Item C06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: August 19, 2009
BULK ITEM: YES
DIVISION: COUNTY ADMINISTRATOR
DEPARTMENT: AIRPORTS
STAFF CONTACT PERSON: Peter Horton
Phone: 809-5200
AGENDA ITEM WORDING: Approval of renewal agreement with Orion Bank for an Automated Teller Machine at the
Key West International Airport.
ITEM BACKGROUND: Original lease agreement had an option for renewal, which both parties wish to exercise.
PREVIOUS RELEVANT BOCC ACTION: Approval of lease agreement 3/17104.
CONTRACT/AGREEMENT CHANGES: Revises term of agreement, and adjusts rental fees for first year to $699.43 per
month. Addresses possible relocation of ATM.
STAFF RECOMMENDATION: Approval
TOTAL COST: None INDIRECT COST: None
DIFFERENTIAL OF LOCAL PREFERENCE: nla
COST TO AIRPORT: None
COST TO PFC: None
COST TO COUNTY: None
BUDGETED: n/a
SOURCE OF FUNDS: ~a
REVENUE PRODUCING: Yes
AMOUNT PER MONTH: $699.43
APPROVED BY: County Attorney X
OMB/Purchasing X Risk Management X
DOCUMENTATION: Included X
Not Required
AGENDA ITEM #
DISPOSITION:
/bev
AO
revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Orion Bank
Effective Date: 7/1/09
Expiration Date: 6/30/14
Contract PurposelDescription: Renewal Agreement for Automated Teller Machine
Contract Manager: Peter Horton
(name)
# 5200
(Ext.)
for BOCC meeting on: 8/19/09
Airports - Stop # 5
(DepartmenU Stop)
Agenda Deadline: 8/4/09
CONTRACT COSTS
Total Dollar Value of Contract: Revenue Producing
Budgeted? nla
Grant: nla
County Match: nla
Current Year Portion: nla
Account Codes: nla
Estimated Ongoing Costs: nla
(not included in dollar value above)
ADDITIONAL COSTS
For: .
(eg. maintenance, utilities, janitorial, salaries, etc.)
Airports Director
Risk Management
O~.IPurChasing
County Attorney
Comments:
CONTRACT REVIEW
Date In
Changes
Needed
Yes No
1-@t~
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By
JUL 1 7 2009
Ih
Reviewer
nt
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e.d..1L& ~/l.C9 dO'
County Attorney
Date Out
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RENEWAL AGREEMENT
AUTOMATED TELLER MACIIlNE
KEY WEST INTERNATIONAL Am.POH.T
This Agreement is made and entered into by and between Monroe ('ount). a political suhdi\.isiun
of the State of Florida, owner of Key West International AirpOlt. whose address is 3491 South Roosevelt
Boulevard. Key West, Florida 33040, hereinafter refclTed to as "Lessor", and Orion B:H1K. a State of
Florida ehaltered, locally owned, independent bank, whose address is 2150 Uoodlctle Road North,
Naples, Florida, 34102, hereinafter referred to as "Lessee".
WHEREAS. on the 17th day of March. 2004, the pal1ies entered into an <lgreement granting thl'
Lessee the right to maintain and operate an automated teller machine at the Key West international
Airpol1. A copy of the original agreement is attached to this renewal agreement and made ,1 part of it: and
WHEREAS, the original agreement term ended on January 12, 2009 but the Lessee desires to
exercise its option to renew the original agreement an additional 5 years: now, therefore.
IN CONSIDERATION of the mutual promises and covenants set forth below. the parties agre<: as
follows:
1. Paragraph 2 of the original agreement is amended to read:
2. Term. The term of this Agreement is for a term of live (5) years. eommenci Ilg on
July 1.2009, and terminating on June 30, 2014.
2. Paragraph 3 of the original agreement is amended to read:
3. Rental and Fees. The rent for the premises for the initial year of this renewal
agreement shall be $699.43 per 1110nlh, plus applicable sales ta:-.:. Rental rates arc subject to
revision annually. in accordance with the percentage change in the Consulller Price Index
for all urban consumers (CPI-U) for the most recenl 12 months available.
In the event the ^ 'I'M terminal has to be relocated Lessee shall be responsible for all worK,
including the hiring ofa contractor. related to the reloearion. The Count) \\ill bear the cost
of relocation in the event the ATM terminal has to be relocated duri ng the e:-.:isting terminal
renovation phase of the Key West lnternational Airport - Ne\v Terminal Construction and
Renovation project. The County. at its sole discretion and upon presentation of ill\oices for
the relocation work, shall either reimburse the Lessee for the cost of the relocation work or
shall offset any future rents in the form of a rent credit up to the cost or the relocation
work.
3 The following paragraph is appended to the Renewal Agreemenr and incorporated into the
original agreement as paragraph 2LJ.
29. SeverahilitY.]f all) term. cmenant condition or pnl\ision of thi." Agreement (or
the application thereof to any circulllstance or person) shall be dl'clared ill\alid or
unentoreeable to any e:-.:tent hy a court of compctl.'nt ,imisdietilln. the rl'lllaining terms.
co\,enants, conditions and prmisions 01' this Agreemcnt shal I not hl' alTl'ctcd thereby: and
each remaining term, covenant. condition and provision of this Agreement shall be valid
and shall be enforceable to the fullest extent permitted by law unless the enforcement of
the remaining terms. covenants. conditions and provisions of this Agreement would
prevent the accomplishment of the original intent of this Agreement. The Lessor and
Lessee agree to refonn the Agreement to replace any stricken provision with a val id
provision that comes as close as possible to the intent of the stricken provision.
4. The fo] lowing paragraph is appended to the Renev"a] Agreement and incorporated into the
original agreement as paragraph 30.
