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Item C06 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: August 19, 2009 BULK ITEM: YES DIVISION: COUNTY ADMINISTRATOR DEPARTMENT: AIRPORTS STAFF CONTACT PERSON: Peter Horton Phone: 809-5200 AGENDA ITEM WORDING: Approval of renewal agreement with Orion Bank for an Automated Teller Machine at the Key West International Airport. ITEM BACKGROUND: Original lease agreement had an option for renewal, which both parties wish to exercise. PREVIOUS RELEVANT BOCC ACTION: Approval of lease agreement 3/17104. CONTRACT/AGREEMENT CHANGES: Revises term of agreement, and adjusts rental fees for first year to $699.43 per month. Addresses possible relocation of ATM. STAFF RECOMMENDATION: Approval TOTAL COST: None INDIRECT COST: None DIFFERENTIAL OF LOCAL PREFERENCE: nla COST TO AIRPORT: None COST TO PFC: None COST TO COUNTY: None BUDGETED: n/a SOURCE OF FUNDS: ~a REVENUE PRODUCING: Yes AMOUNT PER MONTH: $699.43 APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X DOCUMENTATION: Included X Not Required AGENDA ITEM # DISPOSITION: /bev AO revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Orion Bank Effective Date: 7/1/09 Expiration Date: 6/30/14 Contract PurposelDescription: Renewal Agreement for Automated Teller Machine Contract Manager: Peter Horton (name) # 5200 (Ext.) for BOCC meeting on: 8/19/09 Airports - Stop # 5 (DepartmenU Stop) Agenda Deadline: 8/4/09 CONTRACT COSTS Total Dollar Value of Contract: Revenue Producing Budgeted? nla Grant: nla County Match: nla Current Year Portion: nla Account Codes: nla Estimated Ongoing Costs: nla (not included in dollar value above) ADDITIONAL COSTS For: . (eg. maintenance, utilities, janitorial, salaries, etc.) Airports Director Risk Management O~.IPurChasing County Attorney Comments: CONTRACT REVIEW Date In Changes Needed Yes No 1-@t~ D J12JQ!J. D -&!...fL or ( ) ('A ( ) (~ ( ) (v( ( ) ( ) -1_1- By JUL 1 7 2009 Ih Reviewer nt q for~ e.d..1L& ~/l.C9 dO' County Attorney Date Out ..1J 2.01 jfj 7 l!0cq {-IL~ 1-.J/~/o'f RENEWAL AGREEMENT AUTOMATED TELLER MACIIlNE KEY WEST INTERNATIONAL Am.POH.T This Agreement is made and entered into by and between Monroe ('ount). a political suhdi\.isiun of the State of Florida, owner of Key West International AirpOlt. whose address is 3491 South Roosevelt Boulevard. Key West, Florida 33040, hereinafter refclTed to as "Lessor", and Orion B:H1K. a State of Florida ehaltered, locally owned, independent bank, whose address is 2150 Uoodlctle Road North, Naples, Florida, 34102, hereinafter referred to as "Lessee". WHEREAS. on the 17th day of March. 2004, the pal1ies entered into an <lgreement granting thl' Lessee the right to maintain and operate an automated teller machine at the Key West international Airpol1. A copy of the original agreement is attached to this renewal agreement and made ,1 part of it: and WHEREAS, the original agreement term ended on January 12, 2009 but the Lessee desires to exercise its option to renew the original agreement an additional 5 years: now, therefore. IN CONSIDERATION of the mutual promises and covenants set forth below. the parties agre<: as follows: 1. Paragraph 2 of the original agreement is amended to read: 2. Term. The term of this Agreement is for a term of live (5) years. eommenci Ilg on July 1.2009, and terminating on June 30, 2014. 2. Paragraph 3 of the original agreement is amended to read: 3. Rental and Fees. The rent for the premises for the initial year of this renewal agreement shall be $699.43 per 1110nlh, plus applicable sales ta:-.:. Rental rates arc subject to revision annually. in accordance with the percentage change in the Consulller Price Index for all urban consumers (CPI-U) for the most recenl 12 months available. In the event the ^ 'I'M terminal has to be relocated Lessee shall be responsible for all worK, including the hiring ofa contractor. related to the reloearion. The Count) \\ill bear the cost of relocation in the event the ATM terminal has to be relocated duri ng the e:-.:isting terminal renovation phase of the Key West lnternational Airport - Ne\v Terminal Construction and Renovation project. The County. at its sole discretion and upon presentation of ill\oices for the relocation work, shall either reimburse the Lessee for the cost of the relocation work or shall offset any future rents in the form of a rent credit up to the cost or the relocation work. 3 The following paragraph is appended to the Renewal Agreemenr and incorporated into the original agreement as paragraph 2LJ. 29. SeverahilitY.]f all) term. cmenant condition or pnl\ision of thi." Agreement (or the application thereof to any circulllstance or person) shall be dl'clared ill\alid or unentoreeable to any e:-.:tent hy a court of compctl.'nt ,imisdietilln. the rl'lllaining terms. co\,enants, conditions and prmisions 01' this Agreemcnt shal I not hl' alTl'ctcd 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 Lessor and Lessee agree to refonn the Agreement to replace any stricken provision with a val id provision that comes as close as possible to the intent of the stricken provision. 4. The fo] lowing paragraph is appended to the Renev"a] Agreement and incorporated into the original agreement as paragraph 30. 30. Attorney's Fees and Costs. The Lessor 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, courts costs, investigative. and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 5. The following paragraph is appended to the Renewal Agreement and incorporated into the original agreement as paragraph 31. 31. Binding Effect. The terms. covenants. conditions, and prOVISions of this Agreement shall bind and inure to the benefit ofthe Lessor and Lessee and their respective ]egal representatives. successors. and assigns. 6. The following paragraph is appended to the Renewal Agreement and incorporated into the original agreement as paragraph 32. 32. Authoritv. 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 la\v. 7. The following paragraph is appended to the Renewal Agreement and incorporated into the original agreement as paragraph 33. -'-'. Adiudication of Disputes or Disagreements. Lessor and Lessee agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session. the issue or issues shall be discllssed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the par1ies. then any party shall have the right to seek such rei ief OJ" remedy as may be pro\ ided by this Agreement or by Florida la\\. 