Item Q6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21. 2004
Division: Clerk's Office
Bulk Item: Yes X No
AGENDA ITEM WORDING: Consideration by the Board to rescind approval for MCHD to
lease space through BOCC for the Health Care Center located at DePoo Hospital and related
interagency agreement regarding lease payments. Lease is for a 2-year term with multiple
one-year renewal options.
ITEM BACKGROUND: Item (01) was approved at the November 19, 2003 Board meeting,
but never received by the Clerk for execution. MCHD has been advised by LKMC.HMA that a
line needed to be added on the liability insurance. County Attorney's Office advised that we do
not know what these changes are and whether they will pass legal or risk management.
DIVISION DIRECTOR APPROVAL:
J)~ f.. ~ oJJ">...~...: LJ-
Da L. Kolhage, Clerk - ~O
DOCUMENTA TION:
Included X To Follow
Not Required _
AGENDA ITEM NO. ..Q1..a
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 11/19/2003
Bulk Item: Yes XXX No_
Division:
Monroe County
Deparbnent: Health Department
AGENDA ITEM WORDING: Approval for MCHD to lease space through BaeC for the
Health Care Center located at DePoo Hospital and related Interagency agreement
regarding lease payments. Lease is for a 2-year term with multiple one-year
renewal options.
ITEM BACKGROUND: See Attached Documents
PREVIOUS RELEVANT BOCCACTION: N/A
CONTRACT/AGREEMENTCHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
$0.00
BUDGETED: Yes N/A No
SOURCE OF FUNDS: Me Hearth Dept
COST TO COUNTY:
$0.00
REVENUE PRODUCING: Yes
No X
AMOUNT PER MONTH
YR
APPROVED BY: County Atty _
OMS/Purchasing ~
~ ~ ,..---,~
Steve Mason, ~cting Director, MCHD
Risk Management ~
DMSION DIRECTOR APPROVAL:
DOCUMENTAnON:
"1 ~" 0
3-
Included
X
To Folfow
Not Required
DIsPosmON:
AGENDA ITEM # O/'
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Lower Kevs Medical Center/BOCC/MCHD
Effective Date:_1 _1_
Expiration Date:--! _1_
Contract Purpose/Description: Monroe County Health Department has nee:ociated a lease with the
Lower Kevs Medical Center for soace at the DePoo HosDital Building located at 1200 Kennedy Drive.
Interae:encv agreements provide that MCHD is Dennitted to use County lJurchasing Drocedures. Two
Documents are attached. One for the lease between the Lower Kevs Medical Center and Monroe
County BaCC and the other is an agreement between Monroe County BOCC and the Monroe County
Health Department which defines pavment resoonsibility.
Contract Manager: Bill Sneer - Facilities Manae:er (293-7537) Monroe County Health DeDt. StOD 2
(Name) (Ext.) (Dcpartment)/(Courier Stop #)
for BOCC meeting on 11/19/2003
Agenda Deadline: 11/04/2003
CONTRACT COSTS
Total Dollar Value of Contract: $ 0.00.. Current Year Portion: $ 0.00
Budgeted? Yes NI A No Account Codes:_
Grant:S
County Match: $
o
Estimated Ongoing Costs: $ 0.00
(Not included in dollar value above)
ADDITIONAL COSTS
Iyr For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
**Monroe County Health Department has budgeted fee and will pay the monthly lease.
Division Director
CONTRACT REVIEW
Changes
Date In Needed Reviewer
Yes No /
l~f~li~ ( ) (II{ -<;f;; ~
I.,LI1Jq) ( ) (~' r
IL..2t 65( ) (,) ~
-Ill 'JfI./I.l ( ) (Y .
Date Out
-
lQ...~~
'.0 ~.J (J~
J.Lt-2j~
/(/1;)/1 dJ
Risk Management
O.M.B./Purchasing
County Attorney
Comments:
OMB Fonn Revised 8/19199
MemornndumofA~eement
THIS AGREEMENT is entered the day of , 2003, by and between The
Florida Department of Health - Monroe County Health Department (MCHD) and the Board of
County Commissioners of Monroe County (County).
WHEREAS, the MCHD has a negotiated lease with the Lower Keys Medical Center for clinic
space in the DePoo Hospital Building; and
WHEREAS, the MCHD is permitted to use County purchasing procedures; and
WHEREAS, in conformity with prior years practice, the lease was written with the County as
the Lessor; and
WHEREAS, MCHD provides services for the health, welfare and benefits of the residents of
Monroe County;
NOW THEREFORE, in consideration of the mutual covenants and promises below, the parties
agree to the following provisions:
1. The MCHD will take full responsibility for lease payments and all other obligations
and responsibilities of County under the lease.
2. The lease between Lower Keys Medical Center and County is incorporated herein by
reference.
3. The signatories below are authorized to execute this document on behalf of their
respective governmental agencies.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this
instrument for the purpose herein expressed, the day and year above written.
