Loading...
Item J2 } J.2 `, Coin of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS County Mayor Michelle Coldiron,District 2 �1 `ll Mayor Pro Tem David Rice,District 4 -re Florida.Keys ��� � � Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting February 17, 2021 Agenda Item Number: J.2 Agenda Item Summary #7774 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200 No AGENDA ITEM WORDING: Ratification of First Amendment to Airport Operating Agreement with Lyft, Inc., to operate its transportation network business at the Key West International Airport through June 30, 2022, as approved by the BOCC on January 20, 2021, to include Exhibit A and correcting the title of Lyft's authorized signatory. The amendment includes incremental increases in the per trip fee to be paid to the Airport. ITEM BACKGROUND: Exhibit A was inadvertently omitted from the January 20th agenda item and the title of Lyft's authorized signatory was incorrect. Lyft has been operating at the Airport since July 1, 2017. The current ground transportation resolution (GTR) 4141-2017 was adopted by the BOCC to allow TNCs to operate at the Airport. This amendment will align Lyft's agreement to end at the same time as Uber's operating agreement. Current $3.00 per trip fee increases to $3.25 on January 1, 2021, and to $3.50 on January 1, 2022. PREVIOUS RELEVANT BOCC ACTION: On November 14, 2017, the BOCC approved the initial three-year agreement with Lyft. CONTRACT/AGREEMENT CHANGES: Adds two additional years to original agreement and includes incremental increases in the per trip fee paid to the Airport STAFF RECOMMENDATION: Approval DOCUMENTATION: KWIA - Lyft First Amendment FINANCIAL IMPACT: Effective Date: 07/01/2020 Packet Pg. 1120 J.2 Expiration Date: 06/30/2022 Total Dollar Value of Contract: varies each month based on pick up activity at the airport Total Cost to County: -0- Current Year Portion: Budgeted: Yes Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Yes Additional Details: REVIEWED BY: Beth Leto Completed 01/21/2021 1:10 PM Richard Strickland Completed 01/29/2021 4:28 PM Pedro Mercado Completed 01/29/2021 4:36 PM Purchasing Completed 01/29/2021 4:44 PM Budget and Finance Completed 02/01/2021 10:13 AM Maria Slavik Completed 02/01/2021 10:17 AM Liz Yongue Completed 02/02/2021 9:37 AM Board of County Commissioners Pending 02/17/2021 9:00 AM Packet Pg. 1121 J.2.a FIRST AMENDMENT -AIRPORT OPERATING AGREEMENT MONROE COUNTY LYFT, INC. 17th THIS FIRST AMENDMENT TO THE AIRPORT OPERATING AGREEMENT (the "Agreement") is hereby made and entered into on }4�1 day of February 2021 A� , by and between Lyft, Inc., ("Operator"), and Monroe County ("County"). Operator and County are sometimes hereinafter referred to individual as a "Party" or collectively as the"Parties". WHEREAS, on the 17t' day of November, 2017, the parties entered into an Airport Operating Agreement (hereafter, "Original Agreement") at the Key West International Airport (the "Airport") with a commencement date July 17, 2017; and a� WHEREAS,the term of the original agreement was for a period of 3 years; and WHEREAS, the Airport Operating Agreement has been mutually beneficial to both parties; i N NOW, THEREFORE, in consideration of the promises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, w the Parties hereby agree as follows: Section 1. Paragraph 2 of the original agreement is amended to read: a� 2. TERM: COMMENCEMENT DATE: TERMINATION 2.1. Term. This Agreement shall be effective on the Commencement Date and shall be in effect for a period of 2 years thereafter. 2.2. Commencement Date. The "commencement date" shall be deemed to be July 17, 2020. Section 2. Sub-paragraph 1.6 of the original agreement is amended to read: 1.6. Geo-Fence. Operator shall establish a Geo-Fence with the boundaries depicted in Exhibit A and shall notify affiliated Drivers about the geo-fence boundaries. The Geo-Fence exists to ensure the efficient flow of vehicles through the Airport pick up and drop off areas. Operator shall not permit affiliated Drivers to accept a new Trip to pick up passengers when the Driver, or Vehicle, is located inside of the Geo-Fence, unless otherwise approved by County. Section 3. Paragraph 4 of the original agreement is amended to read: 4. FEES AND REPORTING 4.1. Defined Terms. As used in this Agreement, the following capitalized terms 1 Packet Pg. 1122 J.2.a shall have the following meanings: (a) "Trip" means; i) each instance in which a Driver affiliated with an Operator enters Airport property and makes one or more stops to pick up one or more passengers on Airport property. (b) "Per Trip Fee" means a fee of$3.00 for each Trip. i) On January 1, 2021, the Per Trip Fee will increase to $3.25 ii) On January 1, 2022, the Per Trip Fee will increase to $3.50 (c) "Monthly Fee" means the product of the following: (i)the number of Trips a conducted by the Operator's Vehicles in one calendar month, and (ii)the Per Trip Fee then in effect Section 4. Except as set forth in Section 1, Section 2 and Section 3 of this First Amendment to the Airport Operating Agreement, in all other respects, the terms and N conditions of the Original Agreement remain in full force and effect. IN WITNESS WHEREOF, the Parties have caused their respective duly authorized representatives to execute this Agreement on the date first written above. