Prepared by: Procurement Department
Hillsborough County Aviation Authority
P.O. Box 22287
Tampa, Florida 33622
Hillsborough County Aviation Authority
LEASING OF DIESEL BUSES
COMPANY:
Creative Bus Sales
Term Date: February 3, 2022 through four (4) years from Delivery Date of 7th Bus
Board Date: February 3, 2022
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TABLE OF CONTENTS
ARTICLE 1 CONTRACT 4
ARTICLE 2 SCOPE OF SERVICES 6
ARTICLE 3 TERM 9
ARTICLE 4 FEES AND PAYMENTS 10
ARTICLE 5 TAXES 11
ARTICLE 6 OWNERSHIP OF DOCUMENTS 11
ARTICLE 7 QUALITY ASSURANCE 11
ARTICLE 8 NON-EXCLUSIVE 12
ARTICLE 9 DEFAULT AND TERMINATION 12
ARTICLE 10 INDEMNIFICATION 14
ARTICLE 11 ACCOUNTING RECORDS AND AUDIT REQUIREMENTS 17
ARTICLE 12 INSURANCE 18
ARTICLE 13 NON-DISCRIMINATION 21
ARTICLE 14 AUTHORITY APPROVALS 24
ARTICLE 15 DATA SECURITY 24
ARTICLE 16 DISPUTE RESOLUTION 24
ARTICLE 17 NON-EXCLUSIVE RIGHTS 27
ARTICLE 18 WAIVER OF CLAIMS 27
ARTICLE 19 COMPLIANCE WITH LAWS, REGULATIONS, ORDINANCES, RULES 27
ARTICLE 20 COMPLIANCE WITH CHAPTER 119, FLORIDA STATUTES PUBLIC RECORDS LAW 28
ARTICLE 21 CONTRACT MADE IN FLORIDA 28
ARTICLE 22 NOTICES AND COMMUNICATIONS 29
ARTICLE 23 SUBORDINATION OF AGREEMENT 29
ARTICLE 24 SUBORDINATION TO TRUST AGREEMENTS 30
ARTICLE 25 ASSIGNMENT AND SUBCONTRACTING / SUBLEASING 30
ARTICLE 26 SECURITY BADGING 30
ARTICLE 27 VENUE 31
ARTICLE 28 PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES 31
ARTICLE 29 RELATIONSHIP OF THE PARTIES 32
ARTICLE 30 RIGHT TO AMEND 32
ARTICLE 31 TIME IS OF THE ESSENCE 32
ARTICLE 32 AMERICANS WITH DISABILITIES ACT 32
ARTICLE 33 FAA APPROVAL 33
ARTICLE 34 AGENT FOR SERVICE OF PROCESS 33
ARTICLE 35 INVALIDITY OF CLAUSES 33
ARTICLE 36 SEVERABILITY 33
ARTICLE 37 HEADINGS 34
ARTICLE 38 COMPLETE CONTRACT 34
ARTICLE 39 MISCELLANEOUS 34
ARTICLE 40 ORGANIZATION AND AUTHORITY TO ENTER INTO CONTRACT 34
Hillsborough County Aviation Authority
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HILLSBOROUGH COUNTY AVIATION AUTHORITY
Leasing of Diesel Buses
This Contract for Leasing of Diesel Buses (Contract) is made and entered into this 3rd day
of February 2022 between the Hillsborough County Aviation Authority, an independent special
district under the laws of the State of Florida whose post office address is Post Office Box 22287,
Tampa, Florida 33622 (Authority), and Creative Bus Sales, a California company, authorized to do
business in the State of Florida, (Company) (collectively hereinafter referred to as the Parties).
For and in consideration of the mutual covenants hereof, the Parties do hereby agree as follows:
ARTICLE 1
CONTRACT
1.01 Definitions
The following terms will have the meanings as set forth below:
A. Accounts Payable: The unit within Authority Finance Department that deals with
accounts payable.
B. Airport: Tampa International Airport.
C. Authority Business Days: 8:00 a.m. to 5:00 p.m., Eastern Time Zone, Monday
through Friday, with the exception of Authority holidays.
D. Authorized Agent: Firm or individual selected by the Authority to act on its behalf,
including but not limited to third-party suppliers directly or indirectly required by
Authority to carry out activities on its behalf, in association with this Contract.
E. Board: The Hillsborough County Aviation Authority Board of Directors.
F. Buses: Diesel buses leased by Authority in accordance with this Contract and the
Contract Documents.
G. CEO: The Hillsborough County Aviation Authority Chief Executive Officer.
H. Company Representative: Company representative responsible for coordinating and
overseeing Company to include, but not be limited to, monitoring, interpreting and
overseeing the Services with regard to the quality performed, the manner of
performance, and Authority and customer satisfaction with performance levels.
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I. Contract Documents: The following documents are a part of this Contract and are
hereby incorporated by reference: the terms and conditions as contained in this
Contract; Invitation to Negotiate (ITN) for Leasing of Diesel Buses (rebid), dated May
25, 2021 and all its addenda; Company’s Response to ITN for Leasing of Diesel Buses
(rebid); any subsequent information submitted by Company during the negotiation
process; Manufacturer’s Warranties; and Lease Agreement.
J. Dealer: A company in the business of coordinating the buying, selling, exchanging or
leasing of motor vehicles by a person or entity and a credit provider or provider of
other financial services.
K. Delivery Date: Date(s) which Buses are delivered by the Company to the Authority.
Company will deliver the first five (5) Buses by April 30, 2022 and the final two (2)
Buses by July 30, 2022.
L. Director of Commercial Parking and Ground Transportation: Authority contact
person responsible for notifying Company regarding required Services and
Company’s primary contact for all Services under this Contract.
M. FAA: The U.S. Department of Transportation Federal Aviation Administration or any
successor thereto.
N. Financial Institution: Entity providing the financing and lease, as well as providing
Exhibit A, Leasing Agreement to be executed by the Financial Institution and the
Authority, for the Buses provided by Company for the Term of this Contract.
O. Lease Agreement: Contractual agreement between Authority and Financial
Institution for the lease of Buses in accordance with the terms of this Contract.
P. Manufacturer’s Warranties: The terms and conditions under which repairs or
exchanges will be made if the Buses do not function as originally described or
intended in the Lease Agreement.
Q. Rent Commencement Date: The date which payments begin on the Lease
Agreement.
R. Schedule of Maintenance: Any repair or upkeep that is given a deadline and
assigned to a technician. It can be a recurring task done at regular intervals or a one-
time task. It details when given maintenance tasks are performed and by whom.
Includes inspections, adjustments, and regular service.
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S. Scope of Services: The delivery, preventative maintenance, and repair of the Buses
throughout the Term of the Contract by the recommended service provider as set
forth in Exhibit C, Schedule of Maintenance.
T. Term: Four years from the Delivery Date of the 7
th
Bus.
U. TSA: The U.S. Department of Homeland Security Transportation Security
Administration or any successor thereto.
1.02 Exhibits
The following Exhibits are attached hereto and are hereby incorporated and made a part
of this Contract. Based on the needs of Authority, the Exhibits may be modified from time
to time by letter to Company from the Director of Commercial Parking and Ground
Transportation without formal amendment to this Contract.
A. Exhibit A, Leasing Agreement
B. Exhibit B, Manufacturer’s Warranties
C. Exhibit C, Schedule of Maintenance
D. Exhibit D, Scrutinized Company Certification
ARTICLE 2
SCOPE OF SERVICES
2.01 Company agrees to provide the leased Buses as described below to the Authority
throughout the Term of this Contract.
A. Buses
1. New, not used
2. Number of Buses - 7
3. Bus Manufacturer - Starcraft
4. Bus Model – Allstar XL
5. Mileage – Per Lease agreement with Wells Fargo
6. Bus features
a. Length of bus – 37’
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b. Seating capacity - 34
c. Total capacity with standing positons - 36
d. Two (2) Americans with Disabilities Act (ADA) position.
e. One (1), sixty (60) inch luggage rack
f. Door located in front of bus
g. Conform to applicable standards for transportation vehicles approved by the
Florida Department of Transportation for the Term of this Contract.
7. Front and rear air conditioning and heating.
8. Equipped with two-way radios capable of operating on the Authority’s 450 MHz,
NXDN Digital trunked radio system. Use of the radio system must comply with
Federal Communications Commission (FCC) regulations and is strictly intended for
the requirements of this Contract. The Authority shall retain ownership of the FCC
license and tower for such two-way radios.
9. Equipped with intercom systems with hands free use for drivers to communicate
with passengers.
10. Able to be equipped with a GPS tracking system by Authority post-delivery as a
safety measure. Installation of a GPS tracking system by Authority will not affect
Manufacturer’s Warranties.
11. Placement of Airport logo on the leased Buses by the Company, as provided by
Authority.
B. Delivery and Inspection
1. Deliver Buses, in such quantities as stated above, to Authority at the Airport
property by the Delivery Date.
2. Costs of delivery to be included in the total cost set forth in the Lease
Agreement.
3. Upon delivery, the Buses and their components may be examined by Authority
and/or its Authorized Agents for the sole purpose of identifying types and
verifying quantities. Such examination shall not constitute inspection or
acceptance and shall not limit the rights of the Authority under any other
provisions of this Contract.
4. Inspection
a. In the event any of the Buses or their components are defective in material or
workmanship or otherwise not in conformity with the requirements of
this Contract, the Authority shall have the right to require their correction.
The Company will provide a temporary replacement bus if a manufacturing
warranty issue cannot be resolved within 30 days of notification.
b. If any inspection or test is made by the Authority or its Authorized Agents on
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the premises of the Company or a subcontractor of the Company, the
Company, without any additional charges to the Authority, shall provide all
reasonable facilities and assistance for the safety and convenience of the
Authority's inspectors in the performance of their duties. If the Authority's
inspection or test is made at a location other than the premises of the
Company or a subcontractor of Company, such inspection or test shall be at
the expense of the Authority, except as otherwise provided in this Contract;
provided, that in case of rejection, the Authority shall not be liable for any
reduction in value of samples used in connection with such inspection or test.
All inspections and tests by the Authority shall be performed in such a
manner as not to unduly delay the services required by this Contract.
c. The inspection and testing by the Authority of any Buses or their components
does not relieve the Company from any responsibility regarding defects or
other failures to meet the Contract requirements which may be discovered
prior to acceptance. Except as otherwise provided in this Contract, acceptance
shall be conclusive except for latent defects, fraud, or such gross mistakes as
amount to fraud.
d. Risk of Loss or Damage. Except as otherwise provided in this Contract, the
Company shall be responsible for the Buses or their components covered by
this Contract until they are delivered at the designated delivery point,
regardless of the point of inspection. After delivery to the Authority at the
designated point and prior to acceptance by the Authority or rejection and
giving notice thereof by the Authority, the Authority shall be responsible for
the loss, destruction of, or damage to the Buses or their components only if
such loss, destruction, or damage results from the negligence of officers,
agents, or employees of the Authority acting within the scope of their
employment. The Company shall bear all risks as to rejected Buses or their
components after notice of rejection, except that the Authority shall be
responsible for the loss, destruction of, or damage to the Buses only if such
loss, destruction, or damage results from the gross negligence of officers,
agents, or employees of the Authority acting within the scope of their
employment.
2.02 Authority’s Contact Person
Authority’s Director of Commercial Parking and Ground Transportation or designee will
be responsible for notifying Company regarding required Services and will be Company’s
primary contact for all Services under this Contract.
2.03 Company’s Representative
Company has designated Les Burres as the primary contact for all Services under this
Contract.
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2.04 Financial Institution
The Financial Institution is Wells Fargo.
2.05 Financial Institution Contact Person
Financial Institution has designated Diane L. Kaiser as the primary contact for all Leasing
Agreement inquiries.
ARTICLE 3
TERM
3.01 Effective Date
This Contract will become effective upon approval by the Board. This Contract may be
executed in one or more counterparts, each of which will be deemed an original and all
of which will be taken together and deemed to be one instrument.
3.02 Term of Contract
The Term of this Contract commences on February 3, 2022 and will terminate four (4)
years from the Delivery Date of the 7
th
Bus, unless terminated earlier as provided herein.
3.03 Term of Lease Agreement
The Term of the Lease Agreement shall begin on the Rent Commencement Date (as
defined in the Lease Agreement) and shall continue for the Initial Term (as defined in the
Lease Agreement) unless earlier terminated by Lessor (as defined in the Lease
Agreement). The Rent Commencement Date is the Acceptance Date (as defined in the
Lease Agreement).
3.04 Commencement of Fees and Charges
All fees and charges hereunder will commence in accordance with Exhibit A, Lease
Agreement.
3.05 Commencement of Services
Company will begin providing Services on the Delivery Date of the 1
st
Bus to the Authority
and will continue through four (4) years from the Delivery Date of the 7
th
Bus.
3.06 Early Termination
The Authority may terminate this Contract, without cause, by giving thirty (30) days
written notice to Company. However, Company may not cancel this Contract, without
Authority approval.
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ARTICLE 4
FEES AND PAYMENTS
4.01 Payment
A. Payments
1. Not-To-Exceed
The total amount payable under this Contract will be subject to the amount approved
by the Board. Authority will provide written notice to Company of the amount
approved and any revised amount thereafter.
2. Company will receive payment from Financial Institution based on the signed
Lease Agreement that includes the project costs and payment schedule.
4.02 Payment When Services Are Terminated at the Convenience of Authority
In the event of termination of this Contract for the convenience of Authority, Authority
will compensate Company as listed below; however, in no event shall Company be
entitled to any damages or remedies for wrongful termination.
A. All Services performed prior to the effective date of termination; and
B. Expenses incurred by Company in effecting the termination of this Contract as
approved in advance by Authority.
4.03 Invoices
Any invoices required by this Contract will be created and submitted by Company to
Authority Finance Department via Oracle iSupplier® Portal Full Access in a form
acceptable to Authority and will include at a minimum the invoice date, invoice
amount, dates of Services, and purchase order number.
4.04 Payment Method
Company will receive electronic payments via Automated Clearing House (ACH) – VIP
Supplier, ACH – Standard, ePayables, or Purchasing Card (PCard). Information
regarding the electronic payment methods and processes including net terms is
available on Authority website at www.TampaAirport.com > Learn about TPA >
Airport Business > Procurement > More Information – Electronic Payment Methods.
Authority reserves the right to modify the electronic payment methods and processes
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at any time. Company may change its selected electronic payment method during the
Term of this Contract in coordination with Accounts Payable.
4.05 Prompt Payment
Company must pay any of its subcontractor(s) who have submitted verified invoices
for work already performed within ten (10) calendar days of being paid by Authority.
Any exception to this prompt payment provision will only be for good cause with prior
written approval of Authority. Failure of Company to pay any of its subcontractor(s)
accordingly will be a material breach of this Contract.
ARTICLE 5
TAXES
All taxes of any kind and character payable on account of the Services furnished and work done
under this Contract will be paid by Company. The laws of the State of Florida provide that sales tax
and use taxes are payable by Company upon the tangible personal property incorporated in the
work and such taxes will be paid by Company. Authority is exempt from all State and Federal sales,
use and transportation taxes.
ARTICLE 6
OWNERSHIP OF DOCUMENTS
All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data
processing software, or other material, regardless of the physical form or characteristics made
by Company or its employees incident to, or in the course of, Services to Authority, will be and
remain the property of Authority.
ARTICLE 7
QUALITY ASSURANCE
Company will be solely responsible for the quality of all Services furnished by Company, its
employees and/or its subcontractors under this Contract. All Services furnished by Company, its
employees and/or its subcontractors must be performed in accordance with best management
practices and best professional judgment, in a timely manner, and must be fit and suitable for
the purposes intended by Authority. Company's Services and deliverables must conform with all
applicable Federal and State laws, regulations and ordinances.
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ARTICLE 8
NON-EXCLUSIVE
Company acknowledges that Authority has, or may hire, others to perform Services similar to or
the same as that which is within Company's Scope of Services under this Contract. Company
further acknowledges that this Contract is not a guarantee of the assignment of any work and
that the assignment of work to others is solely within Authority discretion.
ARTICLE 9
DEFAULT AND TERMINATION
9.01 Events of Default
Company will be deemed to be in default of this Contract upon the occurrence of any of
the following:
A. The failure or omission by Company to perform its obligations under this Contract or
the breach of any terms, conditions and covenants required herein.
B. The conduct of any business or performance of any acts at the Airport not specifically
authorized in this Contract, failure to perform any of the provisions of this Contract,
or any other agreement between Authority and Company, and Company’s failure to
discontinue that business or those acts within ten (10) days of receipt by Company of
Authority written notice to cease said business or acts.
C. The divestiture of Company’s estate herein by operation of law, by dissolution, or by
liquidation, not including a merger or sale of assets.
D. The appointment of a Trustee, custodian, or receiver of all or a substantial portion of
Company’s assets; or the insolvency of Company; or if Company will take the benefit
of any present or future insolvency statute, will make a general assignment for the
benefit of creditors, or will seek a reorganization or the readjustment of its
indebtedness under any law or statute of the United States or of any state thereof,
including the filing by Company of a voluntary petition of bankruptcy or the institution
of proceedings against Company for the adjudication of Company as bankrupt
pursuant thereto.
E. Company’s violation of Florida Statute Section 287.133, concerning criminal activity
on contracts with public entities.
9.02 Authority Remedies
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In the event of any of the foregoing events of default enumerated in this Article, and
following ten (10) days’ notice by Authority and Company's failure to cure, Authority, at
its election, may exercise any one or more of the following options or remedies, the
exercise of any of which will not be deemed to preclude the exercise of any other remedy
herein listed or otherwise provided by statute or general law:
A. Terminate Company's rights under this Contract and, in accordance with law,
Company will remain liable for all payments or other sums due under this Contract
and for all damages suffered by Authority because of Company's breach of any of the
covenants of this Contract; or
B. Treat this Contract as remaining in existence, curing Company's default by performing
or paying the obligation which Company has breached. In such event all sums paid or
expenses incurred by Authority directly or indirectly in curing Company's default will
become immediately due and payable as well as interest thereon, from the date such
fees or charges became due to the date of payment, at twelve percent (12%) per
annum or to the maximum extent permitted by law; or
C. Declare this Contract to be terminated, ended, null and void.
No waiver by Authority at any time of any of the terms, conditions, covenants, or
agreements of this Contract, or noncompliance therewith, will be deemed or taken as a
waiver at any time thereafter of the same or any other term, condition, covenant, or
agreement herein contained, nor of the strict and prompt performance thereof by
Company. No notice by Authority will be required to restore or revive time is of the
essence hereof after waiver by Authority or default in one or more instances. No option,
right, power, remedy, or privilege of Authority will be construed as being exhausted or
discharged by the exercise thereof in one or more instances. It is agreed that each and all
of the rights, powers, options, or remedies given to Authority by this Contract are
cumulative and that the exercise of one right, power, option, or remedy by Authority will
not impair its rights to any other right, power, option, or remedy available under this
Contract or provided by law. No act or thing done by Authority or Authority agents or
employees during the Term will be deemed an acceptance of the surrender of this
Contract, and no acceptance of surrender will be valid unless in writing.
9.03 Continuing Responsibilities of Company
Notwithstanding the occurrence of any event of default, Company will remain liable to
Authority for all payments payable hereunder and for all preceding breaches of this
Contract. Furthermore, unless Authority elects to cancel this Contract, Company will
remain liable for and promptly pay any and all payments accruing hereunder until
termination of this Contract.
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9.04 Company’s Remedies
Upon thirty (30) days written notice to Authority, Company may terminate this Contract
and all of its obligations hereunder, if Company is not in default of any term, provision, or
covenant of this Contract or in the payment of any fees or charges to Authority, and only
upon or after the occurrence of the following: the inability of Company to use Airport for
a period of longer than ninety (90) consecutive days due to war, terrorism, or the issuance
of any order, rule or regulation by a competent governmental authority or court having
jurisdiction over Authority, preventing Company from operating its business for a period
of ninety (90) consecutive days, provided, however that such inability or such order, rule
or regulation is not due to any fault or negligence of Company.
In the event it is determined by a court of competent jurisdiction that Authority has
wrongfully terminated this Contract, such termination shall automatically be deemed a
termination for convenience under Article 4.02.
