Resolution 333-1987
Louis LaTorre, Director
Social Services
RESOLUTION NO. 3!3-l987
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHO-
RIZING THE MAYOR/CHAIRMAN OF THE BOARD TO
EXECUTE A LEASE AGREEMENT FOR DEPARTMENT OF
TRANSPORTATION. VEHICLES AND EQUIPMENT BY AND
BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTA-
TION AND MONROE COUNTY, CONCERNING TWO (2)
FORD VANS UTILIZED BY THE MONROE COUNTY
TRANSPORTATION PROGRAM.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that said Board hereby authorizes the
Mayor/Chairman of the Board to execute a Lease Agreement for
Department of Transportation Vehicles and Equipment by and
between the Florida Department of Transportation and Monroe
County, a copy of same being attached hereto, concerning two (2)
Ford Vans utilized by 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 1st day of September, A.D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
#4<.- ~~ do
CHAIRMAN .17-'.
(SEAL)
DANNY L. KOLHAGE, Clerk
Attest:
~L. ~/~~
BY
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W. P. Item No. 0810227
Job W~00-1882
FUNC 681
OBJECT 740020
COST CTR. q41
ORG. CODE ~~101000943
LEASE AGREEMENT FOR
DEPARTMENT OF TRANSPORTATION VEHICLES AND EQUIPMENT
THIS AGREEMENT, consisting of this portion and EXHIBIT(s) A
attached hereto and made a part hereof, effective on the date here1n
specified, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION,
hereinafter called the IILessorll and ~oroe ~ounty
hereinafter called the IILessee"; THECO R INAT 0 COMMUNITY
TRANSPORTATION PROVIDER FOR N/A COUNTY(IES).
(If APPLICABLE)
,
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WIT N E SSE T H:
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WHEREAS, the Lessee is desirous of leasing from the Lessor
passenger equipment, further described in EXHIBIT A , for a
period of '7 mnn~h~
NOW, THEREFORE, for and in consideration of the premises and
covenants contained herein, it is agreed as f~l!ows:
1. PRE-EXISTING LEASE CONTRACT (s)
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As of the effective date of this lease agreement, the prior lease
agreement executed _ ,N/ A . ,..bJ and between the
lessor and the Lessee, 1S here1n superseded; Reports and payments
outstanding on subject lease agreements must be satisfied in full,
within thirty days of the effective date of this agreement.
2. LEASE TERM
The:v~Qicle(s) and equipment further described in EXhibit(s) A
'atta,had' hereto, are .leased to the Lessee effective upon complete
execution ~f th~s.agreement_or receipt of the equipment by the lessee
whichever is appliCable, or"upon a date, established in writing by the
Multi-Modal Program Manager. In the event of variable dates of
delivery of the equipment to the Lessee, ~he District Multi-Modal
Program~anager may establish an effective date for each individual
piece of, equipment described in Exhibit A. Proof of insurance
coverage by the Lessee, as provided in Paragraph 8, herein, must be
provided the Lessor prior to the effective date. The lease shall
terminate on 8/30/88 - ., unless, the contract is either,
extended as prov1ded 1n Paragraph 15, herein, or by mutual agreement
under the terms of the lease, terminated sooner.
REV. 5/5/87
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3. L~~~~~ COSTS
a. The Lessee agrees to pay to the Lessor as rent for the
vehicles and equipment herein leased, the sum of $ 380.00
month, payable quarterly in the amount of $-11Ao. . Lease
and paj11lent schedule per vehicle is as indicated ln Exhlbit A
per
rate
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b. ADJUSTMENTS: In the event, any of the vehicles or equipment
become non-operational, because ofcircuillstances beyond control of the
Lessee, rental payments may be adjusted at the sole discretion of the
Lessor for the periods of non-operation.
4. DELIVERY
It is agreed by parties hereto that equipment described in
Exhibit A will be delivered to the Monroe County ,
T~an~PYf~a~;on fTogr~. WiPJt III. Public Service Bldg. KeyWestt Fla. 33040
and Wl be reTeased to Lessee at that locatlon, on a mutually agreed
to schedule.
5. TITLE
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It is expressly understood and agreed by the parties hereto that
the titles to all equipment herein leased are and shall remain in the
Lessort and the Lessee agrees not to loan, sell, subl~t, assign or
mortgage said equipment, or lend or permit them to be subject to any
legal process without the Lessor's prior written consent.
6. MAINTENANCE
,.
The Lessee shall provide and pay the cost of ' maintenance and
repair service of the leased equipment in accordance with standard
preventive and corrective,maintenance procedures on the basis of
instructions supplied by the manufacturer aQd/orthe Lessor.
Preventive maintenance practices consistent with proper equipment care
will be exercised including speCial attention to corrosion control.
The Lessee further agrees to maintain.the equipment in a presentable
cond it ion.
