05/16/1995 Agreementt
F;(_Ep ��rp c�� ,
COpm
'S , - `
MARATHON AIRPORT THE AIRLINE LEASE AGREEMENT
This Agreement is made and entered into by MONROE COUNTY, a political subdivision
of the State of Florida, whose address is 5100 College Road, Stock Island, Key West, Florida
33040, (County), and FLORIDA GULF AIRLINES, INC. d/b/a U. S. AIR EXPRESS, a corporation
authorized to do business in the State of Florida, whose address is 435 Clark Road, Suite 101,
Jacksonville, Florida 32218 (the Airline).
The County owns and operates Marathon Airport (MTH). The Airline is the service
business of transporting persons and property by air. The Airline desires to provide that service
to MTH and the County desires to provide the Airline the opportunity to do so. Therefore, the
County and the Airline agree as follows:
1. The Airline must provide regularly scheduled service to MTH of not less than 7
departure flights per week subject to the following restriction:
a) Run -ups before 7 AM must be performed on the ramp.
2. The County leases to the Airline the office space, counter space, baggage area
and storage space shown on Exhibit A, hereafter the premises. Exhibit A is attached and made
a part of this Agreement.
The County reserves the right to relocate the Airline to premises other than that
depicted in Exhibit A if necessary to facilitate any reconstruction orrenovation. The relocation
site(s) will be prepared by the County and must be adequate to allow the Airline to continue
normal operations. The cost of the relocation of equipment must be borne by the Airline. Any
site improvements beyond those furnished by the County are at the Airline's expense.
3. The Airline may use, in common with others, the space and facilities designated
by the County at MTH, for:
ramps.
a) the taxiing, taking off, and landing of aircraft;
b) the loading, unloading, and servicing of aircraft;
c) the provision of apron equipment, loading gates, and lighting for loading
The Airline may also use the space and facilities in the MTH terminal building held open
for common use for any purpose necessary for the provision of commercial airline service.
The Airline's use of the common areas described in this paragraph is subject to the
reasonable rules and regulations of the County. If there is a scheduling conflict between the
Airline and another user of the common areas, the conflict must be decided by the County's
airport manager.
The County must provide adequate reserved parking space at MTH for the use of the
Airline's employees. The location must be designated by the County and must be reasonably
convenient for the employees but may not be an area where the employee parking will
interfere with the day to day operation at MTH.
The County may not charge the Airline for the public areas or employee parking that
are described in this paragraph.
4. The Airline's employees, agents, contractors, passengers, guests and suppliers
have the right of ingress and egress to and from the premises and the common areas
described in paragraph 3 subject to: the charge for parking in the area reserved for public
parking, the MTH ground transportation resolution, and the MTH parking ordinance.
5. Smoking is prohibited in the MTH terminal building except for the restaurant and
lounge. The Airline must prevent its employees and invitees from smoking on the premises.
2
6. a) The County may determine that the Airline is under utilizing the premises if
the Airline's departures from MTH regularly fall below 7 per week. The County may make a
determination of under utilization only if there is a present demand for all or a portion of the
Airline's premises by another airline that is willing and able to provide departures from MTH in
excess of 7 per week. The County may not make a determination of under utilization if the
reduction of departures below 7 per week is because of a strike, lock -out, or safety
considerations, until the reduction based on any of those reasons has continued for 4 weeks or
more. The County may not make a determination of under utilization if the reduction of
departures below 7 per week is the result of the order of a court or state or federal agency until
the reduction has continued for 4 weeks and only then if any reduction or termination of the
Airline's leasehold are not in conflict with the order.
b) If the County determines that the Airline is under utilizing the premises, it may:
i) Reduce the size of the premises leased to the Airline and lease the
resulting excess area to another airline. The Airline is then obligated to pay a rent reduced in
proportion to the area lost.
ii) Terminate this agreement under subparagraph 24(e) and lease the
resulting vacant premises to another airline or airlines.
7. The term of this Agreement is two years running from March 1, 1995 through
February 28, 1997.
8. The Airline must pay rent on a monthly basis, due on the first of each month, for
the use of the office space, ticket counter, covered baggage, make up and belt, storage
area, as depicted in Exhibit A. Rent will be adjusted in the second year by the amount
recommended in an approved rates and charges study or a percent equal to the increase in
the CPI since March 1, 1995. Each month's rent is the total of the following sums:
a) 144 square feet of ticket counter space at $19.19 per square foot per
annum, (with a minimum of $595.13 per month, for each 144 square foot
3
unit of ticket counter space), passenger screening and seating at a total
flat rate of $7,141.50 per annum.
b) 243 square feet of office space, at $14.50 per square foot for the year.
c) N/A square feet of covered baggage makeup space, at $ per
square foot for the year.
year.
year.
d) N/A square feet of baggage belt area at $ per square foot for the
e) N/A square feet of parts storage area at $ per square foot for the
9. In addition to the rent due under paragraph 7, the Airline must pay the County
the following charges:
a) A surcharge of $250.00 per month for utilities and trash, to be increased in
the second year by a amount equal to the percentage increase in the
CPI since March 1, 1995.
