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03/21/2012 Lease DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: April30, 2012 TO: Reggie Paros, Manager Florida Keys Marathon Airport ATTN: Julie Thomson, Executive Assistant FROM: Pamela G. Hanc .61 . C. At the March 21, 2012, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item C14 an Agreement with Keyhopper Transportation, Inc. for a month -to -month lease of counter and office space in the passenger terminal building at the Florida Keys Marathon Airport. Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File LEASE AGREEMENT FLORIDA KEYS MARATHON AIRPORT KEYHOPPER TRANSPORTATION, INC This lease agreement is entered into by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040 (hereafter COUNTY, LESSOR or OWNER) and Keyhopper Transportation, Inc., whose address is 9200 Overseas Highway, Marathon, Florida, 33050 (hereafter TENANT or LESSEE). WHEREAS, LESSOR currently has counter and office space available in the passenger terminal building of the Florida Keys Marathon Airport; and, WHEREAS, LESSEE has asked and is willing to lease said counter and office space; now therefore, IN CONSIDERATION of the mutual covenants, promises and premises herein contained, the parties hereto agree as follows: 1. Premises The Lessor leases unto the Lessee counter space at the Florida Keys Marathon Airport, Marathon, Monroe County, Florida, as follows: A. Public Exposed Area of 146.67 square feet for use as counter space, at a rate of $34.09 per square foot/annually, in accordance with the Airport's Standard Rates and Charges. B. Non - Public Area of 100 square feet for use as office space, at a rate of $23.00 square foot/annually, in accordance with the Airport's Standard Rates and Charges. 2. Term The above- described premises are leased to the Lessee on a month -to -month basis beginning April 1, 2012. 3. Rent The rent for the premises, including sales tax and utilities, shall be $786.25 per month, or $9,435.08 per year, including utilities and tax. Rental rates are subject to revision after the first 12 months and annually thereafter in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI -U) for the previous calendar year or in accordance with the Airport's standard rates and charges as revised, whichever is greater. In the event of a deflationary CPI, no adjustment in the rental rates will be made. Rent shall be paid in equal monthly installments, all of which shall be due and payable on or before the first day of each calendar month during which this lease is in effect. Upon the failure of LESSEE to pay any installments when due, the COUNTY will be entitled to charge and collect, and LESSEE will be obligated to pay, 'a late fee of two percent (2%) of any such amount, if paid within thirty (30) days of the date due, and five percent (5%) of any such amount, not paid within thirty (30) days of the date due. Such late fees will be in addition to the amount of rent due. The acceptance by the COUNTY of the overdue rental installment plus applicable late fees shall cure what would otherwise constitute a default by LESSEE under the terms of this lease. The COUNTY, at its option, however, may refuse a proffered overdue rental installment and late fees, declare a default, and proceed according to paragraph 9 of this lease. In the event that any check, draft, or negotiable instrument by which LESSEE has tendered any rent payment is returned to the COUNTY and not honored, whether for insufficient funds or other reason, the COUNTY will be entitled to charge and collect, in addition to any applicable late payment fees as provided above, a fee of Twenty -five Dollars ($25.00) for such dishonored instrument. Such penalty fee shall also be in addition to the amount of rent due. The acceptance by the COUNTY of the rental payment plus any applicable late fee and penalties following the receipt of a dishonored instrument shall cure what would otherwise constitute a default under the terms of this lease. The COUNTY, at its option, however, may refuse any proffered rental installment and applicable late fees and penalties, declare a default, and proceed according to paragraph 9 of this lease. 4. LESSOR's Covenants The LESSOR hereby covenants and agrees with the LESSEE as follows: A. The LESSEE shall have reasonable ingress, egress and access privileges to the leased premises. B. The LESSEE, on keeping the covenants and agreements by him herein contained, shall have quiet and peaceful enjoyment of the demised premises without any interruptions by the LESSOR, or by any person or persons claiming by, through or under it. C. LESSEE shall be responsible for and shall properly maintain the leased premises, and upon termination of this lease, shall leave the premises in at least as good condition as at the time of the commencement of this lease, normal use and occupancy excepted. 