8. The 1'0110\\ ing paragraph is appended to the Rene\\al Agreement and incorporated into the original agreement as paragraph 3~. 34. Cooperation. In the event an) administrative or legal proceeding is instituted against either pan)' n:lating to the formation. execution, performance, or breach of this Agreement. Lessor 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. Lessor and Lessee specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9. The fo]lowing paragraph is appended to the Renevval Agreement and incorporated into the original agreement as paragraph 35. 35. Nondiscrimination. Lessee agrees that there will be no discrimination against any person. and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred. this Agreement automatically terminates without any f1Jl1her action on the part of any party. effective the date of the court order. Lessor and Lessee agree to comply with al] Federal and F]orida statutes. and all local ordinances. as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss.1681-1683, and ]685-1686). which prohibits discrimination 011 the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794). which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975. as amended (42 USC ss. 610]-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 Hea]th Service Act of ]9]2, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended. relating to confidentiality ofa/cohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of ]968 (42 USC s. et seq.), as amended. relating to nondiscrimination in the sale. rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 120] Note). as maybe amended from time to time. relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the pal1ies to. or the subject matter of. this Agreement. 10. The following paragraph is appended to the Renewal Agreement and incorporated into the original agreement as paragraph 36. 36. Covenant of No Interest. Lessor and Lessee covenant that neither presently has any interest. and shall not acquire any interest. which would contlict in any manner or degree with its performance under this Agreement. and that only interest of each is to perform and receive benefits as recited in this Agreement. 11. The 1'0110\1 ing pat"agraph is appended to the Rene\\al Agreement and incorporated into the original agreement as paragraph 37. 37. Code of Ethics. Lessor agrees that oHicers and employees of the Count) recognize and II ill be requil'ed to compl) Ilith the standards of conduct for public ofticers and employees as delilk,:lted ill Section 112.313. Florida Statutes. regarding. but not limited to. sulicitation or acceptancc 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. 12. The following paragraph is appended to the Renewal Agreement and incorporated into the original agreement as paragraph 38. 38. No SolicitationiPavment. The Lessor and Lessee warrant that. in respect to itself it has neither employed nor retained any company 01" person. other than a bona fide employee worKing solely for it. to sol icit or secure this Agreement and that it has not paid or agreed to pay any person. company. corporation. individual, or firm. other than a bona fide employee working solely for it. any fee. commission. percentage. gift. or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision. the Lessee agrees that the Lessor shall have the right to terminate this Agreement without liability and, at its discretion. to offset from monies owed. or otherwise recover, the full amount of such fee. commission. percentage. gift. or consideration. 13. The following paragraph is appended to the Renewal Agreement and incorporated into the original agreement as paragraph 39. 39. Public Access. The Lessor 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 Lessor and Lessee in conjunction with this Agreement: and the Lessor shall have the right to unilaterally cancel this Agreement upon violation of this provision by Lessee. 14 The following paragraph is appended to the Renewal Agreement and incorporated into the original agreement as paragraph 40. 40. Non- Waiver of Immunitv. Notwithstanding he provisions of Sec. 768.28, Florida Statutes, the participation of the Lessor and the Lessee in this Agreement and the acquisition of any commercial liability insurance coverage. self-insurance coverage. or local goveml11ent 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 Lessor be required to contain any provision for waiver. 1 S. The following paragraph is appended to the Renewal Agreement and incorporated into the original agreement as paragraph 41. 41. Pri\ ileges and Immunities. All of the privileges and imlllunities from liability, e:o.emptions from laws. ordinances. and rules and pensions and relief disability. workers' compensation. and other benefits \\ hich apply to the activity of officers. agents. or employees of any public agents or employees of the Lessor. when performing their respective functions under this Agreement \\ ithin the territorial limits of the County shall apply to the samc degree and extent w the performance of such functions and duties of such ollicers. agents. \lllunteers. or employees outside the territorial limits of the COllnty. ] 6. The following paragraph is appended to tile Renewal Agreement and incorporated into the original agreement as p<lragraph 42. 42. Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statuto!"}' 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 la\\ except to tile 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 Lessor. except to the extent pel111itted by the Florida constitution. state statute. and case law. 17. The following paragraph is appended to the Renewal Agreement and incorporated into the original agreement as paragraph 43. 43. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the tenns. or any of them. of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the Lessor and the Lessee agree that neither the Lessor nor the Lessee or any agent, officer, or employee of either shall have the authority to infonll, counsel. or otherwise indicate that any pm1icular individual or group of individuals. entity or entities. have entitlements or bellefits under this Agreement separate and apal1, inferior to. or superior to the community in general or for the purposes contemplated in this Agreement. ] 8. The following paragraph is appended to the Renewal Agreement and incorporated into the original agreement as paragraph 44. 