Resolution 259-1986
Louis LaTorre, Executive Director
Social Services Department
RESOLUTION NO. 259-1986
A RESOLUTION AUTHORIZING THE MAYOR AND CHAIR-
MAN OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, TO EXECUTE A LEASE
AGREEMENT BY AND BETWEEN THE FLORIDA
DEPARTMENT OF TRANSPORTATION AND MONROE
COUNTY FOR TWO (2) PASSENGER VANS FOR THE
MONROE COUNTY TRANSPORTATION PROGRAM.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of the Board of County Commis-
sioners of Monroe County, Florida, is hereby authorized to
execute a Lease Agreement by and between the Florida Department
of Transportation and Monroe County, a copy of same being
attached hereto, for two (2) passenger vans for the Monroe County
Transportation Program.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 22nd day of August, A.D. 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~. - ~
BY: ~ ~)..., Vi>' . .. '- ..... -t-- ~
MAYOR/CHAIRMAN
(SEAL)
Attest: DANNY 1. KOLHAGE, Clerk
L!..k'.~~, 1)~
CLERK
-(}/7l!/!
BY
{,r:r/,., ','!,~r,,"':t2',,~
~'-' ,~ "'; '~,V ;J
.~ \L. ~7' 1
Attorney's Office \
w. P. Item No. 0810??6
Job 99Rqn _ 1R41 ~ 3R45
FUNCTIt~'1 fiRl
OBJECT 240n2n
COST CTf~. q41
ORG. COOE ~~1nlnnnq41
LEASE AGREEMENT rnR
DEPAK T:~E'lT OF T~ANSPORT A Tl ON VEH; CLES AND EQU I ?~~Etn
PUBLIC AGE;KI~'-,
THIS AGREEr~ENT. consisting of this portion and EXHIBIT(s) A
attached hereto and made a part hereof, effective on the date herein
specified. by and between the FLORIDA DEDARTM~NT OF T~ANSPORTATION,
hereinafter called the "Lessor" and Monrop C~lJntt
hereinafter call ed the "Lessee"; DESIGNATED COORD NAl D Cor~i;'UNI TY
TRANSPORTATION PROVIDER FOR ff8 COUNTY(IES).
r APPLICABLE)
WIT N E SSE T H:
WHEREAS, the Lessee is desirous of leasing from the Lessor
passenger equipment, further described in EXHIBIT A , for a
por i cd of __l2_ morlths ,
W)I(I, THEREFrnE, fi)r' and in cor.sidet'cL:cn of the premises anj
('JJ-'!r!dnts contained hel'ein, it is -3qrCI-.:d j~ follows:
1. PRE-EXISTING LEASE CONTRACT (s)
As of the effective elate
d1reem~nt entered on nIb
Lessee, i s hel'e~n supet'se e .
subject reas-= aqreel1ents must
of the effectiv~ date of this
0f this least' agreement, the lpase
, by anrl hetween the Lessor and th~
Reports and payments outstanding on
be satisifed in full, within thit'tydays
agreemen t.
2. LEASE TER~l
The vehicle( s) and equipment further cJ>-?scribed in Exhibit( s) A
attached her'eto, are leased to the Lessee effective upon compleTe--
execution of this dgte'~ment or receipt of the equipment by the Lesse~~
whichever is appl icable, or upon a date, establ i shed in wri t ing by the
Multi-Modal Program Manager. In the event of variable dates of
delivery of the equipment to the Lessee, the District Multi-~'odal
Program Manager may establish an pffective date for each individual
piece of equipment desCt'ibed in Exhibit A. Proof of insurance
coverage by the Lessee, as providc1 in Paragraph 8, herein, must be
provided the Lessor' prior to the effective oilte. The lease shall
terminate on _ 6/~O(87 __, unless, the contl'~ct is either,
extended as provlCfPd In Paragraph 15, herein, or by mutual afjreement
under th.., terms of the lease, terminated sooner.
RE V. 10/1 185
-1-
3. LESSEE COSTS
a. The Lessee agrees to pay to the Lessor as rent for the
vehicles and equipment herein leased. the sum of $ 250.00 per
month. payable quarterly in the amount of $ 750.0U . Lease rate
and payment schedule per vehicle is as indicdted in Exhibit A
b. ADJUSn'E'HS: In the event, any of the vehicles 01" equ~pment
become non-operational, because of circumsL~r)(es beyond control of the
Lessee, rental paY~lents may be adjusted at the sole discretion of the
Lessor for the periods of non-operation.
