10/27/1992 Agreement
iDannp I. }&olbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (3051 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST. FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
M~MQRA!i12!lM
TO:
Peter Horton, Director
Division of Community services
FROM:
Rosalie Connolly, Deputy Clerk
~
DATE:
November 19, 1992
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As you are aware, on October 27, 1992, the Board of county
Commissioners approved and authorized execution of a Management
Agreement with James C. Berry d/b/a Republic Parking System for
operation of parking lot at Key West International Report.
Attached is a duplicate original of the Management Agreement, now
fully executed and sealed by all parties, for your return to your
Operator.
cc: County Attorney
County Administrator w/o document
Risk Management Director w/o document
Finance Director
File
MANAGEMENT AGREEMENT
r-~LFr:
.- \ t : ~;' ,
'92 NO\! i Y 1\ 9 :53
THI.J,AyREEMENT is made and entered into this "'/#
day of ~...b.,.-' , 1992, by and between the Board of Courtty
Commissioners of Monroe County, Florida acting on behalf of Key ~R(;~ iliN '( tit,
International Airport, (hereinafter referred to as "Owner"), and James C.
Berry d/b/a Republic Parking System, having its office and principal place of
business at 1600 Republic Centre, Chattanooga, Tennessee 37450,
(hereinafter referred to as the "Operator").
WITNESSETH
WHEREAS, Owner owns and operates the Key West International
Airport (hereinafter referred to as the "Airport"); and
WHEREAS, Operator is engaged in the business of operating public
parking facilities; and
WHEREAS, Operator was selected to operate certain parking facilities
at the Airport; and
WHEREAS, Operator has indicated a willingness and demonstrated
the ability to properly operate and manage said Airport parking facilities in
accordance with the terms of this Agreement.
NOW, THEREFORE, in consideration of the premises and of the
mutual covenants herein contained, and for such other good and valuable
consideration, the receipt of which the parties hereby expressly acknowledge,
the parties hereto covenant and agree to the following terms and conditions.
I
ARTICLE I
TERM OF AGREEMENT
1.01 Term. The initial term of this Agreement shall be three (3)
years commencing on the 3rd day of November ,1992
(Commencement Date) and terminating at Midnight on the 31st day
of October 1995
1.02 Option. Provided Operator has fulfilled all conditions of this
Agreement, Operator shall have the option to renew this Agreement for a
single two (2) year option period beginning at the end of the initial term. In
the event Operator exercises its right to renew, it shall so notify Owner by
providing written notice to Owner not less than one hundred eighty (180) days
prior to the scheduled termination date of the initial term. Such notice shall
include any Operator requested modifications to terms and conditions, if any,
of this Management Agreement. Failure of the Owner to respond to the
Operator within sixty (60) days shall automatically constitute acceptance of the
renewal modifications.
ARTICLE II
FACILITIES AND OPERATIONS
2.01 Description of Privileges. Uses and Rights. Owner hereby
makes available to the Operator for management and operation:
All paid public vehicle parking facilities serving Key West International
Airport, located within the terminal building area, upon terms and conditions
hereinafter set forth.
Except as expressly set forth, nothing herein contained shall be
construed to grant to Operator the right to use any space or area improved
or unimproved which is exclusively leased to a third party, or which Owner has
not granted herein.
2.02 Description of Facilitie~. The Facilities shall encompass the
vehicle parking areas serving the main terminal, exit booths, control devices,
entrances, exits, and other improvements, including the Long Term and
Metered Parking Lots as more particularly described on Exhibit "A" dated
, attached hereto and made a part hereof.
In the event Owner, prior to termination of the Agreement or any
renewal thereof, shall vacate, move,_ re-establish, or materially alter the
entrance to the Terminal Building or Airport grounds, or take any other
action resulting in the necessity of a new parking lot and the relocation of
parking equipment and cashier booths, or should the Airport Terminal
Building or airport runways be relocated to an area other than immediately
adjacent to the now-existing Terminal Building resulting in the necessity of a
new parking lot area, then in such event, Owner shall provide Operator a
comparable parking facility with all parking equipment and cashier booths
relocated at no cost to Operator.
2.03 Improvements Installeq. Operator agrees to make the
improvements and installations as outlined on Exhibit "B" attached hereto.
This will include all installation of new equipment including but not limited to
automatic ticket dispensers, automatic gates, fee computer, control booth, and
parking meters. Title to any and all equipment and improvements as defined
in Exhibit "B" shall vest in Owner upon installation and completion. Operator
shall not pay any ad valorem taxes which may be addressed against the
demised premises or improvements thereon.
AR TICLE III
GROSS REVENUES AND REPORTS
3.01 General. Monies payable by Operator to Owner shall include
all parking fees inclusive of sales tax, if any. Dishonored checks, uncollectible
or uncollected fees and other bad debts shall not be included in Gross
Revenues, provided that such transactions were processed utilizing procedures
accepted and approved by the Owner. Monies which might be otherwise due
from stolen vehicles or vehicles abandoned in the Facilities shall not be
included in Gross Revenues, except to the extent monies are actually
collected. Operator may accept personal checks or credit cards for payment
under such terms and conditions as may be approved by Owner for handling
such payments.