44. 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 Lessor in his or her individual capacity, and no member, officer. agent or employee of Lessor shall be liable personally on this Agreement or be subject to any personalliabiJity or accountability by reason of the execution of this Agreement. J 9. The following paragraph is appended to the Renewal Agreement and incorporated into the original agreement as paragraph 45. 45. Execution in Counterparts. This Agreement may be executed in any number of counterparts. each of \\ hich shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the panies hereto may execute this Agreement by singing any such counterpart. 20. The follo\\ ing paragraph is appended to the Rene\\al Agreement and incorporated into the original agreement as paragraph 46. 46. Mutual Re\'ie\\. This agreement has been carefully reviewed by Lessor and Lessee. therefore this agreement is not to be construed against either party on the basis of authorship, 21. Except as set forth in paragraphs one (I) through twenty (20) of this Renewal Agreement. in all other respects, the tel11ls and conditions of the original agreement remain in full force and effect. IN WITNESS WHEREOf, each party has caused this Agreement to be executcd by its duly authorized representative. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor George Neugent Date (~AoCr (}€6atlMt &t--fT~ \- lr(.~ ~ X \ "v"-- ORION BANK. Witnesses .J Il'-NN L... ~II)L Ry ~LJ6FP.-,e . ~ Title ~s:-1lk--tcAvJ~w-f,. ~t1 Date ~ ~ zq-.(}<=t This doc/" nt was prepa , d ~,d appror~d as to form by: -(,-,[I,j~ ~1--L~~UL_/~ Pedro J. Mercado (I I Assist ounty Morney · I ~ I~t Florida Bar No.: 0684050 P.O. Box 1026 Key West, FL 33041-1026 (305) 292-3470 ';ORD11O CERTIFICATE OF LIABILITY INSURANCE " f\ ! ,J ',.: "F.I' 5 19 2009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. nus CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER lHE COVERAGE AFFORDED BY THE POLICIES BELOW. I ~!!!SURERS AFFC?~DING COVERAGE___ ____ -1~AI~~__ ~~~R.RA: Fidelity ~_ Deposit comp~ni~~__~____ ~~.R B Zur_i CQJ.I~L____-_~------t-- IINSURe~c~.1J,.J][~rican Guarantee & LiabUit_ ____~___ I INSURER D ---,,--~-~-,,----_._~-- ,UCER Phone, 239-262-7171 tgert Insurance Naples J Box 112 50 0 iaples FL 34108 Fax; 239-262-5360 i I INSURED Orion Bank 2150 Goodlette Rd N Naples FL 34102 ; ! INSURER E COVERAGES ~HE POLICIES OF IN~URANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. ~OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 3B ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE T'ERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. A~R~~ATE_LIMITS SHOWN MAY HAVE BE~ REDUCED BY PAlD CLAIMS. iiiAR'iiD'l POLICY NUMBER -PoLICY EFFECTIVE POLICY EXPIRATION - - - - - LllIrrs - --~ A ~NEflIIt,L LIABILITY FIAOOO1724 9/19/2008 9/19/2009 EACH OCCURRENCE $ 1 000 000 - 3MMERCIAl. GENERAL LIA81UlY PREMISES Ea ocwrence] 151 000 000 f-- CLAIMS MADE Ii:] OCCUR MED EXP (Anv one pe,""n) SIO 000 f-- PERSONAL & ADV INJURY $ 1 000 000 f--- GENERAL-AGGREGATE $2,000,000 ~rAGG~nE UMIl APnPER; PRODUCTS - COMP/OP AGO $2 000 000 X POUCY ~~g LOC C ~OUOBllE ll....'LfTY BAP967435305 9/18/2008 9/18/2009 COMBINED SINGLE LIMIT 1L ANY AUTO (Esacxidont) 51,000,000 ~ ALL OWNED AUTOS . ~_ i(~ ~ BOOL Y INJURY (Po, !>enlOn) $ SCHEDULED AUTOS - ~ --- - HIREDAUTD5 BOOIL Y INJURY $ NoN-O'IIINED AUTOS (Per accident) - 1 PROPERrY DAMAGE S (Po, occidont) ~flIIt,Ge LIABILITY "i- AUTO ONLY . EAACCIDENT S ANY AUTO OTHER THAN EAACC S AUTOONL Y; AGG $ B pESSIUMBRELLA LIABILITY UMBS08619301 9/18/2008 9/18/2009 EACH OCCURRENCE $10 QiliLJ1lliL OCCUR [i] CLAIMS MADE AGGREGATE $ lQ..J)~ 000 $ 8 ~EDucmlE $ X RETENTION SO S B WORKERS COMPENSATION AND WCPOOO3992 9/18/2008 9/18/2009 X TT~~1I~~ IOTH- ER EMPLO'I'ERS" llABIUTY E.L EACH ACCIDENT mY PROPRlETORIPARTNER/EXECUTfVE II;. J ( ) $500 000 - - OFFICER/MEMBER EXa.UDED? E.L DISEASE. EA EMPlOYEE S 500 000 ~~c~~~"l"cIt.s bek>w I.",~ , E.L DISEASE . POLICY LIMIT $500 000 OTHER l) " I. V ~Jl D /'1 1.- :. .' ! .- DESCRIPTION OF OPEflIIt, TIONS I LOCATIONS I VEHICLES I EXCllJSIONS ADDED BY ENDORSEMENT J SkOAL PROVISIONS ertificate Holder is included as Additional Insured with respect to the U. II! i i,1 , Named Insured's operations IBank ATM Machine located at 400 Duval SL, Key ;, :1 '. ~e6L, FL and ATM Machine located at Key West Airport) l~~ nl~~'_ , )A I i.' iFi ,. . , I , Monroe County Board of County Commissioners Monroe County Risk Management PO Box 1026 Key West FL 33041-1026 CANCEL LA TION SHOULD ANY OF ~HE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIrtATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR 70 MAIL 10 DAYS WRITTEN ND':'ICE TO THE CERTIFIC~TE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. CERTIFICATE HOLDER AllTHORIZED REPRESENTATlV~..... ACORD 25 (2001108) AUTOMATED TELLER MACHINE AGREEMENT Key West International Airport , 7 '-'I, .1" I ~/ tt j " I ' ,I THIS AGREEMENT is made and entered into on the / day of 'I I /~ /:-( /; , 2004, by and between MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "Lessor," and ORION BANK, a national chartered, locally owned, independent bank, hereinafter referred to as "Lessee"; WHEREAS, Lessor desires to grant to Lessee a right to maintain and operate an automated teller machine at the Key West International Airport at Key West, Florida, hereinafter referred to as "Airport": and WHEREAS, Lessor and Lessee desire, in connection with said operations, to provide for the leasing by Lessor to Lessee of certain space in the Terminal at the Airport; now, therefore IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter contained. the parties hereto do hereby agree as follows: 1. Premises - Lessor hereby leases to Lessee for its exclusive use to install, maintain and operate an automated teller machine space designated "ATM" in Exhibit A, attached hereto and incorporated herein, located in the airline terminal at Key West, Monroe County, Florida, said space as designated in Exhibit A. 2. Term - This agreem~nt is for a term of five (5) years, commencing on .' / /3 , 2004, and expiring on II ) ~/ 0 Cf , with an option to renew for one five-year term. If the five year option is exercised, then in each year of that option (including the initial year) the annual