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5th Amendment 08/21/2024 Docusign Envelope ID:98B58D9A-744F-4FF8-A8AF-23184DB3C962 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-03 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT AMENDMENT TO THE PUBLIC TRANSPORTATION OGC07/22 GRANT AGREEMENT Financial Project Number(s): Fund(s): DDR,DPTO FLAIR Category: 088719 (item-segment-phase-sequence) 447911-1-94-01 Work Activity Code/Function: 215 Object Code: 751000 Federal Number/Federal Award Org. Code: 55062020629 Identification Number(FAIN)—Transit only: Vendor Number: VF596000749053 Contract Number: G2090 Federal Award Date: Amendment No.: 5 CFDA Number: N/A SAM/UEI Number: CFDA Title: N/A CSFA Number: 55.004 CSFA Title: Aviation Grant Program THIS AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT("Amendment") is made and entered into on 08/26/2024 1 8:46 PM EDT , by and between the State of Florida, Department of Transportation ("Department"), and Monroe County Airports, ("Agency"),collectively referred to as the "Parties." RECITALS WHEREAS, the Department and the Agency on 10/20/2021 (date original Agreement entered) entered into a Public Transportation Grant Agreement ("Agreement"). WHEREAS, the Parties have agreed to modify the Agreement on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants in this Amendment, the Agreement is amended as follows: 1. Amendment Description. The project is amended to add FY25 funding. 2. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): X_ Aviation Seaports _ Transit _ Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 3. Exhibits. The following Exhibits are updated, attached, and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X_ Exhibit B: Schedule of Financial Assistance _ *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions _ *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution Exhibit E: Program Specific Terms and Conditions Exhibit F: Contract Payment Requirements X *Exhibit G: Financial Assistance (Single Audit Act) *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance *Exhibit I: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor Page 1 of 8 Docusign Envelope ID:98B58D9A-744F-4FF8-A8AF-23184DB3C962 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-03 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT AMENDMENT TO THE PUBLIC TRANSPORTATION OGC07/22 GRANT AGREEMENT *Additional Exhibit(s): 4. Project Cost. The estimated total cost of the Project is X increased/_ decreased by$20,000,000 bringing the revised total cost of the project to $58,882,742. The Department's participation is X increased/ _ decreased by $10,000,000. The Department agrees to participate in the Project cost up to the maximum amount of $29,441,371, and, additionally the Department's participation in the Project shall not exceed 50.00% of the total eligible cost of the Project. Except as modified, amended, or changed by this Amendment, all of the terms and conditions of the Agreement and any amendments thereto shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year written above. AGENCY Monroe County Airports STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION de, ��m�� o DocuSigned by: 10"1�� .,) " 0AwLt ��t,SIAS 08/26/2024 1 8:46 PM EDT By: Lay: 6A23331EC56748A_. Name: Richard Strickland Name: Daniel Iglesias Title: Executive Director of Airports Title: Director of Transportation Development F40 COUNTY A ANEY STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION A;''r FORM Legal Review: Alicia Trujillo P� „,,,,�r DocuSigned by: A � T� C ATTORNEY I r' Dttr. 7/30/24 auuA fiV1A�ltl4 08/26/2024 4:22 PM EDT 12CAFOE1 B1 DB49C... District six chief counsel Page 2 of 8 Docusign Envelope ID:98B58D9A-744F-4FF8-A8AF-23184DB3C962 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC07/22 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): Key West Int'I Airport Terminal Concourse A B. Project Location (limits, city, county, map): Key West International Airport/Key West, FL/Monroe C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): The terminal expansion program at Key West International Airport will include programming, design, permitting, financing, and construction. The expansion program is comprised of several elements to improve the level of service to its' passengers and tenants. The program elements may include but not limited to: a new second-level Concourse A of approximately 48,000 square feet, expansion program of additional baggage make up areas and devices, airline ramp/office spaces, ramp equipment storage areas and an additional bag claim device; an expanded security checkpoint with area to support up to 4 lanes and added support spaces, a new extended passenger bridge located post security will connect the existing terminal building with the new Concourse, a new pedestrian bridge for public access to airport administration offices, passenger boarding jet bridges, airline ticketing space, airline office space and baggage system space and systems; an expanded rent-a-car facility area and baggage service offices. D. Deliverable(s): The terminal expansion program at Key West International Airport will include programming, design, permitting, financing, and construction. The expansion program is comprised of several elements to improve the level of service to its' passengers and tenants. The program elements may include but not limited to: a new second-level Concourse A of approximately 48,000 square feet, expansion program of additional baggage make up areas and devices, airline ramp/office spaces, ramp equipment storage areas and an additional bag claim device; an expanded security checkpoint with area to support up to 4 lanes and added support spaces, a new extended passenger bridge located post security will connect the existing terminal building with the new Concourse, a new pedestrian bridge for public access to airport administration offices, passenger boarding jet bridges, airline ticketing space, airline office space and baggage system space and systems; an expanded rent-a-car facility area and baggage service offices. The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): N/A F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. Page 3 of 8 Al Oo fl °s, 0,IN 00UD W111 L'Z" I r- r , ,it rr" �f � rl'j 1 !. r 4,4,4 PW0)), P!"