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Item C14
C14 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting April 17, 2024 Agenda Item Number: C 14 2023-2343 BULK ITEM: Yes DEPARTMENT: Parks and Beaches TIME APPROXIMATE: STAFF CONTACT: Tammy Acevedo (305) 453-8776 N/A AGENDA ITEM WORDING: First Amendment to the Agreement for Operation and Management Services for Jacobs Aquatic Center with Standguard Aquatics, Inc. to clarify the monthly invoicing of the operations and management fee. ITEM BACKGROUND: On January 31, 2024, the BOCC awarded Standguard Aquatics, Inc., a two (2) year Agreement for Operation and Management Services at Jacobs Aquatic Center. Standguard Aquatics, Inc. began operations on March 8, 2024. The original agreement instructed Standguard Aquatics, Inc. to submit for 'reimbursement' of operating expenses. After discussions between Standguard Aquatics, Inc., and County staff, County staff believes that it is in the best interest of the County to amend the original Agreement to clarify that the County is providing Standguard Aquatics, Inc. a management fee, not to exceed $495,800.00 annually or $41,316.66 per month, minus the Basic Services fees collected by Standguard Aquatics, Inc. PREVIOUS RELEVANT BOCC ACTION: January 31, 2024 - The BOCC awarded a two (2) year Agreement for operation and management Services of the Jacobs Aquatic Center to Standguard Aquatics, Inc. This Lease may be renewed, at the County's sole discretion, contingent upon written approval of the Monroe County Board of County Commissioners (BOCC), for five (5) additional two (2)year terms. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: The original Agreement is proposed to be amended to clarify that the County will provide Standguard Aquatics, Inc., a "management fee", instead of referring to the fee as a reimbursement, not to exceed $495,800.00 annually or $41,316.66 per month minus the Basic Services fees collected by Standguard 830 Aquatics, Inc. STAFF RECOMMENDATION: Approve DOCUMENTATION: First Amendment to the Agreement for Operations and Management Services 0 1-31-2024 Original Agreement with StandGuard Aquatics, Inc. COI Exp 04-20-2024 Business Tax Receipt Exp 09-30-2024 FINANCIAL IMPACT: Effective Date: 03-08-24 Expiration Date: 03-08-26 Total Dollar Value of Contract: $495,800.00 annually Total Cost to County: Annual County reimbursement shall not exceed $495,800.00. Current Year Portion: $433,825.00 Budgeted: Yes Source of Funds: Cost center no. 20531 CPI: N/A Indirect Costs: Maintenance and Capital Improvements Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: Yes, If yes, amount: Actual basic services revenue to be deducted from monthly invoicing. Grant: No County Match: No Insurance Required: Yes, current COI is attached. 831 FIRST AMENDMENT TO AGREEMENT FOR OPERATION AND MANAGEMENT SERVICES JACOBS AQUATIC CENTER, MONROE COUNTY, FLORIDA This First Amendment to Agreement for Operation and Management Services, Jacobs Aquatic Center is made and entered into this 17th day of April, 2024, between MONROE COUNTY, a political subdivision of the State of Florida(hereinafter"County"),whose address is 1100 Simonton Street, Key West, Florida 33040, and STANDGUARD AQUATICS, a Georgia corporation, hereinafter referred to as "Operator" or "Contractor", whose address is 5665 Atlanta Highway, Suite 103-168, Alpharetta.GA, 30004. WHEREAS, on January 31, 2024, the County and Operator entered into a two (2) year Agreement for Operation and Management Service that was set to commence on March 8, 2024, and terminate on March 8 h, 2026, located on the edge of the Key Largo Community Park (hereinafter"Property"); and WHEREAS,the Request for Proposals required proposers submit a Management Services Fee as their proposal amount; and WHEREAS, the original agreement instructed the Operator to submit for reimbursement of Operating Expenses; and WHEREAS,the County and Operator both agree that it is in the best interest of the County to provide the Operator a Management Fee not to exceed $495,800.00 annually or$41,316.66 per month minus the Basic Services as defined in the original Agreement; and WHEREAS,the parties have found the Agreement to be mutually beneficial; and WHEREAS, both parties desire to amend the Agreement. NOW,THEREFORE,IN CONSIDERATION of the mutual covenants and agreements herein contained, and other valuable considerations, the parties agree as follows: 1. Paragraph 7(a) of the Original Agreement is hereby amended as follows: 7. Fees and Reif bti-sefne„t Invoicing (a) The fees charged for admittance or for any instructional or recreational program must not be differentiated based on any of the criteria set forth below in paragraph 24 nor on membership in any organization. The Board of County Commissioners of Monroe County(BOCC) will approve the initial rates for Basic Services as defined in Sections 1.02 and 1.10 of the RFP. Any request for an increase in Basic Services fees should be made to the Parks &Beaches Director no more frequently than on an annual basis. The Parks & Beaches Director shall then make a recommendation to the BOCC. The BOCC shall either approve or deny the request. Contractor is 1 832 authorized to set and charge fees for Enhancement Programs as defined in Sections 1.02 and 1.10 of the RFP. All individual entrance fees, season passes, group entrance fees, charged to the public shall be collected by the Contractor and subtracted from the Contractor's monthly invoice for services rendered. The total payment to the contractor will reflect the eest of opera ions monthly Management Fee, minus any Basic Services fees such as individual entrance fees, season passes, group entrance fees, charged and collected by the contractor, and any time the pool was closed during that month unless the reason for the closure was due to force majeure as defined in paragraph 8. Closures required by, or at the option of, the Florida Department of Health, are not considered force majeure. The total annual eifnb,,,-sefne„t by toe G management fee shall be in an amount not to exceed $495,800.00 payable up to $41,316.66 per month,upon submission and review t t4e Parks and Bo,,ehes Di-eete,- t parks p(ofn n- o,.,,ti, fl g , of an invoice with supporting documentation. all Gler- Should the Basic Services fees collected in any given time period as defined in 7(c) exceed the maximum monthly Management Fee as shall be reflected on the invoice, the County will be credited up to the maximum monthly fee amount of $41,316.66. Any Basic Services fees credit remaining shall carryover to the following month for the remainder of this Agreement and shall also be reflected on each following month's invoice. (c) All invoices shall be submitted to the Parks and Beaches Director at parks- apLmonroecounty-fl.gov with suporting documentation. The initial invoice for payment of the monthly Management Fee with suporting documentation under this agreement shall be for the time period of March 8, 2024, through and including, April 7, 2024, and due on or before April 15, 2024. Suporting documentation for the initial invoice only shall include documentation showing all gross revenue for Basic Services as defined in the Agreement and operating expenses. The second invoice shall be for the time period of April 8, 2024, through and including April 30, 2024. The third invoice and all subsequent invoices shall be for the calendar month time period for which payment of the monthly Management Fee is being requested. For the second invoice and all subsequent invoices, Contractor shall submit one invoice per time period with supporting documentation on or after the last business day of the month, and before the 15'h of the following month. Supporting documentation for the second invoice and all subsequent invoices shall include documentation showing all gross revenue for Basic Services as defined in the Agreement. All supporting documentation must be acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. Payment may be withheld for failure of Contractor to comply with a term, condition, or requirement of this Agreement. Monroe County's Fiscal Year is October 1st through September 30th. All outstanding invoices must be submitted for payment within ten (10) days of the end of the Fiscal Year to avoid non-payment for those services. 2 833 (b4Ld) All revenue, including fees, derived from this Agreement shall only be used to fund programs, repairs, maintenance, capital improvements and services related to, and arising out of, the Jacobs Aquatic Center. 2. In all other respects, the Original Agreement dated January 31, 2024, not inconsistent herewith, remains in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 3 834 IN WITNESS WHEREOF, the pat-ties have hercunto set their hands and seal,the day and year first written above. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN! MADOK,CLERK OF MONROE COUNTY, F'LORIDA 13 Y: As Deputy Clerk Mayor APPROVED AS TO FORM&LEGAL SUFFICIENCY MonVounty Attorney's Office A 0 kt,p—) N thafia Mellies Archer Assistant County Attorney S'I"ANDGUARD AQUATICS. WITNE.SSES-, A Georgia Co,rpo, tion BY. Print ne: ct vil Print Na e: e: ........... gAi 7E- Print Name: V)-e—t 4 835 GVS COURTq° o: A Kevin Madok, CPA �o Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: March 5, 2024 TO: John Allen, Director Parks & Beaches Tammy Acevedo Budget & Contract Specialist Erika Nodal Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: January 31, 2024 BOCC Meeting The attached item has been executed and added to the record: C1 Agreement with StandGuard Aquatics, Inc., for Operation And Management Services of the Jacobs Aquatic Center located at 320 Laguna Avenue, Key Largo, Florida, 33037, contingent on approval from Florida Communities Trust FCT, a state-funded land acquisition program which provided grant funding for the initial property acquisition as required by the grant acquisition terms. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 836 AGREEMENT FOR OPERATION AND MANAGEMENT SERVICES. JACOBS AQUATIC CENTER, MONROE COUNTY, FLORIDA THIS AGREEMENT is made and entered into on the 31 st_day of Januai , 2024, by and between MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", whose address is 1100 Simonton Street, Key West, Florida 33040, and STANDGUARD AQUATICS, a Georgia based Corporation, hereinafter referred to as "Operator"or"Contractor",whose address is 5665 Atlanta Highway, Suite 103-168, Alpharetta GA, 30004. WHEREAS, County is the owner of the Jacobs Aquatic Center, hereinafter"Jacobs", and WHEREAS, County advertised via the competitive solicitation process a Request for Proposals ("RFP") for Operation and Management Services at Jacobs Aquatic Center, through which Contractor was deemed the highest ranked responsive, conforming proposer, and WHEREAS, County desires to enter into an agreement with-exclusive right to manage and operate Jacobs Aquatic Center Key Largo, Florida, and WHEREAS, the Contractor desires to enter into such agreement and represents to the County that it is qualified to operate a pool management and has the financial resources to undertake such an operation; NOW, THEREFORE, IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter contained, the parties do hereby agree as follows: 1. Premises. The COUNTY does hereby enter into this POOL OPERATIONS AND MANAGEMENT LEASE AGREEMENT unto CONTRACTOR and the CONTRACTOR does hereby accept from the COUNTY, in its "as is" condition, the Premises identified and known as Jacob's Aquatic Center hereinafter the "Premises", identified and shown on Exhibit A, situated at 320 Laguna Avenue,Key Largo,Monroe County,Florida. Exhibit A is attached to this Agreement and made a part hereof and incorporated by reference. 2. Agreement Documents. The documents, of which this agreement is a part, are as follows: This agreement and any amendments executed by the parties hereafter, together with the RFP and any addenda, the response to the RFP, and any attached exhibits thereof, and all required insurance documentation and required licenses. In the event of a discrepancy between the documents,precedence shall be determined by the order of the documents as just listed. Page 1 of 56 837 3. Scope of Work and Regulations. The Contractor shall manage and operate a community pool, currently located on that certain portion of Key Largo Park, currently known as Jacobs Aquatic Center. Contractor shall: (a) Comply with all the applicable requirements of the statutes, rules, ordinances, regulations, orders, and policies of the federal, state, county, and city governments, including but not limited to, Florida Community Trust(FCT) and State regulations and requirements, in effect on the effective date of this Agreement or later adopted. (b) Be required to obtain and maintain Monroe County Occupational Licenses before beginning operations. Contractor shall also be responsible for obtaining and maintaining any additional licenses which may be required by Contractor's operations at Jacob's Aquatic Center before beginning operations. A copy of all licenses must be provided to the County Parks and Beaches Sr. Budget Manager within fifteen (15) days of contract award. (c) Maintenance and repairs as detailed in this Agreement and the RFP. (d) Be responsible for all duties associated with staffing lifeguards, swimming instructors and instructors for other aquatic activities including all training, scheduling,providing uniforms, and supervising all personnel. (e) Be required to manage and schedule swimming lessons and aquatic activities, private rentals, and groups requesting group rates during regularly scheduled pool hours. Advertising swimming lessons and other aquatic activities shall also be required of the Contractor. (f) Perform normal lifeguarding duties such as monitoring patrons in the pool area, responding to first aid situations, enforcing rules and regulations, light pool area cleaning to include but not limited to sweeping the deck, emptying trash cans, straightening pool furniture, and removing debris. Ensure the rules signs are accurate and visible to the public and safety inspected is inspected daily. (g) Promptly investigate and provide written notification of all accidents, injuries, damage, destruction of property, or complaints as required. (h) Be responsible for the daily cleaning and inspection of the public pool restroom, rinse showers, and the lifeguard office area. (i) Collect any and all fees associated with the management and operation of the Community room(s),pool use and concessions. All fees collected must be properly accounted for and sales tax reported to the appropriate agency, if applicable. The County retains the right to audit receipts at any time. Page 2 of 56 838 0) Create and provide a monthly revenue report of monies taken in for Basic Services from the previous month and categorized by day, age group of patrons, group-rate daily fees, and number of people in attendance. This report is to be submitted to the Director of Parks and Beaches or his designee no later than the 15'h day of the following month. Create and provide a monthly revenue report of monies taken in from Enhancement Programs from the previous month and categorized by type of program, revenue generated, and number of people in attendance. This report is to be submitted to the Director of Parks and Beaches or his designee no later than the 15' day of the following month.. (k) Invoice the County monthly for services rendered less fees received for Basic Services as further detailed in this Agreement. Annual County reimbursement shall not exceed $495,800.00. (1) Document that all personnel performing lifeguard, swimming instruction and other aquatic activity instruction duties, and all immediate supervisors are certified in lifeguarding