HomeMy WebLinkAboutM. Health DepartmentBOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 15 2010 Division: Monroe County Health Department
Bulk Item: Yes x No Staff Contact: Robert Eadief809 -5610
AGENDA ITEM WORDING: Approval of a lease between MW & 3C LLC and Monroe County
Board of County Commissioner to provide the premises at 3134 Northside Drive, Key West to be used
by the Health Department as a clinic.
ITEM BACKGROUND: The current lease for this clinic entered into in February 2008 terminates
February 28, 2411. The Monroe County Health Department wishes to continue operating a health care
center from this location and the parties hereto desire to enter into this new lease.
PREVIOUS RELEVANT BOCC ACTION: At the November 17, 20I0 meeting, the BOCC
approved a Core Contract between Monroe County and the Florida Department of Hearth to fund
$817,247 to the Health Department for current fiscal year.
CONTRACT/AGREEMENT CHANGES: Pursuant to the Core Contract in place between the
County and the Health Department, the State reimburses the County for 100% of the rental amount.
STAFF RECOMMENDATIONS: NIA
TOTAL COST : $66,000 INDIRECT COST: BUDGETED: Yes X No
100% reimbursed from State
DIFFERENTIAL OF LOCAL PREFERENCE:
County share obligated
COST TO COUNTY: same SOURCE OF FUNDS: under Core Contract
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
nkL
up
APPROVED BY: County Atty X OMB /Purchasing Risk Management
DOCUMENTATION:
DISPOSITION:
Included X Not Required
AGENDA ITEM #
Revised 1,109
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: M W & JC LL Contract #
Effective Date: March 1, 2011
Expiration Date: February 29, 2012
Contract Purpose /Description:
Lease for premises located at 3134 Northside Drive, Key West, Florida to be used b
Monroe County Health Department as a clinic
Contract Manager: Robert Eadie 809 -5510 MC Health Dept/Stop #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 12/15/10 Agenda Deadline: 11/30/10
CONTRACT COSTS
Total Dollar Value of Contract: $ 56,000.00
To be reimbursed 100% by State
Budgeted? Yes X No ❑ Account Codes: _
G t $ NIA
Current Year Portion: $ 38,500.00
ran . -
County Match: $ NIA -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ lyr For:
(Not included in dollar value above) (e g. maintenance,
utilities, janitorial, salaries, etc.
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director Yes[:] No[:]
Risk Management Yes❑ No
O.M.B./Purchasing Yes❑ No�
County Attorney f !� Yes[:] NoE]K '�'��' �� / /f)
Comments:
OMB Form Revised 2127101 MCP #2
LEASE AGREEMENT
This Agreement is made and entered this day of , 20__, by MW & 1C
LLC (LESSOR), a limited liability company incorporated in the State of Florida, whose address is 3134
Northside Drive, and the BOARD of COUNTY COMMISSIONERS for MONROE COUNTY, a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040,
( "COUNTY" or "LESSEE ").
WHEREAS, LESSOR owns an office building situated at 3134 Northside Drive., Key West
Florida 33040, which property has office space for rent; and
WHEREAS, the Monroe County Health Department ( "Health Department "), a State agency, needs
public clinic space and has requested the County to lease space at the referenced property for such use,
utilizing the County's share of Health Department funding under a Care Contract between the State and
the County; now therefore
IN CONSIDERATION OF THE MUTUAL PROMISES AND CONSIDERATION
CONTAINED HEREIN, THE PARTIES AGREE:
1. PROPERTY LESSOR leases exclusively to the COUNTY that certain space known as
HealthCareCenter located at 3134 Northside Drive, Key West, FL 33040, as more particularly shown on
Exhibit A, hereafter the "property," containing 2040 square feet. Exhibit A is attached and made a part of
this Agreement.
2. TERM The initial term of this Agreement is one year commencing March 1, 2011, and
terninating on February 29, 2012, unless earlier terminated as set forth in provisions contained elsewhere
in this lease. The parties shall have the option to renew this Agreement by written amendment, approved
and executed by both parties, for two (2) additional one -year periods at terms and conditions mutually
agreed upon by the parties, exercisable upon written notice given at least ninety (90) days prior to the end
of the initial term.
This lease may be terminated by either party no less than ninety (90) calendar days notice
in writing to the other party, without cause, unless a lesser time is mutually agreed upon in writing by
both parties.
3. USE AND CONDITIONS
A. The property shall be used solely for the operation of the clinics and offices for
the Monroe County Health Department. If the property is used for any other purpose, the LESSOR shall
have the option of immediately terminating this Agreement. LESSEE shall not permit any use of the
property in any manner that would obstruct or interfere with any of the LESSOR's duties as an owner and
LESSOR's responsibilities to maintain the building.
B. The LESSEE will further cause that the use and occupancy of said property shall
be in a careful and proper manner, and shall not allow any waste to be committed thereon. LESSEE will
not cause, or allow to be caused, any nuisance or objectionable activity of any nature on the property.
Any activities in any way involving hazardous materials or substances of any kind whatsoever other than
those normally associated with a health clinic, either as those terms may be defined under any state or
federal laws or regulations or as those terms are understood in common usage, are specifically prohibited.