10. a) The Airline must also pay to the County a landing fee of $.65 (65 cents)
per 1,000 pounds of approved maximum gross landing weight. In the case of aircraft weighing
less than 12,500 pounds the Airline must pay a minimum landing fee of $8.13. For the purposes
of this Agreement, maximum gross landing weight means the maximum gross landing weight
approved by the Federal Aviation Administration for the type of aircraft landing at MTH. By the
loth of each month the Airline must truthfully and accurately report to the County the number
of flight arrivals, the type of aircraft arriving, and their maximum gross weight, and the number
of passengers enplaning and deplaning for the previous month. Based on those reports, the
County will calculate and bill the amount owed by the Airline for that month. The Airline must
then pay the County within 30 days of the Airline's receipt of the bill. The County airport
director or his designee must be allowed to inspect the Airline's records concerning the flight
arrival information described in this paragraph to make sure that the landing fee payments
made, accurately reflect the number of flights and aircraft type arriving at MTH. The
4
inspection(s) may only be made during regular business hours (9AM - 5PM, Monday through
Friday, excluding holidays).
b) The County reserves the right to increase the landing fees effective
October 1, 1995, by either of the following amounts:
i) The amount recommended in a rates and charges study prepared
by professional airport consultants; or
ii) A percentage equal to the percentage increase in consumer price index
since March 1, 1995.
11. All payments owed by the Airline to the County that remain unpaid for more
than 30 days will begin to accrue interest at the rate of 8% per annum calculated from the
original due date until the date the County actually receives the money. [The interest rate is
the one established by the Comptroller of the State of Florida for 1995 under Sec. 55.03, Fla.
Stat.] The right of the County to claim interest - and the obligation of the Airline to pay it - are
in addition to and not in lieu of any other rights and remedies the County has under this
Agreement or that are provided by law.
12. The Airline must deliver a security deposit or letter of credit, in the amount of
$2,500, to the County Clerk. If the Airline is more than 30 days late in making any payment
owed the County under this Agreement, the County may deduct the amount owed from the
deposit or direct that payment of the amount owed be made by the issuer of the letter of
credit. If the $2,500 is insufficient to cover the amount owed, the Airline is not discharged from
its obligation to pay the excess because the County received partial payment from the
deposit or from the issuer of the letter of credit. Within five business days of the County's
deduction from the deposit or of the County's receipt of payment from the issuer of the letter
of credit, the Airline must put back on deposit the amount deducted or have the letter of
credit increased by the amount drawn down. Upon the expiration of this Agreement, the
5
County may also deduct from the deposit, or direct that payment be made to the County by
the issuer of the letter of credit, the amount needed to repair damage to the premises, in
excess of normal wear and tear, caused by the Airline during the term of this Agreement. If
the $2,500 is insufficient to cover damage in excess of the amount, the Airline remains liable to
the County for that excess. The County is not obligated to obtain payment for late rents or
fees from the security deposit or the issuer of the letter of credit. In the event of overdue rent or
fees, the County may, in its discretion, proceed according to subparagraph 24(a).
A security deposit already in the custody of the County Clerk under a prior
County/Airline agreement may be used to satisfy the requirement of this paragraph. A letter
of credit already on file with County Clerk under a prior County/Airline agreement may be
used to satisfy the requirement of this paragraph but only if: the letter of credit will not expire
during the term of this Agreement; and, the letter provides that the issuer will pay to the County
the amount requested up to $2,500, if the Airline is over 30 days in arrears or has caused
damage to the premises in excess of normal wear and tear.
13, Nothing in this Agreement prevents the County from imposing a passenger
facilities charge or fee when authorized by law or FAA regulation.
14. The Airline must pay all taxes and assessments, including any sales or use tax,
levied by any government agency with respect to the Airline's operations under this
Agreement.
