02/10/1993 Agreement
OKYv~ErY ~o~~~~E
(305) 294-4641
County Attorney
310 Fleming Street
Key West, FL 33040
(305)292-3470
December 2, 1992
BOARD OF COUN1Y COMMISSIONERS
MA YOR. Wilhelmina Harvey. District 1
Mayor Pro Tem. Jack. London. District 2
Douglas Jones. District 3
A. Earl Cheal, District 4
John Stormont, District 4
Ms. Kathy Myers
Ocean Reef Community Association, Inc.
100 Anchor Drive 1505
Key Largo, FL 33037
RE: Agency Agreement for Ticket Sales
Dear Ms. Myers:
Pursuant to direction from the County Attorney, I have drafted an
agency contract whereby ORCA can sell the commuter tickets for
the Card Sound Toll Bridge. Enclosed is an original and three
copies.
Please review the contract, and if acceptable, have them executed
by the President and Secretary of the Association. If you have
any questions or concerns about the contract, please feel free to
call me.
Upon receipt of the original and three copies executed by ORCA, I
will place the contract on the County Commission agenda.
SAH/jeh
enclosures
cc: Danny Kolhage
Thomas Brown
NN A. HUTTON
Assistant County Attorney
AGENCY CONTRACT
THIS AGREEMENT is entered into this IO-6h day of
f~b r u..o... fj , 199 S , by and between the Board of County
Commissioners of MONROE COUNTY, Florida (hereinafter "County")
and OCEAN REEF COMMUNITY ASSOCIATION, INC.
(hereinafter "Agen-
cy").
WHEREAS, Monroe County Code Sec. 16-4(b) sets forth a toll
schedule for the amounts to be charged to users of the Card Sound
Road and Toll Bridge Facility; and
WHEREAS, Agency is able and willing to assist County by
selling commuter tickets in accordance with subsection (b)(2) of
said Code Section, providing for a discounted rate of Forty Cents
(40C) per axle for commuter tickets; and
WHEREAS, the membership of Agency constitutes a primary
beneficiary of the discount available through the purchase of
commuter tickets.
NOW, THEREFORE, for and in consideration of the mutual
2:
..
to
C,.,)
...."
r"T1
OJ
covenants contained herein, the parties agree as fo11o~~:
J );:
() -,...
'10::':;.:
r ~n.
C) ^ -< 1':: . 1
o. c..;;
co:.
:;,,: - ^ ;-J
-i?JC) ::n -;1
Agency agrees to sell commuter tickets for the :l1~ r'Of :3her"':;
..;; -j :.:~ C")
r.... 1> ~ 0
Card Sound Road and Toll Bridge Facility and to rem+t tij~ RtO-5
. -.J
ceeds of such sales to the Clerk of the Court for Monr:Oe County.
1.
Services.
2. Bond.
Agency agrees to post and maintain a bond in an amount
equivalent to the value of the inventory of commuter ticket
books, Series E and F, issued to Agency in order to provide
security to County for the value of commuter tickets issued to
Agency.
3. Ticket Books.
Agency shall sell discount books of forty cents (40C)
tickets, such books being comprised of fifty (50) tickets (Series
E) and of one hundred (100) tickets (Series F). All sales shall
be for cash or its equivalent (no credit cards) only. Books of
tickets shall be sold in original, unaltered form and no tickets
shall be removed or separated from a book for sales of tickets in
lesser quantities than fifty (Series E) or one hundred (Series
F).
4. Payments.
Agency shall pay to Clerk the sums received for all sales
rronthly commencing with the date first above written. Each
payment shall be accompanied by an accounting for the prenumbered
ticket books sold and a certification by an officer of Agency
that the accounting is accurate and the amount remitted is the
amount received for all books sold during the report period.
5. New Supply of Books.
County shall, upon receipt of proceeds of sales of discount
tickets, remit to Agency a supply of books of tickets of value
equal to the amount of proceeds received, or such value as is
requested by Agency and covered by a bond posted in the appropri-
ate amount.
2
6. Modifications.
Additions to, modification of, or deletions from the terms
herein shall be made only by written mutual agreement executed in
writing by the County.