3.02 Deposits. As soon as practical, but no later than the next
banking day following receipt of any Gross Revenues hereunder, the Operator
shall cause to have deposited said Gross Revenues in an account of and to the
credit of the Owner. It shall be considered that the Owner has come into
possession of the Gross Revenue only when the Owner has received the
duplicate deposit slip, properly certified by a cashier or officer of the
depository bank.
3.03 Reports. Operator shall provide Owner, in a form and detail
satisfactory to Owner, the following reports including but not necessarily
limited to:
A Daily report of Gross Revenues and the duplicate
deposit slip.
B. Monthly activity and Gross Revenue summaries.
3.04 Accounting Records. Operator shall keep, throughout the entire
term of this Agreement or any extension thereof, all books of account records
customarily used in this type of operation, and as from time to time may be
required by Owner. Such books of accounts and records shall be retained and
available for such period of time as provided herein unless otherwise approved
by the Owner. The Owner, at all times, throughout the term of this
Agreement or any extension tbereof, shall have the right to audit and examine
during normal working hams all such records and books of account relating
to the Operator's operation hereunder, provided that the Operator shall not
be required to retain such books of account and records for more than one
(1) year after the end of each year of this Agreement.
3.05 Budget. Operator shall prepare and submit to the Owner for
review and approval an overall annual operating budget, listing all anticipated
reimbursable costs required for the first year. Thereafter, annually, no later
than 30 days prior to each year of the Agreement, Operator shall submit a
new annual operating budget for review and approval by the Owner. The
approved annual operating budget may be increased or decreased by the
Owner from time to time, but only if and to the extent that the Owner, in its
reasonable discretion, deems such revisions necessary and appropriate under
this Agreement.
The costs of bonds and insurance, specifically required pursuant to this
Agreement, and any expense for deductible loss sustained by the Operator
where such insurance policy includes a deductible limit approved by the
Owner are reimbursable. The Owner shall approve all of the expenses
contained in the budget. Only expenses approved by the Owner as set forth
in the budget approved by the Owner, may be reimbursed to the Operator by
the Owner.
Notwithstanding the foregoing, unless Operator is notified in writing by
the Owner that the operating expense associated with the purchase or
performance of certain goods or services will be incurred by the Owner, all
operating expenses shall be reimbursed by Owner to Operator at Operator's
cost, plus sales tax, if any, in accordance with Article 4.02 herein below.
ARTICLE IV
REIM&URSEMENT AND COMPENSATION
TO OPERATOR
(See 1st year operating Pro Forma ''ExhIbit'' D)
4.01 Management Fee. The Owner shall pay the Operator a
Management Fee of $950.00 per month, payable on the 1st day of the month
in advance.
In addition to the Management Fee, beginning November 3, 1992, an
incentive bonus shall become effective based on the evaluation of the
operation by the Airport Director and payable on a quarterly basis. Such
evaluation shall use 2.5% (two and one-half percent) of the gross as a basis
to determine the amount of bonus to be paid to the Operator. The Bonus
Evaluation Form to be used is attached as Exhibit "C".
4.02 Operating Expenses. All operating budgeted expenses incurred
by Operator in the operation of the Facilities, which are specifically approved
by the Owner, plus start-up expenses, shall be reimbursed by Owner to
Operator at the Operator's cost within ten (10) days from receipt by the
Owner of a monthly "Expense Invoice(s)" from the Operator, certified by an
officer of the Operator. Expense invoices for payroll and payroll related costs
may be submitted every two weeks. Expense invoices for other than payroll
and payroll related expenses must be accompanied and supported by copies
of vendor invoices. If any item of expense is disputed or contested, a
statement in writing setting forth the items being disputed and the specific
reasons therefore shall be submitted to the Operator. Owner shall advance
to Operator one-twelfth (1/12) of the operating budget to cover cost of the
operation. Owner shall advance the above sum within thirty (30) days
following the commencement of this Agreement.
The Owner shall not withhold reimbursement for non-disputed items
of expense. Both parties shall in good faith diligently pursue clarification and
resolution of any disputed items within thirty (30) days of receipt of written
notice sent by Owner.
4.03 Capital Equipment Investment (Exhibit B). The Owner shall
reimburse Operator yearly $17,362.00; 1/12 (one-twelfth) of which will be
reimbursed monthly as a part of operating expenses. Owner shall have the
right to reimburse Operator the entire amount, shown on "Exhibit'! B, on a
lump sum basis, or within one (1) year of the commencement of this
Agreement.
f:".
4.04 Other Fpcilities. The Owner shall have the right to require the
Operator to manage any additional parking facilities not contemplated at the
time of execution of this Agreement, in which event all costs of operation for
such service, including transportation services, shall be made part of the
budget, and all revenues therefrom shall be included in Gross Revenue,
ARTICLE V
GENERAL PROVISIONS
5.01 Charges. Except as may otherwise be specifically authorized by
the Owner in writing, Operator shall charge all users of the Facilities the fees
or rates for such use established by the Owner. Owner shall have the right to
amend or otherwise change the rate schedule at any time during the term of
this Agreement.
