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02/21/2001 Agrement AGREEMENT FOR AIR TRAFFIC CONTROL SERVICES AT KEY WEST ATCT, KEY WEST, FLORIDA BETWEEN COUNTY OF MONROE AND ROBINSON-VAN VUREN ASSOCIATES, INC. This Agreement, is hereby made and entered into this 2-/~ay of February, 2001 by and between THE COUNTY OF MONROE having offices located at 3491 S. Roosevelt Blvd., Key West, FL 33040, hereinafter referred to as MONROE and ROBINSON-VAN VUREN ASSOCIATES, INC. having offices located at 3000 United Founders Blvd., Ste. 240, Oklahoma City, OK 73112, hereinafter referred to as RVA. WIT N E SSE T H: WHEREAS, RVA has entered into an agreement with the Federal Aviation Administration ("FAA"), Contract No. DTFA01-00-C-00075, regarding the operation of the Key West, FL Air Traffic Control Tower and oversight of the operation of the ATCT program; and, WHEREAS, MONROE desires to have air traffic control services provided for the Airport from 0600 - 0700 and from 2100 - 2400 daily and, therefore, believes RVA should provide these services by expanding the hours of operation of Key West ATCT for the stated period. NOW, THEREFORE, both parties, in consideration of the covenants and agreements of the respective parties herein contained, hereby agree as follows: 1. The term of this Agreement shall be on a monthly basis commencing on March 6, 2001 and continuing on a monthly basis thereafter, until terminated in accordance with provisions herein; 2. Notwithstanding any other provision hereof, this Agreement may be terminated by either RVA or MONROE in the event of any of the following: A) The FAA terminates its contract with RVA for the operation of the A TCT at the Airport then MONROE will, upon thirty (30) days notice to Contractor, concurrently terminate this Agreement. B) The FAA assumes responsibility for expanded service beyond its current scheduled hours of operation (0700 -2100), this agreement may be terminated by MONROE upon thirty (30) days written notice to RVA. C) For MONROE's or RV A's convenience, upon thirty (30) days notice to the other party, either party determines that it no longer desires to have or provide expanded air traffic control services and/or funding is not available. 3. RV A shall assure that the A TCT at the Airport is operated as a VFR Airport Traffic Control Tower in compliance with Federal Aviation Regulations Part 65, FAA Order721 0.3 entitled "Facility Operations and Administration", FAA Order 7110.65 entitled "Air Traffic Control" and all amendments thereto and other applicable rules and regulations, to provide safe, orderly and expeditious movement of air traffic in the vicinity of and on the movement area of the Key West Airport; 4. MONROE shall pay RVA $9,000 per month for air traffic control services. Invoices will be presented to MONROE at the end of the month services are rendered. Payment shall be made within fifteen (15) days of invoice. 5. In the event services are required past midnight to accommodate late- flying aircraft, MONROE agrees to pay RVA $75 per hour in additional to the standard monthly fee. RV A has the right to refuse to provide services beyond midnight if the controller on duty will exceed the number of consecutive "hours of duty time" allowed by Federal Aviation Regulations Part 65. 6. Checks shall be made payable to Robinson-Van Vuren Associates, Inc. and shall be mailed to: Robinson-Van Vuren Associates, Inc. 3000 United Founders Blvd., Ste. 240 Oklahoma City, OK 73112 ATTN: Keren Williams McLendon 7. RVA shall comply with all applicable Federal, State and municipal regulations and laws and require its officers, agents, employees, and subcontractors to observe and obey the same. 8. Unless with the prior written consent of MONROE, RVA shall not have the right to assign or subcontract any of RVA's rights or obligations under this Agreement. 9. All notices, consents, demands, approvals and requests (hereinafter "Notices") which are required or permitted to be given by either party to the other pursuant to any provision of this Agreement shall be in writing. All such notices shall be sent by United States Certified or Registered mail, return receipt requested, postage prepaid or by overnight courier and shall be addressed to the recipient's notice address as follows (or to such other address as either party may designate from time to time by written notice to the other): MONROE: County of Monroe ATTN: Mr. Peter J. Horton Airport Manager 3491 S. Roosevelt Blvd. Key West, FL 33040 RV A: Robinson-Van Vuren Associates, Inc. ATTN: Keren J. Williams McLendon 3000 United Founders Blvd., Ste. 240 Oklahoma City, OK 73112 Notices hereunder shall be deemed effective upon the day of delivery when delivered by overnight courier or registered or certified mail. 9. This Agreement shall be deemed to have been made in and shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties of these present have hereunto caused this agreement to be executed the day and year first above mentioned. ROBINSON-VAN VUREN AS OC INC. a~ ~MONROE ~.e f1::-<t--cJ-- 3-01-2001 12:19PM FROM KEY WEST INTL AIRPOR 305 292 3578 P.2 SWORN STATEMENT UNDER ORDINANCE NO. 10.1990 MONROE COUNTY, FLORIDA ETIlICS CLAUSE 1<.pb\ n~\^. - '\h..\.\... V LLV~ ~~~rrants 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 violation of this provision 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 full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Date: STATEOF~~~~ COUNlYOF Df~&-rYlCL; I PERSONALLY APPEARED BEFORE ME, the undersigned authority, 1(JL~'-- '-;ncJ.../l- --cJ2 ~ who, after first being sworn by me, affixed his/her signature (name of individual sigriing) in the space provided above on this / t:d:- day of lJ11tl--L~~ . , H:~ I , ~:fYf'i~fl?U;~- My commission expires: Y l,l ~ (XlI OMB . MCP FORM #4 r REr.~TJr-D .1. ~"~.,_' ." ;.--------, . I ' ,. -.1 I ~ I 'L-..__ ~ Gr. -"'- -". ... " .. ,)', ,:., ,.... ~. .', :",: ,,..., Ih 1;:)\ ..' ~ .. ~ t..,', \ ~"'--......... 2-~8-2001 12:51PM FROM KEY WEST INTL AIRPOR 305 292 3578 P.d '" ~ c "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 perfonn 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 TWO for a period of36 months from the date of being placed on the convicted'vendor list." PUBLIC ENTITY CRIME STATEMENT ~.. .. '"," !' , ,~. 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