5. LESSEE's Covenants. The LESSEE hereby covenants and agrees with the LESSOR as follows: A. LESSEE will only utilize the leased area to provide, ground transportation services as described in ATTACHMENT A; a copy of which is attached hereto. LESSEE is strictly prohibited from providing any other service from the leased area without fast obtaining written approval and entering into a written amendment to this agreement B. To pay the LESSOR the rent at the times and in the manner provided for by this lease. C. To make no improper or unlawful or offensive use of said premises, and to permit the Lessor or its agents to inspect the leased premises at all reasonable times for the purpose of viewing the condition thereof. D. Lessee covenants that he shall maintain and operate and use the premises in compliance with 49 CFR, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, as said Regulations may be amended. More particularly, Lessee covenants that: a) no person on the grounds of race, color, national origin, or sex shall be exclude from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the premises; and b) in the construction of any improvements on the premises and the furnishing of services thereon, no person on the grounds of race, color, national origin, or sex shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. c) LEESEE will comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975; as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd- 3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination based of disability; 10) Secs. 13 -101, et seq., Monroe County Code, relating to discrimination based on race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identify or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or State statutes which may apply to the parties to, or the subject matter 'of, this agreement. The LESSEE expressly understands that upon a determination by a court of competent jurisdiction that the LESSEE has discriminated against any person, this agreement automatically terminates without any further action on the part of any party, effective the date of the Court order. G. LESSEE expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the hereinafter described real property to such a height so as to comply with Federal Aviation Regulations, Part 77. H. LESSEE expressly agrees for itself, its successors and assigns to prevent any use of the hereinafter described real property which would interfere with or adversely affect the operation or maintenance of the airport, or otherwise constitute an airport hazard. I. This lease and all provisions hereof are subject and subordinate to the terms and conditions of the instruments and documents under which the Airport Owner acquired the subject property from the United States of America and shall be given only such effect as will not conflict or be inconsistent with the terms and conditions contained in the lease of such lands from the Airport Owner, and any existing or subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have been, or may hereafter be adopted by the Owner pertaining to the Florida Keys Marathon Airport. J. Notwithstanding anything herein contained that may be or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this agreement are nonexclusive and the LESSOR herein reserves the right to grant similar privileges to another LESSEE or other LESSEE on other parts of the airport. 6. Assignment. This lease agreement may not be assigned, or the premises subleased, without the written permission of the LESSOR. 7. I_ndemnification/Hold Harmless. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, LESSEE shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of, or in connection with a violation of any federal law or regulation, attorney's fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of LESSEE or any of its employees, agents, contractors or other invitees during the term of this lease, (B) the negligence or willful misconduct of LESSEE or any of its employees, agents, contractors or other invitees, or (C) LESSEE's default in respect of any of the obligations that it undertakes under the terms of this lease, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than LESSEE). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this lease, this Section will survive the expiration of the term of this lease or any earlier termination of this lease. 