7. Breach and Penalties.
The parties agree to full performance of the covenants
herein and County reserves the right, at its discretion, to
terminate the services in this agreement whenever it is deemed in
the best interest of the County to do so. Upon termination,
Agency shall return the ticket books remaining unsold and a full
accounting for all ticket books which have been issued to Agency.
8. A~ency Relationship.
Agency is an agent of the County solely for purposes of
carrying out the sales of discount tickets for the use Card Sound
Road and Toll Bridge Facility. Agency is not authorized to act
on behalf of County or make any representations purported to be
representations of the County except that it is authorized to
sell said tickets.
9. Insurance Requirements.
Agency shall maintain such public liability insurance,
including bodily injury and property loss damage to cover all
claims, demands or actions by any person or entity in any way
arising from the operation of this agreement. County shall have
no liability for the acts or omissions of Agency except such
actions and omissions as are specifically stated herein.
10. Records.
Agency shall maintain adequate and complete records of
3
tickets received, sales, receipts, and remittances incurred in
performing the work hereunder and shall maintain such records for
at least three years after completion of this agreement. County
shall have access to such books, records, and documents concern-
ing the sales of tickets under this agreement, for any public
purpose, including, but not limited to, audits.
11. Severability.
If any provision of this contract shall be held by a Court
of competent jurisdiction to be invalid or unenforceable, the
remainder of this contract, or the application of such provision
other than those as to which it is invalid or unenforceable,
shall not be affected thereby; and each provision of this con-
tract shall be valid and enforceable to the fullest extent
permitted by law.
12. Compliance with Laws.
Agency shall comply with all federal, state and local laws
and ordinances applicable to the services or payment for services
herein, and shall not discriminate on the grounds of race, color,
religion, sex, age, or national origin in the performance of work
under this agreement.
13. Assignment.
Agency shall not assign, transfer, pledge, hypothecate,
surrender, or otherwise encumber or dispose of this agreement or
any interest in any portion of same, or permit any other person
or persons to perform services under this contract without first
obtaining the written consent of County.
4
14. Non-waiver.
Any waiver by County of any breach of covenants herein shall
not be deemed or considered as a continuing waiver and shall not
operate to bar or prevent County from declaring a forfeiture for
any succeeding breach either of the same condition or covenant or
otherwise.
15. Notices.
Any notices to be delivered to the other party shall be made
by Certified Mail, Return Receipt Requested to the following:
For County:
Danny Kolhage
Clerk of the Courts
500 Whitehead Street
Key West, FL 33040
(SEAL)
Attest: DANNY KOLHAGE, Clerk
By ~~C. \Ck~
Deputy CIerI:
(SEAL)
Attest:
'1
By QW J..~ vd:L
Secret'ary .. .
coniiocean
For Community Association:
David C. Ritz
Ocean Reef Community Assoc.
100 Anchor Drive 1505
Key Largo, FL 33037
a~rman
D
5
FXDELXTY & DEPOSXT
MARYLAND
COMPANY
.,~,
..' ", >\':\\
..,; ~<i~'~;~
BOND
\~
KNOW ALL MEN BY THESE PRESENTSs
That
Ocean Reef Community Association, Inc.
(hereinafter called Principal), as Principal, and Fidelity and Deposit
Company of Maryland, a corporation of the State of Maryland, with its Home
Office in the City of Baltimore, Maryland, and duly authorized and licensed
to do business in the State of Florida (hereinafter called Surety), as
Surety, are held and firmly bound unto Bo a rd 0 f County Comm i s s ione r s
of Monroe County
(hereinafter called County), in the full and just sum of Ten Thousand
and 00/100 Dollars ($10,000.00), to the payment of
which sum, well and truly to be made, the Principal and Surety bind
themselves, their and each of their heis, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
Signed, sealed and dated this 11th day of
February
19~
WHEREAS, the Principal has entered into a certain written agreement, dated
the lOth day of FebruarY 19 ~, with -t:he county for
Selling commuter tickets for the use of the Card
Sound Koad and lOll br~dge racil~
which agreement is or may be attached hereto for reference.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the
Principal s~all well and truly perform and carry out the covenants, terms
and condit~ons of said agreement, then this obligation to be void; otherwise
to remain in full force and effect.
