Item C16
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 3/16/05
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
STAFF CONTACT PERSON: Peter Horton
AGENDA ITEM WORDING: Approval of a lease amendment with Mountain Air Cargo, for operations at the Florida Keys
Marathon Airport.
ITEM BACKGROUND: MAC is the cargo contractor for Federal Express. This amendment makes the expiration date
concurrent with the Federal Express lease.
PREVIOUS RELEVANT Boce ACTION: Approval of lease May 11,2000, and amendment May 16, 2001.
CONTRACT/AGREEMENT CHANGES: Extends expiration date to 3/31/10, and updates apron rental amount.
STAFF RECOMMENDATION: Approval
TOTAL COST: None
BUDGETED: N/A
COST TO AIRPORT: None
COST TO PFC: None
COST TO COUNTY: None
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes
AMOUNT PER MONTH: 1,31.20 + added landing fees
APPROVED BY: County Attorney X
OMB/Purchasing X Risk Management X
AIRPORT DIRECTOR APPROVAL
~+\-
eter J. Horton
DOCUMENTATION: Included X
Not Required
AGENDA ITEM #
DISPOSITION:
fbev
APB
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Mountain Air Cargo
Effective Date: 4/1/05
Expiration Date: 3/31/10
Contract Purpose/Description: Lease Amendment for operations at the Marathon Airport
Contract Manager: Bevette Moore
(name)
# 5195
(Ext. )
Airports - Stop # 5
(Department! Stop)
for BOCC meeting on: 3/16/05
Agenda Deadline: 3/1/05
CONTRACT COSTS
Total Dollar Value of Contract: Revenue Producing
Budgeted? n/a
Grant: n/a
County Match: n/a
Current Year Portion: n/a
Account Codes: n/a
Estimated Ongoing Costs: None
(not included in dollar value above)
ADDITIONAL COSTS
For: .
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed
Yes No
2rJ:i
Peter Horton
"
Reviewer
Airports Director
2-12-<{/.M:'
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) (
) (
Risk Management
/ ., I
---
O. M. B .IPurchasing
o..z I~ oS
County Attorney
/
Comments:
Date Out
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LEASE AMENDMENT
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Mountain Air Cargo, Inc.
THIS LEASE AMENDMENT is entered into on the day of ,
2005, by and between Monroe County, a political subdivision of the State of Florida,
hereafter County, and Mountain Air'Cargo, Inc. a corporation, hereafter Lessee.
WHEREAS, on September 20, 2000, the parties entered into an agreement
whereby the County leased to Lessee premises at the Marathon Airport for the purpose
of Lessee providing air transport of cargo;
WHEREAS, the lease agreement of February 19, 2003 expires on March 31, 2005;
WH EREAS, the Lessee is a contractor to Federal Express whose lease at the
Marathon Airport does not expire until March 31, 2010; and
WHEREAS, the parties have determined that it would be in their mutual best
interest if Lessee's lease term became co-terminus with that of Federal Express; now,
therefore,
IN CONSIDERATION of the mutual promises and covenants set forth below, the
parties agree as follows:
1. The parties hereby agree to extend the term of the lease between them
dated February 19, 2003 for premises at the Marathon Airport (the original lease) until
March 31, 2010. A copy of original lease is incorporated into this amendment and
attached as Exhibit A.
2. Rent commencing on April 1, 2005 will be $959.26 per month, plus tax.
3. Except as provided in paragraphs one and two above, in all other respects
the terms and conditions of the original lease remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
MOUNTAIN AIR CARGO, INC.
jairportMAPMACA05
By ~~
Title VJ..U., p~
71~'1. ROVED A FO~ ~
I;;~ D LEGAL F . I .d /~_
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BY
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DATE
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA.
ETHICS CLAUSE
N\ () tld:ru t.J \\1r eu,~UC-'
warrants that hefit has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
~~
(signature)
Date: J~ 18 ) clOoS
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STATE OF
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COUNTY OF
PERSONALL Y APPEARED BEFORE ME, the undersigned authority,
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who, after first being sworn by me, affixed hislher
signature (name of individual signing) in the space provided above on this
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DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
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~(Name of Business)
1. Publish a statement notifying employees that the lll1lawful manufacture, distribution, dispensing,
possession, or use of a controned 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 (1).
