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Item B4 BOARD OF COVNTY COw.QSSIONERS AGENDA ITEM SUMMARV Meeting Date: December 21. 2005 Division: County Administrator Bulk hem: Yes -L No Department: County Administrator Staff Contact Person: Connie Cyr AG":NDA ITEM WORDING: Ratification and Approval of Addendum to the Lease Contract with Lazy Days R V Ccnter. Inc. for the leasc of 18 travel trailers to make available to County emploYt-'Cs affected by Hurricane Wilma. ITEM BACKGROUND: Monroe County Employees have suffered significant damage to their primary residences due t.o Hurric.ulc Wilma and it is essential 1.0 luaintain all County operations especially during this time of disaster recovery: therefore. all County employees need to be given priority consideration for temporary RV housing. This Comract is an addendum to the original 40 trailer and this wiII allow 18 addition trailers to be available for Count), employees. PREVIOUS RELEV ANT BOCC ACTION: At the November 15. 20(); BOCC meeting the Commission approve of a lease agreement with Lazy Days R V center for travel trailer to use as temporary hOllsing for COllllty employees. CONTR.;\CT/AGREf:MENT CHANGES: N/A .. _...._._...........,.........._.___..._.m.__..~._,~. .. ........_.,~_._....,.......___"v._w.~".'~==~m__^__...._"....,.,..~........_,.__._.,~~~ ST A}'}' RECOMMENDATIONS: Approval of Lease Contract with direction to the Cowny Clerk to process payment immediately. TOTAL COST:_..,.___.$185.544 BUDGETED: Yes NoL COST TO COt:NTY:$185.544 (To be reimbursed from Federal/State Govemment with a maximum ,:ost to County not to exceed 12 '/2 (71(. of total cost. REVENUJ<: PRODUCING: Yes No ~~_ AM()V~'T PER MONTH_ Year APPROVED BY: County Atty_ OMB/Purchasing _ Risk ~tanagement (>IVISION DIRECTOR APPROVAL: :J fwma., ') 'Willi crhomas 1. Willi) l}OCt.~fENT A TION: Included \ NOl Required___ DISIJQSITION: AGENDA ITEM #, MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract vl'ith: Lazy Days RV Center Contract # - Effective Date: Expiration Date: C ontra(.."t Purpose/Deseri ption: Lease Contract with Laz)' Days RV Center, Ine for the lease of 18 more travel trailers to make available to County employees affected bv Hurricane Wilma. ..-.....---...... ._---~-_.._~.~_. ~.--------~._~-->"._. '^ _._..".w____~~,_,.__.~____.~m~.~. ---".",. _"..o'."=_m~."''''~.~M,^,..,.......,...'",..'''.,,''_.''~'''''M~.~'A_hwm''.,>".",,,.._...,,_'_.'~A___'m._M>>..,m~'w"'M'''_'___~ Contract I\1anagcr: Connie Cyr 4443 County Administmtor/StoE 1:11 -~-<.'# (Name) (Ex!.) ( DepartmentiStop #) for BOeC meeting on 12/21/05 Agenda De-ddJine: 12/6/05 CONTRACT COSTS Total Dollar Value of Contract: $ Budgeted? Yes(] Grant: $ County Match: $ No t8J 185.000 to be reimbursed with 12 1/2% max to C ouoty Account Codes: Current Year Portion: $ 0459105-530440-_____-_____-_____ - - - - ----.- - - - -----.- . . - - _._~-- ADDITIONAL COSTS Estimated Ongoing Costs: $_/)'r For: ,Not included in dollar value' above) (el1,. maintenance, utilities, janitorial. salaries. etc.) CONTRACT REVIEW Date 1 n Changes Needed YesD NoD YesO NoD Date Out Division Director Reviewer ----.--...-.__.c,...~"<_~,.v.."...",...".~,.w___._ Risk !\1anagcment County Attorney "; .' ,/".0'" .~ YesD NoD YesO NoE] O.'Vf.B.Pufchasing Comments: Doo 02 05 03:....p ThollUl!l J 101 i 11 i Co Adlllin 305-292-4544 AClD8D.TOCOII'l'IW;T.,..,...LAnDAvaMDTH....~COUIf1'YIOMDOFOCl'-.llIl 1 AL rMTf!D~t.._,.... ~ IllINIa TO ADCII'!'QML UNITS TO 1I!...........c:wu MD QO\/Ir".. ~ CXWTMCT _.. ...-nc ..!y2'M:O ^'~ ,_._,_ ~~I....___oA!r""" - -- ---- [,' :';-.. ,".::' ~/;M"iiir1JJi[2:?~~ .i.<"'y'~,':,] ~_. .