5.02 Consultation. The Owner reserves the right to call upon the
Operator for parking facility consulting services and advice with regard to the
operation of the Facilities. In such event the travel expenses and costs
incurred, subject to the limits of the existing Owner travel expense policy, shall
be considered a reimbursable item of expense.
ARTICLE VI
OBLIGATIONS OF OWNER
6.01 Maintenance Responsibility. Owner shall maintain all of the
Facilities used by the Operator in good and adequate condition for their
intended use to the extent required by law, including the roofs & exteriors of
all buildings, such as exit booth(s) & offices, and connecting structures,
fencing, concrete, asphalt and macadam paving, sidewalks and walkways, signs
interior and exterior lighting, landscaping, and air conditioning.
6.02 Utilities. The Owner shall provide and pay for all Owner
approved utilities.
ARTICLE VII
OBLIGATIONS OF OPERATOR
7.01 Maintenance and Repair. Operator shall, be responsible for the
proper maintenance and repair of the Revenue Control System, and of the
interiors of the exit booth. The Operator shall be responsible for keeping the
Facilities, including the parking areas, the entrance and exit areas, and exit toll
booth in a neat and clean condition at al1 times, except those areas specifically
maintained and cleaned by the Owner. The Operator shall notify the Owner
of any areas requiring immediate maintenance and/or repair upon discovery
of such items. The cost of such repairs and maintenance shall be
reimbursable to Operator.
7.02 Personnel.
A The management, maintenance, and operation of the
Facilities shall at all times be under the supervision and direction of a
full-time, qualified, competent resident Facilities Manager who shall be
subject to the direction and control of the Operator.
B. Operator agrees that its employees shall be of adequate
Humber and competently trained so as to properly conduct the
operation of Facilities; sufficient staff shall be provided to operate the
toll booth in a first-class manner, to meet all reasonable demands of
the public and to prevent customers from waiting in line for a period
in excess of eight (8) minutes, unless otherwise specified by the Owner.
The Operator shall make every reasonable effort to schedule
employees so as to minimize or avoid the payment of overtime,
recognizing, however, that the intent of this Agreement is to provide
a high level of service to the user of the Facilities.
C. All employees shall be required to wear the appropriate
uniform at all times when on duty. Operator agrees to ensure that the
employees and uniforms are clean and neat, and that the employees
present a professional appearance at all times. Operator shall cause
all of its employees to conduct themselves at all times in a courteous
manner toward the public and dispense with the services of any
employee deemed by the Owner to be detrimental to the Airport.
D. Operator, its agents, employees, or suppliers shall not block
any areas used for ingress and egress by Airport traffic unless required
in an emergency, and further, shall not interfere with the activities of
Owner, its agents or employees, or any Airport tenant.
7.03 Cleanliness of Premises. The Facilities and all equipment and
materials used by Operator shall at all times be clean, sanitary, and free from
rubbish, and other refuse.
7.04 Operations.
A The hours of operation shall be from 5:00 AM. to midnight,
seven (7) days per week, 365 days per year. Additional coverage will
be as needed and approved by the Director of Airports. These hours
are subject to change as airline schedules change to provide coverage
of airline flights,
B. The Operator shall be responsible for the collection of all
monies from the Metered Parking area, the collection of which will be
made at a prearranged time to be agreed on by the Operator and the
Owner. The monies from which Vvi!l be included in the Gross
Revenues as outlined above.
7.05 Airport Procedures. Operator agrees to observe and abide by
all procedures, rules and regulations promulgated from time to time by the
Federal Government, Owner or Airport staff concerning security matters,
parking, ingress and egress, and any other operational matters related to the
operation of the Key West International Airport.
AR TICLE VIII
INDEMNITY /INSURANCE
8.01 Operator shall indemnify, defend, and hold harmless the Board
of County Commissioners, and the Key West International Airport staff and
their authorized agents and representatives, from any and all claims, suits,
losses, or damages for injuries to persons or property of whatsoever kind of
nature, arising directly or indirectly from the act of Republic's agents or
employees.
8.02 Operator will provide and maintain in effect throughout the term
of this Agreement current general liability insurance in the amount of
$1,000,000 combined single limit, personal injury, and $100,000 property
damage.
8.03 Operator also will provide and maintain in effect throughout the
term of this Agreement, current statutory requirements of workers'
compensation.
8.04 Operator shall provide the Owner with a current certificate of
insurance that reflects the above insurance requirements and name Monroe
County, Florida as an "additional insured" on all policies, excepting workers'
compensation.
ARTICLE IX
RELATIONSHIP QF THE PARTIES
9.01 Operator is and shall be deemed to be an independent contractor
and operator responsible to all parties for its respective acts or omissions, and
Owner shall in no way be responsible therefore. Neither the Operator nor
any of the officers, agents, or employees of the Operator shall be deemed to
be employees of the Owner for any purposes whatsoever.