rent will be adjusted in accordance with 3. Rental and Fees - Lessee. for and during the term hereof, shall pay to Lessor occupancy of said premises a monthly sum of $625.00, plus applicable tax to be paid on or before the first day of each month, subject to CPI adjustment for the second through fifth years as follows: The annual adjustment shall be made in accordance with percentage change in the Consumer Price Index (CPI) for all urban consumers (CPI-U) for most recent 12 months available and shall be based upon the annual average - CPI computation from January 1 through December 31 of the previous year. 4. Accountinq Procedures - Lessee agrees that it will make available to Monroe County, a full and complete book of accounts and other records pertaining to the leased space, improvements thereon and the rental payments. The records shall not include any records of any financial transactions actually conducted at the ATM. The County, acting through its Finance Director or other authorized representative, shall, upon reasonable notice, have the right to inspect and audit said records. 5. Eauioment - Lessee shall install, maintain and operate on the premises the Diebold model 1071ix through the wall walkup unit ATM or an ATr-.1 of equivalent characteristics including but not limited to a rear load lobby cash dispenser ATfV1 configuration, 8 Braille operation keys and 11 key Braille keypad, 2 denomination multi-media dispenser with presenter, basic alarm sensors, enhanced brightness CRT, and side module with fire resistant \'vaste receptacle and brochure pockets. This equipment shall be and remains the property of Lessee and shall be removed at the end of lease term. Lessee shall furnish, install and maintain the data communications line, bearing all costs associated with data communication installation, terminal setup, ongoing terminal administration fees and ongoing modem charges. Lessee may place signage on the ATM equipment or surrounding areas, such as overhead or directional signage with the approval of the Airport Director. Lessee has the right during the term hereof, at its own expense, at any time to install, maintain, operate, repair and replace said equipment in connection with its operation at the Airport, all of which shall be and remain the property of Lessee and shall be removed by Lessee prior to or within a reasonable time after expiration of the term of this agreement: provided, however, that Lessee shall repair any damage to the premises caused by such removal. The failure to remove equipment or other personal property shall not constitute Lessee a hold-over, but Lessee shall pay Lessor for any costs of removal and storage if the property is not removed by Lessee within ten (10) days after Lessee receives a written demand for such removal. The removal and storage costs shall be paid to Lessor before Lessee can obtain the equipment. 6. Damage and Injury - Lessee covenants that it and all of its agents, servants, employees, and independent contractors will use due care and diligence in all of its activities a nd operations at the Airport and shall repay or be responsible to Monroe County for all damages to the property of the County which may be caused by an act or omission on the part of the Lessee, its agents, servants, or employees. Except to the extent that such damage to the property is covered by insurance required to be provided by the Lessee under any provision hereof, or is provided by Monroe County (except subrogation rights of the County's carrier), Lessee shall pay, on behalf of the County, all sums which the County shall become obligated to pay by reason of the liability, if any, imposed by law upon the County for damages because of bodily injury, including damages for care and loss of service, including death at any time resulting from bodily injury and because of injury t%r destruction of property, including the loss or use thereof which may be caused by or result from any of the activities, omission, or operations of the Lessee, its agents, servants, or employees at the Airport. 7. Other Develooment of Airoort - Monroe County reserves the right to further develop or improve the landing area of the Airport as its sees fit, regardless of the desires or views of the Lessee, and without interference or hindrance; provided, however, that in no event can the County deprive the Lessee of reasonable and direct routes of ingress and egress to the premises. 8. Terminal Area Planninq - Lessee acknowledges that Monroe County has Master Plans including terminal area revisions. Lessee hereby agrees to cooperate to the fullest with the County, especially in those areas of terminal improvements which may at some time cause relocation of ATM. Relocation shall be made to a new location only by mutual agreement. If parties cannot agree upon a new location, this Lease may be terminated by mutual accord. 9. Lessee/s Obligations - Lessee covenants and agrees: (a) to pay the rent and other charges herein reserved at such times as the same are payabl e, with rental payments to be made by check payable to "Airport Operation and Maintenance Fund" and mailed to Airport Business Office, 3491 S Roosevelt Blvd., Key West, FL 33040; 2 (b) to make no alterations, additions or improvements to the demised premises without the prior written consent of Lessor, which consent shall be not be unreasonably withheld; (c) to keep and maintain the demised premises in good condition, order and repair during the term of this agreement, and to surrender the same upon the expiration of the term in the condition in which they are required to be kept, reasonable wear and tear and damage by casualty, not caused by Lessee's negligence, riot and civil commotion, excepted; (d) to observe and comply with any and all requirements of the constituted public authorities and with all federal, state or local statutes, ordinances, regulations, and standards applicable to Lessee or its use of the demised premises, including, but not limited to, rules and regulations promulgated from time to time by or at the direction of Lessor for administration of the Airport; (e) to carry fire and extended coverqge insurance, if obtainable, on all fixed improvements erected by Lessee on the demised premises to the full insurable value hereof, it being understood and agreed that for purposes hereof the term "full insurable value" shall be deemed to be that amount for which a prudent owner in like circumstances would insure similar property, but in no event an amount in excess of Lessee's original cost of constructing said fixed improvements; (f) to control the conduct, manner and appearance of its officers, agents, and employees, and any objection from the Director of Airports concerning the conduct, manner or appearance of such persons, Lessee shall forthwith take steps necessary to remove the cause of the objection: and (g) to erect signage only on the ATM unit or surrounding areas, such as overhead or directional signs, with the approval of the Airport Director, and to maintain any such signage in good condition. 