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Item I15 I15 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting March 25, 2025 Agenda Item Number: I15 2023-3799 BULK ITEM: No DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland N/A AGENDA ITEM WORDING: Approval of a Lease Agreement with the Florida Keys Mosquito Control District FKMCD granting rights of ingress and egress for access only from FKMCD's adjacent ramp and hangar onto the Florida Keys Marathon International Airport to conduct FKMCD flight operations. ITEM BACKGROUND: FKMCD owns property adjacent to the Florida Keys Marathon International Airport and desires access onto the airport to conduct FKMCD flight operations. PREVIOUS RELEVANT BOCC ACTION: Previous five-year lease approved on January 21, 2015. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: New ten-year agreement with an initial annual sum to be incrementally adjusted through year 5 to reach the currently appraised market value. At year 6, rates shall be reevaluated based on a market appraisal of the property. GPJ 3/11/25 - Risk approval subject to provision of COI before agenda publication. Will follow up with Airport 3/17 STAFF RECOMMENDATION: Approval. 2715 DOCUMENTATION: MTH-Florida Keys Mosquito Control District Lease.pdf 2024 10 GL AL exp 10.1.25 signed.pdf 2025 03 F1,'-MCD COI Aircraft Exp 10.1.25 signed.pdf 2024 10 WC 10.1.25 signed.pdf FINANCIAL IMPACT: Revenue producing: Year 1 $12,176.12 Year 2 $19,133.90 Year 3 $26,091.68 Year 4 $33,049.46 Year 5 $34,788.90 *NOTE: Will attach updated COI before published agenda deadline. 2716 LUZ Item I Ob' Resolution z' 025 - 015 Marathon Airport Lease and Through the Fence Agreement BUZ FLORIDA KEYS MOSQUITO CONTROL DISTRICT RESOLUTION NO.2025-05 A RESOLUTION OF THE FLORIDA KEYS MOSQUITO CONTROL DISTRICT APPROVING THE LEASE AGREEMENT BETWEEN THE FLORIDA KEYS MOSQUITO CONTROL DISTRICT AND MONROE COUNTY,FLORIDA; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Florida Keys Mosquito Control District of Monroe County, Florida (the "District") is an independent taxing district located within Monroe County, Florida; and WHEREAS, Monroe County owns the property known as the Florida Keys Marathon Intemation Airport, located in Marathon, Monroe County, Florida; and WHEREAS, the District owns property adjacent to the Florida Keys Marathon International Airport, which includes an aircraft hangar, laboratory, administrative offices, and operational facilities; and WHEREAS, the District has identified the need for a designated route to the airfield to ensure that its aircraft can safely and efficiently enter the Airport's defined airspace in order to conduct its flight operations; and WHEREAS, the District and Monroe County have negotiated a lease agreement that outlines the terms and conditions for the use of the property in a manner beneficial to both parties, attached hereto as Exhibit"A"; and WHEREAS,the lease agreement provides the District with necessary rights, services, and privileges in connection with flight operations at the Florida Keys Marathon International Airport property; and WHEREAS, The District and Monroe County have agreed to execute a separate memorandum of understanding which will allow the District to continue its standard refueling operations which include allowing the fuel truck onto airport property in order to access the District's fuel depot for one hundred and twenty days (120)from the date of execution of the lease agreement; and WHEREAS, The District's approval and acceptance of the lease agreement is wholly conditioned upon execution of the aforementioned memorandum of understanding; and WHEREAS, the Board desires to approve the lease agreement with Monroe County; and WHEREAS, the Board of Commissioners of the Florida Keys Mosquito Control District has reviewed the proposed lease and determines it to be in the best interest of the District. 52 ULZ Resolution No.2025-05 Page No.2 NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE FLORIDA KEYS MOSQUITO CONTROL DISTRICT OF MONROE COUNTY, FLORIDA,AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and incorporated into this Resolution by this Reference. Section 2. Su mort of Lease. The Board of Commissioners of the District finds entering into this lease agreement is in the best interest of the public so that the District can continue its flight operations uninterrupted. Section 3. Authorization of District Officials. The Executive Director and/or her designee and District staff are authorized to execute the Lease Agreement provided by The Florida Keys Marathon International Airport. Section 4. Effective Date. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED by the Florida Keys Mosquito Control District at a regular meeting of said Board Officials held on the 1 I,h of March 2025. District 1 —Commissioner Jill Cranney Yes V1' No District 2—Chair Phil Goodman es No District 3 —Commissioner Brandon Pinder Yes .. —.� No District 4—Vice Chair Stanley M. Zuba &95t-4 Yes No w District 5 —Commissioner Bette Brown Yes — o ATTEST: FLORIDA KEYS MOSQUITO CONTROL DISC'" CT \d Andrea Lea WtE.�'xec_utive Director Date Chainnar ki'lil1,11, 0 nan Date 53 OZLZ EXHIBIT A 54 �ZLZ LEASE AGREEMENT BETWEEN MONROE COUNTY AND THE FLORIDA KEYS MOSQUITO CONTROL DISTRICT THIS AGREEMENT, made and entered into this 25th day of March, 2025, by and between MONROE COUNTY,a political subdivision of the State of Florida,hereafter"LESSOR" or "COUNTY", whose address is 1100 Simonton Street, Key West, Fl. 33040 and FLORIDA KEYS MOSQUITO CONTROL DISTRICT, an independent special district,whose address is 5224 College Road, Key West, Fl. 33040 hereafter"LESSEE"or "FKMCD". WHEREAS, LESSOR owns the property known as the Florida Keys Marathon International Airport, located in Marathon, Monroe County, Florida, hereinafter referred to as "Airport"; and, WHEREAS, LESSEE owns property adjacent to the Airport upon which LESSEE has an aircraft hangar, laboratory, administrative offices, and operations area; and, WHEREAS, LESSEE's property is located within the final approach corridor of the runway; and, WHEREAS, LESSEE desires direct access onto the Airport for purposes of conducting FKMCD flight operations; and WHEREAS, LESSEE's flight operations require a designated route to the airfield so that aircraft may enter the Airport's defined airspace in a coordinated manner with other operating aircraft; and WHEREAS, the FKMCD facility is a secure compound that can only be entered via a security control and protection system; and WHEREAS, LESSEE desires to obtain certain rights, services, and privileges in connection with said property, and the COUNTY is willing to grant and lease the same to LESSEE, upon the terms and conditions hereinafter stated, now, therefore, IN CONSIDERATION of the premises and of the mutual covenants and agreements herein contained, and other valuable considerations, LESSOR does hereby grant and lease unto LESSEE, and LESSEE does hereby lease from LESSOR, certain premises, rights and privileges as follows, to wit: WITNESSETH: 1. Premises, LESSOR leases unto said LESSEE the right of ingress and egress, to and from the Airport. Such ingress and egress shall be allowed only onto said Airport and only from LESSEE's adjacent ramp and hangar as shown on Exhibit B (property map) attached and 55 ZZLZ incorporated as Exhibit "B". 