Item C22
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 2/1 8/04
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval of an amendment to the Concession Agreement for Budget Rent A Car at the Key West
International Airport.
ITEM BACKGROUND: Avis has acquired Budget under the Corporate name of Cendant. Budget wishes their lease extension
to be concurrent with the Avis lease agreement.
PREVIOUS RELEVANT BOCC ACTION: Approval of current Budget Lease 5/17/00.
CONTRACT I AGREEMENT CHANGES: Budget will pay the Airport an additional premium of $30,000.00 per year for the
term of the lease extension. This is similar to the arrangement we recently made with Thrifty Rent A car.
STAFF RECOMMENDATION: Approval
TOTAL COST: None
BUDGETED: NIA
COST TO AIRPORT: None
COST TO PASSENGER FACILITY CHARGE: None
COST TO COUNTY: None
SOURCE OF FUNDS: NI A
REVENUE PRODUCING: Yes
AMOUNT PER YEAR: - 151,000.00 + 30,000.00
APPROVED BY: County Attorney X
OMBIPurchasing X
Risk Management X
DIRECTOR OF AIRPORTS APPROVAL r:p -:r 71 19 D M..
Peter J. Horton
DOCUMENTATION:
Included V'
To Follow
Not Required
AGENDA ITEM #
C 7-2-
DISPOSITION: ___________
Ibev
APB
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
!
i
I
I
I
I
I Contract with: Budget Rent A Car System
I
I
! Contract Purpose/Description: Lease Addendum Agreement
I
I
I Contract Manager: Bevette Moore
(name)
CONTRACT SUMMARY
Contract #
# 5195
(Ext. )
for BOCC meeting on: 2/18/04
Effective Date: Execution
Expiration Date: 4/20/19
Airports - Stop # 5
(Department/Courier Stop)
Agenda Deadline: 2/3/04
I
I
I Total Dollar Value of Contract:
Budgeted? N/A
Grant: N/A
County Match: None
CONTRACT COSTS
Revenue Producing
Current Year Portion: N/A
Account Codes: N/A
Estimated Ongoing Costs: N/A
(not included in dollar value above)
ADDITIONAL COSTS
For: .
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed
Yes No
Airports Director 2./lt- t04-
Risk Management (.)) / 6 ~
O.M.B./Purchasing ~3J; C)~
County Attorney .) / -} / C '/
) ('R-
) (~
) ( )
) U--/
Comments:
Reviewer
Date Out
~/4 C+-
LfJJ /..:0.
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l/iiTctT
LEASE ADDENDUM AGREEMENT
Budget Rent A Car System, Inc.
THIS lease addendum is entered into by and between Monroe County, a political
subdivision of the State of Florida (County) and Budget Rent A Car System, Inc., a
corporation (Budget) and amends a lease between the parties dated May 17, 2000;
WHEREAS, Budget is a tenant at Key West International Airport (KWIA);
WHEREAS, Budget is willing to pay the County an additional $30,000 per year, in
exchange for a lease term extension of 15 years for the Budget lease at KWIA;
WHEREAS, Secs. 332.08 and 125.35, FS,authorize the County to negotiate airport
leases without competitive bidding; now, therefore,
IN CONSIDERATION of the mutual covenants and promises set forth below, the
parties agree as follows:
1. This agreement is an addendum to the County/Budget-lease dated May 17,
2000 (original Budget lease) a copy of which is attached to this addendum as Exhibit A
and made a part of it.
2. As further consideration for the County's agreement to extend the term of the
original Budget lease for 15 years, Budget agrees to pay the County an additional $2,500
per month ($30,000 per year). The first monthly payment is due by June 5, 2004, and
thereafter by the fifth day of each month so long as the original Budget lease, as its terms
may be extended pursuant to this addendum, remains in effect.
3. a) Budget shall maintain all books, records, and documents directly
pertinent to performance under this addendum agreement and the Budget original lease
(hereafter collectively the Agreement) in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely accesi5 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.
b) Governing Law, Venue, Interpretation, Costs, and Fees. This
Agreement shall be governed by and construed in accQrdance with the Law 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 parties agree that venue will lie in
the appropriate court or before the appropriate administrative body in Monroe County,
Florida. .
The County and Budget 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.
c) 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 the 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 Budget 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.
d) Attorney's Fees and Costs. The County and Budget 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 attorneys' fees, court casts, investigative, and out-of-pocket
expenses, as an award against the non-prevailing pairty, and shall include attorney's fees,
court 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.
e) Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Budget and their
respective legal representatives, successors, and assigns.
f) 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.
g) Adjudication of Disputes or Disagreements. County and Budget 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.
h) Nondiscrimination. County and Budget 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 terminates without any further action on the part of any party, effective the
date of the court order. County or Budget agree 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 eivil 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 use 5S. 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 use s. 794), which proHibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 use 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
2
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 maybe amended
from time to time, relating to nondiscrimination on the basis of disability; 10) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties
to, or the subject matter of, this Agreement.
i) Cooperation. In the event any administrative or legal proceeding is
instituted against either party relating to the formatior, execution, performance, or breach
of this Agreement, County and Budget 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 Budget specifically agree that no party t(j) this Agreement shall be required to
enter into any arbitration proceedings related to this Agreement.
j) Covenant of No Interest. County and Budget 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 only interest of
each is to perform and receive benefits as recited in this Agreement.
k) 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.