Signed, sealed and delivered in the presence of:
Monroe County Health Department (Seal
By: (Seal
Lessor
(Witnesses)
ATTEST:
Board of County Commissioners,
Monroe County. FL
(Seal
By:
By:
(Seal
Lessee
COMMERCIAL LEASE AGREEMENT - DEPOO HOSPITAL
THIS AGREEMENT is made and entered into as of the _ th day of August, 2003, by
and between Key West HMA d/b/a, Lower Keys Medical Center, 5900 College Road, Key West,
FL 33040, party of the first part, hereinafter referred to as "Lessor and/ or Landlord", and
Monroe County Board ofCounty Commissioners, party of the second part, hereinafter referred
to as "Lessee and or Tenant."
WITNESSETH:
1. Leased Premises and Term:
Lessor does hereby rent and lease to the Lessee the following described property,
hereinafter referred to as premises, to wit: Medical Office "A" and "B" at DePoo Hospital, 1200
Kennedy Drive, 2,336 square feet and 272 square feet respectively Key West, Florida for a term of 2
year, beginning on the 19th day of August, 2003, and ending midnight on the 18th day of
August, 2005.
Lessee will give written notice of its intention to exercise an option to renew in
successive periods of 1 year.
Either party may terminate this Agreement without cause upon thirty (30) days
written notice to the other party, except that early cancellation may not be exercised to
renegotiate compensation.
Lessor does understand that Lessee will need to terminate this lease if public
funding is cut off from the State of Florida.
2. Rental:
The annual rent for the term of this lease shall be the rental sum of $12,000 per year.
-P The Lessee shall pay the Lessor the annual rental sum as herein provided in equal monthly
installments on the last day of each calendar month during the term without deduction or
set-off. Provided, that the rental for any partial month shall be prorated and paid in on the
last day of such partial month falling within the term of this lease. In addition, Lessor will
receive credit for a charitable contribution for the difference between the fair market value
of the lease space and the annual sum of rental payments. See Exhibit A.
3. Utilization of the Premises:
The parties hereto understand and agree that the premises may be used by Lessee as
a private medical office, clinic, or outpatient healthcare facility receiving services from
Lessee and other related and incidental medical purposes; provided, however the premises
Revised January, 2001
Commercial Lease Agreement - DEPOO HOSPITAL
Monroe County Department of Health
8/16/03
Page 2
shall not be used for any illegal purposes, nor in violation of any valid regulation of any
governmental body, nor in any manner to create a nuisance or trespass, nor in any manner
to cancel the insurance or increase the rate of insurance on the premises. Lessor represents
and warrants to Lessee that the premises are zoned for the Lessee's intended uses.
4. Repairs:
Lessee accepts the premises in its present condition and as suited for the use
intended by the Lessee. The Lessor shall not be required to make any repairs or
improvements on the premises except on written notice from the Lessee of any defect to the
walls, electrical/ heating systems, or roof rendering same unsafe or untenantable for the
purpose for which the premises are leased. Lessor shall also be responsible for any
improvements to the exterior or internal structure of the building containing the leased
premises if required by a governmental authority having jurisdiction over the leased
premises. All additional requirements for a healthcare facility, if any, will be the
responsibility of the Lessor. Lessee shall give to the Lessor prompt written notice of any
accident to or any defects in the said premises and such damage or defects shall be
remedied with due diligence by the Lessor at his own expense.
5. Insurance:
Lessor shall and will, at its own cost and expense during the term of this rental
agreement, keep the premises insured against loss or damage by fire and other casualties,
for not less than the amount the premises were last assessed for the purpose of taxation.
Said insurance shall be placed with solvent, incorporated insurance companies licensed to
do business in the State of Florida. Landlord shall furnish Tenant with Certificates or other
acceptable evidence that such insurance is in effect.
6. Surrender of Premises:
Lessee shall permit the Lessor and the agents and employees of Lessor to enter into
and upon the demised premises at all reasonable times for the purpose of inspecting the
same without any liability to Lessee for any loss of occupation or quiet enjoyment of the
premises thereby occasioned and shall permit Lessor and Lessor's agents and employees, at
any time within the last thirty (30) days prior to the expiration of this lease or any renewal
thereof to place on the demised premises any usual or ordinary "to let" or "to lease" signs
and exhibit the premises to prospective tenants at reasonable hours.
Revised January 2001
2
Commercial Lease Agreement - DEPOO HOSPITAL
Monroe County Department of Health
8/16/03
Page 3
7. Liability:
Lessee hereby agrees to assume liability for and to defend, hold harmless and
indemnify the Lessor from any judgment, claim, demand, financial loss or expense
(including attorney's fees) arising out of, or as a result of, the use of the premises by the
Lessee or Lessee's invitees, or anyone under Lessee's control or acting as Lessee's agent,
servant or contractor.
8. Utilities:
Lessee shall pay all bills for telephone service. If Lessee does not pay, Lessor may
pay said bills and such payments may be added to the rental of the premises. Lessor shall
pay all bills water, gas, electricity, fuel, heat and power for that portion of the premises
used by the Lessee. All other expenses not covered herein shall be the responsibility of
Lessor.