PROVIDED, however, that the aggregate liability of the Surety hereunder
shall in no event exceed the penalty of the bond.
PROVIDED, further, the Surety shall have the right to terminate its
liability hereunder by serving written notice of its election to do so, by
United States registered mail, upon the Obligee, and thereupon the Surety
shall be discharged from any liability hereunder for any default of the
Principal, after the expiration of forty five (45) days from and after
service of such notice.
Ocean Reef Community Association Inc.
~ r1f~
D .
0(
Witness or Attests
~~~7
::~EL;:gJj~zjANY OF
L. Alan I.llIrl/Attorney-In-Fact
STATE OF FLORIDA
COUNTY OF MONROE
I, the undersigned authority, hereby certify that the foregoing is a
true and correct copy of the instrument presented to me by the Ocean
. ~f Community Association, Inc. as the original of such instrument.
Witn~_ my hand and official seal this 16t
C~~
Notary Public
~ (l\2j~2
(
CATHERINE B. MYERS
Notary Public-Stale ot Florida
My Commission Expires MAR 23.1994
COMM # AA750694
. .'
TR JONES & CO,
FAX NO, 3052488543
P. 03
FE]~'12"9~,..FRl B:41
..
power 0' Attorney
FiDElITV AND DEPOSIT COMPANY OF MARYLAND
MOMI O~~lC&. aAl."MQU, MD
"NO'l' ,\LL MEN BY TuEsE l'ftESt:NTS: Thol the FIDEt1Tf AND l)El'OSIT COMtAN\' Of MAB YLAND, · _;an &l1ho
fMarYl4nd 13 C. M. PEcot, JR. I Vitll-Prc,lcl'D\,.nd C. W. ROBBINS. ·
i':.:'. Seciittorf.1i: pIlf'''''''' oIolllhorit1 &I'll"'''' b, A.1tlda VI. Sc<:lloIt I. 01'''' )y-Lo'" 01 oaId Comp..,. whkb '!" ...
forth OIl the teVene .ide hereof and are hereby eortiflcd to be tJ1 fuD~r~,e 1.1\<1 Jfc on the cl"te hereof. doe- hcreby DomlD4tt.
_"''' ud .ppoin' Thoma. R. Jon... Randy JoM ~ L. A und. all of Hom.. t .ad ·
F1 Q r:l d a . EACH.................. I · · . . . . . . I I ~...... . . . . . · , . . · · · · · , · . . .. ·
. opt _.,..11>1.... It> -. """,to. den,,,' d..1lt behllf u """Y. ud u It....hod d...t:
a.y ana all bonas ana uod.r,..inSo. e. . pe not to exc.ea tho sum of twO
MILLION rIvE HUNDRED THOCSANO DOLLARS .500,0 · ............. ... ........
e c;lteCl\:l\aoa 0 sue n ~ or Wlderuklnp III P of 111 dU, .han be ~ hindLnC 'lpo~ said Complny. ~ runy
..a amply, to aU inlents anc1 putp05eS. II It thlY .n auly~. and IckJ\Qwl~dlec1 by the rqulart)' elec~d Qfflcers of
.. Com,.., at lb oU'... 10 B.h1morI. Mol.. III WD 1>'" os. Tb Is pow. r 0 f · t' 0 r ..Y rev 0'" that
issued on behalf of Tom Joftes. . date .~ 11 30. 1981.
The'lid AasiS\IIn\ Secretar)' c10ee hereby c~ Qt tbe~ t forth on the tt!V6l'$e aide hetto! Ie a true cop>, 01 Article VI,
ScctlQQ 2. oj the BY"Low. ot .aid Col'l1~~~;' DO"- · ,
IN WrtNESS WHEREOF. tltc sald Vie (lent and t SeC1f.W')' have hereU1lto .uhetribed their .aamet and alfixcd the
c;..por... 5..101.. ,.;a FIDELITY EPOSI~ ANY or l\WlnA:'lD. tbl> 24 th day &I
JIIl'l.@ \ A,D. 19.2.2.. Ms
ATmT. _,~;~~..~:~ ~~€o,~~~y ::~l~~:~___~__..~__....