I) No Solicitation/Payment. The County and Budget 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 Budg.t 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.
m) Public Access. The County anQ Budget 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 County and Budget in conjunction with this
Agreement; and the County shall have the right to uni!laterally cancel this Agreement upon
violation of this provision by Budget. '
n) Non-Waiver of Immunity. Notwithstanding he provisions of Sec.
286.28, Florida Statutes, the. participation of the County and Budget 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
3
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
0) 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.
p) 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.
q) 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 Budget agree that neither the County nor Budget 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.
r) Attestations. Budget 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.
s) 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.
t) Execution in Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be regard~d 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 singing any such counterpart.
u) 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. .
4
4. This addendum is part of, and incorporated into the original Budget lease and
supersedes any inconsistent provisions in the original lease. In all other respects the terms
and conditions of original Budget lease remain in full force and effect.
5. This addendum constitutes the parties' final mutual agreement and replaces
any prior communications or understandings, whether written or oral.
6. This addendum will take effect on the signature date of the last party to
execute the addendum.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
written below.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF :MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor /Cha i rperson
Date
(SEAL)
Attest:
BUDGET RENT A CAR SYSTEMS, INC.
By
Title
Date
By
Title
jaircendantBudget
5
NON-COLLUSION AFFIDAVIT
I,
of the city
of
according to law on my oath, and under
penalty of perjury, depose and say that;
1) I am
Proposal for the project described as follows:
. the bidder making the
2) The prices in this bid have been arrived at independently without collusi~n, consultation,
communication or agreement for the purpose of restricting compttition, as to any matter relating to such
prices with any other bidder or with any competitor;
3) Unless otherwise required by law, the prices which have been quoted in this bid have not
been knowingly disclosed by the bidder and will not knowingly be Idisclosed by the bidder prior to bid
opening, directly or indirectly, to any other bidder or to any co~petitor; and
4) No attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition;
5) The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in
awarding contracts for said project.
STATE OF
(Signature of Bidder)
COUNTY OF
DATE
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of individual
signing) affixed his/her signature in the space provided above on this
day of
.2003.
My commission expires:
NOTARY PUBLIC
OMB - MCP FORM #1
LOBBYING AND CONFLICT OF INTEREST CLAUSE
S\VO&'; 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 amoUI~t of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
(signature)
Date:
STATE OF
COUNTY OF
PERSONALL Y APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed hislher
signature (name of individual signing) in the space provided I above on this
day of
,20_.
NOTARY PUBLIC
My commission expires:
OMB - MCP FORM #4
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 wjth 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. "
By:
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining
a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs,
and the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection (I).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or ~lea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any
state, for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community, or any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
Bidder's Signature
Date
OMB - MCP#5
EXHIBIT 'A'
MAY 17, 2000 LEASE AND CONCESSION AGREEMENT
lEASE AND CONCESSION AGREEMENT
KEY WEST INTERNATIONAL AIRPORT
THIS CONTRACT OF LEASE is made and entered into on the /"1 ~ay of M A-V ,2000.
by and between MONROE COUNTY. a political subdivision of the State of Florida. hereinafter referred to
as Lessor. and BUDGET RENT A CAR SYSTEMS. INC.. qualified to do business in the State of Florida.
hereinafter referred to as Lessee or Concessionaire:
WHEREAS. Lessor desires to grant to Lessee a non-exclusive right to operate an automobile rental
concession at and from the Key West International Airport at Key West. Florida. hereinafter referred to as
Airport: and
WHEREAS. Lessor and lessee desire. in connection with said operations. to provide for the leasing
by Le,ssor to Lessee of certain space in and around the Airline Terminal at the Airport for the
establishment of a Rental Car Concession to accommodate the lessee's customers and provide space
for the temporary placement of rental ready vehicles and for other purposes in connection with said
operations. all as hereinafter more specifically provided: now. therefore.
IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter
contained. the parties hereto do hereby agree as follows:
1. Premises - Lessor hereby leases to Lessee for its non-exclusive use the rental car counter
located in the airline terminal at Key West. Monroe County. Florida. said counter containing 135 square
feet and office space containing 119 square feet as shown on Exhibit A. and in addition provides 30
rental car ready spaces. as shown on Exhibit B. both exhibits are attached hereto and made a part
hereof.