ARTICLE X
TERMINATION OF AGREEMENT. CANCELLATION
ASSIGNMENT & TRANSFER
10.01 Termination. This Agreement shall automatically terminate and
expire at the end of the term, as set forth in Article I hereof. Upon the
termination of this Agreement, through passage of time or otherwise, the
Operator shall aid the Owner in all ways possible in continuing the business
of operating the Airport public parking facilities uninterruptedly.
10.02 Owner's Right of Cancellation. Owner may cancel this
Agreement by giving Operator thirty (30) days advance written notice, to be
served as hereinafter provided, upon the happening of anyone of the
following events:
(1) The filing by Operator of a voluntary petition for
bankruptcy.
(2) The institution of proceedings in bankruptcy against
Operator and adjudication of Operator as a bankrupt
pursuant to said proceeding.
(3) The taking by a Court of jurisdiction of Operator and its
assets pursuant to proceedings brought under the
provision of any federal re-organizational acts and said
proceeding is not dismissed, discontinued or vacated
within thirty (30) days.
(4) The appointment of a receiver of Operator's assets and
the receivership shall not be set aside within thirty (30)
days after such appointment.
(5) The divestiture of Operator's estate herein by operation
of law.
(6) The abandonment by Operator of the Facilities, or of its
business operations thereon.
(7) The conduct of any business or performance of any acts
not specifically authorized herein and said business or
acts do not cease within thirty (30) days of receipt of
written notice by Owner to cease said business or acts,
(8) The default in the performance of any of the covenants
and conditions required herein to be kept and performed
by Operator and said default is not cured within thirty
(30) days of receipt of written notice by Owner to do so,
or if by reason of the nature of such default, the same
cannot be remedied within thirty (30) days following
receipt by Operator of written demand from Owner to
do so, Operator fails to commence the remedying of
such default within said thirty (30) days following such
written notice.
10.03 Assignment. Transfer. and Subcontracting. Operator shall not,
In any manner, assign, transfer, mortgage, pledge, encumber or otherwise
convey an interest in this Agreement, nor contract the services permitted
herein or any part thereof, without the prior written consent of Owner. Such
consent can be withheld' for any reason or for no reason at all. Any such
attempted assignment, transfer, or subcontract without Owner approval shall
be null and void. In the event Owner consents in writing as aforesaid,
Operator shall have the right to the extent permitted by Owner's consent to
subcontract or assign all or any portion of the permitted services, provided
that any such subcontract or assignment shall be limited to only the same
purposes as are permitted under this Agreement. Any such subcontract or
assignment shall be subject to the same conditions, obligations and terms as
set forth herein and Operator shall be fully responsible for the observance by
its subcontractors of the terms and covenants contained in this Agreement.
Notwithstanding anything herein to the contrary, in the event of an approved
subcontract, Operator shall remain primarily liable to Owner for fulfilling all
obligations, terms and conditions of this Agreement, throughout its entire
term.
ARTICLE XI
ALTERATIONS OR ADDITIONS AND SIGNS
11.01 Alterations o_r Addition~. Operator shall make no alterations or
additions to the Facilities constructed thereon, without the prior written
consent of the Owner.
11.02 Signs. No signs, posters, or similar devices shall be erected,
displayed, or maintained by Operator in the view of the general public in, on,
or about the Facilities or elsewhere on the Airport without the written
approval of Owner, which consent shall not be unreasonably withheld. Any
such signs not approved shall be immediately removed at the sole cost and
expense of Operator, upon written notification thereof by Owner.
ARTICLE XII
LAWS. REGULATIONS. PERMITS AND TAXES
12.01 General. Operator expressly covenants, warrants, guarantees
and agrees that throughout the term of this Agreement, Operator shall at all
times be and shall remain in full and complete compliance with all applicable
statutes, regulations, rules, rulings, orders, ordinances, or directives of any kind
or nature without limitation, as same may be amended, of any and all Federal,
State, Municipal or local governmental bodies now or hereafter having
jurisdiction over Operator, Operator's operations conducted under this
Agreement on the Facilities, and over those persons and entities performing
any work or services on behalf of Operator or at Operator's actual or
constructive request. Operator further covenants, warrants, guarantees, and
agrees that it shall comply with all ordinances of Owner, including but not
limited to the "Rules and Regulations", all operational orders issued
thereunder, and any and all other laws, ordinances, regulations, rules, and
orders of any governmental entity which may be applicable to Operator or in
any way to Operator's business operations under this Agreement, as said laws,
ordinances, regulations, rules, and orders now exist, or are hereinafter
amended, promulgated, or otherwise imposed on Operator by laws.
12.02 Permits and Licenses General. Operator expressly covenants,
warrants, and agrees that it shall, at its sole cost and expense, be strictly liable
and responsible for obtaining, paying for, maintaining current, and fully
complying with, any and all permits, licenses and other governmental
authorizations, however designated, as may be required at any time
throughout the entire term of this Agreement or any extension thereof by any
Federal, State, or local governmental entity or any court of law having
jurisdiction over Operator or Operator's operations and activities; however,
such costs and expense shaH be reimbu.rsed in accordance with Paragraph 4.02
"Operating Expenses".