` IM ON ME 11%6 (0 0) Ww .......... LL 00 IG �� u � r aw Q Q �K a coo Y Q J Q �, .14, ✓ v w�„, i ui �„ n4 l% p' N Docusign Envelope ID:98B58D9A-744F-4FF8-A8AF-23184DB3C962 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC07/22 EXHIBIT B Schedule of Financial Assistance FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Fund FLAIR State Object CSFA/ CSFA/CFDA Title or Funding Management Type Category Fiscal Code CFDA Funding Source Amount Number Year Number Description 447911-1-94-01 DDR 088719 2023 751000 55.004 Aviation Grant Program $1,232,695.00 447911-1-94-01 DPTO 088719 2023 751000 55.004 Aviation Grant Program $4,924,676.00 447911-1-94-01 DPTO 088719 2022 751000 55.004 Aviation Grant Program $2,737,000.00 447911-1-94-01 DPTO 088719 2024 751000 55.004 Aviation Grant Program $9,097,000.00 447911-1-94-01 DPTO 088719 2025 751000 55.004 Aviation Grant Program $10,000,000.00 447911-1-94-01 LF 088719 2025 751000 55.004 Aviation Grant Program $10,000,000.00 447911-1-94-01 LF 088719 2024 751000 55.004 Aviation Grant Program $9,097,000.00 447911-1-94-01 LF 088719 2022 751000 55.004 Aviation Grant Program $2,737,000.00 447911-1-94-01 LF 088719 2023 751000 55.004 Aviation Grant Program $6,157,371.00 447911-1-94-01 DPTO 088719 2023 751000 55.004 Aviation Grant Program $450,000.00 447911-1-94-01 DPTO 088719 2022 751000 55.004 Aviation Grant Program $1,000,000.00 447911-1-94-01 LF 088719 2022 751000 55.004 Aviation Grant Program $1,000,000.00 447911-1-94-01 LF 088719 2023 751000 55.004 Aviation Grant Program $450,000.00 Total Financial Assistance $58,882,742.00 B. Estimate of Project Costs by Grant Phase: Phases* State Local Federal Totals State Local Federal Land Acquisition $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Planning $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Environmental/Design/Construction $10,000,000.0 $10,000,000.0 $0.00 $20,000,000.0 50.00 50.00 0.00 0 0 0 Capital Equipment/Preventative $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Maintenance Match to Direct Federal Funding $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Mobility Management $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Transit Only) Totals $10,000,000.0 $10,000,000.0 $0.00 $20,000,000.0 0 0 0 Page 5 of 8 Docusign Envelope ID:98B58D9A-744F-4FF8-A8AF-23184DB3C962 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC07/22 *Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement. Scope Code and/or Activity Line Item (ALI) (Transit Only) BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Michelle Gonzalez-Lazo Depa me4ff`fUhU 'Manager Nam 08/26/2024 1 3:41 PM EDT 403 Signature Date Page 6 of 8 Docusign Envelope ID:98B58D9A-744F-4FF8-A8AF-23184DB3C962 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC07/22 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED Page 7 of 8 Docusign Envelope ID:98B58D9A-744F-4FF8-A8AF-23184DB3C962 L1 I Mayor a COU NTY of MONROEct-0 M ayor lly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tem James K.Scholl,District 3 3' Craig Cates,District 1 Michelle Lincoln,District 2 David Rice,District 4 Board of County Commissioners Meeting August 21, 2024 Agenda Item Number: I.1 2023-2794 BULK ITEM: No DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland N/A AGENDA ITEM WORDING: Ratification and approval of Amendment No. 5 to State of Florida Department of Transportation Public Transportation(PTGA) Grant Agreement Number G2090, as executed by the Executive Director of Airports,providing an additional $10,000,000.00 in funding for the Concourse A and Terminal Improvements Program at the Key West International Airport; requires a 50%match from Airport Revenue Bond Fund 405. ITEM BACKGROUND: This grant is for programming, design,permitting and construction. Amendment 5 provides additional funding for the Terminal Concourse A project. PREVIOUS RELEVANT BOCC ACTION: Approval of original grant contract G2090 on October 20, 2021, Amendment No.1 on March 16, 2022, Amendment No. 2 on August 17, 2022,Amendment No. 3 on June 21, 2023, and Amendment No. 4 on July 19, 2023. On September 15, 2021,the BOCC adopted Resolution No. 288-2021 authorizing the Director of Airports to execute FAA and FDOT Airport grants as received to meet deadlines for returning grants to the granting agency and expedite use of grant funds, with grants to be ratified by the BOCC at the next available regularly scheduled commission meeting. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: Adds an additional $10,000,000.00 in funding. STAFF RECOMMENDATION: Approval. 1 Docusign Envelope ID:98B58D9A-744F-4FF8-A8AF-23184DB3C962 DOCUMENTATION: FDOT G2090 APTGA#5 EYW Concourse A.pdf FINANCIAL IMPACT: 405-630905 $10,000,000.00 Effective Date: Upon FDOT execution Expiration Date: December 31,2026 TOTAL COST/GRANT: 0 f ( BUDGETED: Yes X No COST TO COUNTY: none SOURCE OF FUNDS: DOT/ ae�1ae otd Id 4 COST TO AIRPORT: 1 E Y 2 Docusign Envelope ID:98B58D9A-744F-4FF8-A8AF-23184DB3C962 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC07/22 EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES:— Awarding Agency: Florida Department of Transportation State Project Title: Aviation Grant Program CSFA Number: 55.004 *Award Amount: $29,441,371 *The award amount may change with amendments Specific project information for CSFA Number 55.004 is provided at: Pubt // „p p � Hci„Fs,ccirri/fsaa/seairc«I iC�talo,r� �� p c COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.004 are provided at: 7.::.0. ..://2.r i....::.:FIr�..[ ..:: 2.!I/fsaa/seaira�I iCo.!Tr.II�..!.i.��.In.ce.as.U�% The State Projects Compliance Supplement is provided at: 17„ p //2.r j.� F1ri„Fs,corr/fsaa/a orTi..I' Page 8 of 8 Docusign Envelope ID:98B58D9A-744F-4FF8-A8AF-23184DB3C962 To:Daniel.Lameck@dot.state.fl.us FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL G2090 7/25/2024 CONTRACT INFORMATION Contract:- G2090 Contract-Type: GD-GRANT DISBURSEMENT(GRANT) Method of Procurement. G-GOVERMENTAL AGENCY(287.057,F.S.) enddrName: MONROE COUNTY BOCC VendvriD: F596000749053 Beginning Date of This Agreement; 10/20/2021 Ending Date of This Agreement, 12/31/2026 ContractTotat/Sudgetary Ceiting:, ct=$29,441,371.00 Qescdpti rn: - Key West International Terminal Concourse A FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR JASON ADANK,CPA,COMPTROLLER ON 7/25/2024 Action: Supplemental Reviewed or Approved: - APPROVED grgenization Code; 55062020629 Expansion Option: A9 pkkjectCod 751000 Amount: $10,000,000.00 Financial,ProJect: 44791119401 Wdrk Acf v1ty(FCT): 215 GFDA: . Fiscal Year: 2025 Budget Entity:, 55100100 Category/Categdry Year: 08 8 7 1 9/2 5 Amendment 16. S005 Sequence: 00 User Assignedla, 5 Enc Line(6s)/Status: 0001/04 Total Amount: $10,000,000.00 Pagel of 1 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, August 21, 2024 Key West, Florida& Via Communication Media Technology A regular meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. at the Harvey Government Center in