2. Term - This agreement is for a term offive (5J years. commencing on April 21. 1999.
3. Rental and Fees - Lessee. for and during the term hereof. shall pay to Lessor for the use
and occupancy of said Basic Premises and for the rights and privileges herein granted it at the following
scheduled rates and fees:
(0) Counter Counter space rental will be paid for at the follow rates: Key
West Airport - $22.25/sq. ft./per annum + tax.
Counter rental space includes that space physically enclosed by the counter. side
partitions and backwall.
(b) Office Office space rental will be paid for at the follow rates: Key West
Airport - $15.88/sq. ft./per annum + tax.
These rates are subject to rates and charges OS approved by the BOCC. or with
an increase equal to the CPI percentage increase for the prior year.
(c) Car Readv Soaces Exhibit B - no charge.
(d) Concession Fee Guaranteed minimum annual concession fee for each
contract year of the five (5) year term of this concessIon agreement shall be $65.812.00
per year. The Lessee agrees to pay monthly ten (1 OJ . percent of gross revenues for the
previous month or one twelfth (1/12) the guaranteed annual minimum. whichever is
greater. In the event the total amount paid during anyone year period under this
method exceeds ten percent of gross revenues or the annual minimum guarantee.
whichever is greater. for -that one year period. on adjustment will be made to the first
months rent for the next subsequent period or. at the end of the fifth year. reimbursement
will be made within thirty days.
'. A performance bond in the amount of $25.000 (twenty-five thousand dollars) shall be provided to the
Board of County Commissioners and shall be held in escrow as security to ensure conformance with the
contract provisions. It is not the intent of the County to call the bond for rental payments unless there is
a violation of the contract.
4. Definition of Gross Receipts - As used herein. the term "gross receipts" shall mean the
total sum of money. from charges for net time. mileage. and personal accident insurance. paid or
payable. whether by cash or credit. (after any discount specifically shown on the car rental
agreement). by the customer to Concessionaire for or in connection with the use of vehicle contracted
for. delivered or rented to the customer at the Airport. regardless of where the payment is made or
where the vehicle is returned. The Concessionaire for the purpose of its concession rentals shall report
all income. both cash and credit. in its monthly gross receipts statement.
. 5. Accountina Procedures - The Concessionaire shall keep records of . all sales and
revenues. whether for cash or credit. whether collected or not from its operations in a manner generally
accepted as standard to the automobile rental industry locoted on Airports. lessee agrees to operate
its business upon the Airport so that a duplicate rental agreement invoice. serially pre-numbered. shall
be issued for each sale or transaction whether for cash or credit. lessee further agrees 'that it will make
available to Monroe County. a full and complete book of aqcounts and other records required by the
County to provide a true account of all revenues pertaining to its operations under the provisions
hereof. The County. acting through its Finance Director or ather authorized representative. shall have
the right to inspect and audit the Concessionaire's books of accounts and other records directly
generated at the Airport office or otherwise pertaining directly to this agreement. Knowingly furnishing
the County a false statement of its gross sales under the provision hereof will constitute a default by the
Concessionaire of this agreement and the County may. at its option. declare this contract terminated.
6. Abatement of Minimum Guarantee - In the event that (1) for any reason the number of
passengers deplaning on scheduled airline flights at the Airport during any period of thirty (30)
consecutive days shall be less than sixty percent (60%) of the number of such deplaning passengers in
the same period of preceding calendar year. or in the evertlt that (2) in the opinion of the Board of
County Commissioners. the operation of lessee's car rental business at the Airport is affected through
no fault of lessee by shortages or other disruption in the supply of automobiles. gasoline. or other goods
necessary thereto. and said shortages or other disruptions results in the material diminution in lessee's
gross receipts hereunder for a period of at least thirty (30) days. and said shortages or other disruptions .
are not caused by a labor dispute with lessee. such diminution to be satisfactorily demonstrated by
lessee to the Board of County Commissioners. then. in either event. the Minimum Guarantee Fee should
be abated for the period of time such condition continues to exist. During said period of time. lessee
shall continue to pay to the lessor ten percent (10%) of gross receipts from the operations hereunder as
hereinbefore defined.
7. Investment bv the lessee - All leasehold improvements and their titles shall vest
immediately in Monroe County upon their acceptance by the County. Fumiture. furnishings. fixtures
and equipment will remain the personal property of Concessionaire and may be" removed upon the
termination of the agreement. provided all of its accounts payable to the County are paid at that time.
or in the event the County does not purchase same.
8. leasehold Imcrovements - lessee has the right during the term hereof. at its own
expense. at any time from time to time: .
to install. maintain. operate. repair and replace any and all trade fixtures and other
personal property useful from time to time in connection with its operation on the Airport.
all of which shall be and remain the property of Lessee and may be removed by lessee
prior to or within a reasonable time after expiration of the term of this agreement:
provided. however. that lessee shall repair any damag~ to the premises caused by such
removal. The failure to remove trade fixtures or of her personal property shall not
constitute lessee a hold-over. but all such property not removed within ten (10) days
2
after Lessee receives a written demand for such removal shall be deemed abandoned
and thereupon shalf be the sole property of the Lessor.