Any medical waste or substances required by state or federal law to be handled or disposed in a specified
manner shall be so handled or disposed.
C. LESSEE's contracted agent, the Health Department, its employees and invitees
shall have the non- exclusive right to use the common areas of the condominium such as and parking, and
Monroe County Health Department Page 1
3134 Northside Ddvr, Key Wesi, FL
will abide by such reasonable rules as LESSOR may from impose regarding such use. LESSOR has the
right to close off common areas from time to time for repairs and maintenance and other reasonable
purposes.
4. RENT
A. For the use of the property, the LESSEE must pay the LESSOR the sum of
$5,500,00 per month, $66,000.00 per annum, payable in monthly installments in arrears upon receipt of a
proper invoice pursuant to the Florida Local. Government Prompt Payment Act, Sections 218.70, Florida
Statutes, et seq, Rent payments shalt be sent to:
Mark Whiteside, M.D.
MW & JC, LLC
3134 Northside Drive
Key West, Fl. 33040
B. For any partial month within the term hereof said rent shall be payable on a
prorated basis. All rents shall be paid after presentation to the County Clerk of a proper invoice and
interest for late payments shall be as set by the Florida Local Government Prompt Payment Act.
C. In the event that funds cannot be obtained or cannot be continued at a level
sufficient to pay the lease price or the Health Department acquires adequate office space in a County -
owned or State -owned building, this lease may be terminated by the LESSEE providing to LESSOR at
least 60 days prior written notice of the termination. Payment under an agreement extending from one
County fiscal year to the next is contingent upon annual appropriation by the Board of County
Commissioners.
5. TAXES The LESSEE is exempt from all taxes, including any sales or use tax, levied by
any government agency,
6. UTILITIES. The LESSOR shall pay all charges for solid waste, and the LESSEE shall
pay for all water, sewerage, and electrical services used at the Property during the lease term.
7. INSURANCE.
A. LESSOR shall obtain and keep in force, insurance coverage insuring against any
loss or damage to the property caused by fire:, windstorm, flood, or other such hazards, as well as a policy
of comprehensive public liability insurance insuring LESSOR and LESSEE against any and all claims for
damages to person or property, or loss of life or of property, occurring upon, in or about the property, for
any defects, acts or omissions other than those caused solely by LESSOR, its officers, employees and
agents.
B. LESSEE is self-insured and carries excess liability coverage, and is subject to
limited immunity from claims under Section 768.28, F.S. It shall be the exclusive obligation of LESSEE
to insure any and all contents of the leasehold property and it is hereby agreed that the LESSOR shall
have no liability for loss or damage to the same from any cause whatsoever. LESSEE's contracted agent
Health Department is also entitled to limited immunity from claims under Section 768.28, F.S., and
carries excess indemnity coverage.
The LESSEE must keep in full force and effect the required insurance during the
term of this Agreement. If the insurance policies originally purchased which meet the requirements of this
lease are canceled, terminated or reduced in coverage, then the LESSEE must immediately substitute
complying policies so that no gap in coverage occurs. Copies of current policy certificates shag be filed
with the COUNTY whenever acquired or amended.
9. CONDITION OF PROPERTY LESSOR and LESSEE agree that the Health
Department will take possession of the property in "AS IS" condition. The LESSEE must keep the
Monroe County Health Mpartment Page?
3134 Northside this Key West, FL
property in good order and condition. The LESSEE must promptly repair damage to the property. At the
end of the term of this Agreement, the LESSEE must surrender the property to the LESSOR in the same
good order and condition as the property was on the commencement of the term, normal wear and tear
excepted. The LESSEE is solely responsible for any improvements, other than those specified herein,
which are placed on the property.
10. IMPROVEMENTS No structure or improvements of any kind shall be placed upon the
land without prior approval in writing by the LESSOR, a building permit issued by City of Key West and
any other agency, federal or state, permits required by law. Any such structure or improvements shall be
constructed in a good and workmanlike manner at LESSEE's sole cost and expense. Subject to any
LESSOR's lien, any structures or improvements constructed by LESSEE shall be removed by the
LESSEE at LESSEE's sole cost and expense, by midnight on the day of termination of this Agreement or
extension hereof, and the land restored as nearly as practical to its condition at the time this agreement is
executed unless the LESSOR accepts in writing delivery of the property together with any structures or
improvements constructed by LESSEE. Portable or temporary advertising signs are prohibited.
11. MAINTENANCE LESSEE shall maintain the interior of the property, and shalt make
all necessary repairs therein, including without limitation, maintenance and repair of interior walls,
windows, and doors. LESSEE shall provide monthly maintenance to any air conditioning units within the
property. LESSEE shall be responsible for cleaning the interior of the property and maintaining all light
fixtures in working order. LESSOR is responsible to maintain and repair the exterior walls and roof of
the building, as well as the electrical wiring, the plumbing system serving the property, and the air
conditioning and heating condensers, air handler units, ducting and vents and any other air conditioning
equipment.