ARTICLE 10
INDEMNIFICATION
A. To the maximum extent permitted by Florida law, in addition to Company's obligation
to provide pay for and maintain insurance as set forth elsewhere in this Contract,
Company will indemnify and hold harmless Authority, its members, officers, agents,
employees, and volunteers from any and all liabilities, suits, claims, procedures, liens,
expenses, losses, costs, royalties, fines and damages (including but not limited to
claims for attorney's fees and court costs) caused in whole or in part by the:
1. Presence on, use or occupancy of Authority property;
2. Acts, omissions, negligence (including professional negligence and malpractice),
recklessness, intentional wrongful conduct, activities, or operations;
3. Any breach of the terms of this Contract;
4. Performance, non-performance or purported performance of this Contract;
5. Violation of any law, regulation, rule or ordinance;
6. Infringement of any patent, copyright, trademark, trade dress or trade secret
rights; and/or
7. Contamination of the soil, groundwater, surface water, storm water, air or the
environment by fuel, gas, chemicals or any other substance deemed by the
Environmental Protection Agency or other regulatory agency to be an
environmental contaminant
by the Company or Company's officers, employees, agents, volunteers,
subcontractors, invitees, or any other person directly or indirectly employed or
utilized by the Company, regardless of whether the liability, suit, suit, claim, lien,
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expense, loss, cost, fine or damages is caused in part by the Authority, its members,
officers, agents, employees or volunteers or any other indemnified party. This
indemnity obligation expressly applies, and shall be construed to include, any and all
claim(s) caused in part by the negligence, acts or omissions of the Authority, its
members, officers, agents, employees, and volunteers.
B. In addition to the duty to indemnify and hold harmless, Company will have the
separate and independent duty to defend Authority, its members, officers, agents,
employees, and volunteers from all suits, claims or actions of any nature seeking
damages, equitable or injunctive relief expenses, liens, losses, costs, royalties, fines,
attorney's fees or any other relief in the event the suit, claim, or action of any nature
arises in whole or in part from:
1. The presence on, use or occupancy of Authority property;
2. Acts, omissions, negligence (including professional negligence and malpractice),
recklessness, intentional wrongful conduct, activities, or operations;
3. Any breach of the terms of this Contract;
4. Performance, non-performance or purported performance of this Contract;
5. Violation of any law, regulation, rule or ordinance;
6. Infringement of any patent, copyright, trademark, trade dress or trade secret
rights;
7. Contamination of the soil, groundwater, surface water, stormwater, air or the
environment by fuel, gas, chemicals or any other substance deemed by the
Environmental Protection agency or other regulatory agency to be an
environmental contaminant
by the Company or Company's officers, employees, agents, volunteers,
subcontractors, invitees, or any other person directly or indirectly employed or
utilized by Company regardless of whether it is caused in part by Authority, its
members, officers, agents, employees, or volunteers. This duty to defend exists
immediately upon presentation of written notice of a suit, claim or action of any
nature to Company by a party entitled to a defense hereunder. This defense
obligation expressly applies, and shall be construed to include, any and all claim(s)
caused in part by the negligence, acts or omissions of the Authority, its members,
officers, agents, employees, and volunteers.
C. If the above indemnity or defense provisions or any part of the above indemnity or
defense provisions are limited by Fla. Stat. § 725.06(2)-(3) or Fla. Stat. § 725.08, then
with respect to the part so limited, Company agrees to the following: To the maximum
extent permitted by Florida law, Company will indemnify and hold harmless Authority,
its members, officers, agents, employees, and volunteers from any and all liabilities,
damages, losses, and costs, including, but not limited to, reasonable attorneys’ fee, to
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the extent caused by the negligence, recklessness, or intentional wrongful conduct of
Company and persons employed or utilized by Company in the performance of this
Contract.
D. If the above indemnity or defense provisions or any part of the above indemnity or
defense provisions are limited by Florida Statute § 725.06 (1) or any other applicable
law, then with respect to the part so limited the monetary limitation on the extent of
the indemnification shall be the greater of the (i) monetary value of this Contract, (ii)
coverage amount of Commercial General Liability Insurance required under this
Contract or (iii) $1,000,000.00. Otherwise, the obligations of this Article will not be
limited by the amount of any insurance required to be obtained or maintained under
this Contract.
E. Company's obligations to defend and indemnify as described in this Article will survive
the expiration or earlier termination of this Contract until it is determined by final
judgment that any suit, claim or other action against Authority, its members, officers,
agents, employees, and volunteers its fully and finally barred by the applicable statute
of limitations or repose.
F. In addition to the requirements stated above, to the extent required by FDOT Public
Transportation Grant Agreement and to the fullest extent permitted by law, the
Company shall indemnify and hold harmless the State of Florida, FDOT, including the
FDOT’s officers and employees, from liabilities, damages, losses and costs, including,
but not limited to, reasonable attorney’s fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of the Company and persons
employed or utilized by the Company in the performance of this Contract. This
indemnification in this paragraph shall survive the termination of this
Contract. Nothing contained in this paragraph is intended to nor shall it constitute a
waiver of the State of Florida’s and FDOT’s sovereign immunity.
G. Nothing in this Article will be construed as a waiver of any immunity from or limitation
of liability Authority, or its members, officers, agents, employees, and volunteers may
have under the doctrine of sovereign immunity under common law or statute.
H. Authority and its members, officers, agents, employees, and volunteers reserve the
right, at their option, to participate in the defense of any suit, without relieving
Company of any of its obligations under this Article.
I. If the above Articles A - H or any part of Articles A – H are deemed to conflict in any
way with any law, the Article or part of the Article will be considered modified by such
law to remedy the conflict.
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ARTICLE 11
ACCOUNTING RECORDS AND AUDIT REQUIREMENTS
11.01 Books and Records
In connection with payments to Company under this Contract, it is agreed Company will
maintain full and accurate books of account and records customarily used in this type of
business operation, in conformity with Generally Accepted Accounting Principles (GAAP).
Company will maintain such books and records for five years after the end of the Term of
this Contract. Records include, but are not limited to, books, documents, papers, and
records of Company directly pertinent to this Contract. Company will not destroy any
records related to this Contract without the express written permission of Authority.
11.02 Financial Reports
Company will submit all financial reports required by Authority, in the form and within
the time period required by Authority.
11.03 Authority Right to Perform Audits, Inspections, or Attestation Engagements
At any time or times during the Term of this Contract or within three years after the end
of this Contract, Authority, or its duly authorized representative, will be permitted to
initiate and perform audits, inspections or attestation engagements over Company’s
records for the purpose of determining payment eligibility under this Contract or over
selected operations performed by Company under this Contract for the purpose of
determining compliance with this Contract.
Free and unrestricted access will be granted to all of Company’s records directly pertinent
to this Contract or any work order, as well as records of parent, affiliate and subsidiary
companies and any subconsultants or subcontractors. If the records are kept at locations
other than the Airport, Company will arrange for said records to be brought to a location
convenient to Authority auditors to conduct the engagement as set forth in this Article.
Or, Company may transport Authority team to Company headquarters for purposes of
undertaking said engagement. In such event, Company will pay reasonable costs of
transportation, food and lodging for Authority team. In the event Company maintains its
accounting or Contract information in electronic format, upon request by Authority
auditors, Company will provide a download or extract of data files in a computer readable
format acceptable to Authority at no additional cost. Authority has the right during the
engagement to interview Company’s employees, subconsultants, and subcontractors,
and to make photocopies of records as needed.
Company agrees to deliver or provide access to all records requested by Authority
auditors within fourteen (14) calendar days of the request at the initiation of the
engagement and to deliver or provide access to all other records requested during the
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engagement within seven (7) calendar days of each request. The Parties recognize that
Authority will incur additional costs if records requested by Authority auditors are not
provided in a timely manner and that the amount of those costs is difficult to determine
with certainty. Consequently, the Parties agree Authority may assess liquidated damages
in the amount of one hundred dollars ($100.00) per day, for each requested record not
received. Such damages may be assessed beginning on the fifteenth (15
th
) or eighth (8
th
)
day, as applicable, following the date the request was made. Accrual of such fee will
continue until specific performance is accomplished. This liquidated damage rate is not
an exclusive remedy and Authority retains all rights, including but not limited to, its rights
to elect its remedies and pursue all legal and equitable remedies. The Parties expressly
agree that these liquidated damages are not a penalty and represent reasonable
estimates of fair compensation for the losses that reasonably may be anticipated from
Company’s failure to comply.
If as a result of any engagement, it is determined that Company has overcharged
Authority, Company will re-pay Authority for overcharge and Authority may assess
interest of up to twelve percent (12%) on the overcharge from the date the overcharge
occurred. If it is determined that Company has overcharged Authority by more than three
percent for the period under consideration, Company will also pay for the entire cost of
the engagement.
Company will include a provision providing Authority the same access to business records
at the subconsultant and subcontractor level in all of its subconsultant and subcontractor
agreements executed related to this Contract.
Company agrees to comply with Section 20.055(5), Florida Statutes, and with respect to
contracts entered by Company after the Effective Date of this Agreement and to
incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida
Statutes
ARTICLE 12
INSURANCE
12.01 Insurance
Company must maintain the following limits and coverages uninterrupted or amended
through the Term of this Contract. In the event the Company becomes in default of the
following requirements the Authority reserves the right to take whatever actions deemed
necessary to protect its interests. Required liability policies other than Workers’
Compensation/Employer’s Liability and Professional Liability will provide that the
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Authority, members of the Authority’s governing body, and the Authority’s officers,
volunteers, agents, and employees are included as additional insureds.
The minimum limits of insurance (inclusive of any amounts provided by an umbrella
or excess policy) covering the Services performed pursuant to this Contract will be
the amounts specified herein. To the extent it is used to meet the minimum limit
requirements, any Umbrella or Excess coverage shall follow form to the
Employer’s Liability, Commercial General Liability and Business Auto Liability
coverages, including all endorsements and additional insured requirements. Any
applicable Aggregate Limits in the Umbrella or Excess policy(ies) shall not be
shared or diminished by claims unrelated to this Contract.
12.02 Required Coverage – Minimum Limits
A. Commercial General Liability Insurance
The minimum limits of insurance covering the Services performed pursuant to this
Contract will be the amounts specified herein. Coverage will be provided for
liability resulting out of, or in connection with, ongoing operations performed by,
or on behalf of, the Company under this Contract or the use or occupancy of
Authority premises by, or on behalf of, the Company in connection with this
Contract. Coverage shall be provided on a form no more restrictive than ISO Form
CG 00 01. Additional insurance coverage shall be provided on a form no more
restrictive than ISO Form CG 20 10 10 01 and CG 20 37 10 01.
Contract Specific
General Aggregate
$1,000,000
Each Occurrence
$1,000,000
Personal and Advertising Injury Each Occurrence
Products and Completed Operations Aggregate
$1,000,000
$1,000,000
B. Workers’ Compensation and Employer’s Liability Insurance
The minimum limits of insurance are:
Part One (Worker’s Compensation):
“Statutory”
Part Two (Employer’s Liability):
Each Accident
$1,000,000
Disease – Policy Limit
$1,000,000
Disease – Each Employee
$1,000,000
C. Business Automobile Liability Insurance
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Coverage will be provided for all owned, hired and non-owned vehicles. Coverage
shall be provided on a form no more restrictive than ISO Form CA 00 01. The minimum
limits of insurance covering the Services performed pursuant to this Contract are:
Each Occurrence – Bodily Injury and Property
Damage combined
$1,000,000
D. Garagekeepers Liability
Such insurance shall cover damage to vehicles in the care, custody and control of
Company and be no more restrictive than that provided by Section III
(Garagekeepers Coverage) of the latest version of the standard Garage Coverage
form (ISO Form CA 00 05).
The minimum limits for Garagekeepers Comprehensive and Collision coverage shall
be:
Each Vehicle $1,000,000
Each Occurrence All Vehicles $1,000,000
E. Waiver of Subrogation
Company, for itself and on behalf of its insurers, to the full extent permitted by law
without voiding the insurance required hereunder, waives all rights against Authority
and members of Authority governing body, Authority agents, volunteers and
employees, for damages or loss to the extent covered and paid for by any insurance
maintained by the Company.
12.03 Incident Notification
The Company will promptly notify the Airport Operations Center (AOC) of all incidents
involving bodily injury or property damage occurring on Authority-owned property,
tenant owned property or third party property.
12.04 Customer Claims, Issues, or Complaints
All customer claims, issues, or complaints regarding property damage or bodily injury
related to the Company will be promptly handled, addressed and resolved by the
Company.
The Company will track all customer claims, issues, and complaints and their status on a
Claims Log available for review, as needed, by Authority Risk Management. The Claims
Log should include a detailed report of the incident along with the response and/or
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resolution. Authority Risk Management has the option to monitor all incidents, claims,
issues or complaints where the Authority could be held liable for injury or damages.
12.05 Conditions of Acceptance
The insurance maintained by Company must conform at all times with Authority Standard
Procedure S250.06, Contractual Insurance Terms and Conditions, which may be amended
from time to time and can be downloaded from Authority website at
www.TampaAirport.com > Learn about TPA > Airport Business > Procurement > Insurance
for Suppliers.
ARTICLE 13
NON-DISCRIMINATION
During the performance of this Contract, Company, for itself, its assignees and successors in interest,
agrees as follows:
13.01 Company will comply with the regulations relative to non-discrimination in federally assisted
programs of the Department of Transportation (DOT) Title 49, Code of Federal Regulations,
Part 21, as amended from time to time (hereinafter referred to as the Regulations), which
are incorporated herein by reference and made a part of this Contract.
13.02 Civil Rights. Company, with regard to the work performed by it under this Contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention
of subcontractors, including procurements of materials and leases of equipment. Company
will not participate directly or indirectly in the discrimination prohibited by the Acts and the
Regulations, including employment practices when the Contract covers any activity, project,
or program set forth in Attachment B of 49 CFR Part 21. During the performance of this
Contract, Company, for itself, its assignees, and successors in interest agrees to comply with
the following non-discrimination statutes and authorities, including but not limited
to:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin);
B. 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department
of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964);
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C. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property
has been acquired because of Federal or Federal-aid programs and projects);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR part 27;
E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of
1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of
the terms “programs or activities” to include all of the programs or activities of the
Federal-aid recipients, sub-recipients and contractors, whether such programs or
activities are Federally funded or not);
H. Titles II and III of the Americans with Disabilities Act of 1990, which prohibit
discrimination on the basis of disability in the operation of public entities, public and
private transportation systems, places of public accommodation, and certain testing
entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation
regulations at 49 CFR parts 37 and 38;
I. The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures nondiscrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations;
K. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
Title VI, Company must take reasonable steps to ensure that LEP persons have
meaningful access to Company’s programs (70 Fed. Reg. at 74087 to 74100); and
Hillsborough County Aviation Authority
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L. Title IX of the Education Amendments of 1972, as amended, which prohibits Company
from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et
seq).
13.03 In all solicitations either by competitive bidding or negotiation made by the Company for
work to be performed under a subcontract, including procurement of materials or leases of
equipment, each potential subcontractor or supplier must be notified by Company of
Company’s obligations under this Contract and the Regulations relative to nondiscrimination
on the grounds of race, color or national origin.
13.04 Company will provide all information and reports required by the Regulations or directives
issued pursuant thereto and must permit access to its books, records, accounts, other
sources of information and its facilities as may be determined by Authority or the FAA to be
pertinent to ascertain compliance with such Regulations, orders and instructions. Where any
information required of Company is in the exclusive possession of another who fails or
refuses to furnish this information, Company will so certify to Authority or the FAA, as
appropriate, and will set forth what efforts it has made to obtain the information.
13.05 In the event of Company’s non-compliance with the non-discrimination provisions of this
Contract, Authority will impose such contractual sanctions as it or the FAA may determine
to be appropriate, including, but not limited to, withholding of payments to Company under
this Contract until Company complies, and/or cancellation, termination or suspension of this
Contract, in whole or in part.
13.06 Company will include the provisions of Paragraphs 13.01 through 13.05 in every subcontract
and subconsultant contract, including procurement of materials and leases of equipment,
unless exempt by the Regulations or directives issued thereto. Company will take such action
with respect to any subcontract or procurement as Authority or the FAA may direct as a
means of enforcing such provisions, including sanctions for non-compliance. Provided,
however, that in the event Company becomes involved in or is threatened with litigation
with a subcontractor or supplier as a result of such direction, Company may request
Authority to enter into such litigation to protect the interests of Authority and, in addition,
Company may request the United States to enter into such litigation to protect the interests
of the United States.
13.07 Company assures that, in the performance of its obligations under this Contract, it will fully
comply with the requirements of 14 CFR Part 152, Subpart E (Non-Discrimination in Airport
Aid Program), as amended from time to time, to the extent applicable to Company, to
ensure, among other things, that no person will be excluded from participating in any
activities covered by such requirements on the grounds of race, creed, color, national origin,
or sex. Company, if required by such requirements, will provide assurances to Authority that
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Company will undertake an affirmative action program and will require the same of its
subconsultants.
ARTICLE 14
AUTHORITY APPROVALS
Except as otherwise specifically indicated elsewhere in this Contract, wherever in this Contract
approvals are required to be given or received by Authority, it is understood that the CEO, or
designee, is hereby empowered to act on behalf of Authority.
ARTICLE 15
DATA SECURITY
Company will establish and maintain safeguards against the destruction, loss or alteration of
Authority data or third party data that Company may gain access to or be in possession of in
providing the Services of this Contract. Company will not attempt to access, and will not allow its
personnel access to, Authority data or third party data that is not required for the performance
of the Services of this Contract by such personnel.
Company and its employees, vendors, subcontractors, and sub-consultants will adhere to and
abide by the security measures and procedures established by Authority and any terms of service
agreed to by Authority with regards to data security. In the event Company or Company’s
subcontractor (if any) discovers or is notified of a breach or potential breach of security relating
to Authority data or third party data, Company will promptly:
A. Notify Authority of such breach or potential breach; and
B. If the applicable Authority data or third party data was in the possession of Company
at the time of such breach or potential breach, Company will investigate and cure the
breach or potential breach.
ARTICLE 16
DISPUTE RESOLUTION
16.01 Claims and Disputes
A. A claim is a written demand or assertion by one of the parties seeking, as a matter of
right, an adjustment or interpretation of this Contract, payment of money, extension
of time or other relief with respect to the terms of this Contract. The term claim also
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includes other matters in question between Authority and Company arising out of or
relating to this Contract. The responsibility to substantiate claims will rest with the
party making the claim.
B. If for any reason Company deems that additional cost or Contract time is due to
Company for work not clearly provided for in this Contract, or previously authorized
changes in the work, Company will notify Authority in writing of its intention to claim
such additional cost or Contract time. Company will give Authority the opportunity to
keep strict account of actual cost and/or time associated with the claim. The failure
to give proper notice as required herein will constitute a waiver of said claim.
C. Written notice of intention to claim must be made within ten (10) days after Company
first recognizes the condition giving rise to the claim or before the work begins on
which Company bases the claim, whichever is earlier.
D. When the work on which the claim for additional cost or Contract time is based has
been completed, Company will, within ten (10) days, submit Company’s written claim
to Authority. Such claim by Company, and the fact that Authority has kept strict
account of the actual cost and/or time associated with the claim, will not in any way
be construed as proving or substantiating the validity of the claim.
E. Pending final resolution of a claim, unless otherwise agreed in writing, Company will
proceed diligently with performance of this Contract and maintain effective progress
to complete the work within the time(s) set forth in this Contract.
F. The making of final payment for this Contract may constitute a waiver of all claims by
Authority except those arising from:
1. Claims, security interests or encumbrances arising out of this Contract and
unsettled;
2. Failure of the work to comply with the requirements of this Contract;
3. Terms of special warranties required by this Contract;
4. Latent defects.
16.02 Resolution of Claims and Disputes
A. The following shall occur as a condition precedent to Authority review of a claim
unless waived in writing by Authority.
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First Meeting: Within five (5) days after a claim is submitted in writing, Company’s
representatives who have authority to resolve the dispute shall meet with Authority
representatives who have authority to resolve the dispute in a good faith attempt to
resolve the dispute. If a Party intends to be accompanied at a meeting by legal
counsel, the other Party shall be given at least three (3) working days’ notice of such
and also may be accompanied by legal counsel. All negotiations pursuant to this
clause are confidential and shall be treated as compromise and settlement
negotiations for purposes of rules of evidence.