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA ii By: By As Deputy Clerk Mayor/Chairman WITNESS LYFT, INC. By: By: Printed: Printed: Miranda Scott Title: Title: Director, Airport Business Development AljP OVE FORM PEb J.J. E D, to 1/5/21 2 Packet Pg. 1123 (IBMGUGJ UA ANBU—Z MAM 4UOWP Oua 4 al UA - 1 :4u8wq3B44V qt 04 low t= r 6 ,➢i' � Y�\f } go e }U �t kAl lip 4 , 'Nib �b 1 t! v •O it Lj CL ;t I./!�� - IYd1�1 �v Pa ' It,t C P'NJ i = 07 u Lw Lw Owl CML i q t J.2.a CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 0�,02,2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aon Risk Insurance Services West, Inc. NAME: San Francisco CA Office (A/CNNo.Ext): C866) 283-7122 FAX No.: (800) 363-0105 425 Market Street E-MAIL Suite 2800 ADDRESS: San Francisco CA 94105 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Lexington Insurance Company 19437 Lyft, Inc. INSURER B: 185 Berry St, suite 5000 San Francisco CA 94107-2503 USA INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570082883784 REVISION NUMBER: 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. Limits shown are as requested _ TYPE OF INSURANCE POLICY NUMBER LIMITS ICY Exv LTR INSD WVD MMIDD/YYYY MMIDD/YYYY (B A X COMMERCIAL GENERAL LIABILITY 065463 89 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X❑OCCUR SIR applies per policy terns & condi ions $100,000 I PREMISES Ea occurrence (V MED EXP(Any one person) PERSONAL&ADV INJURY $1,000,000UJ GEN'LAGGREGATE LIMITAPPLIES PER: ' 4 ,16KGENERAL AGGREGATE $2,000,000 W X POLICY ❑JE ❑RO- LOC ham+ *1 µ PRODUCTS-COMP/OP AGG $2,000,000 OTHER: 7 _.. ` - >>w' ""� SIR/Deductible $500,000 AUTOMOBILE LIABILITY 9/2 8/2 0 2 0 COMBINED SINGLE LIMIT Ea accident ANY AUTO WOM BODILY INJURY(Per person) OWNED SCHEDULED BODILY INJURY(Per accident) AUTOS ONLY AUTOS HIRED AUTOS NON-OWNED GL Coverage nl PROPERTY DAMAGE ONLY AUTOS ONLY r Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DED I RETENTION WORKERS COMPENSATION AND PER STATUTE I OTH- EMPLOYERS'LIABILITY Y/N ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE If yes.describe under DESCRIPTION OF OPERATIONS below I I E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Proof of insurance for Lyft, Inc. RE: Airport Operating Agreement between Monroe County and Lyft, Inc. to operate at the Key West International Airport. The Monroe County Board of County Commissioners, its employees and officials are included as Additional Insured in accordance with the policy provisions on the General Liability policy where required by written contract but only with respect to liability arising out of the Named Insured's Operations. % 4 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC AUTHORIZED REPRESENTATIVE i 1100 Simonton St. Key West FL 33040 USA elan �JT.a�ik✓ndretane� ��buexd dY��lna � ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1125 CERTIFICATE OF LIABILITY INSURANCE F A D09/2512020 J 2 a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI; CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE; BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement oI this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH RISK&INSURANCE SERVICES NAME: FAX FOUR EMBARCADERO CENTER,SUITE 1100 A/CNNo Ext: A/C NO): CALIFORNIA LICENSE NO.0437153 E-MAIL SAN FRANCISCO,CA 94111 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN 1 09337515-AOSWC-PDGWX-20 A Air INSURERA: INSURED Lyft,Inc. INSURER B:Greenwich Insurance Company 22322 185 Berry St.,Suite 5000 INSURER C: San Francisco,CA 94107 INSURER D:Safety National Casualty Corp. 15105 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: SEA-003501241-57 REVISION NUMBER: 16 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM: EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY iT EACH OCCURRENCE $ ¢' - IK DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence $ I MED EXP(Any one person) $ N DATE , 6/2 0 2 l wi t,h a- t- --- kYleTlt PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: - ""-' GENERAL AGGREGATE $ >_ POLICY jECT LOC -- PRODUCTS-COMP/OP AGG $ OTHER I I $ B AUTOMOBILE LIABILITY RAD500056302 10/01/2020 10/01/2021 COMBINEDdenfl NGLE LIMIT Ea accident $ 1,000 E ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED RAD500055002 10/01/2020 10/01/2021 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED FIR ER DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X Symbol10 X Primary $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ D WORKERS COMPENSATION LDS4060725 07/01/2020 07/01/2021 