ARTICLE XIII
GOVERNMENTAL RESTRICnONS
13.01 Right of Flight. Owner 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 previously
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 for landing on, taking off from, or
operating on the Airport.
13.03 Operation of Airport. Operator expressly agrees for itself, its
sub-lessee, successors and assigns, to prevent any use of the Airport Facilities
which would interfere with or adversely affect the operation, maintenance, or
development of the Airport.
ARTICLE XIV
NON DISCRIMINATION
14.01 Non-discrimination. Operator for itself, its successors in interest
and assigns, as a part of the consideration hereof, does hereby covenant and
agree (a) that no person on the grounds of race, creed, color, national origin,
sex, age, or handicap shall be excluded from participation in or denied the use
of said Facilities, (b) that in the construction of any improvements on, over,
or under such Facilities and the furnishing of services, no person on the
grounds of race, creed, color, national origin, sex, age, or handicap shall be
excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination, and (c) that Operator shall use the Facilities 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, Non-discrimination 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. In the
event of the breach of any of the foregoing non-discrimination covenants,
Owner shall have the right to terminate this Agreement. This cancellation
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.
14.02 Disadvantaged Busines$ Enterprise/Affirmative Action.
Operator acknowledges that the provisions of 49 CFR, Part 23, Disadvantaged
Business Enterprises (DBE), and 14 CFR Part 152, Affirmative Action
Employment Programs are applicable to the activities of Operator under the
terms of this Agreement, unless exempted by said regulations, and hereby
agrees to comply with all requirements of Owner, the Federal Aviation
Administration and the U. S. Department of Transportation, in reference
thereto.
ARTICLE XV
NOTICE
15.01 Any notice given under the provisions of this Agreement shall
be in writing and shall be delivered personally or sent by certified or
registered mail, postage prepaid to:
Owner:
Mr. Art Skelly
Director of Airports
Key West International Airport
3491 South Roosevelt Boulevard
Key W'est, Florida 33040
Operator:
Mr. Ron R. McDonald
President
Republic Parking System
1600 Republic Centre
Chattanooga, Tennessee 37450
or such other respective addresses as the parties may designate to each other
in writing from time to time. Notice by certified or registered mail shall be
deemed given on the date that such notice is deposited in a United States Post
Office.
ARTICLE XVI
PARAGRAPH HEADINGS
16.01 The headings of the various article and sections of this
Agreement, and its Table of Contents, are for convenience and ease of
reference only, and shall not be construed to define, limit, augment or
describe the scope, context, or intent of this Agreement or any part or parts
of this Agreement.
ARTICLE XVII
ENTIRETY OF AGREEMENT
17.01 The parties agree that this Agreement sets forth the entire
agreement between the parties, and there are no promises or understanding
other than those stated herein. None of the provisions, terms and conditions
contained in this Agreement may be added to, modified, superseded or
otherwise altered except by written instrument executed by the parties hereto.
IT WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written,
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS (ON BEHALF OF KEY
WEST INTERNATIONAL AIRPORT)
BY:
DANNY 1,. KOLHAGE, Clerk
\..u.:~.. 6 _ -: .-'""-~
OWNER
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REPUBLIC PARKING SYSTEM
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PRESIDENT
BY:
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EXIllBIT liB"
EQUIPMENT INVESTMENT LIST
Item Description
Total
33-0751 TD-249 Ticket Spitter
23-7688 G-90 Gate with Omega
Voltage Surge
IBM-4684 Fee Computer
Non-resettable Gate Counter
5' x 9' Booth with Air
Exit Pad (7 x 20 @ 8.00)
Entrance Pad (4 x 20 @ 8.00)
Control Loops
Meter Post
Parking Meters - Duplex "76"
Parking Meters - Single "70"
Equipment Installation
5,816.00
5,484.00
300.00
8,500.00
125.00
9,500.00
960.00
640.00
1,250.00
680.00
6,750.00
450.00
1.500.00
Total Equipment Cost & Installation
Freight
Sales Tax
$ 41,955.00
1,200.00
2,300.00
Grand Total
$ 45.455.00
EXHIBIT fie'
BONUS EVALUATION
Score each category from 0 - 10 (10 being highest score), Add all scores to achieve total percentage
attained, Multiply percentage attained by total amount of bonus available to determine actual bonus earned,
SCORE
1. CUSTOMER SERVICE:
a, Responsiveness to customer comments/complaints,
b. Customer assistance,
c. Customer waiting in line time reasonable.
2 EMPLOYEES:
a. Employees neat and in uniform.
b. Employees capable and properly trained.
3. OVERAlL APPEARANCE OF FACIUTY:
a. Facility clean,
b, Timely notification to Airport of needed repairs,
4. ACC''oUNTING:
a. Bank deposits on time,
b. Reports accurate and on time,
S. TICKET CONTROL:
a, Unaccounted tickets at reasonable levels.
b. Unusual variance fully explained,
6. BUDGET:
a. Submitted on time,
b. Variance expenditures vs, budget acceptable,
7. LOCAL MANAGEMENT:
a. Staffing at proper levels.
b. Overtime reasonable.