Second Meeting: If the First Meeting fails to resolve the dispute or if the Parties fail
to meet, a senior executive for Company and for Authority, neither of which have
day to day Contract responsibilities, shall meet, within ten (10) days after a dispute
occurs, in an attempt to resolve the dispute and any other identified disputes or any
unresolved issues that may lead to dispute. Authority may invite other parties as
necessary to this meeting. If a Party intends to be accompanied at a meeting by legal
counsel, the other Party shall be given at least three (3) working days’ notice of such
and also may be accompanied by legal counsel. All negotiations pursuant to this
clause are confidential and shall be treated as compromise and settlement
negotiations for purposes of rules of evidence.
Following the First Meeting and the Second Meeting, Authority will review
Company’s claims and may (1) request additional information from Company which
will be immediately provided to Authority, or (2) render a decision on all or part of
the claim in writing within twenty-one (21) days following the receipt of such claim
or receipt of additional information requested.
If Authority decides that the work related to such claim should proceed regardless of
Authority disposition of such claim, Authority will issue to Company a written
directive to proceed. Company will proceed as instructed.
B. Prior to the initiation of any litigation to resolve disputes between the Parties, the
Parties will make a good faith effort to resolve any such disputes by negotiation
between representatives with decision-making power. Following negotiations, as a
condition precedent to litigation, the Parties will mediate any dispute with a
mediator selected by Authority. Such mediation shall occur in Hillsborough County,
Florida.
C. Any action initiated by either Party associated with a claim or dispute will be brought
in the Circuit Court in and for Hillsborough County, Florida.
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ARTICLE 17
NON-EXCLUSIVE RIGHTS
This Contract will not be construed to grant or authorize the granting of an exclusive right within
the meaning of 49 USC 40103(e) or 49 USC 47107(a), as may be amended from time to time, and
related regulations.
ARTICLE 18
WAIVER OF CLAIMS
Company hereby waives any claim against the City of Tampa, Hillsborough County, State of Florida
and Authority, and its officers, Board Members, agents, or employees, for loss of anticipated profits
caused by any suit or proceedings directly or indirectly attacking the validity of this Contract or any
part thereof, or by any judgment or award in any suit or proceeding declaring this Contract null,
void, or voidable, or delaying the same, or any part hereof, from being carried out.
ARTICLE 19
COMPLIANCE WITH LAWS, REGULATIONS, ORDINANCES, RULES
Company, its officers, employees, agents, subcontractors, or those under its control, will at all
times comply with applicable Federal, State, and local laws and regulations, Authority Rules and
Regulations, Policies, Standard Procedures, and Operating Directives as are now or may
hereinafter be prescribed by Authority, all applicable health rules and regulations and other
mandates whether existing or as promulgated from time to time by the Federal, State, or local
government, or Authority including, but not limited to, permitted and restricted activities,
security matters, parking, ingress and egress, environmental and storm water regulations and
any other operational matters related to the operation of Airport. Company, its officers,
employees, agents, subcontractors, and those under its control, will comply with safety,
operational, or security measures required of Company or Authority by the Federal Government
including but not limited to FAA or TSA. If Company, its officers, employees, agents,
subcontractors or those under its control will fail or refuse to comply with said measures and
such non-compliance results in a monetary penalty being assessed against Authority, then, in
addition to any other remedies available to Authority, Company will be responsible and will
reimburse Authority in the full amount of any such monetary penalty or other damages. This
amount must be paid by Company within 15 days from the date of written notice.
Hillsborough County Aviation Authority
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ARTICLE 20
COMPLIANCE WITH CHAPTER 119, FLORIDA STATUTES PUBLIC RECORDS LAW
IF COMPANY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE COMPANY’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT (813) 870-8721, ADMCENTRALRECORDS@TAMPAAIRPORT.COM,
HILLSBOROUGH COUNTY AVIATION AUTHORITY, P.O. BOX 22287, TAMPA FL
33622.
Company agrees in accordance with Florida Statute Section 119.0701 to comply with public
records laws including the following:
A. Keep and maintain public records required by Authority in order to perform the
Services contemplated by this Contract.
B. Upon request from Authority custodian of public records, provide Authority with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla.
Stat. or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of this Contract Term and following completion of this Contract.
D. Upon completion of this Contract, keep and maintain public records required by
Authority to perform the Services. Company shall meet all applicable requirements
for retaining public records. All records stored electronically must be provided to
Authority, upon request from Authority custodian of public records, in a format that
is compatible with the information technology systems of Authority.
ARTICLE 21
CONTRACT MADE IN FLORIDA
This Contract has been made in and shall be construed in accordance with the laws of the State of
Florida. All duties, obligations and liabilities of Authority and Company related to this Contract are
expressly set forth herein and this Contract can only be amended in writing and agreed to by both
Parties.
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ARTICLE 22
NOTICES AND COMMUNICATIONS
All notices or communications whether to Authority or to Company pursuant hereto will be
deemed validly given, served, or delivered, upon receipt by the Party by hand delivery, or three
(3) days after depositing such notice or communication in a postal receptacle, or one (1) day after
depositing such notice or communication with a reputable overnight courier service, and
addressed as follows:
TO AUTHORITY:
TO COMPANY:
(MAIL DELIVERY)
(MAIL DELIVERY)
HILLSBOROUGH COUNTY AVIATION AUTHORITY
CREATIVE BUS SALES
TAMPA INTERNATIONAL AIRPORT
8600 ATLANTIC BLVD.
P.O. BOX 22287
JACKSONVILLE, FL 32211
TAMPA, FLORIDA 33622-2287
ATTN: LES BURRES
ATTN: CHIEF EXECUTIVE OFFICER
OR
(HAND DELIVERY)
(HAND DELIVERY)
HILLSBOROUGH COUNTY AVIATION AUTHORITY
SAME AS ABOVE
TAMPA INTERNATIONAL AIRPORT
4160 GEORGE J. BEAN PARKWAY
SUITE 2400, ADMINISTRATION BUILDING
TAMPA, FLORIDA 33607-1470
ATTN: CHIEF EXECUTIVE OFFICER
or to such other address as either Party may designate in writing by notice to the other Party
delivered in accordance with the provisions of this Article.
If notice is sent through a mail system, a verifiable tracking documentation such as a certified
return receipt or overnight mail tracking receipt is required.
ARTICLE 23
SUBORDINATION OF AGREEMENT
It is mutually understood and agreed that this Contract will be subordinate to the provisions of
any existing or future agreement between Authority and the United States of America, its Boards,
Agencies, Commissions, and others, relative to the operation or maintenance of the Airport, the
execution of which has been or may be required as a condition precedent to the expenditure of
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federal funds for the development of the Airport, and this Contract will be subordinate to the
license or permit of entry which may be granted by the Secretary of Defense.
ARTICLE 24
SUBORDINATION TO TRUST AGREEMENTS
This Contract and all rights of Company hereunder are expressly subject and subordinate to the
terms, covenants, conditions and provisions of any Trust Agreements or other debt instruments
executed by Authority to secure bonds issued by, or other obligations of, Authority. The
obligations of Company hereunder may be pledged, transferred, hypothecated, or assigned at
any time by Authority to secure such obligations. Conflicts between the terms of this Contract
and the provisions, covenants and requirements of the debt instruments mentioned above will
be resolved in favor of the provisions, covenants and requirements of such debt instruments.
ARTICLE 25
ASSIGNMENT AND SUBCONTRACTING / SUBLEASING
Company will not assign, subcontract, sublease, or license this Contract without the prior written
consent of Authority. Such consent may be withheld at the sole discretion of Authority. If
assignment, subcontract, sublease, or license is approved, Company will be solely responsible for
ensuring that its assignee, subcontractor, sublessee, or licensee perform pursuant to and in
compliance with the terms of this Contract.
In no event will any approved assignment, subcontract, sublease, or license diminish Authority
rights to enforce any and all provisions of this Contract.
Before any assignment, subcontract, sublease, or license becomes effective, the assignee,
subcontractor, sublessee, or licensee will assume and agree by written instruments to be bound
by the terms and conditions of this Contract during the remainder of the Term. When seeking
consent to an assignment hereunder, Company will submit a fully executed original of the
document or instrument of assignment to Authority.
ARTICLE 26
SECURITY BADGING
Any employee of Company or any employee of its subcontractors or agents that require
unescorted access to the Security Identification Display Area (SIDA) to perform work under this
Contract will be badged with an Airport identification badge (Badge) provided by Authority ID
Badging Department and will be subject to an FBI fingerprint-based criminal history records check
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(CHRC) and an annual Security Threat Assessment (STA). A Badge will not be issued to an
individual until the results of the CHRC and the STA are completed and indicate that the applicant
has not been convicted of a disqualifying criminal offense. If the CHRC or STA discloses a
disqualifying criminal offense, the individual's badge application will be rejected. The costs of the
CHRC and the annual STA will be paid by Company. These costs are subject to change without
notice, and Company will be responsible for paying any increase in the costs. All badged
employees of Company and its contractors or agents will comply with Authority regulations
regarding the use and display of Badges.
For each Badge that is lost, stolen, unaccounted for, or not returned to Authority at the time of
Badge expiration, employee termination, termination of this Contract, or upon written request
by Authority, Company will be assessed a liquidated damage fee, not as a penalty but as
liquidation of a reasonable portion of damages that will be incurred by Authority by failure of
Company to notify Authority of each Badge that is lost, stolen, unaccounted for, or not returned
to Authority. This liquidated damage fee will be paid by Company within ten (10) days from the
date of invoice. The liquidated damage fee is subject to change without notice, and Company
will be responsible for paying any increase in the liquidated damage fee. It is mutually agreed
between the Parties that the assessment of the liquidated damage fee is reasonable. The Parties
agree that the liquidated damages described in this paragraph are solely for the administrative
burden of failure to return the Badge.
If any employee of Company is terminated or leaves Company's employment, Authority must be
notified immediately, and the Badge must be returned to Authority promptly.
ARTICLE 27
VENUE
Venue for any action brought pursuant to this Contract will be the County or Circuit Court in
Hillsborough County, Florida, or in the Tampa Division of the U.S. District Court for the Middle
District of Florida.
ARTICLE 28
PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES
Company is required to complete Exhibit D, Scrutinized Company Certification, at the time this
Contract is executed and to complete a new Exhibit D for each renewal option period, if any.
This Contract will be terminated in accordance with Florida Statute Section 287.135 if it is found
that Company submitted a false Scrutinized Company Certification as provided in Florida Statute
Section 287.135(5) or has been placed on the Scrutinized Companies with Activities in Sudan List,
Hillsborough County Aviation Authority
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the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized
Companies that Boycott Israel List, is engaged in a boycott of Israel, or is engaged in business
operations in Cuba or Syria. The termination will be subject to the dollar amount limitations
included in the respective Florida Statute.
ARTICLE 29
RELATIONSHIP OF THE PARTIES
Company is and will be deemed to be an independent contractor and operator responsible to all
parties for its respective acts or omissions, and Authority will in no way be responsible therefore.
ARTICLE 30
RIGHT TO AMEND
In the event that the United States Government including but not limited to the FAA and TSA, or
its successors, Florida Department of Transportation, or its successors, or any other
governmental agency requires modifications or changes in this Contract as a condition precedent
to the granting of funds for the improvement of the Airport, Company agrees to consent to such
amendments, modifications, revisions, supplements, or deletions of any of the terms, conditions,
or requirements of this Contract as may be reasonably required to obtain such funds; provided,
however, that in no event will Company be required, pursuant to this paragraph, to agree to an
increase in the charges provided for hereunder.
ARTICLE 31
TIME IS OF THE ESSENCE
Time is of the essence of this Contract.
ARTICLE 32
AMERICANS WITH DISABILITIES ACT
Company will comply with the applicable requirements of the Americans with Disabilities Act;
the Florida Americans with Disabilities Accessibility Implementation Act; Florida Building Code,
Florida Accessibility Code for Building Construction; and any similar or successor laws,
ordinances, rules, standards, codes, guidelines, and regulations and will cooperate with Authority
concerning the same subject matter.
Hillsborough County Aviation Authority
Leasing of Diesel Buses Page 33 of 38
CONTRACT
ARTICLE 33
FAA APPROVAL
This Contract may be subject to approval of the FAA. If the FAA disapproves this Contract, it will
become null and void, and both Parties will bear their own expenses relative to this Contract.
ARTICLE 34
AGENT FOR SERVICE OF PROCESS
It is expressly agreed and understood that if Company is not a resident of the State of Florida, or
is an association or partnership without a member or partner resident of said State, or is a foreign
corporation, then in any such event Company does designate the Secretary of State, State of
Florida, as its agent for the purpose of service of process in any court action between it and
Authority arising out of or based upon this Contract, and the service will be made as provided by
the laws of the State of Florida, for service upon a non-resident. It is further expressly agreed,
covenanted, and stipulated that if for any reason service of such process is not possible, and
Company does not have a duly noted resident agent for service of process, as an alternative
method of service of process, Company may be personally served with such process out of this
State, by the certified return receipt mailing of such complaint and process or other documents
to Company at the address set out hereinafter in this Contract or in the event of a foreign address,
deliver by Federal Express and that such service will constitute valid service upon Company as of
the date of mailing and Company will have thirty (30) days from date of mailing to respond
thereto. It is further expressly understood that Company hereby agrees to the process so served,
submits to the jurisdiction of the state or federal courts located in Hillsborough County, Florida,
and waives any and all obligation and protest thereto, any laws to the contrary notwithstanding.
ARTICLE 35
INVALIDITY OF CLAUSES
The invalidity of any part, portion, sentence, article, paragraph, provision, or clause of this
Contract will not have the effect of invalidating any other part, portion, sentence, article,
paragraph, provision, or clause of this Contract, and the remainder of this Contract will be valid
and enforced to the fullest extent permitted by law.
ARTICLE 36
SEVERABILITY
If any provision in this Contract is held by a court of competent jurisdiction to be invalid, the
validity of the other provisions of this Contract which are severable shall be unaffected.
Hillsborough County Aviation Authority
Leasing of Diesel Buses Page 34 of 38
CONTRACT
ARTICLE 37
HEADINGS
The headings contained herein, including the Table of Contents, are for convenience in reference
and are not intended to define or limit the scope of any provisions of this Contract. If for any
reason there is a conflict between content and headings, the content will control.
ARTICLE 38
COMPLETE CONTRACT
This Contract represents the complete understanding between the Parties, and any prior
contracts, agreements or representations, whether written or verbal, are hereby superseded.
This Contract may subsequently be amended only by written instrument signed by the Parties
hereto, unless provided otherwise within the terms and conditions of this Contract.
ARTICLE 29
MISCELLANEOUS
Wherever used, the singular will include the plural, the plural the singular, and the use of any
gender will include both genders.
ARTICLE 40
ORGANIZATION AND AUTHORITY TO ENTER INTO CONTRACT
The undersigned representative of Company hereby warrants and certifies to Authority that
Company is an organization in good standing in its state of registration, that it is authorized to do
business in the State of Florida, and that the undersigned officer is authorized and empowered
to bind the organization to the terms of this Contract by his or her signature thereto and neither
Company, its officers or any holders of more than five percent (5%) of the voting stock of
Company have been found in violation of Florida Statute Section 287.133, concerning Criminal
Activity on Contracts with Public Entities. If Company is a corporation whose shares are not
regularly and publicly traded on a recognized stock exchange, Company represents that the
ownership and power to vote the majority of its outstanding capital stock belongs to and is vested
in the officer or officers executing this Contract.
Hillsborough County Aviation Authority
Leasing of Diesel Buses Page 35 of 38
CONTRACT
ARTICLE 41
ORDER OF PRECEDENCE
In the event of any conflict(s) among the Contract Documents, Company will present conflict for
resolution to Authority. Any costs resulting from Authority resolution of the conflict shall be
borne by Company. In the event of any conflict between this Contract and the Lease Agreement
with regard to Company’s duties and obligations this Contract shall prevail. The Company bears
no financial responsibility with regards to the Lease Agreement.
ARTICLE 42
CONTRACT CHANGES
A change order or amendment is a written contract modification prepared by Authority and
signed by both Parties hereto, stating their agreement upon all of the following, and without
invalidating this Contract:
1. a change in the Scope of Services, if any;
2. a change of the Contract amount, fees, hourly rates or other costs, if any;
3. a change of the basis of payment, if any;
4. a change in Contract time, if any; and
5. changes to the terms and conditions of this Contract including, but not limited to, the
W/MBE or DBE percentage rate, if any.
42.01 Claim for Payment
Any claim for payment for changes in the Scope of Services that is not covered by written
change order or amendment or other written instrument signed by the Parties hereto will
be rejected by Authority. Company acknowledges and agrees that Company will not be
entitled to payment for changes in the Scope of Services unless such revised Scope of
Services is specifically authorized in writing by Authority in advance. The terms of this
Article may not be waived by Authority unless such waiver is in writing and makes specific
reference to this Article.
Changes in the Scope of Services will be performed under applicable provisions of the
Contract Documents, and Company will proceed promptly, unless otherwise provided in
the change order, amendment or other written instrument.
Hillsborough County Aviation Authority
Leasing of Diesel Buses Page 36 of 38
CONTRACT
42.02 Right to Carry Out the Work or Services
If Company defaults or neglects to carry out the Scope of Services in accordance with the
Contract Documents and fails within a seven day period after receipt of written Notice
from Authority to begin and prosecute correction of such default or neglect with diligence
and promptness, Authority may, without prejudice to other remedies Authority may
have, correct such deficiencies. In such case an appropriate change order will be issued
deducting from payments then or thereafter due Company the cost of correcting such
deficiencies, including compensation for another company’s or Authority’s additional
services and expenses made necessary by such default, neglect or failure. If payments
then or thereafter due Company are not sufficient to cover such amounts, Company will
pay the difference to Authority.
[The remainder of this page was intentionally left blank]
Hillsborough County Aviation Authority
Leasing of Diesel Buses Page 37 of 38
CONTRACT
IN WITNESS WHEREOF, the Parties hereto have set their hands and corporate seals on this
______ day of __________________, 20__.
HILLSBOROUGH COUNTY AVIATION
AUTHORITY
BY:
Jane Castor, Secretary
Gary W. Harrod, Chairman
Address:
PO Box 22287
Tampa FL
Address:
PO Box 22287
Tampa FL
WITNESS:
Signature
Printed Name
Approved as to form for legal sufficiency:
BY:
David Scott Knight, Assistant General Counsel
HILLSBOROUGH COUNTY AVIATION AUTHORITY
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me by means of □ physical presence or □ online authorization,
this ____ day of ____________, 20__, by Gary Harrod, in the capacity of Chairman, and by Jane Castor in the capacity
of Secretary, for Hillsborough County Aviation Authority, a public body corporate under the laws of the State of
Florida, on its behalf.
Stamp or Seal of Notary
Signature of Notary
Print, Type, or Stamp Commissioned Name of Notary
Personally Known OR Produced Identification
Type of Identification Produced
Exhibit A
Leasing Agreement
Exhibit A, Leasing Agreement
Hillsborough County Aviation Authority
Leasing of Diesel Buses Page 1 of 1
CONTRACT
December 23, 2021
Hillsborough County Aviation Authority
4100 George J. Bean Parkway
Tampa, FL 33622
Wells Fargo Equipment Finance, Inc.
200 Lomas Boulevard NW
Albuquerque, NM 87102
Thank you for choosing Wells Fargo Equipment Finance, Inc. to handle your finance needs. Enclosed please find the
following documents necessary to complete your lease transaction:
1.
Resolution - Lessee to Provide
2.
Governmental Equipment Lease - have Page 1 signed where indicated
3.
Maintenance and Return Provisions – have signed where indicated
4.
Termination Value Schedule – have signed where indicated
5.
Verification of Information - fill in the Federal Tax ID Number, verify the Principal Place of Business Address,
the Billing Address, Equipment/Titling Location, and Tax Status. If tax exempt, please include a Tax
Exemption Certificate
6.
Pay Proceeds - have signed and dated
7.
Delivery & Acceptance Certificate – have signed and dated
8.
Certificate of Insurance – Complete the form and return with the above. Please have the agent provide a
Certificate of Insurance listing Wells Fargo Equipment Finance, Inc., its Successors and Assigns, as Loss
Payee and Additional Insured. The certificate can be emailed to me at [email protected] or
faxed to me at 877-542-4713
9.
Titled Equipment Agreement & Acknowledgement – complete the middle section, have signed where
indicated
10.
Advance Payment & Documentation Fee – please remit a check for the advance payment and
documentation fee when returning the documents
All documents requiring a signature must be signed by an authorized officer. Please return all documents along with
the Certificate of Insurance to my attention. Please retain for your records copies of the original documents.
Unless requested, you will not receive a copy following funding of the transaction.
If you have any questions regarding the enclosed, please do not hesitate to contact me at 505-765-5259.