Leasehold improvements shall include any installation of walls. partitions. doors and windows. any
electrical wiring. panels. conduits. service connections. receptacles or lighting fixtures attached to walls.
partitions. ceilings or floor. all interior finish to floors. walls. doors~ windows or ceilings: and all floor
treatments or coverings. other than carpeting. that is affixed to floors: sanitary disposal lines and sinks.
commodes. and garbage disposal units: all heating, air treatment or ventilating distribution systems.
including pipes. ducts. venthoods. air handling units and hot water generators: and all refrigerator
rooms or vaults and refrigerated waste rooms including refriQeration or ventilating equipment included
with same. Any furniture. fixtures. equipment. carpeting ond draperies not classified as leasehold
improvements above shall be the personal property of the Concessionaire.
. 9. Damaae and Iniurv - Lessee covenants that it and all of its agents, servants. employees.
and independent contractors will use due care and diligence in all of its activities and operations at the
Airport and the Concessionaire hereby agrees to repay or be responsible to Monroe County for all
damages to the property of the County which may be caused by an act or omission on the part of the
Concessionaire. its agents. servants. or employees and except to the extent that such 'damage to the
property is covered by insurance required to be provided by the Concessionaire. under any provision
hereof. or is provided by Monroe County (except subrogation rights ot the County's carrier).
Concessionaire shall pay. on behalf of the County. all sums which the CountY shall become obligated
to pay by reason of the liability, if any. imposed by law u~on the County for damages because of
bodily injury. including damages for care and loss of service. including death at any time resulting from
bodily injury and because of injury t%r destruction of property, including the loss or use thereof which
may be caused by or result from any of the activities, omission. or operations of the Concessionaire. its
agents. servants. or employees on the Airport.
10. Utilities - Electricity and water will be supplied to the leasehold area by the Lessor.
11. lessee's Obliaations - Lessee covenants and agrees:
(a) to pay the rent and other charges herein reserved at such times and places as
the same are payable:
(b) to make no alterations. additions or improvements to the demised premises
without the prior written consent of Lessor, which consent shall be not be unreasonably
withheld;
(c) to keep and maintain the demised premises in. good condition. order and repair
during the term of this agreement. and to surrender the same upon the expiration of the
term in the condition in' which they are required to be kept. reasonable wear and tear
and damage by casualty. not caused by Lessee I s negligence, riot and civil commotion,
excepted;
(d) to observe and comply with any and all requ~ements of the constituted public
authorities and with all federal, state or local statutes. ordinances, regulations. and
standards applicable to Lessee or its use of the demised premises. including. but not
limited to, rules and regulations promulgated from time to time by or at the direction of
Lessor for administration of the Airport
(e) to pay all taxes assessed or imposed by any governmental authority upon any
building or other improvements erected or installed ori the demised premises during the
term of this agreement and to remit to Lessor for payn1ent to the State any sales or use
tax imposed on the rental charge or concession fee;
J
(f) to carry fire and extended coverage insurance. if obtainable. on all fixed
improvements erected by Lessee on the demised premises to the full insurable value
hereof. it being understood and agreed that for purposes hereof the term "full insurable
value" shall be deemed to be that amount for which a prudent owner in like
circumstances would insure similar property. but in no event an amount in excess of
Lessee's original cost of constructing said fixed improvements: and
(g) to control the conduct. manner and appearance of its officers. agents. and
employees. and any objection from the Director of Airports concerning the conduct.
manner or appearance of such persons. Concessionaire shall forthwith take steps
necessary to remove the cause of the objection.
12. lessor's Inspection and Maintenance - .lessor and its authorized officers. employees.
agent~. contractors. subcontractors and other representatives shall have the right to enter upon the
demised premises for the following purposes:
(a) to inspect the demised premises at reasonable intervals during regular business
hours (or at any time in case of emergency) to deterrinine whether Lessee has complied
and is complying with the terms and conditions of this agreement with respect thereto: or
(b) to perform essential maintenance. repair. relocation. or removal of existing
underground and overhead wires. pipes. drains. cables and conduits now located on or
across the demised premises. and to construct. maintain. repair. relocate and remove
such facilities in the future if necessary to carry out tHe Master Plan of development of
the Airport: provided. however. that said work shall in no event disrupt or unduly interfere
with the operations of Lessee. and provided further. that the entire cost of such work.
including but not limited to the cost of rebuilding. removing. relocating. protecting or
otherwise modifying any fixed improvements at any time erected or installed in or upon
the demised premises by Lessor. lessee or third parties. os a result of the exercise by lessor
of its rights hereunder. and the repair of all damage to such fixed improvements caused
thereby. shall be borne solely by lessor.