2. Term. The above-described rights of ingress and egress shall commence on the 1 st day of April, 2025 and terminate March 31, 2035. 3. 1.gasj. The LESSEE hereby covenants and agrees to pay the LESSOR an initial sum of$1,014.68 per month, or$12,176.12 per year, for direct access onto the Airport for purposes of conducting FKMCD flight operations. Following the initial year of this lease, and through year five, the annual lease sum will be incrementally adjusted to a pre-determined rate to reach the currently appraised market value in year five as follows: Area Rate/Scl Ft. Market Rate Aeronautical Land 13,200 $ 0.40 $ 5,280.00 Aeronautical Pavement 12,650 $ 0.45 $ 5,692.50 TTF Access Fee 59,541 $ 0.40 $ 23,816.40 Year 5 Annual Total 1 1 $ 34,788.90 The lease is calculated as follows for years one through five: Year 1 Year 2 Year 3 Year 4 Year 5 Aeronautical Land $1,848.00 $2,904.00 $3,960.00 $5,016.00 $5,280.00 Aeronautical Pavement $1,992.38 $3,130.88 $4,269.38 $5,407.88 $5,692.50 TTF Access Fee $8,335.74 $13,099.02 $17,862.30 $22,625.58 $23,816.40 TOTAL ANNUAL $12,176.12 $19,133.90 1 $26,091.68 $33,049.46 1 $34,788.90 TOTAL MONTHLY $1,014.68 $1,594.49 t $2,174.31 J $2,754.12 1 $2,899.08 At year six of the lease the rates shall be reevaluated by a market appraisal of the property. The appraisal shall set the new base rent beginning in year six. Years seven through ten of the lease shall be adjusted each year by a percent equal to the increase in the CPI for all urban consumers(CPI-U)above that of the prior calendar year or 2.5%,whichever is greater.If LESSEE elects to pay the rent in one annual installment, such yearly rent shall be payable, in full, on or before the 1st of the month the lease was executed or the 1 st of each year. LESSEE shall NOT be entitled to receive a rent credit for the estimated value of mosquito control services at Marathon International Airport. All payments are due at the Airports Business Office, 9400 Overseas Highway, Marathon, FL 33050. 56 EZLZ 4. Covenants. The LESSEE hereby covenants and agrees with the LESSOR as follows; A. LESSEE shall have the right of access to the Marathon Airport leasehold area from its operations area off airport property. Said operations area is located immediately adjacent to the Runway Protection Zone, and directly in line with the final approach corridor and transitional surfaces, of Runway 25. Access to the Marathon Airport, and its defined airspace, is critical to the safety of LESEE'S operations. B. Said operations area shall be used only for purposes of carrying out the functions of air operations of the Florida Keys Mosquito Control District. C. No commercial maintenance of aircraft, no commercial activities, nor any other aviation business shall be conducted in the hangars or operations area by LESSEE. LESSEE'S hangars shall be utilized solely for housing and/or repairing FKMCD aircraft. There shall be no storage of vehicles or equipment on Airport property. D. LESSEE is encouraged to utilize the on-airport FBO for all aviation fueling needs. Fueling or servicing of aircraft on the leased premises must be in accordance with the National Fire Protection Association (NFPA) Code 407 and all pertinent FAA Part 139 regulations. The fuel tank and refueling station shall be utilized solely for fueling FKMCD aircraft and shall also adhere to the regulatory requirements of FAA Part 139 for fueling on airport. If fueling is conducted by LESSEE, LESSEE shall submit a full quality controlled fueling program for review and approval by the Airport Director. Should such quality control program not meet the standards set forth by the Airport Director all fueling henceforth shall immediately be purchased from the FBO. No FKMCD fueling vehicles shall be permitted on any part of the Airport. E. To pay the LESSOR the rent at the times and in the manner provided for by this lease. F. To allow LESSOR, with reasonable notice given to LESSEE, to inspect LESSEE'S premises described in Exhibit "B", for the purpose of ascertaining the performance of the covenants herein. G. lnsuj-al) e EQgjli�s. FKMCD shall have the option to either self-insure or to obtain commercial insurance coverage in the amounts listed below. If FKMCD chooses to self- insure, FKMCD agrees that FKMCD will be fully responsible for providing insurance protection to the COUNTY at least equal in value and protection as the COUNTY would enjoy if commercial coverage had been obtained as provided by the requirements set forth below. 