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HomeMy WebLinkAbout08/21/2002 Lease Agreement ( LEASE AGREEMENT ( FOR NON - PROFIT ORGANIZA nONS This Lease Agreement ("Lease") is made and entered into this 21 sf day of August, 2002, between Monroe County, a political subdivision of the State of Florida, whose address is 11 00 Simonton Street, Key West, FL. 33040 (Lessor/County), and the Rural Health Network of Monroe County, Florida, Inc" (Lessee). Whereas, the County and State of Florida, Department of Juvenile Justice, whereby there was reserved from the property described in Exhibit A, the second story in the Detention Facility Building, pursuant to a Lease Amendment dated August IS, 2001 and an original Land Lease Agreement dated July 8, 1999 and a Construction and Occupation Agreement (with a third party, the Monroe County Sheriff's Office), dated November 20, 2001; and Whereas the story may be utilized by the Lessor (or its designees, contractors, or agents) for any lawful public purpose; and Whereas, Lessee wishes to utilize space for the purpose of providing dental care services for the underserved public of Monroe County; now therefore, The County and the Lessee agree as follows: 1. DEMISE AND PREMISES For good and valuable consideration, the County hereby leases to the Lessee an area approximately 775 square feet of useable space, located on the second floor of the Juvenile Justice Building at 5503 College Road, Stock Island, Key West, Florida. Said area is depicted as "the premises" on a sketch of the second floor, said sketch being attached hereto as Exhibit B. 2. TERM A. Subject to and upon the terms and conditions set forth herein, this Lease shall continue in force for a term of five years commencing as of the ~ day of October, 2002 and ending on the 30th day of September, 2007. B. The County shall have the option to renew this agreement after the first term and each succeeding term for two additional five-year term periods. 3. RENT A. The Lessee shall promptly pay the County, in advance, the sum of $1.077,25 per month on or before the 1 st of each month. Rent is calculated by the rate structure of $16,00 per square foot per year (approved by the Monroe County Board of County Commissioners at their 7/26/00 meeting) plus the CPI-U of2.6% for July 2001, and 1.6% as of April 2002, for a current rate of $16,68 per square foot per year. Rent shall be made payable to Monroe County and paid to the Clerk located at the Monroe County Courthouse, 500 Whitehead Street, Key West, FL. 33040. B. The rental amount agreed to herein may be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI- U) for the most recent twelve (12) months available. 4. UTILITIES AND MAINTENANCE The rental amount shall be inclusive of utilities, maintenance and janitorial services. 5. COMMON AREAS A. Elevators, stairs, parking areas within fenced perimeter, grounds within fenced perimeter, and walkways shall constitute the Common Areas. The Common Areas of the building are for the joint use of the Department of Juvenile Justice (DJJ), the Monroe County Sheriff's Office (MCSO), and the County, as well as their officers, employees, agents and invitees including any operator or Lessee of DJJ, MCSO, or the County. Any and all such persons shall use the common areas in a reasonable, orderly, and sanitary manner in cooperation with all other occupants and their officers, employees, agents and invitees, B. Each tenant will conduct itself and will cause its officers, employees, agents, and invitees to conduct themselves with full regard for the rights, convenience, and welfare of all other occupants in the facility, 6. UNAUTHORIZED USE Lessee shall, through its agents and employees, prevent the unauthorized use of the leased premises or the common areas, or any use thereof not in conformance with this Lease. The Lessee shall not permit the leased site to be used or occupied in any manner which will violate any laws or regulations of the applicable governmental authority or entity, 7. ALTERATIONS The County or MCSO are allowed by contract to make non-structural alterations, additions, or improvements to the second floor of the DJJ building after reasonable advance written notice to DJJ. Therefore, any non-structural alterations, additions, or improvements which Lessee desires to make shall require County permission after advance reasonable written notice has been provided to DJl 8. MECHANIC'S LIENS 2 No Operators or Lessees will permit any mechanic's lien or liens to be placed on the Property or on improvements on them. If a mechanic's lien is filed, it shall be the sole responsibility of the Operator or Lessee causing the lien to be filed to discharge the lien and to hold harmless and defend DJJ, MCSO, and the County against enforcement of such lien. Pursuant to Section 713.01, F.S. the liens authorized in ch. 713, F.S., do not apply to DJJ, the County, or the MCSO. DJJ, MCSO, the County and their Operators or Lessees shall give notice to all contractors before making improvements on the Property of this provision of this agreement. 