Item D16C oun t y of Monr
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
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Mayor Pro Tern Sylvia J. Murphy, District 5
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Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
December 13, 2017
Agenda Item Number: D.16
Agenda Item Summary #3703
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Donald DeGraw (305) 809 -5200
none
AGENDA ITEM WORDING: Approval of a Lease Agreement with Fishermen's Health, Inc.
d/b /a Fishermen's Community Hospital for the construction of a temporary hospital facility at the
Florida Keys Marathon International Airport.
ITEM BACKGROUND: On September 10, 2017, Hurricane IRMA caused serious damage to
Fishermen's Hospital which will require a significant amount of time to be repaired or rebuilt. In
order to provide hospital service in the middle keys during this time, the Hospital needs a site to
construct a temporary hospital facility. There is undeveloped property available at the Florida Keys
Marathon International Airport.
PREVIOUS RELEVANT BOCC ACTION:
The matter was discussed at the BOCC meeting on November 14, 2017 and the BOCC directed staff
to bring back detailed information to the December meeting.
CONTRACT /AGREEMENT CHANGES:
New four year lease agreement for the Hospital to construct a temporary hospital facility at their sole
cost and expense.
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Fishermen's Hospital
FINANCIAL IMPACT:
Effective Date: 12/13/2017
Expiration Date: 12/12/2021
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount: $1.00 /yr.
REVIEWED BY:
Beth Leto
Completed
12/04/2017 3:33 PM
Donald DeGraw
Completed
12/04/2017 3:37 PM
Pedro Mercado
Completed
12/04/2017 3:46 PM
Budget and Finance
Completed
12/04/2017 4:50 PM
Maria Slavik
Completed
12/05/2017 7:17 AM
Kathy Peters
Completed
12/05/2017 8:54 AM
Board of County Commissioners
Pending
12/13/2017 9:00 AM
LEASE AGREEMENT
THE FLORIDA KEYS MARATHON INTERNATIONAL AIRPORT
FISHERMEN'S HEALTH, Inc. d/b /a FISHERMEN'S COMMUNITY HOSPITAL.
THIS CONTRACT OF LEASE is made and entered into this 13 day of December
2017, by and between MONROE COUNTY, a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, hereinafter referred to as
"COUNTY" or "LESSOR" and FISHERMEN'S HEALTH, Inc. d/b /a FISHERMEN'S
COMMUNITY HOSPITAL, a Florida Not For Profit Corporation (hereafter "Fishermen's "),
whose address is 3301 Overseas Highway, Marathon, Florida, 33050, hereinafter referred to as
"LESSEE ".
WHEREAS, the COUNTY owns property known as the The Florida Keys Marathon
International Airport, located in Marathon, Monroe County, Florida, hereinafter referred to as
"Airport"; and
and
WHEREAS, LESSEE's hospital facility was seriously damaged during Hurricane Irma;
WHEREAS, Fishermen's Community Hospital is the only hospital available in the
middle keys to serve the citizens of the middle keys and the City of Marathon; and
WHEREAS, LESSEE desires to lease an undeveloped parcel of property on the Airport
for the placement of a temporary hospital site while LESSEE's facility is repaired; and
WHEREAS, the County finds that the best interests of the citizens of the middle keys
and the City of Marathon are served by the placement of a temporary hospital site at the
Marathon Airport; now, therefore
IN CONSIDERATION of the premises and of the mutual covenants and agreements
herein contained, and other valuable considerations, COUNTY does hereby grant and lease unto
LESSEE and LESSEE does hereby lease from COUNTY, certain premises, rights and privileges
as follows, to wit:
1. Premises The COUNTY does hereby lease to LESSEE, and LESSEE leases from the
COUNTY, an undeveloped 300' x 330' parcel of land located at the Florida Keys Marathon
International Airport approximately 76,000 square feet, hereafter the premises, as described in
Lease Attachment Exhibit - #1 attached hereto and incorporated herein.