30. Attorney's Fees and Costs. The Lessor and Lessee agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party relative
to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled
to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses. as an
award against the non-prevailing party. and shall include attorney's fees, courts costs,
investigative. and out-of-pocket expenses in appellate proceedings. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the circuit court
of Monroe County.
5. The following paragraph is appended to the Renewal Agreement and incorporated into the
original agreement as paragraph 31.
31. Binding Effect. The terms. covenants. conditions, and prOVISions of this
Agreement shall bind and inure to the benefit ofthe Lessor and Lessee and their respective
]egal representatives. successors. and assigns.
6. The following paragraph is appended to the Renewal Agreement and incorporated into the
original agreement as paragraph 32.
32. Authoritv. Each party represents and warrants to the other that the execution.
delivery and performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by la\v.
7. The following paragraph is appended to the Renewal Agreement and incorporated into the
original agreement as paragraph 33.
-'-'. Adiudication of Disputes or Disagreements. Lessor and Lessee agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If no resolution can be agreed upon within
30 days after the first meet and confer session. the issue or issues shall be discllssed at a
public meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the par1ies. then any party shall have the right to seek such
rei ief OJ" remedy as may be pro\ ided by this Agreement or by Florida la\\.
8. The 1'0110\\ ing paragraph is appended to the Rene\\al Agreement and incorporated into the
original agreement as paragraph 3~.
34. Cooperation. In the event an) administrative or legal proceeding is instituted
against either pan)' n:lating to the formation. execution, performance, or breach of this
Agreement. Lessor and Lessee agree to participate. to the extent required by the other
party. in all proceedings. hearings. processes. meetings. and other activities related to the
substance of this Agreement or provision of the services under this Agreement. Lessor and
Lessee specifically agree that no party to this Agreement shall be required to enter into any
arbitration proceedings related to this Agreement.
9. The fo]lowing paragraph is appended to the Renevval Agreement and incorporated into the
original agreement as paragraph 35.
35. Nondiscrimination. Lessee agrees that there will be no discrimination against any
person. and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred. this Agreement automatically terminates
without any f1Jl1her action on the part of any party. effective the date of the court order.
Lessor and Lessee agree to comply with al] Federal and F]orida statutes. and all local
ordinances. as applicable, relating to nondiscrimination. These include but are not limited
to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination
on the basis of race, color or national origin; 2) Title IX of the Education Amendment of
1972, as amended (20 USC ss.1681-1683, and ]685-1686). which prohibits discrimination
011 the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC
s. 794). which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975. as amended (42 USC ss. 610]-6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972
(PL 92-255), as amended. relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (PL 91-616), as amended. relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; 7) The Public Hea]th Service Act of ]9]2, ss. 523 and 527 (42 USC
ss. 690dd-3 and 290ee-3), as amended. relating to confidentiality ofa/cohol and drug abuse
patent records; 8) Title VIII of the Civil Rights Act of ]968 (42 USC s. et seq.), as
amended. relating to nondiscrimination in the sale. rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 120] Note). as maybe amended from
time to time. relating to nondiscrimination on the basis of disability; 10) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
pal1ies to. or the subject matter of. this Agreement.
10. The following paragraph is appended to the Renewal Agreement and incorporated into the
original agreement as paragraph 36.
36. Covenant of No Interest. Lessor and Lessee covenant that neither presently has any
interest. and shall not acquire any interest. which would contlict in any manner or degree
with its performance under this Agreement. and that only interest of each is to perform and
receive benefits as recited in this Agreement.
11. The 1'0110\1 ing pat"agraph is appended to the Rene\\al Agreement and incorporated into the
original agreement as paragraph 37.
37. Code of Ethics. Lessor agrees that oHicers and employees of the Count) recognize
and II ill be requil'ed to compl) Ilith the standards of conduct for public ofticers and
employees as delilk,:lted ill Section 112.313. Florida Statutes. regarding. but not limited to.
sulicitation or acceptancc of gifts; doing business with one's agency: unauthorized
compensation: misuse of public position. conflicting employment or contractual
relationship: and disclosure or use of certain information.
12. The following paragraph is appended to the Renewal Agreement and incorporated into the
original agreement as paragraph 38.
38. No SolicitationiPavment. The Lessor and Lessee warrant that. in respect to itself it
has neither employed nor retained any company 01" person. other than a bona fide employee
worKing solely for it. to sol icit or secure this Agreement and that it has not paid or agreed
to pay any person. company. corporation. individual, or firm. other than a bona fide
employee working solely for it. any fee. commission. percentage. gift. or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision. the Lessee agrees that the Lessor shall have
the right to terminate this Agreement without liability and, at its discretion. to offset from
monies owed. or otherwise recover, the full amount of such fee. commission. percentage.
gift. or consideration.
13. The following paragraph is appended to the Renewal Agreement and incorporated into the
original agreement as paragraph 39.
39. Public Access. The Lessor and Lessee shall allow and permit reasonable access to.
and inspection of, all documents. papers. letters or other materials in its possession or
under its control subject to the provisions of Chapter 119. Florida Statutes. and made or
received by the Lessor and Lessee in conjunction with this Agreement: and the Lessor
shall have the right to unilaterally cancel this Agreement upon violation of this provision
by Lessee.
14 The following paragraph is appended to the Renewal Agreement and incorporated into the
original agreement as paragraph 40.
40. Non- Waiver of Immunitv. Notwithstanding he provisions of Sec. 768.28, Florida
Statutes, the participation of the Lessor and the Lessee in this Agreement and the
acquisition of any commercial liability insurance coverage. self-insurance coverage. or
local goveml11ent liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
Lessor be required to contain any provision for waiver.
1 S. The following paragraph is appended to the Renewal Agreement and incorporated into the
original agreement as paragraph 41.