Key West, and via Communication Media Technology. Present and answering to roll call were Commissioner Craig Cates, Commissioner David Rice, Commissioner Jim Scholl, and Mayor Holly Raschein. Commissioner Michelle Lincoln was absent from the meeting. Also present at the meeting were Kevin Wilson, Acting County Administrator; Bob Shillinger, County Attorney; Kevin Madok, County Clerk; Liz Yongue, Deputy Clerk; county staff, members of the press and radio; and the general public. ADDITIONS, CORRECTIONS & DELETIONS Al Motion was made by Commissioner Scholl and seconded by Commissioner Cates granting approval of the Additions, Corrections and Deletions to the agenda. Motion carried unanimously. PRESENTATION OF AWARDS B1 Presentation of Years of Service Award for 25 years of service to Montillo "Scott" Desquotte, Monroe County Roads & Bridges. B2 Presentation of Mayor's Proclamation for Pawsitive Beginnings Day in Monroe County. B3 Presentation of Monroe County Fire Rescue S.A.F.E.R. Award to Capt. Kevin Freestone, of Tow Boat U.S., for "Selfless Actions for Emergency Responses." BULK APPROVALS Motion was made by Commissioner Cates and seconded by Commissioner Scholl granting approval of the following items by unanimous consent: C1 Board granted approval of a Contract Renewal with Delta Dental Insurance Company, for dental benefits for eligible County employees, retirees, and dependents, with no changes in costs or coverage, for an additional two years, commencing January 1, 2025 and expiring December 31, 2026; and authorized the Employee Services Director to sign all necessary documents. Page 11 8/21/2024 C2 Board granted approval and authorized execution of a 2nd Amendment to the Contract with Brightview Landscape Services, Inc., for Ballfield Maintenance, to extend the agreement for the second of four additional one-year periods, to include a contractual increase of 3%, to include amounts for overseeding, and to amend paragraph 46 of the original agreement. C3 Board granted approval and authorized execution of a Lease Agreement with Monroe County Sheriff's Office (MCSO) to provide the MCSO with 149.6 square feet of office space for one year at Bernstein Park on Stock Island, retroactive to August 15, 2024. C4 Board granted approval and authorized execution of a two-year extension to the Memorandum of Understanding (MOU) with the University of Florida, effective October 1, 2024, and updating Exhibit A of the MOU to reflect the County's portion for Fiscal Year 2025 payroll costs, in the amount of$144,505.96, for three FTE jointly funded Extension Agent positions. C5 Board adopted the following Resolution granting approval of a Locally Funded Agreement(LFA) and a Three-Party Escrow Agreement with the State of Florida, Department of Transportation (FDOT), for the Card Sound Bridge (4904990)Project Development and Environment Study, which will be administered by FDOT and funded through the LFA with a federal appropriation, in the amount of$1,863,000.00, and local funds, in the amount of $1,447,800.00, for a total estimated cost in the amount of$3,310,800.00. RESOLUTION NO. 240-2024 Said Resolution is incorporated herein by reference. C6 Board adopted the following Resolution prohibiting parking on the west side of a 500- foot portion of Pirates Road, Jolly Rogers Estates Subdivision, on Little Torch Key. RESOLUTION NO. 241-2024 Said Resolution is incorporated herein by reference. C7 Board granted approval and authorized execution of a 5th Amendment to the Agreement with Advance Water Technology, Corp., for Chemical Water Testing and Treatment Services, to renew the agreement for the last of five renewal options, apply a CPI-U increase of 3.4%, and update other contract provisions. The new monthly payment amount is $1,586.66, funded by Ad Valorem funds. C8 Board granted approval and authorized execution of a 6th Amendment to the Agreement with Innovation Interfaces, Inc., to combine hosted services for Monroe County Libraries and purchase additional enhancements to its customer interface and communications systems, in the amount of$87,639.69. Funding is a combination of budgeted funds, state aid, and Smatlak Trust funds. C9 Board granted approval and authorized execution of a 2nd Amendment to a Task Order with CPH, LLC, for Professional Architectural and Engineering Services for the New Storage Page 12 8/21/2024 Buildings at Transfer Stations, to add surveying services in order to obtain a building permit, in the amount of$5,500.00. This project is funded by the Solid Waste Department(Fund 414). C10 Board granted approval to accept the donation of a storage shed and water fountain from the Key Largo Pickleball Club, for installation at the new Key Largo Pickleball Courts. The estimated total value of the items is $10,884.15. The County will be responsible for the cost of permitting associated with installation of the storage shed. C12 Board granted approval and authorized execution of an Interlocal Agreement(ILA) with the City of Key West and Florida Keys Aqueduct Authority (FKAA) for repair of failed utility trenches, minor drainage improvement, and milling and resurfacing of Eaton Street, in the City of Key West, from Simonton Street to White Street. The County's portion of the total cost is estimated to be $292,516.26. C13 Board granted approval and authorized execution of a sole source Agreement with Rep Services, Inc., for the Clarence S. Higgs Beach Beachside Playground Equipment Hurricane Ian Repair, in the amount of$264,498.00. This project is part of the Hurricane Ian recovery effort. C14 Board accepted the Report of monthly Change Orders for the month of July 2024, reviewed by the Acting County Administrator. Said report is incorporated herein by reference. C15 Board granted approval and authorized execution of a Contract with RenoSys Corp., the lowest responsive bidder for the Jacobs Aquatic Center Pool Liner Replacement Project, in the amount of$120,959.00. This project is funded by a Tourist Development Council Grant. C17 Board granted approval and authorized execution of a Contract with Midcoast Construction Enterprises, LLC d/b/a Midcoast Marine Group, for construction of the No Name Key Bridge Repairs Project, in the amount of$726,317.00. The project is funded with Infrastructure Sales Tax funds. C19 Board adopted the following Resolutions concerning the Transfer of Funds and the Receipt of Unanticipated Revenue: Transfer of Funds (OMB Schedule Item No. 1). RESOLUTION NO. 242-2024 Said Resolution is incorporated herein by reference. Amending Resolution No. 193-2024 (OMB Schedule Item No. 2). RESOLUTION NO. 243-2024 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 