Loading...
Item I4 1.4 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District I y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting June 15, 2022 Agenda Item Number: I.4 Agenda Item Summary #10709 BULK ITEM: No DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200 N/A AGENDA ITEM WORDING: Approval of Second Amendment to Airport Operating Agreement with Lyft, Inc., to operate its transportation network business at the Key West International Airport through July 16, 2027. ITEM BACKGROUND: The 2nd amendment renews Lyft's agreement for five additional years PREVIOUS RELEVANT BOCC ACTION: On November 14, 2017, the BOCC approved the initial three-year agreement with Lyft. On February 17, 2021, the BOCC ratified the First Amendment which renewed Lyft's agreement through July 16, 2022. CONTRACT/AGREEMENT CHANGES: Five year renewal agreement STAFF RECOMMENDATION: Approval DOCUMENTATION: KWIA - LYFT Operating Agreement(2nd Amendment) FINANCIAL IMPACT: Effective Date: 07/17/2022 Expiration Date: 07/16/2027 Total Dollar Value of Contract: Varies each month based on pick up activity at the airport Total Cost to County: N/A Current Year Portion: Budgeted: Yes Source of Funds: Packet Pg. 1756 1.4 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Yes Additional Details: REVIEWED BY: Beth Leto Completed 05/31/2022 2:58 PM Richard Strickland Skipped 05/31/2022 3:09 PM Pedro Mercado Completed 05/31/2022 3:41 PM Purchasing Completed 05/31/2022 3:53 PM Budget and Finance Completed 05/31/2022 3:55 PM Brian Bradley Completed 05/31/2022 4:27 PM Lindsey Ballard Completed 05/31/2022 4:28 PM Board of County Commissioners Pending 06/15/2022 9:00 AM Packet Pg. 1757 1.4.a DocuSign Envelope ID:36AA9706-8F2E-405E-ABC3-DDF980DCB15D SECOND AMENDMENT-AIRPORT OPERATING AGREEMENT MONROE COUNTY LT, INC. THIS SECOND AMENDMENT TO THE AIRPORT OPERATING AGREEMENT (the "Agreement") is hereby made and entered into on 15th day of t1np„ 2022, by and between Lyft, Inc., ("Operator"), and Monroe County (" ..........County"). Operator and County are sometimes hereinafter referred to individual as a "Party" or collectively as the"Parties". WHEREAS, on the 17th day of November, 2017, the parties entered into an CN Airport Operating Agreement for a term of 3 years (hereafter, "Original Agreement") at the Key West International Airport (the "Airport") with a commencement date July 17, I' 2017; and WHEREAS, on the 171h day of February 2021, the parties entered into the First Amendment-Airport Operating Agreement (hereafter, l't Amendment) in order to update certain terms of the Original Agreement and to extend the term of the Original Agreement for an additional 2 years; and WHEREAS,the Airport Operating Agreement has been mutually beneficial to both parties; NOW, THEREFORE, in consideration of the promises„ and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: Section 1. Paragraph 2 of the original agreement is amended to read: 2. TERM: COMMENCEMENT DATE: TERMINATION CL 2.1. Term. This Agreement shall be effective on the Commencement Date and >_ shall be in effect for a period of 5 years thereafter. ®' 2.2. Commencement Date. The"commencement date" shall be deemed to be July 17, 2022. 2.3. Termination.Notwithstanding section 2.1,this Agreement may be terminated as hereinafter provided: (a) the County shall have the right to terminate this Agreement upon the occurrence of an Event of Default (hereinafter defined) if Operator has not cured such Event of Default within thirty (30) days' after written notice thereof from Airport Authority; or (b) Either party may terminate this Agreement, at any time, for any reason, if the requesting Party gives not less than thirty (30) days' prior written notice thereof to the other Party, and the other Party consents in writing to the termination within 1 Packet Pg. 1758 1.4.a DocuSign Envelope ID:36AA9706-8F2E-405E-ABC3-DDF9BODCBI5D thirty (30) days of receiving the request. Section 2. Paragraph 4 of the original agreement is amended to read: 4. FEES AND REPORTING 4.1. Defined Terms.As used in this Agreement,the following capitalized terms shall have the following meanings: (a) "Trip" means; i i) each instance in which a Driver affiliated with an Operator enters >_ Airport property and makes one or more stops to pick up one or more passengers on Airport property. E (b) "Per Trip Fee"means a fee of$3.50 for each Trip. E (c) "Monthly Fee" means the product of the following: (i)the number of Trips conducted by the Operator's Vehicles in one calendar month, and (ii)the Per Trip Fee then in effect 4.2. Payment Requirements and Reports, (a) Within thirty (30) days after the close of any calendar month, Operator shall submit its operations report to the County for the previous calendar month (the "Monthly Report"). The Monthly Report shall be in an agreed-upon electronic format, and shall contain the total number of Trips for the reporting period. All CL such information shall be accurate at all times. (b) Operator agrees to pay a Monthly Fee to the County, which shall constitute a total of the Per Trip Fees assessed for each pick-up in the relevant month. The Monthly Fee is due, in full, and received by the County, within thirty (30) days after the close of any calendar month. All payments hereunder, including Monthly Fees, shall be paid at the business office of the Key West International Airport, or E at such other place or manner as the County may designate in writing. (c) All payments hereunder, including Monthly Fees, shall be paid in lawful money of the United States of America, free from all claims, demands, setoffs, or counterclaims of any kind. Any payments hereunder, including Monthly Fees, not paid when due shall be subject to a service charge of one and one-half percent (1.5%)per month, or if lower,the maximum amount allowed by law. Section 3. Except as set forth in Section 1 and Section 2 of this Second Amendment to the Airport Operating Agreement, in all other respects, the terms and conditions of the Original Agreement and the 1"Amendment not inconsistent herewith remain in full force and effect. 2 Packet Pg. 1759 1.4.a DocuSign Envelope ID:36AA9706-8F2E-405E-ABC3-DDF9BODCB15D IN WITNESS WHEREOF, the Parties have caused their respective duly authorized representatives to execute this Agreement on the date first written above. E (SEAL) ATTEST: KEVIN MADOK, CLERK CN By By Deputy Clerk Mayor/Chairman I r of cauA A N L F ,INC. A OVE F ®ocu8louua br: . °..u� B �6v, a Pr �. A y408 E ASSRS'FA LINTY 18A7MI NEY DaO, 5/31/22 Printed: Don Griffin c� Title: Head of Airports CL LL c� 3 Packet Pg. 1760 ,ac�oRv® CERTIFICATE OF LIABILITY INSURANCE FDAT 71 1 1217 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorse If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement I this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: FAX PROGRESSIVE COMMERCIAL a�NN Ext: AC, C No): PO Box 94739 E-MAIL Cleveland,OH 44101 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC f INSURER A: Progressive American Insurance Co. 24252 INSURED INSURER B: Lyft, Inc. INSURER C 185 Berry St.,Suite 5000 INSURER D: San Francisco,CA 94107 INSURER E: f14 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERK I INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICY NUMBER MM/DD/YYYY MM/DDNYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ OCCUR DAM AGE St RENTED CLAIMS-MADE PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- ElJECT ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED 01230825-0 07/01/2021 07/01/2022 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIABSKI" i� OCCUR ,� EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE „ AGGREGATE $ DIED RETENTION$ �g,� � � "'^'� m�� � $ � WORKERS COMPENSATION #' + PER OTH- ANDEMPLOYERS'LIABILITY . 