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All...maintenance actions and replacement of parts will be
docLJnented-ful1y and reported to Less.or in accordance with reporting
requiremerttt, a~;.' contai[led. ~n paragraph 10, below.'- "-
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7. OWNERSHIP OF PARTS
The- Lessee agrees to maintain a .complete and accurate record with
respect'1o any Lessor furnished equipment, parts, if any, using such
parts only in the repair and maintenance of the lessor's equipment.
All such records to be maintained on a generally acceptable accounting
basis and shall be clearly identified and readily accessible to the
Lessor upon request at any and all reasonable times. However, it is
expressly understood and agreed that nothing in this agreement
obligates the Lessor to furnish maintenance and repair parts to the
Lessee and that all Lessee purchased parts instaJled on leased
equipnent becomes the property of the lessor.
. REV. 5/5/87
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8. 4..vv...\NCE
The Lessee shall agree to carry insurance, or if self-insured
guarantee liability, for minimum coverage as follows, naming the Lessor
as one of the insured:
Liability coverage in an amount of $100,000 for the death or
injury of one (1) person, $200,000 1n the event of injury or
death of two (2) or more persons 1n a single accident
including liability to any employees engaged in operation of
the vehicles, and $50,000 for property d~nage. Comprehensive
and collision coverage w11l be obtained for the full value of
each bus, less normal deductible. Current value of equipment
leased under this contract is: 21,000 (TOTAL).
9. OPERATIONS
In the operation of equipment leased by this agreement Lessee
agrees:
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a. To limit use of leased vehicle(s) and equipment to approved transit
services and routes. No changes in use of said vehic1e(s) and
equipment wil.l be implemented by Lessee unless written authorization is
received from Lessor.
b. Not to make any alterations or modifications to the equipment
except with the written consent of the Lessor.
c. To precisely follow the Lessor's guidelines for affixing or
painting any designs, or marking signs on the_ leased vehicles. Neither
commercial nor political campaign advertising-will appear on leased
equipment. Public service posters, or announcments may be placed in
pre-existing advertising racks, (if any).
d. Not to use the equipment in violation of ~Federal, State or
Municipal Statute, Law, regulation, ruling, .prder 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' !:duse each vehicle to be operated only by a fully
qua1ified;-cmnpetent, licensed driver.. Lessee shall require each
driver to "have good 9riying record and to operate with all due care and
diligence to prevent loss and damage of any nature.
g. To protect the equipment frQm theft and other hazards while
under Lessee's control. -
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h. To be responsible for damages or loss to the equipment in the
event of disaster, fire, theft, flood riot, strikes, conversion,
collision or other partial or total destruction except to the extent
Lessor may be reimbursed by payment of insurance proceeds.
1. To verbally notify the Lessor immediately of any theft, fire,
improper perfonmance, damage, accidents or collision in which the
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REV. 5/5/87
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equipment has been involved and refrain from operation of such
equipment so involved until permission is obtained from the Lessor;" to
supply a copy of any report required 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
responsible for any loss to Lessor as a result of such failure; to
cooperate fully with the Lessor in any reasonable way to prevent loss;
to aid in every reasonable way in the defense of suits or other
proceedings which may be brought as a result of the operation of the
said equipment; to notify the Lessor promptly of any papers, notices or
documents served upon the Lessee, its agents, servants or employees, in
connection with any claim, suit, action or proceedings commenced
against t~e lessee, its agents, servants or employees, arising out of
the operation of the said equipment.
j. Lessee shall not initiate any actions for recovery of damages
to equipment without written consent of Lessor. Lessee shall take no
steps which ~uld affect the lessor's cl aim for damages, if any,
without written consent of lessor.
10. REQUIRED REPORTS
a. In addition to special reports, as necessary, previously cited
ln paragraph 9, above, certain regular operating and maintenance
reports will be required by the lessor, of the Lessee~
b. MAINTENANCE REPORT. Records of inspection, corrective, or
preventive malntenance actlons, including identification and cost of
parts used, labor hours and vehicle mileage will be recorded on work
order forms. The ~rk orqer should ident ify how fai 1 ures .( if any) were
detected; whether by regular inspection, dri.ver'"report, vehicle
breakdown, or other. The work order forms will be accumulated and
submitted monthly to the District ["1ulti-Modal Program Administrator.
Individual vehicle Mainten~nce. Record Files will be kept current by the
lessee. ... This record shall be available for Lessor's review during
periodic~ce~tiance inspections.
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If less"ee-.aoes not" have- an est-ablished maintenance work order
system, forms ~ill be provided for use by the lessor. These forms will
be completed and submitted, as previously described.
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Mafntenance Summary Reports, provided by Lessor, shall be
submitted for each leased vehicle with completed work orders and
Preventative Maintenance Reports, as applicable, attached thereto.