9. RECORDS - ACCESS AND AUDITS Lessee shall maintain adequate and complete records for a period of four years after termination of this lease. The County shall have access to the Lessee's books, records, and documents related to this Lease Agreement upon request. The access to and inspection of such books, records, and documents by the County shall occur at any reasonable time. 10. RELATIONSHIP OF PARTIES Lessee is, and shall be an independent contractor and not an employee, agent or servant of the County. Lessee shall exercise control, direction, and supervision over the means, manner personnel and volunteers through where it performs the work. Lessee shall have no authority whatsoever to act on behalf and/or as agent for the County in any promise, agreement or representation other than specifically provided for in this Lease. The County shall at no time be legally responsible for any negligence on the part of the Lessee, its employees, agents or volunteers resulting in either bodily or personal injury or property damage to any individual, property or corporation. 11. MODIFICATION Additions to, modifications to, or deletions from the provisions of this Lease shall be effective only if made in writing and executed by the County. No modification shall become effective without written approval of both parties. 12. BREACH AND PENALTIES The parties agree to full performance of the covenants contained in the contract. Both parties reserve the right, at the discretion of each to terminate this Lease (pursuant to paragraph #13) for any misfeasance, malfeasance or nonperformance of the terms of this Lease or negligent performance of the Lease terms by the other party. Any waiver of any breach of covenants herein contained shall not be deemed to be a continuing waiver and shall not operate to bar either party from declaring a forfeiture for any succeeding breach either of the same conditions or covenants or otherwise. Payment of the rental amount shall be prorated if the lease is terminated effective before the end of any month. If the prorated amount and any penalties imposed for damage to the premises are less than the 3 amount paid, the County shall return the excess amount to Lessee. Lessee shall pay the County the cost of any repairs and clean-up (other than regular wear and tear) necessary to restore the premises to a rentable condition. 13. TERMINATION Termination of this Lease shall occur at the Natural ending date, or earlier should either party determine that there has occurred any material breach of any covenants herein contained, or either party otherwise deems it in their best interest to terminate. Termination may be with or without cause, and shall require written notice to be given to the other party as follows: A. In the event either party terminates for breach of contract, termination shall be effective at such time as the terminating party shall declare in its act to terminate for cause, with a minimum of fourteen days notice in writing required prior to effective termination. B. In the event either party terminates without cause, the termination shall not take effect until at least sixty days subsequent to written notice to the other party, and the effective date of termination shall be specified in said notice. C. In the event funding for the lease payment comes from federal or state grants, the agency may terminate lease if no or insufficient funds upon non-appropriation from such sources, upon giving the County thirty days notice prior to termination. 14. INSURANCE REQUIREMENTS Lessee shall carry, during the term of this Lease, public liability insurance, including bodily injury and property loss damage to cover all claims, demands or actions by any person or entity in any way arising from the operation of the Lease. Such liability insurance shall meet the requirements of the Insurance Requirement Attachments hereto. Monroe County shall be named as an additional insured under the insurance policy and such insurance shall be primary and non-contributing with any insurance carried by the County. Lessee shall furnish the County with a certificate evidencing the insurance required by this paragraph at the time of executing this Lease. 15. INDEMNIFICATION AND HOLD HARMLESS Lessee covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners, the Deparbnent of Juvenile Justice, and the Monroe County Sheriff's Office, their departments, agencies, officials, employees, agents, servants, from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County, DJJ, and the MCSO) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, this Agreement. 4 In the event the Lessee fails to purchase or maintain the required insurance, the Lessee shall indemnify the County, DJJ, and the MCSO from any and all expenses resulting from such failure, The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 16. PERMITS Lessee shall secure and maintain all required permits and/or licenses necessary to carry out any service it provides at the premises. 