3). RESOLUTION NO. 244-2024 Said Resolution is incorporated herein by reference. Page 13 8/21/2024 Transfer of Funds (OMB Schedule Item No. 4). RESOLUTION NO. 245-2024 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 5). RESOLUTION NO. 246-2024 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 6). RESOLUTION NO. 247-2024 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO. 248-2024 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 8). RESOLUTION NO. 249-2024 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 9). RESOLUTION NO. 250-2024 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 251-2024 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11). RESOLUTION NO. 252-2024 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 12). RESOLUTION NO. 253-2024 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 13). RESOLUTION NO. 254-2024 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 14). RESOLUTION NO. 255-2024 Said Resolution is incorporated herein by reference. Page 4 8/21/2024 Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO. 256-2024 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 16). RESOLUTION NO. 257-2024 Said Resolution is incorporated herein by reference. C21 Board adopted the following Resolution adopting Tentative Solid Waste Collection Rates for Commercial Waste Generators for Fiscal Year 2024-2025. RESOLUTION NO. 258-2024 Said Resolution is incorporated herein by reference. C22 Board granted approval and authorized execution of a Memorandum of Understanding with Friends of Upper Keys Monroe County Parks and Beaches, Inc. (Friends), for the purpose of creating a mutually beneficial and clear operational understanding to raise funding and public awareness in the community to support the services and programs of Monroe County Parks and Beaches. As a non-profit, 501(c)(3) organization, Friends it is a legally distinct entity and is not a part of the Monroe County Parks and Beaches Department. C23 Board granted approval and authorized execution of a 3rd Renewal of the Standby Agreement with Nations Market LLC., for Emergency Feeding Services, for one additional year, commencing October 22, 2024 and terminating October 19, 2025. C24 Board adopted the following Resolution approving an Amendment to the Local Housing Assistance Plan, pursuant to the Monroe County Affordable Housing Advisory Committee Resolution No. 01-2023, passed and adopted December 22, 2023. RESOLUTION NO. 259-2024 Said Resolution is incorporated herein by reference. C25 Board granted approval and authorized execution of the Air Ambulance Agreement with the Monroe County Sheriff's Office (MCSO) for the provision of rapid air transport of critically injured or critically ill patients with appropriate on-board medical support to medical facilities outside Monroe County, for a 15-year term, commencing August 21, 2024 and expiring August 20, 2039; and granted approval and authorized execution of the Termination Agreement, terminating the previous Air Ambulance Agreement with MCSO dated July 21, 2021. C28 Board granted approval to award bid and authorized execution of an Agreement with BrightView Landscape Services, Inc. for Upper Keys Landscaping Services for Plantation Key Courthouse Complex and Murray E. Nelson Government Center, in an annual amount not to exceed $231,000.00. Funding is Ad Valorem. Page 15 8/21/2024 C29 Board granted approval and authorized execution of a Contract with CBT Construction and Development, for the construction of the Ocean Bay Drive Bridge Repair Project(Key Largo), in the amount of$189,120.00, funded by Infrastructure Sales Tax funds. C30 Board granted approval to ratify a six-month Contract with Antonio Gandia, M.D. for Professional Medical Director Services for Ground Ambulance Medical Direction, in the annual amount of$63,945.00; and for Air Ambulance Medical Direction to Monroe County's Fire Rescue and Emergency Medical Services, in an annual amount of$60,637.50. TOURIST DEVELOPMENT COUNCIL D1 Board granted approval and authorized execution of a 1st Amendment to the Agreement with Dolphin Research Center, Inc. for the DRC Welcome Center Railings Project, in an amount not to exceed $172,215.00, to extend the agreement to September 30, 2025. D2 Board granted approval and authorized execution of a 2nd Amendment to the Agreement with Dolphin Research Center, Inc., for the DRC Sea Lion Habitat Project, to extend the agreement to September 30, 2025. D3 Announcement of one vacant position on the Tourist Development Council District I Advisory Committee, for one "At Large" appointment. D4 Announcement of one vacant position on the Tourist Development Council District IV Advisory Committee, for one "At Large" appointment. D5 Board granted approval and authorized execution of a 6th Amendment to the Agreement with Two Oceans Digital, to clarify the payment terms for maintaining the online booking system, in an amount not to exceed $40,000.00. D6 Board granted approval of Commissioner Scholl's appointment of Ms. Julia Jovanie Vazquez, the sole applicant, as a Tourist Development Council District I At Large Representative, replacing Chris Fogarty, with a term to expire August 20, 2027; and granted approval of a waiver of the Standard of Conduct provisions of F.S. 112.313 (3) and (7), as allowed under F.S. 112.313 (12), for advisory board members appointed by the Board of County Commissioners for Ms. Vazquez. AIRPORTS I1 Board granted approval to ratify a 5th Amendment to the State of Florida, Department of Transportation, Public Transportation Grant Agreement No. G2090, as executed by the Executive Director of Airports,providing an additional $10,000,000.00 in funding for the Concourse A and Terminal Improvements Program at Key West International Airport, and requiring a 50% match from Airport Revenue Bond Fund 405. Page 16 8/21/2024 I2 Board accepted the monthly Report of Airport Change Orders for the months of June and July 2024, reviewed by the Acting County Administrator. Said report is incorporated herein by reference. I3 Board adopted the following Resolution and granted approval and authorized execution of a Commercial Sponsorship Agreement with Race World Offshore, LLC for the Key West International Airport to sponsor the Key West Offshore World Championship powerboat races from November 3-10, 2024, in accordance with Resolution 123-2021. RESOLUTION NO. 260-2024 Said Resolution is incorporated herein by reference. I4 Board granted approval and authorized execution of a 1st Change Order with G&S Mechanical USA, Inc., for updated design that includes modifications to the OBIA conveyor line