Reports shall be submitted monthlx, within 15 days following the month
covered by the report(s) and all reports shall be legible.
REV. 5/5/87
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11.
TS AND INSPECTIONS
Lessee agrees to permit the Lessor1s designated representatives to
audit all books, records and files relative to the operation 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's
representatives. Time for conducting said audits and inspections will
be during normal business hours.
12. INDE~NIFICATION
The Lessee hereby agrees to indemnify, defend, save, and hold
harmless the Lessor from all claims, demands, liabilities and suits of
any 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 occurrence of Q~ission or commission by the Lessee, its
agents or employees. It is specifically understood and agreed that
this indemnification agreement does not Cover or indemnify the Lessor
for its sole negligence or breach of contract.
13. wARRANTS
The Lessee warrants that he has not employed or retained any
company or person, other than a bona fide employee working solely for
the Lessee, to solicit or secure this Agreement, 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
resulting from the award or making of this 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 Lessee,
cancel this Agreement for any of the follo~ing reasons, to be effective
upon receipt of said notice:
(1) The Lessee takes any action pertaining to this Agreement
without ,approval of the Lessor which under the procedures of the
Agreemei1t."~,)Uld have required the approval of the Lessor.
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(2) ~ihe.:C~ssee' defaults under. any provisions of this Agreement.
(3) The Lessee uses the vehicl~s, equipment and parts in a manner
not provided for under provisions of this Agreement.
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b. CANCELLATION. Either party (Lessor or Lessee) may, by mutual
agreement, cancel or terminate this agreement by no less than thirty
(30) days' written notice to the ~ther party.
c. ACTION UPON EXPIRATION OR CANCELLATION. In the event of
expiration or cancellation of this Agreement, Lessee agrees to proceed
as follows:
REV. 5/5/87
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c,
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(1) er all leased vehicles, equipment and part .
applicable) within 72 hours after termination date to
Department of Transportatlon, Malntenance Yard, Marathon Sub Unit
Maint. Office, between the hours of 9:00 ~~ and 3:00 PM (Monday _
Thursday) .
(2) To be responsible for the cost of repairing, replacing or
restoring any of said vehicles, equipment and parts, delivered in
substandard condition.
(3) To insure that tread remaining on the tires of the delivered
vehicles is no less than 7/32" on any of the tires to provide for safe
transport by the Lessor to the next destination and to be responsible
for the cost of replacing any tires not meeting said standards.
15. EXTENSION OF LEASE
The District Multi-Modal Program Manager, with prior concurrence
from the Central Office, Bus Fleet Program Manager, is authorized to
extend this Lease Agreement for a period not to exceed one (I) year.
This extension may be for all the equipment described in Exhibit A
or for individual pieces of equipment, as applicable. A new Exhi~
with payment 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,
custo~s, usages, terms, conditions, or understandings either oral or
written, expressed or implied, between the le~sor_and Lessee, as lessor
and Lessee, other than are herein set forth.
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IN WITNESS WHEREOF, the parties hereto have ~aused these presents
to be executed, the day and year first abov~ Written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
AGENCY
BY:
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BY:
DIRECTO~,PUBLIC TR~NSPORTATION~
OPERAT~ON~;~ :.. ~
..:.
ATTEST:
Executlve Secretary
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(SE~L)
ATTEST:
CO~lPTROLLER :
B
Legal:
FINAL. EXECUTION
(DATE)
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REV. 5/5/87
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WP I #....af
EXHIBIT A
LEASE AGREEMENT
FOR
VEHICLES AND EQUIPMENT
This Exhibit forms an integral part of that particular Lease
Agreement between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and
Monroe County , executed:
DESCRIPTION OF LEASED EQUIPMENT:
DOT ID MODEL PSG. SECTION JOB
NUMBER YEAR MAKE CAP. NUMBER NUMBER V.l. N.
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89043 85 Ford 14 99890 3843 1FBH531H2FHB74914
j:lQnt.. " -.8.L Ford 14 99890 3845 1FBH531H6FHB74916
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LEASE
RATE
CURRENT
INSURABLE
VALUE
ASSOCIATED EQUIPMENT
OR OTHER DATA AS REQUIRED
190 --l~~OO
~ 10500
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LEASE PAYMENT~CHEDULE:
AMOUNT , DATE PER 100 COVERED
DUE .~ DUE BY PAYMENT(S)
",
380 9/30/87 9/1-9/30
1140 10/31/87 10/1-12/31
1140 1/31/88 1/1-3/81
1140 4/30/88 4/1-6/30
760 7/31/88 7/1-8/31
LESSEE F.E.I.D.: 596000749
LESSEE BILLING
ADDRESS: Monroe County
Transportation Program, Wing III
Public Service Building, Room 309
KeyWest, Florida 33040