1) FKMCD will obtain or possess the following insurance coverages and will provide Certificates of Insurance to the COUNTY to verify such coverage; Commercial Genera ILiabiIily. FKMCD: shall provide coverage for all premises and operations including Contractual, Products, and Completed Operations, and Personal/Advertising Injury. The limits shall not be less than; 57 VZLZ $5,000,000 Combined Single Limits (CSL)or its equivalent If split limits are provided,the minimum limits acceptable shall be; $5,000,000 per occurrence, $500,000 per person, $100,000 Property Damage The General Aggregate limit shall either apply separately to this agreement or shall be at least twice the required occurrence limits. Business Automobile Liability. FKMCD shall provide coverage for all owned, non-owned and hired vehicles with limits of not less than; $5,000,000 CSL or its equivalent If split limits are provided,the minimum limits acceptable shall be; $5,000,000 per occurrence $500,000 per person $100,000 Property Damage Aircraft Liability, FKMCD will provide coverage for limits of not less than $15,000,000 per occurrence. Worker's Cornliensation. FKMCD shall provide coverage with limits sufficient to respond to the applicable state statutes. Eniploye,es Liabih!y, FKMCD shall provide Employer's Liability insurance with limits of not less than; $1,000,000 Bodily Injury by Accident, $1,000,000 Bodily Injury by Disease,policy limits and $1,000,000 Bodily Injury by Disease, each employee. Prgpe ly hisurance. FKMCD shall provide coverage for all premises governed by this agreement with limits no less than the Replacement Cost Value of the leased premises and as a minimum shall include coverages consistent with the latest version of the Special Form as filed by the Insurance Services Office (ISO) and shall include as a minimum coverage for claims arising out of Fire, Sprinkler Leakage, Windstorm, Civil Commotion, Lightning, Sinkhole Collapse,Smoke,Aircraft and Vehicle Damage,Vandalism,Falling Objects,Explosion and Flood. 2) The Monroe County Board of County Commissioners will be included as "Additional Insured" on all policies, except for Worker's Compensation. In addition, the Monroe County Board of County Commissioners shall be named as Loss 58 SZLZ Payee on any property insurance placed on the leased facilities. 3) All insurance policies must specify that they are not subject to cancellation,non- renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the COUNTY by the insurer. 4) The acceptance and/or approval of FKMCD'S insurance shall not be construed as relieving FKMCD from any liability or obligation assumed under this lease or imposed by law. 5) FKMCD shall maintain the required insurance throughout the entire term of this lease and any extensions which may be entered into. The COUNTY, at its sole option,has the right to request a certified copy of any and all insurance policies required by this lease.Failure to comply with this provision shall be considered a default and the COUNTY may terminate the lease in accordance with paragraph 36. 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 be approved by Monroe County Risk Management. H. If LESSEE is notified that this lease has been violated for failure to maintain said adequate insurance coverage, upon notification, LESSEE shall immediately cause adequate insurance coverage to be provided, as stated in paragraph G, herein. Notwithstanding paragraph H, herein, LESSOR reserves the right to restrict all access to the airfield until it receives proof that such adequate insurance has been provided. 1. LESSEE shall keep his access gate to the Airport locked or secured by the security control and protection system except when in actual use for ingress and egress to the Airport. J. This lease shall be binding upon the parties thereto, their successors, personal representatives, and assigns. K. This lease shall be automatically cancelled should any condition of this lease be violated and not corrected with ten (10) days of written notice of the violation. In the event such violation is by a tenant of LESSEE, the commencing of diligent efforts to correct the violation shall preclude automatic cancellation. It is intended that LESSEE shall immediately commence litigation to correct any said violations if not so corrected within ten (10) days of the aforesaid written notice. L. The base access fee amount (standard Airport rates and charges) agreed to herein may be adjusted annually at LESSOR's option, in accordance with the percentage change in the Consumer Price Index (CPI-U) for Wage Earners and Clerical Workers in the Miami, Florida, area index, and shall be based upon the annual average CPI-U computation from 59 9ZLZ January 1 through December 31 of the previous calendar year. M. This lease is subject to approval by the Federal Aviation Administration. N. This lease may not be assigned or subleased to new parties without the express written consent of LESSOR and the approval of the FAA. Approval shall be at the sole discretion of the LESSOR and/or the FAA. 5. Leasehold Improvements and Use. LESSEE has the right during the term hereof, at its own expense,to pave the unpaved portion of the leasehold. LESSEE SHALL NOT PERFORM ANY OTHER LEASEHOLD IMPROVEMENT WITHOUT THE WRITTEN APPROVAL OF THE DIRECTOR OF AIRPORTS FOR THE FLORIDA KEYS MARATHON INTERNATIONAL AIRPORT. LESSEE shall cause to be removed any and all liens of any nature arising out of or because of any construction performed by LESSEE or any of its contractors or subcontractors on the leased premises or because of the performance of any work or labor upon or the furnishing of any materials for use at said premises, by or at the direction of LESSEE. 6. Coninron Areas. LESSEE shall have the right to use, in common with others, the Airport space and facilities to permit landing, taking off, loading, unloading and servicing of LESSEE'S aircraft, subject to reasonable rules and regulations of the COUNTY as to the use of such common spaces and facilities. 7. Maintenance of Premises. LESSEE 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. LESSEE is responsible for and shall properly maintain the security fences and gates surrounding the leased premises and is also responsible for properly securing any portion of the premises being remodeled or under construction. 8. Ins ectlon and Maintenance of Premises by, COUNTY The COUNTY and its authorized officers, employees, agents, contractors, subcontractors and other representatives shall have the right to enter upon the leased premises for the following purposes: a) to inspect the leased premises at reasonable intervals during regular business hours (or at any time in case of emergency)to determine whether LESSEE has complied and is complying with the terms and conditions of this agreement with respect thereto; b) to perform essential maintenance, repair, relocation, or removal of existing underground and overhead wires, pipes, drains, cables and conduits now located on or across the leased premises, and to construct, maintain, repair, relocate, and remove such facilities in the future as necessary to carry out the Master Plan of development of the Airport; provided, however, that said work shall b e coordinated to minimize interfere with the operations of LESSEE and, provided further, that the entire cost of such work, including but not limited to 60 LZLZ the cost of rebuilding, removing, relocating, protecting or otherwise modifying any fixed improvements at any time erected or installed in or upon the leased premises by LESSEE, the COUNTY or third parties, as a result of the exercise by the COUNTY of its rights hereunder, and all damage to such fixed improvements caused thereby, shall be borne by the COUNTY. 9. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and LESSEE in this agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 10. Books Ilecords and Docuineiats. LESSEE 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 four years following the termination of this Agreement. 11. Governing Law,Venue, Interpretation. This agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this agreement the COUNTY and LESSEE agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The COUNTY and LESSEE agree that, in the event of conflicting interpretations of the terms or a term of this agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 12. Severabiliiy. 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. The COUNTY and LESSEE agree to reform the agreement to replace any stricken provision with a valid provision that comes as close as possible 61 8ZLZ to the intent of the stricken provision.. 13. Attor•ne 's "ees and Costs. The COUNTY and LESSEE agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, court 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. 14. Binding Effect. The terms, covenants, conditions, and provisions of this agreement shall bind and inure to the benefit of the COUNTY and LESSEE and their respective legal representatives, successors, and assigns. 15. 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. 16. Claims for Federal or.State Aid,, The COUNTY and LESSEE agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 17. Adjudication of Disputes or Disa r°eetnents. The COUNTY and LESSEE agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within thirty (30) days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Monroe County Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this agreement by Florida law. 18. 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, the COUNTY and LESSEE agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this agreement or provision of the services under this agreement. The COUNTY and LESSEE specifically agree that no party to this agreement shall be required to enter into any arbitration proceedings related to this agreement. A party who requests the other's party's participation in 62 6ZLZ accordance with the terms of this section shall pay all reasonable expenses incurred by the other party by reason of such participation. 19. Non discrimination. The COUNTY and LESSEE agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that LESSEE has discriminated against any person, this agreement automatically terminates without any further action on the part of any party, effective the date of the Court order. LESSEE agrees 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 prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 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 § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended(42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,relating to nondiscrimination on the basis of drug abuse;6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 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 §§ 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 §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article Il, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression,familial status or age; and 11)any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 20. Covenant of No Interest. The COUNTY and LESSEE covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this agreement, and the only interest of each is to perform and receive benefits as recited in this agreement. 63 OELZ 21. Code ofEtbics. The 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. 22. Public Access. The COUNTY and LESSEE 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 and LESSEE in conjunction with this agreement; and the COUNTY shall have the right to unilaterally cancel this agreement upon violation of this provision by LESSEE. 23. .Privile es 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 to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 24. Le2al 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. 25. Nun-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-parry claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and LESSEE agree that neither the COUNTY nor LESSEE or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this agreement. 64 26. 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. 27. Indemnification. FKMCD, as a state agency or subdivision defined in Section 768.28,Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortuous actions, which result in claims or suits against either COUNTY or FKMCD, and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortious acts. COUNTY, as a political sub-division of the State of Florida, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortuous acts, which result in claims or suits against either the FKMCD or County, and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortious acts. Nothing contained in this Section shall be construed to be a waiver by either party of any protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar provision of law. Nothing contained herein shall be construed to be a consent by either party to be sued by third parties in any matter arising out of this or any other Agreement. 28. 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. 29. Section Heading. Section headings have been inserted in this agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this agreement and will not be used in the interpretation of any provision of this agreement. 