12, SIGNS LESSEE may replace the existing exterior sign in the same size and format,
complying with the City of Key West's sign ordinance. LESSEE will not exhibit, inscribe, paint, or affix
any sign, advertisement, notice, or other lettering on any part of the outside of the property or of the
building of which the leasehold property is a part without first obtaining approval from the LESSOR and
LESSEE further agrees to maintain such sign, lettering, etc -, as may be approved, in good condition and
repair at all times.
13. DESTRUCTION OR DAMAGE
A. If the property is, or any part thereof shall be damaged by fire or other casualty,
LESSEE shall give immediate notice thereof to LESSOR and this lease shall continue in full force and
effect except as hereinafter set forth.
S. If the property is partially damaged or rendered partially unusable by fire or other
casualty insured under the coverage obtained by the LESSOR, the damages thereto shall be repaired by
LRSSOR, to the extent insurance proceeds are available. LESSOR will make the repairs and restorations
with all reasonable expedition, subject to delays due to adjustment of insurance claims, labor troubles, and
causes beyond LESSOR's control. After any such casualty, LESSEE will cooperate with LESSOR's
restoration by removing from the property as promptly as possible, all of LESSEE's salvageable inventory
and moveable equipment, furniture and other property.
C. (1) Total Destruction. if the property is rendered wholly unusable, the Lease
shall terminate immediately upon the date of such disaster, and no rent shall be due after such date.
(2) Partial Destruction. If the property be so damaged that the LESSOR shall
decide to demolish it or rebuild it, then, in such events, LESSOR or LESSEE may elect to terminate this
lease by written notice to the other given within such casualty, specifying a date for the expiration of the
lease, which will not be more than 60 days after giving such notice, and upon the date specified in such
notice the term of the lease will expire fully and completely as if such date were the date set forth above
Monroe County Health ticwrtinent Page 3
3134 Nonhside Drivc, Key West, r L
for the termination of this lease. In such event, LESSEE will forthwith quit, surrender and vacate the
property without prejudice however to LESSOR's rights and remedies against LESSEE under the lease
provisions in effect prior to such termination, and any rent owing will be paid up to such date.
D. Nothing contained hereinabove will relieve LESSEE from any liability that may
exist as a result of damage from fire or other casualty. LESSEE acknowledges that LESSOR will not
carry insurance on LESSEE's inventory and/or furnishings or any fixtures or equipment, improvements,
or appurtenances removable by the LESSEE, and agrees the LESSOR will not be obliged to repair any
damage thereto or replace the same. Except as expressly provided herein to the contrary, this lease shall
not terminate nor shall there be any abatement of rent as a result of a fire or other casualty which is the
fault of, or caused by the LESSEE. LESSEE shall be responsible to insure the improvements and repairs
which LESSEE provides to the property.
14. EVENTS OF DEFAULT The occurrence of any of the following shall constitute an
event of default hereunder:
A. Discontinuance by LESSEE's contracted agent Health Department of the conduct
of its business in the property, for a period of thirty days or longer.
B. The filing of a petition by or against LESSEE for adjudication as a bankrupt or
insolvent, or for its reorganization or for the appointment of a receiver or proceedings under Chapter X
and/or Chapter 1X of the Federal Bankruptcy Law; an assignment by LESSEE for the benefit of creditors;
or the taking possession of the property of LESSEE by any governmental officer, court appointed receiver
or agency pursuant to statutory authority for the dissolution or liquidation of LESSEE.
C. Failure of LESSEE to pay when due any installment of rent hereunder or any
other sum herein required to be paid by LESSEE.
D. Abandonment or desertion of the property or permitting the same to be empty
and unoccupied, for any consecutive period of thirty days or longer.
E. LESSEE's failure to perform any non- monetary covenant or condition of this
lease within ten (10) days after written notice and demand.
F. LESSOR'S failure to comply with any of the terms herein.
15. RIGHTS OF LESSOR UPON DEFAULT BY LESSEE If the LESSEE is in default
as defined in subparagraphs A to D inclusive of Paragraph 1.3 and if the same is not cured by the LESSEE
within five (5) days after written notice to the LESSEE or if the LESSEE is in default pursuant to the
provisions of sub- paragraph E of Section 13, the LESSOR, in addition to all rights and remedies granted
under the laws of the State of Florida shall have any or all of the following rights:
A. To re -enter and remove all persons and property from the property, and such
property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account
of LESSEE, all without service of notice or resort to legal process and without being deemed guilty of
trespass, or becoming liable for loss or damage which may be occasioned thereby; and/or
B. To terminate the lease and re -let the property for account of the LESSOR or
within the sole discretion of LESSOR the property may be re-let for the account of the LESSEE.
C. In the event of LESSOR's termination of this lease for LESSEEs breach
hereunder, In addition to any other remedy otherwise available at law or equity, LESSOR may recover
from LESSEE all damages incurred by reason of such breach, including the cost of recovering the
property-
1b. RIGHTS OF LESSEE UPON. DEFAULT BY LESSOR In the event of LESSEE's
breach of its obligations and duties under this agreement, LESSEE shall give the LESSOR notice in
Monroe County Health ➢ep =cnt Page 4
3134 Northsidc Drive, Key Wes, Ft,
writing of said breach and allow LESSOR ten working days to remedy such defect. In the event that
such defect is not cured within the requisite time, LESSEE may terminate this lease upon giving thirty
days written notice to the LESSOR. In addition to any other remedy otherwise available at law or equity,
LESSOR may recover from LESSEE all damages incurred by reason of such breach, including the cost
of relocating to new property.