4. DELIVERY
It is aqreed by parties hereto that equipment described in
Exhibit A - will be delivered to the Monroe Co. Transportatiqn
Program. Wlng 111 Public Service Building, Key west, ~Iorlda jjUQU
dnd will be released to Lessee at that location, on a mutually agreed
to schedule.
5 . TITLE
It is expr-essly understood and agreed by the parties hereto that
the titles to all equipment herein leased are and shall remain in the
L~ssor, and the lessee agrees not to loan, sell, sublet, assign or
mor-tgage said equipment, or lend or permit them to be subject to any
legal process ~ithout the Lessor's prior written consent.
6. MAl NTENANCE
The Lessee shall provide and (normally) pay the cost of
maintenance and repair service of the leased equipment in accordance
with standard preven t ive and correc t i 'Ie mai n tenance procedure s on the
basis of instructions supplied by the manufacturer and/or the Lessor.
Preventive maintenance practices consistent with proper equipment care
will be exercised including special attention to corrosion control.
The Lessp.e further agrees to maintain the equipment in a presentable
condition.
All maintenance actions and replacement of parts will be
documented fully and reported to Lessor in accordance with reporting
requirements. as contained in paragraph 10, below.
7. OWNERSHIP OF PARTS
The Lessee agrees to maintain a complete and accurate record with
respect to any lessor furni shed equipment, parts, if any, using such
parts only in the repair and maintenance of the Lessorls equipment.
All such records to be maintained on a gene,"ally acceptable accounting
basis And shall be clearly identified and readily accessible to the
Lessor upon request at any and all reasonable times. However, it ;s
expressly understood and agreed that nothing in this agreement
obligates the lessor to furrlish maintenance and repair'parts to the
Lessee and that all Lessee purchased parts installed on leased
equipment becomes the property of the Lessor.
REV. 10/1/85
-2-
8. .. ,."",RANCE
--
The Lessee shall agree to carry insurance, or if seH-insured
guarantee liability. for minimum coverage as follows. naming the Lessor
as one of the insured:
Liability coveraqe in an amount of ~100,OOO for the death or
injury of one (1) person, $200,000 in the event of injury or
dea.th of two (2) or'mor'e persons in a single accident
including liability to any employees engaged in operation of
the venicles. and $sn.ooo for property damage. Comprehensive
and collision covera'JeWITl be obtained for the full v3.1'~e ')f
each bus, less nJrmaf ($25).00) deductible. Current ~alu2 af
equipment is $ 10,500 each.
9. OPERATIONS
In the operation of equipment leased by this agreem::mt Lessee
agrees:
a. To limit use of leased vehicles and equipment to publ ic
tl-ansportation services and routes. No ch'1nges in use of said vehicles
and equip~ent will be implemented by Lessee unless ~'itten
authorization is received frem Lessor.
b. Not to make any alterations or rno1ifications to th'~ equipI,ent
exc~pt with the written consent of the Les~ar.
c. To precisely follow the Lessol,lS l)uidelines fOl' affixing or
paintin') any designs, or marking signs on the leased vehicles. Neither
commercial nor political campaign advertising will appeal' on leas'~d
equip:~ent. Public service posters, or announcements may be plac'21 in
pr-e-existing advet'tising racks, (if any). leased vehicle signs,
SU:JDI i<:d by Less(Jr', sr111 be affixej to veh~r:1es.
d. Not to use the e~uipment in violation of Federal, State or
Municipal Statute, Law, regulation, ruling, order or ordinance.
e. .To hold lessor harmless from all fines, forfeitures or
penalties for traffic violations or other violations incurring in
connection with the operations of the equipment units by Lessee.
f. To cause each vehicle to be operated only by a fully
qualified, competent, licensed driver. Lessee shall require each
,driver' to have a good driving record and to operate with all due care
anrj dil iqence to pl"event loss and dalnage of any nature.
g. To protect the equipment from theft and other hazads while
undel" Lessee' 5 control.
h. To be I'esponsible for danraqes aI' loss to the equip,nent in the
event of disaster, fire, theft, flood. riot, strikes, conver-sion,
collision or other padial or total destruction except to the extent
Lessor may be t'eimbul"Sed by payment of insurance proceeds.