10. Lessor's Inspection and Maintenance - Lessor and its authorized officers, employees, agents, contractors, subcontractors and other representatives shall have the right to enter upon the demised premises for the following purposes: (a) to inspect the demised 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; or (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 demised premises, and to construct, maintain, repair, relocate and remove such facilities in the future if necessary to carry out the Master Plan of development of the Airport; provided, however, that said work shall in no event disrupt or unduly interfere with the operations of Lessee, that five days prior notice shall be given to Lessee of said work except in an emergency, and provided further, that the entire cost of such work, including but not limited to the cost of rebuilding, removing, relocating, protecting or otherwise modifying any fixed improvements at any time erectea or installed in or upon the demised premises by Lessor, Lessee or third parties, as a result of the exercise by Lessor of its 3 rights hereunder, and the repair of all damage to such fixed improvements caused thereby, shall be borne solely by Lessor. (c) to include Lessee's ATM unit in any directory installed at the Airport; (d) to abate rent for any periods during which Lessee cannot be open for business due to any failure of Lessor to perform its obligations under this agreement. 11. Indemnification - Lessee shall indemnify and hold Lessor forever harmless from and against all liability imposed upon Lessor by reason of legal liability for injuries to persons, or wrongful death, and damages to property caused by Lessee's operations or activities on such premises or elsewhere at the Airport, provided that Lessor shall give Lessee prompt and timely notice of, any claim made against Lessor- which may result in a judgment against Lessor because of such injury or damage and promptly deliver to Lessee any papers, notices, documents, summonses, or other legal process whatsoever served upon Lessor or its agents, and provided further that Lessee and its insurer, or either of them. shall have the right to investigate, compromise, or defend all claims, actions, suits and proceedings to the extent of Lessee's interest therein;' and in connection therewith, the parties hereto agree to faithfully cooperate with each other and with Lessee's insurer or agents in any said action. 12. Liabilitv Insurance -The Lessee agrees to indemnify and hold the Monroe County free and harmless from any and all claims, suits, loss or damage, or injury to persons or property of whatsoever kind and nature in its operation, installation and maintenance of th is equipment. The Lessee shall procure and maintain insurance of the types set forth in Exhibit B, a copy of which is attached and made a part of this agreement. If the initial insurance expires prior to the completion of this agreement, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. 13. Non-Discrimination - Lessee shall furnish all services authorized under this agreement on a fair, equal and non-discriminatory basis to all persons or users thereof, charging fair, reasonable, and non-discriminatory prices for all items and services which it is permitted to sell or render under this agreement. Lessee shall not discriminate in its employment practices against any person on the basis of race, sex, creed, color, national origin, age or any other characteristic or aspect which is not job related. 14. Rules and Regulations - Lessee agrees to observe and obey, during the term of this agreement, all laws, ordinances, rules and regulations promulgated and enforced by the County and by any other proper authority having jurisdiction over the conduct of the operations at the Airport. Within thirty (30) days from the date of this contract, the County shall provide Lessee a written list of all rules and regulations which it has promulgated up until that time and which will affect the Lessee's operations hereunder. In the event new rules and regulations are contemplated, written notice of same shall be furnished to Lessee, and Lessee will be given thirty (30) days to comply. In the event that Lessee should determine that any contemplated rule or regulation unreasonably hinders -him in his operation under this agreement, the Lessee shall so notify the County, and the parties hereto agree that any problem arising incidental thereto willi as much as possible, be worked out between the parties without the necessity to resort to further legal remedies. 15. Furnishinq of Service - The Lessee further covenants and agrees that he will, at all times during the continuance of the term hereby demised and any renewal or extension 4 thereof, conduct, operate, and maintain for the use of the public, the Automated Teller Machine provided for and described herein, and all aspects and parts and services thereof as hereinabove defined and set forth, and will make all such facilities and services available to the public and that he will devote his best efforts for the accomplishment of such purposes. 16. United States' Requirements - This lease shall be subject and subordinate to the provisions of any existing or future agreement between the Lessor and the United States relative to the operation or maintenance of the Airport, and execution of which has been or may be required by the provision of the Federal Airport Act of 1946, as amended, or any future act affecting the operation or maintenance of the Airport, provided, however, that Lessor shall, to the extent permitted by law, use its best efforts to cause any such agreement to include provisions protecting and preserving the rights of Lessee in and to the demised premises and improvements thereon. and to compensation for the taking thereof, and payment for interference therewith and for damage thereto, caused by such agreement or by actions of the Lessor or the United States pursuant thereto. 