or swimming instruction, respectively, as well as in first aid and adult, child, and infant CPR as required by the State of Florida. Contractor shall, at Contractor's sole expenses, ensure that all of its staff and personnel who will be involved in the performance of this Agreement have undergone a Level II background screening and any other background screening required by law in accordance with Chapter 435, F.S. Documentation demonstrating compliance with this subparagraph must be provided to the County and maintained at the pool as required. (m) Provide a Certified Public Pool (Operator) Service Technician(s) to maintain the cleanliness, water clarity and quality, and chemical balance of the pool, perform all pool cleaning tasks including routine brushing and vacuuming,backwashing filters,removal of any and all algae, and respond to any human fecal accidents as required by the State of Florida. Pool Service Technician shall keep all necessary records required by the State and/or County to ensure that the pool meets all State and/or County health codes and standards. (n) Provide all certified lifeguards, instructors and necessary support staff. Minimum staff level of service shall be one (1) Supervisor and two (2) Lifeguards at all times when pool is open. Monroe County shall remain responsible for any and all elevator upkeep, maintenance, inspections, repair and replacement after the first $1,000 of any repair, capital improvement and maintenance is paid by the Contractor, as deemed required at the County's sole discretion. Monroe County will make necessary repairs over $1,000.00 as agreed upon by Monroe County. Funds requested by the Contractor for additional improvements must be made in writing and approved by the Director and/or BOCC. Contractor agrees to facilitate access to the elevator and any portion of the premises required for such upkeep, maintenance, inspections, repair and replacement. Additionally, Monroe County, with Tourist Development Council (TDC) funding will Page 3 of 56 839 repair/replace the pool liner. It is anticipated this work will occur in 2024. This will necessitate the closing of the main pool for a period of time to be determined. The County and building contractor will attempt to limit interruption to Contractor and pool community. The County will communicate with the Contractor to agree on best date for construction. The small pool and splash area may remain open if building contractor agrees. The County will not be responsible for any additional reimbursement to the Contractor during this closure. The Contractor will not be responsible for any cost associated with this repair/replacement of the pool liner during the 2024 fiscal year. Once the repair/replacement is complete, the Contractor will be responsible for all future maintenance,repair and replacement of the pool liner up to $1,000.00 pursuant to this RFP and the Agreement. 4. Initial Term. This Agreement shall commence on the 8th of March, 2024 and will terminate on the 8th day of March 2026, unless terminated earlier under another paragraph of this agreement. 5. Renewals. This Lease may be renewed, at the County's sole discretion, contingent upon written approval of the Monroe County Board of County Commissioners (BOCC), for five (5) additional two (2) year terms, upon written request by the Contractor, provided at least sixty (60) days prior to termination of the Agreement or any renewal thereof. 6. Rental, Maintenance and Tax. (a) Contractor must open the operation for business within thirty (30) days of the effective date of this Agreement or as soon as reasonable after effective date. Reasonableness to be determined by the County Administrator or his designee. (b) Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. An annual operating statement prepared and certified by a Certified Public Accountant (CPA) must be provided to the County on or before February 28 of the following year and shall include with reasonable detail the amount of Gross Sales made by Contractor from the Demised Premises during the preceding Lease Year. (c) The Contractor must pay all assessments,taxes, including sales taxes, levied by any governmental body with the power to impose assessments or taxes. The Contractor must provide the County with the sales tax records for each month or quarter depending on Contractor's filing requirements as set forth in Paragraph 6(b) herein and/or if required by law. Page 4 of 56 840 (d) The Contractor must provide all items and equipment needed for the operation including, but not limited to life rings, kick boards, water safety equipment, etc. All property of any kind that may be on the premises during the term of this Agreement shall be at the sole risk of the Contractor. The County shall not be liable to the Contractor or any other person for any injury, loss or damage to property or person on the premises. Contractor must furnish the necessary equipment, furnishings and fixtures needed to operate the pool. The Contractor is responsible for the sole costs and expenses of the Contractor's operation and management, including any utilities required for its operation and the equipment used by Contractor and/or offered for rental. All accessories and equipment applicable to Contractor's concession operation shall be clean and in good working condition at all times. All rental equipment shall meet strict safety standards, and equipment which is broken, or a potential safety risk, shall be removed immediately. The Contractor will be responsible for ensuring equipment is safe and meets all regulated safety requirements. During the term of this lease, Contractor is responsible for the first$1,000.00 of all maintenance and repairs, including major repairs such as structural work and roof replacement and replacement of the building, pool facilities and related structures if destroyed in accordance with this Agreement. All repairs and replacement must be of the same or better quality as the original work and conform to all applicable building codes. Contractor shall be responsible for and shall properly maintain the leased premises, and upon the termination of this lease, shall leave the premises in at least as good condition as at the time of the commencement of this lease, normal use and occupancy excepted. Contractor shall also be responsible for all other routine upkeep of the premises, the pool and the pool-related facilities such as, but not limited to, regular filter replacements. Contractor will coordinate with the County, in accordance with this Agreement, for repair and maintenance of all County assets,including but not limited to, structural and mechanical repairs. (e) The Contractor may, at its sole cost and expense, purchase additional equipment and appurtenances for Enhancement Programs with prior approval from the Director of Parks and Beaches or their designee. (f) The Contractor will keep the premises clean at all times and must meet all requirements for operations as required by the Monroe County Department of Health. Contractor must continuously maintain all pools and related facilities, including but not limited to, the water quality, in accordance with all applicable state laws and administrative regulations. Contractor must also operate all pools and related facilities in accordance with all applicable state laws and administrative regulations. All permits and/or licenses (state or local government) necessary for the operation of the pools and related facilities shall be applied for by, and shall be in the name of, Contractor. If a fine or penalty is imposed by any state or local government agency having jurisdiction over public swimming pools due to the failure of Contractor to keep and maintain the pool in conformity with state law or administrative rules or local government rules or regulations, then Contractor shall be solely responsible for the payment of that fine or penalty and the cost of coming into compliance. Page 5 of 56 841 7. Fees and Reimbursement (a) The fees charged for admittance or for any instructional or recreational program must not be differentiated based on any of the criteria set forth below in paragraph 24 nor on membership in any organization. The Board of County Commissioners of Monroe County (BOCC) will approve the initial rates for Basic Services as defined in Sections 1.02 and 1.10 of the RFP. Any request for an increase in Basic Services fees should be made to the Parks&Beaches Director no more frequently than on an annual basis. The Parks & Beaches Director shall then make a recommendation to the BOCC. The BOCC shall either approve or deny the request. Contractor is authorized to set and charge fees for Enhancement Programs as defined in Sections 1.02 and 1.10 of the RFP. All individual entrance fees, season passes, and group entrance fees charged to the public shall be collected by the Contractor and subtracted from the Contractor's monthly invoice for services rendered. The total payment to the contractor will reflect the cost of operations minus any Basic Services fees such as individual entrance fees, season passes, group entrance fees, charged and collected by the contractor, and any time the pool was closed during that month unless the reason for the closure was due to force majeure as defined in paragraph 8. Closures required by, or at the option of, the Florida Department of Health, are not considered force majeure. The total annual reimbursement by the County shall be in an amount not to exceed $495,800.00 payable up to $41,316.66 per month minus the previous month's Basic Services revenues, upon submission to the Parks and Beaches Director at parks-ap@monroecounty-fl.gov an invoice with supporting documentation. Supporting documentation shall include documentation showing all gross revenue and operating expenses. Contractor shall submit one invoice monthly in arrears on or before the 15'of the following month,with supporting documentation acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. Payment may be withheld for failure of Contractor to comply with a term, condition, or requirement of this Agreement. Monroe County's Fiscal Year is October 1st through September 30th. All outstanding invoices must be submitted for payment within ten (10) days of the end of the Fiscal Year to avoid non-payment for those services. (b) All revenue, including fees, derived from this Agreement shall only be used to fund programs, repairs, maintenance, capital improvements and services related to, and arising out of, the Jacobs Aquatic Center. 8. Force Maieure. Any delay or failure of either Parry to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Parry's control, without such Parry's fault or negligence and that by its nature could not have been foreseen by such Parry or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, Page 6 of 56 842 or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, or as soon as possible after such Uncontrollable Circumstance has occurred if reasonably unanticipated, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. Upon the occurrence of a Force Majeure Event, the non-performing party shall be excused from any further performance of those obligations under this Agreement that are affected by the Force Majeure Event for as long as (a) the Force Majeure Event continues; and (b) the non-performing party continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay. (a) Upon the occurrence of a Force Majeure Event, the non-performing party shall notify the other party of the occurrence of such event and describe in reasonable detail the effect(s) of such event upon the party's performance of its obligations and duties pursuant to this Agreement. Such notice shall be delivered or otherwise communicated to the other parry within two(2)business days following the failure or delay caused by the Force Majeure Event, or as soon as possible after such failure or delay if the Force Majeure Event precludes the non-performing parry from providing notice within such time period. (b) In the event of a Force Majeure Event,the time for performance by the parties under the applicable scope of work shall be extended for a period of time equal to the time lost by reason of such cause through execution of an amendment pursuant to the terms of the Agreement. 9. Personnel. (a) The Contractor will be responsible for the supervision, hiring, and firing of their own employees and shall be solely responsible for the pay,worker's compensation insurance, and benefits. (b) Communication between the County Representative and the contractor personnel is very important. Therefore, the Contractor must assure that at least one (1) personnel can communicate well with the County Representative. Any employee hired by the Contractor will be the Contractor's employee and in no way has any association with the County. The Contractor shall insure that its employees are trained in all appropriate safety regulations, and comply with all Page 7 of 56 843 such applicable laws and regulations and comply with all other local, State, and Federal regulations. (c) The parties further agree that failure by Contractor/Respondent to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. (d) The County may terminate this Agreement if the Board of County Commissioners of Monroe County (BOCC) determines that the economics of the operation of the pool and related facilities, or the on-going operation and maintenance, would require an annual expenditure of tax revenue or an annual expenditure of tax revenue the BOCC determines is imprudent. If this lease is terminated under this subparagraph, then neither party will have further obligation, duty or liability with respect to the other. 10. Hours of Operation. The Contractor agrees to furnish good, prompt and efficient service and/or merchandise to meet all demands for service at Jacobs Aquatic Center. The pools and facilities must be open for service seven (7) days a week Monday-Sunday, including holidays with exceptions for Christmas Day and Thanksgiving Day, from sunrise to sunset, and shall not exceed the established park hours as specified in Monroe County Code of Ordinances, Chapter 18, as may be amended from time to time. Special event hours allowed with Director of Parks and Beaches written permission. Hours of operation may be modified by mutual agreement. Certified lifeguard(s) must be on duty at all times that the pools are open. Contractor may conduct instructional and recreational programs but when such programs are not conducted, the pool and facilities must be open to the general public. 