~~,~..-wJ -~~~_..!!If!I.~..,. ~ <~~S-~_~~~~ ~..~_. - ~~~$l..i!!!..lllI!__, - UIJ .l\oo,t,.IIl/w,!IL ". ..... fL..__ -.,'-~, ClIf - --- - -... ~'.~--- - -...: E__ ~~~~l,~':il.,;,.~i:. ._....it ... .. - \!In' F_""" J""""!L_.. .._, _._.I:'!!!L: .....:l...s.-t ~......- ....... . - ~ -~-'-'--~ .._-,,-~- '~"'...,.~._,---_._~...,_. - ~llUlll_"D -. 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'<V (_ ... ........ -..,~...""............ -'- p. 1 BOA.RD OF COlli'TY COMMISSIONERS A.GENDAITEMSU~ARY Meeting Date: November 15.2005 Division: County Administration Bulk Item: Yes No-L Department: County Administration Staff Contact Person:Debbie Fre4~cj[ AGENDA ITEM WORDING: Approval of Lease Contract with Lazy Days RV Center, Inc. for the lease of 40 travel trailers to make available to County employees affected by Hurricane Wilma. ITEM BACKGROUND: Monroe County employees nave suffered signi ficant damage to their primary residences due to Hurricane Wilma and it is essential to mamtain all County operations especially during this time of disaster recovery~ therefore, all County employees need to be given priority consideration for temporary RV housing. This Contract will allow Monroe County to lease 40 travel trailers to make available to affected County employees. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A ST AFF RECOMMENDATIONS: Approval of Lease Contract with direction It) the County Clerk to process payment immediately. TOTAL COST: $568.320 BUDGETED: Yes No COST TO COUNTY: $568.320 (To be reimbursed from Federal/State Government with a maximum cost to tbe County not to exceed 12 ~t2 % of total cost. REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_ Year APPROVED BY: County Atty..l O\H3Purchasing---L Risk Management _ X _" DIVISION DIRECTOR APPROVAL,: DOCUMENTA TlON: Included ----X_ .7~ 'Willi, Thomas 1. Willi Not Required._._ DISPOSITION; AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Lazy Days RV Center Contract # - Effective Date: Expiration Date: Contract PurposelDescription: lease Contract with Lazy Days RV Center, ine, for the lease of 40 travel trait~ to make available to County employees affected bv Hurricane Wilma. ,,-~-"" .- ..- ,.,._.,~-~ ..."'.........---.----...-.-_____._.._._m__..__ Contract Manager: Debbie Frederick 4741 Co. Administration/Stop # t (Name) (Ext) (Department/Stop #) for BOCC meeting on 11/15/05 Agenda Deadline: COi'.. fRACT COSTS Total Dollar Value of Contract: $ NoD 568.320 - to be reimbursed with 12 I max. to County Account Codes: Current Year Portion: $ Budgeted'! YesD Grant: S County Match: $ Oi/,)Q/OS S0Ctl;o_ .. - ... ... --,--- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~YT For: (Not included in dollar value above) ! eg. maintenance, utilities, janitorial, salaries, etc.) - ... ... ... ----- CON'TRACT REVIEW Changes Date In Needed DIvision Director YesD Date Out Reviewer Risk Management Y t:s[J a.M. B./Purchasing YesD NoD County Attorney YesD No.:--~ Comments: ~ "30'~ o.p 1IIod...... ".. 3:JI5Il4.~ .......'.,31M1 ~.......~ (lIl'lO)282-1'ellO LEASE COHT'RACT 0......11 l L ......... ......., [~~'ii'&,i".i "$~;' .' <.;;>~~i;l;.iI':~:a:~; * '-- Montoe Ccuntv 80Mt 9'!~ Com~ ....... , '00 __ .. . ...... 20S c;, .'f J{7it~ CIIr l"IIoM l"IIoM . I<OIW WMl .... .1. _ 33OCO I_~ .. .<.c. ;,. s.,.i. ,< FonlSt Ri. 310.... ..... --. & .... rtM'la ~ _~ .. " v_ lI'IoI' ~ ....... --. ~ ..... 1 . ". ..... -- ~ ~_Wi'lii;:W~~~~'~' .. ~'0 " .. .... '7' ,%t "'''~r-1It1f, ...~~~ , .. "'" 0lIIMr ... ....... c:.. ........ 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AI ~.._, .............. ..