13. Indemnification - lessee shall indemnify and hold Lessor forever harmless from and
against all liability imposed upon Lessor by reason of legal liability for injuries to persons. or wrongful
death. and damages to property caused by Lessee's ope~ations or activities on such premises or
elsewhere at the Airport. provided that Lessor shall give lessee prompt and timely notice of any claim
made against Lessor which may result in a judgment against 4essor because of such injury or damage
and promptly deliver to Lessee any papers. notices. documents. summonses. or other legal process
whatsoever served upon lessor or its agents. and provided further that Lessee and its insurer. or either of
them. shall have the right to investigate. compromise. or defend all claims. actions. suits and
proceedings to the extent of Lessee's interest therein; and in connection therewith, the parties hereto
agree to faithfully cooperate with each other and with Lessee's insurer or agents in any said action.
14. Liability Insurance - Prior to the commencement of work governed by this lease
agreement (including the pre-staging of personnel and material). the lessee shall obtain, at his
own expense. insurance as specified in the attached schedul~s, marked as Exhibit "C," which
are made part of this lease agreement. The Lessee will ensure that the insurance obtained will
extend protection to all Contractors engaged by the Lessee. :
Lessee will not be permitted to commence work governed by this lease agreement
(including the pre-staging of personnel and materiall. until sati~factory evidence of the required
insurance has been furnished to the Lessor as specified below.
Lessee shall maintain the. required insurance. throughbut the entire term of this lease
agreement. and any extensions. as specified in the attached schedules. Failure to comply with
this provision may result in the immediate suspension of all activities conducted by the Lessee
and its Contractors until the required insurance has been reinstated or replaced.
1
Lessee shall provide. to the Lessor, as satisfactory evidence of the required insurance.
either a certificate of insurance or a certified copy of the actual insurance policy.
The Lessor, 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 Lessor 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 II Additional Insured" on all policies. except for Workers Compensation.
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
apprqved by Monroe County Risk Management.
15. Non-Discrimination - (a) Lessee shall furnish all services authorized under this
agreement on a fair. equal and non-discriminatory bpsis to all persons or users thereof. charging
fair. reasonable. and non-discriminatory prices for all items and services which it is permitted to
sell or render under the provisions hereof. Providing. however. that nothing contained in this
paragraph or in any other paragraph of this Agreement shall be construed as requiring the
Lessee to seek approval by Monroe County before or after Lessee establishes or alters its rental
car rates.
(b) The Lessee 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. sex. creed. color. national origin or age
shall be excluded form 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 of services thereon. no person on the grounds of race. sex. creed.
color. national origin or age shall be excluded. form participation in. denied the benefits
of. or be otherwise subjected to discrimination in the use of said facilities;
(3) that the Lessee shall use the premises in compliance with all other
requirements imposed by or pursuant to ntle 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. Lessee 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.
16. Rules and Reaulations - Lessee agrees to o!jserve and obey. during the term of this
agreement. alllcws. ordinances. rules and regulations promulgated and enforced by the County and
by any other proper authority having jurisdiction over the conduct of the operations at the Airport.
Within thirty (30) days from the date of this contract. the Coumty shall provide Lessee a written list of all
rules and regulations which it has promulgated up until that time and which will effect the Lessee's
operations hereunder. In the event new rules and regulc;stions are contemplated. written notice of
same shall be furnished to Lessee. and Lessee will be given thirity (30) days to comply. In the event that
Lessee should determine that any contemplated rule or regulation unreasonably hinders him in his
operation under this agreement. the Lessee shall so notify the County. and the parties hereto agree that
any problem arising incidental thereto will. as much as possible. be worked out between the parties
without the necessity to resort to further legal remedies.
~
17. Fumishinq of Service - The Lessee further covenants and agrees that he will. at all times
during the continuance of the term hereby demised and any renewal or extension thereof. conduct.
operate. and maintain for the benefit of the public. the rental car concession provided for and
described herein. and all aspects and parts and services thereof as hereinabove defined and set forth.
and will make all such facilities and services available to the public and that he will devote his best
efforts for the accomplishment of such purposes.
18. United States I Reauirements - This lease shall be subject and subordinate to the
provisions of any existing or future agreement between the Lessor and the United States relative to the
operation or maintenance of the Airport. and execution of which has been or may be required by the
provision of the Federal Airport Act of 1946. as amended. or any future act affecting the operation or
maintenance of the Airport. provided. however. that Lessor shall. to the extent permitted by law. use its
best efforts to cause any such agreement to include pr.ovisidns protecting and preserving the rights of
Lessee. in and to the demised premises and improvements thereon. and to compensation for the taking
thereof. and payment for interference therewith and for damage thereto. caused by such agreement
or by actions of the Lessor or the United States pursuant therefo.
19. lessor's Covenants - The Lessor covenants and agrees that:
(a) Lessor is the lawful owner of the property demised hereby. that it has-lawful possession
thereof. and has good and lawful authority to execute this Lease: and
(b) throughout the term hereof Lessee may have, hold and enjoy peaceful and
uninterrupted possession of the premises and rights her~in leased and granted. subject to
performance by Lessor of its obligations herein.