41. Pri\ ileges and Immunities. All of the privileges and imlllunities from liability,
e:o.emptions from laws. ordinances. and rules and pensions and relief disability. workers'
compensation. and other benefits \\ hich apply to the activity of officers. agents. or
employees of any public agents or employees of the Lessor. when performing their
respective functions under this Agreement \\ ithin the territorial limits of the County shall
apply to the samc degree and extent w the performance of such functions and duties of
such ollicers. agents. \lllunteers. or employees outside the territorial limits of the COllnty.
] 6. The following paragraph is appended to tile Renewal Agreement and incorporated into the
original agreement as p<lragraph 42.
42. Legal Obligations and Responsibilities: Non-Delegation of Constitutional or
Statuto!"}' Duties. This Agreement is not intended to. nor shall it be construed as. relieving
any participating entity from any obligation or responsibility imposed upon the entity by
la\\ except to tile extent of actual and timely performance thereof by any participating
entity. in which case the performance may be offered in satisfaction of the obligation or
responsibility. Further. this Agreement is not intended to. nor shall it be construed as.
authorizing the delegation of the constitutional or statutory duties of the Lessor. except to
the extent pel111itted by the Florida constitution. state statute. and case law.
17. The following paragraph is appended to the Renewal Agreement and incorporated into the
original agreement as paragraph 43.
43. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
tenns. or any of them. of this Agreement to enforce or attempt to enforce any third-party
claim or entitlement to or benefit of any service or program contemplated hereunder, and
the Lessor and the Lessee agree that neither the Lessor nor the Lessee or any agent, officer,
or employee of either shall have the authority to infonll, counsel. or otherwise indicate that
any pm1icular individual or group of individuals. entity or entities. have entitlements or
bellefits under this Agreement separate and apal1, inferior to. or superior to the community
in general or for the purposes contemplated in this Agreement.
] 8. The following paragraph is appended to the Renewal Agreement and incorporated into the
original agreement as paragraph 44.
44. No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Lessor in his
or her individual capacity, and no member, officer. agent or employee of Lessor shall be
liable personally on this Agreement or be subject to any personalliabiJity or accountability
by reason of the execution of this Agreement.
J 9. The following paragraph is appended to the Renewal Agreement and incorporated into the
original agreement as paragraph 45.
45. Execution in Counterparts. This Agreement may be executed in any number of
counterparts. each of \\ hich shall be regarded as an original, all of which taken together
shall constitute one and the same instrument and any of the panies hereto may execute this
Agreement by singing any such counterpart.
20. The follo\\ ing paragraph is appended to the Rene\\al Agreement and incorporated into the
original agreement as paragraph 46.
46. Mutual Re\'ie\\. This agreement has been carefully reviewed by Lessor and Lessee.
therefore this agreement is not to be construed against either party on the basis of
authorship,
21. Except as set forth in paragraphs one (I) through twenty (20) of this Renewal Agreement.
in all other respects, the tel11ls and conditions of the original agreement remain in full force and
effect.
IN WITNESS WHEREOf, each party has caused this Agreement to be executcd by its duly
authorized representative.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor George Neugent
Date
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(}€6atlMt &t--fT~
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ORION BANK.
Witnesses
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Title ~s:-1lk--tcAvJ~w-f,. ~t1
Date ~ ~ zq-.(}<=t
This doc/" nt was prepa , d ~,d appror~d as to form by:
-(,-,[I,j~ ~1--L~~UL_/~
Pedro J. Mercado (I I
Assist ounty Morney · I ~ I~t
Florida Bar No.: 0684050
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470
';ORD11O
CERTIFICATE OF LIABILITY INSURANCE
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"F.I'
5 19 2009
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. nus CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER lHE COVERAGE AFFORDED BY THE POLICIES BELOW.
I
~!!!SURERS AFFC?~DING COVERAGE___ ____ -1~AI~~__
~~~R.RA: Fidelity ~_ Deposit comp~ni~~__~____
~~.R B Zur_i CQJ.I~L____-_~------t--
IINSURe~c~.1J,.J][~rican Guarantee & LiabUit_ ____~___
I INSURER D
---,,--~-~-,,----_._~--
,UCER Phone, 239-262-7171
tgert Insurance Naples
J Box 112 50 0
iaples FL 34108
Fax; 239-262-5360
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INSURED
Orion Bank
2150 Goodlette Rd N
Naples FL 34102
;
!
INSURER E
COVERAGES
~HE POLICIES OF IN~URANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
~OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY 3B ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
T'ERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. A~R~~ATE_LIMITS SHOWN MAY HAVE BE~ REDUCED BY PAlD CLAIMS.