17, LAWS AND REGULATIONS A. This Lease shall be construed by and governed under the laws of the State of Florida unless in an area of law pre-empted by federal law. Lessee agrees for venue of any dispute to lie in Monroe County, Florida. B. Lessee shall comply with all federal, state and local laws and ordinances applicable to its activities and use of the premises, and shall not discriminate on the grounds of race, color, religion, sex, age, or national origin in providing services or employing staff at the leased premises. C. Any violation of said statutes, ordinances, rules, regulations and executive orders shall constitute a material breach of this Lease and shall entitle the County to terminate this Lease immediately upon delivery of written notice to the Lessee. 18. SEVERABll.JTY If any provision of this Lease shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease, or the application of such provision other than those as to which it is invalid or unenforceable, shall not be affected thereby~ and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 19. DAMAGE OR DESTRUCTION BY FIRE, WAR, OR ACTS OF GOD In the event that the premises subleased are rendered untenantable in whole or in substantial part as a result of destruction or damage by fire, acts or war, or acts of God this lease shall cease, provided, nonetheless, that the lessor shall have the option of rebuilding or repairing the premises if he elects so to do and gives written notice as such election to rebuild or repair to the sublessor within 10 days after such damage or destruction. If lessor elects to rebuild or repair the premises and does so without unnecessary delay, sublessee shall be bound by the terms of this lease, except that during the period of repairs or rebuilding, the rent under this sublease shall be abated in the same proportion as the portion of the premises rendered unfit for occupancy by sublessee shall 5 bear to the whole of the sublease premises. Sublessee shall have the right to declare this sublease terminated when more than 30 days after the destruction or damaging of the premises as shall have elapsed without the lessor having elected to repair or rebuild. 20. ASSIGNMENT Lessee shall not assign, transfer, sublease, pledge, hypothecate, surrender, or otherwise encumber or dispose of this Lease or any estate created by this Lease, or any interest in any portion of the same, without first obtaining the written consent of the County. In the event of such consent, this Lease shall be binding upon the Lessee's successors and aSSIgns. 21. DISCLOSURE Lessee shall be required to list any or all potential conflicts of interest, as defined by Florida Statutes Chapter 112, Part III and the Monroe County Ethics Ordinance. Lessee shall disclose to the County all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any client's interest which may constitute a conflict under said laws. 22. CARE OF PROPERTY Lessee shall be responsible to the County for the safekeeping and proper use of the property entrusted to the Lessee's care, and to process all documents necessary to continue, without interruptions, any maintenance or service contracts relating to such equipment for its service life. Lessee shall ensure that their patrons do not loiter or congregate on the property, Lessee shall not commit waste on the leased premises, nor maintain or permit a nuisance on the premises. 23. ETHICS CLAUSE Lessee warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision, the County may, in its discretion, terminate this Lease without liability and may also, in its discretion, deduct from the Lease or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift or consideration paid to the former County officer or employee. 24. NOTICE Any notice required or permitted under this Lease shall be in writing and hand-delivered or mailed, postage prepaid, by certified mail, return receipt requested, to the other party as follows: 6 To: County Monroe County Facilities Maintenance 3583 S. Roosevelt Blvd. Key West, FL 33040 To: Lessee Rural Heal Network of Monroe County Florida, Inc. P.O, Box 4966 Key West, FL 33041-4966 25. FULL AGREEMENT This Agreement constitutes the entire and full understanding between the parties hereto and neither party shall be bound by any representations, statements, promises or agreements not expressly set forth herein and in duly executed amendments under paragraph 9 hereof /---:;:.~ - ,.:f~8-0~/, .. .TNESS WHEREOF, the parties have executed this agreement the day and year 'A"~\- /V . " (;.?~' <.i" t' y,e wntten. ;S'/(;~~ '.,1 ~ ;:;< ;;,/ '...-,; --:-') ," \' '- t I \ \ ,'" ,~...., ...1:t. '/~ ~. ~ ~ Ji<' / ,j -( ,,;.,;/l,i' .f-......j:; ~ " /+' I '\('~. ,~' L. KOLHAGE, Clerk .".'...