15. a) Before occupying the premises the Airline must obtain insurance in the
amounts and according to the conditions described in Exhibit C. Exhibit C is attached and
made a part of this Agreement. The insurance requirements of Exhibit C are also prerequisite
for the initiation and continuation of flight service to MTH on, and after, March 1, 1995.
b) The Airline must keep in full force and effect the insurance described in
Exhibit C during the term of this Agreement. If the insurance policies originally purchased
n
which meet the requirements of Exhibit C are canceled, terminated or reduced in coverage,
then the Airline must immediately substitute complying policies so that no gap in coverage
occurs.
c) The insurance required of the Airline in this paragraph is for the
protection of the County, its property and employees, and the general public. The insurance
requirement is not, however, for the protection of any specific member of the general public
who might be injured because of an act or omission of the Airline. The insurance requirements
of this paragraph do not make any specific injured member of the general public a third party
beneficiary under this Agreement. Therefore, any failure by the County to enforce this
paragraph, or ban the Airline from MTH if the Airline becomes uninsured or underinsured, is not
the breach of any duty or obligation owed to any specific member of the general public and
cannot form the basis of any County liability to a specific member of the general public or
his/her dependents, or estate or heirs.
16. a) The County must keep MTH runway, taxiway, loading areas, and the area
immediately adjacent to the runway, taxiway and loading areas, in good repair and clear of
obstructions and debris. The County must maintain and operate MTH according to the highest
standards or ratings issued by the FAA for airports similar in size and character to MTH. The
County must also comply with the rules and regulations of any other government agency that
has, or may have, jurisdiction over MTH.
b) The County must provide adequate lighting for the common departure
areas, the vehicle parking spaces, and loading ramps. The County must provide adequate
field lighting for MTH including landing lights and beacons.
c) The County must, at all times, keep the common departure area, the
public and passenger space, and vehicle parking spaces and the landing field, clean, neat,
orderly and presentable.
7
17. a) The Airline must keep the premises in good order and condition. The Airline
must promptly repair damage to the premises. At the end of the term of this Agreement the
Airline must surrender the premises to the County in the same good order and condition as the
premises were on the commencement of the term, normal wear and tear excepted. The
Airline must also keep the premises plumbing and electrical fixtures in good repair.
b) If during the term of this Agreement the Airline fails to keep the premises
and fixtures in the good repair required under this paragraph , the County may, after
providing the Airline with a written warning and a ten day opportunity to correct the
deficiency, enter the premises and do whatever repair work the County's airport director
deems appropriate. The cost of the work plus 25% must be added to the Airline's rent for the
following month.
18. The Airline may not clean or maintain aircraft on MTH ramps or the runway
without the approval of the County's airport manager.
19. a) The Airline must comply with all ordinances and resolutions of the County -
whether in effect on March 1, 1995, or adopted later - that affect its flight operations or its use
of MTH facilities. The Airline must also comply with all laws, statutes, regulations and rules of the
federal or state governments, and any plans or programs developed by or funded by either
government, that affect the Airline's flight operations or its use of the MTH facilities. The Airline's
obligation to obey federal and state laws, statutes, regulations and rules, any federal or state
airport plan or airport program criteria or the criteria of a plan or program funded by the state
or federal government, includes not only those in effect on March 1, 1995, but those adopted
after that date.
b) The Airline must pay any penalty, assessment or fine of the federal or
state government imposed on the County that arises out of, or is attributable to, the Airline's
operations at MTH. The Airline must also defend in the name of the County any claim,
assessment or civil action that is initiated by the federal or state government against the
County that is based in whole or in part on a claim that any aspect of the Airline's operations
at MTH violated a law, statute, rule, regulation, or program or project criteria.
20. The Airline is liable for and must fully defend, release, discharge, indemnify and
hold harmless the County, the members of the County Commission, County officers and
employees, and County agents and contractors, from and against any and all claims,
demands, causes of action, losses, costs and expenses of whatever type - including
investigation and witness costs and expenses and attorneys' fees and costs - that arise out of or
are attributable to the Airline's operations at MTH excluding those claims, demands, damages,
liabilities, actions, causes of action, losses, costs and expenses that are the result of the sole
negligence of the County. The Airline's purchase of the insurance required in paragraph 15
and Exhibit C does not release or vitiate its obligations under this paragraph.
21. The Airline for itself, its personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree that (1) no
person on the grounds of race, color, or national origin shall be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination in the use of commercial
flights serving MTH, (2) that in the provision of such services, no person on the grounds of race,
color or national origin shall be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination, (3) that the Airline shall provide such services in
compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally -assisted programs of the Department of Transportation -
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, the
County shall have the right to terminate this agreement as if said agreement had never been
6
made or issued. The provision shall not be effective until the procedures of Title 49, Code of
Federal Regulations, Part 21 are followed and completed including exercise or expiration of
appeal rights.
22. The rights and privileges granted to the Airline under this Agreement are
nonexclusive and the County reserves the right to grant similar rights and privileges to airlines.