LESSEE is authorized to construct a temporary hospital facility in accordance with FAA
aeronautical study final determination condition requirements (FAA form 7460). NO
AERONAUTICAL COMMERCIAL ACTIVITY OF ANY TYPE WHATSOEVER MAY BE
UNDERTAKEN BY LESSEE WITHOUT THE PRIOR WRITTEN APPROVAL OF THE
COUNTY.
The hospital facility is to be built at the sole cost and expense of LESSEE.
LESSEE SHALL NOT COMMENCE THE CONSTRUCTION OF THE FACILITY
UNTIL A FAA FORM 7460 -1, NOTICE OF PROPOSED CONSTRUCTION OR
ALTERATION HAS BEEN FILED, REVIEWED AND APPROVED BY THE FAA.
THE LESSEE WILL RECEIVE WRITTEN NOTIFICATION FROM THE COUNTY
WHEN THE FAA 7460 -1 REVIEW HAS BEEN APPROVED. THIS WILL SERVE AS
NOTICE TO PROCEED WITH THE COMMENCEMENT OF THE FACILITY
CONSTRUCTION.
LESSEE shall be responsible for ANY AND ALL COSTS, EXPENSES AND
PERMITTING requirements associated with this project.
LESSEE shall be responsible for ANY AND ALL COSTS, EXPENSES AND
PERMITTING requirements associated with Airport security fence and/or vehicular /pedestrian
gate removal/installation/relocation.
2. Term. The term of the lease is for four (4) years beginning on the effective date of
this lease agreement, with an option, at LESSEE discretion, to renew for one additional one (1)
year term under the same rate agreement in paragraph 3. Development of the parcel must begin
within 12 months of the effective date of this agreement. Unless extended in writing, THIS
LEASE TERMINATES 1 YEAR AFTER THE EFFECTIVE DATE OF THE AGREEMENT IF
DEVELOPMENT HAS NOT COMMENCED. For purposes of this agreement, development
will be deemed to have commenced when LESSEE submits a completed conditional use permit
application for construction of the temporary hospital facility. A copy of the completed
application shall also be provided to the Florida Keys Marathon Airport Manager.
3. Rent The rent for the premises shall be $1.00 per year, plus applicable sales tax.
4. Termination.
4.1 This Agreement may be terminated by the LESSEE upon 30 days written notice.
4.2 This Agreement may be terminated at the discretion of the COUNTY in the
following circumstances:
a) LESSEE fail to pay the rent when due;
b) LESSEE fail to obtain the insurance required under this lease or allows the
required insurance coverage to lapse or fall below the minimum required;
c) LESSEE otherwise breaches the terms of this lease.
d) Cancellation is required to accommodate future Airport growth, or
e) Cancellation is required due to F.A.A. requirements.
Unless the COUNTY has accepted in writing a delay in performance of duties, the failure
to perform said duties shall constitute a default/breach under the terms of this agreement. In the
case of the default/breach occurrences described in subparagraphs 4(a), (b), or (c), the County's
Florida Keys Marathon Airport Manager shall first give the LESSEE a written notification
stating the default/breach. The LESSEE shall be notified that he has 10 days to correct the
default/breach. If the nature of the default/breach is such that it cannot be cured in 10 days, the
LESSEE shall inform the COUNTY in writing of the reason why the default/breach cannot be
cured in 10 days and shall provide a written plan showing how the default/breach will be cured
in a timely manner. If the LESSEE has not corrected the default/breach at the end of the 10 days
or if the LESSEE has provided a cure plan, which the LESSEE has failed to timely and diligently
execute, then the COUNTY may cancel the lease in its discretion. In the case of cancellation
occurring as described in subparagraphs 4(d) and (e), COUNTY shall provide LESSEE 90 days
notice. In the event of cancellation occurring as described in subparagraphs 4(d) and (e) the
COUNTY, at COUNTY expense, shall relocate the LESSEE's hangar to an alternate site in
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accordance with Florida Keys Marathon Airport ALP. If an alternate site at the airport is not
available, the COUNTY will purchase the LESSEE's lease hold at fair market appraisal value.