Sincerely,
Diane L. Kaiser
Contract Analyst, AVP
Notice: Lessor reserves the right to withdraw the terms of this Lease and issue a modified Lease without notice to
Lessee if Lessor is not in receipt of a fully executed original or facsimile of this document within five (5) business days
of the date of this Lease. However, in that event, no such modifications will be binding on Lessee unless and until
Lessee executes the modified document containing all such modifications.
Governmental Equipment Lease
FMV Purchase Option
Wells Fargo Equipment Finance, Inc. |733 Marquette Avenue, Suite 700 |Minneapolis, MN 55402
Equipment Lease Number 0008638-000 dated as of December 23, 2021
Name and Address of Lessee:
Hillsborough County Aviation Authority
4100 George J. Bean Parkway
Tampa, FL 33622
Equipment Description: Five (5) New 2021 Starcraft Allstar XL Shuttle Buses - VIN’s 5WEEZC8M6MH172185,
5WEEZC8M8MH172186, 5WEEZC8M3MH172189, 5WEEZC8MXMH172190, 5WEEZC8M1MH172191
After Lessee signs this Lease, Lessee authorizes Lessor to insert any missing information or change any inaccurate information with
respect to the model year of the Equipment or its serial number or VIN included in this Equipment Description
Equipment Location: 4100 George J. Bean Parkway, Tampa, FL 33622
Acceptance Date: See separate Delivery and Acceptance Certificate
SUMMARY OF PAYMENT TERMS
Initial Term (Months): 48
Total Cost: $749,030.00
Payment Frequency: Monthly
Total Basic Rent: $725,202.24
Basic Rental Payment: $15,108.38 plus any applicable sales
and use tax
Security Deposit: N/A
Number of Installments: 48
Cutoff Date: 01/11/22
A Termination Value Schedule is attached hereto as Exhibit A pursuant to paragraph 9 of this Lease. The Termination Value shall be
the amount set forth on Exhibit A opposite the date of determination of the Termination Value.
Lease Provisions
1. LEASE. Lessee hereby agrees to lease from Lessor, the personal property described on the first page of this Lease on the terms
and conditions set forth herein (such property together with all replacements, substitutions, parts, improvements, repairs, and
accessories and all additions incorporated therein or affixed thereto being referred to herein as the "Equipment"). Lessee's execution of
this Lease shall obligate Lessee to lease the Equipment from Lessor. This Lease shall not be binding on Lessor unless and until executed
by Lessor. Anything to the contrary notwithstanding, Lessor shall have no obligation to accept, execute or enter into this Lease or to
acquire or lease to Lessee the Equipment.
2. EQUIPMENT ACCEPTANCE; TERM; RENT; NON-APPROPRIATION. The "Acceptance Date" for the Equipment shall be (a) the
date Lessee accepts the Equipment under a separately signed Delivery and Acceptance Certificate, or (b) the date set forth on the first
page of this Lease and Lessee represents and warrants that as of such date, the Equipment has been delivered to Lessee, Lessee has
unconditionally accepted the Equipment and Lessee agrees that the Equipment is subject to this Lease. Lessee agrees that if all of the
items of Equipment have not been delivered and accepted hereunder before the Cutoff Date as set forth above, Lessor shall have no
obligation to lease the Equipment to Lessee. The term of this Lease shall begin on the Rent Commencement Date and shall continue for
the Initial Term as set forth above unless earlier terminated by Lessor as provided herein. The Rent Commencement Date is the
Acceptance Date.
Lessee shall pay as basic rent for the Initial Term of this Lease the amount shown above as Total Basic Rent, subject, however, to the
provisions of this paragraph 2. The Total Basic Rent shall be payable in installments each in the amount of the Basic Rental Payment set
THIS AGREEMENT INCLUDES THE TERMS ON THE ATTACHED PAGE(S).
Lessor: Wells Fargo Equipment Finance, Inc.
By
Title
Lessee: Hillsborough County Aviation
Authority
By
Title
Rent Commencement Date
DLH-FLORIDA MUNI FMV
Page 1 of 6
Page 2 of 6
forth above plus any applicable sales and use tax thereon beginning on the Rent Commencement Date and continuing on the same day
of each subsequent month during the Initial Term. If the actual cost of the Equipment is more or less than the Total Cost as shown
above, the amount of each installment of rent will be adjusted up or down to provide the same yield to Lessor as would have been
obtained if the actual cost had been the same as the Total Cost.
Lessee is obligated only to pay basic rental payments and other amounts due under this Lease as may lawfully be made from funds
budgeted and appropriated for that purpose. Should Lessee fail to budget, appropriate or otherwise make available funds to pay the
basic rental payments and other amounts due under this Lease for any fiscal period during the Term of this Lease (an “Event of Non-
Appropriation”), this Lease shall be deemed terminated at the end of Lessee’s then current fiscal period. Lessee agrees to deliver notice
to Lessor immediately (and in no case later than 30 days prior to the end of Lessee’s then current fiscal period) of the occurrence of an
Event of Non-Appropriation under this Lease. If an Event of Non-Appropriation occurs with respect to this Lease, Lessee shall return the
Equipment in accordance with paragraph 11. Lessee currently intends, subject to this paragraph, to pay all basic rental payments for
the Initial Term of the Lease, and reasonably believes that legally available funds in an amount sufficient to pay all basic rental
payments and other amounts due during the Initial Term of this Lease can be obtained. Lessee currently intends to do all things
lawfully within its power to obtain and maintain legally available funds from which the basic rental payments and other amounts due
under this Lease may be paid, including making provision for such payments to the extent necessary in each budget or appropriation
request submitted and adopted in accordance with applicable provisions of law. Notwithstanding anything herein to the contrary, the
decision whether or not to budget and appropriate funds and continue the term of this Lease is within the discretion of the governing
body of Lessee.
Lessor and Lessee understand and intend that the obligation of Lessee to pay basic rental payments under this Lease shall constitute a
current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional
or statutory limitations or requirements concerning the creation of indebtedness by Lessee, nor shall anything contained herein
constitute a pledge of the general tax revenues, funds or monies of Lessee.
If any payment, whether for rent or otherwise, is not paid within ten (10) days of when due, Lessor may impose a late charge of 5% of
the amount past due (or the maximum amount permitted by applicable law if less). Payments thereafter received shall be applied first
to delinquent installments and then to current installments.
3. SECURITY DEPOSIT. Upon execution of this Lease, Lessee shall pay to Lessor the Security Deposit, if any, set forth above.
Lessor may apply any security deposit toward any obligation of Lessee, and shall return any unapplied balance to Lessee without
interest upon full satisfaction of Lessee's obligations.
4. NO WARRANTIES. Lessee agrees that it has selected each item of Equipment based upon its own judgment and disclaims any
reliance upon any statements or representations made by Lessor. LESSEE ACKNOWLEDGES THAT: LESSOR IS NOT THE
MANUFACTURER OF THE EQUIPMENT NOR THE MANUFACTURER'S AGENT NOR A DEALER THEREIN; THE EQUIPMENT IS OF A SIZE,
DESIGN, CAPACITY, DESCRIPTION AND MANUFACTURE SELECTED BY LESSEE; LESSEE IS SATISFIED THAT THE EQUIPMENT IS
SUITABLE AND FIT FOR ITS PURPOSES; AND LESSOR HAS NOT MADE AND DOES NOT MAKE ANY WARRANTY WITH RESPECT TO THE
EQUIPMENT, EXPRESS OR IMPLIED AND LESSOR SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS
FOR A PARTICULAR PURPOSE, OR AS TO THE QUALITY, CONDITION OR CAPACITY OF THE EQUIPMENT OR THE MATERIALS IN THE
EQUIPMENT OR WORKMANSHIP OF THE EQUIPMENT, LESSOR'S TITLE TO THE EQUIPMENT, OR ANY OTHER REPRESENTATION OR
WARRANTY WHATSOEVER. LESSOR SHALL NOT BE LIABLE TO LESSEE FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR
NATURE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY EQUIPMENT OR THE USE OR MAINTENANCE THEREOF OR THE FAILURE OR
OPERATION THEREOF, OR THE REPAIR, SERVICE OR ADJUSTMENT THEREOF, OR BY ANY DELAY OR FAILURE TO PROVIDE ANY SUCH
MAINTENANCE, REPAIRS, SERVICE OR ADJUSTMENT, OR BY AN INTERRUPTION OF SERVICE OR LOSS OF USE THEREOF OR FOR ANY
LOSS OF BUSINESS HOWSOEVER CAUSED. LESSOR SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING ANY LIABILITY
FOR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE EQUIPMENT. No defect or unfitness of
the Equipment, and no failure on the part of the manufacturer or the shipper of the Equipment to deliver the Equipment or any part
thereof to Lessee shall relieve Lessee of the obligation to pay rent or any other obligation hereunder. Lessor shall have no obligation in
respect of the Equipment and shall have no obligation to install, erect, test, adjust or service the Equipment. Lessee shall only look to
persons other than Lessor such as the manufacturer, vendor or carrier thereof should any item of Equipment for any reason and in any
way be defective. To the extent permitted by the manufacturer and/or vendor and provided Lessee is not in default under the Lease,
Lessor shall make available to Lessee all manufacturer and/or vendor warranties with respect to the Equipment.
5. TAXES. Unless Lessee has provided Lessor with evidence necessary to sustain an exemption therefrom, Lessee shall promptly pay
when due all sales, use, property, excise and other taxes and all license and registration fees now or hereafter imposed by any
governmental body or agency upon the Equipment or its use, purchase, ownership, delivery, leasing, possession, storage, operation,
maintenance, repair, return or other disposition of the Equipment, or for titling or registering the Equipment, or upon the income or
other proceeds received with respect to the Equipment or Lease or the rentals hereunder; provided, however, that Lessee shall not be
required to pay taxes on or measured by the net income of Lessor. Upon request by Lessor, Lessee shall prepare and file all tax returns
relating to taxes for which Lessee is responsible hereunder which Lessee is permitted to file under the laws of the applicable taxing
jurisdiction. Upon the expiration or earlier termination of the Lease, Lessee shall pay to Lessor any such taxes accrued or assessed but
not yet due and payable.
6. INDEMNITY. To the extent permitted by applicable law and subject to the provisions of paragraph 2 hereof, Lessee hereby agrees
to indemnify and hold Lessor harmless (on an after-tax basis) from and against any and all claims, losses, liabilities (including
negligence, tort and strict liability), damages, judgments, obligations, actions, suits and all legal proceedings, and any and all costs and
expenses in connection therewith (including attorneys' fees) arising out or in any manner connected with, or resulting directly or
indirectly from, the Equipment, including, without limitation, the manufacture, purchase, lease, financing, selection, ownership, delivery,
rejection, non-delivery, transportation, possession, use, storage, operation, condition, maintenance, repair, return or other disposition of
the Equipment or with this Lease, including without limitation, claims for injury to or death of persons and for damage to property,
whether arising under the doctrine of strict liability, by operation of law or otherwise, and to give Lessor prompt notice of any such claim
or liability, excluding any such Claims arising out of Lessor’s gross negligence or willful misconduct.
Page 3 of 6
7. ASSIGNMENT; STATUS OF LESSEE. Lessor may sell or assign any or all of its interest in this Lease or sell or grant a security
interest in all or any part of the Equipment without notice to or the consent of Lessee. Lessee agrees not to assert against any assignee
of Lessor any setoff, recoupment, claim counterclaim or defense Lessee may have against Lessor or any person other than such
assignee; Lessee agrees that any such setoffs, claims, counterclaims or defenses that Lessee may have against Lessor shall be
asserted solely against Lessor. LESSEE SHALL NOT (a) ASSIGN OR IN ANY WAY TRANSFER OR DISPOSE OF ALL OR ANY PART OF
ITS RIGHTS OR OBLIGATIONS UNDER THIS LEASE, (b) ENTER INTO ANY SUBLEASE OF ALL OR ANY PART OF THE EQUIPMENT, or
(c) unless Lessee shall have given Lessor no less than thirty (30) days' prior written notice, change its name or business address
from that set forth above.
8. OWNERSHIP; LOCATION; USE AND MAINTENANCE. Lessee agrees that the Equipment is and shall remain personal property
and shall not permit it to become attached to real property. Lessee shall not permit, suffer or allow any liens, charges or encumbrances
to be placed on or levied against the Equipment and shall at all times keep the Equipment free and clear of all such liens, charges and
encumbrances. Lessee shall not without prior written notice to Lessor, remove or allow any of the Equipment to be removed from the
Equipment Location specified above (or alternatively, change the garage or base location with respect to vehicles or mobile equipment).
Lessee will use the Equipment with due care and only for the purpose for which it is intended. Lessee will maintain the Equipment in
good repair, condition and working order and will furnish all parts and services required therefor, all at its expense, ordinary wear and
tear excepted. Lessee shall, at its expense, make all modifications and improvements to the Equipment required by law, and shall not
make other modifications or improvements to the Equipment without the prior written consent of Lessor. All parts, modifications and
improvements to the Equipment shall, when installed or made, immediately become the property of Lessor and part of the Equipment
for all purposes. Lessee shall, at any and all times during business hours and upon prior notice, grant Lessor free access or chaperoned
access where requested to enter upon the premises wherein the Equipment shall be located or used and permit Lessor to inspect the
Equipment and all applicable maintenance records. The Equipment shall not be used outside of the United States without Lessor's
prior written consent.
9. LOSS OR DAMAGE. No loss or damage to the Equipment or any part thereof shall affect any obligation of Lessee under this Lease
which shall continue in full force and effect. Lessee shall advise Lessor in writing within five (5) days of any item of Equipment becoming
lost, stolen or damaged and of the circumstances and extent of such damage. In the event any item of Equipment shall become lost,
stolen, destroyed, damaged beyond repair or rendered permanently unfit for use for any reason, or in the event of condemnation or
seizure of any item of Equipment, Lessee shall promptly, within ten (10) days after demand by Lessor, pay Lessor from insurance
proceeds and other legally available funds, an amount equal to Lessor’s Loss with respect to such item of Equipment (as determined by
Lessor based on the Total Cost of such Equipment). “Lessor's Loss” as of any date shall be the sum of the following: (1) the amount of
all rent and other amounts payable by Lessee hereunder due but unpaid as of such date plus (2) the Termination Value shown on the
Termination Value Schedule attached hereto and made a part hereof. Upon payment of such amount to Lessor, such item shall become
the property of Lessee, Lessor will transfer to Lessee, without recourse or warranty, all of Lessor's right, title and interest therein, the
rent with respect to such item shall terminate, and the Basic Rental Payments on the remaining items shall be reduced accordingly.
Lessee shall pay any sales and use taxes due on such transfer. Any insurance or condemnation proceeds received shall be credited to
Lessee's obligation under this paragraph and Lessor shall be entitled to any surplus. Whenever the Equipment is damaged and such
damage can be repaired, Lessee shall, at its expense, promptly effect such repairs as Lessor shall deem necessary for compliance with
paragraph 8 above. Proceeds of insurance shall be paid to Lessor with respect to such reparable damage to the Equipment and shall, at
the election of Lessor, be applied either to the repair of the Equipment by payment by Lessor directly to the party completing the
repairs, or to the reimbursement of Lessee for the cost of such repairs; provided, however, that Lessor shall have no obligation to make
such payment or any part thereof until receipt of such evidence as Lessor shall deem satisfactory that such repairs have been completed
and further provided that Lessor may apply such proceeds to the payment of any rent or other sum due or to become due hereunder if
at the time such proceeds are received by Lessor there shall have occurred any Event of Default or any event which with lapse of time
or notice, or both, would become an Event of Default.
10. INSURANCE. Lessee shall obtain and maintain on or with respect to the Equipment at its own expense (a) liability insurance
(including bodily injury and property damage) with a minimum $1 million combined single limit per occurrence and (b) all-risk physical
damage insurance insuring against loss or damage to the Equipment in an amount not less than the full replacement cost of the
Equipment. Lessee shall furnish Lessor with a certificate of insurance evidencing the issuance of a policy or policies to Lessee in at least
the minimum amounts required herein naming Lessor as an additional insured thereunder for the liability coverage and as (i) loss payee
for the property damage coverage if the aggregate original cost of the Equipment leased hereunder is $1 million or less, or (ii) lender
loss payee for the property damage coverage if the aggregate original cost of the Equipment leased hereunder exceeds $1 million.
Lessee shall deliver to Lessor, annually and upon renewal or replacement of any insurance required herein, evidence satisfactory to
Lessor of the required insurance coverage. Lessor shall be under no duty to ascertain the existence of or to examine any such policy or
to advise Lessee in the event any such policy shall not comply with the requirements hereof.
11. END OF TERM OPTIONS. Except as otherwise expressly set forth herein, at the expiration of the Initial Term of the Lease or
expiration of any renewal term, and, provided that the Lease has not been terminated by Lessor and further provided that no Event of
Default under the Lease has occurred and is continuing, Lessee may if it has given at least 90 but not more than 120 days prior written
notice to Lessor prior to expiration of the Lease term, exercise one of the following options:
(a) purchase all but not less than all of the Equipment for a purchase price equal to the then Fair Market Value of the Equipment. "Fair
Market Value" of the Equipment for purposes of this paragraph shall be an amount determined according to the following procedure.
Upon receipt of Lessee's notice of election to purchase the Equipment, Lessee and Lessor will attempt to agree on an amount during the
next 30 days, and the amount so agreed upon shall be the Fair Market Value. In the event Lessor and Lessee cannot agree on an
amount during such 30-day period, then each party shall choose an independent appraiser accredited by the American Society of
Appraisers or another organization acceptable to Lessor, and the two appraisers shall each determine the fair market value of the
Equipment in place and ready to use in a manner as originally designed and intended, on the basis of an arm's-length sale of Equipment
that is installed and fully operational between an informed and willing buyer (other than a buyer currently in possession) and an
informed and willing seller under no compulsion to sell and assuming that, as of the date of the determination, the Equipment is in the
condition required by the Lease, including any Return and Maintenance Provisions Addendum (whether or not it is actually in such
condition). The average of the amounts determined by the two appraisers shall be the Fair Market Value. Each party shall pay the
expenses of the appraiser it chooses; or
(b) renew the Lease with respect to all but not less than all of the Equipment at the expiration of the Initial Term of the Lease for
thethen Fair Market Rental Value of the Equipment and for a term to be agreed upon by Lessee and Lessor. Upon expiration of the
Page 4 of 6
renewal term Lessee shall either purchase the Equipment pursuant to clause (a) above or return the Equipment in accordance with
clause (c) below. "Fair Market Rental Value" of the Equipment for purposes of this paragraph shall be an amount determined
according to the following procedure. Upon receipt of Lessee's notice of election to renew the Lease, Lessee and Lessor will attempt
to agree on an amount during the next 30 days, and the amount so agreed upon shall be the Fair Market Rental Value. In the event
Lessor and Lessee cannot agree on an amount during such 30-day period, then each party shall choose an independent appraiser
accredited by the American Society of Appraisers or another organization acceptable to Lessor, and the two appraisers shall each
determine the fair market rental value of the Equipment in place and ready to use in a manner as originally designed and intended
on the basis of an arm's-length transaction between an informed and willing lessor of Equipment that is installed and fully operational
and an informed andwilling lessee under no compulsion to lease and assuming that, as of the date of the determination, the
Equipment is in the conditionrequired by the Lease, including any Return and Maintenance Provisions Addendum (whether or not it is
actually in such condition). The average of the amounts determined by the two appraisers shall be the Fair Market Rental Value. Each
party shall pay the expenses of the appraiser it chooses.
(c) The exercise of either option described in clause (a) or (b) above shall be irrevocable.
(d) In the event that Lessee fails to timely give written notice electing to exercise the option to purchase as described in clause (a) or
electing to exercise the option to renew as set forth in clause (b), then the Lessee’s leasehold rights shall terminate and Lessee shall
return the Equipment to and in the manner designated by Lessor in the same condition as when delivered to Lessee, ordinary wear and
tear excepted, and in compliance with any additional return conditions set forth in an addendum hereto, at such location within the
continental United States as Lessor shall designate. Lessee shall pay all transportation and other expenses relating to such return.
If on account of casualty or otherwise less than all of the Equipment is subject to the Lease at the expiration of the Initial Term of the
Lease, then the purchase price under clause (a) above or the renewal rent in clause (b) above shall be computed with reference only to
the items of Equipment then subject to the Lease.