20. Cancellation bv lessor - If any of the following events occur. the Lessee shall be
deemed to be in default of its obligations under the agreement. in which case Monroe County shall
give the Lessee notice in writing to cure such default within thirty (30) days. or the concession will be
automatically canceled at the end of that time and such cancellation will be without forfeiture. waiver.
or release of the County's right to any such of money due pursuant to this agreement for the full term
hereof:
(a) if Lessee shall make a general assignment for the benefit of creditors. or file a
voluntary petition in bankruptcy or a petition or answer seeking its reorganization or the
,
readjustment of its indebtedness under the Federal Bankruptcy Laws of any other similar
law or statute of the United States or any state. or government. or consent to the
appointment of a receiver. trustee or liquidator of all or substantially all of the property of
Lessee:
(b) if any order or. decree of a court of competent juriSdiction Lessee shall be
adjudged bankrupt or an order shall be made qpproving a petition seeking its
reorganization, or the readjustment of its indebtedness under the Federal Bankruptcy
Laws of any law or statute of the United States or any state. territory. or possession thereof
or under the law of any other state. nation. or government. provided, that if such
judgment or order be stayed or vacated within ninety (90) days after the entry thereof.
any notice of cancellation given shall be and become void and of no effect:
(c) if by or pursuant to any order or decree of any court or governmental authority.
board, agency or officer having jurisdiction, a receiver. trustee or liquidator shall take
possession or control of all or substantially all of the property of Lessee for the benefit of
creditors. provided. that if - such order or decree be stayed or vacated within sixty (60)
days after the entry thereof or during such longer periOd in which Lessee diligently and in
good faith contests the same. any notice of cancellation shall be and will become null.
void and of no effect:
Q
(d) if Lessee fails.to pay the rental charges or other money payments required by this
instrument and such failure shall not be remedied within thirty (30) days following receipt
by Lessee of written demand from Lessor to do so:
(e) if lessee defaults in fulfilling any of the terms. covenants, or conditions required of
it hereunder and fails to remedy said default within thirty (30) days following receipt by
lessee of written demand from Lessor to do so, or if, by reason of the nature of such
default. the same cannot be remedied within thirty (30) days following receipt by Lessee
of written demand from Lessor to do so, then, if lessee shall have failed to commence
the remedying of such default within thirty (30) days following such written notice, or
having so commenced, shall fail thereafter to continue with diligence the curing thereof:
. (f) if the Lessee shall abandon the premises.for seven (7) consecutive calendar days:
(g) if the concession of the Lessee hereunder shall be transferred, subleased, or
assigned in any manner except in the manner as herein permitted:
(h) if the lessee shall fail to pay any validly imposed tax: assessments: utility rent. rate
or charge: or other governmental imposition; or any other charge or lien against the
premises leased hereunder within any grace period allowed by law, or by the
govemmental authority imposing the same, during which payment is permitted without
penalty or interest: in complying with this subparagraph the Lessee does not waive his
right to protest such tax. assessment. rent, rate or charge: or
(i) if the lessee fails to provide service as requited by specifications for five days
during any thirty day period. unless such failure is cQused by an act of God, national
emergency or a labor strike of which the lessee has given the County immediate notice,
the concession may be canceled within thirty (30) days of the giving of notice by the
County and the lessee shall not be permitted to cure such default.
21. Additional Remedies - In the event of a breach or a threatened breach by Lessee of
any of the agreements, terms, covenants and conditions hereof. the County shall have the right of
injunction to restrain said breach and to invoke any remectV allowed by law or equity, as if specific
remedies. indemnity or reimbursement were not herein provided. The rights and remedies given to
Monroe County are distinct. separate and cumulative. and rilo one of them, whether or not exercised
by the County, shall be deemed to be in exclusion of any qf the others herein or by law or in equity
provided. No receipt of monies by Monroe County from le~ee after the cancellation or termination
hereof shall reinstate, continue or extend the term, or affect !any notice previously given to lessee, or
operate as a waiver of the right of the County to enforce the payment of rentals and other charges
then due or thereafter falling' due. or operate as a waivet of the right of the County to recover
possession of the premises by suit or otherwise. It is agreed that. after the service of notice to cancel or
terminate as herein provided. or after the commencement of!. any proceeding. or after a final order for
possession of the premises, the County may demand and co'eet any monies due. or thereafter falling
due. without in any manner affecting such notice, proceeding, or order: and any and all such monies
and occupation of the premises. or at the election of the County on account of lessee's liability
hereunder. The parties agree that any litigation arising out of the agreement shall be brought in
Monroe County, Florida, and determined under the laws of the State of Florida. Lessee will pay any
reasonable attomey's fees incurred if the County prevails in the enforcement of the agreement.