11. Use and Conditions. (a) The Contractor must provide an adequate number of covered metal or commercial outdoor plastic waste containers at its operation. Contractor shall provide separate containers for waste and for recyclables. Contractor must deposit all trash, waste, and recyclables in those containers for proper disposition of the waste and recyclables in their own dumpster. (b) No signs, advertising, or awnings maybe erected by the Contractor,unless they are approved by the Director of Parks and Beaches or his designee in writing. Signs pertaining to FCT must remain per FCT regulations. (c) Smoking shall be prohibited in accordance with Monroe County Code of Ordinances Chapter 18. (d) Contractor must furnish the necessary equipment, furnishings and fixtures needed to operate the pool.All moveable equipment and furnishings not funded by the County shall remain the property of the Contractor and may be removed from the premises by Contractor at the termination of this agreement, with County's written consent. If Contractor fails to remove said Page 8 of 56 844 moveable equipment or furnishings within five (5) days after termination of this agreement, said items shall then become the property of the County. The Contractor is responsible for the sole costs and expenses and any maintenance of the Contractor's operation and subject facilities, including any utilities required for its operation and the equipment used by Contractor and/or offered for rental. All accessories and equipment applicable to Contractor's concession operation shall be clean and in good working condition at all times. All rental equipment shall meet strict safety standards, and equipment which is broken, or a potential safety risk, shall be removed immediately. The Contractor will be responsible for insuring equipment is safe and meets all regulated safety requirements. During the term of this lease, Contractor is responsible for first $1,000 of all maintenance and repairs approved by the County in writing, including major repairs such as structural work and roof replacement and replacement of the building if destroyed. All repairs and replacement must be of the same or better quality as the original work and conform to all applicable building codes. Contractor shall be responsible for and shall properly maintain the leased premises, and upon the termination of this lease, shall leave the premises in at least as good condition as at the time of the commencement of this lease, normal use and occupancy excepted. The Contractor will keep the premises clean at all times and must meet all requirements for pool operations as required by the Monroe County Department of Health. (e) The County may, at its sole discretion,provide for capital improvement(s),upkeep, maintenance and repairs of the premises, the pool and pool-related facilities, including but not limited to pool liners, structural and mechanical repairs and other such related repairs, as necessary when Contractor is unable to do so during its Lease term and makes a request in writing to the County for such assistance. The County may provide this repair assistance to assure the premises at Jacobs Aquatic Center remains in good working order and available for public use. County shall be, and is, empowered to apply for, seek, and obtain federal, state and/or local funding to further the purpose of this Agreement. Any conditions imposed as a result of funding that affect the Project will be provided to the Contractor. Pool management company is responsible for the first $1,000.00 of any repair. Pool management company is responsible for notifying Monroe County Parks and Beaches staff of any minor repairs or replacements before any repairs are performed. Any requested repairs estimated to be over $1,000.00 must be accompanied by a written quote for their repair including parts and labor and any major repairs must be approved in writing by the director of Monroe County Parks and Beaches and/or the BOCC, as applicable, prior to work commencing. (f) In the event that the demised premises, or a major part thereof are destroyed by fire, storm, or any other casualty, the County at its option and without assuming Contractor's responsibilities, may forthwith repair the damage to such structure at its own cost and expense. If County exercises its option to repair the premises, Contractor agrees to assign its right to the insurance proceeds to the County. If insurance proceeds exceed the costs of repair, the County will, at its option, either remit the excess funds to the Contractor or apply the excess funds as a credit towards the subsidy provided to the Contractor by the County. If repair costs exceed the insurance proceeds, Contractor agrees to pay County within 30 days for any and all costs of repair not covered by insurance proceeds. (g) Contractor agrees to keep the premises in a safe, clean and well-maintained order at no expense to the County. This provision is to be monitored by the Director of Parks and Beaches or his representative. Page 9 of 56 845 (h) Contractor agrees to operate its business in a businesslike manner. (i) In the event the County elects to maintain and/or improve its properties in the vicinity of the leasehold herein, either by necessity, or by choice, such activity will not be considered as a breach of any covenant of this agreement. 0) The use of the Premises shall be solely for the Contractor and allied and incidental purposes as set forth herein, including necessary personnel and administration offices. Contractor covenants that no use of the Premises shall be allowed except to conduct the aforementioned programs and incidental office and administrative operations, without written approval from the County Administrator. (k) Contractor agrees not to sore any material, waste, pallets of other products outside the Premises or in any adjoining area. Contractor further agrees that it will not store or dispose of hazardous materials in violation of applicable law on or about the Premises except for de minimus amounts used in the ordinary course of business. (1) County and Contractor acknowledge that,unless otherwise provided for herein,the operating procedures, organization, supervision, direction, and control for the Premises shall rest with the Contractor. (m) Contractor acknowledges that County, its employees and agents, shall have reasonable access to the Premises to confirm compliance with this Agreement throughout the term of this Agreement and that such access shall not interfere with Contractor's use thereof. (n) Rights not specifically granted to the Contractor by this Agreement are reserved to the County. 12. County's Termination. Except as otherwise provided herein,the County may cancel this agreement when, after giving the Contractor thirty (30) days' written notice that an act of default has occurred, the Contractor fails or cannot cure the following: (a) The appointment of a receiver of the Contractor's assets; (b) The divestiture of the Contractor's interest in the agreement by court order or other operation of law; (c) The Contractor's abandonment of the operation. Failure to open the operation and keep it open during the business hours described in this agreement for seven (7) consecutive days from sunrise to sunset with exceptions for Christmas Day and Thanksgiving Day,unless modified in writing, shall constitute abandonment; (d) The failure of the Contractor to timely perform any of the obligations required of it under this agreement; (e) If the Contractor discontinues the use of the Premises for the purposes set forth herein, or any governmental purpose approved by the County; (f) If the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the Page 10 of 56 846 option of(1)terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met; and/or (g) For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. No waiver of default by the County of any of the obligations required of the Contractor under this agreement may be construed as a waiver of any subsequent default of any of the obligations that are required to be performed, kept, or observed by the Contractor. The County's waiver of an act of default by the Contractor is not a waiver of the right of the County to later cancel this agreement because of the Contractor's failure to subsequently perform an obligation or obligations under this Lease Agreement. 13. Insurance. (a) Contractor shall obtain and maintain at its own expense the insurance coverages listed in Exhibit C prior to commencing operation. All insurance requirements provided for in this Agreement shall be subject to annual review. (b) The Contractor must keep in full force and effect the insurance described during the term of this agreement. If the insurance policies originally purchased that meet the requirements are canceled, terminated, or reduced in coverage, then the Contractor must immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the Monroe County Risk Department or the Parks and Beaches Contract Manager, as appropriate,whenever acquired, amended, and annually during the term of this Lease. (c) The insurance required of the Contractor in this paragraph is for the protection of the County, its property and employees, and the general public. The insurance requirement is not, however, for the protection of any specific member of the general public who might be injured because of an act or omission of the Contractor. The insurance requirements of this paragraph do not make any specific injured member of the general public a third-parry beneficiary under this agreement. Therefore, any failure by the County to enforce this paragraph, or evict the Contractor if the Contractor becomes uninsured or underinsured, is not a breach of any duty or obligation Page 11 of 56 847 owed to any specific member of the general public and cannot form the basis of any County liability to a specific member of the general public or his/her dependents, or estate, or heirs. (d) Notwithstanding anything set forth in paragraph 12 of this agreement, the County may treat the Contractor in default if the Contractor, after entering the premises but before beginning its operation, does not have the insurance required by subparagraph 12(a). Before the County may terminate the agreement in this situation, the County must give the Contractor a written notice of the default stating that, if the required insurance is not obtained within ten (10) days of the Contractor's receipt of notice,then the County will cancel this agreement. The County may treat the Contractor in default and cancel this agreement if the Contractor, after starting the operation, fails to keep in full force and effect the insurance required by subparagraph 13. Before treating the Contractor in default and terminating the agreement in this situation, the County need only provide the Contractor 24-hour notice by E-Mail or overnight courier. The County may, but need not,provide Contractor with an opportunity to cure the default. 14. Non-Exclusive Rights. Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this agreement are nonexclusive and the County herein reserves the right to grant similar privileges to another Contractor or other Contractors on other parts of Jacob's Aquatic Center. 15. Rights Upon Termination. At the end of this agreement(or any renewal), or if this Agreement is otherwise terminated, the Contractor's right to the Premises, the use of Jacobs Aquatic Center facilities, and any other right or privilege granted under this agreement ceases. All equipment, improvements, furnishings, and other property of the Contractor at the Premises are personal to the Contractor and remain the property of the Contractor and must be removed by him/her. The Contractor must also restore the Premise to its original condition, ordinary wear and tear and damage by causes beyond the control of the Contractor, excepted. At the end of this agreement (or any renewal), or if this Agreement is otherwise terminated, Contractor will voluntarily and peacefully yield to County the Premises and shall automatically revert to County. 16. County's Right of Entry. County reserves the right hereunder to enter upon the Premises at any reasonable time, during normal operating hours for any purpose connected with the performance of the County's obligations under this agreement or in the exercise of its governmental functions. The Contractor hereby agrees to keep the premises at all times in a clean and sanitary condition, and not to maintain or keep upon said premises any properties or equipment not used in connection with the operation of said business, unless authorized by the County to do so. 17. Leasehold Improvements. The Contractor agrees not to make any major alterations to the building located on said premises, without first obtaining written consent of the County to do so,which will not be unreasonably withheld. Such alterations shall be based on plans approved by the Director of Parks and Beaches and shall be subject to all City, County, State and Federal code provisions governing construction. Contractor shall be responsible for obtaining any permits Page 12 of 56 848 ,required by any government agency. All site improvements shall be pre-approved by Mource COUnty in accordance with its,purl Icies, procedures,ordinances and/or regulations, 18, Use Resirictions,The Contractor acknowledges that the prem ises were pu rebased. and/or constructed with funds received from the Florida Communities Trust (FCT)�. The agreement area is to be operated by the Contractor for public outdoor recreation purposes in compliance with provisions of the Florida Communities Trust ( 'CT) and its regulations as may be amended from time to firne. As a result, use of the premises is subject to the provisions of the restrictive covenants attached to the lease as Exhibit B which is attached hereto, and hereby incorporated into the lease and the Request for Proposals. Should tile FC'I'determine that the lease,or any portion thereof,is in conflict with any term or,condition or Exhibit B, or is in conflict with any relevant provision of federal or state law or, administrative rule, then that determination will supersede any cont ary r , provision of this least or Request for Proposals to the extent of the conflict. The Dentised Premises must be publicly identified as publicly owned and operated as a public outdoor recreation facility in all signs, literature, and advertising, while acknowledging that the Demised Premises is, operated by a Contractor, ttr e'liminate the perception the area is private. The premises must remain open to the public at all times during operating hours, All fees charged by the Contractor/concessioner to the public must be competitive with similar private facilities. Contractor is expected to cooperate and adhere to any FCT rules and regulations,including but not limited to,any annual reporting requirements. MONROE COUNTY, ITS AGENTS, AFFILIATES, SUCCESSORS-IN- INTEREST, IN NO WAV, SHA-PE, OR FORM GUARANTEE CONTRACTOR'S ABILITY TO OPERATE ON THE PRE MISES. CONTRACTOR ACKNOWLEDGES AND UNDERSTANDS THAT SEPARATE APPROVAL OF THIS AGREEMENT MUST BE OBTAINED FROM FCTAND THE STATE OF FLORIDA. C t � 11 ecifically acknowledges receipt of this section. initial 19, Rights Reserved. Rights not specifically granted to Contractor by this Lease Agreerrent are reserved to the County, 20. Rights of County. The Cowity shall have the absolute right, without liraitation, to repair,reconstruct,alter o,r add to any structure or fac,ility at Jacobs Aquatic Center, or to construct new facilities at Jacobs Aquatic Center., 'nie County shall, in the exercise of such right, beftee frorn any and all liability to the Contractor for business damages occasioned during the Making of Page 13 of'56 849 such repairs, alterations and additions, except those occasioned by the sole act of negligence of the County, its employees or agents. Contractor and County agree that County is empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that affect the Contractor will be provided to the Contractor. 21. Notwithstanding anything to the contrary in this Agreement, County Administrator may order the swimming pool(s) and related facilities close immediately if he determines that a condition has arisen, whether caused by Contractor's failure to perform or by an external event beyond the Contractor's control, that threatens the health or safety of the public. The County Administrator may order the swimming pool(s) and related facilities closed until such time as the condition is corrected. 22. Assignment. The Contractor may not assign this agreement, or any part of it, or sublease the Premises, or any portion of the Premises,without the written approval of the County. The change of the Contractor's status from an individual to a partnership or corporation is an assignment under this paragraph requiring the County's approval. If the Contractor is approved to do business in the corporate form, any assignment of a controlling interest in the corporate stock is also an assignment under this paragraph that requires the County's approval. All the obligations of this agreement will extend to the legal representatives, successors, and assigns of the Contractor and County. 