Item C02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
DIVISION: COUNTY ADMINISTRATOR
EETING DATE: 6/15/05
DEPARTMENT: AIRPORTS
JLK ITEM: YES
STAFF CONTACT PERSON: Peter Horton
GENOA ITEM WORDING: Approval of lease extension agreement with Avis Rent a Car System for operations at the
lor'lda Keys Marathon Airport.
rEM BACKGROUND: The agreement extends the termination date to February 28,2010.
'REVIOUS RELEVANT BOCC ACTION: Approval of lease agreement dated April 17. 1996. and extension agreement
jated April 19, 2000.
CONTRACT/AGREEMENT CHANGES: Extends terminalion date to 2128/10. and adds Airport Security language. item
# 32.
STAFF RECOMMENDATION: Approval
BUDGETED: N/A
TOTAL COST: None
COST TO AIRPORT'. None
SOURCE OF FUNDS: N/A
COST TO COUNTY: None
AMOUNT PER YEAR: FY 2004 - $ 71,440.00
REVENUE PRODUCING: Yes
APPROVED BY: County Attorney X
OMS/Purchasing X
Risk Management X
AIRPORT DIRECTOR APPROVAL
~B
Peter J. Horton
DOCUMENTATION: Included X
Not Required
AGENDA ITEM #
DISPOSITION'
/bev
APB
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Avis Rent a Car Systems
Effective Date: 3/1/05
Expiration Date: 2/28/10
Contract Purpose/Description: Lease Extension Agreement
Contract Manager: Bevette Moore
(name)
# 5195
(Ext.)
Airports - Stop # 5
(Department! Stop)
for SOCC meeting on: 6/15/05
Agenda Deadline: 5/31/05
_----.------'20NT~T COSTS
~~~--- \-,.
Total Dollar Value of Contrtd: Revenue producing)\ Current Year Portion: N/A
Budgeted? N/A ~_=_~~~_~_ _ __- Account Codes: N/A
Grant: No
County Match: 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
Reviewer
Date Out
Airports Director
SJ !LOs
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Peter Horton
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Risk Management
O.M.B./pur~ng
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LEASE EXTENSION AGREEMENT
THIS LEASE EXTENSION agreement is entered into by and between Monroe County, ,
political subdivision ofthe State of Florida, hereafter Lessor, and AVIS RENT A CAR SYSTEMS
INC., a Florida corporation, hereafter Lessee or Concessionaire.
WHEREAS, on the 17th day of April, 1996, the parties entered into a car rental lease anc
concession at the Marathon Airport, hereafter original lease. A copy of the original lease is attachec
to this extension agreement and made a part of it; and
WHEREAS, the original agreement term ended on February 29, 2000 and the partie~
extended the original agreement term by five yeaTS; and,
WHEREAS, the lease extension expired on February 28, 2005 but the parties desire tc
extend the original agreement an additional 5 years; now, therefore,
IN CONSIDERATION of the mutual promises and covenants set forth below, the partie~
agree as follows:
1. Paragraph 2 of the original agreement is amended to read:
2. Term. This Agreement is for a term of five (5) years,
commencing on March 1, 2005 and expiring on
February 28,2010.
2. Paragraph 3d of the original agreement IS amended to provide a guaranteec
minimum of$16,675.
3 The following paragraph is appended to the lease extension and incorporated into the
original agreement as paragraph 32.
32. Airport Security.
a. General. The federal Transportation Security Administration is the federal agenc}
primarily responsible for overseeing the security measures utilized by the airport owner pursuant to
the relevant provisions of Chapter 49, United States Code, and regulations adopted under the
authority of the Code, including but not limited to 49 CFR 1540, et seq. Violations of the statutes or
regulations may result in severe civil monetary penalties being assessed against the airport operator.
It is the intent of the airport operator that the burdens and consequences of any security violations
imposed upon the airport operator as a result of actions by an airport tenant or the airport tenant's
employees, agents, invitees, or licensees shall be borne by the airport tenant.
b. Airport Tenant Defined. An airport tenant means any person, entity, organization,
partnership, corporation, or other legal association that has an agreement with the airport operator to
conduct business on airport property. The term also includes an airport tenant as defined in 49 CFR
1540.5. Each signatory to this Agreement, other than the airport operator, is an airport tenant.
c. Airport Operator Defined. As used in this Agreement, airport operator means Monroe
County, Florida, its elected and appointed officers, and its employees.
d. Airport Property Defined. Airport property shall mean the property owned or leased by,
or being lawfully used by, the airport operator for civil aviation and airport-related purposes. For
purposes of this Agreement, airport property is the property generally referred to as the Key West
Airport, the Marathon Airport, or both as may be set forth in this Agreement.
e. Inspection Authority. The airport tenant agrees to allow Transportation Security
Administration (TSA) authorized personnel, at any time or any place, to make inspections or tests,
including copying records, to determine compliance of the airport operator or airport tenant with the
applicable security requirements of Chapter 49, United States Code, and 49 CFR 1540, et seq.
f. Airport Security Program. The airport tenant agrees to become familiar, to the extent
permitted by the airport operator, with the Airport Security Program promulgated by the airport
operator and approved by TSA, and also agrees to conform its' operations and business activities to
the requirements of the Airport Security Program.
g. Tenant Security Program. If permitted under TSA regulations, the airport tenant may
voluntarily undertake to maintain an Airport Tenant Security Program as referred to in 49 CFR
1542.113. If the airport tenant voluntarily promulgates an Airport Tenant Security Program that is
approved by TSA, such program, as may be amended and approved from time to time, shall be
automatically incorporated into this Agreement
h. Breach of Agreement. Should TSA determine that the airport tenant or one or more of
the airport tenant's employees, agents, invitees, or licensees has committed an act or omitted to act
as required, and such act or omission is a violation which results in TSA imposing a civil penalty
against the airport operator in accordance with TSA's Enforcement Sanction Guidance Policy, such
determination and imposition of a civil penalty by TSA shall be considered a significant breach of
this Agreement.
(1). Minimum Violation. If the violation is the first or second violation attributed to the
airport tenant and is a civil penalty "minimum violation" as provided for in TSA's Enforcement
Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator
the total costs incurred by the airport operator, including any fines or penalties imposed, in
investigating, defending, mitigating, compromising, or taking of remedial measures as may be
agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in
the investigation, defense, compromising, mitigation, or taking of remedial action measures. If the
violation is a third violation, or there are multiple violations in excess of two violations, that is or
are a civil penalty "minimum violation", the airport tenant shall pay to the airport operator the total
costs incurred by the airport operator, including any fines or penalties imposed, in investigating,
defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA,
to include but not be limited to reasonable attorney's fees and costs incurred in the investigation,
defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport
operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective
thirty calendar days after receipt by the airport tenant of written notice of cancellation of this
Agreement by the airport operator.