If Lessee should give timely notice of election to purchase the Equipment as provided in this paragraph 11 and fail to make timely
payment of the purchase price, then Lessor may in its sole discretion, by written notice to Lessee, treat the Equipment as purchased and
enforce payment of the purchase price, or declare a failure to meet the conditions of purchase whereupon the interest of Lessee in the
Lease and the Equipment shall terminate automatically.
Following Lessor’s receipt of the purchase price for the Equipment and upon request by Lessee, Lessor will deliver a bill of sale
transferring the Equipment to Lessee. Lessor hereby warrants that at the time of transfer the Equipment will be free of all security
interests and other liens created by or arising through Lessor. LESSOR MAKES NO OTHER WARRANTY WITH RESPECT TO THE
EQUIPMENT, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A
PARTICULAR PURPOSE AND ANY LIABILITY FOR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE
THE EQUIPMENT. Lessee agrees to pay all sales and use taxes arising on account of any sale of the Equipment upon exercise of the
purchase option.
12. ADDITIONAL ACTION. Lessee will promptly execute and deliver to Lessor such further documents, take such further action, and
provide such information as Lessor may reasonably request in order to carry out more effectively the intent and purpose of this
Lease, and/or comply with laws or regulations applicable to Lessor, Lessee, and/or the transaction evidenced by this Lease. Lessee
will pay (or reimburse Lessor for) the reasonable costs andexpenses related to (a) any title and lien searches with respect to this Lease
and the Equipment, and (b) any documentary stamp taxes relating to the Lease, subject, however, to the provisions of paragraph 2
hereof. Lessee will do whatever may be necessary to have astatement of the interest of Lessor and any assignee of Lessor in the
Equipment noted on any certificate of title relating to the Equipment and will deliver said certificate to Lessor.
13. DEFAULT. Each of the following events shall constitute an “Event of Default" hereunder: (a) Lessee shall fail to pay within ten (10)
days of when due any installment of basic rent or any other amount due hereunder; (b) any certificate, statement, representation,
warranty or financial or credit information heretofore or hereafter made or furnished by or on behalf of Lessee proves to have been false
or misleading in any material respect or omitted any material fact, contingent or unliquidated liability or claim against Lessee; (c) Lessee
shall fail to observe or perform any other agreement to be observed or performed by Lessee hereunder and the continuance thereof for
ten (10) days following written notice thereof by Lessor to Lessee; (d) Lessee shall voluntarily file, or have filed against it involuntarily, a
petition for liquidation, reorganization, adjustment of debt, or similar relief under the federal Bankruptcy Code or any other present or
future federal or state bankruptcy or insolvency law, or a trustee, receiver, or liquidator shall be appointed of it or of all or a substantial
part of its assets; or (e) Lessee shall be in breach of or in default in the payment or performance of any material obligation under any
credit agreement, conditional sales contract, lease, or other contract with Lessor, an affiliate of Lessor or any other person or entity,
howsoever arising.
14. REMEDIES. Upon the occurrence of an Event of Default and at any time thereafter, Lessor may exercise any one or more of the
remedies listed below as Lessor in its sole discretion may lawfully elect; provided, however, that upon the occurrence of an Event of
Default specified in paragraph 13(d), an amount equal to the basic rental payments and other amounts due under this Lease during
Lessee’s then current fiscal period shall automatically become and be immediately due and payable without notice or demand of any
kind. The exercise of any one remedy shall not be deemed an election of such remedy or preclude the exercise of any other remedy,
and such remedies may be exercised concurrently or separately but only to the extent necessary to permit Lessor to recover amounts
for which Lessee is liable hereunder.
Page 5 of 6
(a) Lessor may, by written notice to Lessee, terminate this Lease as to any or all of the Equipment subject hereto and declare an
amount equal to all basic rental payments payable by Lessee pursuant to this Lease and other amounts payable by Lessee under such
Lease to the end of Lessee’s then current fiscal period to be immediately due and payable, and the same shall thereupon be and become
immediately due and payable without further notice.
(b) Lessor may proceed by appropriate court action to enforce performance by Lessee of the applicable covenants of this Lease.
(c) In the event Lessor repossesses the Equipment, Lessor shall either retain the Equipment in full satisfaction of Lessee’s obligation
hereunder or sell or lease each item of Equipment in such manner and upon such terms as Lessor may in its sole discretion determine
and continue to hold Lessee liable for the difference between (i) the basic rental payments and other amounts payable by Lessee
pursuant to this Lease to the end of the Lessee’s then current fiscal period, and (ii) the net proceeds of any such sale or lease (after
deducting all expenses of Lessor in exercising its remedies under this Lease), subject, however to the provisions of paragraph 2 hereof.
(d) To the extent permitted by applicable law and subject to the provisions of paragraph 2 hereof, Lessor may recover interest on any
amount recoverable under this paragraph 14 from the date it becomes payable until fully paid at the rate of the lesser of 12% per
annum or the highest rate permitted by applicable law.
(e) Lessor may exercise any other right or remedy available to it by law or by agreement, and may in any event recover legal fees and
other costs and expenses incurred by reason of an Event of Default or the exercise of any remedy hereunder, including expenses of
repossession, repair, storage, transportation, and disposition of the Equipment, subject, however, to the provisions of paragraph 2
hereof. Any payment received by Lessor may be applied to unpaid obligations as Lessor in its sole discretion determines.
No express or implied waiver by Lessor of any breach of Lessee's obligations hereunder shall constitute a waiver of any other breach of
Lessee's obligations hereunder.
15. NET LEASE AND UNCONDITIONAL OBLIGATION. This Lease is a completely net lease and, except as expressly provided in
paragraph 2 hereof, Lessee's obligation to pay rent and all other amounts payable by Lessee hereunder is unconditional and irrevocable
and shall be paid without any abatement, reduction, setoff or defense of any kind. This Lease cannot be canceled, prepaid or terminated
except as expressly provided herein .
16. NON-WAIVER. No course of dealing between Lessor and Lessee or any delay or omission on the part of Lessor in exercising any
rights hereunder shall operate as a waiver of any rights of Lessor. A waiver on any one occasion shall not be construed as a bar to or
waiver of any right or remedy on any future occasion. No waiver or consent shall be binding upon Lessor unless it is in writing and
signed by Lessor. To the extent permitted by applicable law, Lessee hereby waives the benefit and advantage of, and covenants not to
assert against Lessor, any valuation, inquisition, stay, appraisement, extension or redemption laws now existing or which may hereafter
exist which, but for this provision, might be applicable to any sale or re-leasing made under the judgment, order or decree of any court
or under the powers of sale and re-leasing conferred by this Lease or otherwise. To the extent permitted by applicable law, Lessee
hereby waives any and all rights and remedies conferred upon a Lessee by Article 2A-508 through 2A-522 of the Uniform Commercial
Code, including but not limited to Lessee's rights to: (i) cancel this Lease; (ii) repudiate this Lease; (iii) reject the Equipment; (iv)
revoke acceptance of the Equipment; (v) recover damages from Lessor for any breaches of warranty or for any other reason; (vi) claim
a security interest in the Equipment in Lessee's possession or control for any reason; (vii) deduct all or any part of any claimed damages
resulting from Lessor's default, if any, under this Lease; (viii) accept partial delivery of the Equipment; (ix) "cover" by making any
purchase or lease of or contract to purchase or lease Equipment in substitution of Equipment identified to this Lease; (x) recover any
general, special, incidental, or consequential damages, for any reason whatsoever; and (xi) specific performance, replevin, detinue,
sequestration, claim, delivery or the like for any Equipment identified to this Lease.
17. REPRESENTATIONS AND AGREEMENTS. Lessee hereby represents and agrees to the best of Lessee’s knowledge and belief
that (a) effective on the date on which Lessee executes this Lease: (i) Lessee has the power and authority under applicable law to
enter into the transactions contemplated by this Lease and to perform all of its obligations hereunder; (ii) the execution and delivery of
this Lease and the performance of Lessee's obligations hereunder have been duly authorized by all necessary action on the part of the
Lessee and are not in contravention of, and will not violate any judgment, order, law or regulation applicable to Lessee or result in a
breach of, or constitute a default under, or result in the creation of any lien, charge, security interest or other encumbrance upon any
assets of Lessee or on the Equipment pursuant to any loan agreements or indentures of Lessee, or any other contract, agreement or
instrument to which Lessee is a party or by which it is bound; (iii) the person signing the Lease on behalf of Lessee is duly authorized;
(iv) all requirements have been met and procedures have occurred in order to ensure the enforceability of this Lease; (v) Lessee has
obtained all other approvals and consents as are necessary to consummate this Lease; (vi) all information provided by Lessee to Lessor
in connection with this Lease is true and correct; (vii) this Lease constitutes a legal, valid and binding obligation of Lessee, enforceable
against Lessee in accordance with its terms; (viii) the Equipment is essential to and will be used by Lessee only for the purpose of
performing one or more governmental functions of Lessee consistent with the permissible scope of Lessee’s authority and will not be
used in the trade or business of any other entity or person; (ix) there are no suits pending or threatened against Lessee which, if
decided adversely, might materially adversely affect Lessee’s financial condition, the value, utility or remaining useful life of the
Equipment, the rights intended to be afforded to Lessor hereunder or the ability of Lessee to perform its obligations under this Lease or
any document delivered in connection with this Lease; (b) Lessee authorizes Lessor to pay the Total Cost as set forth on the first page of
this Lease directly to the seller of the Equipment to the extent of the unpaid balance of the purchase price; and (c) Lessee shall (i)
maintain a system of accounts established and administered in accordance with generally accepted accounting principles and
practices consistently applied; and (ii) with reasonable promptness, furnish Lessor with such other information, financial or
otherwise, relating to Lessee or the Equipmentas Lessor shall reasonably request.
18. MISCELLANEOUS. This Lease constitutes the entire agreement between Lessor and Lessee and may be modified only by a written
instrument signed by Lessor and Lessee. Any provision of this Lease that is unenforceable in any jurisdiction shall, as to such
jurisdiction, be ineffective to the extent of such unenforceability without invalidating the remaining provisions of this Lease, and any
such unenforceability in any jurisdiction shall not render unenforceable such provision in any other jurisdiction. Notwithstanding
anything to the contrary contained herein, if any rate of interest, late fee or any other charges or fees due hereunder are determined by
a court of competent jurisdiction to be usurious, then said interest rate, fees and/or charges shall be reduced to the maximum amount
permissible under applicable law and any such excess amounts shall be applied towards the Lessee's obligations hereunder. Paragraph
headings are for convenience only, are not part of this Lease and shall not be deemed to effect the meaning or construction of any of
the provisions hereof. In the event there is more than one Lessee named in this Lease, the obligations of each shall be joint and several.
Lessee's obligations under paragraphs 5, 6, 11 and 14 shall survive termination or expiration of this Lease. Any written notice hereunder
Page 6 of 6
to Lessee or Lessor shall be deemed to have been given when delivered personally or deposited with a recognized overnight courier
service or in the United States mails, postage prepaid, addressed to recipient at its address set forth on the first page of this Lease or at
such other address as may be last known to the sender. Lessor may in its sole discretion, accept a photocopy, electronically transmitted
facsimile or other reproduction of this Lease (a "Counterpart") as the binding and effective record of this Lease whether or not an ink
signed copy hereof is also received by Lessor from Lessee, provided, however, that if Lessor accepts a Counterpart as the binding and
effective record hereof, the Counterpart acknowledged in writing above by Lessor shall constitute the record hereof. Lessee represents
to Lessor that the signature that appears on the Counterpart that is transmitted by Lessee to Lessor in any manner described above is
intended by Lessee to authenticate the Counterpart notwithstanding that such signature is electronic, facsimile or a reproduction and
Lessee further agrees that such Counterpart received by Lessor, shall, when acknowledged in writing by Lessor, constitute an original
document for the purposes of establishing the provisions thereof and shall be legally admissible under the best evidence rule and
binding on and enforceable against Lessee. If Lessor accepts a Counterpart as the binding and effective record hereof only such
Counterpart acknowledged in writing above by Lessor shall be marked "Original" and to the extent that this Lease constitutes chattel
paper, perfection of a security interest by possession may only be accomplished by possession of the Counterpart that bears Lessor's ink
signed acknowledgement and is marked "Original." This Lease shall in all respects be governed by, and construed in accordance with,
the substantive laws of the state of Florida. TIME IS OF THE ESSENCE WITH RESPECT TO THE OBLIGATIONS OF LESSEE UNDER THIS
LEASE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LESSEE HEREBY WAIVES ANY RIGHT TO A JURY TRIAL WITH RESPECT TO
ANY MATTER UNDER OR IN CONNECTION WITH THIS LEASE.
Addendum to Equipment Lease
Return and Maintenance Provisions
Wells Fargo Equipment Finance, Inc. | 600 South 4th Street | MAC N9300-100 | Minneapolis, MN 55415
Wells Fargo Equipment Finance, Inc. (“Lessor”) and Hillsborough County Aviation Authority (“Lessee”) hereby amend Equipment
Lease No. 0008638-000 dated as of December 23, 2021 by adding the following:
In addition to, but not in substitution for, the return and maintenance provisions contained in the Equipment Lease, Lessee agrees to
comply with the following maintenance provisions during the Term of the Lease and upon return of the Equipment to Lessor:
Maintenance & Repair:
a. Lessee at all times will maintain the Equipment in a condition and manner suggested by the original manufacturer as
required to validate any warranty.
b. Lessee will use only original manufacturer's approved replacement parts and components in the performance of any
maintenance and repair of the Vehicle.
c. Lessee will maintain current maintenance and repair records for the Vehicle in a useable manner and give to Lessor upon
return of the Vehicle.
d. Lessee will at all times maintain the Vehicle in good operational condition and appearance and cannot discriminate such
maintenance between owned or leased Vehicle.
Return Condition:
a. The Equipment will be in a condition whereby they can be put into revenue service at the original designated function and
capacity. Mileage is limited to 36,000 annual miles. An excess use fee of $.50 per mile will be charged for use exceeding this limit.
b. All tires will be matched by generic type and tread design as when originally delivered, free of cracks, cuts or rips, and with
a minimum of 50% new tire tread remaining.
c. All air and fluid lines will be free of any leaks, cuts and cracks and the controls will operate as designed.
d. The engine will operate to manufacturer's original specifications, will meet current smoke emission standards and will be
free of any fluid leaks.
e. The transmission, clutches and drive train will function properly with no slipping or grabbing.
f. Brakes will hold the Vehicle as specified by original manufacturer without fading. No heat discoloration or warpage on brake
cylinders, disks, wheels or pads, and brakes will have 50% of new pads or shoes thickness remaining.
g. Radiator and cooling system will be free of leaks, punctures or holes and be able to maintain the Trucks in normal operating
temperature range as specified by the original manufacturer.
h. All shocks, springs, air ride suspension and coils will be in good operating condition.
i. All glass will be free of cracks, chips and intact and operational as originally designed.
j. The body will be free of damage and paint will be in good condition.
k. Lessee logos or identification will be removed in a workmanlike manner so as to not detract from the overall paint and
appearance of the coach.
l. The interior will be in good and clean condition. All electronics including radios, Sound Systems, TVs, VCRs, DVDs, GPS,
etc., will be present and functional. There will be no offensive odors.
m. The Lessee will return the Equipment at their own expense to a point, designated in writing, by the Lessor.
In the event of a conflict between the terms of this Addendum and the Equipment Lease, the terms of this Addendum shall
control. Capitalized terms used herein, which are not otherwise defined, shall have the meanings given to them in the
Equipment Lease referenced above.
Except as modified herein the terms and conditions of the Lease remain the same and continue in full force and effect.
Lesssor: Wells Fargo Equipment Finance, Inc. Lessee: Hillsborough County Aviation
Authority
By By
Title Title
THIS ADDENDUM INCLUDES THE TERMS ON THE ATTACHED PAGE(S).
T-RETPROVREQ.0617
Page 1 of 1
Page 1 of 1
Date
Period
Termination
Value
Feb-22
1
$797,011.10
Mar-22
2
$784,591.58
Apr-22
3
$772,122.65
May-22
4
$759,630.12
Jun-22
5
$747,086.73
Jul-22
6
$734,493.56
Aug-22
7
$721,876.44
Sep-22
8
$709,208.11
Oct-22
9
$696,489.62
Nov-22
10
$683,746.83
Dec-22
11
$670,952.47
Jan-23
12
$658,107.56
Feb-23
13
$645,238.00
Mar-23
14
$632,316.50
Apr-23
15
$619,343.87
May-23
16
$606,339.85
Jun-23
17
$593,283.51
Jul-23
18
$580,175.63
Aug-23
19
$567,035.99
Sep-23
20
$553,843.63
Oct-23
21
$540,599.32
Nov-23
22
$527,322.88
Dec-23
23
$513,993.31
Jan-24
24
$500,611.39
Feb-24
25
$487,196.95
Mar-24
26
$473,728.98
Apr-24
27
$460,208.25
May-24
28
$446,654.60
Jun-24
29
$433,047.03
Jul-24
30
$419,386.27
Aug-24
31
$405,692.20
Sep-24
32
$391,943.81
Oct-24
33
$378,141.81
Nov-24
34
$364,306.10
Dec-24
35
$350,415.66
Jan-25
36
$336,471.18
Feb-25
37
$322,492.60
Mar-25
38
$308,458.87
Apr-25
39
$294,370.67
May-25
40
$280,247.97
Jun-25
41
$266,069.70
Jul-25
42
$251,836.53
Aug-25
43
$237,568.46
Sep-25
44
$223,244.39
Oct-25
45
$208,864.99
Nov-25
46
$194,450.26
Dec-25
47
$179,979.13
Jan-26
48
$165,452.22
Feb-26
48
$153,000.00
Termination Value Schedule
Wells Fargo Equipment Finance, Inc. | 600 South 4th Street | MAC N9300-100 | Minneapolis, MN 55415
Contract Number 0008638-000 dated as of December 23, 2021
Lessee: Hillsborough County Aviation Authority
This schedule is subject to change based on the final terms of the transaction. In the event the terms do change, Lessor will provide
a replacement schedule to Lessee. This schedule does not include prepayment terms.
Lessee: Hillsborough County Aviation
Authority
By
Print Name and Title
Page 1 of 1
Verification of Information
Wells Fargo Equipment Finance, Inc. | 600 S 4TH ST | MAC N9300-100 | MINNEAPOLIS, MN 55415
Contract Number 0008638-000 dated as of December 23, 2021
Federal Tax ID #
Email Address: Documentation Contact Name:
Principal Place of Business Address: 4100 George J. Bean Parkway, Tampa, FL 33622
The address stated above is correct. Change the address as stated below.
Street _ City
State Zip Code _
Billing Address: 4100 George J. Bean Parkway, Tampa, FL 33622
The billing address stated above is correct OR Change the billing address as stated below:
Street _ City
State Zip Code _
Equipment Location: 4100 George J. Bean Parkway, Tampa, FL 33622
The equipment will be located at the Equipment Location stated above or at the address shown on the attached Schedule A.
Indicate County the equipment is located in ; or
The equipment will be located at:
Street _ City
State County Zip Code
(If multiple locations, attach a list of equipment by City, State, and County indicating where each piece of equipment is located.)
Sales/Use Tax: (check one)
Subject to sales and use tax. (Tax will be charged based on the type of equipment and on the state in which the
equipment is located.); or
Exempt from sales and use tax, for the following reason:
(YOU MUST REMIT A VALID EXEMPTION CERTIFICATE PRIOR TO FUNDING).
Personal Property Tax: If the Equipment is located in a state or locality that requires reporting of the Equipment on a personal
property tax return, Lessor will report the Equipment, if other than a titled vehicle. Please report any equipment that is a taxable
vehicle with other property you own.
Notice: To help the government fight the funding of terrorism and the money laundering activities, U.S. Federal law
requires financial institutions to obtain, verify and record information that identifies each person (individuals or
businesses) who opens an account. What this means for you: When you open an account or add any additional service,
we will ask you for your name, address and taxpayer identification number that will allow us to identify you. We may
also ask to see other identifying documents.
Customer: Hillsborough County Aviation
Authority
By
Print Name and Title
Page 1 of 1
Pay Proceeds
Wells Fargo Equipment Finance, Inc. | 600 S 4TH ST | MAC N9300-100 | MINNEAPOLIS, MN 55415
In reference to Contract Number 0008638-000 dated as of December 23, 2021, Wells Fargo Equipment Finance, Inc. is irrevocably
instructed to disburse payment as follows:
Payee
Item
Amount
Creative Bus Sales, Inc.