23. If funds are not provided by the United States for the operation of the MTH
control tower, navigation aids or other facilities that are needed by the Airline for service to
MTH, the County is under no obligation to provide those facilities or services.
24. a) The County may treat the Airline in default and terminate this Agreement if
the Airline fails to timely submit the reports or payments required of it under paragraphs 8 , 9,
and 10. Before the County may terminate this Agreement under this subparagraph, the
County must give the Airline written notice of the default stating that, if the default is not cured
within 10 days of the Airline's receipt of the written notice, then the County will terminate this
Agreement. Termination under this subparagraph does not relieve the Airline from any
obligation to pay the County whatever other damages the County suffered because of the
Airline's default.
b) The County may treat the Airline in default and terminate this Agreement
if the Airline, before occupying the premises and starting commercial airline service at MTH,
does not have the insurance required by paragraph 15 and Exhibit C. Before the County may
terminate the Agreement under this subparagraph, the County must give the Airline a written
notice of the default stating that, if the required insurance is not obtained within 10 days of the
Airline's receipt of the notice, then the County will terminate this Agreement.
c) The County may treat the Airline in default and terminate this Agreement
if the Airline, after starting commercial airline service at MTH, fails to keep in full force and effect
the insurance required by paragraph 15 and Exhibit C. Before treating the Airline in default
and terminating the Agreement under this subparagraph, the County need only provide the
Airline 24 hour notice by FAX or overnight courier. The County may, but need not, provide the
Airline with an opportunity to cure the default.
d) The termination of this Agreement under subparagraphs 17(a)-(c) does
not relieve the Airline from an obligation to pay whatever damage the County suffered
because of the Airline's default.
e) The County may also treat the Airline in default and terminate this
Agreement if the Airline fails to comply with its other obligations under this Agreement (the
obligations besides the payment of rents and fees when due and the purchase of insurance
and keeping it in effect.) Before the County may terminate the Agreement under this
subparagraph, the County must give the Airline a written notice of the default stating that, if
the default is not cured within 10 days of the Airline's receipt of the written notice, then the
County will terminate this Agreement. Termination under this subparagraph does not relieve
the Airline from an obligation to pay the County whatever damages the County suffered
because of the Airline's default.
f) Despite the Airline timely cure of its acts of default, if the Airline frequently
defaults in performing its obligations under this agreement, the County may , in its discretion,
determine that the Airline is a habitual violator. When the County makes that determination, it
must notify the Airline in writing. The notice must explain why the Airline was determined to be
a habitual violator and that any future act of default will be noncurable and the basis for the
immediate termination of this Agreement. If a subsequent default occurs, the County may
terminate this Agreement by giving the Airline 10 days written notice. The Airline must pay the
County whatever rent and fees are due as of the date of termination. The Airline will then have
no further rights under this Agreement. Termination under this subparagraph does not relieve
the Airline from an obligation to pay the County any damage suffered because of the Airline's
final act of default.
25. If this Agreement is terminated by the County because of the default of the
Airline, the County has a lien upon the personal property of the Airline at MTH to secure the
payment of any rent or fees unpaid at the time of default.
26. The Airline may terminate this Agreement - if it is not in default in paying the rents
and fees owed to the County - by giving the County 10 days written notice, upon the
occurrence of any of the following events:
a) The failure of the United States to fund, or provide for, the control tower
or other navigation aids necessary for the Airline's operation for a period of at least 90 days.
b) The issuance by any court of competent jurisdiction of an injunction in
any way preventing or restraining the use of MTH, or any part of MTH, for a period of at least 90
days.
c) The lawful assumption by the United States of the operation, control or
use of MTH, or any part of MTH, in a way that prevents the Airline from operating its commercial
service for a period of at least 90 days.
d) The inability of the Airline to use MTH for at least 90 days because of fire,
explosion, earthquake. hurricane, other casualty, or acts of God or the public enemy.
service.
e) The FAA's failure to grant the Airline the license(s) necessary to operate its
f) A dispute between the County and another governmental agency or
between other governmental agencies that make it difficult or impossible for MTH to be
operated safely for a period of at least 90 days.
12
The grounds for the Airline's termination of this Agreement as stated in subparagraphs 26(a) - (f)
create no basis for any County liability to the Airline and cannot serve to create any obligation
on the part of the County to pay money to the Airline.
27. The Airline may terminate this Agreement and treat the County in default if the
County fails to perform its obligations under this Agreement and the failure is not due to the
reasons described in subparagraph 26(a) - (f). Before the Airline may terminate the Agreement
under this paragraph, the Airline must give the County a written notice of the default stating
that, if the default is not cured within 10 days of the Airline's written notice, then the Airline will
terminate this Agreement. Termination under this paragraph does not relieve the County from
an obligation to pay the Airline whatever damages the Airline suffered because of the
County's default.