(2). Moderate Violation. If the violation is the first or second violation attributed to the
airport tenant and is a civil penalty "moderate violation" as provided for in TSA' s Enforcement
Sanction Guidance Policy, the airport tenant may cure the breach by paying to the airport operator
the total costs incurred by the airport operator, including any fines or penalties imposed, in
investigating, defending, compromising, mitigating, or taking of remedial measures as may be
agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in
the investigation, defense, compromising, mitigation, or taking of remedial action measures; and,
further, the airport tenant may cause all of airport tenant's employees involved in the airport
tenant's business operations on the airport property to undergo such security training as may be
required by the airport operator. The total cost of the training shall be paid for by the airport tenant.
If the violation is a third violation, or there are multiple violations in excess of two violations, that is
or are a civil penalty "moderate violation", the airport tenant shall pay to the airport operator the
total costs incurred by the airport operator, including any fines or penalties imposed, in
investigating, defending, compromising, mitigating, or taking of remedial measures as may be
agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred in
the investigation, defense, compromising, mitigation, or taking of remedial action measures; and,
further, the airport operator shall have the right to unilaterally cancel this Agreement, such
cancellation to be effective thirty calendar days after receipt by the airport tenant of written notice
of cancellation of this Agreement by the airport operator.
(3). Maximum Violation. If the violation is the first violation attributed to the airport tenant
and is a civil penalty "maximum violation" as provided for in TSA's Enforcement Sanction
Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total
costs incurred by the airport operator, including any fines and penalties imposed, in investigating,
defending, compromising, mitigating, or taking of remedial measures as
may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs
incurred in the investigation, defense, compromising, mitigation, or taking of remedial action
measures; and, further, the airport tenant may cause all of airport tenant's employees involved in the
airport tenant's business operations on the airport property to undergo such security training as may
be required by the airport operator. The total cost of the training shall be paid for by the airport
tenant. If the violation is a second violation, or there are multiple violations, that is or are a civil
penalty "maximum violation", the airport tenant shall pay to the airport operator the total costs
inclUTed by the airport operator, including any fines or penalties imposed, in investigating,
defending, compromising, mitigating, or taking of remedial measures as may be agreed to by TSA,
to include but not be limited to reasonable attorney's fees and costs incurred in the investigation,
defense, compromising, mitigation, or taking of remedial action measures; and, further, the airport
operator shall have the right to unilaterally cancel this Agreement, such cancellation to be effective
thirty calendar days after receipt by the airport tenant of written notice of cancellation of this
Agreement by the airport operator.
(4). Mitigation of Breach. TSA has a policy of forgoing civil penalty actions when the
airport operator detects violations, promptly discloses the violations to TSA, and takes prompt
corrective action to ensure that the same or similar violations do not recur. This policy is known as
the TSA Voluntary Disclosure Program Policy, and is designed to encourage compliance with TSA
regulations, foster secure practices, and encourage the development of internal evaluation programs.
The airport tenant agrees that upon detecting a violation the airport tenant will immediately report it
to the airport operator. Should the TSA ultimately determine that the violation was committed by
the airport tenant, or an employee, agent, invitee, or licensee of the airport tenant, but the violation
should result in the issuance of a letter of correction in lieu of a civil penalty, then the airport tenant
shall reimburse the airport operator the total costs incurred by the airport operator in investigating,
defending, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but
not be limited to reasonable attorney's fees and costs incurred in the investigation, defense,
mitigation, or taking of remedial action measures. A violation resulting in the issuance of a letter of
correction shall not be considered to be a breach oftrus Agreement by the airport tenant
(5). Survival of Sub-Section. This sub-section h shall survive the cancellation or
termination of this Agreement, and shall be in full force and effect
i. Hold Harmless; Indemnification; Defense; Release; Survival. Notwithstanding any minimum
insurance requirements prescribed elsewhere in this Agreement, the airport tenant agrees to hold
harmless, indemnify, defend and release the airport operator, and the airport operator's elected and
appointed officers and employees, from any claims, actions, causes of action, litigation,
administrative proceedings, appellate proceedings, or other proceedings relating to any and all types
of injury, including death, loss, damage, fines, penalties, or business interruption of any nature
whatsoever, of or to any person or property in connection with the use of the airport property under
this Agreement, regardless of causation and including criminal acts of third parties; and especially
including any and all fines, penalties, out of pocket expenses, attorney's fees and costs, and costs of
remediation or additional security measures required to be implemented by any governmental
agency (including but not limited to the Federal Aviation Administration and the Transportation
Security Administration) resulting from a violation of any federal law or federal regulation. This
sub-section shall survive the cancellation or termination of this Agreement.
4. Except as set forth in paragraphs one and two of this lease extension agreement in all
other respects the terms and conditions of the original agreement 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)
COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD
OF
COUNTY
OF MONROE COUNTY, FLORIDA
By
By
Mayor/Chairperson
Deputy Clerk
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BUDGET RENT A CAR SYSTEMS, INC
By_
Title
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Robert Souta, Senior Vice President
For Properties & Facilities for Cendant Car Rental Group, Inc.
an authonzed representative of Avis Rent A Car System, inc.
This doc~ment ~as pr~pa~ Itnd appr
f~<iD ( 41 1:tU~
Pedro 1. Mercadt>, Esq.
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LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
warrants that helit has not employed, retained
or otherwise had act on hi slits behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 1O~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.
;6t~ A"Zh
Date:
Robert 80 uta I Senior Vice Pres ide nt
For Properties & Facilities for Cendan! Car Rental Group, Inc
an authorized representative of Avis Rent A Car System. Inc,
STATE OF
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COUNTY OF
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PERSONALL Y APPEARED BEFORE ME, the undersigned authority,
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who, after first being sworn by me, affixed his/her
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I, NOTARY PUBLIC
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My commission expires:
CYNTIA M. HERMES
NOTARY PUBLIC, STATE OF NEW JERSEY
NO. 2284899
MY COMMISSION EXPIRES: 3/05/07
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LEASE EXTENSION AGREEMENT
THIS LEASE EXTENSION agreement is entered into by and betvveen Monroe County, a
political subdivision of the State of Florida, hereafter Lessor, and AVIS RENT A CAR SYSTEM,
INC., a Florida corporation, hereofter.Lessee or Concessionaire.
WHEREAS, on the 17th day of April, 1996, the parties entered into a car rental lease and
concession at the Marathon Airport, hereafter original lease. A copy of the original lease is
attached to this extension agreement and made a part of it; and
WHEREAS, the original agreement term ends on February 29,2000 but the parties desire
to extend the original agreement term by five years; now, therefore,
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties
agree as follows:
1. Paragraph 2 of the original agreement is amended to read:
2. Term. This Agreement is for a term of five (5) years,
commencing on February 29, 2000 and expiring on
February 28, 2005.