Invoice Numbers:
$749,030.00
TOTAL FINANCED $749,030.00
Dated:
Hillsborough County Aviation Authority
By
Print Name and Title
Page 1 of 1
Delivery and Acceptance Certificate
Wells Fargo Equipment Finance, Inc. | 600 S 4TH ST | MAC N9300-100 | MINNEAPOLIS, MN 55415
Governmental Equipment Lease dated as of December 23, 2021
Name and Address of Lessee:
Hillsborough County Aviation Authority
4100 George J. Bean Parkway
Tampa, FL 33622
Equipment Description: Five (5) New 2021 Starcraft Allstar XL Shuttle Buses - VIN’s 5WEEZC8M6MH172185,
5WEEZC8M8MH172186, 5WEEZC8M3MH172189,5WEEZC8MXMH172190, 5WEEZC8M1MH172191
Equipment Location: 4100 George J. Bean Parkway, Tampa, FL 33622
Delivery and Acceptance Certification:
I am duly qualified and acting as the officer identified below of Lessee; and, with respect to the Governmental Equipment Lease
identified above (collectively, the “Lease”), by and between Lessee and Wells Fargo Equipment Finance, Inc. (“Lessor”), certify that:
1. The equipment described in the Lease (the “Equipment”) has been delivered and installed in accordance with Lessee’s
specifications and has been accepted by Lessee.
2. Lessee has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all rent payments
required to be paid under the Lease during the current fiscal year of Lessee, and such moneys will be applied in payment of all rent
payments due and payable during such current fiscal year.
3. During the Lease term the Equipment will be used by Lessee to perform essential governmental functions. Such functions are:
4. There is no litigation, action, suit or proceeding pending or before any court, administrative agency, arbitrator or governmental
body, that challenges the organization or existence of Lessee; the authority of Lessee or its officers or its employees to enter into the
Lease; the proper authorization, approval and execution of the Lease and other documents contemplated thereby; the appropriation
of moneys, or any other action taken by Lessee to provide moneys, sufficient to make rent payments coming due under the Lease in
Lessee’s current fiscal year; or the ability of Lessee otherwise to perform its obligations under the Lease and the transactions
contemplated thereby.
Delivery and Acceptance Date:
Lessee: Hillsborough County Aviation
Authority
By
Print Name and Title
Page 1 of 1
Insurance
Wells Fargo Equipment Finance, Inc. | 600 S 4TH ST | MAC N9300-100 | MINNEAPOLIS, MN 55415
Contract Number 0008638-000 dated as of December 23, 2021
***VERIFICATION OF INSURANCE COVERAGE MUST BE COMPLETED PRIOR TO FUNDING/CLOSING***
Contact your agent to have a certificate of insurance sent to the attention of Diane Kaiser at
diane.l.kaiser@wellsfargo.com or fax number 877-542-4813.
Name and Address of Lessee:
Hillsborough County Aviation Authority
4100 George J. Bean Parkway
Tampa, FL 33622
Equipment Description: Equipment Description: Five (5) New 2021 Starcraft Allstar XL Shuttle Buses - VIN’s
5WEEZC8M6MH172185, 5WEEZC8M8MH172186, 5WEEZC8M3MH172189, 5WEEZC8MXMH172190,
5WEEZC8M1MH172191
Equipment Location: 4100 George J. Bean Parkway, Tampa, FL 33622
Please complete, sign, and return this form along with your lease documents. In accordance with the provisions of your
lease, insurance coverage is required as follows:
1. PHYSICAL DAMAGE INSURANCE is required against the loss, theft of or damage to the equipment.
The minimum amount of coverage required is $749,030.00
Wells Fargo Equipment Finance, Inc., its successors and assigns (“Lessor”), must be named as Loss Payee.
The amount of the deductible must be stated on the certificate of insurance.
2. AUTO LIABILITY INSURANCE is required for bodily injury and property damage.
The minimum amount of coverage required is $1,000,000.00 combined single limit per occurrence.
Wells Fargo Equipment Finance, Inc., its successors and assigns (“Lessor”), must be named as an Additional Insured.
3. The Physical Damage and Auto policies (the “Policy”), as to the interest of Lessor, shall not be invalidated by any act of omission
or commission or neglect or misconduct of Lessee at any time, nor by any foreclosure or other proceeding or notice of sale
relating to the insured property, nor by any change in the title or ownership thereof or the occupation of the premises for
purposes more hazardous than are permitted by the Policy, provided, that in case Lessee shall fail to pay any premium due
under the Policy, Lessor may, at its option, pay such premium.
4. The Policy may be canceled at any time by either Insurer or Lessee according to its provisions, but in any such case the Policy
shall continue in full force and effect for the exclusive benefit of Lessor for ten days after written notice to Lessor of such
cancellation and shall then cease.
5. The Underwriter/Carrier of the policy must have an AM Best Rating of A- or higher.
6. Reference Contract Number 0008638-000 on all policies.
LESSEE TO COMPLETE THE FOLLOWING:
Physical Damage and Auto Liability Insurance
Insurance Company Policy Number Deductible
Agency Name Agent Name
Email Address Phone Number_ Fax Number
By signing below Lessee hereby authorizes its agent to adjust its insurance coverage to comply with the above requirements and to
forward a certificate of insurance evidencing such coverage to Lessor.
Acknowledged and Agreed:
Lessee: Hillsborough County Aviation
Authority
By
Print Name and Title
Page 1 of 1
Titled Equipment Agreement
and Acknowledgement
Wells Fargo Equipment Finance, Inc. | 600 S 4TH ST | MAC N9300-100 | MINNEAPOLIS, MN 55415
Contract Number 0008638-000 dated as of December 23, 2021
Name and Address of Customer:
Hillsborough County Aviation Authority
4100 George J. Bean Parkway
Tampa, FL 33622
Equipment Description: Five (5) New 2021 Starcraft Allstar XL Shuttle Buses - VIN’s 5WEEZC8M6MH172185,
5WEEZC8M8MH172186, 5WEEZC8M3MH172189, 5WEEZC8MXMH172190, 5WEEZC8M1MH172191
The Equipment must be titled as follows:
Owner Name & Address:
Wells Fargo Equipment Finance, Inc.
600 South 4th Street
MAC N9300-100
Minneapolis, MN 55415
PLEASE NOTE: The legal name of the Customer must be used on all title applications or documentation submitted to
the State for titling purposes. AS AN EXCEPTION, the title may include the doing business as (“DBA”) or trade name. If the DBA
or trade name is to be listed on the certificate of title, the legal name must appear first followed by the DBA name or trade name
(i.e. John Doe dba John Doe’s Trucking).
In addition, Co-Borrowers’ certificate(s) of title must include both Borrowers’ names as Owners with the word “AND” between their
names. The word “OR” is unacceptable and must be corrected at the Titling Party’s expense.
Party Responsible for Titling:
Customer will personally submit title work to state for processing
Dealer will submit title work to state for processing
Titling agency or other third party will submit title work to state for processing
Contact information for Titling Party:
Name _ _
Street _
City State Zip Code
Phone: _ Fax: Email Address: _
By signing below, I agree (1) to title the Equipment as set forth above; (2) that even if not personally submitting the title work to
state, I am responsible for ensuring that the Titling Party designated above will apply for title(s) immediately upon disbursement of
funds; (3) I have confirmed that the current party holding the original title(s) or Certificate(s) of Origin for the titled equipment
referenced above will deliver them to my designated Titling Party immediately upon funding; and (4) Titling Party agrees to send a
copy of the processed title application receipt as endorsed by the applicable State to the address set forth below within thirty
business days of funds being disbursed:
Wells Fargo Equipment Finance, Inc.
Attn: Title Administration Dept.
600 South 4th Street
MAC N9300-100
Minneapolis, MN 55415
Customer: Hillsborough County Aviation
Authority
By
Print Name and Title
Page 1 of 1
Invoice
Wells Fargo Equipment Finance, Inc. | 600 S 4TH ST | MAC N9300-100 | MINNEAPOLIS, MN 55415
To: Hillsborough County Aviation Authority
4100 George J. Bean Parkway
Tampa, FL 33622
DATE OF INVOICE: December 23, 2021
Takedown T3-3761808931 / - DUE IN ADVANCE
CONTRACT NO.
DESCRIPTION
CONTRACT
PAYMENT
SALES/USE
TAX
OTHER
CHARGES
AMOUNT DUE
0008638-000
Advance Payment
Florida Documentary Tax
Documentation Fee
21,175.00
$2,450.00
$350.00
$15,108.38
$2,450.00
$350.00
TOTAL DUE
$17,908.38
WIRE TO:
ABA#: 121000248
Swift Code: WFBIUS6S
Bank Name: Wells Fargo Bank, N.A.
Account#: 0000010313
Account Name: Wells Fargo Equipment Finance, Inc.
Phone Advise: WFEF Customer Service 1-866-726-4714
REMIT TO: Wells Fargo Equipment Finance, Inc.
600 South 4th Street
MAC N9300-100
Minneapolis, MN 55415
Exhibit B
Manufacturer’s Warranties
Exhibit B, Manufacturer’s Warranties
Hillsborough County Aviation Authority
Leasing of Diesel Buses Page 1 of 1
CONTRACT
The Manufacturer’s Warranties shall accrue to the benefit of the Authority. The Manufacturer’s
Warranties referenced herein shall be in addition to any contractual remedies set forth in this
Contract, and in addition to any and all other statutory remedies or warranties imposed on the
Company for the benefit of the Authority.
Uncontrolled When Printed
Form 751-02-02 – Page 1 of 1
NOTICE
STARCRAFT COMMERCIAL BUS WARRANTY
Please return the warranty registration card to register the warranty with STARCRAFT BUS so that Starcraft Bus may record your rights
under this limited warranty and to assure prompt assistance. Your dealer will provide the warranty card for you to sign. If you do not
remember signing a STARCRAFT BUS warranty card at the time of delivery, please contact your dealer.
1. Who Warrants the product
The product, as described and limited here, is warranted by the manufacturer and installer of the body: STARCRAFT BUS, Division
of Forest River, Inc., hereinafter referred to as STARCRAFT BUS, 2367 Century Drive, Goshen, IN; an Indiana Corporation; and is
administered by the STARCRAFT BUS Customer Service Dept., Goshen, Indiana 46528.
2. Who Is Covered
STARCRAFT BUS, the warrantor, extends this limited warranty to the original owner of the vehicle during the WARRANTY PERIOD.
3. What Is Covered
STARCRAFT BUS, your warrantor, extends the following limited warranty to you, which limited warranty covers your conversion only as
to material defects in all materials and workmanship supplied by or performed by STARCRAFT BUS.
4. Warranty Period
The STARCRAFT BUS limited warranty is for a period of one (1) year from the date of first delivery or 12,000 miles for the Xpress;
Starquest; Starlite; Allstar; Allstar XL; MVP; Ultrastar, and the XLT, whichever occurs first, except for other coverages listed under “Other
Warranties that may Apply” and items listed under “Exclusions and Limitations” and “Limits of the Warranty.”
5. Extended Warranty on Structural Items
Warrantor warrants to the original purchaser for a period of five (5) years from the date of first delivery or 100,000 miles, whichever comes
first, that this produce shall be free of SUBSTANTIAL DEFECTS arising out of or relating to the structural portion of the product. THIS
STRUCTURAL WARRANTY IS INTENDED TO COVER ONLY THE PERFORMANCE OF THE STEEL CAGE STRUCTURE OF THE
BUS BODY for the Xpress; Starquest; Starlite; Allstar; Allstar XL; MVP; Ultrastar, and the XLT.
Custom paint and/or tape application, if performed by STARCRAFT BUS, is warranted to be free of substantial defects in workmanship
and materials provided by STARCRAFT BUS for one (1) year (12 months) from date of original purchase.
6. Other Warranties That May Apply
STARCRAFT BUS does not warrant the base vehicle itself. The vehicle engine, chassis, drive train, suspension system, battery, and
other chassis components are covered by a separate warranty offered by the manufacturer of the vehicle and administered by the
manufacturer’s authorized dealers. The tire manufacturer separately warrants tires. Examples of other manufacturer warranties , which
may include the following, but not limited to:
• Electrical Components
• Air Conditioning and Heater(s)
• Wheelchair Restraints and Wheelchair Lifts
For a complete list of items and their respective warrantor, please contact Starcraft Bus Customer Service Department.
7. Owner’s Responsibility
Proper maintenance and cleaning of the exterior and interior of the vehicle is the responsibility of the owner. See the owner’s
manual for proper care instructions. Defects or damage as a result of improper care or maintenance are not covered by the warranty.
8. Exclusions and Limitations
Damage caused by abuse, misuse, neglect, failure to observe reasonable and required maintenance practices, acid rain, accidents,
natural disasters, acts of war and normal wear and tear and facing of fabrics, carpeting and/or fiberglass are not covered. Light bulbs and
fuses are not covered.
Damage or deterioration to the physical appearance of the unit if such damage is the result of normal use, wear and tear, or exposure to
the elements.
Damages that may occur to the chassis, frame, other parts or components that occur due to overloading will not be covered and may
invalidate portions of the STARCRAFT BUS warranty.
Cosmetic or surface corrosion resulting from stone chips or scratches in paint are not covered.
STARCRAFT BUS does not cover accessories covered by their own manufacturer’s warranties. Those items listed in paragraph 6 above
are not covered or warranted by STARCRAFT BUS.
Uncontrolled When Printed
Form 751-02-02 – Page 2 of 2
Replacement parts provided under terms of the warranty will whenever possible, match original equipment. When necessary,
STARCRAFT BUS will substitute parts of comparable function and value. Defective items may be replaced with new, remanufactured,
reconditioned or repaired components.
Modifications, alterations or repairs performed by unauthorized personnel may invalidate portions of the STARCRAFT BUS warranty.
In addition, USING THIS VEHICLE TO TOW ANOTHER VEHICLE IS PROHIBITED AND MAY VOID WARRANTY. Contact STARCRAFT
BUS Customer Service before you make any changes.
9. Recovery Limitations
NO PERSON SHALL BE ENTITLED TO RECOVER FROM WARRANTOR FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES
ARISING OUT OF OR RELATING TO ANY DEFECT IN THE PRODUCT. These limitations include, but are not limited to, loss of time;
loss of use; loss of revenues, salaries or commissions; towing charges; bus fares; car rentals; gasoline expenses; telephone charges;
inconvenience or other incidental damages.
10. How to get warranty service
To obtain warranty service, contact or visit the dealership where you originally purchased your vehicle or another warranty service facility
designated by STARCRAFT BUS. Have the dealership contact Starcraft bus Customer Service Department for authorization to have a
warranty claim submitted. If you or your dealer has moved, or if your dealer is no longer in business, contact STARCRAFT BUS Customer
Service Department (see address and telephone numbers below) for the name of a STARCRAFT BUS dealer nearest you. Your claim
must be made within 30 days of the discovery of the defect. Based on the determination of STARCRAFT BUS, and subject to the terms
of the warranty, the warranty repair work will be authorized by STARCRAFT BUS.
All warranty claims must be reported within the warranty period. Warranty personnel must authorize all warranty service prior to perfor-
mance. Warranty service may be reported directly to the warrantor or to one of their authorized dealers. If warranty personnel approve
warranty service, you must leave the unit at the appropriate warranty service location for a sufficient time to perform service.
11. Who Performs Warranty Service
The best place to obtain warranty service is at the dealership where you originally purchased your bus. If the dealership cannot
perform the service work, they should call STARCRAFT BUS Customer Service Department for assistance (see number below). If you are
unable to visit your original dealer, contact STARCRAFT BUS Customer Service Department (address below) for the name and location
of a STARCRAFT BUS dealer near you.
12. Dispute Resolution
Should you be unable to resolve a disagreement with your dealer regarding your right to pursue warranty coverage for a needed
repair, contact the STARCRAFT BUS Customer Service Department (see address below). If a dispute about warranty service arises
between STARCRAFT BUS and you, the owner, the disagreement will be resolved in accordance with the customary procedures of the
American Arbitration Association relating to commercial transactions, or the dispute will be submitted to a panel of three (3) arbitrators for
decision. The panel will be made up of one member appointed by STARCRAFT BUS, one member appointed by the complainant/owner,
and one member from the arbitrators group mentioned above. Any and all legal remedies shall be available to the owner after pursuing this
informal dispute resolution if a ruling is entered against STARCRAFT BUS and STARCRAFT BUS fails to abide by the ruling.
The expenses of arbitration will be paid by the party against whom the arbitrator(s) rule.
13. Limits Of Warranty
This written statement of limited warranty represents the entire warranty authorized and offered by STARCRAFT BUS. There are no
warranties or representations beyond those expressed in this written document. Any dealership, salesperson or agent cannot amend
it. It expressly limits all warranties, including, but not limited to, by way of specification, both express and implied warranties, including
warranties or merchantability and fitness for a particular purpose along with all other liabilities or obligations of STARCRAFT BUS.
FEDERAL COMPLIANCE
THE TERMS OF THE WARRANTOR’S UNDERTAKING EXPRESSED IN THIS LIMITED WARRANTY ARE DRAFTED TO COMPLY
WITH THE MAGNUSEN MOSS WARRANTY LEGISLATION, P.L. 93-637 OF 1974, AND OTHER APPLICABLE LAW. ANY WARRANTY
PROVISIONS PROMULGATED BY THE FEDERAL TRADE COMMISSION PURSUANT TO RULES OR ANY OTHER LAW RELATIVE
THERETO ARE EXPRESSLY INCORPORATED HEREIN. TO THE EXTENT ANY PROVISIONS OF THIS LIMITED WARRANTY ARE
INCONSISTENT WITH STATE LAWS, ONLY THOSE PARTS INCONSISTENT ARE VOID.
STARCRAFT BUS
Division of Forest River, Inc.
CUSTOMER SERVICE DEPT.
2367 Century Drive
Goshen, IN 46528
Phone: 800.348.7440
Fax: 574.642.4853
CTS-3306C
Printed in the USA Page 1 of 2 CTS-3306B Revised 4/2019
Public
OBTAINING SERVICE
Return this vehicle to any IC Bus Dealer authorized to service this model
vehicle and engine.
DISCLAIMER
NO WARRANTIES ARE GIVEN BEYOND THOSE DESCRIBED HEREIN. THIS WARRANTY IS
IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. THE COMPANY
SPECIFICALLY DISCLAIMS WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ALL OTHER REPRESENTATIONS TO THE USER/PURCHASER,
AND ALL OTHER OBLIGATIONS OR LIABILITIES. THE COMPANY FURTHER EXCLUDES
LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES, ON THE PART OF THE
COMPANY OR SELLER. No person is authorized to give any other warranties or to assume any
liabilities on the Company's behalf unless made or assumed in writing by the Company; and no
other person is authorized to give any warranties or to assume any liabilities on the seller's behalf
unless made or assumed In writing by the seller.
RECORD OF OWNERSHIP
Upon receipt of new vehicle by original owner, complete the following:
I have read this Warranty Brochure and fully understand the warranty coverage, and the limitations
and exclusions. I acknowledge that I have received a copy of the Owner's Limited Warranty and I
accept the terms described herein.
________________________________ ____________________________________
Customer Signature Date
________________________________ ____________________________________
Owner’s Address City State/Prov Postal Code
________________________________ ____________________________________
Bus Model Vehicle Identification Number
________________________________ ____________________________________
Engine Number Engine Serial Number
________________________________ ____________________________________
Date Delivered to User (DTU) Odometer Reading at Delivery
IMPORTANT: The information contained in this Warranty Policy explains the coverage provided
on your new IC Bus™ brand vehicle. This policy should be kept in the vehicle for presentation to
the Dealer when you request warranty services.
Any provisions of this Limited Warranty that are prohibited or not enforceable in any jurisdiction
shall be, as to such jurisdiction, ineffective to the extent of such prohibition or non-enforceability
without invalidating the remaining provisions hereof, and any such prohibition or non-enforceability
in any jurisdiction shall not invalidate or render non-enforceable any such provisions in any other
jurisdiction.
All claims under this Limited Warranty must be submitted in writing to an authorized IC Bus dealer
within the warranty period as stated herein. If you have questions regarding this Limited Warranty,
contact IC Bus Dealer. To locate nearest dealer, visit the IC Bus website, www.ICBus.com.