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 plea 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 50 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.
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Bidder's Signature
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LEASE AMENDMENT
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THIS LEASE AMENDMENT is entered into on the / - day of I .~~
2003, by and between Monroe County, a political subdivision of the State of Florida, hereafter
County, and Mountain Ai,. Cargo, Inc. a corporation, hereaft.er Lessee.
WHEREAS, on September 20, 2000, the parties entered into an agreement whereby the
County leased to Lessee premises at the Marathon Airport for the purpose of LeSsee providing
air transport of cargo;
WHEREAS, the lease agreement of September 20, 2000 expires on March 31, 2003;
WHEREAS, the Lessee is a contractor to Federal Express whose lease at the Marathon
Airport does not expire until March 31,2005: and
WHEREAS, the parties have determined that it would be in their mutual best interest if
Lessee's lease term became co-terminus with that of Federal Express; now, therefore,
IN CONSIDERA nON of the mutual promises and covenants set forth below, the parties
agree as follows:
1. The parties hereby agree to extend the term of the lease between them dated
September 20, 2000 for premises at the Marathon Airport (the original lease) until March 31,
2005. A copy of original lease is incorporated into this amendment and attached as Exhibit A.
2. Except as provided in paragraph one, in all other respects the terms and
conditions of the original lease remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the doy and
year first above written.
(SEAL)
ATTEST:
DANNyQHAGE, CLERK
~!tI~!I---
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
-<<I; >n ~tz.U
By
Mayor/Chairman
(SEAL)
Attest:
MOUNTAIN AIR CARGO, INC.
By
Title
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.:2 -to -03
APPROVED
8~l AS TO FORM
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EXHIBIT fA'
FOR LEASE AMEN,?MENT - EXTENTION TO MARCH 31, 2005
LEASE AGREEMENT - DATED 9/20/00
LEASE AMENDMENT - DATED 5/16/01
LEASE AMENDMENT
.(.;,1
THIS LEASE AMENDMENT is entered into on the .I/: /"day of iV\ J""';
2001, by and between Monroe County. a political subdivision of the State of Florida, hereafter
County, and Mountain Air Cargo, Inc. Q corporation, hereafter Lessee.
WHEREAS, on September 20, 2000, the paMies entered into an agreement whereby the
County leased to Lessee premises at the Marathon Airport for the purpose of Lessee providing
air transport of cargo;
WHEREAS, the lease agreement of September 20,2000 expires on March 31,2002;
WHEREAS, the Lessee is a contractor to Federal Express wh~se lease at the Marathon
Airport does not expire until March 31,2003; and
WHEREAS, the parties have determined that it would be in their mutual best interest if
Lessee's lease term became co-terminus with that of Federal Express; now, therefore,
IN CONSIDERA nON of the mutual promises and covenants set forth below, the parties
agree as follows: ."
1. The parties hereby agree to extend the term of the lease between them dated
September 20, 2000 for premises at the Marathon Airport (the original lease) until March 31,
2003. A copy of original lease is incorporated into this amendment and attached as Exhibit A.
2. Except as provided in paragraph one, in all other respects the terms and
.. of the original lease remain in full force and effect.
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/1':.,!~ .~, ~;;.WHEREOF, the parties hereto have set their hands and seals the day and
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"";.\~'" NY L. KOLHAGE, CLERK
~~
eputy Clerk
" BOARD OF COUNTY COMMISSIONERS
~R;U~'FLtt~~
Mayor/Chairman
(SEAL)
Attest:
MOUNTAIN AIR CARGO, INC.
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By - ~ c:Q '.' -
TItle ~t ~(J:t. .. ~
jdairpon-MA MA.CA.
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Title \lj; J Pu d,'"'l'-f' J.f; -0 f
APPROVED H .
A~CUEG ~ TO FORM
.~ ~~!fNCY"
AGREEMENT
MARATHON AIRPORT
._ THIS AGREEMENT is made and entered into on the 7-tf! /tt day of
SC(tF[fI\~(?-. , 2000, by and between MONROE COUNTY, a political subdivision of
the State of Florida, hereinafter referred to as "County" or "Lessor" and MOUNTAIN
AIR CARGO, INC., hereinafter ref~rred to as Lessee.
