Okaloosa County BOCC — September 16, 2014 — System Studies and Simulation Agreement with Certificates of Insurance — reading text

OPERATING AGREEMENT FOR COMMERCIAL BUSINESS ACTIVITIES BETWEEN BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA AND SYSTEM STUDIES & SIMULATION, INC. (THROUGH SUBLEASE BETWEEN AERO FX, INC., d.b.a. EMERALD COAST AVIATION AND SYSTEM STUDIES & SIMULATION AT BOB SIKES AIRPORT) This OPERATING AGREEMENT FOR COMMERCIAL BUSINESS ACTIVITIES fully executed this 18" of June, 2014, by and between OKALOOSA COUNTY, a political subdivision of the State of Florida, acting by and through its BOARD OF COUNTY COMMISSIONERS (hereinafter called “COUNTY”) and SYSTEM STUDIES & SIMULATION, INC. (hereinafter referred to as “OPERATOR”). WHEREWAS, Aero FX, Inc., dba Emerald Coast Aviation has entered into a sublease with OPERATOR to conduct studies, simulations and military pilots flight training in the PC12 single engine aircraft at Bob Sikes Airport, and WHEREAS, COUNTY hereby approves the sublease and the conduct of stated business, NOW THEREFORE: 1, OPERATOR ‘is permitted to conduct business activities from February 1, 2014 to January 31, 2015. This OPERATING AGREEMENT shall be renewed in accordance with Sub Lease Agreement provisions between AERO FX, dba Emerald Coast Aviation and System Studies & Simulation. OPERATOR may conduct commercial business activities at Bob Sikes Airport. 2. OPERATOR shall Hold Harmless, to the fullest extent permitted by law, OPERATOR shall indemnify and hold harmless the COUNTY, its officers and employees from any claims, liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by negligence, recklessness, or intentional, wrongful conduct of OPERATOR and other persons employed or utilized by OPERATOR in the performance of this OPERATING AGREEMENT. 3, OPERATOR shall not commence any work in connection with this Agreement until it has obtained all required insurance and such insurance has been approved by the Okaloosa County Risk Management Officer. OPERATOR shall during the entire term or any extension of this Lease Agreement maintain a current Certificate of Insurance reflecting Public Liability and Aircraft Liability in an amount not less than Five Million ($5,000,000.00) dollars. Business Auto in an amount not less than One Million dollars. Workers Compensation, minimum limits shall be, part one: State “Statutory” and part two: Employer’s Liability One Million accident. All policies shall name Okaloosa County as an Additional Insured throughout the period of said operations. Insurance company shall notify the COUNTY of any cancellations or restrictive amendments to such insurance policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Such notice shall be provided directly to the certificate holder. Prior to approval of this Lease and annually upon renewal OPERATOR will furnish COUNTY a certificate of insurance evidencing all required insurance. The Certificate of Insurance shall be delivered to Okaloosa County, 602 — C North Pearl Street, Crestview, FL 32536 and a copy to the Northwest Florida Regional Airport. . OPERATOR shall comply with all Airport rules and regulations and all applicable federal, state, and local laws, rules and regulations. . OPERATOR shail pay to COUNTY an annual operating fee in an amount set by resolution adopted by the Board of County Commissioners. . OPERATOR shall submit payment to the office of the Airports Director at the address Northwest Florida Regional Airport, 1701 State Road 85 North, Eglin Air Force Base, Florida, 32542-1498, upon receipt of invoice. . OPERATOR shail at its sole expense maintain the structural integrity of all temporary operational interior fence boundaries for the purpose of security, safety, and operational containment. . OPERATOR or OKALOOSA COUNTY may terminate this Agreement at any time upon thirty (30) days prior written notice. . OPERATOR shall be subject to the terms, covenants, conditions, and agreements to be kept, performed and observed by OPERATOR as stipulated in the original lease agreement between the County and Emerald Coast Aviation, as subsequently amended. 10. It is emphasized that nothing contained herein shall be construed as permission by Okaloosa County to conduct any commercial activity or venture in competition with other on airport operators. (The remainder of this page intentionally left blank) IN WITNESS, the parties hereto have executed these presents as of the day and year first written above. faNICE F. SMITH CEO SYSTEM STUDIES AND SIMULATION, INC. PRINTD NAME Tath_/ TNESS (SIGNATURE) A O he IS PRINT NAME BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA CHARLES K. WINDES, JR CHAIRMAN ATTESTS: GARY J. STANFORD DEPUTY CLERK OF. CIRCUIT COURT OKALOOSA COUNTY, FLORIDA ACKNOWLEDGMENTS STATE OF FEORIDA (\\ COUNTY OF OKALOOSA Before me, the undersigned officer duly authorized to take acknowledgments in the COUNTY and STATE aforesaid, personally appeared JANICE F. SMITH who, under oath, deposes and says that SHE is a duly authorized