iiiAR'iiD'l POLICY NUMBER -PoLICY EFFECTIVE POLICY EXPIRATION - - - - - LllIrrs - --~
A ~NEflIIt,L LIABILITY FIAOOO1724 9/19/2008 9/19/2009 EACH OCCURRENCE $ 1 000 000
- 3MMERCIAl. GENERAL LIA81UlY PREMISES Ea ocwrence] 151 000 000
f-- CLAIMS MADE Ii:] OCCUR MED EXP (Anv one pe,""n) SIO 000
f-- PERSONAL & ADV INJURY $ 1 000 000
f--- GENERAL-AGGREGATE $2,000,000
~rAGG~nE UMIl APnPER; PRODUCTS - COMP/OP AGO $2 000 000
X POUCY ~~g LOC
C ~OUOBllE ll....'LfTY BAP967435305 9/18/2008 9/18/2009 COMBINED SINGLE LIMIT
1L ANY AUTO (Esacxidont) 51,000,000
~ ALL OWNED AUTOS . ~_ i(~ ~ BOOL Y INJURY
(Po, !>enlOn) $
SCHEDULED AUTOS
- ~ ---
- HIREDAUTD5 BOOIL Y INJURY
$
NoN-O'IIINED AUTOS (Per accident)
- 1
PROPERrY DAMAGE S
(Po, occidont)
~flIIt,Ge LIABILITY "i- AUTO ONLY . EAACCIDENT S
ANY AUTO OTHER THAN EAACC S
AUTOONL Y; AGG $
B pESSIUMBRELLA LIABILITY UMBS08619301 9/18/2008 9/18/2009 EACH OCCURRENCE $10 QiliLJ1lliL
OCCUR [i] CLAIMS MADE AGGREGATE $ lQ..J)~ 000
$
8 ~EDucmlE $
X RETENTION SO S
B WORKERS COMPENSATION AND WCPOOO3992 9/18/2008 9/18/2009 X TT~~1I~~ IOTH-
ER
EMPLO'I'ERS" llABIUTY E.L EACH ACCIDENT
mY PROPRlETORIPARTNER/EXECUTfVE II;. J ( ) $500 000 - -
OFFICER/MEMBER EXa.UDED? E.L DISEASE. EA EMPlOYEE S 500 000
~~c~~~"l"cIt.s bek>w I.",~ , E.L DISEASE . POLICY LIMIT $500 000
OTHER l) " I. V ~Jl
D /'1 1.-
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.-
DESCRIPTION OF OPEflIIt, TIONS I LOCATIONS I VEHICLES I EXCllJSIONS ADDED BY ENDORSEMENT J SkOAL PROVISIONS
ertificate Holder is included as Additional Insured with respect to the U. II! i i,1 ,
Named Insured's operations IBank ATM Machine located at 400 Duval SL, Key ;, :1 '.
~e6L, FL and ATM Machine located at Key West Airport) l~~ nl~~'_ ,
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,
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Monroe County Board of County Commissioners
Monroe County Risk Management
PO Box 1026
Key West FL 33041-1026
CANCEL LA TION
SHOULD ANY OF ~HE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIrtATION DATE THEREOF. THE ISSUING INSURER
WILL ENDEAVOR 70 MAIL 10 DAYS WRITTEN ND':'ICE TO THE
CERTIFIC~TE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
THE INSURER. ITS AGENTS OR REPRESENTATIVES.
CERTIFICATE HOLDER
AllTHORIZED REPRESENTATlV~.....
ACORD 25 (2001108)
AUTOMATED TELLER MACHINE AGREEMENT
Key West International Airport ,
7 '-'I, .1" I
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THIS AGREEMENT is made and entered into on the / day of 'I I /~ /:-( /; ,
2004, by and between MONROE COUNTY, a political subdivision of the State of Florida,
hereinafter referred to as "Lessor," and ORION BANK, a national chartered, locally owned,
independent bank, hereinafter referred to as "Lessee";
WHEREAS, Lessor desires to grant to Lessee a right to maintain and operate an
automated teller machine at the Key West International Airport at Key West, Florida,
hereinafter referred to as "Airport": and
WHEREAS, Lessor and Lessee desire, in connection with said operations, to provide
for the leasing by Lessor to Lessee of certain space in the Terminal at the Airport; 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 to install, maintain
and operate an automated teller machine space designated "ATM" in Exhibit A, attached
hereto and incorporated herein, located in the airline terminal at Key West, Monroe County,
Florida, said space as designated in Exhibit A.
2. Term - This agreem~nt is for a term of five (5) years, commencing on .' / /3 ,
2004, and expiring on II ) ~/ 0 Cf , with an option to renew for one five-year
term. If the five year option is exercised, then in each year of that option (including the
initial year) the annual rent will be adjusted in accordance with
3. Rental and Fees - Lessee. for and during the term hereof, shall pay to Lessor
occupancy of said premises a monthly sum of $625.00, plus applicable tax to be paid on or
before the first day of each month, subject to CPI adjustment for the second through fifth
years as follows: The annual adjustment shall be made in accordance with percentage
change in the Consumer Price Index (CPI) for all urban consumers (CPI-U) for most recent
12 months available and shall be based upon the annual average - CPI computation from
January 1 through December 31 of the previous year.
4. Accountinq Procedures - Lessee agrees that it will make available to Monroe County,
a full and complete book of accounts and other records pertaining to the leased space,
improvements thereon and the rental payments. The records shall not include any records
of any financial transactions actually conducted at the ATM. The County, acting through its
Finance Director or other authorized representative, shall, upon reasonable notice, have the
right to inspect and audit said records.
5. Eauioment - Lessee shall install, maintain and operate on the premises the Diebold
model 1071ix through the wall walkup unit ATM or an ATr-.1 of equivalent characteristics
including but not limited to a rear load lobby cash dispenser ATfV1 configuration, 8 Braille
operation keys and 11 key Braille keypad, 2 denomination multi-media dispenser with
presenter, basic alarm sensors, enhanced brightness CRT, and side module with fire
resistant \'vaste receptacle and brochure pockets. This equipment shall be and remains the
property of Lessee and shall be removed at the end of lease term. Lessee shall furnish,
install and maintain the data communications line, bearing all costs associated with data
communication installation, terminal setup, ongoing terminal administration fees and
ongoing modem charges. Lessee may place signage on the ATM equipment or surrounding
areas, such as overhead or directional signage with the approval of the Airport Director.
Lessee has the right during the term hereof, at its own expense, at any time to install,
maintain, operate, repair and replace said equipment in connection with its operation at the
Airport, all of which shall be and remain the property of Lessee and shall be removed by
Lessee prior to or within a reasonable time after expiration of the term of this agreement:
provided, however, that Lessee shall repair any damage to the premises caused by such
removal. The failure to remove equipment or other personal property shall not constitute
Lessee a hold-over, but Lessee shall pay Lessor for any costs of removal and storage if the
property is not removed by Lessee within ten (10) days after Lessee receives a written
demand for such removal. The removal and storage costs shall be paid to Lessor before
Lessee can obtain the equipment.