upgrade to the Outbound Baggage Handling System at Key West International Airport, in the amount of$127,778.00. The Agreement is funded by State of Florida, Department of Transportation Grant No. GI V31 (50%) and Airport Operating Funds (50%). I5 Board granted approval to ratify Federal Aviation Administration (FAA) Airport Infrastructure Grant Agreement No. 3-12-0037-078-2024, providing $4,134,751.00 in funding for Key West International Airport Concourse A Terminal Building Project, Phase 4. All project costs will be funded with FAA Grant No. 37-78 (90%), State of Florida, Department of Transportation Grant No. G2090 (5%), and Airport Bond Proceeds (5%). PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS Jl Board granted approval and authorized execution of a Task Order No. 2024-KCC-09 with Kearns Construction Company, for the Removal and Disposal of a Derelict Steel Trawler, in the amount of$254,000.00, funded by a State of Florida, Fish and Wildlife Conservation Commission, Derelict Vessel Grant Program Grant. J2 Board granted approval and authorized execution of a Task Order No. 2024-CMS-265 with Coffin Marine Services, Inc., for the Removal and Disposal of a Derelict Steel Hull Homemade Boat, in the amount of$144,789.00, funded by a State of Florida, Fish and Wildlife Conservation Commission, Derelict Vessel Grant Program Grant. J3 Board granted approval and accepted the receipt of updated Tavernier Historic District Preservation Guidelines, prepared by Archaeological and Historical Conservancy, Inc. (AHCI), pursuant to a Contract with AHCI and a State of Florida, Department of State, Division of Historical Resources, Grant No. 24.H.SM.100.003. J4 Board adopted the following Resolution approving the 2023-2025 Biennial Public Facilities Capacity Assessment Report (PFCR) in the form submitted by the Monroe County Planning and Environmental Resources Department. This is the regularly-scheduled Biennial Page 17 8/21/2024 PFCR, which is based on current conditions and projections, and does not take into account the potential for additional Rate of Growth Ordinance allocations beyond those already in place through 2026. RESOLUTION NO. 261-2024 Said Resolution is incorporated herein by reference. J5 Board adopted the following Resolution amending Resolution No. 641-2023, the Permitting Fee Schedule, increasing fees based on the Consumer Price Index for all Urban Consumers (CPI-U) for Fiscal Year 2024, and certain inspection fees for Fiscal Year 2023 delayed until October 1, 2024; and providing for an implementation date. RESOLUTION NO. 262-2024 Said Resolution is incorporated herein by reference. COUNTY CLERK M1 Board granted approval of the minutes from the March 7, 2024 and March 20, 2024 special meetings, and the March 20, 2024 regular meeting. Said minutes are incorporated herein by reference. M2 Board granted approval of a records disposition for records that have met the required retention period(GSI-SL). Said disposition is incorporated herein by reference. M3 Board granted approval of BOCC Warrants 10136414-10137614 (AP); 30580-30705 (WC); all payroll direct deposited to employee's bank accounts for the month of July 2024, as follows: Fund Fund Title Amount 001 General Fund $7,278,681.14 101 Fine & Forfeiture $5,862,728.28 102 Road/Bridges $439,147.22 104 Middle Keys Health Care MSTU $11,364.59 115 TDC - Two Penn $556,851.16 116 TDC - Admin Promo 2 Cent $596,763.60 117 TDC - District 1 Third Cent $321,431.30 118 TDC - District 2 Third Cent $20,528.78 119 TDC - District 3 Third Cent $69,985.77 120 TDC - District 4 Third Cent $262,113.04 121 TDC - District 5 Third Cent $888,591.07 125 Grant Fund $1,291,932.20 131 Impact Fees/Parks $313.47 141 Fire/Ambulance $1,176,782.58 147 Unincorporated Service $340,591.37 Page 18 8/21/2024 Fund Fund Title Amount 148 Planning Building $657,944.83 149 Municipal Policing $822,396.45 150 E911 Enhancement Fund $120,502.62 152 Duck Key Security $9,156.97 153 Local Housing Assistance $13,927.06 157 Boating Improvement Fund $12,371.15 158 Miscellaneous Special Revenue Fund $170,361.42 160 Environmental Restoration $59,863.21 162 Law Enforcement Trust-600 $4,789.28 163 Court Facilities $18,606.43 177 Canal No. 266 MSBU $9,319.29 180 Building Funds $376,197.24 304 1 Cent Infrastructure $599,310.64 316 Land Acquisition $63,083.00 401 Card Sound Bride $27,023.18 403 Marathon Airport $137,077.11 404 Key West International Airport $1,396,404.68 405 Key West International Airport $4,514,542.97 Series 2022 Revenue Bonds 414 MSD Solid Waste $1,988,464.09 501 Workers' Compensation $419,185.17 502 Group Insurance Fund $1,226,538.24 503 Risk Management Fund $205,276.50 504 Fleet Management Fund $271,428.30 610 Fire/EMS LOSAP Trust Fund $2,805.00 M4 Board granted approval of Tourist Development Council expenses for the month of July 2024, as follows: Vendor Amount Advertising $374,131.29 Bricks & Mortar Projects $1,371,903.50 Events $407,523.27 Office Supplies & Operating Costs $201,348.52 Personnel Services $136,305.42 Public Relations $57,564.30 Sales & Marketing $86,816.84 Telephone & Utilities $36,843.66 Travel $2,521.86 Visitor Information Services $75,251.83 M5 Board granted approval to remove surplus equipment from inventory via disposal or advertise for bid. Said inventory is incorporated herein by reference. Page 19 8/21/2024 M6 Board granted approval of two records dispositions for records that have met the required retention period(GSI-SL). Said dispositions are incorporated herein by reference. COUNTY ADMINISTRATOR N1 Board accepted the Acting County Administrators Report for the month of August 2024. Said report is incorporated herein by reference. N3 Board granted approval and authorized execution of an Interlocal Agreement with the Florida Keys Aqueduct Authority (FKAA), to establish a payment plan, in the amount of $117,959.50, currently owed by South Cliff Holdings LLC, for new multi-family water meter connections for real property located at 95295 Overseas Highway, in Key Largo, contingent on the County closing on the real estate purchase; and granted approval to amend its leasing occupancy priorities for the subject property to include employees of the FKAA under Category 3. N4 Board granted approval and authorized execution of an Interlocal Agreement with the Key Largo Wastewater Treatment District(District), to establish a payment plan, in the amount of$112,241.25, currently owed by South Cliff Holdings LLC, for 26 additional Equivalent Dwelling Units and the District's engineering fee for real property located at 95295 Overseas Highway, in Key Largo, contingent on the County closing on the real estate