~:;--".?V G~. eputy Clerk BOARD OF COUNTY COMMISSIONERS :: MONROE ~UNTY' FLOmDA Mayor/Chairman (SEAL) Attest: RURAL HEALTH NETWORK OF MONROE COUNTY, FLORIDA, me. By ~ If'rek, Ph.D. Title Executive Director /1 By Title a _"1' e::: N a N u LLJ Ct:: 0.... c::: C> u... N 0 1- L) lJ..J 0 -J C-.., lL. c::::, C~ c-.... Mark L. w <C (..::J -l ~ .u- :';:0~ .. I ..... f~:'~~~ -j~E~ >:~ :'5 ~3 "'Uc:: "c:;:C ;';':: C::J ;:? ""- 7 ...1,:.. ._,... \ MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL 1996 Edition Introduction to Lease of County-Owned Property Illi s section 0 f the manual will apply to Organizati onslIndi vi duals who I ease, Or operate concessions in or on County-owned property. Included in this section are those Organizations/Individuals who lease or rent County-O\vned vehicles. As a general rule, all agreements will include as a minimum: · Indemnification and Hold Harmless Provisions · General Insurance Requirements · All Risk Property Provisions and · General Liability Provisions If a County-owned vehicle is leased or rented, Vehicle Liability Insurance will be required to include physical damage coverage. All agreements must incorporate the "PROP" Indemnification and Hold Harmless agreement Questions should be directed to Risk Management at (305) 292-4542. Administration Instruction #4709,2 8 1996 Edition ?:,:,'~~;"~~~'t~'1~ ~'f."" . ::~ 1,:.~t~'B{:-~!~ ~,. ~.'; MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for o rga niza tionsllnd ivid uals Leasing County-Owned Property Prior to the Organization or Individual taking possession of the property oVvTIed by the County, or commencing its concessionaire operations, the Organizationllndividual shall obtain, at hislher own expense, insurance as specified in the at1ached schedules, which are made part of this lease/rental agreement. ll1e Organizationllndividual will not be pern1iued to occupy or use the property until satisfactory evidence of the required insurance has been furnished to the County as specified below. The Organization/Individual shall maintain the required insurance throughout the entire tenn of this leaselrental agreement and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate termination of the leaselrental agreement and the return of all property owned by the County. The OrganizationJIndividual shall provide, to the County, as satisfactory evidence of the required insurance, either: . Ccrti ficate of Insurance or · A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Organization/Individual's insurance shall not be construed as relieving the OrganizationJIndividual from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, will be included as "Additional Insured" on all policies. They will also be nan1ed as "Loss Payee" with respect to Fire Legal Exposure. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Administration Instruction #4709,2 9 - ;,I<~. 1996 Edition - \>..: . ":1.' ALL RISK PROPERTY INSURANCE REQUIREMENTS FOR LEASESIRENT ALS OF COUNTY-OWNED PROPERTY BETWEEN MONROE COUNTY, FLORIDA AND Prior to the OrganizationlIndividual taking possession of the property governed by this Icaselrental agreement, the OrganizationlIndividual shall obtain All Risk Property Insurance (to include the perils of Flood and Wind) with limits no less than the Replacement Cost Value of the property leased or rented. Coverage shall be maintained throughout the life of the LeaselRental Agreement and include, as a minimum, liability coverage for: Fire Sprinkler Leakage Windstorm Civil Commotion Lightning Sinkhole Collapse Smoke Aircraft and V chicle Damage Vandalism Falling Objects Explosion Flood The Momoe County Board of County Commissioners shall be nan1ed as Additional Insured and Loss Payee on all policies issued to satisfy the above requirements. Administration Instruction #4709.2 '10 1996 Edition GENERAL LIABILITY INSURANCE REQUIRE~1ENTS FOR LEASEIRENT AL OF PROPERTY OWNED BY THE COUNTY BETWEEN MONROE COUNTY, FLORIDA AND Prior to the Organization/Individual taking possession of the property governed by this lease/rental agreement, the Organization/Individual shaIl obtain General Liability Insurance. Coverage shaIl be maintained throughout the life of the contract and include, as a minimum: · Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expanded Definition of Property Damage · Fire Legal Liability (with limits equal to the fair market value of the leased property.) 