2. Subparagraph 3(d), first sentence, is amended to read:
3(d). The guaranteed minimum annual concession fee is $16,675 per year
unless an additional rental car concession is granted at the Marathon Airport in
which case the parties will renegotiate downward the minimum guaranteed
amount.
3. Except as set forth in paragraphs one and two of this lease extension
agreement in all other respects the terms and conditions of the original agreement remain in
full force and effect.
~ .~ITNE$S WHEREOF. the parties hereta have set their hands and seals this /9 z5fdaY
/(:)~,.,. .' ., L ,2000.
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":""'~....::J~J:mS.f'~ .. . L. KOLHAGE, CLERK
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By, -,'.,
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BOARD OF COUNTY COMMISSIONERS
OF M.ONr.:rC~UNTY, F~~IDA
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Mayor/Chairperson
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AVIS RENT A CAR SYSTEM, INC.
iairiiiextend
By
Title
LE,4SE AND CONCESSION AGREEMENT
MARATHON AIRPORT
THIS CONTRACT OF LEASE' is made and en1ered into on the ! 7 day of
._~~
, ) 99~. by and between MONROE COUNTY, a political subdivision of
the Stote of Florida, hereinafter referred to as Lessor, and AVIS RENT A CAR SYSTEM,
INC., qualified jo do business in the State of Florida, hereinafter referred to as Lessee or,
Concessionaire;
Wf-<:EREAS. Lessor desires to grant to Lessee a non*exdusive right to operate an.
automobile rental concession at and from the Marathon Airport at Marathon, Florida,
hereinafter referred to as Airport; and
WHEREAS, Lessor and Lessee desire, in connection with sajd operations, to
pr"ovide for 7~e ieasing by Lessor to Lessee of certain space In and around the Airline
Terminal at the Airport for the establishment of a Renia! Car Concession to
accommodate the Lessee's customer3 and provide space for the temporary
placement of rental ready vehicles and for other purposes in connection with said
operations, 011 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 exclusive use os rental car
office space;; 102 located in the airline terminal at Marathon, Monroe County, Florida,
said space containing 247 square feet, dnd being designated- "Auto Rental
Office(Counter." as shown on Exhibit A, attached hereto and made a part hereof; and
In OdOiiion therelo, hereby provides 7124 sq. ft. of car prep. area and fourieen (14)
rental car reedy spaces in the parking lot.
2. ierm - This agreement is' for 0 term of five (5) years, commenCIng Morcn
1, 1995, and exoiring on February 29, 2000.
3. Rental and Fees - Lessee. for and during the term hereof, sholl pay to
Lessor for the use and occupancy of said Basic Premises ana for lhe rights and
privileges herein granted it at the following scheduled rates and fees:
(0) Counter Rental: Office/Counter space rental will be paid
for at the follow rates:
Marathon Airport - $20.00/sq. ff./per annum -;- tax.
Counter/office rental space includes that space physically enclosed by
the counter, side pariitions and bockwall. This rate includes the operating
and maintenance expense directly r~lated to the airline terminal cost
center plus allocated administrative cost plus return on investment. These
rates, which ore currently equal to the airline rental rate for publicly
exposed space, will be adjusted yearly. The annual adjustment shall be
made in accordance with percentage change in the Consumer Price
Index (CPI) for Wage Earners and Clerical Workers in the Miami. Florida.
area index, and sholl be based upon the annual overage CPI
cOrT'IPuloiion from January 1 through December 21 of the previous year.
(b) Cor orea. Area - 7124 sq. ft. - .395/sq. ft./per annum - utilities
10 De pOld by Lessee. Lessor shall obtain any development permits. use
permits and occupational licenses necessary for the wcshing and other
preparation, other than mechanical repairs. of cars for rental.
(c) Fourleen (14 \ Car Readv Sooces - Exhibit C - no charge.
(d) Concession Fee: Guaranteed minimum annual
concession fee for each contract year of the five (5) year term of this
concession agreement sholl be $25,000.00. The Lessee agrees fa pay
mOnThly Ten (10) percent of gross revenues for the previous month or one
twelfth (1/12) the guaranteed annual minimum. whichever is greoter. In
the event the total amount paid during anyone year period under this
method exceeds ten percent of gross revenues or the annual minimum
guore ntee, whichever is greater, for that one year period. an ad,iJJstment
witt be mode to the first months rent tor the next subsequent period or, at
the enCl of the fifth year, reimbursement will be made within thirty days.
."
2
A perior~lonce bona in the amount of $25,000 (tvventy-five ;hc,;sand doiiars) sholl be
provided 10 the Board of County Commissione~ and sholl be held in escrow as security
10 insure conformance with the contract provisions. It is nor the ~n1ent of the- County to
(;011 the bore for rental payments vnless there is a violation of tne contract.
4. Definition of Gross Receiots * 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 cosh 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 10 the
customer at the Airport, regardless of where the paymeni is made or where the vehicle
is returned. ihe Concessionaire for the purpose of its concession rentals shall report all
income. both cash and credit, in ifs monthly gross receipts statement.
5. Accountinc Procedures - The Concessionaire shall keep records of all
soles and revenues, whether for cosh or credit. whether coilected or not from its
operations in a manner generally accepled as standard Ie the automobile rental
industry located 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 trO;1saction whether for cash or credit. Lessee fUrTher agrees that it will
make available to Monroe County. a full and complete book of accounts 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 other authorized representative, shall have the right to inspec.t and audit the
Concessionaire's books of accounts and other records oirecl!y generated at Jne
3
;'J\orathon Alrpon office or otherwise periolning directly to this ogree:nen1. KnowIngly
furnishing 1 he County a false slatement of its gross sales under the provision hereof will
constitute a default by the Concessionaire of this agreement and the County may, 01
:Is option. aeciare this contract h:=rminated. The Lessee retains the right to have its
controller or a representative assigned by its controller to be present during any
inspection or audit by the County. Ten (10) business day's notice must be given of
intent to audit by the County to allow Lessee's controller sufficient time to schedule.
said presence.
6. AbG1emenl of Minimum Guarantee * In the event that (1) for any reason
the number of passengers deplaning on scheduled airline flights at the Airpori during
any month sholl be less than eighty percent (80%) of the number of such deplaning
passengers in the some period of calendar year 1994, or in the event that (2) in the
opinion of the 300rd of County Commissioners, the operation of Lessee's cor 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 shorioges or other disruptions results in the material diminution in Lessee's gross
receipts hereunder for a period of at leasi ihirty (30) days, and said shoncges or oiher
,disruptions are not caused by a labor dispute with Lessee, such diminution to be
satisfactorily demonstrated by Lessee to the Boord 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 sholl continue 10
pay to the Lessor ten percent (10%) of gros5 receipts from the operation!"" nereunder as
hereinbefore defined.
