdivision of the State of Florida, (hereafter "County"or"Lessor"), whose address is 1100 Simonton Street, Key West, Florida, 33040 and The Florida Keys Children's Shelter, Inc., (hereafter "FKCS" or "Lessee"), whose address is 73 Highpoint Road, Tavernier, Florida 33070, y WHEREAS, the BOCC leases premises to other governmental agencies and not-for-profit _ organizations servicing the Monroe County community; and WHEREAS, FKCS has requested use of County property;rt and at WHEREAS,FKCS provides service homeless programs to children in the community;and 0 WHEREAS, the COUNTY owns a parcel of land at the Plantation Key Government Center 0) upon which FKCS constructed improvements to serve the needs of children in the community;and WHEREAS,the BOCC has determined that is in the best interests of Monroe County to lease land to FKCS for purposes of operating a children's shelter; 0 NOW THEREFORE, IN CONSIDERATION of the promises contained herein the parties agree to the following: Lv 1. PROPERTY. The County leases to Lessor the premises as shown on exhibit A and more particularly described as; A PARCEL OF LAND IN SEC, 8 TWP. 63S, RGE. 38E, PLANTATION a) KEY, MONROE COUNTY, FLORIDA AND MORE PARTICULARLY W DESCRIBED BY METES AND BOUNDS AS FOLLOWS: From the reference monument at the intersection of the right-of-way line of the southbound lane of SR-5 (U.S. 1) and the NE corner of Lot 12, Randal CD Adams Subdivision as shown on Plat Book 1, Page 110,go N 88'13'00" W a N distance of 882.12'to a point, CJ Thence along a course S 1°4700" W a distance of 81.93' to THE POINT OF BEGINNING of said parcel; Thence continue S 1'47'00"W for a distance of 143.07; Thence along a course N 88°1 T00" W a distance of 131.09'; Thence along a course S 02°02'00" W a distance of 63.0'; Thence along a course S 00°03'52 E a distance of291.06% Thence N 02°02'00" E a distance of 198.0%Thence along a course N 89°5608'W a distance of 160.0'back to THE P O 1 N T OF BEGINN ING. — Page 1 - Packet Pg.808 C.21.c 2. TERM. The tenn of this Agreement is twenty-five(25)years running from October 19,2011 through October 18,2036. 3. USE AND CONDITIONS. The premises shall be used solely for the purposes of providing children's support services in accordance with HSAB grant conditions. If the premises are used for any other purpose, the County shall have the option of immediately terminating this Agreement and upon termination of this agreement ownership of all improvements erected on the premises shall vest in the County. Lessee shall not permit any use of the premises in any manner that would obstruct or interfere with any County functions and duties. The Lessee will further use and occupy said premises in a careful and proper manner,and not commit any waste thereon. Lessee will not cause, or allow to be caused, any nuisance or _ objectionable activity of any nature on the premises. Any activities in any way involving hazardous CJ materials or substances of any kind whatsoever,either as those terms may be defined under any state y or federal laws or regulations or as those terms are understood in common usage, are specifically prohibited. The Lessee will not use or occupy said premises for any unlawful purpose and wit], at Lessee's sole cost and expense, conform to and obey any present or future laws, ordinance and/or rules,regulations,requirements and orders of governmental authorities or agencies respecting the use and occupation of said premises. These covenants of the Lessee shall also be binding on the use of the personnel,volunteers or clients of Lessee in accessing any common areas of the leased premises. No signs of any kind will be permitted on the external facade of the building or in the parking lot. A sign no larger than S ''12 "X 1 1"may be posted at the entry door to the premises. 0 4. RENT. For the use of the premises, the Lessee must pay the County the sum of$1.00 per year, payable in advance. The payments shall be remitted to Monroe County Clerk's Office, 500 Whitehead Street, Key West, FL 33040. S. TAXES. The Lessee must pay all taxes and assessments, including any sales or use tax, 0 levied by any government agency with respect to the Lessee's operations on the premises. a) 6. INSURANCE. Lessee shall,throughout the term of this lease,maintain the following: y A. General Liability Insurance,Lease/Rental of Property Owned b the Count pe Y Y Y $300,000 Combined Single Limit �. or r • Premises Operation $100,000 per person N • Blanket Contractual $300,000 per occurrence • Products and Complete Operations $50,000 property damage • Expanded Definition of Property Damage • Personal Injury Liability • Fire Legal Liability(with limits equal to fair market value of the leased property) B. Vehicle Liability Insurance for Leases/Rentals of County-Owned Property • Owned,Non-Owned,and Hired Vehicles $300,000 Combined.Single Limit • Physical Damage Protection(if leased ACV for Physical Damage Property is a County-owned vehicle or $100,000 per person $300,000 per occurrence $50,000 Property