6. Damage and Injury - Lessee covenants that it and all of its agents, servants,
employees, and independent contractors will use due care and diligence in all of its
activities a nd operations at the Airport and shall repay or be responsible to Monroe County
for all damages to the property of the County which may be caused by an act or omission
on the part of the Lessee, its agents, servants, or employees. Except to the extent that
such damage to the property is covered by insurance required to be provided by the Lessee
under any provision hereof, or is provided by Monroe County (except subrogation rights of
the County's carrier), Lessee shall pay, on behalf of the County, all sums which the County
shall become obligated to pay by reason of the liability, if any, imposed by law 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 thereof which may be caused by or result
from any of the activities, omission, or operations of the Lessee, its agents, servants, or
employees at the Airport.
7. Other Develooment of Airoort - Monroe County reserves the right to further develop
or improve the landing area of the Airport as its sees fit, regardless of the desires or views
of the Lessee, and without interference or hindrance; provided, however, that in no event
can the County deprive the Lessee of reasonable and direct routes of ingress and egress to
the premises.
8. Terminal Area Planninq - Lessee acknowledges that Monroe County has Master Plans
including terminal area revisions. Lessee hereby agrees to cooperate to the fullest with the
County, especially in those areas of terminal improvements which may at some time cause
relocation of ATM. Relocation shall be made to a new location only by mutual agreement.
If parties cannot agree upon a new location, this Lease may be terminated by mutual
accord.
9. Lessee/s Obligations - Lessee covenants and agrees:
(a) to pay the rent and other charges herein reserved at such times as the same
are payabl e, with rental payments to be made by check payable to "Airport Operation and
Maintenance Fund" and mailed to Airport Business Office, 3491 S Roosevelt Blvd., Key
West, FL 33040;
2
(b) to make no alterations, additions or improvements to the demised premises
without the prior written consent of Lessor, which consent shall be not be unreasonably
withheld;
(c) to keep and maintain the demised premises in good condition, order and
repair during the term of this agreement, and to surrender the same upon the expiration of
the term in the condition in which they are required to be kept, reasonable wear and tear
and damage by casualty, not caused by Lessee's negligence, riot and civil commotion,
excepted;
(d) to observe and comply with any and all requirements of the constituted public
authorities and with all federal, state or local statutes, ordinances, regulations, and
standards applicable to Lessee or its use of the demised premises, including, but not limited
to, rules and regulations promulgated from time to time by or at the direction of Lessor for
administration of the Airport;
(e) to carry fire and extended coverqge insurance, if obtainable, on all fixed
improvements erected by Lessee on the demised premises to the full insurable value
hereof, it being understood and agreed that for purposes hereof the term "full insurable
value" shall be deemed to be that amount for which a prudent owner in like circumstances
would insure similar property, but in no event an amount in excess of Lessee's original cost
of constructing said fixed improvements;
(f) to control the conduct, manner and appearance of its officers, agents, and
employees, and any objection from the Director of Airports concerning the conduct, manner
or appearance of such persons, Lessee shall forthwith take steps necessary to remove the
cause of the objection: and
(g) to erect signage only on the ATM unit or surrounding areas, such as overhead
or directional signs, with the approval of the Airport Director, and to maintain any such
signage in good condition.
10. Lessor's Inspection and Maintenance - Lessor and its authorized officers, employees,
agents, contractors, subcontractors and other representatives shall have the right to enter
upon the demised premises for the following purposes:
(a) to inspect the demised premises at reasonable intervals during regular
business hours (or at any time in case of emergency) to determine whether Lessee has
complied and is complying with the terms and conditions of this agreement with respect
thereto; or
(b) to perform essential maintenance, repair, relocation, or removal of existing
underground and overhead wires, pipes, drains, cables and conduits now located on or
across the demised premises, and to construct, maintain, repair, relocate and remove such
facilities in the future if necessary to carry out the Master Plan of development of the
Airport; provided, however, that said work shall in no event disrupt or unduly interfere with
the operations of Lessee, that five days prior notice shall be given to Lessee of said work
except in an emergency, and provided further, that the entire cost of such work, including
but not limited to the cost of rebuilding, removing, relocating, protecting or otherwise
modifying any fixed improvements at any time erectea or installed in or upon the demised
premises by Lessor, Lessee or third parties, as a result of the exercise by Lessor of its
3
rights hereunder, and the repair of all damage to such fixed improvements caused thereby,
shall be borne solely by Lessor.
(c) to include Lessee's ATM unit in any directory installed at the Airport;
(d) to abate rent for any periods during which Lessee cannot be open for business
due to any failure of Lessor to perform its obligations under this agreement.
11. Indemnification - Lessee shall indemnify and hold Lessor forever harmless from and
against all liability imposed upon Lessor by reason of legal liability for injuries to persons,
or wrongful death, and damages to property caused by Lessee's operations or activities on
such premises or elsewhere at the Airport, provided that Lessor shall give Lessee prompt
and timely notice of, any claim made against Lessor- which may result in a judgment
against Lessor because of such injury or damage and promptly deliver to Lessee any
papers, notices, documents, summonses, or other legal process whatsoever served upon
Lessor or its agents, and provided further that Lessee and its insurer, or either of them.
shall have the right to investigate, compromise, or defend all claims, actions, suits and
proceedings to the extent of Lessee's interest therein;' and in connection therewith, the
parties hereto agree to faithfully cooperate with each other and with Lessee's insurer or
agents in any said action.
