1st Addendum 03/15/1995 U ,.
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flannp Itotiage
BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070
TEL. (305) 289 -6027 KEY WEST, FLORIDA 33040 TEL. (305) 852 -7145
TEL. (305) 292 -3550
MEMORANDUM
TO: Dent Pierce, Director
Division of Public Works
FROM: Ruth Ann Jantzen, Deputy Clerk ,g,�1.
DATE: April 10, 1995
On March 15, 1995 the Board of County Commissioners granted approval and
authorized execution of an Addendum to the Standard Contract between Monroe County
and the State of Florida Department of Health and Rehabilitative Services for the
planning and construction of the Marathon Public Health Unit.
Enclosed please find a fully executed duplicate original of the above Addendum
for your handling.
If you have any questions on the above, please do not hesitate to contact this
office.
cc: County Attorney
Finance
County Administrator, w/o document
File
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Addendum to Standard Contract Between
Monroe County Board of Commissioners
and•
F
State of Florida ? _ o
^i f '
Department of Health and Rehabilitative Seyices _, CD
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for Planning and Construction of r�
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Marathon Public Health Unit
Agreement made the last day below written, by and
between the BOARD OF COUNTY CO? ?ISSIONERS OF MONROE COUNTY,
FLORIDA ("County"), 500 Whitehead Street, Key West FL
33040, and the STATE OF FLORIDA, DEPARTMENT OF HEALTH AND
•� S" as the contracting agent
REHABILITATIVE SERVICES, ("HRS"), ) , a - -..y
for the Monroe County Public Health Unit, whose address is
5100 W. College Road, Key West, FL 33040,
WITNESSETH
The County and HRS hereby agree to add this
addendum to that certain Standard Contract dated the
1st day of October 1994 as follows:
1. Addendum for Marathon Public Health Unit Site:
The County and HRS have agreed that the County will
provide the Monroe County Public Health Unit (MCPHU) the
site listed as "under renovations" in the Standard Contract.
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Although not defined in the Standard Contract, the actual
_dui_on of the site referred to 1s 3333 Overseas Highway,
Marathon, Florida.
NOW, THEREFORE, for and in consideration of the mutual
promises, covenants, and obligations contained here_n and
contained in the Standard Contract the County and HRS agrees
as follows:
2. Project Funding:
A. HRS (through the MCPHU) will provide funding
from the County Public Health Unit Trust Fund in the amount
of $400,000.
B. The County agrees to contribute $400,000
3. Payment of Costs:
A. The first $400,000 in costs associated with
this project will be paid from funds that are provided by
HRS through the MCPHU.
B. The remainder of the project costs, limited
to $400,000, will be paid from. funds contributed by the
to
County.
4. Funding Uses:
A. The $800,000 in funding for this project
shall be used for costs associated with; planning,
architectural services, permitting, site preparation,
construction /renovation, purchasing, impact fees,
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assessments, deposits, charges and costs of whatsoever
nature that may be required by any local, county, state, or
federal entity for application, review, modification of
plans or applications.
B. Ali disbursement of HRS funds will be
accounted for through submission of project cost records.
5. County Obligations: Construction and Installation
of Facilities and Improvements
THE COUNTY SHALL ACT AS CONSTRUCTION MANAGER AND BE
RESPONSIBLE FOR THE FOLLOWING ACTIVITIES:
A. Selection and contract with an
Architecture /Engineering Consultant
B. Approve site design, building program,
contract documents, construction, competitive bid process
and enter into a construction contract with the successful
bidder.
C. Contract administration, schedules, cost
control and construction observation and approval.
D. Insure that the consultants and the
contractor obtain: all required permits prior to the start of
construction, filing approvals of plans with governmental
bodies and utilities having jurisdiction, that all work is
completed in accordance with applicable codes and
regulations, local and state requirements and acquire
:- .._-: g /re -_ ning or zoning variances where required.
E. Insure that the schedule of completion of
September 09, 1996 be strictly adhered to.
6. Hold Harmless and Indemnification
County and HRS each represents to the other that it
carries suitable public liability and property damage
insurance, or is self - insured in amounts adequate to cover
any claim within the limitations of Section 768.28 arising
in connection with the lease of the premises under this
Agreement and will continue to carry such insurance or
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remain self - insured during the entire term of this
Agreement. Each party shall be responsible for any acts of
negligence on the part of its agents and employees. Each
party shall hold the other party harmless from all claims
arising from negligence of its agents, employees and
independent contractors in connection with this Agreement,
and shall defend the other party against all claims arising
out of such negligence of its agents, employees and
independent contractors under this lease.
