FY2011 2nd Amendment 07/20/2011SECOND AMENDMENT TO CORE CONTRACT
HIS SEC D AMENDMENT TO CORE CONTRACT is made and entered into
this day of , 2011, between the MONROE COUNTY (COUNTY) and STATE
OF FLORIDA D A MENT OF HEALTH (CHD or DEPARTMENT) (collectively, the
"Parties ").
WHEREAS, on November 17, 2010, the Parties entered into a Core Contract
(Contract) for the term October 1, 2010 through September 30, 2011, for the purpose of
providing cooperation and funding of State Health department services in Monroe
County; and
WHEREAS, since at least 1992, the County has obtained space from the City of
Key West ( "City") at the Douglass Community Center, located at the Roosevelt Sands
Center, 105 Olivia St., Key West, Florida, to be used as a Primary Care Clinic and
Health to be operated by the CHD; and
WHEREAS, the County is about to enter into a new interlocal agreement with the
City of Key West for the use of the Douglass Community Center; and
WHEREAS, the interlocal agreement between the City and County for the first
time requires the County to pay maintenance and repair costs and to indemnify the City
in event of loss, in return for the installation of an upgraded heating, ventilation, and air
conditioning system; and
WHEREAS, the Parties wish to amend the Core Contract in order to clarify that
the CHD will be responsible for said operating and maintenance costs and will indemnify
the County in the event of a loss.
NOW THEREFORE, IN CONSIDERATION of the mutual covenants contained
herein the parties agree to the amended agreement as follows:
Paragraph 7(e) will be replaced in its entirety with the following:
e. Pursuant to an interlocal agreement between the City of Key West and the
County, the CHD will continue to operate a Primary Care Clinic and
County Health Resource Center, known as the "Roosevelt Sands Center',
located within the Douglass Community Center, 830 Emma Street, Key
West, Florida, subject to the following terms and conditions:
The Department agrees that the Douglass Community Center
( "Premises ") will only be used for the operation of a Primary Care
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Clinic and County Health Resource Center and activities related
thereto and not for any other purposes, including as a residence or
for living or sleeping overnight. The Department agrees not to
commit waste in the Premises and to keep the Premises in safe,
neat, clean, and orderly condition. The Department understands
that the lavatories that serve the adjacent gymnasium may not be
utilized during any and all hours of operation of the gymnasium.
The Department may elect to utilize the lavatories for after hours
use. The Department understands that from time to time a portion
of the Premises may be used as a community center upon
reasonable notice.
ii. The Department is insured under the State Risk Management Trust
Fund, pursuant to Chapter 284, Part II, and Section 768.28, Florida
Statute. The Department covenants and agrees to keep in force
during the term of the Core Contract, a comprehensive general
liability policy in the amount of one hundred thousand dollars
($100,000) per person and two hundred thousand dollars
($200,000) per occurrence for General Liability. Said policy shall
name the County as an additional insured.
iii. To the extent permitted by law and subject to the provisions and
monetary limitations of Section 768.28, Florida Statutes, the
Department does hereby agree to defend, indemnify and hold the
County, its officers and employees, harmless from and against any
and all liability, damages and costs (including attorneys' fees and
costs at the trial and appellate level) arising from the acts or
omissions of the Department in connection with its occupancy of the
Premises.
iv. The Department covenants and agrees that during the term of its
occupancy of the Premises, it will keep the Premises and any
furnishing therein in good repair and in current condition. The
Department understands that the City of Key West has installed
new heating, ventilation, and air conditioning (HVAC) equipment in
the premises. In return for the installation of this equipment, the
Department covenants and agree to enter into a maintenance
agreement with a qualified mechanical service contractor to ensure
that the HVAC equipment is maintained in accordance with the
manufacturer's specifications, and by January 31 of each year, to
provide the County with an annual report detailing the maintenance
condition of the equipment during the previous year. If, in the
alternative, the Department undertakes the maintenance of the
HVAC equipment itself, the Department will have the equipment
and systems inspected annually by an outside mechanical
contractor and will provide the County with a report of the condition
of the same by January 31 of each year.
V. The Department will pay for all utilities associated with the use of
the Premises, including, but not limited to, water, electricity, sewer,
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gas, and solid waste. In the event that a separate bill for the
Premises is not available for one or more of the utility services
required by the Premises, then the Department will pay a pro -rated
share of that particular utility based on the square footage of the
Premises and /or the parties' estimated usage of that particular
utility.
vi. All fixtures, equipment and signs used on the Premises by the
Department but provided by the City of Key West or the County will
at all times remain the property of the City or County. At the
conclusion of the Department's use of the Premises, the
Department will have the right to remove any furnishings, fixtures,
equipment and sign provided by the Department, provided that in
doing so, the Department shall pay or reimburse the County for the
reasonable expense of any costs of repair necessitated by the
removal.
vii. The Department agrees to reimburse the County for the outstanding
expense of installing the HVAC equipment provided by the City of
Key West, in an amount not to exceed $28,115.00, as detailed in
the additional work list incorporated as Exhibit 1 attached hereto.
2. The Department shall send a copy of this amendment to the State
Department of Health, Bureau of Budget Management.
3. The remaining provisions of the Contract effective October 1, 2010, shall
remain in full force and effect.
4. The signatories below represent that they have full authority to execute
this amendment on behalf of their respective agencies.
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IN WITNESS WHEREOF, the parties have set their hands and seal on the day
and year first above written.
FOR STATE OF FLORIDA HEALTH DEPARTMENT:
Robert B. adie, J.D.
Administrator
FOR COUNTY:
L. KOLHAGE, CLERK
By:
Deputy Clerk
BOARD OF COUNTY
COMMISSIONERS OF
MONROE UNTY, FLORIDA
Mayor/ air a
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