i. To verbally notify the lessor immediately of any theft. fire,
irnpl"oper performance, damage, accidents or collision in \oJhich the
-3-
REV. 10/] 8/85
equiplTlcIlt has bcc21l involved and refrain fr'om operation of such
C'quipment so involved until permission ;5 obtained from the Lessor; to
supply a copy of any report requifed to be filed with any admini-
strative body or governmental body, to supply a written report within
seven (7) days of any theft, fire, accident or collision involving any
equipment. In the event of failure to so notify Lessor, Lessee will be
"esponsible for' any loss to Lessor as a result of such failure; to
cooper3te fully with the Lessor in any reasonable way to pfevent loss:
to aid in every reasonable way in the defense of suits or other
proceedings which may be bfought as a result of the op~ratian of t~e
said equipment: to notify the Lessor' pr'omptly of any papen, notic~s at'
docume:lts served upon the Lessee, its agents, servants or employees. 1n
connection with any claim, suit, action or proceedings commenced
against the Lessee, its agents, servants 0" employees, arising out of
the operation of the said equipment.
j. Lessee shall not initii\te any ?ctions for reCO'/f:ry of rja!TIcqi.~s
to equipment wilhout wr-itten consent of Lessor. Lessee shall take no
steps which would affect the Lessor" s claim fOf damages, if any,
without written consent of Lessor.
10. REQUIRED REPORTS
a. In addition to special reports, as necessary, pr"eviously c~:ed
lii para'll'aph q, above, certa~n rf?qular opet'ating and mainten:1n:e
repor'ts will be required by the Lessor, of the Lessee.
b. MAIrITEtU,NCE REPORT. Records of inspection, corrective, or
pr'eventive Inaintenance actions, including irlentification and cost of
p:jt'ts used, labor hours and vehicle mileJge will be recorded on WOI~
order forrns. The wor'k order should identify how failures (if any) were
detecU2d: ,....hether by regular" in~,pection, driver report, vehicle
breakdown. or other'. The work order forms will be accumulated and
submitted monthly to the District t~ulti-~~oddl Program t~dnager.
Inrjividu)l vehicle Maintenance Recor'd Files will be kept current by t~,f:::
Lessee. This record shall be available for Lessor's review during
per'iodic cornpl lance inspections.
If Lessee does not have an established maintenance work Ofder
system, forms will be provided for use by the Lessor. These forms will
,be completed and submitted, as previously described.
Maintenance Su~nary Repofts, provided by Lessor, shall be
submitted for each leased vehicle with completed work orders and
Pn"ventativr M,:lintendnce Reports, as applicable, attached thereto.
All I'eports shall be legible:
-4-
REV. 1011/85
11. mJDlTS AND INSPECTIOfjS
-
Lessee agrees to permit the Lessor's designated represpntatives to
audit all books, r"ecords and files relative to the ooeration and
maintenance of the leased vehicles, equipment and parts (as
applicable); to assist in providing said documents and information and
to permit inspection of vehicles, equipment and parts by the Lessor' 5
representatives. Time for conducting said audits and inspections will
be during normal business hours.
12. INDEM~IFICATION
The Lessee hereby agrees to indemnify, defend, save, and hold
harmless the Lessor from all claims, demands, liabilities and suits of
~ny nature whatever arising out of, because of or due to the breach of
the Lease Agreement by the Lessee, its agents or employees, or due to
any act or" OCC'JrTence of omission or' conmission by the Lessee, its
agents or employees. It is specifically understood and agreed that
this indemnification agreement does not cover at' indemnify the Lessor
for its own negligence or breach of contract.
13. WARR,I\NTS
The Lessee wanants that he has not eP1ployed or retained any
company or per"son, other' than a bona fide employee working solely for
the Lessee, to solicit or secur"e this Agr"eement, and that he has not
paid or agreed to pay any company or person, other than a bona fide
employee working solely for the Lessee any fee, commission, percentage
brokerage fee, gifts, or any other consideration, contingent upon or
resul ling from the award or making of thi s Agreement. For breach or
violation of this warranty, the Lessor shall have the right to annul
this Agreement without liability.