12. Liabilitv Insurance -The Lessee agrees to indemnify and hold the Monroe County free
and harmless from any and all claims, suits, loss or damage, or injury to persons or
property of whatsoever kind and nature in its operation, installation and maintenance of
th is equipment. The Lessee shall procure and maintain insurance of the types set forth in
Exhibit B, a copy of which is attached and made a part of this agreement. If the initial
insurance expires prior to the completion of this agreement, renewal certificates shall be
furnished thirty (30) days prior to the date of expiration.
13. Non-Discrimination - Lessee shall furnish all services authorized under this
agreement on a fair, equal and non-discriminatory basis to all persons or users thereof,
charging fair, reasonable, and non-discriminatory prices for all items and services which it
is permitted to sell or render under this agreement. Lessee shall not discriminate in its
employment practices against any person on the basis of race, sex, creed, color, national
origin, age or any other characteristic or aspect which is not job related.
14. Rules and Regulations - Lessee agrees to observe and obey, during the term of this
agreement, all laws, ordinances, rules and regulations promulgated and enforced by the
County and by any other proper authority having jurisdiction over the conduct of the
operations at the Airport. Within thirty (30) days from the date of this contract, the County
shall provide Lessee a written list of all rules and regulations which it has promulgated up
until that time and which will affect the Lessee's operations hereunder. In the event new
rules and regulations are contemplated, written notice of same shall be furnished to Lessee,
and Lessee will be given thirty (30) days to comply. In the event that Lessee should
determine that any contemplated rule or regulation unreasonably hinders -him in his
operation under this agreement, the Lessee shall so notify the County, and the parties
hereto agree that any problem arising incidental thereto willi as much as possible, be
worked out between the parties without the necessity to resort to further legal remedies.
15. Furnishinq of Service - The Lessee further covenants and agrees that he will, at all
times during the continuance of the term hereby demised and any renewal or extension
4
thereof, conduct, operate, and maintain for the use of the public, the Automated Teller
Machine provided for and described herein, and all aspects and parts and services thereof
as hereinabove defined and set forth, and will make all such facilities and services available
to the public and that he will devote his best efforts for the accomplishment of such
purposes.
16. United States' Requirements - This lease shall be subject and subordinate to the
provisions of any existing or future agreement between the Lessor and the United States
relative to the operation or maintenance of the Airport, and execution of which has been or
may be required by the provision of the Federal Airport Act of 1946, as amended, or any
future act affecting the operation or maintenance of the Airport, provided, however, that
Lessor shall, to the extent permitted by law, use its best efforts to cause any such
agreement to include provisions protecting and preserving the rights of Lessee in and to
the demised premises and improvements thereon. and to compensation for the taking
thereof, and payment for interference therewith and for damage thereto, caused by such
agreement or by actions of the Lessor or the United States pursuant thereto.
17. Lessor's Covenants - The Lessor covenants and agrees that:
(a) Lessor is the lawful owner of the property demised hereby, that it has lawful
possession thereof, and has good and lawful authority to execute this Lease; and
(b) throughout the term hereof Lessee shall have, hold and enjoy quiet, peaceful and
uninterrupted possession of the premises and fights herein leased and granted, subject to
performance by Lessee of its obligations herein.
18. Cancellation by Lessor - If any of the following events occur, the Lessee shall be
deemed to be in default of its obligations under the agreement, in which case Monroe
County shall give the Lessee notice in writing to cure such default within thirty (30) days,
or the lease will be automatically canceled at the end of that time and such cancellation will
be without forfeiture, waiver, or release of the County's right to any such of money due
pursuant to this agreement for the full term hereof:
(a) if Lessee shall make a general assignment for the benefit of creditors, or file a
voluntary petition in bankruptcy or a petition or answer seeking its reorganization or the
readjustment of its indebtedness under the Federal Bankruptcy Laws of any other similar
law or statute of the United States or any state, or government, or consent to the
appointment of a receiver, trustee or liquidator of all or substantially all of the property of
Lessee;
(b) if any order or decree of a court of competent jurisdiction Lessee shall be
adjudged bankrupt or an order shall be made approving a petition seeking its
reorganization, or the readjustment of its indebtedness under the Federal Bankruptcy Laws
of any law or statute of the United States or any state, territory, or possession thereof or
under the law of any other state, nation, or government, provided, that if such judgment.
or order be stayed or vacated within ninety (90) days after the entry thereof, any notice of
cancellation given shall be and become void and of no effect;
(c) if by or pursuant to any order or decree of any court or governmental
authority, board, agency or officer having jurisdiction, a receiver, trustee or liquidator shall
take possession or control of all or substantially all of the property of Lessee for the benef1::
5
of creditors, provided, that if such order or decree be stayed or vacated within sixty (60)
days after the entry thereof or during such longer period in which Lessee diligently and in
good faith contests the same, any notice of cancellation shall be and will become null, void
and of no effect;
(d) if Lessee fails to pay the rental charges or other money payments required by
this instrument and such failure shall not be remedied within thirty (30) days following
receipt by Lessee of written demand from Lessor to do so;
(e) if Lessee defaults in fulfilling any of the terms, covenants, or conditions
required of it hereunder and fails to remedy said default within thirty (30) days following
receipt by Lessee of written demand from Lessor to do so, or if, by reason of the nature of
such defa ult, the sar;ne cannot be remedied within thirty (30) days following receipt by
Lessee of written demand from Lessor to do so, then, if Lessee shall have failed to
commence the remedying of such default within thirty (30) days following such written
notice, or having so commenced, shall fail thereafter to continue with diligence the curing
thereof:
(f) if the Lessee shall desert or abandon the premises for seven (7) consecutive
calendar days;
(g) if the ATM of the Lessee hereunder shall be transferred, subleased, or
assigned in any manner except in the manner as herein permitted;
(h) if the Lessee shall fail to pay any validly imposed tax; assessments; utility
rent, rate or charge: or other governmental imposition; or any other charge or lien against
the premises leased hereunder within any grace period allowed by law, or by the
governmental authority imposing the same, during which payment is permitted without
penalty or interest; in complying with this subparagraph the Lessee does not waive his
right to protest such tax, assessment, rent, rate or charge; or
(i) if the Lessee fails to provide service as required by specifications for five days
during any thirty day period, unless such failure is caused by the Lessor's failure to fulfill its
lease obligations war, an act of God, national emergency or a labor strike of which the
Lessee has given the County immediate notice, the lease may be canceled within thirty
(30) days of the giving of notice by the County and the Lessee shall not be permitted to
cure such default.