regardless of whether or not a lawsuit is filed. including but not limited to all costs and market value
attomey's fees incurred in collecting. trial. bankruptcy or reorganization proceedings or appeal of any
matter hereunder and all costs. charges and expenses incurred herein.
z
22. Cancellation bv lessee - Lessee shall have the right upon written notice to Lessor. to
cancel this agreement in its entirety upon or after the happening of one or more of the following
events. if said event or events is then continuing:
(a) the issuance by any court of apparent competent jurisdiction of an injunction.
order. or decree preventing or restraining the use by Lessee of all or any substantial part
of the demised premises or preventing or restraining the use of the Airport for usual airport
purposes in its entirety, or the use of any part thereof which may be used by Lessee and
which is necessary for Lessee's operations on the Airport. which remains in force
unvacated or unstayed for a period of at least one hundred twenty (120) days;
(b) the default of Lessor in the performance of any of the terms, covenants or
conditions required of it under this instrument .and the failure of Lessor to cure such
. default within a period of thirty (301 days following receipt of written demand froni Lessee
to do so. except that if by reason of the nature of such default. the same cannot be
cured within said thirty (301 days, then Lessee shall have the right to cancel if Lessor shall
have failed to commence to remedy such default within said thirty (30) days following
receipt of such written demand. or having so commenced, shall fail thereafter to
continue with diligence the curing thereof;
(c) the inability of Lessee to conduct its busines~ at the Airport in substantially the
same manner and to the same extent as theretofore conducted. for a period of at least
ninety (90) days. because of (i) any law, (ii) any rule, order. judgment. decree. regulation,
or other action or non-action of any Governmental authority, board. agency or officer
having jurisdiction thereof;
(d) if the fixed improvements placed upon the demised premises are totally
destroyed or so extensively damaged that it would be impracticable or uneconomical to
restore the same to their previous condition os to which Lessee is the sole judge. In any
such case. the proceeds of insurance. if any. payable by reason of such loss shall be
apportioned between Lessor and Lessee. Lessor receiving the same proportion of such
proceeds as the then expired portion of the lease term bears to the full term hereby
granted. and Lessee receiving the balance thereof. If the damage results from an
insurable cause and is only partial and such that the said fixed improvements can be
restored to their prior condition within a reasonable time. then Lessee shall restore the
same with reasonable promptness. and shall be entitled to receive and apply the
proceeds of any insurance covering such loss to said restoration. in which event this
agreement shall not be canceled but shall continue in full force and effect. and in such
case any excess thereof shall belong to Lessee:
fe) in the event of destruction of all or a material portion of the Airport or the Airport
facilities. or in the event that any agency or instrumentality of the United States
Government. or any state or local government occupies the Airport or a substantial part
thereof. or in the event of military mobilization or public emergency wherein there is a
curtailment. either by executive decree or legislative action. of normal civilian traffic at
the Airport or the use of motor vehicles or airplanes by; the general public. or a limitation
of the supply of automobiles or of automobile fuel. supplies. or parts for general public
use, and any of said events results in material interferehce with Lessee's normal business
operations or substantial diminution of Lessee's gross revenue from its automobile rental
concession at the Airport. continuing for a period in excess of fifteen (15) days;
(f) in the event that' at any time prior to or during the term of this agreement.
Lessee's presently existing right to operate an automobile rental concession at the Airport
is withdrawn. canceled, terminated, or not renewed by Lessor.
~
(g) the taking of the whole or any part of the demised premises by the exercise of
any right of condemnation or eminent domain:
(h) if at any time during the basic term or option term of this lease a majority of the
scheduled air transportation serving the local area no longer operates from the Airport:
or
(i) if at any time during the basic term hereof or the option periods. the Airport or
terminal building is removed to a place more than three (3) rood miles in distance from
its present location.
23. lessee's Reserved Riahts - Nothing contained in this Agreement sholl limit or restrict in
any way such lawful rights as Lessee may have now C?r in the future to maintain claims against the
federal. state. or municipal govemment. or any deportment or agency thereof. or against any interstate
body. commission or authority. or other public or private body exercising governmental powers. for
damages or compensation by reason of the taking or occJpation. by condemnation or otherwise. of
all or 0 substantial part of the demised premises. including fixed improvements thereon. or of 011 or a
material part of the Airport with adverse effects upon lessee's use and enjoyment 'of the demised
premises for the purposes hereinabove set forth: and lessor hereby agrees to cooperate with Lessee in
maintenance of any just claim of said nature. and to refrain from hindering. _opposing, or obstructing
the maintenance thereby by Lessee.