5. Leasehold Improvements and Use. LESSEE shall have the right to occupy the
premises as described in Lease Attachment Exhibit - #1. Any improvements that may have an
impact on airport use, safety, capacity, efficiency, etc., must be approved by the Director of
Airports or his designee in writing.
6. Right of Ingress and Egress LESSEE, its agents, employees, customers, suppliers,
and patrons shall have the right of ingress and egress to and from the leased premises, which
shall not be unreasonably restricted by COUNTY.
7. Utilities. LESSEE is responsible for the cost of connection and payment of all
telecommunications, electrical, sewer, water and solid waste collection service and/or lines for
the premises. LESSEE is also responsible for any connection or development fees associated
with connection to any of the utility services.
8. Assignment. The premises leased hereunder may not be sublet prior to the
completion of the proposed building project. The premises leased hereunder along with the
improvements thereon and this lease may not be assigned without the written consent of the
COUNTY.
9. Maintenance of Premises. During the term of this lease, LESSEE is responsible for
all maintenance and repairs, including major repairs such as structural work and roof
replacement and replacement of the building if destroyed. All repairs and replacement must be of
the same or better quality as the original work and conform to all applicable building codes.
LESSEE shall be responsible for and shall properly maintain the leased premises, and upon the
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.
10. Rights of County. The COUNTY shall have the absolute right, without
limitation, to repair, reconstruct, alter or add to any structure and facilities at the Airport, or to
construct new facilities at the Airport. The COUNTY shall, in the exercise of such right, be free
from any and all liability to the LESSEE for business damages occasioned during the making of
such repairs, alterations and additions, except those occasioned by the sole act of negligence of
the COUNTY, its employees or agents.
The COUNTY and its authorized officers, employees, agents, contractors, subcontractors
and other representatives shall have the right to enter upon the leased premises for the following
purposes:
a) to inspect the leased premises at reasonable intervals during regular
business hours (or at any time in case of emergency) to determine whether Lessee has complied
and is complying with the terms and conditions of this agreement with respect thereto;
b) to perform essential maintenance, repair, relocation, or removal of the
existing facility if owned by the County, structure if owned by the County, perimeter security
fence, underground and overhead wires, pipes, drains, cables and conduits now located on, under
or across the leased premises, and to construct, maintain, repair, relocate, and remove such
facilities in the future as necessary to carry out the Master Plan of development of the Airport;
provided, however, that said work shall in no event unduly interfere with the operations of
LESSEE and, provided further, that the entire cost of such work, as a result of the exercise by the
COUNTY of its rights hereunder shall be borne by the COUNTY.
11. Rights Reserved. Rights not specifically granted to LESSEE by this Agreement
are reserved to the COUNTY
12. Indemnification/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, attorneys' 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 on the Airport during the term of this AGREEMENT, (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.
13 Insurance Requirements Prior to the commencement of work governed by this
contract (including the pre - staging of personnel and material), LESSEE shall obtain, at
LEESSE's own expense, insurance as specified in attachment A.
LESSEE shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either
• Certificate of Insurance or a Certified copy of the actual insurance policy.
The COUNTY, at its sole option, has the right to request a certified copy of any or
all insurance policies required by this contract.
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 (30) days
prior notification is given to the County by the insurer.
The acceptance and/or approval of LESSEE's insurance shall not be construed as
relieving LESSEE from any liability or obligation assumed under this contract or
imposed by law.
The Monroe County Board of County Commissioners, its employees and officials
will be included as "Additional Insured" on all policies, except for Workers'
Compensation.
Damage to uninsured improvements; In the event that any improvements made by the
LESSEE to the premises are damaged and/or destroyed, LESSEE, at LESSEE's sole expense,
shall rebuild the improvements to their pre -loss state within two years of the date of the
occurrence of the event that destroyed or damaged the improvement. If the LESSEE fails to
restore the improvements to its pre -loss state or the improvements are damaged beyond repair,
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LESSEE, at LESSEE's sole expense, shall be responsible for demolition and restoration of the
leased property to its original condition. If the LESSEE fails to restore the improvements to their
pre -loss state within the allotted two year period, the County may, at its sole discretion, terminate
the lease effective upon the second anniversary of the date of occurrence of the event that
destroyed or damaged the improvement. LESSEE will be required to pay the full amount of the
rent throughout this period.