WHEREAS, Lessor owns an airport known as the Marathon Airport, located in
Marathon, Monroe County, Florida, hereinafter referred to as "Airport, nand
WHEREAS, Lessee is engaged in the business of air transportation of cargo, mail
and other property, and
WHEREAS, Lessee desires to obtain certain rights, services and privileges in'
connection with the use of the Airport fadlities, and the Lessor is willing to grant same to
Lessee on a non~exclusive basis, upon the terms and conditions hereinafter stated; now,
therefore,
IN CONSIDERATION of the premises and of the mutual covenants and agreements
herein contained, and other valuable considerations, Lessor does hereby grant unto
Lessee, and Lessee hereby takes from Lessor, certain premises, facilities, rights, and
privileges in connection with and on the Airport, as follows, to wit:
A RTICLE I - PREMISES
Lessor does hereby lease to Lessee, and Lessee leases from the Lessor, 19,800
square feet of aircraft apron area, as indicated on the drawing labeled as Exhibit "A"
attached hereto and made a part hereof.
ARTICLE II - USE OF THE AIRPORT
Lessee shall be entitled to use, in Common with others authorized to do so, the
airport facilities and appurtenances, together with all equipment, improvements, and
services which have been or may hereafter be pt:"ovided at or in connection with the
Airport for cammon use, in the operation of a business for the transportation of cargo,
mail and other property by air.
ARTICLE DI - TERM
This lease shall commence March 1, 1999, and end on March 31, 2002.
ARTICLE IV - FEES AND CHARGES
During the term of this lease, Lessee shall pay to the Lessor, rent and landing fees
I
as follows:
1. The amount of Nine Thousand Nine Hundred Sixteen and" 80/100 Dollars
($9,916.80), plus sales tax, for an area of nineteen thousand eight hundred (19,800)
square feet of aircraft apron area; and ..
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2. Landing fees as specified in Article v.
The lease amount agreed to herein might be adjusted annually in accordance with
the percentage change in the Consumer Price Index for all 'urban consumers (CPI-U) for
the most recent 12 months available.
Rent for item 1 shall be paid in equal installments and shall be due and payable on
or before the first day of each calendar month during which this lease is in effect.
Landing fees shall be paid within thirty days after the end of the month for which they
are due. Upon the failure of Lessee to pay rent and/or fees when due, the Lsssor will be
entitled to charge and collect, and Lessee will be obligated to pay, a late fee of two
percent (20/0) of any such amount, if paid within thirty (30) days of the date due, and
five percent (50/0) of any such amount, not paid within thirty (30) days of the date due.
Such fate fees will be in addition to the amount of rent and/or landing fees due. The
acceptance by the Lessor of the overdue rent and/or landing fees plus applicable late
fees shall cure what would otherwise constitute a default by Lessee under the terms of
thIs lease. The Lessor, at its option, however, may refuse a proffered overdue fee and
late fees, declare a default, and proceed according to Paragraph X of this lease. In the
event that any check, draft, or negotiable instrument by which Lessee has tendered any
payment is returned to the Lessor and not honored, whether for insufficient funds or
>other reason, the Lessor will be entitled to charge and collect, in addition to any
applicable late payment fees as provided above, a fee of Twenty-five Dollars ($25.00) for
such dishonored instrument. Such penalty fee shall also be in addition to the amount of
fees due. The acceptance by the Lessor of the rent and/or landing fees plus any
applicable late fee and penalties following the receipt of a dishonored instrument shall
cure what would otherwise constitute a default under the terms of this lease. The
Lessor, at its option, however, may refuse any proffered fee payment and applicable Jate
fees and penalties, declare a default, and proceed according to Paragraph X of this lease.
ARTICLE V - LANDING FEES
The apron rental fee includes five landings per week; however, any landings over
five per week shall be computed as follows:
$.73 per 1,000 pounds of approved maxirTIum gross landing weight. A
minimum landing fee of $9.13 will be charged for all aircraft weighing less
than 12,500 Ibs. gross landing weight.