111e minimum limits acceptable shaIl be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months foIl owing the termination of the LeasefRental Agreement. The Monroe County Board.ofCounty Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Administration Instruction #4709.2 11 1996 Edition VEHICLE LIABILITY INSURANCE REQUIREf\fENTS FOR LEASESIRENT ALS OF COUNTY-O\VNED PROPERTY BETWEEN MONROE COUNTY, FLORIDA AND Prior to the Organizationflndividual taking possession of the property governed by this leaselrental agreement, the Organization/Individual shall purchase Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the Lease/Rental Agreement and include, as a minimum, liability coverage for: · Owned, Non-Ov.rned, and Hired Vehicles · Physical Damage Protection (if the leased property is a County-owned vehicle) The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) ACV for Physical Damage If split limits are provided, the minimum limits acceptable shall be: $ 100,000 per Person $ 300,000 per Occurrence $ 50,000 Property Damage ACV for Physical Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. In addition, if the leaselrental agreement involves County-owned vehicles, the Monroe County Board of County Commissioners shall be named as "Loss Payee" with respect to the physical damage protection. Administration Instruction #4709,2 J, :.:'''~i'~~',1'\'~i,. ;..~~,~~~::\~:.~ 12 ,,C" ~~:.~"~~~,~~~ ~, WORKERS' COMPENSATION INSURANCE REQUIREMENTS BElWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire teon of the contract. Coverage shall be provided by a company or companies authorized to transact business in the State of Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M. Best Company. If the Contractor has been approved by Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the contractor may be required to submit updated financial statements from the fund upon request from the County. Administrative InstrucUQn 14709.2 we1 13 - .. , ..'. EXHIDlT"A" A parcel ofland, fonnerly submerged in the Bay of Florida, and being part ofthe land described in Trustees of the Internal Improvement Trust FUnd of the State of Florida (i1IF) Deed Number 19725, and also being within the boundary of the land of the Monroe County Detention Center as dcscribed in Deed recorded in Official Record BOok 113 9 at page 2381 of tile Public Records of Monroc County, Florida and being described more Particularly by metes and bounds 8:S follows: COMMENCE at point 29 as described in said Monroe County Detention Center Deed and thence S37'24'37" W for a distance of 51 feet to the POINT OF BEGiNNING of the parcel herein being described; thence N53012'53" W for a distance of35.03 feet to a point; thence N 42017'13" W for a distance of 60.81 fcet to a point; thence N 52004'48" W for a distance of 59.74 feet to a point; tilence N 56017' 08" W for a distance of 81. 09 feet to a point on the NorUleasterly extension of a Southeasterly face of the Detention Ccnter building; thence S 330 07' 42" W, along tile said No rtheasterl y extension and tile said Southeasterly face, for a distance of240.50 fcct to the point of intersection witil a Northeasterly face of the said building;; thence S 57018'38" E, along tile said Northcasterly facc of the said building and thc Southeasterly extension tilereof, for a distance of 174.65 fcct to a point; thcnce N 50018'31"E for a distance of 55.26 fcet to a point; thence N71'26'47" E for a distance 005.48 fect to a point; thence N45'26'47" E for a distancc of 61.81 fcet to a point; thcncc N34039'37" E for a distancc of 42.28 fcct to a point; thcncc N53012' 53" W for a distance of 17.69 feet back to the Point of Beginning. ~, EXlIml B':~:'.>,.::i.'", .:,>::i~[~t~ '.- , ;' ',,',.,..'.', . ,-, .'-- ~ .ifi^"~..'~~Fjfj :. .,...._.::, ;_:.~)._..__. ,-:_~;., . . 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""_()~\'~ '\~"l ,~;(. . .1\ ' . . l, ,. i ".' ..' t' It I f ~ \\,.._ ~.:~.I.'i.'~.~~~Q~~~~~~~l~,~e' "'f!'~ ~~.~. ~'J. .~Hi~~~'11:i~<~\Z,~~~. ~~..;,;;~, :~.\~);~~\\~1;i#~:!\\};1J~\' \~ir 'l'i~.,i~il"'~ ~~:~N.:t>: ;;::(<(~',,:: ,..-:~ ;;~':/~:;ik~(~i'f.,~~:tf)j,'J, ':: ./':':'( \~ .,:... ; ;:. '~'::;';I~~:;~;'~i;"I. r,tr'l,\~\\"l'ih\'1~Jltl" .~t ~'-'tl~"" ...'...\1' .,rl"'ll";\t'\"~~',!Nt:\..'" ,.l~' \'il~~"\,,,...., ,,"oJ,' ,,"',..",,' ", "1". '..." ".. ,.' .'." ,_'. ,A ~\\I~'~:r.:,~~~&"'(t'\fl~~~6,:i:t.Y:t\\ .!~...-.e,f/~~.1 ~\ .~', .l\';Pt"f:~:"'l:"..\:?.L:,..'\:t.\'.,;'.<:}~~,tr~\;((~,:.f.):~ ..i~~l~~:. \..~..~~ ~'~ t~~....:~i'~'.:. : \..t-. '<:--: ~: ~ .,' (':"~ I.' ,'.'" "..J'; ,1' .'.'\~' \; ;.' ,'\' y,.:' ..';; , I '. .. \ . 1', " DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Rural Health Network of Monroe County, FL, Inc. (Name of Business) I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (I), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6, Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. 711 Mark L. Szurek, Ph ., for the Rural Health Network of Monroe Co., FL, Inc. Lessee August 26, 2002 Date OMB - MCP#5 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE Mark L. Szurek, Ph.D. warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 7A~ ~ature) Date: 8/26/02 STATE OF \~\~ COUNTYOF ~~ PERSONALLY APPEARED BEFORE ME, the undersigned authority, ~~ 'S'-'u-~& who, after first being sworn by me, affixed hislher signature (name of individual signing) in the space provided above on this (L ~~~ ,20~ ~~ \\ \\~ NOTARY PUBLIC day of My commission expires: OMB - MCP FORM #4 M8JNDA H. VINSON MY COMMISSION' 00 133505 . EXPIRES: November 11, 2006 Bonded Ttuu NolIuy NlIc lJnderwriteq