23. Indemnification/Hold Harmless/Defense. The Contractor covenants and agrees to defend, indemnify and hold harmless Monroe County Board of County Commissioners, and its elected and appointed officers, officials, agents, servants, and employees from any and all claims, demands, or causes of action for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, costs, penalties, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the Contractor utilizing the property governed by this lease/rental agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 24. Nondiscrimination. Contractor agrees 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 and Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination in employment on the basis of race, color, religion, sex, 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 disabilities; 4)The Age Discrimination Act of 1975, as amended(42 USC ss. 6101- Page 14 of 56 850 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 patient records; 8)Title VIII of the Civil Rights Act of 1968 (42 USC s.3601 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 on the basis of disability; 10) Monroe County Code, Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, disability,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 Lease. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,without regard to their race, color,religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment,upgrading, demotion, or transfer,recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential Page 15 of 56 851 job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information,unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers'representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto,and will permit access to his books,records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency,the contractor may request the United States to enter into such litigation to protect the interests of the United States. 25. Mechanic's Liens. The Contractor shall not permit any mechanic's lien or liens to be placed on the Premises or on improvements thereon. If a mechanic's lien is filed, it shall be the Page 16 of 56 852 sole responsibility of the Contractor or its officer, employee, agent, contractor, or other representative causing the lien to be filed to discharge the lien and to hold harmless and defend Monroe County against enforcement of such lien. Pursuant to Section 713.23, Fla. Stat.,the liens authorized in Chap. 713, Fla. Stat. do not apply to the County. Nothing in this section is to be read as a waiver or authorization by the County of its constitutional and statutory immunity and right to have its property free of such liens. 26. Records—Access and Audits. The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied and maintain such records for a period of four (4) years after termination of this Lease. The County, its officers, employees, agents, and contractors shall have access to the Contractor's books, records, and documents related to this Lease upon request. The access to the inspection of such books, records, and documents by the County shall occur at any reasonable time. 27. Ri2ht to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals f successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties, or obligations under or covered by any contract document(all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as,but not limited to,counting employees at the j ob site,witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10)years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor,the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03 of the Florida Statutes, running from the date the monies were paid to Contractor. The right to audit provisions survive the termination or expiration of this Agreement. Page 17 of 56 853 28. Maintenance of Records. The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this Agreement or for a period of five (5) years from the submission of the final expenditure report as per 2 CFR §200.334, whichever is greater. Each parry to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other parry to this Agreement for public records purposes during the term of the Agreement and for seven(7)years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR,the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 29. Relationship of Parties. The Contractor is, and shall be, an independent contractor and not an agent or servant of the County. The Contractor shall exercise control, direction, and supervision over the means and manner that its employees, agents, or volunteers perform the work for which purpose this Lease is entered. The Contractor shall have no authority whatsoever to act on behalf and/or as agent for the County in any promise, lease, or representation other than specifically provided for in this Lease. The County shall at no time be legally responsible for any negligence on the part of the Contractor, its employees, agents, or volunteers resulting in either bodily or personal injury or property damage to any individual,property, or corporation. 30. Subordination. This Lease is subordinate to the laws and regulations of the United States,the State of Florida, and Monroe County,whether in effect on commencement of this Lease or adopted after that date. 31. Premises to be Used for Lawful Purposes. It is expressly covenanted between the parties hereto that the Contractor will not use, suffer nor permit any person to use in any manner whatsoever the leasehold property, nor any portion thereof, for purposes calculated to injure the reputation of the leasehold property or of the neighboring property, nor for any purpose or use in violation of the laws of the United States,or of the State of Florida, or of the Ordinances of Monroe County, Florida. Contractor will keep and save the County forever harmless from any penalty or damage or charges imposed for any violation of any of said laws, whether occasioned by neglect of Contractor and Contractor will indemnify and save and keep harmless the County against and from any loss, cost, damage, and expense arising out of any accident or other occurrence, causing injury to any person or property whomsoever or whatsoever, and due directly or indirectly to the use of the leasehold Premises or any part thereof by Contractor. The Contractor hereby covenants and agrees that it, its agents, employees or otherwise shall observe and obey all lawful rules and regulations which may from time to time during the term hereof be promulgated and enforced by the County. Page 18 of 56 854 32. Limitation of County's Liability. It is further agreed that in no case shall the County herein be liable,under any express or implied covenants in the Lease,for any damages whatsoever to the Contractor beyond the rent reserved by the Lease accruing,for the act, or breach of covenant, for which damages may be sought to be recovered against said County, and that in the event said Contractor shall be ousted from the possession of said property by reason of any defect in the title of said County or said County's authority to make this Lease, said Contractor shall not be required to pay rent under this Lease while it is so deprived of said property, and that said County shall not incur any liability as a result of such ouster. 33. No Waiver of Breach. It is further mutually covenanted and agreed between the parties hereto that no waiver of a breach of any of the covenants of this Lease shall be construed to be a waiver of any succeeding breach of the same covenant. 34. Severability. If any term, covenant, condition, or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions, and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition, and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. County and Contractor 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. 35. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of County and Contractor and their respective legal representatives, successors, and assigns. 36. 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. 37. Adiudication of Disputes or Disagreements. County and Contractor 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 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. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph 12 concerning termination or cancellation. 38. 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 Contractor 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 Page 19 of 56 855 Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no parry to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 39. Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and the only interest of each is to perform and receive benefits as recited in this Agreement. 40. Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 41. No Solicitation/Payment. County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Lease Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission,percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, Contractor agrees that County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission,percentage, gift, or consideration. 42. Public Access. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents,papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County or Contractor in conjunction with this Lease; and the County shall have the right to unilaterally cancel this Lease upon violation of this provision by Contractor. 43. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government 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. 44. Privile2es and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County, shall apply to the same degree and extent Page 20 of 56 856 to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 45. Legal Obligations and Responsibilities. Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida Constitution, State Statute, and case law. 46. 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 Contractor agree that neither the County nor 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 this Agreement. 47. Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, a Drug-Free Workplace Statement, and a Vendor Certification Regarding Scrutinized Companies List. 48. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe County in his or her individual capacity, and no member, officer, agent, or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 49. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 50. Other Use. Contractor shall not use or permit the use of the Premises or any part thereof for any purpose or use other than an authorized by this Agreement. 51. Paragraph Headings.Paragraph headings herein are intended only to assist in reading identification and are not in limitation or enlargement of the content of any paragraph or section. 52. Notices. All written correspondence to the County shall be dated and signed by an authorized representative of the Contractor. Any written notices or correspondence given pursuant Page 21 of 56 857 to this contract shall be sent by United States Mail, certified,return receipt requested,postage pre- paid, or by courier with proof of delivery, delivery pre-paid. Notice is deemed received by Contractor 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-acceptance 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 shall be sent to the following persons: For County: For Contractor: Monroe County Parks and Beaches Contract Specialist StandGuard Aquatics 102050 Overseas Hwy. ATTN: Matt Satterly Key Largo, FL 33037 5665 Atlanta Highway, Suite 103-168 Alpharetta GA, 30004 And Monroe County Attorney P.O. Box 1026 Key West, FL 33041-1026 53. E-Verify System. Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term.Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Fla. Stat. Sec. 448.095. 54. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. 55. Rights Reserved. Rights not specifically granted to Contractor by this Lease are reserved to the County. 56. 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 Lease Agreement, the County and Contractor agree that venue will lie in the appropriate court, or before the appropriate administrative body, in Monroe County, Florida. Page 22 of 56 858 The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 57. Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any parry relative to the enforcement or interpretation of this Agreement,the prevailing parry shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non- prevailing parry, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 58. Mutual Review. This Agreement has been carefully reviewed by the Contractor and the County. Therefore, this Agreement is not to be construed against either parry on the basis of authorship. 59. Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Lease shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 60. Final Understanding. This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings,whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. [SIGNATURES ON NEXT PAGE] Page 23 of 56 859 IN WITNESS WEEEEO ,each part) has caused this Lease Agteeme t to be executed by a duly authori zed representative. COUNTY: BOARD OF COUNTY COMMISSIONERS NVM ATT° KEVIN MADOK-,CLERK OF MONROE COUNTY,FLORIDA s De Clerk By: u. Mayor/Chairman APPROVED AS TO FORM&LEGAL SUFFICIENCY Mour a ounty Attorney's Office AQ kuk) Witnesses for CONTRACTOR N thelie Mellies Archer Assi tent County Attorney �4 CONT TOR: r Sign 'person a rite €� afire" legal4y bi corpora ion rate: , rint Name Da e Print Naine Title AddressA AaA 4 P ! 6Vie /63 '1b CA Signature t 4 G: lc /910 Telephone plumber Print Name Date �I M t31 Q I w Y ro Page 24 of 56 860 EXHIBIT A u 5 VVi y �Pr ✓ � e- ?„ r i( � a i � l > u i r ST. CROIX PI_. (50' R,O.W.) ,W H f I � I I "L p I� I ❑ � i I I r i.i� +I IF ,,,i,i I II I f,� < f Ja ,1C'� . 