-,__, ----- .., .. · I*t fJI ... bMia fJllIe IwglIon ........ )'OIl and ". and wtltct1 .... ............10 ",. .. "'""'" iI' ... QOrIhCt .., . pert fJI .". COntfW:t - pa1 01.. bMia OIIlhi1llllfOain ~ )'OIl and me I AGItlU! THAT lIMY aTA~ """""An:., ~ 011 IHllUiCI""'" MIOI Me NOT W'ICfIlC.tlu.YVllllTTII!IIIII THII AlMHMU' IIW.l. /IIOT""'" ON lIMY I'NlTY, LR80It IiIO -.....0 lfMIlIIWlT8, IlCUICMO BUT /IIOT lMlTIlD TO lIMY WMlWITY THAT THlllIINCLf .IIUQWITMLI 011 AT JJOIt lIMY I'M ~ (-~.~H' 1TL D CU5M 1I.1(,."r L..-..ot'" L"'~ 0..,. ~ \I ct.....,., ..'" \ """....~~~..~ ~ t.'j-Q.Oi ,,_, 01 5 (T"""...i I - I . ___ ...... .,.~....__ _1_.-. ~...- --.nu ~ k; . 1 :..._ Spehar, Mayor :..._ ViI R_ ""0Qa'M._ ~ 11--.0.. TERMS AND CONDmONS APPLYING TO TIlE LAZVDA VS RV CENTER, INC. LEASE CONTRACf (TOW ABLES) These Terms and Conditions and the Lease Contract signed by You rogether constitute the contnlct ("Contract) for the lease of cad\ ...chicle ret'ared to on pap one and all of its equipment, hereafter called "Vehicle", The CO'IlInId is between the MOIIroe Couty ..... of Conty C........... referTed to berem 15 "You" or "Lcsaee"') and ...., De,.. RV C...... 1M., a Florida Corporation" its subsidiaries, affiliates, and agents (refetted to herein as "Lazydays" or "1...essor"). "User" refers to the individual who Lessee authorizes to occupy the V chicle. I. N.tu... oft" COIItnd.. This Contract: is solely for the purpose of creating a bailment that allows You to use the Vehicle as permitted by this ContrlM:t during the fixed term of this Contract. You a(:knowled~ thar the Vehicle is owned by the Lessor and title will not pass to You unless and until the Vehicle is purchased and paid for in fun punuant to a separately signed Buyers Order. The rental payments paid pursuant to this Lease do not apply towards tbe purc~ price of the Vehicle. No one other than Lessor may transfer the Vehicle or any rights or obligations under this COfltnet. Any attempted transfer of tbe Vehicle by any'om other lhan Lessor is void. You are not an agent of Lessor LESSOR MAKES NO EXPRJ:SS OR IMPLIED WARItA.NTIE& INCLUDING BUT NOT LlMITU TO ANY WARRANTY THAT THE VDDCLE IS MERCHANT ABLE OR FIT FOR ANY PARTICULAR PURPOSE. 2. Stanton' No"': F.ihIre to man ree" property or eq..,... .poa esp....tioa of tile .-taI period ... f...... to ,., .U ..oua dB <1IIdudiItt eoeu for cia.. to tile property or eq.""t) ....",.". /tIdtt "idetla of lateat to demttd. pu.....bIe ill aeeordaue ..Ida Stc:tkM 11%..15!, Florida Statu.... LaMe', I.ilia..: ~p, >n ~ 3. 'Vgpr JleIfouiblfitiel. (a) You will comply with the Lessee's responsibilities descn"bed in the following set up and renuwal procedlll"eS; (i) It will be YOW' responsibility for clearing the area where the Vehicle will be locakd. Lessor's personnel is not authorized to remove, trim, or cut trees or limbs. We must have adequate spac;e for setting up the Vehicle in the desired location. You must assure that the location is level prior to taking delivery. (ii) Lessor's staff willlowcr the trailer's stabilizers and le'o'el the trailer and provide blocks as required. (iii) Lessor will provide User with up to a total of 150 feet of water hose for your city water system or well. Any supplemental pumps or other equipment are your responsibility, (iv) Lessor will provide User with a 30-amp 120-\lolt tecepta<:lc boll recommended for hook-up to an el~al outlet. (v) The leased Vehicle is equipped with holding tanks for W8.