28. The waiver by the Airline or the County of an act or omission that constitutes a
default of an obligation under this Agreement does not waive another default of that or any
other obligation.
29. The Airline may not assign this Agreement or assign or subcontract any of its
obligations under this Agreement without the approval of the County's Board of County
Commissioners.
30. All the obligations of this Agreement will extend to and bind the legal
representatives, successors and assigns of the Airline and the County.
31. This Agreement is subordinate to the laws and regulations of the United States,
the State of Florida, and the County, whether in effect on March 1, 1995, or adopted after that
date.
This Agreement is also subordinate to the provisions of any existing or future agreements
between the United States and the County with regard to the operation, reconstruction and
maintenance of MTH. This Agreement is also subordinate to the right of the United States to
13
take over MTH during a national or local emergency or time of war. This Agreement is also
subordinate to the terms and conditions of the instruments and documents that transferred
MTH to the County from the United States.
Any condition or obligation of this Agreement that is in conflict with the items listed in
this paragraph is superseded to the extent of the conflict. The rest of this Agreement will remain
in effect so long as:
a) The Airline can provide the commercial airline service described in this
Agreement;
b) The County can receive the rent and fees described in this Agreement.
If neither of these is possible, this Agreement will no longer have any further force and effect
except for any obligation to pay money accruing before the date the Agreement ceased to
be effective, regardless of whether the amount owed is liquidated as of the date of
termination.
32. During the term of this Agreement, the Airline, must have and maintain a
registered agent as required by Chap. 607, Fla. Stat., and keep the County informed of the
agent's name, title and address.
33. This Agreement is governed by the laws of the State of Florida and the United
States. Venue for any dispute arising under this Agreement must be in Monroe County, Florida.
In the event of any litigation, the prevailing party is entitled to a reasonable attorney's fee and
costs.
34. This Agreement has been carefully reviewed by the Airline and the County.
Therefore, this Agreement is not to be construed against any party on the basis of authorship.
35. Notices to the County provided for in this Agreement, unless otherwise specified,
must be sent by certified mail to:
14
Airport Business Coordinator
Airport Business Office
5100 College Road
Stock Island
Key West, FL 33040
Notices to the Airline provided for in this Agreement, unless otherwise specified, must be sent by
certified mail to:
FLORIDA GULF AIRLINES, INC. d/b/a U. S. AIR EXPRESS
435 Clark Road, Suite 101
Jacksonville, Florida 32218
36. This Agreement is the parties' final mutual understanding. It replaces any earlier
agreements or understandings, whether written or oral. This Agreement cannot be modified or
replaced except by another written and signed agreement.
37. This Agreement will take effect on March 1, 1995.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
,Y,Q.0 C . AV ,
Deputy Clerk
ATTEST:
By
i le Of4ecT6n cIS-r, sVC .
p/air/usairexp
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By-d
Mayor/C rman j I I(cgq{ s
FLORIDA GULF AIRLINES, INC. d/b/a
U. S. AIR XPRES
By a M/
Title " f - � Q • P4!` -=U/�
15
I 9 1 1 1
� I ,
1
:'......: ... .. I 1 ..•.4 1
1T T t'1'r^-fTti1`i—�TI'T.•T1•r. 1 1
FI ■� I 1 ��'T �?-f 8 ' Q4 � ' -
,.11
y 2 it I g
— --- r »fitPA
t '.. � �.,. ► 1. � � +.
ox
.+•1 1 �j _ �fi�$
v 1.rG
1 �. $ r•.--
omm
01
.�' t 4'! i • 3 � ��» �� `fir_ `..-...` t*- I
' r
7.. I
�' i � rrrern•rn.ir I , ,
1 +•�71 'i"'T 5 ItettHli,.•r ,t# fFt#nf Lt+ni-t •• � i- 1 •:
In 1
i .
.'. •..«.. .. .. ... y.. 1 t
R 1
EXHIBIT"�A'1 `r I El
1 ( t 1 I
1 1 1 1
I
EXHIBIT'C'
April 22. I'M.i
la7 IYirrling
AIRCRAFT LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BET1VEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the Vendor is engaged in providing commercial air transportation and delivery
service to and from air facilities owned, operated, or maintained by the County, the Vendor shall
purchase and maintain, throughout the life of the contract, Aircraft and Airport Liability Insurance
which will respond to bodily injury and property damages resulting from any claim arising out of
the air transportation services governed by this contract.
The covered operations section of the policy must specifically state that the Vendor is engaged in
business of a commercial airline.