9. Waste and Nuisance:
The Lessee shall not commit, or suffer to be committed, any waste upon the said
premises, or any nuisance, or any other act or thing which may disturb the peace and quiet
enjoyment of any other tenant in the area in which the demised premises may be located.
10. Surrender of Possession:
At the termination of this lease, or any renewal thereof, Lessee shall surrender
premises and keys thereof to Lessor in the same condition as at commencement of the
lease, natural wear and tear only excepted.
11. Removal and Replacement of Fixtures:
Lessee may (if not in default hereunder) prior to the expiration of this lease or any
renewal thereof, remove all fixtures, and equipment which Lessee has placed on the
premises, provided Lessee restores premises to the same or equivalent condition as existed
at the installation of said fixtures (less reasonable wear and tear). Any fixtures not
removed shall become a part of the premises, at Lessor's option, and Lessor shall not be
liable to Lessee for the value of such improvements, or Lessor may remove the fixtures,
restore the premises and hold Lessee responsible for the cost thereof.
Revised January 2001
3
Commercial Lease Agreement - DEPoo HOSPITAL
Monroe County Department of Health
8/16/03
Page 4
12. Destruction of Premises:
If the leased premises are substantially destroyed by fire, flooding, windstorm, or
other casualty, this lease shall terminate immediately and the parties shall have no further
obligation to continue the lease.
If the leased premises are partially damaged and repairs can be promptly made
within 120 days or less, the lease term and duty to pay rent shall be suspended, Lessor shall
make repairs, and, on completion of same, the lease suspension shall cease and Lessee shall
reoccupy the premises and initiate the rental payment, pro-rated on a daily basis for the
number of days remaining in the month when suspension of payments ceased.
13. Subletting:
The Lessee may, without the prior written consent of Lessor, assign or sublet this
lease or a portion thereof so long as such assignee or subtenant shall use the premises for
the purposes covered in paragraph 3 above. Subtenants or assignees shall become liable
directly to Lessor for all obligations of Lessee hereunder, without relieving Lessee of any
liability created hereby.
14. Taxes and Assessments:
Landlord, during the said term of this rental agreement, agrees, and covenants to
pay, satisfy and discharge, as they become due, all assessments, taxes, levies and other
charges, general or special, of whatever nature and kind, which are or may be levied,
assessed, imposed and charged upon the premises herein demised and rented.
15. Janitorial Services and Landscape Maintenance:
The Lessor shall be responsible for all janitorial services relating to the leased
premises. Lessor shall be responsible for maintaining the landscape and parking facilities
appurtenant to the leased premises.
16. Modification by Lessee:
Any improvements or building modifications to the leased premises by the Lessee
must be approved in writing by the Lessor.
Revised January 2001
4
Commercial Lease Agreement - DEPoo HOSPITAL
Monroe County Department of Health
8/16/03
Page 5
17. Definitions:
"Lessor" as used in this lease shall include first party, and Lessor's assigns and
successors in title to the premises; "Lessee" shall include second party, Lessee's heirs and
representatives and shall include also Lessee's assignees and sublessee if this lease shall be
validly assigned or sublet. Lessor, Lessee and Agents shall include male and female,
singular and plural, corporation, partnership, or individual, as may fit the particular
parties.
18. Amendment/ Governing Law/Attorney's Fees:
This lease shall be governed by the laws of the State of Florida and shall not be
modified or amended in any manner whatsoever except by written instrument signed by
the Lessor and Lessee. In the event of any litigation by any party to enforce or defend its
rights and duties under this agreement, the prevailing party shall be entitled to recover
reasonable attorney's fees and costs.
19. Approval:
This lease agreement shall not be binding on Tenant until Lessee's Board of County
Commissioners and Lessor's Executive Vice President and Legal Counsel have approved it.
20. Entire Agreement:
This agreement represents the entire agreement of the parties and all
representations, understandings, negotiations and statements exchanged by the parties are
merged into and shall be superseded by the terms and conditions set forth herein.
Revised January 2001
5
Commercial Lease Agreement - DEPoo HOSPITAL
Monroe County Department of Health
8/16/03
Page 6
21. Notices:
Any notices to be served on Lessee shall be sent via certified mail or hand delivery
(receipt requested) to: Bill Speer, Facilities Manager
Monroe County Health Department
1100 Simonton Street
PO Box 6193
Key West, FL 33041
Nicki Will, PHD
Lower Keys Medical Center
5900 College Road
Key West, FL 33040
22. Further Stipulations:
Insofar as the following special stipulations conflict with any of the foregoing
stipulations, provisions, terms, conditions, covenants and agreements, the following shall
control: ,J fA
Revised January 2001
6
Commercial Lease Agreement - DEPoo HOSPITAL
Monroe County Department of Health
8/16/03
Page 7
WITNESS:
LANDLORD:
By:
By:
WITNESS:
TENANT:
By:
By:_
CORPORATE APPROV AL:
Jon P. Vollmer
Executive Vice President of Operations
General Counsel's Office
E HUlTON
SUZA . rrORNEY
"'SS'ST"'HIfp!flo -
0.,.-
Revised January 2001
7