Lessee shaH report to the Lessor, not later than the 10th day of each month,
Lessee's Actual Revenue Trip Arrivals at the Airport during the preceding calendar
month, which shall include the number and type of such arrivals. The number of arrivals
so operated, multiplied by the applicable approved maximum gross landing weights for
each type of aircraft, shall determine the weight for which the monthly payment shall be
made.
The term 1\approved maximum gross landing wejgh~ for any aircraft as used
herein, shall be the maximum gross landing weight approved by the Federal Aviation
AdminIstration for landing such aircraft at the Airport herein. Lessee proVides service to
Marathon, Florida, utilizing a Cessna 208 Caravan. While this aircraft is owned by The
Federal Express Corporation, It is leased to and operated by Lesse~ based.,in Denver,
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North Carolina. As such Lessee is responsible for all the operating expenses related to
aircraft, including landing fees. In the event Lessee is unable to satisfy its obligations,
Federal Express Corporation will assume the responsibility for ensuring all payments and
contractual agreements are maintained.
ARTICLE VI - COMMON AREAS
Lessee shall have the right to, use, in common with others, the Airport space and
facilities to permit landing, taking' off, loading, unloading and servidng of Lessee's
aircraft, subject to reasonable rules and regulations of Lessor as to the' use of such
common spaces and facilities.
ARTICLE VII - RIGHT OF INGRESS AND EGRESS
Lessee, its agents, employees, customers, suppliers, and patrons shall have the
right of ingress and egress to and from the airport premises, which shall not De' .
unreasonably restricted by Lessor.
ARTICLE VIII - ASSIGNMENT
This agreement may not be assigned without the written consent of the Lessor.
ARTICLE IX - INDEMNIFICATION {HOLD HARMLESS
(a) Lessee agrees to indemnify and save Lessor harmless from and against all
claims and actions and expenses incidental thereto, arising out of damages or claims for
damages resulting from the negligence of Lessee, its agents, or employees in the use or
occupancy of the leased premises and the common areas of the Airport facilities by
Lessee.
The extent of liability is in no way limited to, reduced, or lessened by the
insurance requirements contained elsewhere within this agreement.
(b) Prior to Lessee taking possession of the property owned by the Lessor,
Lessee shall obtain, at its own expense, insurance as speCified in the attached schedules,
which are made a part of this lease agreement.
The Lessee will not be permitted to occu'py or use the lease property until
satisfactory evidence of the required insurance has been fumished to the Lessor as
specified below.
Lessee shall maintain the required insurance, throughout the entire term of this
lease agreement, and any extensions, as specified in the attached schedules labeled as
Exhibit "8". Failure to comply with this provision may result in the immediate
termination of the lease agreement and the return of all property owned by the Lessor.
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.
Lessor, at its sole Qption, has the right to 'required a certified copy of any or all
insurance policies required by this contract. ~
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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 the Lessee's insurance shall not be construed
as relieving the Lessee from any liability or obligation. assumed under this contract or
imposed by law.
The Monroe County Board of County Commissioners will be included as "Additional
Insured" on all policies. Lessee shall carry its insurance with Insurance companies
authorized to do business in the State of Florida.
Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of In.surance
Requirements" and be approved by Monroe County Risk Management.
ARTICLE X - DEFAULT
Unless the Lessor has accepted a rental payment and/or landing fee payment
after it has become due together with any applicable late payments and penalties, the
failure to pay rent and/or landing fees when due shall constitute a default under the
terms of this lease. The failure to pay any other charges or fees when due under this
agreement shall constitute a default. Further, the failure of Lessee to periorm any other
of the covenants of this lease, which failure shall continue for a period of fifteen (15)
days after notice thereof is given to Lessee in wnting by the Lessor, shall also constitute
a default under the terms of this lease. In the event of a default, Lessor may, at its
option, declare the lease forfeited and may immediately re-enter and take possession of
the leased premises and this lease shall terminate. If it shall be necessary to employ the
services of an attorney in order to enforce its right under this paragraph, or to collect
any of its rentals, fees, or charges due, Lessor shall be entitled to reasonable fair market
value attomey's fees.