65 2731 30. Default. Unless the COUNTY has accepted a rental installment after it has become due together with any applicable late payments and penalties, the failure to pay rental installments when due shall constitute a default under the terms of this lease. The failure to pay any other charges or fees when due under this lease shall constitute a default. Further, the failure of LESSEE to perform any other of the covenants of this lease, which failure shall continue for a period of ten (10) days, or for such longer period of time as may be reasonably required to rectify said failure through the exercise of prompt, diligent and continuous action, after notice thereof is given to LESSEE in writing by the COUNTY, shall also constitute a default under the terms of this lease. In the event of a default, the COUNTY may, at its option, declare the lease forfeited and may immediately re-enter and take possession of the leased premises and this lease shall terminate. If it shall be necessary to employ the services of an attorney in order to enforce its right under this paragraph, or to collect any of its rentals, fees, or charges due, the COUNTY shall be entitled to reasonable attorney's fees. 31. Termination of Convenience. Either party may cancel this lease agreement by giving sixty (60) days advanced written notice. 32. FAA Requirements. The parties shall comply with FAA Required Lease Clauses, which are listed in Exhibit A, attached hereto and made a part hereof 33. AIRPORT SECURITY a. General. The Federal Transportation Security Administration is the federal agency primarily responsible for regulating the security measures utilized by the airport owner pursuant to the relevant provisions of Chapter 49, United States Code, and regulations adopted under the authority of the Code, including but not limited to 49 CFR 1540, et seq. Violations of the statutes or regulations may result in severe civil monetary penalties being assessed against the airport operator. It is the intent of the airport operator that the burdens and consequences of any security violations imposed upon the airport operator a s a result of actions by an airport tenant or the airport tenant's employees, agents, invitees, or licensees shall be borne by the airport tenant. b. Airport Tenant Defined. An airport tenant means any person, entity, organization, partnership, corporation, or other legal association that has an agreement with the airport operator to conduct business on airport property. The term also includes an airport tenant as defined in 49 CFR 1540.5. Each signatory to this agreement, other than the airport operator, is an airport tenant. c. Airport Operator Defined. As used in this agreement, airport operator means Monroe County, Florida, its elected and appointed officers, and its employees. 66 2732 d. Airport Property Defined. Airport property shall mean the property owned or leased by, or being lawfully used by, the airport operator for civil aviation and airport- related purposes. For purposes of this agreement, airport property is the property generally referred to as the Key West International Airport, the Florida Keys Marathon Airport, or both as may be set forth in this agreement. e. Inspection Authority. The airport tenant agrees to allow Transportation Security Administration (TSA) authorized personnel, at any time or any place, to make inspections or tests, including copying records, to determine compliance of the airport operator or airport tenant with the applicable security requirements of Chapter 49, United States Code, and 49 CFR 1540, et seq. the extent permitted by the airport operator, with the Airport Security Program promulgated by the airport operator and approved by TSA, and also agrees to conform its' operations and business activities to the requirements of the Airport Security Program. f.Airport Security Program. The airport tenant agrees to become familiar, to the extent permitted by the airport operator, with the Airport Security Program promulgated by the airport operator and approved by TSA, and also agrees to conform its' operations and business activities to the requirements of the Airport Security Program. g. Tenant Security Program. If permitted under TSA regulations, the airport tenant may voluntarily undertake to maintain an Airport Tenant Security Program as referred to in 49 CFR 1542.113. If the airport tenant voluntarily promulgates an Airport Tenant Security Program that is approved by TSA, such program, as may be amended and approved from time to time, shall be automatically incorporated into this agreement. h. Breach of Agreement. Should TSA determine that the airport tenant or one or more of the airport tenant's employees, agents, invitees, or licensees has committed an act or omitted to act as required, and such act or omission is a violation which results in TSA imposing a civil penalty against the airport operator in accordance with TSA's Enforcement Sanction Guidance Policy, such determination and imposition of a civil penalty by TSA shall be considered a significant breach of this agreement. (1) Minimum Violation. If the violation is the first or second violation attributed to the airport tenant and is a civil penalty "minimum violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, mitigating, compromising, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures. If the violation is a third violation, or 67 2733 there are multiple violations in excess of two violations, that is or are a civil penalty "minimum violation," the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this agreement, such cancellation to be effective thirty (30) calendar days after receipt by the airport tenant of written notice of cancellation of this agreement by the airport operator. (2) Moderate Violation. If the violation is the first or second violation attributed to the airport tenant and is a civil penalty "moderate violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport tenant may cause all of airport tenant's employees involved in the airport tenant's business operations on the airport property to undergo such security training as may be required by the airport operator. The total cost of the training shall be paid for by the airport tenant. If the violation is a third violation, or there are multiple violations in excess of two violations, that is or are a civil penalty "moderate violation," the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective thirty (30) calendar days after receipt by the airport tenant of written notice of cancellation of this agreement by the airport operator. (3) Maximum Violation. If the violation is the first violation attributed to the airport tenant and is a civil penalty "maximum violation" as provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the airport operator, including any fines and penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport tenant may cause all of airport 2734 68 tenant's employees involved in the airport tenant's business operations on the airport property to undergo such security training as may be required by the airport operator. The total cost of the training shall be paid for by the airport tenant. If the violation is a second violation, or there are multiple violations, that is or are a civil penalty "maximum violation," the airport tenant shall pay to the airport operator the total costs incurred by the airport operator, including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel this agreement, such cancellation to be effective thirty (30) calendar by the airport operator. (4) Mitigation of Breach. TSA has a policy of forgoing civil penalty actions when the airport operator detects violations, promptly discloses the violations to TSA, and takes prompt corrective action to ensure that the same or similar violations do not recur. This policy is known as the TSA Voluntary Disclosure Program Policy, and is designed to encourage compliance with TSA regulations, foster secure practices, and encourage the development of internal evaluation programs. The airport tenant agrees that upon detecting a violation the airport tenant will immediately report it to the airport operator. Should the TSA ultimately determine that the violation was committed by the airport tenant, or an employee, agent, invitee, or licensee of the airport tenant, but the violation should result in the issuance of a letter of correction in lieu of a civil penalty, then the airport tenant shall reimburse the airport operator the total costs incurred by the airport operator in investigating, defending, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in the investigation, defense, mitigation, or taking of remedial action measures. A violation resulting in the issuance of a letter of correction shall not be considered to be a breach of this agreement by the airport tenant. (5) Survival of Subsection. This subsection 34h. shall survive the cancellation or termination of this agreement and shall be in full force and effect. 34. Rules and Regulations A. COMPLIANCE. LESSEE shall comply with all ordinances of the COUNTY, including any reasonable rules and regulations with respect to use of Airport property, as the same may be amended from time to time, all additional laws, statutes, ordinances, regulations and rules of the federal, state and county governments, and any and all plans and programs developed in compliance therewith, which may be applicable to its operations, including specifically, without limiting the generality thereof, federal air and safety laws and regulations 2735 69 and federal, state, and county environmental, hazardous waste and materials and natural resources laws, regulations and permits. This agreement is subordinate to the County's obligations under federal aviation law and contractual commitments to the federal government. Upon a formal written declaration by the Federal Aviation Administration ("FAA") that a term or provision of the Agreement is inconsistent with federal aviation law or a contractual commitment to the FAA, the impermissible term shall be severed, without affecting the remainder of the Agreement. The parties may agree to amend the Agreement as provided herein as necessary to comply with the FAA's formal written declaration. B. VIOLATIONS. LESSEE agrees to pay on behalf of the COUNTY any penalty, assessment, or fine, issued against the COUNTY, or to defend in the name of the COUNTY any claim, assessment, or civil action, which may be presented or initiated by any agency or office of the federal, state, or county governments, based in whole or substantial part upon a claim or allegation that LESSEE, its agents, employees or invitees have violated any law, ordinance, regulation, rule or directives described in 34(A) above. 35. Rights Reserved._ Rights not specifically granted to LESSEE by this Agreement are reserved to the COUNTY. 36. Mutual Review. This agreement has been carefully reviewed by LESSEE and the COUNTY, therefore this agreement is not to be construed against either party on the basis of authorship. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. 70 2736 L£LZ IN WITNESS WHEREOF, the party of the first part has caused these presents to be executed in its name, and the party of the second part has signed these presents, in duplicate, all as of the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor/Chairperson �RO B U ry A ANC � FORM Date: PE J. ASSMTA U A Date 3/11/25 (SEAL) FLORIDA KEYS MOSQUITO ATTEST: CONT 1, BOARD BY: BY .. ._ . Director C la:arperson Date: 71 8£LZ EXHIBIT A FAA REQUIRED LEASE CLAUSES 1. This lease shall be subject to review and re-evaluation at the end of each 1 year period,by the airport owner and the rent may be adjusted according to their action, not to exceed the Consumer Price Index rate during the last 12 month period, or; Land less improvements will be appraised every 5 years and the adjusted rental will be based on normally 10-12 percent of the appraised value. If disputed, lessor obtains appraisal at his expense and lessor/lessee equally share expense for review appraisal that establishes fair market value. 2. The tenant for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2)that in the construction of any improvements on, over or under such land and the furnishing or services thereon,no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination, (3) that the tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary,Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, Airport Owner shall have the right to terminate the lease and to re-enter and as if said lease had never been made or issued. The provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed including exercise or expiration of appeal rights. 3. It shall be a condition of this lease, that the lessor reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the real property hereinafter described, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft,now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from or operating on the airport. That the Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the hereinafter described real property to such a height so as to comply with Federal Aviation Regulations, Part 77. That the Lessee expressly agrees for itself, its successors and assigns, to prevent any use of the hereinafter described real property which would interfere with or adversely affect the operation or maintenance of the airport, or otherwise constitute an airport hazard. 