8. Insurance Requirements A. LESSEE will obtain or possess the following insurance coverage's and will provide Certificates of Insurance to LESSOR to verify such coverage: General Liability. LESSEE shall provide coverage for all premises and operations including Products and Completed Operations, Blanket Contractual Liability, Personal Injury Liability, and Expanded Definition of Property Damage. The limits shall not be less than: $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 Vehicle Liability. LESSEE shall provide coverage for all owned, non -owned and hired vehicles with limits of not less than: $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 Workers' ComQensation. LESSEE shall provide Worker's Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the LESSEE shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee B. The Monroe County Board of County Commissioners will be included as "Additional Insured" on all policies, except for Worker's Compensation, issued to satisfy the above requirements. C All insurance policies must specify that they are not subject to cancellation, non - renewal, material change, or reduction in coverage unless a minimum of thirty days prior notification is given to the Lessor by the insurer. D. The acceptance and/or approval of LESSEE's insurance shall not be construed as relieving LESSEE from any liability or obligation assumed under this lease or imposed by law. E. LESSEE shall maintain the required insurance throughout the entire term of this lease and any extensions which may be entered into. The LESSOR, at its sole option, has the right to request a certified copy of any and all insurance policies required by this lease. Failure to comply with this provision shall be considered a default and the LESSOR may terminate the lease in accordance with Paragraph 9. F. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and be approved by Monroe County Risk Management. 9. Default. Unless the LESSOR has accepted in writing a delay in performance of duties, the failure to perform said duties shall constitute a default under the terms of this lease. The failure of LESSEE to perform any of the covenants of this lease, which failure shall continue for a period of fifteen (15) days after notice thereof is given to LESSEE in writing by the LESSOR, shall also constitute a default under the terms of this lease. In the event of a default, LESSOR may, at its option, declare the lease forfeited and may immediately re-enter and take possession of the leased premises and this lease shall terminate. If it shall be necessary to employ the services of an attorney in order to enforce its rights under this agreement, the LESSOR shall be entitled to reasonable attorney's fees. Waiver of a default in any particular month shall not bind the LESSOR to forego the provisions of this paragraph and any subsequent default shall be grounds for termination. 10. Books. Records and Documents._ LESSEE shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the LESSOR or Clerk determines that monies paid to LESSEE pursuant to this Agreement were spent for purposes not authorized by this Agreement, the LESSEE shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to LESSEE. 11. Governing Law, Venue, Interpretation. Costs. and Fees This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the LESSOR and LESSEE agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The LESSOR and LESSEE agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 12. Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The LESSOR and LESSEE agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 13. Attorney's Fees and Costs The LESSOR and LESSEE agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out -of- pocket expenses, as an award against the non - prevailing party, and shall include attorney's fees, courts costs, investigative, and out -of- pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 14. Binding Effect The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the LESSOR and LESSEE and their respective legal representatives, successors, and assigns. 15. Authority Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. lb. Claims for Federal or State Aid LESSEE and LESSOR agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 17. Adiudication of Disoutes or Disagreements LESSOR and LESSEE agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This paragraph does not apply where a default has occurred under the provisions of this agreement. 18. Cooperation In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, LESSOR and LESSEE agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. LESSOR and LESSEE specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. A party who requests the other party's participation in accordance with the terms of this paragraph shall pay all reasonable expenses by the other party by reason of such participation. 19. Covenant of No Interest LESSOR and LESSEE covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that the only interest of each is to perform and receive benefits as recited in this Agreement. 20. Code of Ethics LESSOR agrees that officers and employees of the LESSOR recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 21. No Solicitation/Payment The LESSOR and LESSEE warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the LESSEE agrees that the LESSOR shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 22. Public Access The LESSOR and LESSEE shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LESSOR and LESSEE in conjunction with this Agreement; and the LESSOR shall have the right to unilaterally cancel this Agreement upon violation of this provision by LESSEE. 