17. ATIORNEY'S FEES AND COSTS Each party shall be solely responsible for the costs
of its own attorney's fees incurred in connection with the preparation and review of this lease for
execution. If any action at law or in equity shall be brought under this lease, or for or on account of any
breach of, or to enforce or interpret any of the covenants, terms, or conditions of this lease, or for the
recovery of possession of the demised property, the prevailing party shall be entitled to recover from the
other party, reasonable attorneys fees and costs, the amount of which shall be fixed by the court and shall
be made a part of any judgment or decree rendered.
18. INDEMNIFICATION. HOLD HARMLESS Subject to Section 768.28, Florida
Statutes, LESSEE shall indemnify and hold harmless. LESSOR against and from any and all claims
arising from LESSEE's use of the property for the conduct of its business or from any activity, work, or
other thing done, permitted or suffered by the LESSEE in or about the building, and shall further
indemnify and hold harmless LESSOR against and from any and all claims arising from any breach or
default in the performance of any obligation on LESSEE's part to be performed under the terms of this
lease, or arising from any act or negligence of the LESSEE, or any officer, agent, employee, guest, or
invitee of LESSEE, and from all and against all costs, attorney's fees, expenses and liabilities incurred in
or about any such claim or any action or proceeding brought thereon. LESSEE, as a material part of the
consideration to LESSOR, hereby assumes all risk of damage to property or injury to persons, in, upon
or about the property, from any cause other than LESSOR's negligence, and LESSEE hereby waives all
claims in respect thereof against LESSOR.
19. WAIVER The failure of either the LESSOR or LESSEE to insist in anyone or more
instances upon the strict performance of anyone or more of the obligations of this lease, or to exercise
any right or election herein contained, shall not be construed as a waiver or relinquishment for the future
of the performance of such obligations of this lease, or of the right to exercise such election, but the same
shall both continue and remain in full force and effect with respect to any subsequent breach, act or
omission.
24. LIENS LESSEE further agrees that LESSEE will pay all of LESSEE's contractors,
subcontractors, mechanics, laborers, materialmen and all others, and will indemnify LESSOR against all
legal costs and charges, bond premiums for release of liens, and counsel fees reasonably incurred in the
commencement or defense of any suit by the LESSOR to discharge any liens, judgments, or
encumbrances against the property caused or suffered by LESSEE. It is understood and agreed between
the parties hereto that the costs and charges above referred to shall be considered as additional rent due
under this tease, payable upon demand.
The LESSEE herein shall not have any authority to create any liens for labor or material on the
LESSOR's interest in the above- described property, and all persons contracting with the LESSEE for the
doing of work or the furnishing of any materials on or to the property, and all materialmen, contractors,
mechanics and laborers, are hereby charged with notice that they must look to the LESSEE only to secure
the payment of any bill for work done or materials furnished during the term of this lease.
21. EFFECT OF LESSEE'S HOLDING OVER Any holding over after the expiration of
the term of this lease, with the consent of LESSOR, shall be construed to be a tenancy from month to
month, at the same monthly rent as required for the period immediately prior to the expiration of the
lease.
Monroe County Health Depertmcni Page 4
3134 Northside Drive, Key Wcsl, FL
22. PEACEFUL POSSESSION So long as LESSEE pays all of the rent and charges due
and performs all of LESSEE's other obligations hereunder, LESSEE shall peaceably and quietly have,
hold, and enjoy the property throughout the term of this lease, without interference or hindrance by
LESSOR.
23. TRANSFER BY LESSOR In the event of termination of LESSOR's ownership of the
property by operation of law or by bona fide sale of the property or for any other reason, then LESSOR
shall be released from all liability and responsibility hereunder. In such event, LESSOR's successor, by
acceptance of rent from LESSEE, shall become liable and responsible to LESSEE in respect to all such
obligations of LESSOR under this lease.
This lease may be assigned by the LESSOR in which case, LESSEE, upon request by LESSOR,
shall issue a letter stating that the lease is in full force and effect and that there are no setoffs, claims, or
other defenses to rent.
24. ASSIGNMENT OR SUBLET BY LESSEE LESSEE may not assign this Lease in
whole or in part to any entity other than the Health Department, nor sublet any portion of the property,
without LESSOR's prior written consent, which consent may be arbitrarily withheld. The health
department has no rights hereunder to assign any interest in this lease.
A. The LESSEE and signatory to this lease, and any subsequent assignees or
sublessees, shall remain liable to LESSOR under the terms of this lease, regardless of the number of
intervening assignments and subleases, without consent to such further assignments and subleases being
required, unless and until LESSOR expressly releases said LESSEE, assignee or sublessee from liability
under this tease, and such liability shall not be in any way affected or reduced by any modification of the
lease between LESSOR and the occupant assignee, even if such modification is made without LESSEE's
prior consent.
