Item C13
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ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
April 20, 2016
Agenda Item Number: C.13
Agenda Item Summary #1537
BULK ITEM: DEPARTMENT:
Yes Airports
TIME APPROXIMATE:STAFF CONTACT:
Beth Leto (305) 809-5239
None
AGENDA ITEM WORDING:
Approval to update the existing Master Lease Agreement between
Monroe County and Coast FBO, LLC (Marathon General Aviation), consolidating previous lease
Marathon General Aviation is one of two full service Fixed Based Operators (FBO) on the airfield
and they primarily serve small piston powered general aviation aircraft.
ITEM BACKGROUND:
predecessors to provide fixed base operations service at the F
The original leasehold has been conveyed on more than one previous occasion and the lease has
been assigned to the current owners of the FBO. This lease has become very complicated and
cumbersome due to 2 amendments, 5 extensions and several consents to assignment. For the
purpose of clarity and ease of reference, the parties desire to terminate all of the previously executed
documents, consolidate the terms, covenants and conditions into a single master lease document. In
addition, the updated lease amendment will extend the substantial completion date from May 13,
2016 to May 13, 2017 of the East Hangar. If the East Hangar is occupied or substantially completed
the lease shall be extended to April 5, 2041, if the East Hangar is not occupied or substantially
completed, the lease shall terminate on April 5, 2018.
PREVIOUS RELEVANT BOCC ACTION:
April 6, 1998 - Original Lease Agreement.
December 19, 2001, April 15, 2009 - Lease Amendments.
March 17, 2010, Sept. 15, 2010, March 16, 2011, March 21, 2012, and April 16, 2014 - Extensions
of time for proposed hangar construction.
CONTRACT/AGREEMENT CHANGES:
Approval to update the existing Master Lease Agreement between the Monroe County and the
Marathon General Aviation
DOCUMENTATION:
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Marathon Fixed Base Operator Agreement
Mara - Coast FBO - Repalcement Master Lease Exhibit A March 2016
Mara - Coast FBO - Repalcement Master Lease Exhibit B March 2016
Mara - Coast FBO - Repalcement Master Lease Exhibit C March 2016
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
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
If yes, amount:
$11,411.11 monthly plus $0.10 per gallon of fuel sold.
Grant:
County Match:
Insurance Required:
Additional Details:
N/A
04/20/16 NEW COST CENTER ADDED $11,411.11
Revenue producing/amount per month plus $0.10 per gallon of fuel sold.
STAFF RECOMMENDATION:
Approval
REVIEWED BY:
Donald DeGraw Completed 04/01/2016 3:55 PM
Pedro Mercado Completed 04/04/2016 9:18 AM
Budget and Finance Completed 04/04/2016 9:22 AM
Maria Slavik Completed 04/04/2016 9:52 AM
Beth Leto Completed 04/05/2016 9:42 AM
Kathy Peters Completed 04/05/2016 5:02 PM
Board of County Commissioners Pending 04/20/2016 9:00 AM
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EXHIBIT C
BOCC
APRIL 20, 2016
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Airport/Aircraft Activities
Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material), the FBOshall obtain, at his/her own expense, insurance as specified in
the attached schedules, which are made part of this contract. The FBOwill ensure that the
insurance obtained will extend protection to all Contractors/Sub-Contractors engaged by the
FBO.
The FBOwill not be permitted to commence work governed by this contract (including pre-
staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the County as specified below.
The FBOshall maintain the required insurance throughout the entire term of this leaseand any
extensions specified in any attached schedules. Failure to comply with this provision may result
in the immediate suspension of all activities conducted by the FBOand it’sContractors/Sub-
Contractorsuntil the required insurance has been reinstated or replaced.
The FBOwill be held responsible for all deductiblesand self-insuredretentions that may
be contained in the FBO’s Insurance policies.
The FBOshall 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 lease.
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 the FBO's insurance shall not be construed as relieving the
FBOfrom any liability or obligation assumed under this contract or imposed by law.
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The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
Request for Waiver of Insurance Requirements
County prepared form entitled "" and
approved by Monroe County Risk Management.
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EXHIBIT C
BOCC
April 20, 2016
ALL RISK PROPERTY
INSURANCE REQUIREMENTS
FOR
LEASES/RENTALS OF
COUNTY-OWNED PROPERTY
________________________________
Prior to the Lessee occupying the leased property that is the subject of this agreement, the Lessee
shall obtain All Risk Property Insurance (to include the perils of Flood and Wind) with limits no
less than the Full Replacement Cost Value of all structures/improvements currently located on
the leased property and all structures/improvements that will be constructed by the FBO in the
future. Coverage shall be maintained throughout the life of the lease and shall include, as a
minimum, coverage for:
FireLightningVandalism
Sprinkler LeakageSinkhole CollapseFalling Objects
WindstormSmokeExplosion
Civil CommotionAircraft and Vehicle DamageFlood
The Monroe County Board of County Commissioners shall be named as Loss Payee on all
policies issued to satisfy the above requirements.
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EXHIBIT C
BOCC
April 20, 2016
AIRPORT LIABILITY
AND
HANGARKEEPERS LEGAL LIABILITY
INSURANCE REQUIREMENT
LEASES/RENTALS OF
COUNTY-OWNED PROPERTY
Recognizing that the work governed by this contract involves the repair, servicing, maintenance,
fueling, or storage of aircraft, the FBOwill be required to purchase and maintain, throughout the
life of the contract, Airport Liability and Hangarkeepers Legal Liability Insurance naming the
Monroe County Board of County Commissioners as Additional Insured.
The minimum limits of liability shall be $5 million.
The FBO shall also purchase Non-owned Aircraft Liability Insurance with minimum limits of
$5,000,000.
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EXHIBIT C
BOCC
April, 20,2106
POLLUTION LIABILITY
INSURANCE REQUIREMENTS
FOR
LEASES/RENTALS OF
COUNTY-OWNED PROPERTY
_____________________________________
Recognizing that the work governed by this contract involves the storage, treatment, processing,
or transporting of hazardous materials,the FBOshall purchase and maintain, throughout the life
of the contract, Pollution/Environmental Liability Insurance which will respond to bodily injury,
property damage, environmental damage, contamination, remediation, restoration, clean-up
costs, and defense caused by, as a result of, or arising from a pollution incident.
The minimum limits of liability shall be:
$1,000,000 per Occurrence/$2,000,000 Aggregate
If coverage is provided on a claims made basis, an extended claims reporting period of four (4)
years will be required.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
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EXHIBIT C
BOCC
April 20, 2016
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
LEASES/RENTALS OF
COUNTY-OWNED PROPERTY
______________________________
Recognizing that the work governed by this contract requires the use of vehicles, the FBO, 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:
$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
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
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EXHIBIT C
BOCC
April 20, 2016
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
LEASES/RENTALS OF
COUNTY-OWNED PROPERTY
__________________________________
Prior to the commencement of work governed by this contract, the FBO 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 FBO shall obtain Employers' Liability Insurance with limits of not less than:
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury byDisease, 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 FBO has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the FBO's status. The FBO may be required to
submit a Letter of Authorization issued by the Department of Labor and a Certificate of
Insurance, providing details on the FBO's Excess Insurance Program.
If the FBO participates in a self-insurance fund, a Certificate of Insurance will be required. In
addition, the FBO may be required to submit updated financial statements from the fund upon
request from the County.
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