4
....
7. InveSTment bv lhe I_essee - .AI: leasehold 'Irr.provernents and their titles
shail ves1 immediately in Monroe County upon their acceptance by the County.
~urniture, furnishings, fixtures and equipment will remain the personal properly of
Concessionaire and may be removed upon the termination of the agreement,
Pi Dvided all of its accounts payable to the County are poia at that time. or in the
event the County does not purchase same.
8. Leasehold Imorovements - 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 propeny useful from time to time in connection with its
operation on the Airpon 011 of which sha!1 be and remain the property of
Lessee and may be removed by Lessee prior to or within a reasonable
time ofter expiration of the term of this agreement: provided, however,
that Lessee shall repair any damage to the premises caused by such
removal. The failure to remove trade fixtures or other personal property
shall not constitute Lessee 0 hold-over, but all such property not removed
within ten (10) days ofler Lessee receives a written demand for such
removol shall be deemed abandoned and thereupon shall be the sole
property of the Lessor.
Leasehold improvements shall include any installation of walls, partitions, doors and
windows, any elecirical wiring, panels, conduits. ser.;ice connections, recepia:::les or
lighfrng fixtures attached to walls, partitions, ceiiings or floor. all interiOf finish to floors,
wa lis. doors. windows or ceilings: and all floor treatments or coverings, other than
5
.
carpeting. that :s affixec to floors: sanitary disposal lines ana' sinks, commodes, arid
garbage disposal uniis: 011 heating, oir treatmeni or ventilating distribuTion systems,
including pioes, ducts. venthoods, air handling units and hot water generators: and all
refrigerator rooms or va utls and' refrigerated waste rooms includIng refrigeration or
ventllating equipment included with same.
Any furniture, fixtures, equipment.
carpeting and draperies not classified os leasehold improvements above sholl be the
personal property of the Concessionaire.
9. DamaGe and Iniurv - Lessee covenants that it and 011 of its agents.
servants. employees, .and independent contrqctors will use due core 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 011 damages to the property of the
County which may be caused by an act or omission on the parl of the Concessionaire,
its agents. servants, or employees and except to the extent that such damage 10 the
properly is covered by insurance required 10 be provided by the Concessionaire under
OilY provision hereof. or is provided by Monroe County (except subrogation righls of the
COU~lty' s cCl~ier:, Concessionaire snail pay, on behalf of the County. all sums which the
County shall become obligated 10 pay by recson of the liability, if any, imposed by law
. upon 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 ihereof which
may be caused by or resul: from any of lhe activities, omission, or operations of the
Concessionaire. its oge:lts, servants. or employees on the Airporl.
6
j O. Other DeveJooment of Armon - Monroe County reserves the rignt to
further develop or improve the :anding area of the Arrporl as its sees fi1. regardless of
the desires or views of the Concessionaire, and without rnterference or hindrance:
provided, however, that in no eV'ent can the County deprive the Concessionaire of
reasonable and direct routes of ingress and egress to the premises.
) 1. Terminal Area Plonnrnq - Lessee acknowledges that Monroe County has
Master Plans including terminal area revisions. Lessee hereby agrees 10 cooperate to .
the fullest with the County, especially in those areas of terminal improvements which
:IIOY at some time cause relocation of rental car facilities.
12. utilities. Electricity. water and trash removal service will be assessed to
Lessee at a surcharge of $250.00 per month, which monthly fee shall be adjusted lor
each contract year commencing November 15, 1995, in accordance with the
percentage change in the Consumer Price Index (ePI) for Wage Earners and Clerical
VYorKers in the Miami, Flonda, area index. and shall be based upon the annual average
CPI computation from January 1 !hrough December 31 of the previous year.
13. Lessee's Obi'lootior:s - Lessee covenants and agrees:
(0) 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 ihe demised premises In good
condition, order and repair during the term of this agreement. and 10
surrender the same upon the expiration of the lerm In the condition in
which they are requirea to be kept, reasonable wea.'" and' lear and
damage by casualty, no: caused by Lessee's negligence, riot and civil
commotion, excepted:
7
(d) to observe end comply with any and all requirements of the
cor:stiluied public outhorities and with all federal, state or local statutes,
ordinances. regulations. and standards applicable to Lessee or its use of
ihe demIsed premises, including, but not limited to, rules and regulo!ions
pw:nulgated from time to time by or at the direction of Lessor for
acministration of the Airpori;
(e) to pay all taxes assessed or imposed by any governmental
auThority upon any building or other improvements erected or installed
on !he demised premises during the term of this agreement;
(f] to control the conduct, manner and appearance of its
officers, agents, and employees, and any objection trom the Director of
!',Irpons conce:ning the conduct. manner or appearance of such
pe'sons. Concessionolre shall forthwith take steps necessary to remove
i ne ::0 use of the objection.
14. Le~sor s Insoection and Maintenance - Lessor and its authorized officers,
employees agenTS. controctors, subcontractors and other representatives shall have
ihe right iO enter upon the demised premise~ for the following purposes:
(0) 10 inspect the demised premises at reasonable intervals during
reguiar business hours (or at any lime in case of emergency) to determine
wnethe Lessee hos compiied and is complying with the terms and
co~,aijior.s of this agreement with respect thereto; or
(b) to periorm essential maintenance, repair, relocation, or removal of
exisjing underground and overhead wires, pipes, drains, cables end
conduits now locoled on or across the demised premises, and to
cons:ruct, maintain, repoir. relocale and remove such facilities in the
fL/1Ure if necessary 10 corry out the Master Plan of development of :he
AI~~:.)n: provided, however. tho! said work shall in no event disrupt or
unouly in1erfere with the operations of Lessee, and provided furiher, tho!
the en1ire cost of such work. including but not limited 10 the cost of
rebuilding, removing, relocaflng, protec1ing or otherNise modifying any
fixed improvements at any time erected or installed 'In or upon the
demised premises by Lessor, Lessee or third ponies, as a result of the
exercise by Lessor of its rights hereunder, and lhe repair of all damage to
such fixed improvements caused thereby, shall be borne solely by Lessor.
15. Inaemnification - Lessee shall indemnify and hold Lessor forever harmless
from and'cgalnst all I'lability imposed upon Lessor by reason of legal liability for injunes
"-
8
to persons. or wro.~.gfuJ aeC:h c~o aamages to prcper:y CO'-Jsed by Lessee's
operaTions or activities orl such premises or elsewhere aT j he Airport. provided thaT
Lessor sholl give Lessee prompt ar,d timely notice of any claim mode against Lessor
which may result in a judgment ago'inst Lessor because of such injury or damoge and
promptly deliver to Lessee any pO:Jers. notices, documents, summonses, or other legal
process whatsoever served upon Lessor or its agents, and provided further thai Lessee
and its insurer, or either of them, sholl have the right to investigate, compromise, or.
defend 011 claims, actions, suits and proceedings to the extent of Lessee's interest
therein: and in connection therewith, the panies hereto agree to faithfully cooperate
with each other and with Lessee's insurer or agents in any soia action.