19. Additional Remedies - In the event of a breach or a threatened breach by Lessee of
any of the agreements, terms, covenants and conditions hereof, the County shall have the
right of injunction to restrain said breach and to invoke any remedy allowed by law or
equity, as if specific remedies, indemnity or reimbursement were not herein provided. The
rights and remedies given to Monroe County are distinct, separate and cumulative, and 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 law or in equity provided. No receipt of monies by Monroe
County from Lessee after the cancellation or termination hereof shall reinstate, continue or
extend the term, or affect any notice previously given to Lessee, or operate as a waiver of
the right of the County to enforce the payment of rentals and other charges then due or
thereafter falling due, or operate as a waiver of the right of the County to recover
possession of the premises by suit or otherwise. It is agreed that, after the service of
notice to cancel or terminate as herein provided, or after the commencement of any
6
proceeding, or after a final order for possession of the premises, the County may demand
and collect any monies due, or thereafter falling due, without in any manner affecting such
notice, proceeding, or order, and any and all such monies and occupation of the premises,
or at the election of the County on account of Lessee's liability hereunder. The parties
agree that any litigation arising out of the agreement shall be brought in Monroe County,
Florida, and determined under the laws of the State of Florida. The prevailing party shall
be entitled to any reasonable attorney's fees incurred in the enforcement of the agreement,
regardless of whether or not a lawsuit is filed, including but not limited to all costs and
attorney's fees incurred in collecting, trial, ba nkruptcy or reorganization proceedings or
appeal of any matter hereunder and all costs, charges and expenses incurred herein.
20. 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 the
following events, if said event or events is then continuing:
(a) the issuance by any court of apparent competent jurisdiction of an injunction,
order, or decree preventing or restraining the use by Lessee of all or any substantial part of
the demised premises or preventing or restrain ing the use of the Airport for usual airport
purposes in its entirety, or the use of any part thereof which may be used by Lessee and
which is necessary for Lessee's operations on the Airport, which remains in force unvacated
or unstayed for a period of at least one hundred twenty (I 20) days;
(b) the default of Lessor in the performance of any of the terms, covenants or
conditions required of it under this instrument and the failure of Lessor to cure such default
within a period of thirty (30) days following receipt of written 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 said thirty (30) days following receipt of such
written demand, or having 50 commenced, shall fail thereafter to continue with diligence
the curing thereof:
(c) the inability of Lessee to conduct its business at the Airport in substantially the
same manner and to the same extent as theretofore conducted, for a period of at least
ninety (90) days, because of (i) any law, (ii) any rule, order, judgment, decree, regulation,
or other action or non-action of any Governmental authority, board, agency or officer
having jurisdiction thereof;
(d) if the fixed improvements placed upon the demised premises are totally
destroyed or so extensively damaged that it would be impracticable or uneconomical to
restore the some to 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
apportioned between Lessor and Lessee, Lessor receiving the same proportion of such
proceeds as the then expired portion of the lease term bears to the full term hereby
granted, and Lessee receiving the balance thereof. If the damage results from an insurable
cause and is only partial and such that the said fixed improvements can be restored to their
prior condition within a reasonable time, then Lessee shall restore the same with
reasonable promptness, and shall be entitled to receive and apply the proceeds or any
insurance covering such loss to said restoration, in which event this agreement shall not be
canceled but shall continue in full force and effect, and in such case any excess thereof
shall belong to Lessee;
7
(e) in the event of destruction of all or a material portion of the Airport or the
Airport facilities, or in the event that any agency or instrumentality of the United States
Government, or any state or local government occupies the Airport or a substantial part
thereof, or in the event of military mobilization or public emergency wherein there is a
curtailment, either by executive decree or legislative action, of normal civilian traffic at the
Airport or the use of motor vehicles or airplanes by the general public, or a limitation of the
supply of automobiles or of automobile fuel, supplies, or parts for general public use, and
any of said events results in material interference with Lessee's normal business operations
continuing for a period in excess of fifteen (15) days;
(f) in the event that at any time prior to or during the term of this agreement,
Lessee's presently existing right to operate an ATM at the Airport is withdrawn, canceled,
terminated, or not renewed by Lessor:
(g) the taking of the whole or any part of the demised premises by the exercise of
any right of condemnation or eminent domain;
(h) if at any time during the basic term or option term of this lease a majority of
the scheduled air transportation serving the local area no longer operates from the Airport:
or
(i) if at any time during the basic term hereof or the option periods, the Airport or
terminal building is removed to a place more than three (3) road miles in distance from its
present location.
21. Lessee's Reserved Rights - Nothing contained in this Agreement shall limit or restrict
in any way such lawful rights as Lessee may have now or in the future to maintain claims
against the federal, state, or municipal government, or any department or agency thereof,
or against any interstate body, commission or authority, or other public or private body
exercising governmental powers, for damages or compensation by reason of the taking or
occupation, by condemnation or otherwise, of all or a substantial part of the demised
premises, including fixed improvements thereon, or of all or a material part of the Airport
with adverse effects upon Lessee's use and enjoyment of the demised premises for the
purposes hereinabove set forth; and Lessor hereby agrees to cooperate with Lessee in
maintenance of any just claim of said nature, and to refrain from hindering, opposing, or
obstructing the maintenance thereby by Lessee.