EFFECTIVE WITH VEHICLES BUILT JANUARY 02, 2018 OR LATER
LIMITED WARRANTY FOR BUS MODELS TC SERIES (PC515)
Integrated Cut Away Bus ID)
IC Bus, LLC warrants to the original purchaser (the “Purchaser”) that IC Bus, LLC brand buses
and component parts thereof are, at the time of purchase, free from defects in material and
workmanship and will remain free from such defects under normal use after delivery to the
Purchaser as provided herein. Warranty shall begin at the time of delivery unless otherwise
approved by IC Bus, LLC. The delivery limitations as set forth herein shall run from the date of
delivery to the Purchaser in the United States of America and Canada. The remedy available
under this Limited Warranty is non-cumulative in nature and is limited to repair or replacement at
IC Bus, LLC option of the bus or component parts thereof that are returned to locations approved
by IC Bus, LLC transportation charges prepaid, and which IC Bus, LLC examination disclosed to
its satisfaction to be defective. IC Bus, LLC, at its option, will repair or replace any part of this
vehicle which proves defective in material and/or workmanship in normal use and service, with
new or ReNEWed parts, for the first 12 months or unlimited miles, from new vehicle delivery date,
regardless of distance traveled. Exceptions are listed below under What Is Not Covered.
This warranty is automatically transferred to subsequent owners at no charge. Visit your local IC Bus
Dealer for name and address change information.
COMPONENT COVERAGE
The components described below are given additional warranty coverage of variable time periods and
distance traveled limitations, as shown in the Warranty Coverage Schedule.
1. Frame Side Rails and crossmembers
2. Cab/Cowl Structure. The Cab/Cowl is warranted against perforation due to corrosion, except for
perforation caused by industrial chemicals and/or corrosion caused by use in a corrosive industrial
environment.
3. Navistar Diesel Engine Coverage includes: Engine block, cylinder heads, internally
lubricated components fuel pump, high pressure pump, turbocharger, water pump, air
compressor, injectors/nozzles; electronic engine modules, engine relays, engine sensors and
regulators required for electronic engine operation, and certain aftertreatment components.
Excluding: attaching accessories (e.g., fan clutch, alternator, starter, etc.), and externally
mounted electrical and filtration systems
4. Spicer front & rear axles and propeller shaft, when used with Allison transmission; excluding brakes,
wheel ends axle shafts, controls & attachments.
THE PROVISIONS HEREOF CONSTITUTE THE EXCLUSIVE AND COMPLETE WARRANTY BY IC BUS, LLC
ON IC BUS™ BRAND BUSES AND COMPONENT PARTS THEREOF MANUFACTURED BY IT, OR
APPROVED BUS BODY CONTRACT MANUFACTURERS AND IS IN LIEU OF ALL OTHER OBLIGATIONS
OR LIABILITIES OF IC BUS, LLC WHETHER EXPRESS OR IMPLIED.
Note: The customer has 365 days and up to a maximum of 100,000 miles (160,000 km) from DTU
(delivery to end user) to purchase an extended warranty on the unit. For extended warranty
purchases between 181 and 365 days from DTU and <100,000 miles (160,000 km).
Remedies Under State or Provincial Law: Any suit for breach of this Limited Warranty must
be initiated within one year after breach. Some States and Provinces do not allow the exclusion
or limitation of incidental or consequential damages, so the above limitation or exclusion may
not apply to the owner. This warranty gives the owner specific legal rights, and he may also
have other legal rights which may vary by state or province.
CTS-3306C
Printed in the USA Page 1 of 2 CTS-3306B Revised 4/2019
Public
Items Covered
Months Miles/Km (000)
WHAT IS NOT COVERED cont.
REPAIRS:
Maintenance-related items/repairs or those as a result of normal wear and tear, including
tune-ups, brake/clutch lining, windshield wiper blades, tire balancing, lubrication and other
similar procedures/parts required to keep vehicle in good working condition.
To any part of the vehicle subjected to misuse, negligence, improper maintenance, improper
operation, or which are the result of an accident.
Fade, runs, mismatch or damage to paint, trim items, upholstery, chrome, polished surfaces,
etc., resulting from environmental causes, improper polishes, cleaners or washing solutions,
or chemical and industrial fallout.
In which power train, propshaft and suspension sales guidelines (specifications) are not strictly adhered
to by all owners and operators of this vehicle.
OTHER:
Vehicles sold and/or operated outside the United States and Canada.
Vehicles/components that have had unauthorized alterations or modifications.
Vehicles on which the odometer reading has been altered.
Loss of time or use of the vehicle, loss of profits, inconvenience, or other consequential
or incidental damages or expenses.
Replacement of defective parts with parts other than those provided by IC Bus, LLC.
This warranty does not apply, or include coverage for defects attributable to the following:
(a) Damage resulting from: (i) misuse, abuse, accident, neglect, negligence, vandalism, fire,
riot, war, or Acts of God;
(b) (ii) Structural or other modifications or alteration without prior express written
authorization by IC Bus, LLC; (iii) Repair or attempted repair by unauthorized persons;
(iv) Replacement of original components with substitutes without prior express written
authorization by IC Bus, LLC; (v) Failure to perform routine preventative maintenance as
customarily accepted within the industry or failure to provide proof of such preventative
maintenance having been performed; (vi) Exposure to corrosives, contaminants,
chemicals, salt, irradiation or atmospheric or environmental conditions; (vii) Usage or
loading in excess of recommended capacities or in non-standard applications, including
off-road.
(c) Fading or discoloration of paint, lettering or decals.
Revised 4/1/2019
Telematics Data Disclosure
Your Navistar vehicle may include an activated telematics subscription service. By accepting this Limited
Warranty you consent to our collection and use of data from your vehicle as set forth at
www.oncommandconnection.com on behalf of yourself and any vehicle operators and passengers. Navistar,
Inc. or its affiliates will collect and send diagnostic and system data from your vehicle and use it for various
purposes as further set forth in our Privacy Policy, posted at www.oncommandconnection.com, such as
improving the uptime for your vehicle, improving our vehicles in the future, and reducing warranty events.
If you choose not to allow Navistar to access your data, you may suspend your subscription at
www.InternationalTrucks.com/Opt-Out
BASIC VEHICLE COVERAGE
Basic Vehicle Warranty 12 Unlimited
Towing (Non-Engine) 90 Days Unlimited
BASIC CHASSIS / CAB COVERAGE
Frame Side Rails 60 100/160
Cab/Cowl Structure 60 100/160
Cab/Cowl Perforation Corrosion 60 100/160
Brightwork, Chassis and Paint Corrosion (other than cab) 6 Unlimited
Cab Paint Delamination 60 100/160
ENGINE *
+Cummins Engines, Contact Cummins
DRIVETRAIN**
Spicer - 3 Part Drivetrain (Front & Rear Axles, Propeller Shaft,
When Used With Allison Transmission Only)
48 50/80
Meritor Axles 48 75/120
* Emission Coverage: Refer to engine operator’s manual for emission coverage.
**Drivetrain:
Allison Transmissions products or Transynd lubricants and fluids are not covered under this
warranty. For warranty information, see: www.allisontransmission.com/publications/
For specific Eaton/Fuller Warranty coverage, see supplier information: www.roadrangerwarranty.com
For extended component warranty:
www.roadranger.com/Roadranger/warranty/ExtendedWarranty/index.htm
For Eaton Hybrid system warranty:
www.roadranger.com/Roadranger/warranty/ExtendedWarranty/Hybrid/index.htm
WHAT IS NOT COVERED
AFTER THE FIRST 90 DAYS FROM DELIVERY TO USER (DTU):
Correction of loose fasteners, squeaks, rattles and unusual noises.
Towing (vehicles with non-engine failures only).
Adjustments (e.g., headlights, brake/clutch adjustments, steering system adjustments, coolant
levels).
COMPONENTS / ITEMS:
Warranted by their respective manufacturers (e.g., non Navistar brand engines, tires & tubes,
Allison Transmissions, lubricants, etc.)
Bodies, equipment and accessories installed by other than authorized IC Bus employees at IC
Bus manufacturing plants.
Front and rear axle alignment.
Front & Rear axle coverage excludes brakes, wheel ends, axle shafts, controls & attachments.
Exhibit C
Schedule of Maintenance
Exhibit C, Schedule of Maintenance
Hillsborough County Aviation Authority
Leasing of Diesel Buses Page 1 of 1
CONTRACT
Company will recommend to Authority a preferred company to provide preventative maintenance and
repairs throughout the Term of this Contract. Company will provide a preventative maintenance plan.
A. Preferred Preventative Maintenance/Repair Company
Sun State Bus
B. Preventative Maintenance
1. Preventative maintenance will be performed in accordance with Manufacturer’s Warranties
schedule and the schedule of maintenance included herein.
C. Repairs
1. Company will coordinate the pick-up and return of Bus(es) for off-site repairs at the sole
cost and expense of Company.
All Buses taken off-site for repairs will be subject to inspection and acceptance by Authority or its
Authorized Agent.
MaintenanceIntervalsandSpecications
LubricationandMaintenanceIntervalChartSymbolsKey
SymbolIntervalDenition
AAinterval:10,000miles(16,000km)/
300hours/6months
BBinterval:20,000miles(32,000km)
/600hours/12months
LubricationandMaintenanceIntervalChartNotes
NOTE1:Useahand-pumpedgreasegunforoptimalgrease
distributionwithinthecomponentjoint.
NOTE2:LubricateKingpinthrustwasherswithvehicleweight
ontires.Kingpinsandkingpinbushingsmustbelubricated
withweightoffofthewheelsandtires.
NOTE3:CertainservicesareperformedatSpecialIntervalsor
inadditiontoAorBServicewhentheintervaldictates.
LubricationandMaintenanceInterval:Bus–CE(Diesel)
SystemItemIntervalsSpecialInterval(3):miles(km)/hours/months
Pre-TripInspectionPre-tripinspectionItemslistedinSection2–CheckAll
WheelBearing-OilType–CheckLevelA,B
AxleU-bolts–RetorqueAtrst1,000miles(1,600km)thenevery36,000
miles(58,000km)thereafter
DragLink–Lubricate(1)A,B
KingpinsandBushings–Lubricate(1,2)A,B
ShockAbsorbers–InspectA,B
SuspensionFasteners/Components–CheckA,B
TieRodEnds–Lubricate(1)A,B
WheelBearings–CheckEnd-playB
WheelBearing-GreaseType–Repack30,000(48,000)/–/6
FrontAxle
WheelBearing-OilType(includingsynthetic)–ChangeOil96,000(60,000)/–/6
MaintenanceIntervalsandSpecications
LubricationandMaintenanceInterval:Bus–CE(Diesel)(cont.)
SystemItemIntervalsSpecialInterval(3):miles(km)/hours/months
ABSSensors-ReseatA,B
Alternator-Starter-Battery–CheckB
Electricallinesroutingandclipping(linesarenottangled,
crimpedorpinchedorrubbingagainstsurfaces);not
splicedortaped;insulationnotcut,cracked,chafedor
worn.–Inspect
B
EngineStartandGauge/WarningLights–CheckA,B
InstrumentReadingsProper–CheckA,B
Electrical
PowerDistributionCenter:Corrosionthroughoutcaseand
onpinsoffusesandbreakers–Inspect
B
PowerSteeringFilter–Replace500,000(800,000)/1,5000/60
PowerSteeringFluid–Change40,000(64,000)/–/12
PowerSteeringFluid–CheckLevelA,B
SteeringGear–Lubricate
A,B
ATTN:Installgreaseslowlyatlowpressure.Power
greasegunsmayblowoutseals.
SteeringIntermediateShaftU-Joints/SlipJoint–LubricateA,B
SteeringSystem–CheckTightnessA,B
Steering
SteeringIntermediateShaftU-Joints–Retorque60,000(96,000)/1,500/24
DriveShaftSPLU-Joints–Lubricate;SlipJointBoot–InspectB
DriveShaftNon-booted
SlipJoint
U-JointsandSlipJoint–Lubricate
5,000(8,000)/–/3
MaintenanceIntervalsandSpecications
LubricationandMaintenanceInterval:Bus–CE(Diesel)(cont.)
SystemItemIntervalsSpecialInterval(3):miles(km)/hours/months
AirCompressorDischargeLine–Checkblockage50,000(80,000)/1,500/24
AirDryerDesiccant–Replace
AD–9Model:250,000miles(400,000km)/–/24
OtherModels:125,000miles(200,000km)/–/12
AirDryerHeater&PurgeValve–CheckAD-IP:12;AD-9:24
AirT anks(all)–DrainWaterA,B
AirWetTank–DrainWaterA,B
BrakeChamberRodTravel–CheckA,B
GovernorCut-in/Cut-outPressure–CheckA,B
LowAirPressureWarningAlarm–CheckA,B
ParkingBrakeOperation–CheckA,B
Rotors/Drums,Calipers,Chambers,Hoses,etc–Check
forwear/damage
A,B
S-CamBushings–LubricateA,B
ServiceBrakesOperation–CheckA,B
Brakes–Air
Shoes–CheckforwearanddragA,B
MaintenanceIntervalsandSpecications
LubricationandMaintenanceInterval:Bus–CE(Diesel)(cont.)
SystemItemIntervalsSpecialInterval(3):miles(km)/hours/months
BrakePedalHoldsPressure–CheckA,B
Discs,Calipers,Lines,etc–Checkforwear/damageA,B
HydraulicBrakeFluid–ChangeEvery2yearsfromthedateofmanufacturing
MasterCylinderCap–CheckVentforObstruction
NOTE:Ifobstructionisobserved,replacecap.
A,B
MasterCylinder–CheckFluidLevelA,B
ParkingBrakeCable–CheckconditionA,B
ParkingBrakeOperation–CheckA,B
PowerSteering–CheckA,B
Brakes–Hydraulic
ServiceBrakesOperation–CheckA,B
Coolant–CheckLevelA,B
CoolantFilter(ifequipped)–Replace150,000(241,000)/6,000/30
ExtendedLifeCoolant–AddExtender
ExtendedLifeCoolant–Replace
RefertoEngineOperationandMaintenanceManual
FanBlade/Shroud–CheckDamage/ContactA,B
FanClutch–CheckA,B
CoolingSystem
Radiator&ChargeAirCooler(CAC)Fins–Checkfor
Blockage
A,B
MaintenanceIntervalsandSpecications
LubricationandMaintenanceInterval:Bus–CE(Diesel)(cont.)
SystemItemIntervalsSpecialInterval(3):miles(km)/hours/months
NOTE:ForvehiclesequippedwithCummins
®
Bengines,refertoCumminsQuickServe
®
Online,yourCumminsEngineOperation
Manual,orcontactacertiedCumminsrepairlocationforspecicenginemaintenanceintervals,capacities,andinstructions.
AirFilter–CheckRestriction
AirFilter–Replace
AirInductionSystem–Checklooseness/leaks
EngineOilLevel–Inspect
EngineOilandFilter(s)–Replace
FanBelt–Inspect
FanBeltAutoTensioner–Inspect
FuelFilter–DrainSedimentBowl(I-6only)
FuelFilter–DrainSeparatedWater
FuelFilter–Replace
Engine
ValveLashAdjustment(I-6only)
RefertoEngineOperationandMaintenanceManual.
FuelSender,HoseConnections–Checkforloose
connectors
12months
FuelT ank(s)–Drainandush12months
FuelTank
FuelT ank–DrainWaterB
DieselExhaustFluid(DEF)SupplyModuleFilter–Replace200,000(322,000)or6,500hours
DieselParticulateFilter(DPF)–ServiceRefertoEngineOperationandMaintenanceManual.
ExhaustSystem
Pipes/DieselOxidationCatalyst/DieselParticulateFilter/
Mufer–Inspectforleakage/looseness
A,B
MaintenanceIntervalsandSpecications
LubricationandMaintenanceInterval:Bus–CE(Diesel)(cont.)
SystemItemIntervalsSpecialInterval(3):miles(km)/hours/months
AutomaticTransFluid–CheckLevelA,B
AutomaticTransFluidFilter(s)–ReplaceAllison1000PTS–Spin-OnControlMainlterwith
anyuid,rst5,000(8,000)/–/–
WithmixedconventionalandSyntheticTransuid
forMainorLube/Auxlter–every50,000(80,000)/
–/24
WithSyntheticTransuidonlyforMainorLube/Aux
lter–every50,000(80,000)/–/24
Allison2000–controlslterwithanyuidtypeAt
rst5,000(8,000)/200/–andthenevery50,000
(80,000)/–/24thereafter
AllisonMDMainFilterwithanyuidtypeAtrst5,000
(8,000)/200/–andthenregularintervalthereafter
AutomaticTransFluidFilter(s)–Replace(Continued)AllisonMDMainFilterandLubeFilterwith
conventionalorconventional/syntheticmixeduid
every25,000(40,000)/1,000/12
AllisonGoldMDMainandLubeFilterswithfactory
lledsyntheticuidevery150,000(241,000)/4,000/
48
ConventionalorConventional/SyntheticMixedAutomatic
TransFluid–Replace
AllisonMD–25,000(40,000)/1,000/12
Allison1000PTS–50,000(80,000)/–/24
Allison2000–50,000(80,000)/–/24
Transmission
Factory-lledSyntheticNon-MixedAutomaticTransFluid
–Replace
Allison1000PTS–100,000(160,000)/–/48
Allison2000–100,000(160,000)/–/48
AllisonMD–150,000(240,000)/4,000/48(Allison
GOLDFILTERSrequired)
MaintenanceIntervalsandSpecications
LubricationandMaintenanceInterval:Bus–CE(Diesel)(cont.)
SystemItemIntervalsSpecialInterval(3):miles(km)/hours/months
NeutralStartSwitch–CheckFunction
A,B
Transmission(Cont.)
ShiftSelector/Linkage–CheckFunctionA,B
AxleFlangeNuts–RetorqueB
AxleU-bolts–RetorqueAtrst1,000miles(1,600km)thenevery36,000
miles(58,000km)thereafter
RearAxleWheelEnds–Inspectforleaks,lubelevel/
condition,andcheckendplaywithdialindicator.
100,000(160,000)/–/12Alsoatbrakeliningservice
Ifwheelendplayisfoundtobeoutsidethe0.001
in.to0.005in.specication,orlubeconditionis
contaminatedorlow,thenperformafullwheelend
teardown.Inspectbearings,spindle,andspindle
nutsforexcessivewearandreplaceasnecessary.
RearAxleWheelEnds–Fullteardowninspectionofall
wheelendcomponents,regardlessofconditionoflubeand
wheelbearingendplay.
800,000(500,000)/–/60
RearAxleWithPetroleumOil–Change
60,000(96,000)/–/12
RearAxleWithSyntheticOil–ChangeDana
®
Spicer
®
:180,000(288,000)/–/36
Meritor:250,000(400,000)/–/36
RideHeight–CheckB
RearAxle
StableRideSuspensionFasteners/Components–CheckA,B
MaintenanceIntervalsandSpecications
LubricationandMaintenanceInterval:Bus–CE(Diesel)(cont.)
SystemItemIntervalsSpecialInterval(3):miles(km)/hours/months
AirPressure–CheckA,B
SpinBalanceAttimeoftiremounting
WearandCondition–CheckA,B
Tires/Wheels
WheelStudNuts–RetorqueA,B
AcceleratorPedal–CheckFunctionA,B
AirConditioner(Optional)–CheckPerformanceB
AllSeatBaseBoltsB
Body–Checkloose,damaged,missingpartsA,B
BodyMountingBolts–InspectTightness1monthor1,500miles(2,414km)andthen3
monthsor3,000miles(4,828km)thereafter
Chassis–Checkforloose,damaged,missing,partsA,B
EntryDoor–CheckOperationA,B
EmergencyWindowsSlides–LubricateEvery12months
EmergencyDoors/ExitsandBuzzers–CheckA,B
FluidLeaks–CheckA,B
Headlights,Bright/Dim/Daytime–CheckA,B
HeaterHosesandConnections–CheckCondition12months
NOTE:SeeHeaterandCoolantHoseInspection
andReplacementGuideinthissectionfor
additionalinformation.
InspectandCleanStepWellandAllOtherHeaterCores
andBlowerAreas
A,B
NOTE:Forunitswithoutlter,morefrequent
cleaningmayberequired.
Body/Components
MaintenanceIntervalsandSpecications
LubricationandMaintenanceInterval:Bus–CE(Diesel)(cont.)
SystemItemIntervalsSpecialInterval(3):miles(km)/hours/months
LightsInterior/Exterior–CheckA,B
OptionalComponentsAsEquipped–CheckA,B
PostTripInspectionFeature–CheckA,B
RoofHatch(es)–CheckOperationA,B
SafetyEquipmentAsEquipped–CheckA,B
SeatBelt(s)Bolts–CheckOperation/ConditionA,B
StepWellandAllHeaterCoreAirFilters–Inspect/Clean
orReplace
A,B
UndercoatingInspectionInspecttheundercoatingofschoolbuses
annuallyandrecoatasrequired.