-'lte water and sewage, which You and'or User will be required 10 drain on a regular basis. Lessor will pro,'ide User with a sewer hose to empty those tanks. The lanks must be emptied prior to returning the Vehicle to avoid a dump charge, Only R V products (e.g" toilet tissue. tank themicals) may be used in [he Vehicle. Failure to follow provided operating procedures may result in damage to the tanks for which You wtll be responsible. ( vi) Y OIA ~iU be responsible for localina )'QY[..a!!Ycr clean out in order for Lessor tq COIUlect your sewer hose, (vii) Lessor "ill provide User with two full propane tanks. You are responsible for refilling the tanks. (viii) You will be responsible for the return or all manua.Js and remote controls, You will reimburse Lessor it's actual costs. not to exceed $500.00. Irthe complete lot pack and all its CQntents is not returned. A fee of S iOOOO will be assessed for each missing remote. Re.. II 15,05 Page 2 of5 (Towable) (ix) THE LEASED VEHICLE IS EQUIPPED WIlH AN A WNlNG - IT MUST NOT BE LEFT OUT IN WEATHER WHICH MAY DAMAGE IT INCLUDING. BUT NOT LIMITED TO. WIND. HAIL Oil RAIN. YOU WlLLBE RESPONSIBLE FOil DAMAGE TO THE AWNING OR FOR ANY DAMAGE IT CAUSES. (x) Maiateuace aad Breakdow.~: Instructions and prlXedures for maintenance expense reiJnbunemeld are pnwKW . time of rental. You may be held mpootible for mecbllnical damaae due to negligence in Vehicle operation or failure to provide normal maintenance. In the event the Vehicle is in breakdown repair for 12 hour1 or more, through no (alllt of yours, Lessor's responsibility to You is limited to refund of daily rate or portion thereof. Radio. air conditioniq, refiigenltor. microwave and appliances, and generator malfunctions are not considered breakdowns and no refbods are avtilabJe for repair time to these itetns. (b) PAYMENT - YOU UNDERSTAND THAT THIS AGREEMENT IS BETWEEN YOU AND LESSOR AND THAT YOU AR.E. RESPONSIBLE FOR PAYMENT EVEN IF AN INSURANCE COMPANY OR noERAL OR STATE AGENCY HAS GUARRANTEED PAYMENT. BILLING INQUlJUES SHOULD Bit DIRECTED TO (800) 616-7lJGO, EXT. 4801 ESTIMATED Rl.NTAL CHA.RGE PRl.PAYMENT MAY BE REQUIRED IN FULL IN ADVANCE. AT LESSOR'S SOLI DISCRETION. In addition to the charges described in this Contract, You may also be responsible for the (ollowing charg~ if applicable: (I) Late Return - a fee of $50.00 for each day that possession of the Vehicle is not provided to Lessor at the end of the term. If access to the Vehicle is restricted for any nmson wbmt Lessor attempts to pick up the Vehicle, You wjlJ be responsible for this late charge. The Rental Day is based on number of nights the Vehicle is used. Each night constitutes a Rental Day. (ii) Cleaning A cleaning charge of $250.00 will be assessed if the Vehicle is returned in an unclean condition. (iii) Any past due payment will accrue monthly interest at the rate of 1..5% until it is paid in full. (iv) Holding Tank .', Holding tanks must be emptied prior to return of the Vehicle or lessee is subject to an additional dump charge of up to $250.00. (v) Early Return - No refunds will be paid for the early return of Vehicle. (vi) Security Deposit A security deposit equal to one month's rental p8)1Dcot is required at contract siping. Upon return, all charges. if any. are balanced against the *urity deposit and a credit or check issued to CO\ier the refund. (Pro\iision "\Iii" has *" waived for units leased to the City of Key West). (c) Penoul Beln,.... - Lessor is not responsible for any damage to or loss of any personal pro~ left in the Vehicle belonging to You or an) others. By executing this Contract, You release lessor, its agents and employees from any claim for loss of or damage to y.OW' or an)'QYle else's property which occurs at any time durin, the lease of the Vehicle. (d) V.lud. Rehn - The Vehicle must