S. LESSOR's consent to any assigmmcnt, subletting, occupation, or use by another
person, shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use
by any other person, or a waiver of any right of LESSOR to deny such consent pursuant to the provisions
hereof. Furthermore, LESSEE understands and agrees that, should LESSOR approve any assignment or
sublease, LESSOR shall have the right to be reimbursed for legally - related expenses in connection with
the review, preparation, and processing of any documents associated with said assignment/sublease.
25. SUBORDINATION. NON - DISTURBANCE AND ATTORNMENT
A. Subordination -y LESSEE LESSEE hereby subordinates its rights hereunder to
the lien of any mortgage or mortgages, or the lien resulting from any other method of financing or
refinancing, now or hereafter in force against the property, and to all advances made or hereafter to be
made upon the security thereof. This shall be self - operative and no further instrument of subordination
shall be required by any mortgagee. However, LESSEE, upon request of any party in interest, shall execute
promptly such instrument or certificates and irrevocably appoints LESSOR as Attorney -In -Fact for
LESSEE, with full power and authority to execute and deliver, in the name of LESSEE, any such
instrument or certificates.
S. Estoppet Certificate Within ten (10) days after request by LESSOR, or in the
event that, in connection with any sale, assignment or hypothecation of the property by LESSOR, an
estoppel certificate shall be required from LESSEE, LESSEE agrees to deliver, in recordable form, an
estoppel certificate to any proposed mortgagee, purchaser, or to LESSOR, certifying (if such be the case)
that this lease is in full force and effect and that there are no defenses or offsets thereon, or stating those
claimed by LESSEE, as long as those are factual statements when made.
C. Attornrnent In the event of a sale or assignment of LESSOR's interest in the
property, or if the property comes into the hands of a mortgagee, or any other person, whether because of a
Monroe County Health Department Page 6
3134 Northsidc Drier, Kcy west, ft.
mortgage foreclosure, exercise of a power of sale, or other reason, LESSEE shall recognize said mortgagee
or other person as the same as LESSOR hereunder. LESSEE shall execute, at LESSOR's request, any
attornment agreement required by any mortgagee, or other such person containing such provisions as such
mortgagee or other person requires.
26. NOTICES Notices in this Agreement, unless otherwise specified, must he sent by
certified mail to the following:
LESSOR
Mark Whiteside, M.D.
MW & JC, LLC
3134 Northside Drive
Key West, FL 33040
and
Richard K.litenick, Esq.
624 Whitehead Street
Key West, FL 33040
COUNTY /LESSEE
Administrator
Monroe County Health Department
1100 Simonton Street
Key West, FL 33040
County Administrator
1100 Simonton Street
Key West, FL 33440
27. NON - DISCRIMINATION The LESSEE for itself, its personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree
that no person on the grounds of race, color, or national origin shall be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination in the use of property or in the
contracting for improvements to the property.
28. GOVERNING LAWSXEMUtWAIVER OF JURY TRIAL. This Agreement is
governed by the laws of the State of Florida and the United States. 'Venue for any dispute arising under
this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is
entitled to a reasonable attorney's fee and costs. LESSOR and LESSEE hereby knowingly, voluntarily
and intentionally waive the right to a trial by jury in respect to any litigation based hereon, or arising out
of under or in connection with this lease, this waiver being a material inducement for LESSEE to enter
into the lease
29. INCONSISTENCY Any item, condition or obligation of this Agreement that is in
conflict with the items listed in this paragraph is superseded to the extent of the conflict.
30. CONSTRUCTION This Agreement has been carefully reviewed by the LESSOR and
the LESSEE. Therefore, this Agreement is not to be construed against any party on the basis of
authorship.
31. FULL UNDERSTANDING This Agreement is the parties' final mutual understanding.
It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be
modified or replaced except by another written and signed agreement.
Monroe Coumy H=11h Department Page 7
3134 NorthsW Drive, Key West, FL
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative.
I IE SSES FOR lz$S LESSOR: MW & JC, LLC
Y -- 7
of T, c �' -7- 7Z C-
(SEAL) LESSEE: BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
M
Deputy Clerk
M.