ARTICLE Xl - CANCELLATION OF AGREEMENT
Lessor may cancel this agreement by giving Lessee sixty (60) days advanced
written notice upon the happening of anyone of .the following events: the appointment
of a receiver of Lessee's assets; the divesting of Lessee's leasehold estate by other
operatton of law; the abandonment by Lessee of its air cargo transportation business at
the Airport for a period of sixty (60) days. By the end of the sixty (60) day notice
period, Lessee shall have vacated the premises and the Lessor may immediately re-enter
and take possession of the same. If it is necessary to employ the services of an attorney
in order to enforce the Lessors rights under this paragraph, the Lessor shall be entitled
to reasonable fair market value attorney's fees.
ARTICLE XII - FAA REOUIREMENT~
.
The parties shall comply with FAA Required Lease Clauses, which are listed in
Exhibit "C, n attached hereto and made a part hereof.
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ARTICLE XIII - NOnCE~
Any notice or other communication from either party to the other pursuant to thi:
agreement is sufficiently given or communicated if sent by registered mail, with prope
postage and registration fees prepaid, addressed to the party for whom intended, at thE
following addresses:
For Lessor:
Airport Director
Key West International Airport
3491 S. Roosevelt Boulevard
Key West, FL 33040
For Lessee:
Mountain Air Cargo, Inc.
P. O. Box 488
Denver, NC 28037
or to such other address as the party being given such notice shall from time to time
designate to the other by notice given in accordance herewith. .
N WITNESS WHEREOF, the parties have caused this lease to be executed this
yof '7Cc l?i;t/l~1 !?4-~ , 2000. .
N~
~
Y L. KOLHAGE, CLERK
BOAR OF COUNTY COMMISSIONERS
NROE CDUNn', FLDRf9t r
~,e r1=~CJ
Mayor/Chairman
Clerk
By
(SEAL)
ATTEST:
MOUNTAIN AIR CARGO, INC.
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EXHIBIT rs,
I
INSURANCE
~
..
AIRCRAIT LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETIVEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the Vendor is engaged in providing commercial air transportation and delivery
service'to and from air facilities ovmed, operated, or maintained by the County, the.v endar sB.all. -
purchase and maintain, throughout the life of the contract, Aircraft and Airport Liability
Insurance which will respond to bodily injury and property damages resu!ting from any claim
arising out of the air transportation services governed by this. contract.
The Monroe County Board of County Commissioners shall be named as Additional Insured.
~~C ~
The minimum limits ofliability shall be $&() million per occurrence. If\L!
Modified by Risk Management 1/6/97
AIR3
\
~
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Administrati"'1 11lstJuctiun
r.t7M'1
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GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACf
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall 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:
$1,000,000 Combine,g Single Limit (CSL)
If split limits arc provided, the minimum limits acceptable shall be:
S 500,000 per Person
$ 1,000,000 per Occurrence
S 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 filed on or after the effective 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' shall be named as Additional Insured on
all policies issued to satisfy the above req~it:ements.
..
,
GLJ
"
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\
AdminiSlr.l.lioll lnmnu:liun
"
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACf
BEnVEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
. prior tQ\the commencement of wor~ shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for.
. . - .
. O\VI1ea, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
Sl,OOO,OOO Combined Single Limit (CSL)
If split limits arc provided, t~ minimum limits acceptable shall be:
S 500,000 per Person
$1,000,000 per Occurrence
S 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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Administration lltstrucliun
If 41U'J.2
...
WORKERS' COMPENSATION
INSURANCE REQUIRE?\fENTS
FOR
CONTRACI'
BETWEEN
MONROECO~,nORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
- statutes. . .
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
S 1 ,000,000 Bodily Injury by Accident
S 1,000.000 Bodily Injury by Disease, policy limits
S 1.000.000 Bodily Injury by Disease, each employee
. Coverage shall be maintainc.s!. throughout the entire term of the conlrn:ct.
Coverage shaH be provided by a company or compnnics 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 reeognize: and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Laber and a Certificate
of Insurance, providing details on the Contractors Excess Insurance Program.
. .
If the Contractor participates in a self.insurance fund, a Certificate of Insurance will be required.
In additio~ the Contractor may be required to submit updated financial statements frem the fund
upon request from the COWlty.
-.-
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,
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Adminimt:nion In.'illll('linn
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EXHIBIT 'e'
,
FM REQUIREMENTS.
.