The Monroe County Board of County Commissioners must be named as Additional Insured.
r The minimum limits of liability shall be $ 50million per occurrence, for both types of coverages.
Adminizlralive ImAruction AIR l
1/4709.1
43
April 22. 1993
1st Vrioting
GENERAL LIABILITY =-
f INSURANCE REQUIREMENTS
FOR
CONTRACT
BE71VEEN
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 ]niury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shail 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.
Adminidrative Irztni Lion GI-3
04709.
56
April 22. 1150M
Ix( IYinling
VEHICLE LIABILITY
INSURANCE REQCJIREMENTS
4r, FOR -
'` CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, sliall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, 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
r $ 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.
Adminiq. mjive lrntrudion VL3
g47(M. I
77
April 22. 1993
1:4 Vrintil",
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
CONTRACT FOR
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 the applicable state statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$1,000,000 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 and the company or companies must maintain a minimum rating of A -VI, as
assigned by the A.M. Best Company.
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 fiend, a Certificate of insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
Administrative Irmnmion WC3
#4709.1
83
ERTIFICATE OY INSUR�I \ VR DATE (MM/DD/YY)
03/10/95
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
SCHREIBER BRANCH/WMK
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. BOX 10
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
FARMINGTON NM 87499
COMPANIES AFFORDING COVERAGE
505-325-1849 Risk A4 Received ICOMPANY
s
AUSF&G Insurance Company
INSURED
DATE.APPROVED
BY RISI( MANAO�MENTI
COMPANY
B Ry
INITIAL
Mesa Airlines, Inc.
COMPANY
C [)ATF
2325 East 30th Street
Farmington NM 87401
COMPANY I'
CQVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE
BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATIONLIMITS
DATE (M14/DD/YY)
GENERAL
LIABILITY
G E N E RAL AG G R E GAT E
$
PRODUCTS - COMP/OPAG
$
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
PERSONAL &ADV INJURY
$
EACH OCCURRENCE
$
OWNER'S& CONTRACTOR'S PRCT
FIRE DAMAGE(Anyonefire
$
MED EXP(Anyone person)
$
A
AUTOMOBILE
LIABILITY
ANYAUTO
1CP30015214902
03/23/95
03/23/96
COMBINED SINGLE LIMIT
$ 2,000,000
X
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNEDAUTOS
X
BODILY INJURY
(Peraccident)
$
X
PROPERTY DAMAGE
$
GARAGE LIABILITY
AUTO ONLY -EAACCIDEN
$
OTHER THAN AUTO ONLY:
ANYAUTO
EACH ACCIDEN
$
AGGREGATE
$
EXCESS LIABILITY
EACH OCCURRENCE
$
AGGREGATE
$
FORM
$
iqUMBRELLA
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
STATUTORY LIMITS
;-
EMPLOYERS' LIABILITY
EACH ACCIDENT
$
THE PROPRIETOR/ INCL
PARTNERS/EXECUTIVE
DISEASE -POLICY LIMIT
$
DISEASE - EACH EMPLOY
Q
OFFICERSARE: EXCL
OTHER
A
Property
1CP30015214902
03/23/95
03/23/96
DESCRIPTION OF OPERATIONS/LOCATIONS/VEIHCLES/SPECIAL ITEMS
Aoim-tional�insured is added in favor of County of Monroe.
CERTIFICATE.HOLDER
CANCELLATION
MONROEI
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
County of Monroe
Monroe County Risk Management
Attn: Kay Bahleda
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHA IMPOSE NO OBLIGATION OR LIABILITY
5100 College Road
OF ANY COMPANY , ITS NTS OR REPRESENTATIVES.
Key West FL 33040
AUTHORIZE NT TIVE
ACORD 2" (3/93)
ACCORD C4 RPORAIION 1993
41
ADDENDUM TO CERTIFICATE
NAMED INSURED TO READ:
Mesa Airlines, Inc. dba America West Express, Mesa Airlines, United Express
Air Midwest, Inc. dba USAir Express, a wholly owned subsidiary of Mesa Airlines,
Inc.
WestAir Commuter Airlines, Inc. dba United Express, a wholly owned subsidiary
of Mesa Airlines, Inc.
Skyway Airlines, a division of Mesa Airlines, Inc. (the Midwest Express connection)
FloridaGulf Airlines dba USAir Express, a division of Mesa Airlines, Inc.
Four Corners Aviation, Inc., a wholly owned subsidiary of Mesa Airlines, Inc.
Desert Turbine Services, Inc., a wholly owned subsidiary of Mesa Airlines, Inc.