14. 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.
15. Rules and Regulations
A. COMPLIANCE LESSEE shall comply all reasonable rules and regulations with
respect to use of Airport property, as 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, 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.
B. VIOLATIONS. LESSEE agrees to pay on behalf of the COUNTY any penalty,
assessment, or fine, issued against the COUNTY, or to defend in the name of the COUNTY any
claim, assessment, or civil action, which may be presented or initiated by any agency or office of
the federal, state, or county governments, based in whole or substantial part upon a claim or
allegation that LESSEE, its agents, employees or invitees have violated any law, ordinance,
regulation, rule or directives described in 15(A) above.
16. Governing Law, Venue, Interpretation 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 COUNTY and LESSEE agree that venue
will lie in the appropriate court or before the appropriate administrative body in Monroe County,
Florida.
The COUNTY 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.
17. Entire Agreement This writing embodies the entire agreement and
understanding between the parties hereto, and there are no other agreements or understandings,
oral or written, with reference to the subject matter hereof that are not merged herein and
superseded hereby. Any amendment to this Agreement shall be in writing, approved by the
Board of County Commissioners, and signed by both parties before it becomes effective.
18. 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
5
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 COUNTY 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.
19. Attorney's Fees and Costs The COUNTY 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.
20. Binding Effect The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the COUNTY and LESSEE and their respective legal
representatives, successors, and assigns.
21. 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.
22. Claims for Federal or State Aid LESSEE and COUNTY 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.
23. Adiudication of Disputes or Disagreements COUNTY 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.
24. 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, COUNTY 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. COUNTY and
LESSEE specifically agree that no party to this Agreement shall be required to enter into any
arbitration proceedings related to this Agreement.
25. Nondiscrimination. COUNTY and LESSEE agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
31
terminates without any further action on the part of any party, effective the date of the court
order. LESSEE agrees to 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 patient 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
maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10)
Sections 13 -101, et seq., Monroe County Code, relating to discrimination based on race, color,
sex, religion, disability, national origin, ancestry, sexual orientation, gender identity 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.
26. Covenant of No Interest COUNTY 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.
27. Code of Ethics COUNTY agrees that officers and employees of the COUNTY
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.
28. No Solicitation/Payment The COUNTY 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 COUNTY 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.
29. Public Access The COUNTY 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
7
by the COUNTY and LESSEE in conjunction with this Agreement; and the COUNTY shall have
the right to unilaterally cancel this Agreement upon violation of this provision by LESSEE.
30. Non - Waiver of Immunity Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the COUNTY 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 COUNTY be required to
contain any provision for waiver.
31. 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 COUNTY, when performing their respective functions
under this Agreement within the territorial limits of the COUNTY 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 COUNTY.
32. Legal Obligations 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 COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law.
33. 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
COUNTY and the LESSEE agree that neither the COUNTY 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.
34. Attestations LESSEE agrees to execute such documents as the COUNTY may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -
Free Workplace Statement.
35. 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.
36. Personal Property. Any personal property of LESSEE, their agents, assigns, or
invitees placed in the premises of the Airport shall be at the sole risk of the LESSEE or owners
thereof, and the COUNTY shall not be liable for any loss or damage.
MI
37. Federal Subordination This Agreement shall be subordinate to the provisions
of any existing or future agreement between the COUNTY and the United States of America
relative to the operation and maintenance of the Airport, the execution of which has been or may
be required as a condition precedent to the expenditure of federal funds for the development of
the Airport. All provisions of this Agreement shall be subordinate to the right of the United
States of America.
38. 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.
39. 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.