be released to Lazydays at the date and time specified in this Contract. The Vehicle must be returned to Lazydays in the same condition as received. except for ordinary wear and tear. Lessee is responsible to pay for any damage, repair. or missing appliances or equipment caused during Lessee's use, regardless of fault, except for ordinary ....ear and tear. Your responsibilil:} will not exceed the fair market value of the Vehicle at the time of loss or damage. less salvage value, plus, as pennitted by law, actual towing, storage and impound fees. Iou of U!ie. diminished value and other related expenses. Any and all damage or repair caused whiJe the Vehicle is moved by Lessee ....m be Lessee"s l'e$ponsibility as the Vehicle may not be moved for any reason. Ie} Elte." 011--- Te..... In order to extend the lease term. Ii separate Extension Addendum must be signed and agreed upon by both panies. Notice of Lessee's intent to extend the lease must be provided to Lessor in writing. Rev. II 1505 Page 3 of 5 (Towable) consi$terlt with PlII"llgT8pb No. 14 below, at least 30 days prior to the end of the original term. lease payments for the extended term must be paid in advance of the expiration of the original term. 4. I......,'. ......,hll...... Lessor will hook up the trailer to an electrical outlet to be provided by Lessee within 30 feet of the trailer. lessor will give User a walk-through to explain the operation ofthe Vehicle. Les..<ror will fix any mechanical failures not caused by lessee's abuse or misuse within a reasonable length of time after the failure is reported. If the Vehicle is destroyed or rendered uninhabitable by a third party, an act of God or any other cause which is not the responsibility of Lessee. Lessee will cooperate with Lessor in submittinc an insurance claim pursuant to Lessor's coverage, but Lessor is not responsible to replace or repair the unit. In !Iuch an event, Lessee will not be responsibfe to pay rent durilli the time period between the occurrence of the damage and the replacement or repair of the unit. Lessor will provide mobile repair serv ice to You for covered warranty repairs during your rental contract term in a reasonable time frame. A copy of the warranty is available in the handbook provided at delivery or upon request prior to delivery. Service may be discontinued at Lessor's discretion if Lessee is in arrears. Lessor assumes responsibility for the Vehicle itself, however. any improvements to the property, such as electrical or plwnbing, are the responsibility of the Lessee. Lessor will remove the Vehicle from your site when the Contract has expired. 5. Prohibited Ute or VeJaldt. Any use of the Vehicle which is prohibited by the Contract or any failure 10 fulfill your responsibilities under tbis Contract will breach this Contract; will void any limitation of your responsibility under the Contract, and make You fully responsible for lessor's actual and consequential damages, expenses, and attorney's fees and coun costs resulting from that breach. Attorney's fees and court costs will only be paid if lessor prevails in any dispute and/or lawsuit. LESSEE AND USER MA V NOT: (a) Move the Vehicle. (b) Sub-lease the Vehicle to any others, This provision does not apply to Lessee providing the Vehicle to an authorized User. Lessee will provide a list of Users to Lessor prior to delivery. (c) Operate the Vehicle in violation of any federal or applicable state, pro\'inciaJ, or local laws, rules, regulations., or ordinances. (d) Use the Vehicle for any illegal purpose or to carry explosives or other hazardous materials or wastes. (e) Occupy the Vehicle in a reckless or abusive manner which causes damage to the interiorOr' exterior of the Vehicle. (0 Allow placement of objects or persons, for any purpose, on the roof of the Vehicle, including in a parked position for viewing. (g) Allow placement of signs, lettering, painting, or other legend or loudspeakers or other sound apparatus on the Vehicle. (h) Modify. disassemble or change Vehicle in any way including. but not limited to, adding optional equipment. (i) Remove any appliance or component from the Vehicle. 