Mayor /Chairman
Mfl ROE COUNTY ATTORNEY
PRO EP S T F RM:
CYNTHIA L. ALL
ASST TANT COUNTY ATTO R�NEY
Monroe County Health Department Page 8
3134 Nor Chive„ Key West. FL
i
Property Information for 8785194 Page 1 of 2
MONROE CO[1MT PROPERTY APPRAISER
PROPERTY 11+IP'ORMATION FOR:
Alternate Ivey: 8785194
RE Number: 00065780- 000203
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OWKM QE REC =,
MW & .ic LLC
3134 NORTHSIDE DR
KEY WEST FL 33040
Pyv4_ ;l-AL L&CS'IM
Vni! Number. C
3134 NORTHSIDE DR KEY WEST
OFFICES AT NORTHSIDE, A CONDO UNIT C
& - OM6666% COMMON EL.EMENT3 OR1144 -2134
OR 1581- I341f42Q/C(1MH) OR 1590- 2152153(CMS)
OR 16411- 203104(CTT")
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cl.> 0= S E
2007
558,090
0
0
558,010
4
558,[19)
2006
515,750
0
a
516,750
it
516,750
2M
0
4132.454
1
482,455
0
482,455
2004
0
331,289
1
331.290
0
331,290
21103
0
331,289
1
331,290
0
331.290
2002
0
310,839
1
310,840
0
310,840
2001
0
266,994
1
266,995
0
266,995
2000
0
266,994
I
266.995
0
266,995
19"
0
251,759
1
761,760
0
261,760
1998
261.760
0
I
26061
0
261,761
1997
261,760
0
1
261,761
0
26061
19%
241,760
0
1
261,761
0
251,761
1995
261,760
0
2b 1,761
0
261.761
1994
234,664
0
It
MOT
4,665
0
234,665
1993
234,664
0
^
E 4,665
0
23 4.665
http://www.mcpA.org/datacenter/searcii/record.asp 21512008
Property Information for 8785194
1992
1991 196,800 0
1 196,801 0
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BOARD OF COUNTY CONIlVIISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 15, 2010 Division: Monroe County Health Department
Bulk Item: Yes x No Staff Contact: Robert Eadie 809 -5610
AGENDA ITEM WORDING:
Approval of a resolution amending the fee schedule set forth in Resolution 294 -2010 and authorizing
the Monroe County Health Department to collect clinical fees for primary care services offered as set
forth in Exhibit A attached to and made part of the resolution.
ITEM BACKGROUND:
F.S. 154.01(2) requires Counties to establish and maintain full -time county health departments to
provide environmental health, communicable disease control, and primary care services through
contract with the Florida Department of Health. F.S. 154.06(1) authorizes each county to collect fees
for primary care services provided that a schedule of such fees is established by resolution of the Board
of County Commissioners or by rule of the Department. The MCHD is requesting authorization to
amend the fee schedule established in Resolution 294 -2010 in order to make two changes:
immunization fees and fees for International Certificates of Vaccination.
PREVIOUS RELEVANT BOCC ACTION:
9/15/2010 Board approved Resolution 294 -2010 for public health services provided by the Monroe
County Health Department. 11/17/10 Board approved Resolution 447 -2010, establishing fee schedule
for environmental services provided by Monroe County Health Department.
CONTRACT /AGREEMENT CHANGES:
Immunization fees and fees for International Certificates of Vaccination
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes X No
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
a
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 1/09
RESOLUTION NO. -2010
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AMENDING THE FEE SCHEDULE FOR PRIMARY CARE
SERVICES AND PUBLIC HEALTH SERVICES ESTABLISHED VIA RESOLUTION
NO. 294 -2010 IN ORDER TO ADD FEES FOR MISCELLANEOUS VACCINATIONS
AND INTERNATIONAL CERTIFICATES OF VACCINATIONS AS SET FORTH IN
EXHIBIT "A" ATTACHED HERETO AND MADE A PART OF THIS RESOLUTION.
WHEREAS, F.S. 154.06(1) authorizes each county and each county health department to collect fees for
primary care services rendered through the county health departments provided that a schedule of such fees is
established by resolution of the Board of County Commissioners or by rule of the department; and
WHEREAS, Resolution No. 294 -2010, passed by the Board of County Commissioners (BOCC) on
September 15, 2010, established a fee schedule for various primary care services, community public health services,
vital statistics, medical records, public records, and retumed/dishonored checks; and
WHEREAS, subsequent to adoption of Resolution No. 294 -2010, the Monroe County Health Department
has determined that it needs to add two categories of fees, for "all other immunizations" (item C(8) on Exhibit "A ")
and for providing International Certificates of Vaccination (item C(11) on Exhibit "A "); and
WHEREAS, the BOCC is satisfied with the justifications provided by the Monroe County Health
Department;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, that:
1. The Monroe County Health Department shall collect fees for primary care services, community public
health services, vital statistics, medical records, public records, returned/dishonored checks as specified
in Exhibit "A" attached hereto and made a part of this Resolution.
2. The Monroe County Health Department is solely responsible for ensuring effective notice is provided to
the general public and other impacted agencies and organizations of the specific fee increases.
3. The Monroe County Health Department is solely responsible for ensuring the County's compliance with
all financial and transition rules and resolutions, and any other factors that may be impacted by the
service fee increases at all levels: state, local, and federal.
4. Any prior resolution, ordinance or contract inconsistent herewith is hereby repealed.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
meeting of the Board held on the 15"' day of December 2010.
Mayor Heather Carruthers _ MO OE COUNTY ATTORNEY
Mayor Pro Tem. David Rice R E D S M
Commissioner George Neugent _ CYNTHIA L. HALL
Commissioner Kim Wigington _ ASSI ANT COUNTY ATTORNEY
Commissioner Sylvia Murphy _ Late_- ,,� °°
BOARD OF COUNTY COMMISSIONERS
(Seal) OF MONROE COUNTY, FLORIDA
Attest: DANNY L. KOLHAGE, Clerk
By: By:
Deputy Clerk Mayor /Chairman
FEE RESOLUTIONS
EXHIBIT A
A. PURPOSE. To establish public health service fees in order to expand existing
public health services to the community at large.