22. Assignment and Subletting - Lessee shall not assign or sublet this agreement without
prior written consent of Lessor, nor permit any transfer by operation of law of Lessee's
interest created hereby, other than by merger or consolidation.
23. Other Use - Lessee shall not use or permit the use of the demised premises or any
part thereof for any purpose or use other than an authorized by this agreement.
24. Liens - Lessee shall cause 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 contractors or
su bcontractors upon the demised premises or arising out of or because of the performance
of any work or labor upon or the furnishing of any materials for use at said premises, by or
at the direction of Lessee.
25. Time - In computing Lessee's term within which to commence construction of any
8
Axed improvements or to cure any default as required by this Lease, there shall be
excluded all delays due to strikes, lockouts, acts of God and the public enemy, or by order
or direction or other interference by any municipal, State, Federal or other governmental
department, board, or commission having jurisdiction, or other causes beyond Lessee's
control.
26. Paraqraoh Headings - Paragraph headings herein are intended only to assist in
reading identification and are not in limitation or enlargement of the content of any
paragraph.
27. Notices - Any notice of other communication from either party to the other pursuant
to this agreement is sufficiently given or communicated if sent by registered mail, with
proper postage and registration fees prepaid, addressed to the party for whom intended, at
the following addresses 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.
For Lessor
Airport Director
Key West International Airport
3491 S. Roosevelt Blvd.
Key West, FL 33040
For Lessee
Orion Bank
12640 Overseas Highway
Marathon, FL 33050
28. Final Understanding - The parties agree that this lease agreement supersedes and
replaces the agreement dated January 13, 1999 between Lessor and Lessee's predecessor
bank, First National Bank of the Florida Keys, A copy of the January 13, 1999 agreement is
attached to this lease as Exhibit C and made a part of it.
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
/~~f f
. . I '
By. 1 . ,,~.......~..-r....-........I----'
,? Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
.:h~, A"" /;
I I _ ,.- .,...../,.(/
::- (/~/('.r:--~,u....l_~ "_..J . ~:.:::....,_~~
/ i'" / . .... \ "",,--
By \/
Mayor/Chairperson
( S EA L)
,4 TTEST:
ORION BANK
try ;?I P-- vl~'
~ A-,~>'?~r
.
jalratm
By
Title
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9
NON-COLLUSION AFFIDAVIT
~ (' 'f t -:S-. R \ I \ \ \ d> M. J of the city
N CtF- according to law on my oath, and under
penalty of per jur-y, depose and say that;
!,
of
1) Iam C~O ~ ~,
Proposal for the project described follows:
~ , the bidder making the
~uJ~
\j
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2) The prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter relating to such
prices with any other bidder or with any competitor;
3) Unless otherwise required by law, the prices which have been quoted in this bid have not
been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid
opening, directly or indirectly, to any other bidder or to any competitor; and
4) No attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition;
5) The statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the h of the statements contained in this affidavit in
awarding contrac!s for said project.
COUNTY OF Ccl\l~
pJ~
Bidde,) ~ ' I
:7 L! [!!J~/
f ,
DATE
()
STATE OF
f:1crlk
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
:::BrY-~ ::1. \.0; \~~S .ho. oft.. fi,,' be". ,...., by mo.
signing) a ixed his/her signature in the space provided above on thIS
:3 ci day of karch , 200t-
~~!~
~- ...:::;.::.:~?~~.~.'=-'~-'=-c~---'''f
..:...... ...."._'-_...'\~.Jc .}
I (~~;f: _~~_ .... ;~J
(name of individual
My commission expires:
OMS - MCP FORM #1
LOBBYI::\'G A1'\1) CONFLICT OF INTEREST CLAUSE
SWOR'\' STATEMENT UNDER ORDINANCE NO. 010-1990
:vIO:\'ROE COUNTY. FLORIDA
ETHICS CLAUSE
~ 'f'( Y \S' W, If, Q.I\.M.5 \varrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
SectIOn 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or ...iolation of this pro...ision 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 fu1l amount of any fee,
commission, percentage, gift. or consideration paid to the former County officer or employee.
tsro
Date:
(signature)
3/:3' h?L '
I ,
STATE OF Mar \clcv
COUNTY OF CdtlOr
PERSONALL Y APPEARED BEFORE ME, the undersigned authority,
~y~ 3", Wi 1\; ctrY1 s. who. afle, ficsl be;ng sworn by me, af~d h;"oe,
signature (name of individual signIng) in the space prO\ ided above on this ~~ day of
kctrch
NOTlu\ Y PlJ13LIC
1\1y commission expires:
O?\fB - :\1CP FOR\1 ==4
~~~;...'...~,__J~,~~~~_~
t'~":'~ _~=~~~~;;==-~~
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby cenifies that:
Dr I 0 oJ
(Name of Business)
~~
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining
a drug-free workplace, any available drug counseling, rehabilitatio~ and employee assistance programs,
and the penalties tbat 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 subsectioD (I).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or 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 ifsuch is available in the employee's community, or any employee wbo is so convicted.
6. ~ake 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.
Bid
hI "
. pve-
CtY~
/
Date
O\1B - \lCP#5
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY
T\VO for a period of 36 months from the date of being placed on the
convicted vendor list."
By:
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. INSURANCE
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'996 EdillOn
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In additio~ the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program
If the Contractor participates in a self-insurance fund, a Certilicate ofInsurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
wel
Adminismuion Instruction
#4709.5
87
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the }York governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Irnurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimlI111, liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfY the above requirements.
VL3
Administrmi on instruction
#4709.5
82
1996 Edlllon
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
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 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims 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 requirements.
GL3
Administration lnstrJction
#4709.5
55