8. HOME OFFICE SUPPORT:
a. Recommendations concerning rates, changes ill service, improvements,
9. RESPONSIVENESS TO AIRPORTS REQUESTS AND SPECIAL EVENTS:
10. OVERAlL PERCEPTION OF PARKING OPERATION:
TOTAL POINTS EARNED
POINTS EARNED
/100 =
%*
%* GROSS REVENUE = BONUS
EXHIBIT "D"
PRO FORMA FIRST YEAR OPERATING BUDGET PROJECTION
1. MANAGEMENT FEE:
$ 950.00 per month $ 11,400
INCENTIVE FEE:
2.5 % of estimated $ 150,000
gross parking revenues 3.750
Total Operator Fees $ 15,150
2. OPERATING BUDGET
Labor
Salaries & Wages $ 38,668
Overtime & Training 773
Payroll Taxes (11.15 % ) 4,398
Insurance W /e 3,478
Recruiting Expense 150 $ 47,467
General Expenses
Telephone $ 900
Postage 750
Data Processing 2,400
Equipment Maintenance 1,500
Uniforms 750
Travel 1,500
Tickets/Supplies 2,000
Insurance - Liability 971
Insurance - GKLL 219
Depreciation 17.362 $ 28.352
TOTAL OPERATING BUDGET $ ~
3. START-UP EXPENSES $ 2.750
TOTAL ESTIMATED FIRST YEAR'S EXPENSE $~
SWORN STATEMENT PURSUANT TO SEcnON 187.133(3)(11),
FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES
TIllS FORM MUST DE SIGNED AND SWORN TO IN TilE PRESENCE OF ^ NOTARY PUBLIC OR onlER
OFFICIAL AUTIIORIZED TO ADMINISTER OAnIS.
1. This sworn statement Is suhmitted to Monroe County Board of County Commissioners
(print name or the public entity]
by
James C. Berry, Proprietor
(print IndlYidual's name and title)
James C. Berry d/b/a Reoublic Parkina System
(print nnrne or entity suhmlttlng sworn st8tement)
for
whose business address is
1600 Republic Centre
Chattandooqa, Tennessee 37450
and (tr applicable) Its Federal Employer Identification Number (FEIN) Is
(If the entity has no FEIN. Include the Sodal Security Number of the Individual signing this
sworn statement: ~ .)
2. I understand that a .public entity crime. as defined in Paragraph 287.133(1)(g), Florida Statutes. means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision or any other state or of the United
States. including. but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political suhdivi5ion of any other state or of the United States and Involving antitrust,
fraud, theft, bribery, collusion, racketeering. conspiracy, or material misrepresentation.
3. I understand that .convicted' or .conviction- as defined In Paragraph 287.133(1)(b), florida Statutes. means
a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guUt, In any
federal or state trial court of record relating to charges brought by indictment or information after July I,
1989, as a result of a jury verdict, nonjury trial, or entry of a plea of pUty' or nolo rontendere.
4. I under,;tand that an .affiliate. as denned in Paragraph 287.133(1)(a), FIorfd. Slatu~ means:
1. ^ predecessor or successor of a person mnvicted of a public: entity crime; or
2 An entity under the control of any natural penon who Is active In tbe management of the entity and
who has been convicted of a public entity crime. The term waOltfate. indudes those officers, director.,
executives, partners, shareholders, employees, members, and aaents who are active In the manacement of
an affiliate. The ownership by one penon of sbares constltutlnl . mntroUlng Interest In another penon,
or a pooling of equipment or income among persons when not for fair market value under an arm's length
agreement, shall be a prima facie case that one penon mntrols another penon. A person who knowingly
enters into a joint venture with a person who hu been convicted of a public entity crime In Florida during
the preceding 36 months shall be considered an affiliate.
S. t understand that a .person" as denned in Paragraph 287.133(1)(e), florid. Statutes, means any natural
person or entity organized under the laM or any state or of the United States with the legal power to enter
into a binding contract and which bids or applies to bid on contracts for the provision of goods or services
let by a public entity. or which otherwise transacts or applies to transact business with a public entity. The
term .person. inclu~es .tho!le officers. directors, exccutivc", partners, shareholders, employees, members, and
agents who 8re active In management of an entity.
EXHIBIT "A"
6.
Based on information and hl"lIef. the !'ttatement which I have marked below Is true In relation to the entity
suhmitting thi~ sworn statement. (Indicate which statement applies.)
'X Neither the entity submitting this ~worn statement, nor any of Its officers, dlret:tors, executive"
partners, shareholders, employees, members, or agents who are active in the management of the entity, nor
any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
I, 1989, -
_ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employeeo;, members, or agents who are active In the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
I. 1989.
_ The entity submitting this sworn statement, or one or more of Its omcers, directors, executives,
partners. shareholders, employees, members, or agents who are active In the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989. However, there has been a suhsequent proceeding before a Hearing Officer of the Slate of Florida,
Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that
it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list. [ottDch 0 cory of the nnel order]
J UNDERSTAND THAT TIlE SUBMISSION OF TillS FORM TO mE CONTRAC11NG OFFICER FOR TIlE
PunLIC ENTITY IDENTIFIED IN PARAGRAPII 1 (ONE) ABOVE IS FOR PUBUC ENTITY ONLY AND,
THAT TIllS FORM IS VALID THROUGn DECEMBER 31 OF TilE CAL AR YEAR IN WIIICH IT IS FILED.