B. PRIMARY CARE SERVICES.
(1) Primary care services include well and sick adult and child health services and
family planning services. These services will be charged at not more than 160% of the
prevailing Medicare rate. Where there is no Medicare fee, the fee will be the Medicaid
rate. Service levels will be determined utilizing current Medicare guidelines for coding
and billing services provided. Discounting adjustments will be made to client fees
based upon the current contract for services with Medicare and other 3rd party payers.
In addition, sliding scale adjustments to fees for primary care services will be based
upon Federal OMB guidelines and in accordance with State of Florida Department of
Health Policy 56- 66 -08. Medicaid is billed at the current Medicaid Cost -based rate and
reimbursement for these services is considered payment in full.
(2) Pharmacy — Medications issued will be provided at the most recent cost. Medicaid
is accepted as payment in full.
(3) Injection fee for parenteral medications per injection $35.00
(4) Lab fees - All laboratory and pathology fees are subject to sliding scale fee
adjustment based upon OMB Federal Guidelines.
a. Bloods Specimens sent to outside laboratory- cost plus a $35.00 venipuncture
fee per visit.
b. Specimens tested in clinic- $10.00
(hemoglobin, urine, blood sugar, mono, wet mount, strep)
c. Pregnancy test
No charge
d. Non -blood specimens sent to outside laboratory, processing fee $10.00 per visit.
C. COMMUNITY PUBLIC HEALTH SERVICES
(1) Tuberculosis X -ray for suspected, confirmed or
Symptomatic contact or case No Charge
(2) Tuberculosis Skin Test for suspected, confirmed or
Symptomatic contact or case No Charge
(3) Tuberculosis (TB) Sputum Culture for suspected,
confirmed, or symptomatic contact of case No Charge
(4) Tuberculin (TB) Skin Test, with reading, any other than $35.00
listed above in C. (1).
(5) Tuberculin assessment of clients with a past history of
11/30/2010
positive skin test
$35.00
(6) Sexually Transmitted Diseases — The fee below will be adjusted considering the
client sliding fee group which is calculated at eligibility determination, based on
Federal OMB Guidelines. Medicaid identification will be accepted as full payment in
lieu of charges.
Professional Component fees
Office /Outpatient Visit, New $178.00
Office /Outpatient Visit, Established $117.00
(7) Required Vaccines for children up to age 18 and eligible for
the Vaccine for Children program No Charge
Administration fee charged to third party payer $35.00
(8) All other Immunizations Cost of vaccine x 1.5
+ $35 injection fee
(9) Class/Seminar attendance registration
Per person charge for health care, social work
and counseling employees.
AIDS 101 No Charge
AIDS 500 No Charge
AIDS 501 No Charge
(10) Expendable medical /wound care supplies such as: Sponge Gauze,
Bandages /Dressings, Gloves Cost x 3.5
(11) International Certificates of Vaccination
VITAL STATISTICS:
(1) Birth Certificates:
Additional Copies
(2) Protective Covers
(3) Death Certificates — Certified Copy
Additional Copies
(4) Express Fee
E. MEDICAL RECORDS:
(1) Copying of Medical Record (per page)
F. PUBLIC RECORDS:
(1) Copying of Public Record (per page)
G. RETURNED /DISHONORED CHECKS: (S. 215.34(2), F.S.)
2
Cost x 3.5
$ 16.00
$ 16.00
$ 4.00
$ 13.00
$ 13.00
$ 10.00
$ 1.00
25 cents
11/30/2010
A service fee of $15.00 or 5% of the face amount of the check, draft, or money order
whichever is greater, not to exceed $150.00
3 11/30/2010
RESOLUTION NO. 294 — 2010
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AUTHORIZING THE MONROE COUNTY HEALTH
DEPARTMENT TO ESTABLISH FEES SPECIFICALLY
FOR PRIMARY CARE SERVICES, COMMUNITY PUBLIC
HEALTH SERVICES, VITAL STATISTICS, MEDICAL
RECORDS, PUBLIC RECORDS AND
RETURNED/DISHONORED CHECKS OFFERED AT THE
MONROE COUNTY HEALTH DEPARTMENT AS SET
FORTH IN EXHIBIT "A" ATTACHED HERETO AND
MADE A PART OF THIS RESOLUTION.
WHEREAS, F. S. 154.01(2) requires counties to establish and maintain full -time county
health departments to provide environmental health, communicable disease control and primary
care services; and
WHEREAS, F.S. 154.01(3) requires the Department of Health to enter into contracts
with counties for this purpose; and
WHEREAS, on October 21, 2009, the Board approved the annual core contract between
the Monroe County and the Florida Department of Health for public health services; and
WHEREAS, F. S. 154.06(1) authorizes each county and each county health department
to collect fees for primary care services rendered through the county health departments provided
that a schedule of such fees is established by resolution of the Board of County Commissioners
or by rule of the department; and
WHEREAS, F.S. 154.06(2) requires all funds collected under this section to be
expended solely for the purpose of providing health services and facilities within the county
served by the county health department and pursuant to the rules and regulations cited therein
and pursuant to all other applicable rules and regulations; and
WHEREAS, on December 17, 2008, the Board approved a resolution authorizing the
Monroe County Health Department to increase the fees charged for primary care services offered
at the Monroe County Health Department (Resolution No. 502 -2008); and
WHEREAS, the Monroe County Health Department has indicated the need to re -define
and re- establish fees for public health services offered at the Monroe County Health Department
as set forth in Exhibit 'A "attached hereto and made a part of this Resolution; and
WHEREAS, the Board is satisfied with the justification provided by the Monroe County
Health Department;
NOW THEREFORE; BE IT RESOLVED BY THE BOARD OF COUNTY
COMNIISSIONERS OF MONROE COUNTY, FLORIDA that;
1. The Monroe County Health Department shall collect fees for primary care
services, community public health services, vital statistics, medical records,
public records, returned/dishonored checks as specified in Exhibit "A" attached
hereto and made a part of this Resolution.