2 0 21 STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE � ,,, E.L.EACH ACCIDENT $ 7 YIN 0 8 OFFICER/MEMBER EXCLUDED? N/A ""'""�'" N(Mandatory in NH) n E.L.DISEASE-EA EMPLOYEE $ If yes,describe underiw; �"'" DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ LL DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) An"Insured driver"is a natural person that is operating a motor vehicle in connection with the named insured's"TNC operations"and has recorded acceptar in the"digital transportation network"of a request to provide"TNC operations",and is engaged in"prearranged service"or"covered airport operation". Proof of insurance for LA Inc.re:Airport Operating Agreement between Monroe County and Lyft,Inc.to operate at the Key West International Airport. The Monroe County Board of County Commissioners,its employees and officials are included as Additional Insureds on the Automobile Liability policy when required by written contract but only with respect to liability arising out of the Name Insured's Operations. C$ CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOI 1100 Simonton St. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED Key West, FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1761 M CL 1.4.a DATE(MM/DD/YYYY) ,4 n CERTIFICATE OF LIABILITY INSURANCE F 06,30/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Aon Risk Insurance Services West, Inc. PHONE FAX San Francisco CA Office (A/C.No.Ext): (866) 283-7122 (A/C.No.): (800) 363-0105 425 Market Street E-MAIL Suite 2800 ADDRESS: San Francisco CA 94105 USA INSURER(S)AFFORDING COVERAGE NAIC If INSURED INSURER A: Old Republic Union Insurance Company 31143 Lyft, Inc. INSURERB: Safety National Casualty Corp 15105 185 Berry St, Suite 5000 San Francisco CA 94107-2503 USA INSURER C: C14 INSURER D: INSURER E: INSURER F: I COVERAGES CERTIFICATE NUMBER:570088215119 REVISION NUMBER: Nr THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested Ui IN SR TYPE OF INSURANCE ADD UBR POLICY NUMBER POLICY EFF P LI Y EXP LIMITS LTR INSD WVD MM/DD/YVYV MM/DD/VYVY A X COMMERCIAL GENERAL LIABILITY MWZY 1 4 7 1 7 1 EACH OCCURRENCE $1,000,000 CLAIMS-MADE Fq OCCUR SIR applies per policy terns & conditions DAMAGE TO RENTED $100,000 PREMISES Ea occurrence MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,OOO,OOO GEN'LAGGREGATE LIMITAPPLIES PER: 7 GENERAL AGGREGATE $2,000,000 X POLICY PRO- LOC l PRODUCTS-COMP/OP AGG $2,000,000 OTHER: r ""''®'""'' SIR/Deductible $500,000 AUTOMOBILE LIABILITY �'t� ' W� COMBINED SINGLE LIMIT g14 Ea accident 7 . 2 2021 ANYAUTO ...�^^ BODILY INJURY(Per person) OWNED SCHEDULED BODILY INJURY(Per accident) AUTOS ONLY AUTOS I � w _ PROPERTY DAMAGE HI RED AUTOS NON-OWNED Qf ONLY AUTOS ONLY Per accident UMBRELLA LIAR HOCCUR EACH OCCURRENCE EXCESS LAB CLAIMS-MADE AGGREGATE DED RETENTION B WORKERS COMPENSATION AND LDs406O725 071011202107/01/2022 X• PER STATUTE ' OTH- EMPLOYERS'LIABILITY y/N ER ANY PROPRIETOR/PARTNER,EXECUTIVE ❑ E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000LL 77 ■ e i DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Proof of insurance for Lyft, Inc. RE: Airport operating Agreement between Monroe County and Lyft, Inc. to operate at the Key West International Airport. The Monroe County Board of County Commissioners, its employees and officials are included as Additional Insured in accordance with the policy provisions on the General Liability policy where required by written contract but only with respect to liability arising out of the Named Insured's Operations. - ■ CERTIFICATE HOLDER CANCELLATION c SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. • ■ Monroe County BOCC AUTHORIZED REPRESENTATIVE 1100 Simonton St. i Key West FL 33040 USA tin 9LICr"'WW9?1W ctxrercd 1� eJyeu G ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1762 1.4.a From: bthibault@lyft.com To: monroecountyfl monroecountyfl@Ebix.com CC: cmang@lyft.com Subject: Monroe County BOCC - Lyft Certificate of Insurance Date: 7/6/2021 2:21:33 PM Attachment(s): E Greetings All, Following a recent policy renewal Lyft has obtained updated certificates of insurance. Please find attached the updated certificate for the Monroe County BOCC. The certificate evidences: C14 Commercial General Liability: $1,000,000/occurrence $2,000,000/aggregate Nr Endorsements: Blanket additional insured LU Workers' Compensation: $1,000,000 4, Auto Liability: $1,000,000 combined single limit, bodily injury/property damage If I can provide further information or be helpful in any way, please don't hesitate to let me know. � Many Thanks, -- c14 Brian Thibault Senior Specialist- Risk Solutions lye S e f,$ Packet Pg. 1763