#
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2.
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This l~asc shall be ~ubject to review and rc-7valu,
at the. end a f each .:;L year period, by the a~rpor1
Q~ner and the rent may be adjusted according to th!
action, not to exceed the Consumer Price Index rat!
during the last J.~ month'period, or;
Land less improve.ments :will be appraised every '5 y,
and the adjusted rental yill be based. on normally
percent of apn~aised value. -If dis~uted, lessor
obtains appraisal at ~is e.xpense and les~or/lessee
equally share expense for review ~~praisal' that
establish~s fair market value.
The tenant for himself, his personal represcntativ
SUCCQssors in interest, and assigns, as a part of
consideration hereof, does hereby covenant and agr
that (1) no person on t.he grounds af race, color',
national origin shall be excluded from participati
in I denied tJle bene! its of r or be otherwise subj ec
to disc=imination in the use of ~aid facilities,
th.J.t in the construction of a.ny improvements an, (
or under ~ch land and the furnishing of services
thereon, no pe~sQn an the groundz of race, color,
national origin shall be excluded from participat:
in I denied the benefi t~ af, or be othcntise subj Co!
to discrimination, (3) that the tenant shall use
premises in compliance vith all other requirement
imposed by or pursuant to Title 49, Cod~ of Feder
Regulations, Department of Transpcrta~~on, subtit
Office of the Secretary, Part 2~, Nandisc=iminati
Federally-assisted programs of the Department of,
Tran~partation-Effectuation af Title VI of the C~
Rights act of 1964, and,as said Regulations m~y b
amended.
. , ~
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That in the event of br~ach of any of the abov~
nondiscrimination covcnant~, Airport OvnCI shall
~lC right to tCrEinate the lca~e and to re-enter
if ~~id lease had never been ~ldc or issued. Tht
provi=ion shall not be effective until the prDc~C
of Title 49, Code of Federal Regulations, Part 2~
followed and completed including exercise or exp:
at appeal rights.
It shall be a condition of thiz lease, that the :
reZQrvc~ unto itself, it~ 5UCCC~~or~ ana a~ign~
the u:;c and lJenc.f it af the p.ublic, a right af fl..
for th~ pa~~fJ.gc of a' rc:ra rt in thcair::pacc, ahov'
t:l.l r- [...IC::r.. 0 f the r0.it 1 prorJ'~ ~t y he.! re i nOl [\:c.r dc.::cri h
t.t"lrJt.t.,~....t.. ~,.;+-,,, ..\...... ..-~"'..ll-.. ,....... ......_..-.- .
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no~ known or hQreaftQr used, far navigation of or
flight in the said airspace, and for Use of said
airspace for landing'on, taking Off from or operating
on the airport.
I
That the Tenant eA~resslY.agrees for itself, its
succeSSors and assigns, to restrict the height Of
structures, objects Of natural growtn and other
Obstructions on the hereinafter described real prOpert
to SUch a height so as to comp'ly with Federal AViation
Regulations, Part 77.
That the Lessee exprc~sly agrees for itself, its
successors and assigns, to prevent.any use of the
... hereinafter described real property \,fhich \,f.culd
interfere \,fiti, or adversely affect the operation Or
maintenance Of the airport, or otherwise constitute an
airport hazard. '1
4. This lease and all provJ.SJ.ons hereOf are subject ind
sUbordinate to the terms and conditions of the"
instruments and documents Under \,fhich the Airport' Owner
acquired ~le SUbject prOperty from the United States Of
America and shall be given only such effect as vill not
conflict or be inconsistent with the terms and
conditions contained in the lease of said lands from
the Airport Owner, and any existing or subsequent
amendments thereto, and are subject to any Ordinances,
rules or regulations which have been, or may hereafter
be adooted by tht'! Airport Owner Pertaining to the
_rrl ,A~ _ Airport.
5.
Hotvithstanding anything herein contained that may be,
or aPPt'!ar to be, to the contrary, it is expreSsly
llndt'!rstood and .agreed that the rights granted under.
thl-S agree:aent art'! nonexclUsive and tht'! Lessor herEllIl
reserves the right to ~t simLlar priVileges to
another Lessee or,Other Lessees on Othar-parts of the
aJ.rport.
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