'I r: 1 it 3<3 N I. fr,' r Al f7 Page 25 of 56 861 EXHIBIT B FLORIDA COMMUNITIES TRUST AREA OF CRITICAL STATE CONCERN PROGRAM GRANT CONTRACT Page 26 of 56 862 8 2 9 0 9 3 R'[C' 129 7 Pkil 1 0 9 D CONTRACT #94-CT-73-93-3A-M1-002 FLORIDA COMMUNITIES TRUST PROJECT NAME Recreational PROPOSAL NUMBER 93-002-CSI L.O.S. Standards FLORIDA COMMUNITIES TRUST AREA OF CRITICAL STATE CONCERN PROGRAM GRANT CONTRACT THIS CONTRACT is entered into on hYLLa, )s 1994, by and between the FLORIDA COMMUNITIES TRUST (FCT) , a nonregulatory agency within the State of Florida Department of Community Affairs, and MONROE COUNTY (FCT Recipient) , a political subdivision of the State of Florida, in order to impose terms and conditions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds (Project Site) , as shall be necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implement provisions of Sections 259.101, 375.045, and Chapter 380, Part III, Florida Statutes. WHEREAS, Chapter 380, Part 111, Florida Statutes, the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs (Department) that will assist local governments in bringing local comprehensive plans into compliance and implementing the goals, objectives, and policies of the conservation, recreation and open space, and coastal elements of local comprehensive plans, or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, Section 259.101(3) (c), Florida Statutes, provides for the distribution of ten percent (lot) of the net Preservation 2000 Revenue Bond proceeds to the Department of Community Affairs to provide land acquisition grants and loans to local governments through the FCT, with an additional one-tenth to be used specifically for matching grants, on a dollar-for-dollar basis, for acquisition within areas of critical state concern; WHEREAS, the Governor and Cabinet authorized the sale and issuance of State of Florida Department of Natural Resources Preservation 2000 Revenue Bonds (Bonds) ; kid �1 WHEREAS, the Bonds were issued as tax-exempt bOnds, meani4 that the interest on the Bonds is excluded from the gross N�ncome of Bondholders for federal income tax purposes; U GC/93-002-CS1-P'3A 11 FINAL/3-0-1-94 1 NJ ti� CD EXHIBIT C Page 27 of 56 863 8 2 0 0 9 3 12 5 PArif I WHI�REAS, Rule Chapter 9K-5, F.A.C. , sets forth the procedures for evaluation and selection of proposals for land acquisitions using funds allocated to the FCT through the Department-, of Community Affairs from the Ilreservation 2000 Trust Fund for Areas of Critical State Concern; WHEREAS, the FCT Governing Body met on January 6, 1994, to consider and select proposals to receive funding and FCT Recipient's proposal was selected for funding in accordance with Rule Chapter 9K-5, F.A.C. ; WHEREAS, FCT is authorized by Section 380.510(7) (a) , Florida Statutes, Rule 9K-5.007(4) , F.A.C. , in accordance with Section 380.510(4) , Florida Statutes, to impose grant conditions deemed necessary to protect the interests of the State of Florida and to ensure that the project complies the requirements for the use of Preservation 2000 Bond proceeds, and which must be met by the FCT Recipient prior to the release of any funds; WHEREAS, such conditions shall be imposed by a grant contract that shall contain by reference all regulations, rules, and other grant conditions governing the matching grant award, that shall describe with particularity the real property that is subject to the contract and that shall be recorded in the county in which the real property is located; and WHEREAS, the purpose of this Contract is to set forth the terms and conditions of the matching grant award and covenants and restrictions that shall be imposed on the Project Site(s) acquired with the FCT Preservation 2000 Bond Proceeds and the Recipient's local match. NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FCT and FCT Recipient do hereby contract and agree as follows: 1. GENERAL CONDITIONS 1. At least two original copies of this Contract shall be executed by FCT Recipient and returned to the FCT office at 2740 Centerview Drive, Tallahassee, Florida 32399-2100 within sixty (60) days of mailing by FCT to the FCT Recipient. upon receipt by FCT of the signed Contracts, FCT will execute the Contracts, retain one original copy and return all other copies to FCT Recipient, 2. Upon execution and delivery by the parties hereto, the FCT Recipient shall cause this Contract to be recorded and filed in the official public records of Monroe County, Florida, and in GC/93-002-CSI-P3A FINAL/3-01-94 2 Page 28 of 56 864 8 2 3 fo�F(Fc 1 2 zi 7 �,W any pr ov i s i on of the Con t ract sha 1,1, be i nva I id, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall, not in any way be affected or impaired. II. SPECIFIC' CONDITIONS REQUIRED BY RULE 9X-5, FLORIDA ADMINISTRATIVE CODE 1. FCT Recipient hereby acknowledges and agrees that Project work may not be initiated prior to execution of this, grant contract. 2. All matching grants from the Area of Critical state Concern Program shall be used for land acquisitions that assist an Area of Critical State Concern county to implement or further the conservation, recreation and open space, or coastal management elements of the local comprehensive plan, to conserve natural resources, to resolve land use conflicts, and to implement land development regulations which further the principles for guiding development established for that Area of Critical State Concern. 3. Preservation 2'000 funds received by the FCT Recipient under this Contract shall only be used for the land acquisition project costs, as defined in Rule 9K-5.002(19) , and as set forth in Proposal 93-002-CSI. 4. The FCT Recipient hereby agrees to fully perform the project as described in the Proposal 93-002-CS1. The scope and nature of the project work for which the grant assistance is authorized shall be as follows: Land acquistion program to, implement the recreation level of service standards of the Monroe County Year 2010 Comprehensive Plan and eliminate the level of service deficiency of activity- based parks in the Upper Keys through the year 2002 by the purchase of land, as described in Proposal 93-002-CSI, for activity-based recreation. 5. The FCT Preservation 2000 Bond Series award granted to the FCT Recipient shall in no event exceed Two 'million one P.0J�00 Dollars ($2,160,849.00) . 6. Funds awarded under this contract shall be awarded as a matching grant to FCT Recipient. Funds awarded under this program shall be matched by the Recipient on a dollar-for-dollar basis. 7, The FCT Recipient shall prepare a management plan, GC/93-002-CSI-P3A FINAL/3-07-94 4 Page 29 of 56 865 02J033 'R'EC' 1 25 1092 such manner and in such other places as FCT may reasonably request, and shall pay all fees and charges incurred in connection therewith. 3. The FCT Recipient and FCT agree that the State of Florida Department of Environmental Protection will forward this Contract to Department of Environmental Protection Bond Counsel for review for conformance to bond restrictions. In the event Bond Counsel opines that an amendment to this Contract is required so that the tax exempt status of the Preservation 2000 Bonds is not jeopardized, FCT and FCT Recipient shall amend the Contract accordingly. 4. This Contract may be amended at any time. Any amendment must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT. 5. This Contract and the terms, conditions, covenants and restrictions contained herein shall run with the real property acquired with the funds received hereunder and the local match, and shall bind, and the benefits shall inure to, respectively, the FCT and the FCT Recipient and their respective successors and assigns. 6. This Contract shall be governed by and construed in accordance with the laws of the State of Florida, with respect to both substantive rights and with respect to procedures and remedies. 7. Any notice required to be given hereunder shall be given by personal delivery, by registered mail or by registered expedited service at the addresses specified below or at such other addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed received on the date of delivery if by personal delivery or expedited delivery service, or upon actual receipt if sent by registered mail. FCT* Florida Communities Trust Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 ATTN: Executive Director FCT Recipient: Monroe County, a political subdivision of the State of Florida 2798 Overseas Highway Suite 410 Maratlion, FL 33050 ATTN: Lorenzo Aghemo GC/93-002—CSI—P3A FINAL/3-07-94 3 Page 30 of 56 866 OFF 0 9 her(-k) cvvtr� ic that mxr �+ "� W, tts t:.atv7°' .of tha. Ir. y 7' "� Ya� e� 19 Moro ('c:aarr�t' aczmtrR,mray 1 Ilzy )"I.n wias executed SrilkIII,11mwwC6 ...Etr..u..r5fryLLI .e re*i•itiuoivt r6,s1 cal P�a (arurrtt 1„�. x. ..Y h.�-.-... ........ .......... 1.2. Pursuant to Rule 9K-5.007(5) , F.A.C. , approval for funding shall be for a period not to exceed two years from the. date of the meeting at which the approval was given. The approval for funding under this Contract shall expire upon the satisfactory completion of the project work and terms and conditions of this Contract or January 5,. 1996, whichever occurs first. 13. Funds awarded under this Contract shall be subject to termination as follows:. a. Failure of the FCT Recipient to comply with the provisions of this Contract shall constitute grounds for terminating the matching grant.. b. The FCT grant portion of funds remaining in the restricted account as a result of early termination of a project grant or from completion of the project at less than anticipated cost shall revert to the Florida Communities Trust Preservation 2000 Trust Fund and be attributed to the bond series out of which the matching grant was made. 14. Notice of Termination may be given by either party according to the provisions for notification in Section I. , paragraph 7 above. if the FCT delivers a Notice of Termination prior to January 5, 1996, such notice shall provide the reason for termination and thirty (30) days for the FCT Recipient to correct any deficiencies or violations that may be the basis of the Notice of 'Termination. 15. The FCT Recipient hereby agrees to fully comply with the applicable accounting, retention of accounting records, and. auditing requirements as described in Rule 9K-5.010-.012', F.A.C. 16. Pursuant to Rule 9K-5.009(h) , F.A.C., the FCT Recipient hereby agrees to submit quarterly project progress reports until. this Contract either expires or is terminated, according to Exhibit "C'" attached hereto and made a part hereof.. 1,7. Pursuant to Rule 9K-5.015, F.A.C. , annual stewardship reports to FCT according to Exhibit ''D"' attached hereto and made a part hereof. GC/93-002-C,SI-1'1`3fs FINAL/3...0.1-9 4 6 Page 31 of 56 867 fol lowing the guidel mes �14,90tll in by the governing body prior to the release of any funds by the FCT. This plan must include the following: a. At a minimum the management plans shall set forth how the site will. be managed to further the purpose of the project, a description of all planned improvements to the project site, the costs and funding sources, and the management entity and its funding source. If the FCT Recipient is not the proposed managing entity, the management plan must include a signed agreement between the FCT Recipient and the managing entity stating the managing entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project, and identification of the source of funding for management. b. Evidence that the management plan is consistent with the local comprehensive plan. C. Evidence that the conditions, imposed in the grant contract have been satisfied. 8. The governing body shall approve: or reject the management plan in accordance with the FCT Recipient's compliance with the grant contract and the requirements of Rule 9K-5.008, 9. The FCT Recipient hereby agrees to fully perform the obligations of the Management Plan approved by FCT. 10. FCT Recipient hereby agrees to provide evidence within thirty (30) days of FCT governing board approval of the management plan that the local match portion, in the amount of Two million one hundred sixtv thougsiand ei ht-hundred forty-nine and 00/10'0 Dollars ($2,160,849.00�) of the total project costs has been transferred by the FCT Recipient into a restricted segregated account established and used exclusively for the purposes of the funded project. Upon notification to FCT that the: restricted account has been established, the FCT funds shall be delivered in the form of a state warrant payable to the FCT Recipient within 30 days. The restricted account shall be the receiving account for the FCT matching grant and shall be subject to the accounting and auditing provisions set forth Exhibit "B" attached hereto and made a part hereof. 1I. Pursuant to Rule 9X-5.003(4) , F.A.C. , prior to awarding funds the local comprehensive plan of a FCT Recipient must either be found in compliance by the Department or the FCT Recipient must have executed a stipulated settlement agreement with the Department to resolve all the issues raised by the Department in a statement of intent to find a plan not in compliance issued pursuant to Section 163. 3184, Florida Statutes. FCT Recipient GC/93-002-CSI-P3A FINAL/3-07-94 5 Page 32 of 56 868 111. PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED 137E CHAPTER 259, CHAPTER 375, AND CHAPTER 380, PART IIIIII, FLORIDA STATUTES. 1. Land acquisition procedures of the Monroe County Land Authority, acting on behalf of the Board of County Commissioners of Monroe County, shall be used for the acquisti.on of the Property hereunder. 2. Any deed whereby the FCT Recipient acquires title to a Project Site shall incorporate by reference the covenants and restriction of this Grant Contract to ensure that the use of the Project Sate at all times complies with Section 375.051, Florida Statutes and Section 9, Article XII of the State Constitution and shall contain the following clause providing for the conveyance of title to the Project Site in the Board of 'Trustees of the Internal improvement Trust Fund upon failure to use the Project Site conveyed thereby for such purposes; By acceptance of this warranty deed, grantee herein .hereby agrees that the use of the Property described herein shall be subject to the covenants and restrictions as set forth in that certain Grant Contract recorded in Official Record Book , Page_, Public Records of Monroe. County, Florida. These covenants and restrictions shall run with the Property herein described. If any of the covenants and restrictions of the Grant Contract are violated by the grantee or by some third ,party with the knowledge of the grantee, fee simple title to the :Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida in accordance with the Grant Contract without further notice to grantee, its successors and assigns, and grantee, its successors and assigns shall forfeit all right, title and interest in and to the Property described herein. 3. If any essential term or condition of this grant contract is violated by the FCT Recipient or by some third party with the knowledge of the. FCT Recipient and the. FCT Recipient does not correct the violation within 30 days of notice of the violation, fee simple title to all interest in the Project Site shall be conveyed to the Board of Trustees of the internal Improvement. Trust. Fund. The FCT shall treat such property in accordance with Section 350.508(4) (e) , Florida Statutes.. 4. Any transfer of the Project Site shall be subject to the approval of FCT and FCT shall enter into a new agreement with the transferee, containing such covenants, clauses, or, other restrictions as are sufficient to protect the interest of the GC193-002-CSI P 3A FINAT..f 3--07_94 7 Page 33 of 56 869 UF 097 8 2 9093 HLC 12 9 7 N People of Vlori(LA- 5. The interest, if any, acquired by the FCT Recipient in the Project Site will not serve as security for any debt of the FCT Recipient unless FCT approves the transaction. 6. If the existence of the FCT Recipient terminates for any reason, title to all interest in real property it has acquired with the FCT award shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit organization which agrees to accept title to all interest in and to manage the Project Site. 7. In the event that the Project Site is damaged or destroyed or title to the Project Site, or any part thereof, is taken by any governmental body through the exercise or the threat of the exercise of the power of eminent domain, the FCT Recipient shall deposit with the FCT any insurance proceeds or any condemnation award, and shall promptly commence to rebuild, replace, repair or restore the Project Site in such manner as is consistent with the Agreement. The FCT shall make any such insurance proceeds or condemnation award moneys available to provide funds for such restoration work. In the event that the FCT Recipient fails to commence or to complete the rebuilding, repair, replacement or restoration of the Project Site after notice from the FCT, the FCT shall have the right, in addition to any other remedies at law or in equity, to repair, restore, rebuild or replace the Project Site so as to prevent the occurrence of a default hereunder. 