7. County Rights: Use of Facilities
In accordance with the Standard Contract, Attachment I,
Section VI (c) facilities and equipment provided by either
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party for the CPHU shall be used for public health services
provided that the county shall have the right to use such
facilities and equipment, owned or leased by the county, as
the reed arises, to the extent that such use would not
impose an unwarranted interference with the operation of the
CPHU.
8. County Obligations: Replacement of Facilities
Destruction - In the event of a partial or total
destruction of the premises during the term of this
Agreement from any cause, the County shall forthwith restore
the same as soon as reasonably possible and if economically
feasible. Any partial or total destruction shall neither
annul nor void this Agreement.
9. HRS Obligation: Coordination of Construction
HRS through Monroe County Public Health Unit (MCPHU)
officials shall consult with and coordinate with the County
Construction Manager for the planning, construction,
installation and use of the Facilities. The design,
construction, location and installation of the Facilities to
be placed on the Marathon site shall be approved in writing
by the HRS representatives, it being the intentions of the
County and HRS that HRS shall have absolute control over the
location and placement of the Facilities upon the Marathon
MCPHU premises. No other structures, improvements, or
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fixtures shall be placed upon the Marathon MCPHU premises
without prior written permission of HRS. Any approval
required by HRS hereunder shall not be unreasonably •
withheld.
10. HRS Obligation: Control Over Premises
The County agrees that, in the event of the sale, lease
or other disposition of the premises currently owned by the
County upon which the Facilities are located, the County
shall insure that such lease, sale or other disposition is
subject to this Agreement and will not interfere with HRS's
rights under :his Agreement, so long as this Agreement shall
remain in full force and effect.
11. HRS Rights: Use of Facilities
HRS shall have the right to use the Facilities without
interference to promote, protect, maintain and improve the
health and safety of the citizens and visitors through
promotion of public health, the control and eradication of
preventable diseases, and the provision of primary health
care for special populations.
12. HRS Obligations: Supervision of Activities
HRS shall be responsible for the supervision of all
activities involving the use of the Facilities which HRS or
MCPHU officials have sponsored, scheduled or over which HRS
would normally exercise control.
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13. County Obligations: Pro -Rata Reimbursement to HP3
HRS may cancel this Agreement and elect to terminate
its responsibility for operation and maintenance of the
Facilities because of a material breach of the Agreement by
the County. As defined by this Agreement, a material breach
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shall be one that substantially departs from the letter an.
spirit of the terms of this Agreement. In the event of
cancellation the County shall, within six (6) months of
cancellation, reimburse HRS for the adjusted value of the
Facilities put in by HRS.
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13. Non- Assignment
This Agreement may not be assigned, and the County or
HRS may not rent or sublease any part of the Facilities,
without the express prior written consent of the other
party.
14. Notice of Breach; Cure
In the event of a breach of any term of this Agreement
by one party, it shall be the obligation of the other party
to provide written notice of such breach or violation, and a
reasonable period of time shall be allowed for the curing of
such breach or violation, the reasonableness of the time
period being determined by the circumstances and nature cf
the breach.
15. Notice of Unsafe Condition
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In the event that either party becomes aware of an
unsafe situation, it shall correct the same or, if such is
the responsibility of the other party, notify the other
party of the hazard and the need for corrective action.
In all other respects, the provisions of the Standard
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Contract between the Monroe County E of County
Commissioners and the State of Florida Department of Health
and Rehabilitative Services, dated, October 1, 1994, shall
remain in effect and be unchanged by this addendum.
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IN WITNESS WHEREOF, the Board of County Commissioners of
Monroe County, Florida, pursuant to a motion duly made,
seconded and passed in regular and open session and by and •
through its Mayor and Clerk; and HRS, by and through its
District 11 Administrator and Monroe County Public Health
Unit Administrator, have affixed their respective and
representative hands and seals on the dates indicated.
(SEAL) BOARD OF COUNTY COISSIONERS
Attest DANNY L. KOLITAGE, CW OF MONROE COUNTY, FLORIDA
BY . • ,... 1 - e. 44( By.
4 41161
Date: 31151015
(SEA STATE OF FLORIDA, DEPARTMENT
OF Attest: HEATH AND REHABILITATIVE
SERVICES
By B a�Lo 1/✓�(ll
- �9 44 mCPI -10 ADmwtSTgA1
Date: At 3.2 7.95
APPROVED AS TO FOr
AND LEGAL SUFF
4/0■41 Atto "
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