purchase; and granted approval to amend its leasing occupancy priorities for the subject property to include employees of the District under Category 3. N5 Board granted approval and authorized execution of Task Order No. 2B to the Contract with WSP USA Environment& Infrastructure, Inc., for Category C On-Call Resilience and Environmental Engineering Services, to develop a Natural Resources Adaptation Plan, as authorized under State of Florida, Department of Environmental Protection Grant No. 22PLN67- A2, extending the contract to September 30, 2024. N6 Board granted approval to rescind a Memorandum of Agreement(MOA) with Palm Beach County, Broward County, and Miami-Dade County, previously approved by the Board on May 15, 2024, which would have governed the implementation of a$268,648,142.00 U.S. Environmental Protection Agency, Climate Pollution Reduction Grant Application, which was submitted March 29, 2024, as subsequent notification has been received that grant award was not received and the MOA is no longer required. COUNTY ATTORNEY 03 Board granted approval of a Settlement Agreement in the case of Board of County Commissioners ofMonroe County, Florida v. the Estate ofLily K. Marks, Deceased, et al., 16th Circuit Court Case No. 19-CA-451-K, and authorized Senior Assistant County Attorney Cynthia Hall to sign all necessary documents. Page 110 8/21/2024 04 Board granted approval to allow the Code Compliance Lien arising from Code Compliance Case No. CE17030039, against Valerie F. Kennedy and her property, 25387 3rd Street, Summerland Key, Florida, to remain against the property owner, the subject property, and any other property owned by the property owner. 05 Board granted approval to initiate litigation against Pedro Armstrong and Candela Bravo Armstrong and their property, 292 Buttonwood Shores Drive, Key Largo, Florida, to seek compliance with the County Code and enforce the lien(s) arising from Code Compliance Case No. CE20100037. 06 Board granted approval to initiate litigation against Barbara A. Papcun and her property, 119 Freedom Lane, Big Pine Key, Florida, to seek compliance with the County Code and enforce the lien(s) arising from Code Compliance Case No. CE18040083. 07 Board granted approval to initiate litigation against Jacob Dean Warren and his property, 19557 Mayan Street, Sugarloaf Key, Florida, to seek compliance with the County Code and enforce the lien(s) arising from Code Compliance Case No. CE22050053. 08 Board granted approval to initiate litigation against Elisa D. Gagliardi L/E and her property, 1059 Ocean Drive, Summerland Key, Florida, to seek compliance with the County Code and enforce the lien(s) arising from Code Compliance Case Nos. CE21020168 and CE22070018. 09 Board granted approval to initiate litigation against 472 Bahia Ave LLC and their property, 472 Bahia Avenue, Key Largo, Florida, to seek compliance with the County Code and enforce the lien(s) arising from Code Compliance Case No. CE20100050. Ol 1 Board granted approval to initiate litigation against SGC Land Trust 2/12/2020 and affiliated officers, fiduciaries, agents, and other responsible parties, regarding violations of the Monroe County Code of Ordinances and Land Development Code that have occurred and continue to occur at the property located at 93990 Overseas Highway, in Tavernier. 012 Board granted approval and authorized execution of the 1 st Amendment to the Agreement for Outside Legal Services with Hinckley, Allen & Snyder, LLP for construction- related matters, changing the effective date to February 1, 2024. 013 Board granted approval and authorized execution of a Settlement Agreement with Sugarloaf Key Volunteer Fire Department and Sugarloaf Wi-Fi, Incorporated, to resolve the litigation in Case Nos. 2017-CA-20-K and 2017-CA-631-K, and facilitate the construction of a new fire station for Monroe County at the current location of the Sugarloaf Key Volunteer Fire Department's Station No. 10, by Fortress Secured, LLC, pursuant to a Comprehensive Agreement between with Fortress Secured, LLC; and granted approval and authorized execution of a Lease Agreement with Sugarloaf Wi-Fi,providing for the lease of approximately 720 square feet of space on the Station No. 10 property to construct and operate a cellular communication tower, attached to the Settlement Agreement as Exhibit 1. Page 111 8/21/2024 Motion carried unanimously. Kevin Wilson, Acting County Administrator, and Bob Shillinger, County Attorney, addressed the Board. STAFF REPORTS El Rick Griffin, Monroe County Building Official, gave a Building and Permitting Department update, and requested approval to update elements of the FEMA Remedial Plan. Mr. Wilson addressed the Board. E2 Richard Clark, Executive Director of Transit, gave a Power Point Presentation on the Conch Connect service. The Board of County Commissioners meeting adjourned for the Board of Governors, Fire & Ambulance District 1, meeting. FIRE & AMBULANCE DISTRICT 1 BOARD OF GOVERNORS The Board of Governors for the Fire & Ambulance District 1 convened. Present and answering to roll call were Commissioner Craig Cates, Commissioner Jim Scholl, Councilman Greg Lewis and Mayor Bruce Halle. H1 Motion was made by Commissioner Scholl and seconded by Commissioner Cates granting approval to ratify a six-month Contract with Antonio Gandia, M.D., for Professional Medical Director Services, for Ground Ambulance Medical Direction, in the annual amount of $63,945.00; and to provide Air Ambulance Medical Direction to Monroe County's Fire Rescue and Emergency Medical Services, in an annual amount of$60,637.50. Motion carried unanimously. The Board of Governors, Fire & Ambulance District 1, adjourned. The Board of County Commissioners meeting reconvened with all Commissioners present. MISCELLANEOUS BULK ITEMS C18 Motion was made by Commissioner Scholl and seconded by Commissioner Cates granting approval and authorizing execution of Agreement No. TBMAR 24-25 with Tranquility Bay Adult Day Care, Corp., to provide facility-based respite services to elderly and disabled citizens residing throughout Monroe County, for the contract period commencing September 1, 2024 and expiring August 31, 2025. Motion carried unanimously. C11 Mr. Shillinger addressed the Board regarding the request to advertise a Public Hearing to consider adoption of an ordinance to amend Section 18-26 of the Monroe County Code of Page 112 8/21/2024 Ordinances, to modify the hours for the restroom facilities at Higgs Beach County Park. The current hours are from 11:00 p.m. to 7:00 a.m., and the proposed new hours are sunset to 7:00 a.m., with the exception of County approved events. Motion