40. Cancellation of Agreement. COUNTY may cancel this lease agreement by giving
LESSEE sixty (60) days advanced written notice upon the happening of any of the following
events: the appointment of a receiver of LESSEE assets; the divesting of LESSEE's leasehold
estate by other operation of law; the abandonment by LESSEE of the premises for a period of
sixty (60) days. By the end of the sixty (60) day notice period, LESSEE shall have vacated the
premises and the COUNTY may immediately re -enter and take possession of same. If it is
necessary to employ the services of an attorney in order to enforce the COUNTY's rights under
this paragraph, the COUNTY shall be entitled to reasonable attorney's fees.
41. Mutual Review. This agreement has been carefully reviewed by LESSEE and the
COUNTY, therefore this agreement is not to be construed against either party on the basis of
authorship.
42. FAA Requirements. The parties shall comply with FAA Required Lease Clauses,
which are listed in Exhibit "2 ", attached hereto and made a part hereof.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
IN WITNESS WHEREOF, the parties have caused this lease to be executed this day of
, 201_.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
0
Deputy Clerk
WITNESSES:
i
Mayor /Chairperson
FISHERMEN'S HEALTH, Inc. d/b /a
FISHERMEN'S COMMUNITY
HOSPITAL
By
Title
10
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may
not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
I have read the above and state that neither
(Respondent's name) nor any Affiliate has been placed on the convicted vendor list
within the last 36 months.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribe and sworn to (or affirmed) before me on
(date) by
(name of affiant). He /She is
personally known to me or has produced
(type of identification) as identification.
11
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
warrants that he /it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10 -1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10 -1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
(signature)
Date:
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his /her
signature (name of individual signing) in the space provided above on this day of
20
NOTARY PUBLIC
My commission expires:
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Exhibit 2
FAA REQUIRED LEASE CLAUSES
1. This lease shall be subject to review and re- evaluation at the end of each 1 year period,
by the airport owner and the rent may be adjusted according to their action, not to exceed
the Consumer Price Index rate during the last 12 month period, or;
Land less improvements will be appraised every 5 years and the adjusted rental will be
based on normally 10 -12 percent of the appraised value. If disputed, lessor obtains
appraisal at his expense and lessor /lessee equally share expense for review appraisal that
establishes fair market value.
2. The tenant for himself, his 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 said
facilities, (2) that in the construction of any improvements on, over or under such land
and the furnishing or services thereon, 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 tenant shall use the premises 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, Airport
Owner shall have the right to terminate the lease and to re -enter and as if said lease had
never been 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.
3. It shall be a condition of this lease, that the lessor reserves unto itself, its successors and
assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in
the airspace above the surface of the real property hereinafter described, together with the
right to cause in said airspace such noise as may be inherent in the operation of aircraft,
now known or hereafter used, for navigation of or flight in the said airspace, and for use
of said airspace for landing on, taking off from or operating on the airport.
That the Tenant 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.
14
That the 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.
4. This lease and all provisions hereof are subject to any ordinances rules or regulation
which have been, or may hereafter be adopted by the Airport Owner pertaining to the
Florida Keys Marathon International Airport.
5. 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 Lessees on parts of the airport.
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2015 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Commercial 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 Injury Liability
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its o
provisions should include coverage for claims filed on or after the effective date of this contract. a
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In addition, the period for which claims may be reported should extend for a minimum of twelve
(I2) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on w
all policies issued to satisfy the above requirements. i
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PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work govemed by this contract involves the furnishing of advice or services
of a professional nature, the Contractor shall purchase and maintain, throughout the life of the
contract, Professional Liability Insurance which will respond to damages resulting from any
claim arising out of the performance of professional services or any error or omission of the
Contractor arising out of work governed by this contract.
The minimum limits of liability shall be:
$1,000,000 per Occurrence/$2,000,000 Aggregate
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VEHICLE LIABILITY
INSURANCE REQUIREMENTS
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, shall 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:
51,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 140,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on Q
all policies issued to satisfy the above requirements.
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WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
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 Workers'
Compensation state statutes and the requirements of Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$1,400,000 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.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- a
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be Q
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.
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If the Contractor participates in a self - insurance fund, 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.
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