(a) Insurance Lessee sholl calT'y' fire ond eXTended coverage
insurance. if obtainable. or all fixed improvements erecied by Lessee n
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 rhat amount for which 0 prudent owner in
like circumstances would insure similar property, buf in no event an
amount in excess of Lessee's original cost of constructing soid fixed
improvements.
(b) Coveraae The Lessee shol! procure and mainlOin insurance of
the types and to the limits as contained in Exhibit "D", which is hereby
mode a pori of this Lease.
16. Non-Discrimination - I.essee shall furnish all servIces authorized under this
agreement on a fair, equal and non*discrimino1ory basis 10 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 this agreemeni shall be construed as
requiring the Lessee to seek cDprovc! by Monroe CounTy before' or ofter Lessee
. ,
establishes or alters its rental cor rOles. Lessee shall not discriminate in its employment
9
prac:lces ogoi:-;ST o:,y ;:)e'50n or, the basis of race, sex, creea. color. :101ionOI origin.
age or any OTher chorocterisi'lc or aspect which is not job related.
17. Rules ard Rec'.Jlotions . Lessee agrees 10 observe and obey. dUring ;he
term of this agreement, 011 lows, ordinances, rules and regulO1ions 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 dote of this
contract, the County shall provide Lessee a writien list of all rules and regulations which
d has promulgciec l.:p unTil tnot time and which will effect 1he Lessee's operct'lons
Ilereunoer. in lheevenl new rUies and regulations ore Gontempioted, writien notice of
some shall be furnished 10 Lessee. and Lessee will be given thirty (30) days to comply.
In the event :hot Lessee should determine that any contemplated rule or regulation
unreasonably hinders him in his operation under this agreement, the Lessee shall so
notify jhe County. arid the ~o:iies hereto aoree thai any problem ariSing inciderdol
thereto will, :::JS much os Dossible, be worked out between the ponies without the
necessity to resori jo further legal remedies.
18. rurnishino of Service - The Lessee funher covenants and agrees thot he
will, at all times during the continuance of jhe term hereby demised and any renewal
or extension jhereof. conduct, ooerate, and ma'lnlain for the benefii of the pubi'lc. the
rental car concession provided for and described here'ln. and all aspects and pc~s
and services thereof os hereinabove defined and set forih, 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.
10
19. United States' Reouireme":s - This lease shall be subjec: and suborainole
to the provisions of any existing or future agreement between tile Lessor ond the United
States reia~lve to the operation or ~':IOi;;~en:::::nce of the Airpon, :::no exec'ution of which
has been or may be requ'lred by' the ;:xovision 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 couse any such agreement to include provisions protecting ond preserving the rights.
of L.essee in and to the demised prer:-'Iises and improvements thereon, and to
comDensation for' the taking thereof, ond oayment for interference therewith and for
o::::::::age thereto. caused by such agreer:!ent or by actions of the Lessor or the United
Stales pUf3uant thereto.
20.
Lessor's Covenants - The Lessor covenants a nd agrees the::
--
(a) Lessor is the lawful owner of the property demised
hereby, that it has lawful possession thereof, and hos goed
and lawful a uthority to execute this Lease: and
(b) throughout the term hereof Lessee may have, hold end
enJOY peaceful and uninierru pted possession of the
premises and rights herein leased and granted, subjec: to
performance by Lessor of its obligations herein.
21. Cancellation bv Lessor - If any of the following events occur, the Lessee
shall be deemed to be in default of its obligations under the ogreemen:, in which case
Monroe County shall give the Lessee notice in writing to cure such defcult within fhirty
(30) days, or the concession will be automatically canceled at the er.d 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 nereof:
1 1
(0) if Lessee shaJI make 0 general assignment for the
benefli of ced:tors. or file a voluntary peliiion In bankruptcy
or a Detihon or answer seeking its reorgan:zolion or the
reod.ius:r:lent of its inoebtedness under the Federal
Bar,Krupicy_cws of any other similar law or statute of the
UnlieC Sioles or any s1ole. or government. or consent to the
cppoinrmenr of a receiver, trustee or liquidator of all or
substa ntiolly all of the properly of Lessee:
(b) if any order or decree of a court of competent
jurisdiction Lessee sholl be adjudged bankrupt or on order
shall be made approving a petition seeking its
reorganization, or the readjustment of its indebtedness
under the Federal Bankruptcy Lows of any law or statute of
the United SIOies or any state. lemtory, or possession thereof
or under the icw of any other state, nation. or government,
provided. that if such judgment or order be stayed or
vacated within ninety (90) days ofter 1he entry thereof, any
notice of cancellation given shall be ond become void and
of no effect;
.....
(cl if by or pursuant to any order or decree of any court
or governmentcl authority. boord. agency or officer having
junsaicTion. a receiver, trustee or liquidaTor shall take
possession or control of all or substan1ially all of the property
of Lessee for the benefit of credilors. provided. !hot if such
oreer or decree De s1eyed or vaca1ed wiThin sixty (60) days
afte: the entry thereof or du.ring such longer period in which
Lessee diligently and in good faith contests the same, any
norice of canceliation sholl be and will become null. void
ona of no effect;
(d) if L.essee fails to pay the rental charges or other
money payments required by ~his instrument and such
failure shall not be remedied within thirty (30) days following
receipt by Lessee of written demand from lessor 10 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 receip1
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 t'ollowing receipf by Lessee
of written demand from Lessor to do SQ, then, if Lessee sholl
hove foded to commence the remedying of such default
within thirty (30) days following such written notice. or having
12
so corr:menced, sholl fair thereafter to continue with
diligence 1he curi'ng thereot:
(f) if 7~e Lessee sholl deser1 or abanoon the premises for
seven (71 consecutive caiendar days:
(g) if the concession or the estate of the Lessee
hereunder shall be tro nsfelTed, subleased, or assigned in
any manner except in the manner as herein permitted:
(h) if the Lessee sholl fail to pay any validlv imoosed 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
Deriod ailowed by law, or by the governmental authority
imposing ~he some, during which payment is permitted
withoui penalty or interest: in complying with this
su bparcgraph the Lessee does not waive his right to protest
such tax. Clssessment, rent, role or charge; or
(i) if the ~essee fails to provide service as required by
specificajions for five days during any thirty day period,
unless such failure is caused by an act of God, national
emergency or 0 labor strike of which the Lessee has given
the County immediate notice, the concession may be
co ncelec within thirty (30) days of The giving of notice by
the COUnTy and the Lessee sholl not be permitted to cure
such default.