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N 1,000 ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? � NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000 If yes,describe under 1,000 ¢° DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ U DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Proof of insurance for Lyft,Inc re:AIRPORT OPERATING AGREEMENT between Monroe County and Lyft,Inc.to operate at the Key West International Airport. The Monroe County Board of County Commissioners,its employees and officials shall be included as additional insureds on the Automobile Liability policies where required by written contract but only with respec liability arising out of the Named Insured's operations. Auto Liability policies evidenced above include Personal Injury Protection. Auto Policy#RAD500056302 evidenced above provides coverage for Period 1. CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI 1100 Simonton St. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II Key West,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh Risk&Insurance Services g.... - - Jenna Boyce .., / 7 ,.�,. ...... c......... ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1126 ENDORSEMENT # 030 This endorsement, effective 12:01 AM 07/01/2020 Forms a part of policy no.: 065463589 Issued to: LYFT, INC. By: LEXINGTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED REQUIRED BY WRITTEN CONTRACT SCHEDULE Name of Person or Organization: w ANY PERSON OR ORGANIZATION YOU ARE REQUIRED TO INCLUDE AS AN ADDITIONAL INSURED BY A WRITTEN CONTRACT i A. Section II - Who Is An Insured is amended required by the written contract or to include the person or organization shown written agreement. This endorsement >- in the Schedule above that you are required shall not increase the Limits of to include as an additional insured on this Insurance stated in the Declarations policy by a written contract or written under Item 3. Limits of Insurance agreement in effect during this policy period pertaining to the coverage provided and executed prior to the "occurrence" of the herein. "bodily injury" or "property damage." 4. The insurance provided to such an B. The insurance provided to the above additional insured does not apply to described additional insured under this "bodily injury" or "property damage" endorsement is limited as follows: arising out of an architect's, engineer's 1. COVERAGE A. BODILY INJURY AND or 1. surveyor's rendering of or failure PROPERTY DAMAGE (Section I - to render any professional services Coverages) only. including: 2. The person or organization is only an i The preparing, approving or failing to additional insured with respect to liability prepare or approve maps, shop arising out of "your work" or "your drawings, opinions, reports, surveys, product" for that additional insured. field orders, change orders, or 3. In the event that the Limits of Insurance drawings and specifications; and provided by this policy exceed the Limits ii Supervisory, inspection, architectural of Insurance required by the written or engineering activities. contract or written agreement, the 5. This insurance does not apply to "bodily insurance provided by this endorsement injury" or "property damage" arising out shall be limited to the Limits of Insurance of "your work" or "your product" LX4285 (02/14) Packet Pg. 1127 J.2.a included in the "products-completed BODILY INJURY AND PROPERTY operations hazard" unless you are DAMAGE LIABILITY (Section I Coverages) required to provide such coverage by does not apply to you if the "bodily injury" or written contract or written agreement and "property damage" arises out of "your then only for the period of time required work" or "your product" performed on by the written contract or written premises which are owned or rented by the agreement and in no event beyond the additional insured at the time "your work" or expiration date of the policy. your product" is performed. 6. Any coverage provided by this D. In accordance with the terms and conditions endorsement to an additional insured of the policy and as more fully explained in shall be excess over any other valid and the policy, as soon as practicable, each collectible insurance available to the additional insured must give us prompt additional insured whether primary, notice of any "occurrence" which may result excess, contingent or on any other basis in a claim, forward all legal papers to us, unless a written contract or written cooperate in the defense of any actions, and agreement specifically requires that this otherwise comply with all of the policy's insurance apply on a primary and terms and conditions. non-contributory basis. C. Subparagraph (1)(a) of the Pollution exclusion paragraph 2.f., Exclusions of COVERAGE A. I cv c� LX4285 (02/14) Includes copyrighted information of the Insurance Services Offices,Inc., with its permission. All rights reserved. Packet Pg. 1128