17. Lessor's Covenants - The Lessor covenants and agrees that: (a) Lessor is the lawful owner of the property demised hereby, that it has lawful possession thereof, and has good and lawful authority to execute this Lease; and (b) throughout the term hereof Lessee shall have, hold and enjoy quiet, peaceful and uninterrupted possession of the premises and fights herein leased and granted, subject to performance by Lessee of its obligations herein. 18. Cancellation by Lessor - If any of the following events occur, the Lessee shall be deemed to be in default of its obligations under the agreement, in which case Monroe County shall give the Lessee notice in writing to cure such default within thirty (30) days, or the lease will be automatically canceled at the end of that time and such cancellation will be without forfeiture, waiver, or release of the County's right to any such of money due pursuant to this agreement for the full term hereof: (a) if Lessee shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking its reorganization or the readjustment of its indebtedness under the Federal Bankruptcy Laws of any other similar law or statute of the United States or any state, or government, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of the property of Lessee; (b) if any order or decree of a court of competent jurisdiction Lessee shall be adjudged bankrupt or an order shall be made approving a petition seeking its reorganization, or the readjustment of its indebtedness under the Federal Bankruptcy Laws of any law or statute of the United States or any state, territory, or possession thereof or under the law of any other state, nation, or government, provided, that if such judgment. or order be stayed or vacated within ninety (90) days after the entry thereof, any notice of cancellation given shall be and become void and of no effect; (c) if by or pursuant to any order or decree of any court or governmental authority, board, agency or officer having jurisdiction, a receiver, trustee or liquidator shall take possession or control of all or substantially all of the property of Lessee for the benef1:: 5 of creditors, provided, that if such order or decree be stayed or vacated within sixty (60) days after the entry thereof or during such longer period in which Lessee diligently and in good faith contests the same, any notice of cancellation shall be and will become null, void and of no effect; (d) if Lessee fails to pay the rental charges or other money payments required by this instrument and such failure shall not be remedied within thirty (30) days following receipt by Lessee of written demand from Lessor to do so; (e) if Lessee defaults in fulfilling any of the terms, covenants, or conditions required of it hereunder and fails to remedy said default within thirty (30) days following receipt by Lessee of written demand from Lessor to do so, or if, by reason of the nature of such defa ult, the sar;ne cannot be remedied within thirty (30) days following receipt by Lessee of written demand from Lessor to do so, then, if Lessee shall have failed to commence the remedying of such default within thirty (30) days following such written notice, or having so commenced, shall fail thereafter to continue with diligence the curing thereof: (f) if the Lessee shall desert or abandon the premises for seven (7) consecutive calendar days; (g) if the ATM of the Lessee hereunder shall be transferred, subleased, or assigned in any manner except in the manner as herein permitted; (h) if the Lessee shall fail to pay any validly imposed tax; assessments; utility rent, rate or charge: or other governmental imposition; or any other charge or lien against the premises leased hereunder within any grace period allowed by law, or by the governmental authority imposing the same, during which payment is permitted without penalty or interest; in complying with this subparagraph the Lessee does not waive his right to protest such tax, assessment, rent, rate or charge; or (i) if the Lessee fails to provide service as required by specifications for five days during any thirty day period, unless such failure is caused by the Lessor's failure to fulfill its lease obligations war, an act of God, national emergency or a labor strike of which the Lessee has given the County immediate notice, the lease may be canceled within thirty (30) days of the giving of notice by the County and the Lessee shall not be permitted to cure such default. 19. Additional Remedies - In the event of a breach or a threatened breach by Lessee of any of the agreements, terms, covenants and conditions hereof, the County shall have the right of injunction to restrain said breach and to invoke any remedy allowed by law or equity, as if specific remedies, indemnity or reimbursement were not herein provided. The rights and remedies given to Monroe County are distinct, separate and cumulative, and no one of them, whether or not exercised by the County, shall be deemed to be in exclusion of any of the others herein or by law or in equity provided. No receipt of monies by Monroe County from Lessee after the cancellation or termination hereof shall reinstate, continue or extend the term, or affect any notice previously given to Lessee, or operate as a waiver of the right of the County to enforce the payment of rentals and other charges then due or thereafter falling due, or operate as a waiver of the right of the County to recover possession of the premises by suit or otherwise. It is agreed that, after the service of notice to cancel or terminate as herein provided, or after the commencement of any 6 proceeding, or after a final order for possession of the premises, the County may demand and collect any monies due, or thereafter falling due, without in any manner affecting such notice, proceeding, or order, and any and all such monies and occupation of the premises, or at the election of the County on account of Lessee's liability hereunder. The parties agree that any litigation arising out of the agreement shall be brought in Monroe County, Florida, and determined under the laws of the State of Florida. The prevailing party shall be entitled to any reasonable attorney's fees incurred in the enforcement of the agreement, regardless of whether or not a lawsuit is filed, including but not limited to all costs and attorney's fees incurred in collecting, trial, ba nkruptcy or reorganization proceedings or appeal of any matter hereunder and all costs, charges and expenses incurred herein. 