72 6ELZ 4. This lease and all provisions hereof are subject to any ordinances rules or regulation which have been, or may hereafter be adopted by the Airport Owner pertaining to the Florida Keys Marathon International Airport. 5. 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 Lessor herein reserves the right to grant similar privileges to another Lessee or other Lessees on parts of the airport. 73 OVLZ EXHIBIT B tL r J 4 JJ ��J W NO ee, IR'�� t- i,�lJ,�,� 7 � `ru � `;"` W� t 4 vA ,w 01, ydyr�rr rt " , � /L ���Pr��r � �` �� ' main,�'�• P� r t 74 CERTIFICATE OF COVERAGE ISSUED ON: 09/27/2024 COVERAGE PROVIDED BY:PREFERRED GOVERNMENTAL INSURANCE TRUST PACKAGE AGREEMENT NUMBER: PK FL 0444003 24-21 COVERAGE PERIOD: 10/01/2024 TO 10/01/2025 12:01 AM COVERAGES:This is to certify that the agreement below has been issued to the designated member for the coverage 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 coverage afforded by the agreement described herein subject to all the terms,exclusions and conditions of such agreement. Mail to:Certificate Holder Designated Member Monroe County Board of County Commissioners Florida Keys Mosquito Control District Insurance Compliance-PO Box 100085-FX 18 Aquamarine Drive Duluth,Georgia 30096 Key West,FL 33040 LIABILITY COVERAGE WORKERS'COMPENSATION COVERAGE X Comprehensive General Liability,Bodily Injury,Property Damage WC AGREEMENT NUMBER: and Personal Injury: Limit $3,000,000 $0 Deductible Self Insured Workers'Compensation X Employee Benefits Liability Limit $3,000,000 $0 Deductible X Employment Practices Liability Statutory Workers'Compensation Limit $1,000,000 $0 Deductible X Public Officials Liability Employers Liability $ Each Accident Limit $1,000,000 $0 Deductible $ By Disease Law Enforcement Liability $ Aggregate Disease Limit Deductible PROPERTY COVERAGE AUTOMOBILE COVERAGE X Buildings&Personal Property X Automobile Liability Limit:Per schedule on file with Trust $5,000 Deductible Limit $3,000,000 $0 Deductible Note:See coverage agreement for wind,flood,and other deductibles. X All Owned Rented,Borrowed and Leased Equipment Specifically Described Autos Limit:$0 TIV See Schedule for Deductible X Hired Autos X Total All other Inland Marine X Non-Owned Autos Limit:$500,000 TIV See Schedule for Deductible X Automobile Physical Damage CRIME COVERAGE X Comprehensive See Schedule for Deductible X Employee Dishonesty X Collision See Schedule for Deductible Limit$50,000 $5,000 Deductible X Hired Auto with limit of$35,000 X Forgery or Alteration Limit$250,000 $5,000 Deductible Garage Keepers X Theft Disappearance&Destruction Liability Limit Limit$250,000 $5,000 Deductible Liability Deductible X Computer Fraud Comprehensive Deductible Limit$250,000 $5,000 Deductible Collision Deductible NOTE:Additional Covered Party status is excluded for non-governmental entities. The most we will pay is further limited by the limitations set forth in Section 768.28(5),Florida Statutes(2010)or the equivalent limitations of successor law which are applicable at the time of loss. Description of Operations/Locations/Vehicles/Special items-(This section completed by members agent,who bears complete responsibility and liability for its accuracy): k ,T y 7,7, w' 10.4. ,ry 24 DATE�,, This certificate is issued as a matter of information only and confers no rights upon the certificate holder.This certificate does not amend,extend or alter the coverage afforded by the agreement above. Administrator CANCELLATIONS Public Risk Underwriters@ SHOULD ANY OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE P.O.Box 958455 EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE Lake Mary,FL 32795-8455 COVERAGE AGREEMENT PROVISIONS. Producer rJ� Z_ Foundation Risk Partners of Florida,LLC DBA Key West Insurance /� 646 United Street,Suite 101 Key West,FL 33040 AUTHORIZED REPRESENTATIVE PGIT-CERT(1/19)PRINT FORM 09/27/2024 2741 Print Date:9/27/2024 rred 09/27/2024 Monroe County Board of County Commissioners Insurance Compliance-PO Box 100085-FX Duluth , Georgia , 30096 Re: Coverage Agreement - PK FLI 0444003 24-21 Florida Keys Mosquito Control District Effective Date: 10/01/2024 TO 10/01/2025 To Whom It May Concern: Preferred Governmental Insurance Trust is unable to name non-governmental entities as an additional covered party due to Florida Statute 768.28. Non-governmental entities do not enjoy sovereign immunity protection under Florida law. Coverage through the Preferred Governmental Insurance Trust is predicated upon the concept of sovereign immunity among all its members. Accordingly, entities which are not eligible for sovereign immunity protection under F.S. 768.28 may not be an additional covered party under the Preferred coverage agreement. We appreciate your understanding. Margaret E. Gross, CPCU Director of Underwriting "IfAdditional Covered Party status was not requested on the attached certificate, the provisions in this letter do not apply.** Administered by PUBLIC RISK UNDERWRITERS P.O. Box 958455 +Lake Mary, FL 32795-8455 +Phone: 321-832-1450+Fax: 321-832-1489 2742 Print Date:9/27/2024 �n Underwritten by: STARR -- v , e�Starr Indemnity& Liability Company � �t�-�� � � �o PART 2 DECLARATIONS Policy Number SASICOM60179924-05 Previous Policy Number SASICOM60179923-04 This page with "Policy Provisions -- Part 1" Form Starr AV Policy Provisions (5/09) and all endorsements attached hereto completes this numbered aviation physical damage and liability policy, issued by the company as indicated above (hereinafter called the Company). ITEM 1. NAMED INSURED FLORIDA KEYS MOSQUITO CONTROL DISTRICT ADDRESS 18 AQUAMARINE DRIVE KEY WEST, FL 33040 ITEM 2. Policy Period: From OCTOBER 1, 2024 to OCTOBER 1, 2025 12:01 A.M. Standard Time at the address in Item 1. The insurance afforded is only with respect to such and so many of the following coverages as are indicated by specified premium charge or charges. The limit of the Company's liability against such coverage shall be as stated herein, subject to all of the terms of this policy having reference thereto. If more than one aircraft is insured hereunder, the terms of this policy shall apply separately to each. ITEM 3. Liability Coverages LIMITS OF LIABILITY