representative of SYSTEM STUDIES AND SIMULATION, INC., to execute contracts and lease agreements and that SHE executed the foregoing instrument for the uses and purposes contained therein. SWORN and SUBSCRIBED before this QY day of Sty 2014. My Commission expires: VaN Vo Wa y\ \ 08-25-14P02:00 RCVD STARR AVIATION A Member Gompany of G.V. Starr & Co., Ine. 3353 Peachtree Road NE, Suite 1000 Atlanta, GA 30326 Certificate of Insurance Certificate Holder: OKALOOSA COUNTY, FLORIDA & THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY. 602 C NORTH PEARL STREET CRESTVIEW , FL 32536 Named Insured: SYSTEM STUDIES & SIMULATION, INC. 615 DISCOVERY DRIVE HUNTSVILLE, AL 35806 Policy Period: From APRIL 5, 2014 To APRIL 5, 2015 Policy Number: SASICOM60066414-01 Issuing Company: STARR INDEMNITY & LIABILITY COMPANY This is to certify that the policy(ies) listed herein have been issued providing ied ko for the listed insured as further described. This certificate of insurance is not an insurance policy and does not amend, extend, or alter the coverage afforded by the policyiles) listed herein. Notwithstanding any requirement, term or condition of ay contract, or other document with respect to which this certificate of insurance may be concerned or may pertain, the Insurance afforded by the policy(ies) listed on this certificate is subject to all the terms, exclusions, and conditions of such policy(ies). Aircraft: Reg Deductibles Year Make and Model No Insured Value NIM / IM Liability Limit * NON-OWNED * * kil 10,000/10,000 $10,000,000. CSL INCLUDING PAX $ $ $ $ F $ $ - $ $ a $ $ COVERAGE INCLUDES NON-OWNED AIRCRAFT LIABILITY WITH A LIMIT OF $10,000,000 CSL INCLUDING PASSENGERS EACH OCCURRENCE AND NON OWNED PHYSICAL DAMAGE LIABILITY FOR THE NAMED INSURED'S USE OF *2008 PILATUS PC/12 NG REGISTRATION: *N990AG WHILE UNDER DRY LEASE FROM TEMPUS JET CENTERS Il LLC. THE **NON OWNED PHYSICAL DAMAGE LIMIT IS **$6,683,000 EACH’ OCCURRENCE SUBJECT TO A DEDUCTIBLE OF $10,000 EACH OCCURRENCE. = THE CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED AS RESPECTS THE OPERATIONS OF THE NAMED INSURED. THE CERTIFICATE HOLDER WILL BE PROVIDED WITH THIRTY (30) DAYS NOTICE OF CANCELLATION OR MATERIAL CHANGE. THE INSURANCE EVIDENCED BY THIS CERTIFICATE SHALL NOT APPLY TO, AND NO PERSON OR ORGANIZATION TO WHICH COVERAGE IS EVIDENCED IN THE CERTIFICATE SHALL BE INSURED FOR BODILY INJURY OR PROPERTY DAMAGE WHICH ARISES FROM THE DESIGN, MANUFACTURE, MODIFICATION, REPAIR, SALE, OR SERVICING OF AIRCRAFT BY THE CERTIFICATE HOLDER. Certificate Number: 13.1 Issued By and Date: JUNE 16, 2014 (SBC) MI . By <. Starr 10200 (6/06) v (Authorized Representative) STARR AVIATION A Meinber Company of C.M, Starr & Ca., Inc. 3353 Peachtree Road NE, Suite 1000 Atlanta, GA 30326 Certificate of Insurance Certificate Holder: OKALOOSA COUNTY, FLORIDA AND THE BOARD OF COUNTY COMMISSIONERS 602 C NORTH PEARL STREET CRESTVIW, FL_ 32536 Named Insured: SYSTEM STUDIES & SIMULATION, INC. 615 DISCOVERY DRIVE HUNTSVILLE, AL_ 35806 Policy Period: From APRIL 5, 2014 To APRIL 5, 2015 Policy Number: SASICOM60066514-01 Issuing Company: STARR INDEMNITY & LIABILITY COMPANY This is to certify that the policy(ies) listed herein have been issued providing coverage for the listed insured as further described. This certificate of insurance is not an insurance policy and does not amend, extend, or alter the coverage afforded by the policy(ies) listed herein. Notwithstanding any requirement, term or condition of ary cont acs or other document with respect to which this certificate of insurance may be concerned or Hiey omens the Insurance afforded by the policy(ies) listed on this certificate is subject to all the terms, exclusions, and conditions of such policy(ies). Aviation Commercial General Liability Limits of Insurance Each Occurrence Limit $ 10,000,000. Damage to Premises Rented to You Limit $ 50,000. Any one premises Medical Expense Limit $ 10,000. Any one person Personal & Advertising Injury Aggregate Limit $ 10,000,000. General Aggregate Limit $ NOT APPLICABLE Products/Completed Operations Aggregate Limit $ 10,000,000. Hangarkeepers Limit Each Aircraft Limit § NOT COVERED Each Loss Limit $ NOT COVERED Hangarkeeper's Deductible $ NOT APPLICABLE Each Aircraft THE CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED AS RESPECTS THE OPERATIONS OF THE NAMED INSURED. COVERAGE INCLUDES LIABILITY FOR THE OPERATIONS OF AUTOS AND MOBILE EQUIPMENT WHILE ON AIRPORT PREMISES. THE CERTIFICATE HOLDER WILL BE PROVIDED WITH THIRTY (30) DAYS NOTICE OF CANCELLATION OR MATERIAL CHANGE. THE INSURANCE EVIDENCED BY THIS CERTIFICATE SHALL NOT APPLY TO, AND NO PERSON OR ORGANIZATION TO WHICH COVERAGE IS EVIDENCED IN THE CERTIFICATE SHALL BE INSURED FOR BODILY INJURY OR PROPERTY DAMAGE WHICH ARISES FROM THE DESIGN, MANUFACTURE, MODIFICATION, REPAIR, SALE, OR SERVICING OF AIRCRAFT BY THE CERTIFICATE HOLDER. Certificate Number: 8.1 Issued By and Date: JUNE 16, 2014 (SBC) UG By <= Starr 10058 (6/06) Y (Authorized Representative) Horaud by Kunst UK ~~