20. Cancellation by Lessee - Lessee shall have the right upon written notice to Lessor, to cancel this agreement in its entirety upon or after the happening of one or more of the following events, if said event or events is then continuing: (a) the issuance by any court of apparent competent jurisdiction of an injunction, order, or decree preventing or restraining the use by Lessee of all or any substantial part of the demised premises or preventing or restrain ing the use of the Airport for usual airport purposes in its entirety, or the use of any part thereof which may be used by Lessee and which is necessary for Lessee's operations on the Airport, which remains in force unvacated or unstayed for a period of at least one hundred twenty (I 20) days; (b) the default of Lessor in the performance of any of the terms, covenants or conditions required of it under this instrument and the failure of Lessor to cure such default within a period of thirty (30) days following receipt of written demand from Lessee to do so, except that if by reason of the nature of such default, the same cannot be cured within said thirty (30) days, then Lessee shall have the right to cancel if Lessor shall have failed to commence to remedy such default within said thirty (30) days following receipt of such written demand, or having 50 commenced, shall fail thereafter to continue with diligence the curing thereof: (c) the inability of Lessee to conduct its business at the Airport in substantially the same manner and to the same extent as theretofore conducted, for a period of at least ninety (90) days, because of (i) any law, (ii) any rule, order, judgment, decree, regulation, or other action or non-action of any Governmental authority, board, agency or officer having jurisdiction thereof; (d) if the fixed improvements placed upon the demised premises are totally destroyed or so extensively damaged that it would be impracticable or uneconomical to restore the some to their previous condition as. to which Lessee is the sole judge. In any such case, the proceeds of insurance, if any, payable by reason of such loss shall be apportioned between Lessor and Lessee, Lessor receiving the same proportion of such proceeds as the then expired portion of the lease term bears to the full term hereby granted, and Lessee receiving the balance thereof. If the damage results from an insurable cause and is only partial and such that the said fixed improvements can be restored to their prior condition within a reasonable time, then Lessee shall restore the same with reasonable promptness, and shall be entitled to receive and apply the proceeds or any insurance covering such loss to said restoration, in which event this agreement shall not be canceled but shall continue in full force and effect, and in such case any excess thereof shall belong to Lessee; 7 (e) in the event of destruction of all or a material portion of the Airport or the Airport facilities, or in the event that any agency or instrumentality of the United States Government, or any state or local government occupies the Airport or a substantial part thereof, or in the event of military mobilization or public emergency wherein there is a curtailment, either by executive decree or legislative action, of normal civilian traffic at the Airport or the use of motor vehicles or airplanes by the general public, or a limitation of the supply of automobiles or of automobile fuel, supplies, or parts for general public use, and any of said events results in material interference with Lessee's normal business operations continuing for a period in excess of fifteen (15) days; (f) in the event that at any time prior to or during the term of this agreement, Lessee's presently existing right to operate an ATM at the Airport is withdrawn, canceled, terminated, or not renewed by Lessor: (g) the taking of the whole or any part of the demised premises by the exercise of any right of condemnation or eminent domain; (h) if at any time during the basic term or option term of this lease a majority of the scheduled air transportation serving the local area no longer operates from the Airport: or (i) if at any time during the basic term hereof or the option periods, the Airport or terminal building is removed to a place more than three (3) road miles in distance from its present location. 21. Lessee's Reserved Rights - Nothing contained in this Agreement shall limit or restrict in any way such lawful rights as Lessee may have now or in the future to maintain claims against the federal, state, or municipal government, or any department or agency thereof, or against any interstate body, commission or authority, or other public or private body exercising governmental powers, for damages or compensation by reason of the taking or occupation, by condemnation or otherwise, of all or a substantial part of the demised premises, including fixed improvements thereon, or of all or a material part of the Airport with adverse effects upon Lessee's use and enjoyment of the demised premises for the purposes hereinabove set forth; and Lessor hereby agrees to cooperate with Lessee in maintenance of any just claim of said nature, and to refrain from hindering, opposing, or obstructing the maintenance thereby by Lessee. 22. Assignment and Subletting - Lessee shall not assign or sublet this agreement without prior written consent of Lessor, nor permit any transfer by operation of law of Lessee's interest created hereby, other than by merger or consolidation. 23. Other Use - Lessee shall not use or permit the use of the demised premises or any part thereof for any purpose or use other than an authorized by this agreement. 24. Liens - 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 su bcontractors upon the demised premises or arising out of 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. 