8. Notwithstanding any of the foregoing, FCT shall have the right to seek specific performance of any of the covenants and restrictions of this Agreement concerning the construction and operation of the Project Site. IV. CONDITIONS RELATING TO 'THE PROJECT SITE. 1. The Project Site shall be managed only for the conservation, protection and enhancement of natural resources and for public outdoor recreation which is compatible with the conservation, protection and enhancement of the natural resources that may occur on the Project site, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site are specifically stated in Proposal 93- g_O2-05L1 approved by FCT. 2. The FCT Recipient shall ensure: that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses as appropriate. If an amendment to the FCT Recipient's GC/93-002-CSI-113A FINAL/3-07-94 Page 34 of 56 870 0 2 9 0 9 3 'Alfffc 1 2 q 7 1 0 9 8 comprehensivP PI WA is required tca comply with this paragraph, the amendment shall, be proposed at the next comprehensive plan amendment cycle available to the FCT Recipient. 3. FCT [Recipient shall ensure that all activities under this contract comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the adopted and approved comprehensive plan for the jurisdiction as applicable. 4. The FCT Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the FCT approved management plan. S. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the FCT Recipient at the Project Site. 6. All buildings, structures, improvements, and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and/or major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably with- held by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the FCT Recipientes management plan addressing the items mentioned herein shall be considered written approval from FCT. B. If archaeological and historic sites are located on the Project Site, the FCT Recipient shall comply with Chapter 267, Florida Statutes. The collection of artifacts from the Project Site or the disturbance of archaeological and historic sites on the Project site will be prohibited unless prior written authorization has been obtained from the Department of State, Division of Historical Resources. 9. The FCT Recipient shall ensure that the Project Site is identified as being publicly owned and operated as a natural resource-based public outdoor recreational site in all signs, literature and advertising regarding the Project Site, The FCT Recipient shall erect a sign(s) identifying the Project site as being open to the public and as having been purchased with funds from FCT and FCT Recipient. GC/93-002-CSI-P3A FINAL/3-07-94 9 Page 35 of 56 871 0Fr nk 1, 8 2 9 REC 3 1 29 1'Ill 1 0 9 9 v OBLIGATIONS OF THE FCT RECIPIENT RELATING To THE USE OF BOND PROCEEDS 1. If the Project Site is to remain subject, after its acquistion by the FCT Recipient and/or the Trustees, to any of the below listed activities or interests, the FCT Recipient shall provide at least 60 days advance written notice of any such activity or interest to FCT, and shall provide to FCT such information with respect thereto as FCT reasonably requests in order to evaluate the legal and tax consequences of such activity or interest: a. any lease of any interest in the Project Site to any person or organization; b. the operation of any concession on the Project site to any person or organization; C. any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with any person or organization; d. any use of the Project Site by any person other than in such person's capacity as a member of the general public; e. a management contract of the Project Site with any person or organization; and f. such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. 2. FCT Recipient agrees and acknowledges that the following transaction, events, and circumstances may be disallowed on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law: a. a sale of the Project Site or a lease of the Project Site to any person or organization; b. the operation of a concession on the Project Site by any person or organization; C. a sale of things attached to the Project Site to be severed from the Project Site to any person or organization; d. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of bonds from which the disbursement is to be made; GC/93-002-CSI-P3A FINAL/3-07-94 10 Page 36 of 56 872 F 2 2 0 9 3 RDECF , 2 9 7 Allf I 1 00 e any use of the Project Site by any person other than in such person's capacity as a member of the general public; f. a management contract of the Project Site with any person or organization; and 9- such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT RECIPIENT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE FCT RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. V1. CONDITIONS PARTICULAR TO THE PROJECT SITE AS A RESULT OF THE FCT APPROVED MANAGEMENT PLAN 1. The FCT Recipient shall perform an archaeological survey of the Snapper Cay site prior to the commencement of proposed development activities on that site. All planned activities involving known archaeological sites or identified site areas shall be closely coordinated with the Department of state, Division of Historical Resources in order to prevent the disturbance of significant sites. 2. Coordination with the Division of Recreation and Parks in the design of the recreation facilities and the overall development of the sites to insure that adequate consideration is given to the containment of stormwater and minimizing negative impacts to the adjacent surface water quality. 3. coordination with bond counsel to insure that activities proposed on the site do not put the tax-exempt status of the bonds at risk. 4. Coordination with the Game and Fresh Water Fish Commission in the design of the recreation facilities and the overall development of the sites to insure that adequate consideration is given to the protection of listed plant species and wildlife habitat. 5. The timing and extent of a vegetative survey of vegetative communities and plant species on the Project Sites shall be specified in the management plan. The FCT Recipient GC/93-002-CSI-P3A FINAL/3-07-94 11 Page 37 of 56 873 829093 R'E'C' I _ 1 7 PAU I 1 0 1 shall detail how the survey shall be used during development of the sites to insure the protection of the natural resources on the project Sites. 6. The wetland communities that occur on the Project Sites shall be preserved and appropriately managed to ensure the long- term viability of these communities. 7. The tropical hardwood hammocks that occur on the Project sites shall be preserved and appropriately managed to ensure the long-term viability of these communities. a. Invasive exotic vegetation that occurs on the Project Sites shall be eradicated. The FCT Recipient shall use the Exotic Pest Plant Counci,l's 1993 List of Florida's Most Invasive Species list to assist in identifying invasive exotic species on the Project Sites. 9. A vegetative buffers shall be provided along the boundary of the Project Sites that interfaces with residential developments. 10. Access to the Project Sites by pedestrians and bicyclists shall be promoted. In the event of a conflict between the terms of the Grant Contract, the Management Plan or the Grant proposal, the controlling document shall be in the following priority: 1. The Grant Contract; 2. The Management Plan; 3. The Grant Proposal. This Contract including Exhibits "A", "B", "Cif and I'D" embodies the entire contract between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Contract. MBOYN:—RO E UNTY _ F ORI D UNITIESTRUT LindaLOmi, Shelley, Chair ir Ti Mavar/Chair-an D te: March 3, 1994 Date. � Accepted as to Form and Legal Accepted as to Form and Legal Sufficiency: Sufficiency: Da t e;__a`_ Date: (Seal) GC/93-002-CS1-P3A Attest: Imimy 1- Kolliage, Clerk FTNA1,/3-07-94 12 BY: r .......... Page 38 of 56 874 0 2 0 0 0 3 RO'EC' 1 2' 9 7 i'AF)" I 10 2 STATE OF FLORIDA COUNTY OF LEON The f 9 instrument was acknowledged before me this yeg day of A a0l, 1994, by LINDA LOOMIS SHELLEY, as Chair of the Florida Communities Trust. She is personally known to me. i N ry P bl Pu r nt Na-e-� m iSsl" mission NO. y V Co jS io Commis n Expires: STATE OF FLUIDA COUNTY OF f)JtL)AU�' The foregoing instrument was knowleoged/befpre me this tu day of fflakek— 1994, by,= WVONAA as He\she is personally anown to me. ,S personally Ngtary Pub i -In 17# Print Name. t-1/1 AS 7;kr Commission No. my Commission Expires: ALvtt4 SMITH.JR. ;Npl- My GoMy=WN#CC303545 DSPLS j*29.1997 �-,W BONDEC'm M FAN 1"S"Ra CC/93-002-CSI-P3A FTNAL/3-07-94 13 Page 39 of 56 875 U 4 J U ') i L J FLORIDA COMMUNITIES TRUST TECHNICAL ASSISTANCE BULLETIN: 02 WRINNG A MANACIL;'M]�WTPLAN The conceptual management plan submitted as a part of a Florida communities Trust (11FCT") grant application or proposal serves as a basis for the management plan for project sites purchased with funds from FCT. Materials and information gathered for the application or proposal can and should be reflected in the plan where appropriate. conditions required in the conceptual Approval Agreement or Grant Agreement should be incorporated in the management plan. Location map, boundary map, vegetative surveys, site plans, conceptual Approval Agreement, the recorded deed when it becomes available, and other supporting documents should be included as exhibits or included in the appendix of the management plan for future readers. The following general outline identifies the range of issues to be addressed in the management plan, where applicable. INTRODUCTION AND GENERAL INFORMATION Provide information including the name of the project, the location of the Project site, and other general information such as a brief resource description, and historical information relevant to site management. Provide a table of contents of the management plan. PURPOSE OF 'THE PROJECT AND KhNAGEMENT Discuss the purpose for acquiring the Project Site and proposed future uses consistent with statements made in the application or proposal. Provide a summary of the comprehensive plan directives that would be furthered by managing the site as Proposed. commitments made in the application or proposal and reinforced by conditions of the grant funding must be reflected in the management plan. Identify the principle objectives for managing natural resources and compatible outdoor recreation. Identify a procedure to amend the land use designation to conservation, outdoor recreation, open space, or other similar category once the land is acquired. Include provisions to ensure that the Project Site is identified in all signs, literature, and advertising as being publicly owned, open to the public and operated as a natural resource conservation area, outdoor recreation area, o)- other appropriate descriptive language, allci joeni"ifying the project, site as havirig been purchased with funds fr(.,am the FCT and the Reci,pient. Rev, Page 40 of 56 876 8 2 9 0 9 3 9 7 N61 I 1 0 4 C S 1,r 1; r)I VF MN AND A CE SS L�OPMENT, 1MV14OVEE TS IFIe7oypc),,ate a provl,`,u(M f()rr equesting written cippr'Oval from the FCT 1_)�fore undertaking any Site alterations or physical improvements that are riot addressed in the FCT approved management plan. Rb_y.si.gi'I-,Lqp_rg_VgMe'.n_t§i Identify and locate existing and proposed physical improvements to the Project Site on a master site pretreat These might include such campgrounds, fences ways, recreational Paths, things as signs, lkwa restrooms, educational space, utility corridors, parking areas and buildings. identify any proposed alteration of land use or character, the approximate area affected and how this activity will be coordinated with the protection of listed plant and animal species. Identify any permits or approvals that may be required for the development or restoration work and a procedure for providing evidence to the FCT prior to the initiation of any activity that all required licenses and permits have been obtained. Include the: placement of at least one sign identifying the Project Site as being open to the public, purchased with funds from FCT and the Recipient, operated as a natural resource conservation area, outdoor recreation area, or other appropriate descriptive language. Acres Identify how access to the Projiect site will be provided. For example, are parking places proposed on-site, and if so, approximately how many spaces or how much area will be devoted to this use? If parking is not proposed on-site, are there existing or proposed spaces adjacent to or sufficiently near the property? Identify any proposed access to waterbodies, including, but not limited to, marinas, docks, boat ramps, fishing piers or viewing platforms and the approximate size of the facility. Consider providing bike paths to the site and bike racks at the site to provide an alternative to automobile transportation to the Project Site. Access to Project sites should be compatible with all state and federal construction standards, including the Americans with Disabilities Act. Identify existing and proposed easements, concessions, or leases. If easements, concessions, or leases are anticipated to be granted on the Project site:, such proposed arrangements need to be identified. These might include utility rights-of-way, flowage or access easements, recreation or supply concessions, and leases or other instruments that would allow grazing, timbering, agriculture, or other revenue producing enterprises, include a procedure to provide 60 days prior written notice and ir-)foy�mat ton regardin(I any lease of any interest, the operation of any con(,',( ssieven, any .,aLe or OPtior', any Jay a member Pov, e/4/144 Page 41 of 56 877 I .. 11 " , r. A L 1. 0 4. U j I m I n I F Fn t 4 k,r I t r'.I 2 ()f t t I(, i 1.C? W i t 11 error KEY MANAGEMENT ACTIVITIES Maintenance: Identify required maintenance, activities, including but not limited to trash removal, site cleanup, and facilities upkeep. Identify the entity responsible for property maintenance. Identify procedures to ensure that dumping of trash or hazardous material does not occur on or adjacent to the Project Site. identify contemplated service contracts with private concerns such as garbage removal, restroom cleaning, security guards, etc. security; Identify the parties responsible for preventing vandalism, trespassing, and other property damage. Identify measures to protect the Project Site and the public using the site such as on-site manager, security guards, neighborhood watch, emergency phones, etc. Staffing: Identify the expected staffing requirements for management of the Project Site including both permanent and volunteer staff. Natural resource Protection: Identify the natural resources at the Project Site and the issues, problems, and proposed management techniques associated with protection of those natural resources. Management techniques should include, but not be limited to, a baseline survey of listed plant and animal species, protection of listed plant and animal species, protection of imperiled or critically imperiled vegetative communities, protection of geological features, protection of surface water and groundwater quality and hydrology and prescribed burns. Identify monitoring activities to insure the continued viability of vegetative communities and listed species found on the Project site. The monitoring plan should include periodic surveys of the vegetative communities, listed plant species, and listed animal species found on the Project site. Provide for forwarding survey information on the occurrence of listed plant and animal species to the Florida Natural Areas Inventory. Resource restoration and enhancement: Identify the primary components of the Project Site: enhancement and restoration effort, it any. These might include removal of invasive exotic plant species, removal of feral animals, restoration of wetlands, improvement of surface water quality, recovery plan for listed species, and restoration of uplands habitat. This section should include a time frame for implementing and completing the activities and a monitoring program to insure success of the resource enhancement activities. Identify parts of the property that require different degrees or types of enhancement management. Archeological and historical resource protection: Identify any archoologic"ll or historical site.,,; on the Project Site and t1le pl' )mary components of manat',jing the ar historical Page 42 of 56 878 8 2' 9 0 9 3 :E'C' I - 9 7 i',Q I I G 6 ('hlt.I 1 110" pT kpcedKj r 0'!' t o Pr otoc,t o (Iloo I a"j t c"l I car- )I r a i t m a y be i r d v t i I if i ed i n t.1)e f u t u re n c o r orate a p z'.