I ALSO UNDERSTAND TIlAT I AM REQUIRED TO INFORM TilE P UC ENT11Y PRIOR TO ENTERING
INTO ^ CONTRACT IN EXCESS OF TIlE THRESHOLD AMO VIDEO IN SECI10N 287.017, FLORIDA
STATUTES FOR CATEGORY lWO OF ANY CHANGE IN E IN TlON CONTAINED FORM.
Sworn to and subscribed before me this
\ '6,", day or o.H~U.1:
~~I\ 0.. ~~:
Notary Public - State of ~ (\ ~U )
.19~.
Pcr~;onally known 0\\ t\\"-
OR Produced identintation
My commission expiresMy Commission Expires lan, 10 1~
t., \~€.r\ ~ .\\Jff\€X
(Printed typed or stlmped
commissioned name or notary public)
(Type of identification)
Form PUR 7068 (Rev. 06/18192)
6
2
1~
3
A
4
,...
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUN'rY, FLOR I DA
it
'I
I II
II
ETHICS CLAUSE
_._JbM.-t:S_C ._I?IiBB-X
warrants that he~ has not employed,
retained or otherwise had act on his/DOs behalf any former County officer
'..
or employee in voliation 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
2
its discretion, terminate this contract without liability and may also,
in its discretion. deduct from the contract or
..,
otherwise recover, the full amount
gift, or consideration paid to the
Da te :_A,U_Gjl.5r 18, 1992
- ..----.- ---
STATE OF "TENNESSEE _ _______1...
COUNTY OF _!!..A1:1;I;L1'Q~.__.~-
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me,
JAMES C. BERRY
affixed his/1x<<x signature (name of indi.vidual fiigning) in the space
provided above on this
lath
.day 0 f August
] 9__9..2___ _ .
~. ,,\
_tQ~~. \l,.sy~m0 --.--,...
NOT'\RY ~JBr..IC
EXHIBIT liB"
MCP#4 REV. 6/91
NON-COL~USION Ar!!~AV!T
I,
James C. Berry
. of the city
of
Chattanooga
aceordinq to law on my ~sth, and
under penalty of ~erjury, depose and say that;
1) I am James C. Berry d/b/~ Republic Parking Sys~e~e bidder
ma~1nq the Propoeal for ~ie project dAgerib.d as folloW21
Management of Public Vehicular.Parking Facilities adjacent to the terminal
area at the Key West International Airport.
2) the ~rices in this biQ have hcen ar~ived at ~ndepend6ntly
without eollusion, eonsultation, commun1cat1cn or aqreernent for ~e
purpose of restrictinq ~om~etition, as to any ma~ter relatinq to euch
prices with any oth.r biade~ or wi~h any competltoti
3) unl.ss o~herwi~e required by law. the prices which have been
~~otad in this bid h~ve no~ b~ell know1nqly dieclosed by the bidder
and vili not knowinqly be d1scloaed by the bidder prior to bid
op~ning, dire~tly Qr indirec~ly, to any other b1ddar or to &ny
co~pe...itor; and.
4) no a~tern?t has been made or will be made by ~h~ bidder to
inc!uce any other person, partnership or ccrl:oration to 8ua:r.i":, Ot' nQ~
to 6ubm1t, a bid for the purpose of restric~inq ccm~Gtitio~,
5} the statements contained in thi~ ?!!id.vit are t~ue ~nd
correct, and made wi~~ full knowl e h ~ Monroe County relles upon
~~e truth of the statements con ined'. thie af!idav~t in eW4rd~nq
contracts for said project.
ST.a:rE or
TENNESSEE
AUGUST 18, 1992
DATE
CO~~y OF HAMILTON
PERSONALLY A~PEARE:O BE~CRE NE, the undersig:1ed au-:nod. ty,
James C. Berry who. after first being s~orn by m@
(~arne of individual s1qninq)
af',f~,xed ~i./her aiqnat.u;:e lc. the space prov:.ded above on t,hte
C\\.~ \1,,\
\ c::r\ ~ \\
day ot
, 19 C\~.
~\\I\.~~ Ct. ~'\\W
OTARY PUBLIC
My commission expires:
My Commission Expires Jan. 10. 1996
EXH 161 T lie I
FO~~ MC?#l REV, 1/91
issue DATE rMMtODI'r'Y)
,--itltiiJ~, .,--
THIS Comf'ICATE IS ISSUED AS A. MAnER OF INFORMAl/ON ONLY ANO CONFERS
00 nlCHTS UPON THE CERTI~ICATE HOl.OCIl. THIS CERTIFICATE DOES NOT AMtNO.