25. Time - In computing Lessee's term within which to commence construction of any 8 Axed improvements or to cure any default as required by this Lease, there shall be excluded all delays due to strikes, lockouts, acts of God and the public enemy, or by order or direction or other interference by any municipal, State, Federal or other governmental department, board, or commission having jurisdiction, or other causes beyond Lessee's control. 26. Paraqraoh Headings - Paragraph headings herein are intended only to assist in reading identification and are not in limitation or enlargement of the content of any paragraph. 27. Notices - Any notice of other communication from either party to the other pursuant to this agreement is sufficiently given or communicated if sent by registered mail, with proper postage and registration fees prepaid, addressed to the party for whom intended, at the following addresses or to such other address as the party being given such notice shall from time to time designate to the other by notice given in accordance herewith. For Lessor Airport Director Key West International Airport 3491 S. Roosevelt Blvd. Key West, FL 33040 For Lessee Orion Bank 12640 Overseas Highway Marathon, FL 33050 28. Final Understanding - The parties agree that this lease agreement supersedes and replaces the agreement dated January 13, 1999 between Lessor and Lessee's predecessor bank, First National Bank of the Florida Keys, A copy of the January 13, 1999 agreement is attached to this lease as Exhibit C and made a part of it. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK /~~f f . . I ' By. 1 . ,,~.......~..-r....-........I----' ,? Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA .:h~, A"" /; I I _ ,.- .,...../,.(/ ::- (/~/('.r:--~,u....l_~ "_..J . ~:.:::....,_~~ / i'" / . .... \ "",,-- By \/ Mayor/Chairperson ( S EA L) ,4 TTEST: ORION BANK try ;?I P-- vl~' ~ A-,~>'?~r . jalratm By Title . If/-" t /1""0 i\10,~'~P,C<= ~~~_,,\T~ '-7: ~~~EY C'O-" " '~,- :-\' "-; .....,;:)~.~. -- '., . _" ..'- V J L,' -, ,,/i'/ ~.c.~J .~~;<_/} S~'::.c.\;'::: " ~;, --:,., :..-// "'" .:::',::7' '..- "1 ~~. ",.--);1\::',' )a'; :J-I/X 10 77 --,- 9 NON-COLLUSION AFFIDAVIT ~ (' 'f t -:S-. R \ I \ \ \ d> M. J of the city N CtF- according to law on my oath, and under penalty of per jur-y, depose and say that; !, of 1) Iam C~O ~ ~, Proposal for the project described follows: ~ , the bidder making the ~uJ~ \j lL.-~ A\~ 2) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the h of the statements contained in this affidavit in awarding contrac!s for said project. COUNTY OF Ccl\l~ pJ~ Bidde,) ~ ' I :7 L! [!!J~/ f , DATE () STATE OF f:1crlk PERSONALLY APPEARED BEFORE ME, the undersigned authority, :::BrY-~ ::1. \.0; \~~S .ho. oft.. fi,,' be". ,...., by mo. signing) a ixed his/her signature in the space provided above on thIS :3 ci day of karch , 200t- ~~!~ ~- ...:::;.::.:~?~~.~.'=-'~-'=-c~---'''f ..:...... ...."._'-_...'\~.Jc .} I (~~;f: _~~_ .... ;~J (name of individual My commission expires: OMS - MCP FORM #1 LOBBYI::\'G A1'\1) CONFLICT OF INTEREST CLAUSE SWOR'\' STATEMENT UNDER ORDINANCE NO. 010-1990 :vIO:\'ROE COUNTY. FLORIDA ETHICS CLAUSE ~ 'f'( Y \S' W, If, Q.I\.M.5 \varrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of SectIOn 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or ...iolation of this pro...ision the County may, in its discretion. terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the fu1l amount of any fee, commission, percentage, gift. or consideration paid to the former County officer or employee. tsro Date: (signature) 3/:3' h?L ' I , STATE OF Mar \clcv COUNTY OF CdtlOr PERSONALL Y APPEARED BEFORE ME, the undersigned authority, ~y~ 3", Wi 1\; ctrY1 s. who. afle, ficsl be;ng sworn by me, af~d h;"oe, signature (name of individual signIng) in the space prO\ ided above on this ~~ day of kctrch NOTlu\ Y PlJ13LIC 1\1y commission expires: O?\fB - :\1CP FOR\1 ==4 ~~~;...'...~,__J~,~~~~_~ t'~":'~ _~=~~~~;;==-~~ DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby cenifies that: Dr I 0 oJ (Name of Business) ~~ 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitatio~ and employee assistance programs, and the penalties tbat may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsectioD (I). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program ifsuch is available in the employee's community, or any employee wbo is so convicted. 6. ~ake a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this fIrm complies fully with the above requirements. Bid hI " . pve- CtY~ / Date O\1B - \lCP#5 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY T\VO for a period of 36 months from the date of being placed on the convicted vendor list." By: ttlo EXHIBIT 'A' ATM i I I I I I I -) I (b I I ~ I I ~ I I )> I r I ~ I I I c::. A I ~ I 0- I - I ~ I 19 I I I I I I I I I I I ~ I 0 I '" I " I co S2 \" ~2 I ;~ JO I - .~ .~ I . ~ ~= I ~ ~ ~ lf) fTl , n c '" --1 -c: I CD n~ ,-" ~" -~ ;::" fTl I i~ I .... , , - n l> Z o 1) ~ I I 1-- ") r p " o '" 1) ~ ::0 .... C :u '" ,- o c z Cl fTl ~ j I ~ I . i ~ '1 i , . ~ I i J~-:-~-~~-~~~ ~:j L~- 00000 ~ Q r () OJ 0 fT1 0 )> rr1 ;0 :;u C) ""0 n Z G") )> C c fT1 () G") Z Z IT1 )> ;0 ,..., r Ul G") -l )> CJ ~ f'T1 C (f) =:J :;u ""0 0 0 () rr1 )> Z Z r 0 (/) ~ r f'T1 0 :s:: c z C) rr1 0001 AI (/) ;0 Ul rr1 rr1 IT1 rr1 )> Z 0 (f) ;d :::f -l C Z )> ::0 0 r. -l 0 G") n -< 3: )> )> (/) AI AI rr1 tn )> Ul \ ~, EXHIBIT 'B' . INSURANCE ---------------- '996 EdillOn WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In additio~ the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program If the Contractor participates in a self-insurance fund, a Certilicate ofInsurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. wel Adminismuion Instruction #4709.5 87 1996 Edition VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the }York governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Irnurance. Coverage shall be maintained throughout the life of the contract and include, as a minimlI111, liability coverage for: . Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfY the above requirements. VL3 Administrmi on instruction #4709.5 82 1996 Edlllon GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expanded Definition of Property Damage The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $ 1,000,000 per Occurrence $ 100,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfY the above requirements. GL3 Administration lnstrJction #4709.5 55