was made by Commissioner Scholl and seconded by Commissioner Cates granting approval of the item. Motion carried unanimously. COUNTY LAND ACQUISITION AND LAND MANAGEMENT Fl Christine Hurley, Executive Director of the Land Authority, addressed the Board regarding a Contract to purchase Tier 3 property described as Block 6, Amended Lot 5, Stillwright Point Plat No. 2, near mile marker 105, in Key Largo, from Kevin Michael Guy, in the amount of$180,000.00, for density reduction purposes. The following individual addressed the Board: Bobby Shockey. After discussion, motion was made by Commissioner Rice and seconded by Commissioner Cates granting approval and authorizing execution of the Contract. Motion carried unanimously. PLANNING AND ENVIRONMENTAL RESOURCES, BUILDING AND CODE COMPLIANCE DEPARTMENTS J6 Emily Schemper, Senior Director of Planning and Environmental Resources, gave a Power Point Presentation regarding Affordable Housing Advisory Committee Resolution 01- 2024, providing recommendations to the Board to facilitate the provision of affordable and workforce housing, and requested direction on which recommendations to evaluate and potentially pursue. The following individual addressed the Board: Stuart Schaffer, representing Sugarloaf Shores Property Owners Association. COUNTY ADMINISTRATOR N2 Kimberly Matthews, Senior Director of Strategic Planning and Libraries, gave an update on future potential changes to Rate of Growth Ordinance. Mr. Wilson addressed the Board. The following individuals addressed the Board: Stuart Schaffer, representing Sugarloaf Shores Property Owners Association; and Ann Olsen, representing Last Stand. Mr. Shillinger and Ms. Schemper addressed the Board. COMMISSIONER'S ITEMS Ll Captain David Dipre, of the Florida Fish and Wildlife Conservation Commission, addressed the Board regarding a proposed amendment to Section 26-98 of the Monroe County Code of Ordinances, to include a prohibition against diving or snorkeling within 300 feet of bridges, beginning three days prior to the opening of, and during the entirety of lobster mini- season and for the first five days of commercial lobster season. The following individual addressed the Board: Ricky Allen. Mr. Shillinger addressed the Board. Commissioner Lincoln joined the meeting via Zoom for the discussion of the following item, Rl. Page 113 8/21/2024 R1 Mr. Shillinger addressed the Board regarding the Monroe County Grand Jury's ongoing investigation into Monroe County Fire Rescue and the Trauma Star Program, and requested direction on whether the Board should retain an outside firm to conduct an independent investigation of the matter. The following individuals addressed the Board: Chris Massicotte; Oliver Hodek, representing the Professional Firefighters of Monroe County, Local 3909; and Melissa Ptomey. Mr. Shillinger addressed the Board requesting guidance on the Tourist Development Council Contract for Public Relations with Andy Newman. Commissioner Cates left the meeting, and returned during the discussion of item 01. COUNTY ATTORNEY 01 Mr. Shillinger referred the Board to the County Attorney Report for the month of August 2024. Said report is incorporated herein by reference. 02 Mr. Shillinger addressed the Board regarding the use of accumulated surplus Tourist Development Tax and Tourist Impact Tax revenues collected through September 30, 2024, in an amount not to exceed $35,000,000.00, for the purpose of providing housing that is affordable and available to employees of private sector tourism-related businesses in the County in accordance with Chapter 2024-219, Laws of Florida. Mr. Wilson addressed the Board. 010 Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of Stephen D. Martin as trustee, of the Colin Russell Martin Revocable Trust v. Monroe County, 16th Judicial Circuit Case No. 24-CA-517-P, and read the required language into the record. Motion was made by Commissioner Scholl and seconded by Commissioner Rice granting approval to hold the closed session at the September 11, 2024 regular meeting in Key Largo, Florida, at 9:00 a.m. or as soon thereafter as the matter may be heard. Motion carried unanimously. 014 Mr. Shillinger requested to hold an Attorney-Client Closed Session in the matter of Roy's Trailer Park v. Noel, Monroe County, et al., Case No. 19-CA-175-K, and read the required language into the record. Motion was made by Commissioner Scholl and seconded by Commissioner Rice granting approval to hold the closed session at the September 11, 2024 regular meeting in Key Largo, Florida, at 9:00 a.m. or as soon thereafter as the matter may be heard. Motion carried unanimously. 015 Mr. Shillinger addressed the Board regarding a Resolution in support of the City of Marathon's request to be awarded up to ten additional BPAS allocations out of the 220 allocations which the Florida Commerce Model indicates are available to be issued before the 24-hour limit would be reached. Ms. Schemper addressed the Board. The following individual addressed the Board: Stuart Schaffer, representing Sugarloaf Shores Property Owners Association. The Board took no official action. Page 114 8/21/2024 SUSTAINABILITY R2 Rhonda Haag, Chief Resilience Officer, addressed the Board regarding the request to rescind Resolution 234-2024, approving the list of capital and planning grant applications for the State of Florida, Department of Environmental Protection, Resilient Florida Grant Program in 2024, which was adopted at the July 17, 2024, regular meeting, and replace it with a revised Resolution updating the budgets and projects to be submitted. After discussion, motion was made by Commissioner Scholl and seconded by Commissioner Cates to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 263-2024 Said Resolution is incorporated herein by reference. PUBLIC HEARINGS P1 A Public Hearing was held to consider an Ordinance amending Chapter 21 of the Monroe County Code, to redefine certain terms to align with Solid Waste Agreements, Outlining the Solid Waste Services covered in the Solid Waste and Recycling Collection Franchise Agreements; providing container and receptacle requirements; providing rules and requirements for garbage, recycling, yard waste and bulk waste pick-up; providing for severability; providing for incorporation into the Monroe County Code of Ordinance and providing for an effective date. Cheryl Sullivan, Director of Solid Waste, addressed the Board. There was no public input. Motion was made by Commissioner Cates and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 025-2024 Said Ordinance is incorporated herein by reference. P2 A Public Hearing was held to consider