23. Non - Waiver of Immunity Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the LESSOR and the LESSEE in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the LESSOR be required to contain any provision for waiver. 24. Privileges and Immunities All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the LESSOR, when performing their respective functions under this Agreement within the territorial limits of the LESSOR shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the LESSOR. 25. Legal Ob6sations and Responsibilities Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the LESSOR, except to the extent permitted by the Florida constitution, state statute, and case law. 26. Non - Reliance by Non - Parties No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the LESSOR and the LESSEE agree that neither the LESSOR nor the LESSEE or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 27. Attestations LESSEE agrees to execute such documents as the LESSOR may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 28. No Personal Liability No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 29. Execution in Counterparts This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 30. Section Headings Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 31. Termination of Lease. During the term of this lease, either of the parties hereto may cancel this agreement without cause by giving the other party fifteen days written notice of its intention to do so. 32. Comlkwce with Rules and Regul ations. LESSEE shall comply with all State, Federal and County laws, statutes, ordinances, rules and regulations, including but not limited to the rules and regulations as set forth in the airport s minimum standards, as any of the same may be amended from time to time, all additional laws, statutes, ordinances, regulations and rules of the federal state and county governments, and any and all plans and programs developed in compliance therewith, which may be applicable to its operations, as any of the same may be amended from time to time, including specifically, without limiting the generality thereof, federal air and safety laws and regulations and federal, state, and county environmental, hazardous waste and materials and natural resources laws, regulations and permits and FAA Airport Improvement Program Grant Compliance requirements. 33. Mutual Review. This agreement has been carefully reviewed by LESSEE and LESSOR, therefore this agreement is not to be construed against either party on the basis of authorship. -I WHEREOF, the parties have caused this lease to be executed this 2 IA-' day of 2012. } ' BOARD OF COUNTY COMMISSIONERS SEAL A'rT,ST�. lNNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By . Deputy Clerk r Gie-tir Cn C-1 N `. C-) o CD r) ` = a By Mayor/Chairperson Keyho portation, Inc! Title SERVICES TAXI S ERVICE (MONROE COUNTY) • MARATHON SPECIAL EVENTS 011 OF AREA PLANNING AND REFERRAL • SERVICING ALI, AREA ,MARINAS, BOAT YARDS • WORK TRANSPORTATION (MARATHON ONLY) • 'rRANSPORTATION CO-ORDINATOR (ARRANGE FOR RENTAL. CAR, BUS, ETC'.) • WEDDING PARTY TRANSPORTATION • KEY WEST AND OLD TOWN DESTINATIONS SICHTSEEINC (RESERVATIONS ONLY) • MEDICAL AND PHARMACY DELIVERY • DE:LIVERV SERVICE • AIRPORT SERVICE TO: EVW, MIA, FLL, KITH, MARATHON .LET CENTER MARATHON CFNERAL AVIATION (PARTIES OF 7 OR MORE RESERVATIONS RECOMMENDED) 1., � 1 � �ti�J ri•'_ i►t�: l._.t ....fi'�21.;� :/•�' +l O�Fl4 tl {•�lry�,•:.11 3It�_It�tis.1 'rtarctht�u. ! i .i?I��tl K�•} h�•it! ►ci•fli avi.en�Ei 05.393.0146 2005 tdidon i MONROF COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of insurance Requirements, be waived or modified on the following contract. Contractor: � 1_ .. r �� — LLB � NC t I CA - b K! - Contract for: Address of Contractor: __- -.kc_ CbY 'QS _ ZctEL4�t l r' �t'rrf�n -- -- — - — Phone: Scope of Work: Reason for Waiver: Ole yr} tm / Yti'i /? �t'r.f ` � 2 C � j Policies Waiver ( ; D 7� �*�• cYi will apply to: l 1/ Signature of Contractor: Aparoved r` Not Approved Risk Management Date County Administrator appeal: Approved: _ Not Approved: Date: -- — -- Board of County Commissioners appeal: Approved: _ Not Approved: Meeting Date: Administration Instruction 17500 104 KeyHopper Transportation INC. 9200 Overseas Highway Marathon, FL 33050 March 9, 2012 Marathon Airport 9400 Overseas Highway Marathon, FL 33050 TO WHOM IT MAY CONCERN: Please accept our request to waive the current insurance requirement limits to lease space at the Marathon Airport. Enclosed is a copy of our current Liability limits with our current Companies, Granada and Ascendant. These limits meet the requirements stated in the Florida Statutes regarding transportation and livery in the State of Florida. Because this is a very small market and our fleet size is below 10 vehicles, we cannot increase our liability due to pricing. It would be impossible to afford double the amount of the insurance premium in this small market. Discounts are given to fleets State wide with larger fleet's size. Our current company does not even offer 1,000,000 liability for a fleet our size due to huge premium costs. Please take this into consideration. Sincerely, Patti A. Haws President KeyHopper Transportation INC. Enclosure . 