2. The Monroe County Health Department is solely responsible for ensuring
effective notice is provided to the general public and other impacted agencies and
organizations of the specific service fee increases.
3. The Monroe County Health Department is solely responsible for enuring the
County's compliance with all financial and transitional rules and regulations, and
any other factors that may be impacted by the service fee increases at all levels;
local, state and federal.
4. Any prior resolution, ordinance or contract inconsistent herewith is hereby
repealed.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 15 day of September, AD., 2010.
_ _
"
- n
Mayor Sylvia Murphy Yes
; C-
rnv
Mayor Pro Tem Heather Carruthers Yes
Commissioner George Neugent Yes
_ ^ '
o)
CommissionerKim Wigington Yes
Commissioner Mario Di Gennaro Yes
-,:1-
Z
M
c-)
(Seal)
ATTEST: DANNY L. KOLHAGE, CLERK
By: l U ft tO
Deputy Clerk
y- �o 0
,.M o
BOARD OF COUNTY COMIVIISSIONERS
OF MONROE COUNTY, FLORIDA
4 &e - t ' '
BY: .,
Mayor
3UNTY ATT''�; �c.Y
„r , i3OVED AST 0
U NNE -
FEE RESOLUTIONS
A. PURPOSE. To establish public health service fees in order to expand
existing public health services to the community at large.
B. PRIMARY CARE SERVICES.
(1) Primary care services include well and sick adult and child health services
and family planning services. These services will be charged at not more than
150° of the prevailing Medicare rate. Where there is no Medicare fee, the fee
will be the Medicaid rate. Service levels will be determined utilizing current
Medicare guidelines for coding and billing services provided. Discounting
adjustments will be made to client fees based upon the current contract for
services with Medicare and other 3' party payers. In addition, sliding scale
adjustments to fees for primary care services will be based upon Federal OMB
guidelines and in accordance with State of Florida Department of Health Policy
564)8 -08. Medicaid is billed at the current Medicaid Cost -based rate and
reimbursement for these services is considered payment in full.
(2) Pharmacy — Medications issued will be provided at the most recent cost.
Medicaid is accepted as payment in full.
(3) Injection fee for parenteral medications per injection $35.00
(4) Lab fees - All laboratory and pathology fees are subject to sliding scale fee
adjustment based upon OMB Federal Guidelines.
a. Bloods Specimens sent to outside laboratory- cost plus a $25.00
venipuncture fee per visit.
b. Specimens tested in clinic- $10.00
(hemoglobin, urine, blood sugar, mono, wet mount, strep)
c. Pregnancy test
No charge
d. Non -blood specimens sent to outside laboratory, processing fee $10.00
per visit.
C. COMMUNITY PUBLIC HEALTH SERVICES
(1) Tuberculosis X -ray for suspected, confirmed or
Symptomatic contact or case
(2) Tuberculosis Skin Test for suspected, confirmed or
Symptomatic contact or case
(3) Tuberculosis (TB) Sputum Culture for suspected,
confirmed, or symptomatic contact of case
(4) Tuberculin (TB) Skin Test, with reading, any other than
No Charge
No Charge
No Charge
$35.00
11/12/2009
listed above in C. (1).
(5) Sexually Transmitted Diseases — The fee will be derived by considering the
client sliding fee group which is calculated at eligibility determination, based
on Federal OMB Guidelines. Medicaid identification will be accepted as full
payment in lieu of charges. $70.00
(6) Adult Immunizations: Per vaccine- cost + $35.00 injection fee per vaccine.
(7) Required Immunizations for children up to age 18 and eligible for
the Vaccine for Children program No Charge
(8) Class/Seminar attendance registration
Per person charge for health care, social work
and counseling employees.
AIDS 101 $ 5.00
AIDS 500 $10.00
AIDS 501 $50.00
VITAL STATISTICS:
(1) Birth Certificates: $1600
Additional Copies $ 16.00
(2) Protective Covers $ 4.00
(3) Death Certificates — Certified Copy $ 13.00
Additional Copies $13.00
(4) Express Fee $ 10.00
E. MEDICAL RECORDS:
(1) Copying of Medical Record (per page) $ 1.00
F. PUBLIC RECORDS:
(1) Copying of Public Record (per page) 25 cents
G. RETURNEDIDISHONORED CHECKS: (S. 215.34(2), F.S.)
A service fee of $15.00 or 5% of the face amount of the check, draft, or money
order whichever is greater, not to exceed $150.00
2 11/12/2009