Body/Components
(Cont.)
Warninglights,StopArm(s),CrossingGate,Entrancedoor
/WarninglightsInteraction–Check
A,B
MaintenanceIntervalsandSpecications
UnitRellCapacities
AirConditionerRefrigerant
Seeairconditionermanufacturer’sService/OperatorManual
foraftermarketbusA/Csystemspecications.
Axle-Rear
AxleAxleLubeCapacitiesPints(Liters)
Dana
®
Spicer
®
S11-130,S14-130,
S16-130,
16(7.5)
Dana
®
Spicer
®
17060S,19060S,
21060S,23060SH
28(13.2)
Meritor
MS-17-14X-3DFL,
MS-19-14X-3DFL,
MS-21-14X-3DFL,
33.6(15.9)
MeritorRS-23-16039.5(18.7)
CoolingSystemRellCapacities
Coolingsystemcapacitiesvarygreatlyduetovariationsinbus
length,numberofheatersandenginemodel.T otalcapacitymay
rangefrom9-15gallons.
•ForvehiclesequippedwithNavistar
®
N9orN10engines,
llwitha50/50mixtureofShellRotella
®
ExtendedLife
Coolant(ELC)(RED)concentrateanddemineralized
ordistilledwater,ShellRotella
®
ELC50/50Premix
(RED),Fleetrite
®
NOATELC(RED)concentrateand
demineralizedordistilledwater,orFleetrite
®
NOATELC
50/50Premix(RED).
•ForvehiclesequippedwithCummins
®
B6.7engines,
llwitha50/50mixtureofShellRotella
®
ExtendedLife
Coolant(ELC)(RED)concentrateanddemineralizedor
distilledwater,orShellRotella
®
ELC50/50Premix(RED).
Ifthesystemhasbeenushedwithwaterorcleaner,asignicant
amountoftherinsewaterwillremaininthesystem.Inthis
caserellingwithamixturewithahigherpercentage(60to
66%)ofcoolantconcentrateisadvisedinordertoachieve
analmixturecloserto50/50.Fillthesystemandrunthe
vehicleuntilthethermostatopens.Beforeaddinganyuid,
checkthecoolantconcentrationandaddadditionalwateror
concentratedundilutedcoolanttoadjusttheconcentration.Run
thevehicleandretestforcoolantvolumelevel(settoMAXline)
andconcentrationlevel.
MaintenanceIntervalsandSpecications
DieselExhaustFluidTank
DieselExhaustFluid(DEF)tankrellcapacityvariesdepending
onthevehiclemodels.Itstotalcapacitymayrangefrom7to23
gallons(26-87literss).Thetankistypicallylocatedontheright
sideofthebusbehindanaccessdoor.
EngineCrankcase
Forspecicenginecrankcasecapacitiesrefertoseparate
EngineOperationandMaintenanceManualprovidedwith
vehicle.
NOTE:ForvehiclesequippedwithCummins
®
B6.7engines,
refertoCumminsQuickServe
®
Online,yourCummins
EngineOperationManual,orcontactacertiedCummins
repairlocationforspecicenginemaintenanceintervals,
capacities,andinstructions.
PowerSteeringSystems
SteeringGear
PowerSteeringFluidVolume
(pints/liters)
M-1008.4/3.9*
TAS407.4/3.5*
TAS668.4/3.9*
THP457.4/3.5*
PowerSteeringSystems(cont.)
SteeringGear
PowerSteeringFluidVolume
(pints/liters)
THP608.4/3.9*
*Approximaterellquantity,refertopowersteeringreservoirfor
properllmarks.
Transmission
TransmissionModel
TransmissionFluid
VolumesPints(Liters)
AllisonAutomatic–1000PTS5Speed38(18)*
AllisonAutomatic–B–3005Speed29(14)*
Allison5SpeedAutomatic–1000PTS38(18)*
Allison5SpeedAutomatic–2100PTS38(18)*
Allison5SpeedAutomatic–2200PTS38(18)*
Allison5SpeedAutomatic–2500PTS38(18)*
Allison5SpeedAutomatic–2550PTS38(18)*
Allison5SpeedAutomatic,Schooland
ShuttleBus–3000PTS
58(27)*
*Approximaterellquantity(lessthaninitialllsinceaportionofthe
useduidremainsinexternalcircuitsandtransmissioncavities).
Checkatoperatingtemperatureandtopoffasrequired.
MaintenanceIntervalsandSpecications
TireandRimCombinations
ApprovedTireandWheelCombinations
TireSizeRimWidth
9R22.56.75,7.50
10R22.56.75,7.50
11R22.57.50,8.25
12R22.58.25,9.00
225/70R19.56.75
235/80R22.56.75,7.50
ApprovedTireandWheelCombinations(cont.)
TireSizeRimWidth
245/70R19.56.75,7.50
255/70R22.56.75,7.50,8.25
265/70R19.56.75,7.50,8.25
275/80R22.57.50,8.25
295/75R22.58.25,9.00
315/80R22.59.00
MaintenanceIntervalsandSpecications
LubricantandSealerSpecications
LubricantandSealerSpecications
ComponentComponentVendor/LubricationTypeViscosity/AmbientTemperature/Notes
Non-drivingFrontAxle
Eaton
®
/Dana
®
axle(generic)75W:-40°Fto-15°F(-40°Cto-26°C)
75W-80:-40°Fto80°F(-40°Cto27°C)
75W-90:-40°Fto100°F(-40°Cto38°C)
75W-140:-40°Fandabove(-40°Candabove)
80W-90:-15°Fto100°F(-26°Cto38°C)
80W-140:-15°Fandabove(-26°Candabove)
85W-140:-12°Candabove(10°Fandabove)
FrontAxleWheelBearing
Oil
Eaton
®
/Dana
®
axle:multipurposeExtreme
Pressure(EP)gearlubeofAPIGL-5quality
meetingMIL-PRF-2105Especsincluding
*syntheticlubricants.
*Donotmixconventionallubewith
syntheticlube.
75W:-40°Fto32°F(-40°Cto0°C)
75W-90:-40°Fto100°F(-40°Cto38°C)
75W-140:-40°Fandabove(-40°Candabove)
80W:-15°Fto70°F(-26°Cto21°C)
80W-140:-15°Fandabove(-26°Candabove)
90W:10°Fto100°F(-12°Cto38°C)
85W-40:10°Fandabove(-12°Candabove)
140W:40°Fandabove(4°Candabove)
MaintenanceIntervalsandSpecications
LubricantandSealerSpecications(cont.)
ComponentComponentVendor/LubricationTypeViscosity/AmbientTemperature/Notes
Meritor:SyntheticfromfactorywithCognis
Emgard
®
75W-90willhaveatagattached
tollplugthatreadsasfollows:Filledwith
syntheticlube.Donotmix.
75W-90 FrontAxleWheelBearing
Oil−(Cont)
Meritor:Petroleum
0-76-AHypoidGearOil
0-76-DHypoidGearOil
0-76-EHypoidGearOil
0-76-JHypoidGearOil
Petroleumoil:engineoilAPI-CF2
85W-140:10°Fandabove(-12°Candabove)
80W-90:-15°Fandabove(-26°Candabove)
75W-90:-40°Fandabove(-40°Candabove)
75W:-40°Fto36°F(-40°Cto2°C)
SAE40or50:10°Fandabove(-12°Candabove)
SAE30:-15°Fandabove(-26°Candabove)
FrontAxleWheelBearing
Grease,TieRodEnds,
DragLink,Kingpinand
Bushing
Eaton
®
/Dana
®
axle,Meritoraxle:Fleetrite
®
NLGI#2LithiumComplexBased
MolybdenumGreaseP/N991044C2or
equivalentGC/LBNLGI#2multi-purpose
lithiumcomplexgrease
NOTE:Eaton
®
/Dana
®
andMeritorEasySteeraxles:Withchassis
loadonaxle,forcegreasethroughthrustbearings;thenwithaxle
liftedclearofoor,forcegreasebetweenkingpinandbushing
surfaces.
Brakes
BrakeFluidDOT3Brakeuid
BodyComponents
EmergencyWindow
Slides
WD-40SpecialistDirt&DustResistant
DryLubePTFESprayorequivalentPTFE
lubricant
MaintenanceIntervalsandSpecications
LubricantandSealerSpecications(cont.)
ComponentComponentVendor/LubricationTypeViscosity/AmbientTemperature/Notes
Engine
EngineLubricatingOilRefertoEngineOperationandMaintenanceManual
EngineLubricatingOil–
Cummins
®
B6.7Engines
only
NOTE:ForvehiclesequippedwithCummins
®
B6.7engines,refertoCumminsQuickServe
®
Online,your
CumminsEngineOperationManual,orcontactacertiedCumminsrepairlocationforspecicengine
maintenanceintervals,capacities,andinstructions.
Electrical
Terminals–Lubricant
SealingGrease
Fleetrite
®
472141-C1
Connectors–Dielectric
Grease
NYOGEL
®
760G
Steering
Strg.GearRossTAS–
OutputSeal–Lubricate
Fleetrite
®
LithiumComplexBasedMoly
greaseP/N991044C2orequivalentGC/
LBNLGI#2Multi-purposeLithiumComplex
grease
Strg.IntermediateShaft
U–Joints/SlipJoint
–Lubricate
Fleetrite
®
NLGI#2LithiumComplexBased
MolygreaseP/N991044C2orequivalent
GC/LBNLGI#2Multi-purposeLithium
Complexgrease
MaintenanceIntervalsandSpecications
LubricantandSealerSpecications(cont.)
ComponentComponentVendor/LubricationTypeViscosity/AmbientTemperature/Notes
Approved(PowerSteeringFluids)
ATFFluid(Approvedfor
UseinPowerSteering
System
Fleetrite
®
P/NFLTPSDX3Q(MPAPSB-6822
Specication)orEquivalent(MustMeet
TES389/DexronIIISpecication)
-40°Fto92°F(-40°Cto35°C)
PowerSteeringFluid
Fleetrite
®
PowerSteeringFluidP/N
FLTPSF32(MPAPSB-6811Specication)
-24°Fto90°F(-33°Cto32°C)
EngineOil(Approvedfor
UseinPowerSteering
System
Fleetrite
®
P/NFLTL15W40G(MPAPSB-21
Specication)orEquivalentAPICK-4
15W-40MotorOil
18°Fto108°F(-10°Cto43°C)
NOTE:ThepowersteeringsystemislledwithATFuidatthefactory.
CAUTION
Topreventcomponent/system/propertydamage,ONLYuseuidtypeslisted.
NOTE:Certainuidtypesmaybebettersuitedforuseinyourvehicle,dependentongeographiclocationandtemperature.Itis
recommendedtousetheAmbientTemperatureslistedabovetodeterminewhatuidbesttstheapplicationoftheuser’seetorvehicle.
NOTE:Thesametypeofapprovedpowersteeringuidthatispresentinthesystemmustbeusedwhentoppingoff.Whenswitchingto
anotherapprovedpowersteeringuidtype,thepowersteeringsystemmustbedrainedandushedpriortorell.
MaintenanceIntervalsandSpecications
LubricantandSealerSpecications(cont.)
ComponentComponentVendor/LubricationTypeViscosity/AmbientTemperature/Notes
DriveShaft
U-Joint–LubricateFleetrite
®
NLGI#2LithiumComplexBased
MolygreaseP/N991044C2orequivalent
GC/LBNLGI#2Multi-purposeLithium
Complexgrease
Clutch
ReleaseBearing/Shafts/
Fork–Lubricate
Fleetrite
®
NLGI#2LithiumComplexBased
MolygreaseP/N991044C2orequivalent
GC/LBNLGI#2Multi-purposeLithium
Complexgrease
CoolingSystem
CoolantRefertoEngineOperationandMaintenanceManual
MaintenanceIntervalsandSpecications
LubricantandSealerSpecications(cont.)
ComponentComponentVendor/LubricationTypeViscosity/AmbientTemperature/Notes
Transmission
AllEatonTransmissionsSyntheticTransmissionOil:Emgard
®
MTF
7000meetingEatonPS-386
Alltemperatures
Eaton
®
/Dana
®
(Non
–Synchronized)-Fill/
Change
(Lubricantsarelistedin
orderofpreference)
MineralGearOilAPI-GL-1(Rustand
OxidationInhibited)Fleetrite
®
P/N
991061C1
PetroleumOil:EngineOilAPI-CJ,orCI
SAE90:Above0°F(-18°C)
SAE80:Below0°F(-18°C)
SAE50:Above0°F(-18°C)
SAE40:Below0°F(-18°C)
*EPGearOilsarenotrecommendedforuseinmanualtransmissions.
SyntheticOil:SyntheticSAE50Manual
TransmissionOilMeetingAPIMT-1
Fleetrite
®
P/N991884C1
SAE50:Alltemperatures
Eaton
®
Fuller
®
UltraShift
®
WetClutch(Synthetic):Castrol
®
TranSynd
®
orTES-295
GearBox:EmGard
®
2979
Alltemperatures
SAE50:Alltemperatures
Eaton
®
/Dana
®
(Synchronized)–Fill/
Change
(Lubricantsarelistedin
orderofpreference)
MineralGearOilAPI-GL-1(Rustand
OxidationInhibited)Fleetrite
®
P/N
991061C1
PetroleumOil:EngineOilAPI-CJ,orCI
SAE90:Above10°F(-12°C)
SAE80:Below10°F(-12°C)
SAE50:Above10°F(-12°C)
SAE40:Below10°F(-12°C)
Eaton
®
/Dana
®
(Synchronized)–Fill/
Change
SyntheticOil:SyntheticSAE50Manual
TransmissionOilMeetingAPIMT-1
Fleetrite
®
P/N991884C1
SAE50:Alltemperatures
SyntheticOil:APIMT-1*SAE50:Alltemperatures
MaintenanceIntervalsandSpecications
LubricantandSealerSpecications(cont.)
ComponentComponentVendor/LubricationTypeViscosity/AmbientTemperature/Notes
*Donotusemulti-weightandGL-5EPgearoilsbecausetheymaycausetransmissionfailureordamage.
Allison–Synthetic
AutomaticTransmission
Fluid(ATF)Fill/Change
(optimal-recommended)
Fleetrite
®
SyntheticATF(P/N:
FATF27101Q),orAllison/Castrol
®
TRANSYND
®
syntheticATF,oruids
meetingAllisonTES295specication.
ApprovedSyntheticATFSupplierWebsite:
http://www.allisontransmission.com/home/
Alltemperatures.Recommendedforhighesttransmissiondurabilityand
lowestmaintenancecosts.
Allison–Conventional
AutomaticTransmission
Fluid(ATF)Fill/Change
MeetstherequirementsforAllison
TES389specication.Approved
ConventionalATFSupplierWebsite:
http://www.allisontransmission.com/home/
Below-13°F(-25°C)preheatisrequired
RearAxle
SinglespeedGearoilmeetingMIL-PRF-2105E,API
MT-1,GL-5
75W:-40°Fto-15°F(-40°Cto-26°C)
75W-80:-40°Fto80°F(-40°Cto27°C)
75W-90:-40°Fto100°F(-40°Cto38°C)
75W-140:-40°Fandabove(-40°Candabove)
80W-90:-15°Fto100°F(-26°Cto38°C)
80W-140:-15°Fandabove(-26°Candabove)
85W-140:10°Fandabove(-12°Candabove)
MaintenanceIntervalsandSpecications
LubricantandSealerSpecications(cont.)
ComponentComponentVendor/LubricationTypeViscosity/AmbientTemperature/Notes
International
®
axle:multipurposeEP
gearlubeofAPIGL-5qualitymeeting
MIL-PRF-2105EorSAEJ2360specs
includingsyntheticlubricants.
75W:-40°Fto32°F(-40°Cto0°C)
75W-90:-40°Fto100°F(-40°Cto38°C)
75W-140:-40°Fandabove(-40°Candabove)
80W:-15°Fto70°F(-26°Cto21°C)
80W-140:-15°Fandabove(-26°Candabove)
90W:10°Fto100°F(-12°Cto38°C)
85W-140:10°Fandabove(-12°Candabove)
140W:40°Fandabove(4°Candabove)
Meritor:SyntheticfromfactorywithCognis
Emgard
®
75W-90willhaveatagattached
tollplugthatreadsasfollows:Filledwith
syntheticlube.DoNotMix.
Singlespeed−Continued.
Meritorpetroleum:
0-76-AHypoidGearOil
0-76-BHypoidGearOil
0-76-DHypoidGearOil
0-76-EHypoidGearOil
0-76-LHypoidGearOil
GL-5,SAE85W-140:Above10°F(-12°C)
GL-5,SAE85W-140:Above-15°F(-26°C)
GL-5,SAE80W-90:Above-15°F(-26°C)
GL-5,SAE75WMaxoutsidetemp.35°F(2°C):Above-40°C(-40°F)
GL-5,SAE75W-140:Above-40°F(-40°C)
MaintenanceIntervalsandSpecications
TorqueSpecicationCharts
DiscWheelsTorqueChart
SpeciedTorque
StudSizeNutSizelb-ftN•m
22mmFlangeNut–33mmAcrossFlats450-500610-678
NOTE:Donotuselubricationondrythreads.Whereexcessivecorrosionexists,alightcoatoflubricantonrstthreethreadsof
studboltispermitted.Keeplubricantawayfrom:
•Hexnut
•Flangenutwashersurfaceandatondiscwheel.
SteeringColumnBoltsTorqueChart
SpeciedTorque
BoltType
lb-ftN•m
7/16-2070-7595-102
MaintenanceIntervalsandSpecications
AxleU-BoltNutTorqueChart
Torque
FeatureCodeRearSuspensionCapacityandType
lb-ftN•m
14SBK19,800-lbCapacity,2StageVari-Rate260-300353-407
14SBW21,000-lbCapacity,V-Rate,with4,500-lbAuxiliarySpring260-300353-407
12,000-lbCapacity,InternationalAirSuspension(IROS)foraxles14ADN,
14ADP ,14AJC,14AJE,14ATP ,and14ATR.
260-300353-407 14TBG
12,000-lbCapacity,InternationalAirSuspension(IROS)forallotheraxles.370-400502-542
15,500-lbCapacity,InternationalAirSuspension(IROS)foraxles14ADN,
14ADP ,14AJC,14AJE,14ATP ,and14ATR.
260-300353-407 14TBH
15,500-lbCapacity,InternationalAirSuspension(IROS)forallotheraxles.370-400502-542
23,000-lbCapacity,InternationalAirSuspension(IROS)foraxles14ADN,
14ADP ,14AJC,14AJE,14ATP ,and14ATR.
260-300353-407 14TBT
23,000-lbCapacity,InternationalAirSuspension(IROS)forallotheraxles.260-300353-407
14VAB13,500-lbCapacity,RR,Springs,Vari-Rate,with4,500-lbAuxiliaryRubberSpring260-300353-407
14VAC15,500-lbCapacity,RR,Springs,Vari-Rate,with4,500-lbAuxiliaryRubberSpring260-300353-407
14VAD18,500-lbCapacity,RR,Springs,Vari-Rate,with4,500-lbAuxiliaryRubberSpring260-300353-407
14VAM10,000-lbCapacity,RR,SteelSprings260-300353-407
14VAN9,000-lbCapacity,RR,SteelSprings260-300353-407
NOTE:Forallothervendorsuppliedsuspensions,refertovendor'sWebsiteforpropertorquespecications.
3ADA8,000-lbCapacity,ParabolicT aperLeaf260-300353-407
3ADB10,000-lbCapacity,ParabolicT aperLeaf260-300353-407
3AGZ7,000-lbCapacity,ParabolicT aperLeaf260-300353-407
MaintenanceIntervalsandSpecications
WiperArmTorqueChart
SpeciedTorque
lb-ftN•m
WiperPivotM20Hex
Nut
2128
SeatBaseBolts
SpeciedTorque
lb-ftN•m
AllSeatBaseBolts16to2021.7to27
FilterList
Filterpartnumbersand/orspecicationsmaychangeduringthe
life-cycleofthisvehicle.Currentinformationontheappropriate
chassisandengineltersforyourvehiclecanbeobtainedby
contactingyourlocalInternationaldealerpartsdepartment.If
youneedassistancendingalocalInternationaldealer,usethe
DealerLocatoriconatwww.icbus.com.