,4M~~ vu:t:.P,..,JdePf
I'rATt or MAi'''fl.>>l''D
CITY or B.u.TlMOaE \ ss:
00 tbls ~4th dAyo' June , A.D. 1992 I before tilt aubtcriber. I NoW')' Publie of the State 01
Ma.rylIDd, lD and for the City of Ballimore. dull COJlunleloDcd and qualiiied. cam. the above--n.mecl Vice-Pre.ideet ADa Aa&taWlt
!eu.wy of \hI! FIbELITY AND DEl'OSIT COMPAN'Y OF MARYLAND, to me pet&ODally )mown to be the Indivicluh end offiO#.B
~ lD and who uceute4 tile p~di.o.: mlU'1.Unllnt, ad they eaeh aelmowledpd $he execudoD of ~Ci 'Iune, an4 bebsg by
11M dill)' IWOtQ. MYCn!1t IDd cach for himself depoeeth anet pith. that che)' ere the uld officers of tM Company Ator.llid. and
that the Mal &trUCK to tht pttcediD; m.\r\UJ\~t Is the Corporate Scal of Did Company. and th,t the saId Corpor.t.e Seal ed choir
eisnaUllel U lUeb oUll.1tn were duly .rrllt~ 4lIQ subscrW to the aa1d hwument by the l\lthQril~ and &rect5on of the !ale! CoJ'POl'o.tion.
IN TESTIMO:"lY WHEREOF I J have herew:lto let my ~d .nd afrp:ed my OftidaJ Sem, 1\ she Cily or 1.1dmore, tht da)' and
'jtWt firs' ahov. writWl. ~
NoW)' PubliG
CERTIfiCATE
I, the undettlpccl, AMi.tant S~(ftWy of th, 'fIDELITY AN'O DEPOSIT CO~A..~ OF )-t\l\YLAND, ao her~ cetd1)' th.t
the onp.t Powtr of Auomer 01 which the fore,oln, Ie . fuJI, tr\lt aad correct r.opy, ta iD full for~ ..00 etJecl on the elate of thit
certWt'atcl ADd I do further urtUy lhat the Vi~rrQsldent who eJ:ocuted the saId POWCl' of Attorae)' was o~e of the additional Vice-
Pre-ldellu .pteUlJ)' aulhorbtd by the Bod of Dirtccon to appou1t aD)' AuoJ:Dey-iss.Fac:t II prOvidtd ill Article VI. Seet10n 2. of
dtt By-Law. 01 th. FlPtLITY AND DEPOSIT COMPANY or MARYLAND.
Thil Ce"ificate may be 5;,nt4 by !ac.stma. \l.D.l,\er and by a\l.thority of tht fOUOwUll rt&olutiOD of th~ Bowel of Directort of the
FIDELITY ANll D~t'OSIT COMPA~Y or MAJ\YLA..1\fI) at . m~t1q duly ~ed and held OQ tht 16th day 01 July. 1969.
RESOLVtDl "That the tactimn~ ~ ~ehblC4U)' re~uced .rpatutt of my A...tmaal ~t&ry of tht Company, wlMther mAde
~"'CLO!o~ Or hereafter, whe~e~~p~c Upt)D'" C4rt1f1ed copy of any pcnrir of IttorDer laau.d by the Compuy, .h.U be valid
_4 bUlditlS upoI1lh. eom~l.)'fi~ I~ &lid effed .5 1hoUfh m.n~l1)' affUed. 'I .
IN TESTL~OS\' WHlUO.E, I h.v(~t6 S\Ibecribed my ume and ~ r.he corporate seal 01 the ~ Compal\)', thie)l th
clay of ~~mi.larv ~....: ....~ ...19.:.91 .::, -
...." ~..., "'.. .""
... " "j - ..- .........
'~ ,.
".;.;'... ~
.f :~~:.;.__ . :.~. '. '
CAROL J.
~.~~