324 r af'pfroVh19 ftnanctai for -hire passenger- tfemportation vehicles. — Notwithstanding the provisions of s. 324.031: (1)(a) A person who is either the owner or a lessee required to maintain insurance under s. 627.733(1)(b) and who operates one or more taxicabs, limousines, jitneys, or any other for -hire passenger transportation vehicles may prove financial responsibility by furnishing satisfactory evidence of holding a motor vehicle liability policy, but with minimum limits of $125,000/250,000/50,000. (b) A person who Is either the owner or a lessee required to maintain Insurance under s. 324.021(9)(b) and who operates limousines, jitneys, or any other for -hire passenger vehicles, other than taxicabs, may prove financial responsibility by furnishing satisfactory evidence of holding a motor vehicle liability policy as defined in s. 324.031. (2) An owner or a lessee who Is required to maintain insurance under s. 324.021(9)(b) and who operates at least 300 taxicabs, limousines, jitneys, or any other for -hire passenger transportation vehicles may provide financial responsibility by complying with the provisions of s. 324.171, such compliance to be demonstrated by maintaining at its principal place of business an audited financial statement, prepared in accordance with generally accepted accounting principles, and providing to the department a certification issued by a certified public accountant that the applicant's net worth Is at least equal to the requirements of s. 324.171 as determined by the Office of Insurance Regulation of the Financial Services Commission, including claims liabilities in an amount certified as adequate by a Fellow of the Casualty Actuarial Society. Upon request by the department, the applicant must provide the department at the applicant's principal place of business in this state access to the applicant's underlying financial information and financial statements that provide the basis of the certified public accountant's certification. The applicant shall reimburse the requesting department for all reasonable costs incurred by it in reviewing the supporting information. The maximum amount of self - insurance permissible under this subsection is $300,000 and must be stated on a per- occurrence basis, and the applicant shall maintain adequate excess insurance issued by an authorized or eligible insurer licensed or approved by the Office of Insurance Regulation. All risks self- insured shall remain with the owner or lessee providing it, and the risks are not transferable to any other person, unless a policy complying with subsection (1) is obtained. History. —ss. 2, 3, ch. 95 -262; s. 4, ch. 2002 -282; s. 364, ch. 2003 -261; s. 81, ch. 2003- 267; s. 48, ch. 2006 -290. _.. _ jE AI:111:11® _CERTIFICATE ®F INSURANCE 4A/23/12 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Neptune Mangement Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6400 Overseas Hwy. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite C COMPANIES AFFORDING COVERAGE Marathon, FL 33050 COMPANY_ _ INSURED Key Hopper Transporatation Inc. 9200 Overseas Highway Marathon, FL 33050 ;COVERAGES i 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE (MM/DD/YY) i GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR OWNER'S & CONT PROT 8 P O w rO" AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS FfIRED autos FH- 3 5 0 9- 0 1 2/ 1 0/ 1 1 NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY -- UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG $ PERSONAL & ADV INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ COMBINED SINGLE LIMIT $ N/A BODILY INJURY $ 125,000 (Per person) BODILY 1 2/1 0/1 2 (Per accident)INJURY acciden)RY $ 250,000 INCL PARTNERS/EXECUTIVE - -- OFFICERS ARE: EXCL OTHER PROPERTY DAMAGE $ 50,000 AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EACH OCCURRENCE $ AGGREGATE $ STATUTORY LIMITS EACH ACCIDENT $ DISEASE -POLICY LIMIT $ DISEASE - EACH EMPLOYEE $ DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLES/SPECIAL ITEMS 2001 Ford Crown Vic 2FAFP71W01X153102 1999 Lincoln Sedan 1LNHM97V4XY692025 2002 Oldsmoblie 1GHDX23E72D170930 ; CERTIFICATE HOLDER / ADDITIONALLY INSURED CANCELLATION Monroe County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Commissioners EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Monroe County 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1100 Simonton Street BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Key West, FL 33040 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Q�� 1 C 2)�<�H ACORD 25-S (3/93) O ACORD CORPORATION 1993 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DONYYY) PRODUCER 35 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PROFESSIONAL INSURANCE CENTER, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2003 W. KE2W3DY BLVD. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TAMPA, FL 3360E INSURERS AFFORDING COVERAGE I NAIC # INSURED J=OPPER TRANSPORTATION INC INSURER A: GRAZWA INS CO ' 16870 DBA. JCrM0PPER ; INSURER B: PO BOX 273 INSURER C: TAVMLNIER, FL 33070 INSURER D: FZjm01 I INSURER E: :AVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR ADO POLICY NUMBE3R POLICY EFFECTIVE POLICY EXPIRATION UMTTS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLA)MSMADE OCCUR j ; -. _ . . ....... ........ EACH OCCURRENCE S PDRAM I Ncu Dn e 9 1 MEDEXP(Anyone personl S .PERSONAL& AOwiNJURY_ 5-- ------ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC I PROOUCTS - COMP/OP AGG 9 I j A Ij AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNEO AUTOS 018SPL00016896-2 APPRO BY DA W _ 10110612012 0110612013 I COMBINED SINGLE LIMIT (EaacddertE) S 300000 BODILYINJURY (Per person) $ X BODILY INJURY (Per accident) 9 PROPERTY DAMAGE (Per accident) $ GARAGE UABIUTY ANYAUTO I I AUTO ONLY- EA ACCIDENT 9 EA ACCOTHERTHAN AUTO ONLY: AGG S S 3 EXCFSSIUMBREI LA UABB=TY u OCCUR 71 CLAIMSMADE DEDUCTIBLE RETENTION $ j EACH OCCURRENCE S AGGREGATE S S 8 WORKERSCOMPENSATIONAND EMPLOYERS LIABILITY ANY PROPRIETORIPARTNER/EXECUTNE OFRCER/MEMBER EXCLUDED? L PROeunder SPECIIf ves,AL SPECIAL PROVISIONS below WCSTATU ! �OTFI E.L.ACH ACCIDENT ! 9 _. E.L. DISEASE - EA EMPLOYEE' S E.L. DISEASE- POLICY LIMIT � S OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDEEO BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER IS AN ADDITIONAL INSURED (SEE VEHICLE SCHEDULE) %ICX%I IrwK 1 c nuLum CANCELLATION 10 -DAY NOTICE FOR NON-PAYDlSNT OF PRFFFN SHOULD ANY OF THE E DESCRIBED PO CELLED BEFORE THE EXPIRATION MONROE COUNTY BOARD OF COUNTY DATE THEREOF. NG 1 LL ENDEAVO TO MAIL 30 DAYS WWn-EN cofflassZONERS NOTICE TO C CATE HO ED T BUT FAILURE TO 00 SO SHALL 9400 OVERSEAS HIGHWAY IMPOSE 0 TION OR OF ANY UPON THE INSURER, as AGENTS OR STE 200 A X&RATHON, FL 33050 RD:BD BR ACORD 25 (2001108) o ACORD CORPORATION 198E Professional Insurance Center, Inc. Vehicle List Operating Date: 03/31/2012 Agency: 1 Div: 1 Dept: All Company: IKEYFiOPP= TRANSPORTATION LITC Ins Cd Named Insured LOB Policy No. Year Make version ------ ------------- ------------ ---- ---- ------- =01 =- OPPER TRANSPORTATION LTC AUTOS 0185FL00016896-2 1 1299 LINCOL.V 2012 CHRYSLER z Page 1 Clock Date: 04/11/2012 0 15:42 Model VIN TOWNCAR 1LNHM82W6XY'704069 TOWN « COUNTRY 2C4RClHG6CR260671 E(MMIDD/YVYV1 AC'�:., CERTIFICATE OF LIABILITY INSURANCEI OAT PRODUCER 36 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PROFESSIONAL INSURANCE CSNTSR, ONLY AND CONFERS NO' RIGHTS UPON THE CERTIFICATE ' HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2003 W. RSNN'SDY BLVD. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TAMPA, FL 33606 INSURERS AFFORDING COVERAGE NAIC# INSURED REYHOPPER TRANSPORTATION INC INSURER A: GRANADA INS CO 16870 DBA: REYFIOPPER INSURER B; PO BOX 273 INSURER C: TAVERNIER, FL 33070 ­.. witvrs w wrn 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. i INSR POLICY NUMBER POLICY EFFECTR/E POUCYEXPIRATION LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMSMAOE © OCCUR 01$SPZ00035347 0510112012 0510112013 EACH OCCURRENCE OA —A7t TO REkTEI PR MI .r n 8 500000 8 100000 MEDEXP(Anyonepersonl� S 5000 PERSONAL & ADV INJURY $ 500000 GEN'L AGGREGATE LIMIT APPLIES PER: ElPOLICY 7�r?0LOC GENERAL AGGREGATE 4 500000 PRODUCTS- COMP(OPAGG 4 AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNEDAUTOS �O BY �` j COMBINED SINGLE LIMIT (I accident) 4 10DILYINJURY (Per person) 4 BODILY (Par ilecWent)ent} 4 FROPERTY DAMAGEer•ccldbnt) GARAGE LIABILITY ANY AUTO AUTO ONLY -EA ACCIDENT 4 OTHER THAN EA ACC AUTOONLY: AGG 4 4 EXCMA)MBRELLA LIABBJTY OCCUR CLAIMSMAOE DEDUCTIBLER_ RETENTION 4 EACH OCCURRENCE $ AGGREGATE $ 4 4 4 WORKERSCOMPENSATIONAND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERMXECUTIVE OFRCER/MEMBER EXCLUDED? Ifiyo•,desalbeunder CIAL PROVISIONS below I WCSTATU• OTH• ER .I. EACH ACCIDENT $ L. DISEASE - EA EMPLOYEE 4 E.L. DISEASE - POLICY LIMIT 4 OTHER i DESCRIPTION OF OPERATIONS / LOCATION$ ! V&NCLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CSRTIFICATS MOLDER IS LISTED AS ADDITIONAL INSURED (LANDLORD)-9400 OVERSEAS HWY. — MARATHON - FL 33050. f�C�TIC�w wTr ----- --_""--• '%,AIV4.CLLAI1UPa It) —DAY NOTICE FOR NON—PAYMENT OF PREM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION I NONROS COUNTY BOARD OF COUNTY COMMISSIONERS DATE THEREOF, THE ISSUING INSURER, WILL ENDEAy2RerO MAIL 30 DAYS WRITTEN 1100 SZMTON STREET NOTICE TO THE FICATE HOLDER NAMED HE LEFT, T FAILURE TO DO $O SHALL KEYWSST, FL 33040 IMPOSE NO 8l ATION OR LlAWLlrr'9_F KIND UPON EINSURER, tf5 AGENTS OR