14. TERMINATION
a. BREACH. The Lessor may, by written notice to the L.essee,
cancel this Al:.Jrcell~ent for any of the following reasons, to be effectbe
upon receipt of said notice:
(1) The Lessee takes any action pertaining to this Agr"eement
wi thout approval of the Lessor which under the procedures of the
Agr"eernent would have required the approval of the Lessor.
(2) The Lessee defaults under any provisions of this Agreement.
(3) The Lessee uses the vehicles, equipment and parts In a manner
not provided for under provisions of this Agreement.
b. CMCELLATION. Either pady (Lessor or Lessee) may, by mutual
agreement, cancel or terminate this agreement by no less than thirty
(30) days' written notice to the other party.
c. ACTION UPON EXPIRATIorj OR CANCELLAfION. In the event of
expir-ation or cancellation of this Agreement, Lessee agrees to proceed
as follows:
-5-
REV. 1011/85"
(", "liver all leased vehicles, equipment and r ';if
applic"u,'" within 72 hour after' termlnatwn date to
DepartJnent of Transportation, Maintenance Yard, Marathon Sub-Unit
Maint. Office, between the hours of 9:00 Ar~ and 3:00 PM (MOnday
ThurscJ~y).
(2) To be l'esponsible for the cost of repairing, repl~cing or
restol'ing any of said vehicles, equipment and parts, delivered in
substandard condition.
(3) To ~nsut'e that tr~,~d l'emaining on the tit'es of the d.2l ivered
vehicles is ~o less than 7/32" on any of the tires to provid': for s'tfe
tr-a'lSpol't by the Lessor to the next destinJtion and to be r'espons~bie
for the cost of replacing any tires not meeting said standal'ds.
15. EXTENSION OF LEASE
The District Multi-Modal Program Manager, with pr'ior concurren:e
ham the Central Office, Bus Fleet Program Manager, is d'Jthorized ta
extend this Leas'2 Aqreer.H~nt for a period not to. exceed ;)n2 (1) yeal'.
This extension may be for all the equipment described in Exhibit A
or for individual pieces of equipment, as applicable. A new Exhib-,r:-
vJith paynent schedule shall be issued as a part of the extension
notice, at the originally contracted lease rate.
16. COMPLETENESS OF AGREEMENT
This Lease sets forth all the agreements, terms, conditions and
understandings, between Lessor and Lessee and there are no agreements,
customs, usaJes, terms, conditions, or understandings either oral or
written, expl'essed or implied, between the Lessor and Lessee, as LesS:Jr
and Lessee, other' than are herein set forth.
IN ',JlniE~3 l-iHEREOF, thc' pirties her-2to have caused theo:;,~ pre:'cn:s
to be executed, the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
PUBLI C AGENCY
BY:
BY:
DIRECTOR, PUBLIC TRANSPORTATION
OPERATIONS
-ATTEST:
Ex.ecutive Secr'etary
(SEAL)
ATTEST: fZ./L~JJ.L
cor~PTROLLER :
Attorney's Office
BY
Legal:
FINAL EXECUTION
(DATE)
-6-
REV. 10/1/85'
WPI#
flS10226
EXHIBIT A
LEASE AGREEMENT
FOR
VEHICLES AND EQU!P~E~T
This Exhibit for'ns 3.n inte:p-;:1 PM': of that padicL:lar L(~ase
flgre'2''len t be t.~een the STATE OF FLORIDA OEP,Irnr'lENT OF TRANSP(1RTf~TIO~1 and
Monroe County , executed:
DESCR1PTlOil OF LE,'\SED EOUIPMENT:
DOT 1D HJ~. E L. PSG. seel' ;Ilil JC3
NUr.1BER YE~,R ~lAKE CAP. NU~1BER NUi~BER V. I. N.
--
89043 1985 FORD 14 99890 3843 IFBH531H2FHB74914
89045 1985 FORD 14 99890 3845 IFBH531H6FHB74916
---
LE,'\SE
R~E
CURRE tIT
INS IJ'<l\GLE
ASSX1''\.n:D EQUIPMEilT
C) R ,'T' -: iI i~ T ," ,'\ S R E () I Jl F ~ J
\/'" .,....
v t., ~_ ',_ -=-
$125 $10500
125 10500
LESSEE F.E. 1.0.:
596 000 749
LESSEE BILLING
ADDRESS: Monroe County
Transportation Program
Wing, III Public Service
Building, Room 309
Key West, Fla, 33040