Damage ACV for Physical Damage Page 2 — Packet Pg.809 C.21.c C. Workers compensation insurance for bodily injury or death to any one person or number of persons in any one occurrence in an amount not less than the statutory requirements unless waived or modified by County Risk Management per Administrative Instruction 4709. The insurance policy(or policies)shall name Monroe County as an additional insured. The LESSEE must keep in full force and effect the required insurance during the term of this Agreement. If the insurance policies originally purchased which meet the requirements of this lease are canceled, terminated or reduced in coverage, then the LESSEE must immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the COUNTY whenever acquired or amended. ) 7, CONDITION OF PREMISES. The Lessee must keep the premises in good order and _ condition. The Lessee must promptly repair damage to the premises. At the end of the term of this U Agreement, the Lessee must surrender the premises to the County in the same good order and y condition as the premises were on the commencement of the term, normal wear and tear excepted. The Lessee is solely responsible for any improvements to land and appurtenances placed on the premises. 0) 8, IMPROVEMENTS. No structure or improvements of any kind shall be placed upon the land without prior approval in writing by the County Administrator and building permits issued by the County and any other agency, federal or state, required by law. Any such structure or improvements shall be constructed in a good and workmanlike manner at Lessee's sole cost and expense. Subject to any landlord's lien, any structures or improvements constructed by Lessee shall be removed by the Lessee at Lessee's sole cost and expense, by midnight on the day of termination of this Agreement or extension hereof,and the land restored as nearly as practical to its condition at the time this agreement is executed unless the Board of County Commissioners accepts in writing delivery of the premises together with any structures or improvements constructed by Lessee. Portable or temporary advertising signs are prohibited. 0 Lessee shall perform,at the sole expense of Lessee,all work required in the preparation of the Y property or premises hereby leased for occupancy by Lessee; and Lessee does hereby accept the W leased property or premises as now being in fit and tenantable condition for all purposes of Lessee. County reserves the right to inspect the leased area and to require whatever adjustment to r N structures or improvements as County,in its sole discretion,deems necessary. Any adjustments shall be done at Lessee's sole costs and expense. Any building permits sought by Lessee shall be subject to permit fees. 9. HOLD HARMLESS. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Lessee shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and(iii)any costs or expenses that may be asserted against, initiated with respect to,or sustained by,any indemnified party by reason of,or in connection with,(A)any activity of Lessee or _ Page 3 - - Packet Pg.810 C.21.c any of its employees, agents,contractors or other invitees during the term of this Agreement,(B)the negligence or willful misconduct of Lessee or any of its employees, agents, contractors or other invitees,or(C) Lessee's default in respect of any of the obligations that it undertakes under the terms of this lease,except to the extent the claims,actions,causes of action, litigation,proceedings,costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Lessee). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this lease, this section will survive the expiration of the term of this lease or any earlier termination of this lease. 10. NON-DISCRIMINATION. The LESSEE for itself, its personal representatives, successors in interest,and assigns,as a part of the consideration hereof,does hereby covenant and agree that that there will be no discrimination against any y person, and it is expressly understood that upon a y 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.The LESSEE for itself, its personal representatives,successors in interest,and assigns,as a part of the consideration hereof, does hereby covenant and agree to comply with all Federal and 0) Florida statutes, and all local ordinances,as applicable, relating to nondiscrimination. These include y but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race,color or national origin;2)Title IX of the Education Amendment 0 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 0 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 at patient records; 8)Title VII[of the Civil Rights Act of 1968(42 USC s.et se q.),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 time, relating to N nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,or the subject matter of,this Agreement. ]L TERMINATION. The County may treat the Lessee in default and terminate this Agreement, upon 7 days written notice, upon failure of Lessee to comply with any provision of this Agreement. Lessee may terminate this Agreement upon giving thirty days prior written notice to County.. 