San Juan Pilot Training, Inc., a wholly owned subsidiary of Mesa Airlines, Inc.
dba Mesa Airlines Pilot Development
Regional Aircraft Services, Inc., a wholly owned subsidiary of WestAir Holding,
Inc.
Superior Airlines dba America West Express, a division of Mesa Airlines, Inc.
Liberty Express dba US Air Express
Received v
Risk Mgmt. & Loss Control
DATE ia /� !'f Cam— MESA
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. INITIAL
Ibis certificate does not amend, extend or alter the coverage afforded by the policies listed below.
This certificate replaces any other previously issued by this company for this insured.
Cancellation: Should any of the described policies be canceled, the issuing company will endeavor to mail 30 days written notice to the below named certificate holder, but
failure to mail such notice shall impose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CERTIFICATE HOLDER
County of Monroe
Monroe County Risk Management
CollegeRoad
Key West,
FL 33040
APPROVED BY RISK MANAGEMENT
Key
BY__L� o Ce G
6-7
�LrrZ'�
DATE l ��
W1 'rR: N/Ay YES
NAMED INSURED AND PRINCIPAL ADDRESS
Mesa Airlines, Inc. dba Mesa Air Group and each of its wholly owned subsid-
iaries or operating divisions: Mountain West Airlines dba Mesa Airlines;
Mountain West Airlines dba United Express; Mountain West Airlines dba
America West Express; Desert Sun Airlines dba America West Express;
FloridaGulf Airlines dba USAir Express; Liberty Express dba USAir Express;
San Juan Pilot Training, Inc..dba Mesa Air Pilot Development; Desert Turbine
Services; Four Corners Aviation, Inc.
2325 East 30th Street
Farmington, New Mexico 87401
(505) 327-0271
This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time.
$150.000,000
• AIRCRAFT LIABILITY INSURANCE in re-
spect of all aircraft owned, leased, or
See
See
BODILY INJURY AND
operated by the Named Insured, world-
Attached
Attached
PROPERTY DAMAGE
wide
COMBINED
• AIRCRAFT HULL INSURANCE in respect
of any aircraft owned or operated by the See See AS SET FORTH
Named Insured, worldwide I Attached Attached IN THE POLICY
• COMPREHENSIVE GENERAL LIABILITY
$150,000,000
in respect of worldwide Ground Opera-
tions of the Named Insured, including
See
See
BODILY INJURY AND
Premises -Operations, Contractual, Prod-
Attached
Attached
PROPERTY DAMAGE
ucts and Completed Operations
COMBINED
OTHER
*When required and only to the extent required by written contract, the certificate holder is included as an additional insured but solely as respects operations of the Named Insured as
stated within said contract.
Schreiber Insurance Agency, Inc.
Post Office Box 10
Farmington, New Mexico
Telephone (505) 325-1849
Alexander & Alexander of Texas, Inc.
717 N. Harwood
19th Floor — Lock Box #8
Dallas, Texas 75201
Telephone (214) 880-0321
n
Date Issued: February 23, 1995
By.
The insurers have authorized Schreiber Insurance Agency, Inc, and/or Alexander & Alexander to issue this certificate on their behalf. Schreiber/A & A are not
insurers and h ve no liaWLity of an _ _ Z sort under the above policy nor as a result of issuance of this certification.
7-
J
MESA AIRLINES, INC.
SCHEDULE OF INSURERS
SCHREIBER INSURANCE AGENCY, INC.
P. 0. BOX 10
FARMINGTON, NM 87499
TELEPHONE: 505-325-1849
Term: March 2, 1995 to March 2, 1996
AIRCRAFT LIABILITY, AIRCRAFT HULL AND
COMPREHENSIVE GENERAL LIABILITY
ALEXANDER & ALEXANDER
OF TEXAS, INC.
717 N. HARWOOD
DALLAS, TX 75201
TELEPHONE: 214-880-0321
INSURERS
National Union Fire Insurance Company of Pittsburgh, PA
(through AIG Aviation of Texas, Inc.)
VARIOUS INSURERS THROUGH ALEXANDER HOWDEN AVIATION
Subscribing Lloyds Underwriters for percentages as
on file with Alexander Howden Aviation. Subscribing
members of Institute of London Underwriters for
percentages as on file with Alexander Howden
Aviation. Subscribing Insurance Companies for
percentages as on file with Alexander Howden
Aviation.
La Concorde Assurances (through La Reunion Aerienne)
Insurance Company of North America (through CIGNA
Companies)
Subscribing Companies of Assurance France Aviation
New York Marine & General Insurance Company (through
Mutual Marine Office, Inc.)
Subscribing Companies of Somerset Aviation, Inc.