24. Assianment and Sublettina - It is expressly agreed and understood that any and 011
obligations of Lessee hereunder may be fulfilled or discharged either by Lessee or by 0 Ucensed
member of The Hertz Corporation duly appointed thereto by The Hertz Corporation. and that any and
all privileges of every kind granted Lessee hereunder extend$ to any Ucensee so appointed: provided.
however. that notwithstanding the method of operation employed by lessee hereunder any appointed
Lessee always sholl continue to remain directly liable to lessor for the performance of 011 terms and
conditions of this lease. Except hereinabove set out. the premises may not be sublet. in whole or in port.
and lessee sholl not assign this agreement without prior written consent of lessor. nor permit any transfer
by operation of low of lessee' 5 interest created hereby, other than by merger or consolidation.
25. Other Use - Lessee shall not use or permit the use of the demised premises or any port
thereof for any pUrpose or use other than on authorized by thi~ agreement.
26. Uens - lessee sholl couse to be removed any and 011 liens of any nature arising out of or
because of any construction performed by Lessee or any of its contractors or subcontractors upon the
demised premises or arising out of or because of the performance of any work or labor upon or the
fumishing of any materials for use at said premises. by or at the direction of lessee.
27. Time - In compufing lessee's term within which to commence construction of any fixed
improvements or to cure any default os required by this lease.. there shall be excluded all delays due to
strikes. lockouts. acts of God and the public enemy. or by order or direction or other interference by
any municipal, State. Federal or other governmental depbrtment. board. or commission having
jurisdiction. or other causes beyond lessee I s control.
28. Other Develocment of Airoort - Monroe County reserves the right to further develop or
improve the landing area of the Airport os its sees fit, regardless of the desires or views of the
Concessionaire, and without interference or hindrance: provided. however. that in no event can the
County deprive the Concessionaire of reasonable and direct routes of ingress and egress to the
premises.
29. Paraarach Headinas - Paragraph headings herein ore intended only to assist in reading
identification and ore not in limitation or enlargement of the content of any paragraph.
2
30. Notices - Any notice of other communication from either party to the other pursuant to
this agreement is sufficiently given or communicated if sent by registered mail. with proper postage and
registration fees prepaid. addressed to the party for whom intended. at the following addresses:
Lessor
Board of County Commissioners
3491 S Roosevelt Blvd.
Key West. FL 33040
Lessee
Budget Rent A Car Systems. Inc.
8855 Rent-a-car Road
Orlando. FL 32827
or to such other address as the party being given such notice shaJl from time to time designate to the
other by notice given in accordance herewith.
ITNESS WHEREOF. the parties have caused these presents to be executed by their respective
, esentative thereunto duly authorized. the day and year first above written. '
;
BOARD OF COUNTY COMMISSIONERS
:MJ~~
Mayor/ hairperson
BUDGET RENT A CAR SYSTEMS.
. . . . . . .
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l.Q
EXHIBIT 'A'
KEY WEST INTERNATIONAL AIRPORT
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('II"
EXHIBIT Ie'
1996 Edition
'\ .
.I
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 contracrt (including the pre-staging of
personnel and material), the Vendor sJ.la1l obtain, at his/her own expense, insurance as specified
in the attached schedules, which are made part of this contract. The Vendor wiII ensure that the
insurance obtained will extend protection to a1l Contractors engaged by the Vendor.
The Vendor will not be pennitted to commence work governed by this contract (including pre-
staging of personnel and material) until satisfactory evidence!ofthe required in~urance has been
furnished to the County as specified below.
The Vendor shall maintain the required insurance throughout the entire tenn of this contract and
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 Vendor and its Contractors
until the required insurance has been reinstated or replaced.
) The Vendor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
· Certificate ofInsumnce
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 ~anceIJation, non-renewal,
!TIate~ial change, or reduction in coverage unless a minimum of thirty (30) days prior notification
IS given to the County by the insurer.
The acceptance andlor approval of the Vendor's insurance shall 'not be construed as relieving the
Vendor from any liability or obligation assumed under this contract or imposed by law.
!he 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 Insurnnce Requirements must be requested in writing on the
COUnty prepared form emillcd "Request for \Vaiver of Insurance Requirements" and
approved by Monroe County Risk Management.
Adminlstratiun Instruction
11470<J2
24
G~NERAL LIAllICITY
INSURANCE REQUIRE~fENTS .
FOR
.
CONTRACT
BETWEEN
MONROE COUNTY, FLORID,A
AND
Prior to the commencement of work governed by this contract, the Contractor shaIl obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum: .
. ,
· Premises Operations .
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,006~'ooo Combined Single Limit (CSL).
-
If split limits are provided, the minimum limits acceptable: shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims fiI~d on or after the effectiye date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shaH be named as Additional Insured on
all policies issued to satisfy the above requirements.
....~..
GLJ
Administration Instruction
#4709.2
56
1996 Edition
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 COIitractor,
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.
VL3
Administration Instruction
#4709.2
83
.;77U &..."...u..
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 InsW'aIlce with limits sufficient to respond to the applicable state
statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
.
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$1,000,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida .
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate ofInsurance 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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Administmtion Instruction
#4709.2
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