-o v i;ii o n t a a t if any arch��Ieoiogica) and historic resources are di5cover(wd at the Project Site, t:he Recipient Shall comply with the provisions of Chapter 267, Flor.ida Statues specifically Sections 26-7.061 (2) (a) and (b) . Provide for coordination with the Divi,sion of Historical Resources, Florida Department of State. Coordination: Explain how the management of the site Will be coordinated with other adjacent land owners and other resource protection agencies. For example, in the case of prescribed burns, what measures will be used to minimize impacts on nearby residential properties? identify measures to protect the Project Sites from adjacent off-site activities that might impact resources on, the Project Site such as pesticide spraying on adjacent property, water treatment facility discharging into creeks flowing through Project Site, etc. include provisions to coordinate with other agencies for appropriate guidance, recommendations, and necessary permits that may be related to the Project Site, such as the following: the Florida Game and Fresh Water Fish commission and U.S. Fish and Wildlife Service to avoid impacts to listed species; the Water Management District and Department of Environmental Protection to ensure that development of the Project Site is done in a manner to protect or improve water quality; the Division of Forestry and the Game and Fresh Water Fish commission on the implementation of a prescribed burn program; other local, state, or federal agencies special management plans, if appropriate. COST ESTIMATE AND FUNDING SOURCE Identify the estimated costs of the various development and management activities outlined in the management plan. For review and analysis purposes, the estimated costs should be separated into the same categories as the identified activities, Identify the entity that will pay for development and management of the Project Site and some measure of the commitment or capacity to Provide these monies. For example, adequate personnel and resources in the local parks and recreation department may exist to address the added burden associated with the Project Site. Identify any citizen organization or non-profit groups committed to providing services or funding and a measure of commitment or capacity to provide these services. PRIORITY SCHEDULE Identify a proposed time line for implementing the development and management activities of the management plan based on established , prior tties and the availability of funds. Provide a graphic display of thc implementation tjiT,)e lines. Rev. Page 43 of 56 879 MONITORING 8 2 9 0 9 3 RUC' I _ 9 7 PAGGI I 10 7 Identify procedures for assessing progress in achieving goals set forth in the management plan such as the percentage of property restored, inventory of species using the Project Site, etc. Identify procedures for periodic amendment to the management plan, when appropriate. Include a provision acknowledging responsibility for preparing an annual stewardship report to the FCT, due on the anniversary date on which the Project Plan was approved by FCT. Rev. 3/4/94 5 Page 44 of 56 880 F $ 29093 Z C' I z 9 7 PA�;[I 10 8 Exhibit I'D" Rule 9K-5.010 Accounting Requirements. The grantee shall maintain an accounting system which provides for a complete record of the use of all funds connected with the grant. This accounting system shall provide for: (1) Accurate, current, and complete disclosure of the financial results of the grant. (2) Records that identify adequately the sources and application of funds for all activities related to the grant. In the absence of a proper accounting system with accounts for source and application of funds, a separate checking account may be used. (3) Effective control over and accountability for all funds, property, and other assets, (4) Comparison of actual outlays with amounts in budget. (5) Procedures to minimize the time elapsing between the transfer of funds from the Trust and the disbursement by the grantee. (6) Procedures for determining reasonableness, allowability, and allocability of costs. (7) Accounting records that are supported by source documentation, for example: invoices, bills, canceled checks. (8) An independent audit performed in accordance with Section 11.45, Florida Statutes, and rules of the Auditor General of the State of Florida. Such audits should be conducted at least every two (2) years. Specific Authority 259.101, 374.045, 380.507(11) , F.S. Law Implemented 259.101, 375.045, 380.510, F.S. History--New 6-30-93. Rule 9K-5.011 Retention of Accounting Records. (1) Financial records, supporting documents, statistical records, and all other records pertinent to a grant shall be retained for a period of three years after the end of the grant period or until an audit is completed. If any litigation, claim, or audit is started before the expiration of the three year period, the records shall be retained until all litigation, claims, or audit GC/93-002-CS1-P3A FINAL/3-07-94 Page 45 of 56 881 8 2 9 0 9 3 80 Er I, , 2 9 7 1'A j[L I 1 09 findings involving the records have been resolved. (2) The grantee shall make all grant records of expenditures, copies of reports, books, and related documentation available to the Trust, the Department, or any duly authorized representatives of the state for inspection at a reasonable time for the purpose of making audits, examinations, excerpts, and transcript. Specific Authority 259.101, 374.045, 380.507(11) , F'.S. Law Implemented 259.101, 375.045, 380.510, F.S. History--New 6-30-93, Rule 9K-5.012 General Audit Procedures. The Trust shall develop a monitoring and audit schedule at the beginning of each grant year to insure the adequate monitoring and audit of selected grantees. All grantees that receive a matching grant shall provide for examinations in the form of audits of their books and accounts. This does not mean that each grant shall be audited separately. The grantee may provide for a general audit of its books performed in accordance with Section 11.45, Florida Statutes, that would include the grant. The Trust may, at its option, perform selected or complete audits of grants or grantees. The potential for such an audit increases when one of the following circumstances or conditions exist; (1) First year grantees; (2) Where a grants administrative official of the Department or Trust determines that a grant report indicates that a provision of the grant requirements has not been met or a grant report has not been filed by the grantee; (3) The grantee has a history of poor performance under a Trust grant; (4) The grantee is under investigation by another granting agency. Specific Authority 259.101, 374.045, 380.507(11) , F.S. Law Implemented 259.101, 375.045, 380.510, F.S. History--New 6-3,0-93. GC/93-002-CSI-P3A FINAL/3-07-94 2 Page 46 of 56 882 2 9 0 9 3 R,E,CF EXHIBIT "C" QUARTERLY PROGRESS REPORT Please fill in all Project identification information as requested. The performance reports will be cumulative in terms of information presented, but the Quarterly Report Period should indicate only the date of the current quarterly period being submitted. Project Description should be a maximum of two paragraphs, identifying the problem which this, project addresses, the proposed solution, implementation, or other proposed outcome of the project. Please identify any partners working with the Recipient. Project Acquisitions should list and briefly describe all acquisitions identified in the Grant Proposal and Contract. Project Progress by Ouarter should become a cumulative report throught the life of the project. Please address specific progress made toward completion or satisfaction of each acquisition. The acquisition itself need not be reiterated, but the acquisition numbers should correspond with the Project Acquistion numbers identified in the Project Acquisition section above. Please identify completion of each acquisition where appropriate. PROJECT NAME: FCT RECIPIENT: PROPOSAL NUMBER: PROJECT MANAGER: EFFECTIVE DATE OF AWARD: QUARTERLY REPORT PERIOD: PROJECT DESCRIPTION: GC/93-002-CSI-P3A FINAL/3-07-94 Page 47 of 56 883 8 2 9 0 9 3 RIC 11F 1 2 9 7 PHE I I I I PROJECT ACQUISITIONS: Acquisition 1. Acquisition 2. Acquisition 3. (List all acquistions listed in grant Contract.) PROJECT PROGRESS BY QUARTER: 1st Quarter (dates) Acquisition 1. Acquisition 2. Acquisition 3. (Describe any project implementation problems encountered, if applicable.) end Quarter (dates) Acquisition 1. Acquisition 2. Acquisition 3. , (Describe any project implementation problems encountered, if applicable.) 3rd Quarter (dates) Acquisition 1. Acquisition 2. Acquisition 3. (Describe any project implementation problems encountered, if applicable.) 4th Quarter (dates) Acquisition 1. Acquisition 2. Acquisition 3. (Describe any project implementation problems encountered, if applicable.) GC/93-002-CS1-P3A FINAL/3-07-94 2 Page 48 of 56 884 8 2 9 E13 3 or 2 J 7 i;�GE'I l 12 EXHIBIT "D" ANNUAL STEWARDSHIP REPORT REQUIREMENTS CC/93-002-CS7-P3A FINAL/3-07-94 3 Page 49 of 56 885 8 L 9 (1 J 3 P�F.0 1 1 EXHIBIT "D" ANNUAL RTEIWARDJSHIP REPORT" REQUIREMENTS Rule 9K-5.015, Florida. Administrative Code requires the Recipient of a grant award from the Florida Communities Trust (FCT) to prepare an annual stewardship report due on the anniversary of the date on which the project plan was approved by the FCT governing body. The annual stewardship report evaluates the 'Recipient's implementation of the approved management plan and verifies that award conditions are being followed, that uses and management of the project site are compatible with the protection of natural resources, and that monitoring and survey information is used to refine management of the project site. At a minimum, the format and :content of the proposed report should. include a table of contents; numbered pages; a section summarizing the status of site development and key management activities; a. section identifying gross revenue received through fees, sales and concessions if any; a section assessing new information and outlining changes needed to update the adopted management plan; and any appropriate supporting documents as attachments.. The section summarizing site development and key management activities should address the status of each activity proposed in the management plan approved by the 'FCT. These activities should. include all physical improvements, maintenance, security, vegetation and animal surveys, exotic species control program, educational program, prescribed burn program, and any other activity proposed in the management plan. This information can be presented in summary form as shown below.. Example Table: SUMMARY of SITE DEVELOPMENT AND MANAGEMENT ACTIVITY MANG.F'LAN' CtiN BEHIND CONTINU COMPLETED PAGE No. SCHEDULE/ SCHEDULE ING NOT BEGUN Any activity that is behind schedule must include a brief statement explaining the reason for the delay and a new target date for its completion. Completed activities should include a brief statement explaining the end result. The section identifying gross revenue received through the collection of fees, sale of goods and services and other means should identify the activity involved, the managing entity receiving income and the gross amount of income received. This information can be presented in summary form as shown below. Example Table: SUMMARY OF REVENUE RECEIVED __ £I�1 EN"IIIDY GRCJ�S AMOUNT RECEIVED ;ir...W-16 bov HMwd'W�twr�Y �I�F�N"t` l h�[af't4AlkC` (*I lift Q,*011 Page 50 of 56 886 Individual insurance items in this Exhibit may be deleted by the County's Risk Manager if rendered unnecessary or redundant by insurance obtained by UKCP contractor(s) or subcontractor(s). EXHIBIT D a Page 51 of 56 887 EXHIBIT "C" General Insurance Requirements for Organizations/Individuals Leasing County-Owned Property Prior to the Organization or Individual taking possession of the property owned by the County, or commencing its Management operations, the Organization/Individual shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this lease/rental agreement. The Organization/Individual will not be permitted to occupy or use the property until satisfactory evidence of the required insurance has been furnished to the County as specified below. The Organization/Individual shall maintain the required insurance throughout the entire term of this lease/rental agreement and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate termination of the lease/rental agreement and the return of all property owned by the County. The Organization/Individual will be held responsible for all deductibles and self-insured retentions that may be contained in the Organization/Individual's Insurance policies. The Organization/Individual 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 thatthey are not subjectto 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 Organization/Individual's insurance shall not be construed as relieving the Organization/Individual from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, will be included as "Additional Insured" on all policies. They will also be named as "Loss Payee"with respect to Fire Legal Exposure. 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 Department. Page 52 of 56 888 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR LEASE/RENTAL OF PROPERTY OWNED BY THE COUNTY FOR CONTRACT 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 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 • Fire Legal Liability (with limits equal to the fair market value of the leased property.) The minimum limits acceptable is: $5,000,000 Combined Single Limit(CSL) An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition,the period for which claims may be reported should extend for a minimum of twelve months following the termination of the Lease/Rental Agreement. The Monroe County Board of County Commissioners will be named as Additional Insured and Loss Payee on all policies issued to satisfy the above requirements. Page 53 of 56 889 BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS FOR LEASES/RENTALS OF COUNTY-OWNED PROPERTY FOR CONTRACT 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 purchase Business Automobile Liability Insurance. Coverage shall be maintained throughout the life of the Lease/Rental Agreement and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles • Physical Damage Protection (if the leased property is a County-owned vehicle) The minimum limits acceptable is: $300,000 Combined Single Limit(CSL) ACV for Physical Damage The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. In addition, if the lease/rental agreement involves County-owned vehicles, the Monroe County Board of County will be named a"Loss Payee"with respect to the Physical Damage protection. Page 54 of 56 890 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor will obtain Workers' Compensation Insurance with limits sufficient to respond to applicable Workers' Compensation state statutes and the requirements of Chapter 440, Florida Statutes. In addition, the Contractor will obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limits $500,000 Bodily Injury by Disease, each employee Coverage will be maintained throughout the entire term of the contract. Coverage will be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County may 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,providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition,the Contractor may be required to submit updated financial statements from the fund upon request from the County. Page 55 of 56 891 INDEMNIFICATION, L A LESS AND DEFENSE MONROE COUNTY, 1100 SIONTON STREET, KEY ST, FL 3. ®4® S LL E NAMED CERTIFICATE HOLDER AND AS AN ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Lease, Contractor 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 (including attorney's fees) 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 Contractor or any of its employees,agents,contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees,agents, sub-Contractor's or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, 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 Contractor). 