SEVERAL LIABILITY NOTICE
POLICY NUMBERS
AV322727801
AM9530131/2
95/20361
ATA014148
95.0253
MM012297AV595
A0728/01/95
The subscribing insurers' obligations under contracts of insurance to which
they subscribe are several and not joint and are limited solely to the
extent of their individual subscriptions. The subscribing insurers are not
responsible for the subscription of any co -subscribing insurer who for any
reason does not satisfy all or part of its obligation.
Each of the Insurers, Individually, has authorized Schreiber Insurance
Agency, Inc. and Alexander & Alexander of Texas, Inc. to issue this
certificate on its behalf. Schreiber Insurance Agency, Inc. and Alexander
& Alexander of Texas, Inc. are not insurers and have no liability of any
sort under the above policies, nor as a result of the issuance of this
certificate.
7V7VL:
INSURED
Mesa Airlines, Inc.
(see attachment)
2325 East 30th Street
Farmington NM 87401
COMPANIES AFFORDING COVERAGE -
COMPANY
A Reliance National Indemnity CCo�oBY RISK MANAGEMENT
/�
COMPANY s B
COMPANY
C DATE ao - 9'7
COMPANY
D WAIVER: N/A YES
IS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO I TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATIOIN
LTR POLICY NUMBER DATE (MMMD/YY) DATE (MM/DDfYY) LIMITS
GENERAL LIABILITY GENERAL AGGREGATE $
COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AG $
CLAIMS MADE OCCUR PERSONAL &ADV INJURY $
OWNER*S&CONTRACTOR'SPRCT EACH OCCURRENCE S
FIRE DAMAGE (Anyone fire
$
MED EXP (Anyone person)
S
AUTOMOBILE LIABILITY
ANYAUTO
Vr
,I _
COMBINED SINGLE LIMIT
$
9��'
�� •//'
BOOILYINJURY
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
nn
(Per person)
$
BODILYINJURY
s
NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
$
GARAGE LIABILITY
AUTO ONLY- EAACCIDEN!
$
ANY AUTO
OTHER THAN AUTO ONLY:
EACH ACCIDEN
$
AGGREGATE
$
EXCESS LIABILITY
EACH OCCURRENCE
S
UMBRELLA FORM
AGGREGATE
$
OTHER THAN UMBRELLA FORM
$
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
)( I STATUTORY LIMITS
_.:...:<.... .
............................. .
EACHACCIOENT
$1 000,000
THE PROPRIETOR/ X INCL
PARTNERS/EXECUTIVE
NWA01192Q1-00
12/31/94
12/31/95
DISEASE - POLICY LIMIT
$1 000 000
r r
DISEASE - EACH EMPLOY
IS 1,000,000
OFFICERS ARE: EXCL
OTHER
O�
DESCRIPTION OF OPERATIONS/LOCATIONS/VEIHCLES/SPECIAL ITEMS
«,
Commuter Airlines
CERTIFICATE; HOLDER
CANCELL1TION ':
MONROEC SHOULD ANY OF TIES ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TIEE
EXPIRATION DATE THEREOF, TILE ISSUING COMPANY WILL ENDEAVOR TO MAIL
County of Monroe
Monroe County Risk Management
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TONAIL SUCII NOTICE SIIAZS
MPOSE NO OBLIGATION OR LIABILITY
5100 Co l t ege Rd
OF ANY KIND UPON TJIE C PAN;, ITS A REPR[SENTATIVES.
Key West FL 33040
AUTIIORIZED REPRES
ACORD 25-S (3/93)
` ACORD CORPORATION 195
` )0_11_
/•n
r
ATTACHMENT TO WORKERS COMP CERTIFICATE
FOR MESA AIRLINES, INC. --
DATED 12/31/94
Mesa Airlines, Inc. dba America West Express, Mesa Airlines, United
Express
Air'Midwest, Inc. dba USAir Express, a wholly owned subsidiary of
Mesa Airlines, Inc.
WestAir Commuter Airlines, Inc. dba United Express, a wholly owned
subsidiary of WestAir Holding, Inc., a wholly owned subsidiary
of Mesa Airlines, Inc.
FloridaGulf Airlines dba USAir Express, a division of Mesa
Airlines, Inc.
Four Corners Aviation, Inc., a wholly owned subsidiary of Mesa
Airlines, Inc.
Desert Turbine Services, a division of Mesa Airlines, Inc.
San Juan Pilot Training, Inc., a wholly owned subsidiary of Mesa
Airlines, Inc. dba Mesa Air Pilot Development
Regional Aircraft Services, Inc., a wholly owned subsidiary of
WestAir Holding, Inc.
Liberty Express Airlines dba USAir Express, a division of Mesa
Airlines, Inc.
All entities are 1000 owned.