22, Additional Remedies * In the event of a breach or a threatened brec::h
by Lessee of any of the agreements, terms, covenants and conditions hereof, the
County shall have the right of injunction to restrain said breech and to invoke any
remedy allowed by law or equiry, 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 no one of them, whether or not exercised by
the County, shall be deemed to be in exclusion of any of the others herein or by low or
'In equity- provided. No receipi of monies by Monroe County from Lessee ofler the
13
.'
cance!ICTion or termination hereof shot! reins:ate. contInue or extend lhe terrl.. or
affect any notice previously given to Lessee, or operate as 0 waiver of tne right of :he
CounTy to enforce the payment of rentals and other charges then due or thereafter
lolling cue. or ODeraie as 0 waiver of the righ1 of the County 10 recover possession of
the orernises by suit or othervvise. It is agreed thoL after the service of notice 10 cancel
or termlnCie as herein provided. or after the commencement of any proceeding, or
after a finai order for possession of the premises, the County may demand and collect.
any mor,ies due. or thereafter falling due, without in any manner affecting such notice,
proceesing. or order: and any and 011 such monies and occupation of the premises, or
ot the e!ec~:on of the C ou nty on occount of Lessee's liability hereunder. The parties
aaree 'hat any litig01ion arising out of the agreement sholl be brought in Monroe
County. ~io:ido. and determined under the laws of 1he State of Florida. Lessee will pay
any reasonable aHorney's fees incurred if the County prevails in the enforcement of
....
the agreemenL regardless of whether or not a lawsuit is filed, including bui not limited
to all costs one' 8ttorney's fees incurTed in collecting, trial, bankrupicy or reorganizaTion
proceecings or appeal of any matter hereunder and all costs, charges and expenses
incurrec herein.
23. Cancellation by 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 ~ he following events, if said event or events is then continuing:
(0) the issuance by any court of apparent competent
.iurisd'lciion of on injunction, order, or decree preventing or
restraining the use by Lessee of all or any substantial pan-of
the demised premises or preventing or restraining the use of
the Airponlor usual airporl purposes in its entirety, or the use
of any pori thereof which may be used by Lessee and
14
wnic~ IS necessary for Lessee's operations ai, the Airpori.
which remains In force--.:nvocoted or unstoyea for a period
of 01 least one hundred tvYenty (120) days;
(b) the default of Lessor in the performance ot 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 (30) days following receipt of writien
demand from Lessee to do so, except that if by reason of
the nature of such default, the same cannot be cured
within said thirty (30) days, then Lessee shall have the right to
cancel if Lessor shall have failed to commence to remedy
such default within soid thirty (30) days following receipt of
such written demand, or having so commenced. sholl foil
thereafter to continue with diligence the curing thereof;
(e) the inability of ~essee to conduct its business at the
Airpori '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, Pi) 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 ore totally destroyed or so extensively damaged
thai it would be impracticable or uneconomical to restore
the some 10 their previous condition as 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
apponioned betvveen Lessor and Lessee, Lessor receiving
the same proporiion of such proceeds as the then expired
pori'lon of 1he lease term bears to the full term hereby
grantee. 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 lheir prior condition within a reasonable time, then Lessee
shall restore the same with reasonable promptness, and
sholl 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 the;-8of shall belong to Lessee:
(e) in the event of de.struction of all or a material portion
of the Airpori or the Airpori facilities, or in the event that any
15
agency or instrumentality of the United States Government.
or ony Sicie or loco! government oCCUpIes the Airport or a
subs1an :10; par, thereof, or in the event of military
mODiliZ8ilon or public emergency wherein there is a
cur1oii~e::~ either by executive decree or legislative action,
of nor::.c, Civilian traffic at the Airport or the use of motor
vehicles or airplanes by the general public, or a limdation of
the sup~ly of automobiles or of automobile fueL supplies, or
ports for general public use, and any of said events results in
material Interference with Lessee's normal business
operations or substantial diminution of Lessee's gross
revenue from its automobile ren1al concession at the
AI;porL cor,iinuing for a period in excess of fifteen r 15) days;
(f) 'In i he event that 01 any time prior to or during the
term oi 'hiS8greement, Lessee's presently existing right to
operate or, olltomobiie rental concession at the Airpori is
withdrawn, canceled. lerminoted, or not renewed by Lessor;
(g) the taking of the whole or any part of the demised
premises by lhe exercise of any right of condemnation or
eminent domain:
(h) if aj any time during the basic term or option term of
this lease a majority of the scheduled air transporiation
serving ;ne !ocal areo no longer operates from the Airport;
or
"
(i) if at any lime during' the basic 1erm hereof or the
option oenoas, 1he Airport or terminal building is removed to
a :Jlace more than three (3) rood miles in distance from ils
present lo:::c1ion.
24. Lessee's Reserved Riohts - Nothing contained in 1his Agreement shall limit
or restrict in any way such lowful rights as Lessee may have now or in the future to
mointain claims agains1 the federal, state, or municipal government, or any
department or agency thereof, or against any interstate body, commission or authoriry,
or other public or private body exercising governmental powers, for damages or
compensation by reason of the taking or occupation, by condemnation or othervvise,
of all or a substantia! port of the demised premises, including fixed improvements
16
...
thereon, or of all or 0 material pan of the Airpori with adverse effects upon Lessee' s use
and enjoyment of the demised premises for the purposes hereinoDove set forih; and
Lessor hereby agrees to cooperate with Lessee in maintenance of any just claim of said
nature. and to refrain from hin'dering, opposing, or obstn...'cfwlg the maintenance
thereby by Lessee.
25. Assianment and Subletiina * It is expressly agreed and understood that
any and all obligations of Lessee hereunder may be fulfilled or discharged either by.
Lessee or by a Licensed member of Avis Rent A Car System, Inc., duly appointed
thereto by Avis Reni A Cor System, Inc.. and that any and oj] privileges of every. kind
granted Lessee hereunder extends TO any Licensee so appointee: provided, however,
that notwithslanding the method of operation employed by ~essee hereunder any
appointed Lessee always sholl continue to remain directly iicble to Lessor for the
periormance of 011 terms and conditions of this lease. Except hereinabove sef out, the
premises may not be sublet, in whole or in pari, and Lessee shall no1 assign this
agreement without prior written consent of Lessor, nor permit ony T~onsfer by operation
of law of Lessee's interest created hereDY, other than by merger or c:msoiidotion.
26. Other Use - Lessee shall not use or permit the use of the demised premises
or any pari thereof for any purpose or use other than an authorized by this agreement.
27. Liens - Lessee shall couse to be removed any and all liens of any nature
arising out of or because of any construction performed by Lessee or any of its
contrac10rs or subcontroctors upon the demised premises or arising out of or because
of the periormonce or any work or lobm upon or the furnishing of any materials for use
at SOld premises. by or 01 the direction of Lessee.