approval of a Resolution adopting the Final Residential Solid Waste Collection, Disposal, and Recycling Non-Ad Valorem Special Assessment Rates for Fiscal Year 2024/2025. The final rate will increase by $91.43 per year (20%)to $548.58 per household/unit. Ms. Sullivan addressed the Board. The following individual addressed the Board: Chris Massicotte. After discussion, motion was made by Commissioner Cates and seconded by Commissioner Scholl to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 264-2024 Said Resolution is incorporated herein by reference. MISCELLANEOUS BULK ITEMS C16 Motion was made by Commissioner Cates and seconded by Commissioner Rice granting approval and authorizing execution of an Extension and 5th Amendment to the Amended and Restated Solid Waste and Recycling Collection Franchisee Agreement with Marathon Garbage Page 115 8/21/2024 Services, Inc., for Solid Waste Collection Services, for an additional five-year period, with a term commencing October 1, 2024 and expiring September 30, 2029, and granting approval to exercise the exemption from competitive bidding provisions for solid waste services. Motion carried unanimously. C20 Motion was made by Commissioner Cates and seconded by Commissioner Rice granting approval and authorizing execution of an Extension and 4th Amendment to the Amended and Restated Solid Waste and Recycling Collection Franchisee Agreement with Waste Management of Florida, Inc., for Solid Waste Collection Services, for an additional 5-year period, with a term commencing October 1, 2024 and expiring September 30, 2029, and granting approval to exercise the exemption from competitive bidding provisions for solid waste services. Motion carried unanimously. C26 Motion was made by Commissioner Rice and seconded by Commissioner Cates granting approval and authorizing execution of an Extension and 3rd Amendment to the Amended and Restated Solid Waste and Recycling Collection Franchisee Agreement with Ocean Reef Club, Inc. d/b/a Ocean Reef, for Solid Waste Collection Services, for an additional 5-year period, with a term commencing October 1, 2024 and expiring September 30, 2029, and granting approval to exercise the exemption from competitive bidding provisions for solid waste services. Motion carried unanimously. C27 Motion was made by Commissioner Cates and seconded by Commissioner Rice granting approval and authorizing execution of an Extension and 5th Amendment to the Amended and Restated Solid Waste and Recycling Collection Franchisee Agreement with Ted Carter Enterprises, Inc. d/b/a Keys Sanitary Service, for Solid Waste Collection Services, for an additional 5-year period, with a term commencing October 1, 2024 and expiring September 30, 2029, and granting approval to exercise the exemption from competitive bidding provisions for solid waste services. Motion carried unanimously. COMMISSIONER'S COMMENTS Commissioner Rice acknowledged Mr. Wilson, and his role as Acting County Administrator. Mr. Wilson addressed the Board. Mayor Raschein acknowledged the ribbon-cutting ceremony of the new Emergency Operations Center in Marathon, to be held September 23, 2024. CLOSED SESSIONS K1 Mr. Shillinger addressed the Board regarding an Attorney-Client Closed Session in the matter of Board of County Commissioners ofMonroe County, Florida v. the Estate ofLily K. Marks, Deceased, et al., 16th Circuit Court Case No. 19-CA-451-K. The case involves code enforcement matters. Page 116 8/21/2024 Mr. Shillinger addressed the Board regarding the following Closed Session items K3 and K4. K3 An Attorney-Client Closed Session in the matter of In re: Michael Joseph McMahon and Sergei Nikoshchenkov, U.S. Bankruptcy Court for the Southern District ofFlorida, Case No. 23-11154-RAM. The case involves $255,047.61 in unpaid tourist development taxes. K4 An Attorney-Client Closed Session in the matter of 2014 Janice Vincent Family Trust, et al. v. Monroe County, 16th Judicial Circuit Case No. 24-CA-332-K. The case involves access to Bay Drive in the Sunset Point and Bay Harbor subdivisions in the Upper Keys. Motion was made by Commissioner Rice and seconded by Commissioner Scholl to continue both Closed Sessions to the September 11, 2024 regular meeting in Key Largo in Key Largo, Florida, at 9:00 a.m. or as soon thereafter as the matter may be heard. Motion carried unanimously. K2 Mr. Shillinger announced the Attorney-Client Closed Session in the matter of Cayo Hueso Investments, Inc. v. Monroe County, Florida, Florida Division ofAdministrative Hearings (DOAH) Case No. 24-2250GM, and read the required language into the record pursuant to Section 286.011(8), Florida Statutes. Mr. Shillinger advised that the following individuals would be present at the meeting: County Commissioners; Acting County Administrator Kevin Wilson, County Attorney Bob Shillinger; Assistant County Attorneys Peter Morris and Anjelica Harden- Ivanoski; and a certified court reporter. Mayor Raschein declared the open session of the meeting closed. After the closed session, the meeting was re-opened. K5 Mr. Shillinger announced the Attorney-Client Closed Session in the matter of Rafael A. Bezanilla v. Monroe County, Florida, Case No. 24-CA-26-P, and read the required language into the record pursuant to Section 286.011(8), Florida Statutes. Mr. Shillinger advised that the following individuals would be present at the meeting: County Commissioners; Acting County Administrator Kevin Wilson, County Attorney Bob Shillinger; Senior Assistant County Attorney Derek Howard and Assistant County Attorney Anjelica Harden-Ivanoski; and a certified court reporter. Mayor Raschein declared the open session of the meeting closed. After the closed session, the meeting was re-opened. K6 Mr. Shillinger announced the Attorney-Client Closed Session in the matter of F.E.B. Corp. v. Monroe County BOCC et al. In Re: Florida Dept. of Environmental Protection Permit No. 44-0137939-029-EG, and read the required language into the record pursuant to Section 286.011(8), Florida Statutes. Mr. Shillinger advised that the following individuals would be present at the meeting: County Commissioners; Acting County Administrator Kevin Wilson, County Attorney Bob Shillinger; Assistant County Attorneys Peter Morris and Anjelica Harden- Ivanoski; and a certified court reporter. Page 117 8/21/2024 Mayor Raschein declared the open session of the meeting closed. After the closed session, the meeting was re-opened. There being no further business, the meeting of the Board of County Commissioners was adjourned. Kevin Madok, CPA Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida Liz Yongue, D.C. Page 118 8/21/2024