Okaloosa County BOCC — September 3, 2013 — C03-0927-GM — reading text

and/or equipment will be implemented by lessee, unless written authorization is received from the County. 2. To obtain written consent of the County for any alterations or modifications to the equipment. If approved, such changes shall upon the termination of this agreement, remain the property of the County. - 8 -  3. To precisely follow the County's guidelines for affixing or painting any designs, or marking signs on the leased vehicles. Political advertisements shall not appear on leased equipment. Commercial advertisements shall not appear on leased equipment without prior approval from the County. Public service posters or announcements may be placed in pre-existing advertising racks, if any. 4. Not to use the equipment in violation of federal, state, or local statute, law, regulation, ruling order or ordinance. 5. To hold the County harmless for all fines, forfeitures or penalties for traffic violations or other violations incurred in connection with the operation of this equipment. 6. To cause each vehicle to be operated only by a fully qualified, competent, licensed driver. OCT shall require each driver to have a good driving record and to operate with all due care and diligence to prevent injuries, loss and damage of any nature. K. OCT shall protect the equipment from theft and other hazards. L. OCT shall be responsible for damages and loss to equipment in the event of disaster, fire, theft, flood, riots, strikes, conversion, collision or other partial or total destruction except to the extent the County may be reimbursed by payment of insurance proceeds. M. OCT shall notify the County of any theft, fire, improper performance, damage, accidents, or collisions in which the equipment has been involved exceeding $500. OCT shall supply a copy of any report required to be filed with any administrative body or governmental unit within three (3) days. In the event of failure to so notify the County, OCT will be responsible for any loss to the County as a result of such failure. N. 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 said equipment, and to notify the County promptly of any papers, notices or documents served upon the lessee, its agents servants, or employees, arising out of the operation of said equipment. O. OCT shall take no steps which would affect the County's claim for damages, if any, without written consent of County. P. OCT shall submit order requests and detailed specifications to the Growth Management Department for all vehicles and equipment. Q. It is the responsibility of OCT to inspect all vehicle(s), equipment and parts at the time of delivery. The County agrees to ensure all such vehicle(s) and equipment are operating properly and are in good condition at the time of delivery and to correct any deficiencies noted at that time by OCT, with the exception that the County has the right to remove any vehicle(s) or equipment - 9 -  from this agreement which, in the opinion of the County, has incurred damages or requires repairs that are too costly to warrant such repair. Once OCT has accepted delivery of the vehicle(s) and equipment, OCT assumes full responsibility for all maintenance and repairs to same for the duration of the agreement. R. In the event of expiration or cancellation of this agreement, lessee agrees to proceed as follows: 1. Provide storage space for all leased vehicle(s), equipment and parts, if applicable, until lessor is prepared to transport to the next destination. 2. To be responsible for the cost of repairing, replacing, or restoring any of said vehicle(s), equipment or parts, in substandard condition. 3. To ensure that tread remaining on the tires of the vehicle(s) 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 tires not meeting said standards. 4. Any vehicle not in the same or better condition, reasonable wear and tear accepted, at the time of expiration or cancellation of this agreement as when the vehicles were delivered to the lessee will be considered as in substandard condition. S. OCT shall promptly notify the Growth Management Department of the intent to return leased vehicles for auction. Federally funded vehicles planned for disposition shall meet the Service Life Policy as outlined in FTA Circular 9300.1A, Page ill-8. T. The County shall return net auction proceeds of public transit vehicles to OCT for support of public transportation services. U. The County shall return revenues received by the County for approved commercial advertisements on leased equipment to OCT for the benefit of the System; VI. Insurance A. Liability coverage in an amount of $100,000 for the death or injury of one person, $300,000 in the event of death or injury of two or more persons in a single accident, including liability to any employees engaged in operation of the vehicle(s), and $50,000 for property damage. Comprehensive and collision coverage will be obtained for the full value of each vehicle, less normal deductible which shall be borne by the lessee. Current value of equipment leased under this agreement is as specified in Exhibit A. Okaloosa County reserves the right during the term of this contract to request actual certified copies of insurance contracts to support any Certificates of Insurance. At any time that the insurance coverage is unacceptable to Okaloosa County, the Okaloosa County Board of County Commissioners reserves the right to terminate this contractual agreement. - 10 - B. Coverage shall be written by an insurer licensed to do business in the State of Florida. All liability and physical damage coverage (comprehensive/collision) shall list Okaloosa County, the owner/lessor, as an Additional Insured. All policies shall be written so that Okaloosa County is notified of cancellation or restrictive amendments at least thirty (30) days prior to the effective date of such cancellation or amendment. Any notice shall be mailed directly to Okaloosa County Purchasing Department, 602 North Pearl Street, Crestview, FL 32536. C. To the fullest extent permitted by law, OCT shall indemnify and hold harmless the County, its officers, and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness or intentional wrongful conduct of OCT and other persons employed or utilized by OCT in the performance of the Agreement. The provisions of this section shall survive the expiration or earlier termination of this Agreement. D. Workers Compensation Insurance: 1. OCT shall secure and maintain during the life of this agreement, Workers Compensation insurance for all employees employed including supervision, administration and management personnel. If any work is sublet with the approval of Okaloosa County, OCT shall require the Subcontractor to provide Workers Compensation insurance for all employees and such evidence of insurance shall be furnished to Okaloosa County not less than ten days prior to the commencement of any and all sub-contractual agreements. Such insurance shall comply with the Florida Workers Compensation Law. 2. The Workers Compensation insurance shall be written with statutory limits of liability. In addition, the coverage shall include Employers Liability coverage with minimum liability limits of $1,000,000 per accident or disease. 3. Coverage shall include a waiver of subrogation clause in favor of Okaloosa County. Also, this endorsement must be indicated on the Certificate of Insurance. E. Notice of Claims or Litigation OCT shall report any incident or claim that results from performance of this Agreement to Okaloosa County. Within ten days of OCT's knowledge, Okaloosa County shall receive written notice describing the incident or claim. In the event such incident or claim involves injury or property damage to a third party, verbal notification shall be given the same day OCT becomes aware of the incident or claim. A detailed written report is to be made within ten days. - 11 - v. Monitoring and Audits The administration of funds awarded by Okaloosa County to OCT may be subject to audits and/or monitoring by Okaloosa County, as described in this section. A. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Florida Single Audit, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by the recipient's staff, limited scope audits as defined by OMB Circular A-133, as revised and/or other procedures. By entering into this agreement, the subrecipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the recipient. In the event the recipient determines that a limited scope audit of the subrecipient is appropriate, the subrecipient agrees to comply with any additional instructions provided by the recipient to the subrecipient regarding such audit. The subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. B. AUDITS PART I: STATEFUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1. In the event that the subrecipient expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97,Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, an Chapter 10.600, Rules of the Auditor General. EXIDBIT 1 to this agreement indicates State funds awarded through the recipient by this agreement. In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the recipient, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the subrecipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of the