17
28.
Time
in compuiing Lessee's term within which to commence
.....
construction of any fixed impiovements or to cure any default as required by this
Lease. there sholl be excluded all delays due to strikes, iockou1s. acts ot God and the
public enemy. or by order or diiE:ction or other interference by any municipal. State,
h;deral or other governmental department, boord, or commission having jurisdiction.
or other causes beyond lessee's control.
29, The County hereby agrees nol to enter into any automobile rental.
concession agreement with any person. partnership, or corporation other than the
Concessionaire unless the some shall be upon terms no more favorable than those
herein granted to the Concessionaire, and shall requIre automobile rental services
substantially ecuivclent to those ovailable from automoDiie rental concessionaires
upon airporls of c;:)mparable Size throughout the United States. Nothing herein
contained shall limiied the County from making such reasonable distinctions between
Jhe automobile re,ntai concessionaires with respect to the assignment or allocation of
rental counter space and parking areas os may appear to it to be justified by the
differing operational recuiremer,ts of the respective rental car concessionaires by
reason of the differ:ng amounts of Airpori automobile rental business done by each of
. the respective concessionaires.
30. Poroorcoh Headinos - Paragraph headings herein are intended only to
assist in reading identification a nd are not in limitation or enlargement of the content of
any paragraph.
31. Notices Any notice of other communication from eilher party to the
other pursuant to thiS agreemen: IS sufficiently given or communicated if sent by
18
registered mail, with DrCDer postage ana regIstraTion lees preDoia. addressed te the
party for whom intendec. at the following addresses:
For Lessor: Monroe County Board of County Commissioner5
P. O. Box 1680
Key West. Florido 33040
For Lessee: Avis Rent A Cor System, Inc,
900 Old Country Road
Garden City, New York 11530
or 10 such o1her address as the party being given such notice sholl from time to time' .
designate to the other by notice give:! in accordance herewith.
IN WITNESS WHEREOF, the parties have caused these presents to be executed by
their respective officer or representative thereunto duly authorized, the day and year
fi~t above written.
:S:AL)
l\iTEST: DANNY L. KOLHAGE CLERK
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
By 2Jd~J~
Dep ICier
~~f~
By
~~.~I
Witness '
{{/)0( y;-~ 1-.A^-
Witness
AVIS RENT A CAR SYSEM. INC.
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By
Title: Rober-t F', P,(,)1't'::.
Staff Vice P~esident
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INSURANCE. GUIDE
TO
CONTRACT ADMINlSTMTION
G en cr.:ll I nsura nee Itc'luircmcn(s
fo r'
o i rp 0 rt / ^ i rc ra ft ^ c1 i v i 1 i e.s
Jr to the commence:ne.nt of work governed by thi $ contr.lct (including .the pre-staging of
sonne! flnd material). the Vendor shnll obL-:in. nt his/her own exren~c. Insurance as spccifiet.
attached schedules, which arc made part of [his contract. l11e Vendor will ensure that the
JranCC obt2..ined will extend protection to all Contractors engaged by the Vendor.
e Vendor 'Nil! not be permitted to commence work governed by this contr2ct (incluuing pre
sf.ng of personr.cl 2.T'ld material) until s?tlsfGc:ory eviJcnce of the ~e'1uirecl insurance has bee:
nishcd to the County c.s specified be.iow.
e Vendor shall ITUlintC,jn the rcqt;ired insurance throughout the entire term or this conlract a:
y extensions spccliicd in :J.ny J.twchcd scheduies. f;'lilurc to compiy with this provision may
iult in the immedi21e Suspc:l5ion of all activilies conducted by tbe Vendor and itsContracLOr.
til the required mSUr.1!lce has been reinstated 9r replaced.
Ie V cndor shall provid~ to the County, as satisfactory evidence of the required insurance.
her:
. Certificate of Insurance
or
. A Certified copy of the actual insur~"nce policy.
h~ <:=ounty, .at its so]~ option, has the right to request a cenificd copy of any or all insurance
JljClC:S reqUIred by tIllS contract. '.
\[ insurance policies must specify ~hat thcv are not subject to cancdlaLion. non-renewal, mat
lange, or reduction in coverage unless a ~irUmum of thirty (30) days prior notification is gj\
J the County by tbe insurer. .
_ ". ....' . -:=:J
l1e acceptance "anel/or approval of the '{endor's insurance shall not be construct! as relieving
'ender from any uabiiiry or obligation assumed under this contract or imposed by law.
n; Mo~:oe County Boart! (,f County Commissione!:'. iLS employees ant.! officials will be ioe
s ^ddltlon:J.1 Insured" on all policies, excc.pt for Workers' Compensation.
~ny deviations from these General Insurance ReCluircmcnts must be re!']uestcd in writing on
:ounty prepared fonn e:1titled "Hcq tI cst fa r W:iivc:r of I nsunl n cc Hcquircmcnts" ami app
y Monroe County Risk Management.
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GENERAL LIABILITY
INSURANCE REQUlnE1\1ENTS
FOn
.....
CONTRACT
o EnYEEN
MONROE COUNTY., FLORIDA
AND
Prior to the commencement of work governed by this Contract. the Contractor sh;lil obtoin
General LioOilily Insurance. Coverage shall be maintained throughout the life of the COntract and
include., as a minimum:
· Premises Operations
· Products and ~ompJctcd Operations
· Blanker Contractual Li.Jbility
· Persona11n.iury Liability
· Expanded DeBnition of Property Dam<lge
The minimum limits acceptable shail be:
'-
S1,000,000 Combined Single Limit (CSL)
!f split limits are provided, the minimum limits acceptable shall be:
S 500,000 per Person
S 1\000,000 per Occurrence
S 100,000 Property Damage
An Occurrcnce form policy is prcfcrrcd. If.mver:lge is provided on a Claims Madc policy, its
p rovi sian, shou I d i ncl u de cover. ge r or claims filed on or all er lh e elf eeli ve d at e of this Cant ract.
In ,d dl t ion. : II e peri ad fa r will eh claims mav be report ed should ex I cnd for" minimum of Iwe! ve
(12) months fOIlov.ing the acceptance ofw~rk by rhe County.'
Th: ~ onroe Co un I y Goard of C au nty Commissioners sh all bc named as Add irion.! I nsurcd On all
pOliCH:" ISsued 10 satJsfy Ihe above requircments. .