LIABILITY PREMIUMS EACH PERSON EACH OCCURRENCE A. Bodily Injury-- excluding Passengers $ $ $ B. Property Damage X X X X C. Passenger Liability D. Single Limit --INcluding Passengers X X X X 15,000,000 with Passenger Liability limited internally to: NOT APPLICABLE X X X X 98,822 E. Medical Expense -- INcluding Crew 5,000 35,000 INCLUDED LIAB. TOTAL $ 98,822 ITEM 4. Description of Aircraft and Physical Damage Coverage hereunder: DEDUCTIBLES F.A.A. YEAR SEATS INSURED PHYSICAL PHYSICAL NOT IN IN MOTION, CERT. MAKE AND MODEL BUILT crew pass VALUE DAMAGE DAMAGE MOTION INGESTION, NO. COV. PREMIUMS OR MOORING ------ AS ENDORSED ------------------ ---- -- -- ----------- $ 385,114 $ ------- $ ------- PHYSICAL DAMAGE Coverage Identified G. Open Peril Basis Not In Flight. Endorsement Premium: $19,887 F. Open Peril Basis Ground & Flight. H. Open Peril Basis Not In Motion PHYSICAL DAMAGE POLICY PREMIUM A FLORIDA TAX OF $5,038.23 SHALL APPLY. TOTAL $ 385,114. $ 503,823 ITEM 5. When in flight the aircraft will be operated only by pilots meeting the requirements endorsed in this policy. ITEM 6. The aircraft will be used only for the purposes indicated by "X" below (see Definitions). "PLEASURE AND BUSINESS" I I "CHARTER/AIR TAXI" "COMMERCIAL" X I AS ENDORSED HEREON ITEM 7. The named insured is and shall remain the sole owner of the aircraft and the aircraft is not subject to any encumbrance other than as indicated herein. Endorsements and forms forming a part of this policy on its effective date: SSPD, STARR AV PROVISIONS (5/09), STARR FORMS 10284, 10075, 10114, 10197, 10276, 10206, LIIBA AVIATION 112.09.191, 10683, 10161, 10359, 10653, 10227, 10150, 10236, 10240, 10242, 10241, 10247, 10249, 10250, ET AL. Producer WORLD INSURANCE ASSOCIATES LLC 18604 KITTY HAWK COURT, SUITE H, PORT ST. LUCIE, FL 34987 Countersigned (if required) Approved By At (Authorized Representative) By Date of Issue DECEMBER 24, 2024 (SBC) (Authorized Representative) APPROVED BY RISK MANAGEMENT BY DATE 03.17.2 6 2743 Starr AV Declarations (5/09) - 1 - WAIVER NIA RYES CERTIFICATE OF COVERAGE ISSUED ON: 09/27/2024 COVERAGE PROVIDED BY:PREFERRED GOVERNMENTAL INSURANCE TRUST PACKAGE AGREEMENT NUMBER: WC FL 0444003 24-23 COVERAGE PERIOD: 10/01/2024 TO 10/01/2025 12:01 AM COVERAGES:This is to certify that the agreement below has been issued to the designated member for the coverage 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 coverage afforded by the agreement described herein subject to all the terms,exclusions and conditions of such agreement. Mail to:Certificate Holder Designated Member Monroe County Board of County Commissioners Florida Keys Mosquito Control District Insurance Compliance-PO Box 100085-FX 18 Aquamarine Drive Duluth,Georgia 30096 Key West,FL 33040 LIABILITY COVERAGE WORKERS'COMPENSATION COVERAGE Comprehensive General Liability,Bodily Injury,Property Damage WC AGREEMENT NUMBER: NYC FL 0444003 24-23 and Personal Injury: Limit Deductible Self Insured Workers'Compensation Employee Benefits Liability Limit Deductible Employment Practices Liability X Statutory Workers'Compensation Limit Deductible Public Officials Liability X Employers Liability $1,000,000 Each Accident Limit Deductible $1,000,000 By Disease Law Enforcement Liability $1,000,000 Aggregate Disease Limit Deductible PROPERTY COVERAGE AUTOMOBILE COVERAGE Buildings&Personal Property Automobile Liability Limit:Per schedule on file with Trust Deductible Limit Deductible Note:See coverage agreement./or wind,flood,and other deductibles. All Owned Rented,Borrowed and Leased Equipment Specifically Described Autos Limit:$0 TIV See Schedule for Deductible Hired Autos Total All other Inland Marine Non-Owned Autos Limit:$0 TIV See Schedule for Deductible Automobile Physical Damage CRIME COVERAGE Comprehensive See Schedule for Deductible Employee Dishonesty Collision See Schedule for Deductible Limit Deductible Hired Auto with limit of Forgery or Alteration Limit Deductible Garage Keepers Theft Disappearance&Destruction Liability Limit Limit Deductible Liability Deductible Computer Fraud Comprehensive Deductible Limit Deductible Collision Deductible NOTE:Additional Covered Party status is excluded for non-governmental entities. The most we will pay is further limited by the limitations set forth in Section 768.28(5),Florida Statutes(2010)or the equivalent limitations of successor law which are applicable at the time of loss. Description of Operations/Locations/Vehicles/Special items-(This section completed by members o-1 whn honrc mow Moro ro--ibitir„n 1 rnhrrt„for,tr,n"urn v): Ir T w 10 4 24 This certificate is issued as a matter of information only and confers no rights upon the certificate holder.This certificate does not amend,extend or alter the coverage afforded by the agreement above. Administrator CANCELLATIONS Public Risk Underwriters@ SHOULD ANY OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE P.O.Box 958455 EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE Lake Mary,FL 32795-8455 COVERAGE AGREEMENT PROVISIONS. Producer rJ� Z_ Foundation Risk Partners of Florida,LLC DBA Key West Insurance /� 646 United Street,Suite 101 Key West,FL 33040 AUTHORIZED REPRESENTATIVE PGIT-CERT(1/19)PRINT FORM 09/27/2024 2744 Print Date:9/27/2024 rred 09/27/2024 Monroe County Board of County Commissioners Insurance Compliance-PO Box 100085-FX Duluth , Georgia , 30096 Re: Coverage Agreement - WC FL1 0444003 24-23 Florida Keys Mosquito Control District Effective Date: 10/01/2024 TO 10/01/2025 To Whom It May Concern: Preferred Governmental Insurance Trust is unable to name non-governmental entities as an additional covered party due to Florida Statute 768.28. Non-governmental entities do not enjoy sovereign immunity protection under Florida law. Coverage through the Preferred Governmental Insurance Trust is predicated upon the concept of sovereign immunity among all its members. Accordingly, entities which are not eligible for sovereign immunity protection under F.S. 768.28 may not be an additional covered party under the Preferred coverage agreement. We appreciate your understanding. Margaret E. Gross, CPCU Director of Underwriting "IfAdditional Covered Party status was not requested on the attached certificate, the provisions in this letter do not apply.** Administered by PUBLIC RISK UNDERWRITERS P.O. Box 958455 +Lake Mary, FL 32795-8455 +Phone: 321-832-1450+Fax: 321-832-1489 2745 Print Date:9/27/2024