0) Smoke in the Vehicle. Failure to comply with this provision will result in a $400,00 cleaning charge. 6. Lesaor Lillli.tioa of U.bilitf.! (a) NOCONSEOUENTlAI" DAMAGES. NOTWITHSTANDING ANY PROVISION IN THE CONTRACT TO THE CONTRARY, LESSOR SHALL IN NO EVENT BE LIABLE FOR ANY JNorRECT, INCrDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCl.UDING BUT NOT LIMITED TO, LOST PROFITS AND lOSS OF USE IN CONNECTION WnH OR ARISING OUT OF THE LISE, OPERA IrON OR BREAKDOWN Of THE VEHICLE. (b} Mubnical Proble~ _. You and'or User are responsible for promptly reponing any and all Vehicle problems, including but not limited 10 leaks. and claims for reimbunw:ment to Lessor. Mechanical faHure mUSI be promptly Rev. 11.15/05 Page 4 of 5 (Towable) reported to Lessor at (800) 626-7800, ext. 4223. All claims for reimbursement mU$l be approved by Lessor prior to work being performed. AU reimbursemem claims must be supported by paid receipts and replaced parts where applicable. You must promptly pay for any repair caused by your misuse or abuse. 7, ..........doII.,,- Hold HI.... You agree to indemnify Lessor against an}' claim caused by your breach consistent with the limitations in Fla. Stat Section 168.28. 8. W.l'Yer 01 Jury TrUlL I agree that any and all actions of any kind relating to the Vehicle or this Contrect will be dec:ided by a circuit court judge rather than ajury, 9. "'D.... Law. Veaue ad 1'.., This Contract and all negotiations and discussions between You and Lessor are governed by Florida law. 10, Severability. Lessor and Lesset agree [hat if any paragraphs or provision of this Contract is for any reason unenforceable. the rest of the CQntnu:t will be valid, II. Substitutiou. Lessor will make every effort to provide Lessee with rile model requested. Lessor reserves the right to substitute models of similar or higher grade, Should a mooel of lower grade be offered and accepted. liability will be limited to refund of price differential between model paid for and. model taken, 12, Dot...... Use Generator. If Lessee chooses to use a generator, an extra charge will accrue at $3.00 per hour as detennin.ed by an installed running time meter. 13. rJSIa Pets are welcome at lazydays. Lessee agrees to clean up after their pet and return unit in same condition as received, or be subject to a cleaning fee of $250.00, 14. ~ An}' notice by Lessee to Lazydays, including but not limited to requests for service work or requests for tease extensions or requests for lazydays to pick up the Vehicle, must be made in writing to Lazydays via Certified U.S. Mail. Notices must be sent to the attention of Lazydays' Leasing Department. Lessee must provide Lazydays at least 30 days' notice to pick up the Vehicle. I AGREE TO ALL OF THE TERMS AND OBLIGATIONS SET FORTH TN THE PRECEDING PAGES. LE~~ >n ~SSEt: ---;~ Sign Name L=:> ~..".~ ".4- Print Name Sign Name 1 Sign Name Dixie M. Spehar~ ~.lQL_ Print Name Print Name .. . <)!.L~.~ November 16, 2005 <"-~"""~"'^"-'-"----",,--,-,~,,-,,~, ..-.-..----.--- Date Date 11.1,. Date ~, t- rr~--&..- OEPU CLERK 0... Rev. 11/15'05 Page 5 of5 (Towable)