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. In the event that the term of this lease is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The extent of liability is in no way limited to,reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. PROPOSER Signature STq rJ GK 0.' e/KCJ 6 cS Page 56 of 56 892 PROPOSAL FORM BID TO: MONROE COUNTY BOARD OF'COUNTY COMMISSIONERS CIO PURCHASING DEPARTMENT GATO BUILDING ROOM 2-213 1100 SIMONTON STREET KEY WEST,FLORIDA 33040 The undersigned, having carefully examined the work, specifications, R.FP documents, and addenda thereto,and other Contract Documents for the services of- OPERATION AND MANAGEMENT SERVICES JACOBS,AQUATIC CENTER MONROE COUNTY,FLORIDA And having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself/herself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the work, does hereby propose to furnish labor, mechanics, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said work in a workman-like manner, in conformance with specifications,and other contract documents including addenda issued thereto. Company Information and Signature Page Company EIN: 27 - 1 4�;1 G j,5"4-_ -Company Name: fcs' MQC- Company Ownership: Years in Business: Company Address: Company Phone Number: r<4 1 - I ct t!0 'Fax. Company web address: Number of Employees: Company E-mail: Management Person Responsible for Direct Contact to County and Services required for this RFP: Name: LA 6j�e(At, 'ride: vres- e Phone Number: - tqcL-) e)cl,161 d1rcc-i , 776- 3 54-qV4'b Email Addres MrA-fi) A Q ya v-eA &4,ua+CC 9, C. Signatur&A u4orized Repre tative Date Page 25 of 95 893 Type or Print Officer's Name and I itle:11C±_604CII I-Q Proposed Management Services fee, including the Basic Services described in Tab I of the Business Plan is: Annual rate of$ I acknowledge receipt of Addenda No,(s) i No. -1 Dated_ z O-L-�> N..j,Datcd_ sated No Dated. —__.- Page 26 of 95 894 Proposer, states by its check mark in the blank beside the form and by its authorized representative's signature that it has provided the following forms: a. Proposal Fonn b. County Forms Affidavit(public Entity Crime Statement; Ethics Clause; Drug-Free Workplace;Vendor Certification regarding Scrutinized Companies List; and Non-Collusion Affidavit) el Lobbying and Conflict of Interest Clause d. Proposer's Insurance and Indemnification Staternent el Insurance Agents Statement(signed by agent) f. Local Preference Form and requirements(if applicable) Three(3)customer references and three(3)credit references II, Three(3)years of Financial Statements marked "CONFIDENTIAL"by separate document upload to Bonfire In addition,Proposer states that it has included a current copy of all required professional and/or License. (Check mark items above.as I reminder that time Lare I_Lncluded,j Proposer/Conipany: Mailing Address- LA .4C 102), 14,% CA Phone Number: Ernail Address: cbe_14 Date. _04- 42'a-5 Signed- nai yew ero (Title) Witness: Print Name:. Page 27 of 95 895 UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING AFFIDAVIT OF COMPLIANCE AND THAT THE FACTSSTATED IN IT ARE TRUE. tur of Responlrrt otractor) (Date) ' STATE OF COUNTY OF The foregoing instruu(critwa(s s'womto (or aft nned) and subscrib before me by means ()fl physi a pre 9�xe or onl' e notarization this day by Mir i+ W ,M,j SVVEFlESS_Ljp pry p Ohio Signature of Notary Public-Statepf-F'Jorida Dmmk, im Expilros Am �qovomt)erN,20 Name of Notary My commission expires: Personally Known ....... OR Produced Identification 'Type of Identification Produced Page 31 of 95 ........... ..................... ......... ......... 896 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY,FLORIDA ETHICS C[,AUSE C_ (Company) warrants that he/it has not emp�loyed, retained, or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 0 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. 'or breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also,in its discretion,deduct from the Agreement or purchase price,or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". Gnat-�e) date: 7 -zo s,rATE OF COUNTY OF The foregoing instrument was sworn to (or affirmed) and subscrib before me by means of I ^ physic I prTet ce o4r ] online notarization this day23,k 20�,_ y L C/A VVILIJA, j SWERESS Signature of Notary Public-State of1qor 4,CS W Expiss N ombey 29,2025 112)111-412,ej z Name of Notary My commission expires: `5 Personally Known OR Produced Identification Type of ldentificati, Produced, 3 Page 32 of 95 897 BUSINESS AUTOMOBILE LIABILITYINSURANCE REQUIREMENTS O LEASES/RENTALS OF COUNTY-OWNED PROPERTY FOR CONTRACT' BETWEEN MONROE COUNTY,FLORIDA AND Prior to the Org aizationfin ivid ual taking possession of the property governed by this lease/rental agreement, the Organization/Individual shall purchase Business Automobile Liability Insurance. Coverage shall be maintained throughout the life of the Lease/Rental Agreement and include, as a minimum, liability coverage for: • Owned,Non-Owned,ned, and Hired'Vehicles • physical.Damage protection(if the leased property is,a County-owned vehicle) The minimum limits acceptable is. $300,00t O Combined Single Limit(CSL) ACV for Physical Damage The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. In addition, if the lease/rental agreernent involves County-owned vehicles, the Monroe County Board of County will be named a"Loss Payee"with respect to the Physical Damage protection. Page 3,5 mf95 898 WORKERS" COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY,FLORIDA AND Prior to the eon mencernent of work governed by this contract, the Contractor will obtain Workers' Compensation Insurance with limits sufficient to respond to applicable Workers' Compensation state statutes,and the requirements,of Chapter 440,Florida Statutes. In addition,the Contractor will obtain Employers' Liability Insurance with limits of not less than:� $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage will be maintained throughout the entire term of the contract, Coverage will be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County may 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, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund,a Certificate of Insurance will be required, In addition,the Contractor may be required to submit updated financial statements from the fund upon request from the County. Page 36 of 95 899 INDEMNIFICXrION, HOLD HARMLESS AND DEFENSE MONROE CO SHALL BE NAMED CERT117CATE HOLDER AND AS AN ADDHIONAL INSURED ON ALL POLICIES EXff PT WORKE R'S COMPENSA TION. Notwithstanding any minimum insurance requiremenu prescribed elsewhere in this Lease, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harnilessfrom 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 (di) any costs or expenses (including attorneys fee-,) 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 Contractor or any of its employees,agents,contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors,or other wrongful act or omission of Contractor or any of its employees, agents, sub-Contractor's or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertal(es under the terms of this Agreement, 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 Contractor). 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 earlierternlination of this Lease. in the event that the to of this lease is delayed or suspended as a result of the 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. 1".he extent of liability is in no way limited to,reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMEN'r. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will com ply infull witli all of the requirements hercin. I fiffly accept the indcn-mification emd hold harinicss aad duty to defend as set out in this proposal. PROPOSER Signature Page 37 of 995 900 INSURANCEAGENTIS STAXEMENT I havereidewed the,above requirements with the proposer named above. The following deductibles apply totbe corresporiding policy, POLICY DEDUCTIBLES $500M 3_en.e.rW_LAjb_iRty_pa1—i(,,y—_ Urnbr ll Il $0 Workers Comp policy 0 Liability policies aivA.ass cmrence —_--Claims Made Morgan& Associates Insurance Group Insurame Agency Signa Page 38 of 95 901 LOCAL PREFERENCE FORM A. Vendors claiming a local prefierence according to Ordinance 023-2009,as amended by OWinance No. 004-2015 and 025-2015,must complete this form,. 1-1 Name of Bidder/Responder Qj at.: 4 1.Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one(1)year prior to the notice of request for proposals? (Please furnish copy,) 2.Does the vendor have a physical business address,located within Monroe County from which the vendor operates or performs business on a day-to-day basis that is a substantial component of the goods or services being offered to Monroe County? (The physical business address must be registered as its principal place of business with the Florida Department of'Stat?for,at least one year p i to the notice of request for proposals.) List Address. Telephone Numben B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services, or construction to local businesses meeting the criteria above as to licensing and location? If yes,please provide: 1, Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one(I)year prior to the notice or request 11or proposals. 2. Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one(I year prior to the notice of request for bids or proposals) �V,ve L,6 K�-3oc Number C) A �ress Print Name° 'n Signatur and IJ 1 11 o olAuatThrized eel for Biddertesponver STATE OF COUNTY OF The foregoing instrument was sworn to (or affirmed. id subscribed, �fore me b means of�4physical en or line notarization this day of 20��;, by ZIU "N llr') "S Signature of Nota)y Public- ate of��a Wil]AfJ'EAeVrJ"'E-.S u fc- Notar, my Qxrnllssk"n E)pkosl Novonbe'ZID,2026 Name of No :X) My commission exp ires- Personally Zin-own OR Produced Identification Type of Identific tion Produce 7021 Page 39 of 95 902 DATE(MM/DD/YYYY) A�Rom® CERTIFICATE OF LIABILITY INSURANCE l/l/2024 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). PRODUCER CONTACT NAME: Donald Morgan Morgan&Associates Insurance Group GA PHONE FAx7709178477 8667136171 g P A/C,No,Ext: (A/C,No): PO Box 5813 ADDRESS: dmorgan(a�maginsurance.com INSURER(S)AFFORDING COVERAGE NAIC# Douglasville GA 30154 INSURER A: KINSALE INSURANCE COMPANY 20010 INSURED INSURER B: STARNET INSURANCE COMPANY Standguard Aquatics Inc INSURER C: ACCEPTANCE IND INSURANCE 5665 Atlanta Hwy INSURER D: Ste 103-168 INSURER E: Alpharetta GA 30004 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. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADEETT- OCCUR PREMISES(Ea occurrence) $ 100,000 Pool maintenance MED EXP(Any one person) $ 5,000 A Life Guard Services Y 0100236475-0 04/20/2023 04/20/2024 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 x POLICY ❑PE� ❑LOC PRODUCTS-COMP/OP AGG $ 1,000,000 OTHER: Contractual Liability $ AUTOMOBILE LIABILITY (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED AUTOS ONLY AUTOS 0100236475-0 04/20/2023 04/20/2024 BODILY INJURY(Per accident) $ HIRED NON-OWNED 11F<U11EF<I Y DAMAGE $ AUTOS ONLY /� AUTOS ONLY (Per accident) x UMBRELLA LAB x OCCUR EACH OCCURRENCE $ 4,000,000 C EXCESS LAB CLAIMS-MADE Y EMM0001262 00 04/20/2023 04/20/2024 AGGREGATE $ 4,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION IPER AND EMPLOYERS'LIABILITY Y/N x STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 B OFFICER/MEMBER EXCLUDED? Fy-1 N/A BNUWC0159934 05/25/2023 05/25/2024 (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 Y DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Monroe County Board of County Commissioners are listed as additional insureds and Loss payees , ey �� ,.. TF 1 z z4 WAMP , CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE 00-4 J 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 903 E(MM/DD/YYYY) A�Rom® CERTIFICATE OF LIABILITY INSURANCE 71/l/2024 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). PRODUCER CONTACT NAME: Donald Morgan FA Morgan&Associates Insurance Group GA PHONE 77091784777136171 g p A/C,No,Ext: INC,(A/C No): PO Box 5813 ADDRESS: dmorgan@maginsurance.com INSURER(S)AFFORDING COVERAGE NAIC# Douglasville GA 30154 INSURER A: KINSALE INSURANCE COMPANY 20010 INSURED INSURER B: STARNET INSURANCE COMPANY Standguard Aquatics Inc INSURER C: ACCEPTANCE IND INSURANCE 5665 Atlanta Hwy INSURER D: Ste 103-168 INSURER E: Alpharetta GA 30004 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. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ 100,000 Pool maintenance MED EXP(Any one person) $ 5,000 A Life Guard Services Y 0100236475-0 04/20/2023 04/20/2024 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 RO- x POLICY ❑J ECT LOC PRODUCTS-COMP/OP AGG $ 1,000,000 OTHER: Contractual Liability $ AUTOMOBILE LIABILITY (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED AUTOS ONLY AUTOS 0100236475-0 04/20/2023 04/20/2024 BODILY INJURY(Per accident) $ ��// HIRED �/ NON-OWNED $ /� AUTOS ONLY /� AUTOS ONLY (Per accident) x UMBRELLA LIAB x OCCUR EACH OCCURRENCE $ 4,000,000 C EXCESS LIA6 CLAIMS-MADE Y EMM0001262 00 04/20/2023 04/20/2024 AGGREGATE $ 4,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION )CIPER STATUTE ER ND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 B OFFICER/MEMBER EXCLUDED? Fy] N/A BNUWC0159934 05/25/2023 05/25/2024 (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 Y DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Monroe County Board of County Commissioners are listed as additional insureds and Loss payees �, ua T 1 2.24 WAPM WI - '" CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE 00.4;4 J Marla— 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 904 2023 / 2024 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2024 RECEIPT# 47161-138748 Business Name: STANDGUARD AQUATICS INC VE Owner Name: MATT SATTERLY Business Location: 320 LAGUNA KEY LARGO, FL 33037 Mailing Address: 5665 ATLANTA HWY STE 103-168 Business Phone: 844-651-1990 ALPHARETTA, GA 30004 Business Type: MISCELLANEOUS SERVICE (COMMUNITY POOL) Employees 35 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 0.00 10.00 10.00 0.00 0.00 0.00 10.00 Paid 000-23-00052295 04/02/2024 10. 00 THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC,Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING, ZONING AND LICENSING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2024 Business Name: STANDGUARD AQUATICS INC RECEIPT# 47161-138748 320 LAGUNA AVE Business Location: KEY LARGO, FL 33037 Owner Name: MATT SATTERLY Mailing Address: Business Phone: 844-651-1990 5665 ATLANTA HWY STE 103-168 Business Type: MISCELLANEOUS SERVICE (COMMUNITY POOL) ALPHARETTA, GA 30004 Employees 35 Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 0.00 10.00 10.00 0.00 0.00 0.00 10.00 Paid 000-23-00052295 04/02/2024 10. 00 905