EXn:NO Of! AI... TER THE COVERAGE AffORDED OY THE POl.ICltS BELOW.
Wiliis Corroon Corporat1on
of Chattanooga
1100 RepubliC Centre
Chattanooga, TN 37450
Attn: Sa.ndll.a. Wa,.t60i1
1 61.2L756-7821 fax 61~~
INSURED
COMPANIES AFFORDING COVERAGE
cOMr....Nv A
lFTTi=R Cuntinen-t/!l.l Casualty COQlpan~
COMPANY B
L.lirrli/ll
IC /
I -----
, ~-----
Republic Parkins System, Et a1
1~00 Republic Centre
Chattanooga, TN 37450
COMPANY C
LCTTCI'I
COMPANV D
I.CTTCn
nus IS TO CERTIFY THAT pOl.lClfS OF ItlSURANCE 1.IS'rEO BELOW HAVE DtCN ISSUED TO TH," INSUReD NAMED ADO"!! FOR nit POLICY PERIOD IriOIC" I tou.
NOTWITHSTANDING ANY FlEOUI~EMCNT TEAM OR CONDITION OF ANY CONTRACT OR OTHER OQCUMENT WITH /lESPECT TO WHICH THIS CERTIFICA. TE MAY
9," 1~$lIEl) OR MI1V PFRTAIN. THE INSURANCE .\fF'ORD(D BY THt; POLICIES Dr;:SCR~eED HEREIN IS SUBJECT TO ALl. THE TERMS. EXCLOSIOtl$. AND CONOI.
TIOtlSOFSUCHPOl.ICn:;S, LIMITS SHOWN MAY HAVE BEEN RI::.OUCED BY PAID CLAIMS.
""'PE Of" IN3UMNCCl
r"Ol.ICV NUlA9ER
POI.ICI' WECTJV(
onTf IMM'D:>trYJ
PO~iCY EXPM TCN
OAT" IM...J1XliWI
CCP4000&5300
01/01/92 07/01/~3
G:NCML AccrCGATE
rIlOOUCTS.CO!llPiO'~ A(;(;Iil~All
P(RSONA~ & ADVERTISING INJUP.Y
E.\CM OCCllFlACNCt
r!RC OAMI.(;li W;Y O~~ fIAE~
t.lWCAl EXPl'N$E ;ANY ON[ PC,lSONI
AUTOMOElILE l.IABILlTY
#/,V AUTO
ALL OWNED t,UTOS
SCHEDULED AUros
CSI,
is
20737081C)
07/01/92 07/01/93
(lOOM
nUllAV
(I'(f\ I'(R~ $
l(}Ill~V
I~RV
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PMPI'ATV
cAr;tllei
$
UMB9D0217&4S
~....
t~E~}!~~H~iH oee~~~e
07/01/92 07/01/93 ';::;:::ii;i:;: $10,000
~~~~::!:~~~;:
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A
WOAl<tI'lS' COMPENSATION
AND
CMPI.OYERS'I.IABIUTV
OTHER
706936290
07/01/9Z 07/01/93
STA1'UTOflV
$ 1. 000
$ 1,000
$ 1, 000
,<^Ctl ACCIOC"T~
(Ols~~se 'I'Ol.tCY UMITI
jOiSEASE,(ACH EIo.4P1.O'fCEI
~,
OTHEII TItAN UMllACllA rOnM
.,
DESCRIPTION OF OPERA TION$/I.OCATiONS IveHICLES~~)(I~O~SPECI"'l ITEMS
RE: KEY WeST IfonERNATIONAL AIRPORT,KEY WEST, FL
AddJ.:tJ.DYl.a.l Il't6uJLe.d c1.6 JLe.&pec..U CommeJtc.1.a.t Ge.ne/l.cll u'o.bu..u:y t'l1l Jtl?Qu-Ur.e.d b!f C.Ot1.t1La.a:
S e.e. C eJLU. 6.<.ea..t e. H o.e.d e)t.
AC.RI.. 25.S 11/85
SHOULD ANY Of THE AeoVE OESCfUOED POLICIES bf CANCELLED OC~O~E THE EX,
r'IRAT,ON OATC TltI:r\l:OF. TUS; IG~""NQ COMPANY WIU, FNOFAVOA TO
..All 30 DAYS WRITTEN NOTICE TO THE CERTIf'ICATE HOLDER NAMED TO THE
LeI'"!'. DUT rA'I.\JnE TO MML suew NOTICE SHAll IMI'O:<:F NO OBLIGATION OR
LIAOII.ITY OF ANY KIND UI'OI~ THE COMP IV, ITS AOl:NYS O~ REPRESENTATIVES,
AUT l~ ,0 RcpnESC:IIlT",TtVI~ ,ry' -
, .I\)_~ -Dl./YUl./-..J
bW
Mo~o~ County 8o~ 06 County
Comnu.M.l.o ne/l.6"
% Cowtty 06 MtlWt.oe
At.tn: VOMa. Pe/l.ez, P.,.Uk. Man.ageJt
5JOO College Road
Ke.y WUlt, FL 33040
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