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I N ~ U 1'..1"1' '-l..< n...... '-(. -
FOR
CONTRACT
UET\YEEN
MONROE COUNTY" JiLORIDA
AND
ocogni,jng that the work governed by this contract requires the use of vehicles, the Conl
;or 10 I he com mene er:1 cot 0 f wo rk. shall ob :a; n V en i cI c Liaoi Ii l Y In ou ranee. Cove", ge or
,inlair.ed throughout the !ife of the contraCI and include, Z5 a minimu111, liability coverngl
. Owned. Non-Owned. and Hired .Vehicles
-he minimum limits acceptable shall be:
Sl.OOO,OOO Combined Single Limit (CSL)
f split limits are provided, the minimum limits acceptable shall be:
S 500,000 per Person
Sl,OOO,OOO per Occurrence
S 100,000 Property Damage
The Monroe County Board of County Commissioners shail be named as Additional Insu
poiiclO issued to satisfy the above rcquircme.nLS-
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INSUIlANCE ItEQUIREMENTS
FOR
CONTi1ACT
IJET\VEEN
MONROE COUNTY~ FLOR1DA
AND
Prior to the commencement of work governed by this contr;tct, the Contractor shalf obtil.in
\Vorkcrs' Compensation Insurance VYirh limits sufficient 10 respond to the applicable state St3tut
In addition, tile Contractor shall obtain Employcrt Liability Insurance with limits of not leSS'tlla
$'J ,000,000 Bodily Injury by Accident
$1,000,000 130dily Injury by Disease.. policy limitS
S I ,000,000 Bodily Injury by Disease.. each employee
Coverage shall be maintzined throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of f1 orida and I he company or companies must m41intam.a minimum rating of A- VI, as
assigned by the A.M. Best Company.
If the Contre.ctof has been approved by the Ronda's Department ofLWor, as an autboriz.ed self
insurer, the County sr.<lU recognize and honor the Contractors starns.. TI1C Contractor may be
r~ujred to submit 2. Letter of Authonz.alion issued by the Depanmcllt of Labor 2.llU a Cc.rtificat
of 1 nsurancc.., rroviding details on the COn1f2.ctor's Excess Insurance Program.
[fthe Contr3dor participates in 2. $cJr-insur~cc fund, a CertifiC2te oflnsurance win be required
In addition, the COmfaC10r may be reauired to S11bmit updatcd unancial statements [rom the [un
upon request [rom the County. .
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GmRtrnjl0AT~ mE t11~~~IiliI~ INSLJRA.NlWl; "::.. :,,' '.1'
'7.~.:~~:"'~~_~-:-'~_-r:":r:":._'::,.:":":~~~:<:-'~.-rrr..........,..,.,..._-rT'T"T
, . .:"':'::::::::::,. D.te (MMID DIYYYY)
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7/13/2004
AON RISK SERVICES, me. OF NY
199 WATER STREET
NEW YORK, NY 10038
TEL: (2l2) 479.3637
FAX: (866) 467-7847
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW,
PRODUCER
COMPANIES AFFORDING COVERAGE
COMPANY A CONTINENTAL CASUALTY COMPANY
COMPANYB PATHFINDER INSURANCE COMPANY
COMPANY C AVIS RENT A CAR SYSTEM. INC,
COMPANY D AMERICAN HOME ASSURANCE COMPANY
COMPANY E AMERICAN CASUALTY COMPANY OF READING. PA
COMPANYF TRANSPORTATION INSURANCE COMPANY
COMPANYG OLD REPUBLIC INSURANCE COMPANY
INSURE 0
AVIS RENT A CAR SYSTEM, INC.
CIO CENDANT CORPORATION
ONE CAMPUS DRIVE, 3RD FL.
PARSIPPANY, NJ 07054
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POliCIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co TYPE OF INSURANCE . __+:OLlCY NUMBER POLICY EF~ECTlV~ POLICY EXPIRATION
L TR DATE (MMIDDIYYYY) DI'.TE (MMIDDIYVYY)
GENERAL LIABILITY
GLOO16ll3190
LIMITS
Geneml Aggr8gate
$2,000,000
$2,000,000
$2,000 ,000
$2,000.000
$1.000.000
$0
A
~...:.~.x::..~,....: Cammercjat Ge.nerallisbiUty
~:~~<~: CJ CIl::llmg Made 0 Occur
Owner's _COl1mu;:f:<<S Prol
7/1/2004
7/1/2005
Products-ComplOP Agg
Personal Injury
Eac!'1 Occurrence
FIre Damage {Anyone fire}
Med EX'p (Anyone person}
A
AUTOMOBILE LIABILITY
BUA2068256322
7/1/2004
7/1/2005
Combinad Single Limit
51,000,000
X Any Auto
X All Owned Auto.
X Scfleduled' Autos
X Hired Aw10s
X Non-Ownad AlJ!os
Bod Ily ~i1jlJlY (P er person)
B
A-8004-AL
1/1/2004
1/1/2005
Bodiy Injury (Per .ccident)
C
SELF INSURED
Properly Damage
GARAGE L1ABILI ry
Auto Only ~ EA ACcident ~.
OthA-l" marl Auto Only - E~ Acc_ __ _._
Other than Auto Only - Agg
D BE 286-07-14
Umbrella Form
OltJer ttJi'ln Umbrella 'FDrm
E WORKERS COMPENSATION AND WC271061661
EMPLOYERS LIABILITY
F WG271061689-CA -
OED,
WC271061644 -
RETRO
Other
G Excess Auto Liability MWZRD1049
7/1/2004
7/112005
[ach Occutte nc;e
S4.000.000
$4,000,000
Ag9"'9a1e
7/1/2004
711/2004
7/112005
7/112005
W Statutory L,m_"~_~.
Ea~~ Accid9nt ._. ~ .t.
Diseaoo - Po1icy Um~t I
Oiseasa - Eactl Employes 1
$1,000,000
$1,000.000
$1.000.000
7/112004
7/1/2005
Eac~ Occurrence
S4.000,OOO
O[SCRIPrlON OF OPERA TIONSILOCAlIONSN[HICLESISPECIAL ITEMS
RE: A- 'is Corporate operations at Key Wes1 Airport. Key West, FL. Certificate Holder is included as additional insured A TIMA,
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.::CE!Rrtf.t9AT~f.lOLtlIEJl<':':'.:.:::::'::'_i'.:::Li:i>++{/:. : ..::::~~ .,..,.. :.':,.""",,:,cAtilPE;l,.LATlPN:--:::::c,x,,:, ",:..::,:.:,.,,:.,'..,:.,::::'..'"",.':::':":,::.:", '.".'..:'.'.' ",'.'. .....".: ,:
, ' ..... -" -.. 17" - n. .- ,,- -.-" SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BE"OR[ THE'
COUNTY OF MONROE .. , ....J ~ !1. J.U EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS
I ": _ u_ ., __' _. .~_V_+-...__.. WRln..~TlCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT "AlLURE TO
MONROE COUNTY BOARD OF -, I MAIL SUCH NonCE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON fH[
COMMISSIONERS" .".'~i ~J/!\, .~_,_,YF COMPANY ITS AGENTS OR REPRESENTI'.TlVES
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