12. DEFAULT-WAIVER. The waiver by the Lessee or the County of an act or omission that constitutes a default of an obligation under this Agreement does not waive another default of that or any other obligation, — Page 4 - — Packet Pg.811 C.21.c 13. ASSIGNMENT. The Lessee may not assign this Agreement or assign or subcontract any of its obligations under this Agreement without the approval of the County's Board of County Commissioners. All the obligations of this Agreement will extend to and bind the legal representatives,successors and assigns of the Lessee and the County. 14. GOVERNING LAW VENUE,INTERPRETATION. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Lessee agree that venue will lie in y the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and Lessee agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to y the institution of any other administrative or legal proceeding. 15. SEVERABILITY. If any term,covenant, condition or provision of this Agreement(or the 0 application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and Ch provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Lessee agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 16. ATTORNEY'S FEES and COSTS. The County and Lessee agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the 'a enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non- Y prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket 0) expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary r procedures required by the circuit court of Monroe County. ty IT BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Lessee and their respective legal representatives, successors,and assigns. 18. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action,as required by law. 19. CLAIMS FOR FEDERAL OR STATE AID. Lessee and County agree that Lessee shall be, and is,empowered to apply for, seek,and obtain federal and state funds to further the purpose of — - - - Page 5 Packet Pg.812 C.21.c this Agreement, provided that all applications, requests, grant proposals, and funding solicitations shall be approved by County party prior to submission. 20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and Lessee agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session,the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. 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. Ch 21, COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Lessee agree to participate,to the extent required by the other party, in all proceedings, hearings, rn � processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Lessee specifically agree that no party to this Agreement shall he required to enter into any arbitration proceedings related to this Agreement. W 22. COVENANT OF NO INTEREST. County and Lessee covenant that neither presently has any interest,and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and that the only interest of each is to perform and receive 0 benefits as recited in this Agreement. 0 23. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will he required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts, doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain 0 information. � 24. PUBLIC ACCESS. The County and Lessee shall allow and permit reasonable access to,and Ch inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119,Florida Statutes,and made or received by the COUNTY and LESSEE in conjunction with this Agreement; and the County shall have the right to unilaterally N cancel this Agreement upon violation of this provision by Lessee. 25. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes,the participation of the County and the Lessee in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 26. 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 Page 6 _ -- - -— Packet Pg.813 C.21.c public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 27. LEGAL OBLIGATIONS AND RESPONSIBILITES: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this y Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution,state statute,and case law. 28. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms,or any of them,of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Lessee agree that neither the County nor the Lessee or any agent,officer,or employee of either shall have the authority to inform, counsel,or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 0 29. ATTESTATIONS. Lessee agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement,an Ethics Statement,and a Drug-Free Workplace a) Statement. 30. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed 0 to be a covenant or agreement of any member,officer,agent or employee of Monroe County in his or her individual capacity,and no member,officer,agent or employee of Monroe County shall be liable W W Ch personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. r r 31. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of N counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. 32. SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 33. MUTUAL REVIEW. This agreement has been carefully reviewed by Lessee and County„ therefore this agreement is not to be construed against either party on the basis of authorship. - - - - Page 7 -- - -- - Packet Pg.814 C.21.c 34. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: COUNTY: LESSEE County Administrator Kathleen Tuell,Executive Director 1100 Simonton Street Florida Keys Children Shelter, Inc. Key West,FL 33040 73 Highpoint Road Tavernier, FL 33070 and Monroe County Public Works at 1100 Simonton Street Key West, FL 33040 35. RELATIONSHIP OF PARTIES. FKCS is, and shall be, in the performance of all works, services,and activities under this Agreement,an independent agency, and not an employee, agent or _ servant of the County. FKCS shall exercise control, direction, and supervision over the personnel CJ and volunteers who use the premises. FKCS shall have no authority whatsoever to act on behalf of y and/or as agent for the County in any promise, agreement or representation other than specifically ns provided for in this agreement. The County shall at no time be legally responsible for any negligence on the part of FKCS, its employees, agents or volunteers resulting in either bodily or personal injury or property damage to any individual, W property or co corporation. y ns 36. FULL UNDERSTANDING. This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot 0 be modified or replaced except by another written and signed agreement. 0 37. EFFECTIVE DATE. This Agreement will take effect on October 19,201 1. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duty a) authorized representative. (SEAL) BOARD OF CO TY COMMISSIONERS ATTEST: DANNY L. KOLHAGE,CLERK OF MONROE 11T LORIDA ) By ns Deputy Clerk Mayor/Chairman r (SEAL) CJ FLORIDA KEYS CHILDREN'S SHELTER, INC. ATTE T: WiEne /' ey By E B Y _ Title CC, Title IS Ad J e� /�/` OX WISTANTCOUN UNTY A ORN �D AST Phone:d. ME CADO ATTORNEYS --- -- - Page 0 - —— Packet Pg.815 C.21.c N , 1 O r tO Q (tAOAV� aola3lNl ,,, ao3 d6mow 3.3s) S""0 Aaoas Z „00, lb of N a3iN3, 1N3MNa3n00 s• ,00'ZS to W m. Z 7� 00D f Q CD ti m o /Sa ?: i'f• /Q N W cc .: f. m co LY 0 co _2 'I I q th U it t W t GCh CC 3 y C # r ,00'Z8 ,90,21PI x o f ;DO6�i1 f m _ Noa774 f(P_+ is N Z .•. 5rv7N Iix�O `,1� � O n O — a -Q W; G. Z m x rn r. a a at U) x °� Co to ca 03ON31X3 9 U3O WV 4 6 1 Od -NOIN '3N 3„OO,ZOeZ N # EXHIBIT A Packet Pg.816 DATE(P C.21 A AC"R"® CERTIFICATE OF LIABILITY INSURANCE 04/28/2021 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 endorsement(s). Qy PRODUCER CONTACT Ashley Stefanell NAME: Brown&Brown of Florida,Inc. PHONEo (305)714-4400 FAX N Ext: C,No: (305)714-4401 N A/C A/ Ch 14900 NW 79 Court Suite 200 E-MAIL attefanell@bbinsfl.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Miami Lakes FL 33016 INSURERA: Harleysville Insurance Company 23582 INSURED INSURER B: Nationwide Mutual Insurance Company23787 (ry Florida Keys Children's Shelter,Inc. Ascendant Commercial Insurance Inc y INSURER C: W 73 Highpoint Rd. INSURER D INSURER E: Tavenier FL 33070 INSURER F: COVERAGES CERTIFICATE NUMBER: 21/22 Master 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 AUUL SUL3K POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 0 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDrence $ 100'000 MED EXP(Any one person) $ 5,000 A Y GL00000075598M 03/01/2021 03/01/2022 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 PRO- 3,000,000 X POLICY ❑JECT ❑ LOC PRODUCTS-COMP/OP AGG $ Employee Benefits $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000 000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ U A OWNED SCHEDULED Y BA0000007558BM 03/01/2021 03/01/2022 BODILY INJURY(Per accide nt) $ AUTOS ONLY AUTOS X HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per accident Medical payments $ 5,000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 11.1 EXCESS LAB HCLAIMS-MADE AGGREGATE $ �I m DED RETENTION $ $ Qy WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ N C OFFICER/MEMBER EXCLUDED? ❑ N/A WC65365-7 04/30/2021 04/30/2022 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Aggregate Limit 3,000,000 Professional Liability Ca B Claims Made Retro:3/1/2017 PL0000007561BM 03/01/2021 03/01/2022 Ech Occurrence Limit 1,000,000 N DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Locations Insured: 73 High Point Road Tavernier FL 33070 CJI 1621 Spalding Ct Units A-B Key West FL 33040 tV 1621 Spalding Ct Units C-D Key West FL 33040 tV 1102 Truman Ave Key West FL 33040 Certificate Holder is listed as Additional Insured with Respect to General Liability and Commercial Auto when CD tV required by written contract A ( r tV CERTIFICATE HOLDER CANCELLATION By . 2 8 . 2 0 21 ,,, 03 SHOULD ANY OF THE, THE EXPIRATION DATE U Monroe County Board of County Commissioners ACCORDANCE WITH T 1100 Simonton St AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD packet Pg.817