Loading...
5/18/2016 Agreement CL ~ ^f _ gyp p,�. t :t4.* *,e' "/ ��' r h„. -,. 3 ' - ''k -,--//r. k, .' CLERK OF CIRCUIT COURT & COMPTROLLER ,‘ - -� ,� �' MONROE COUNTY,FLORIDA c .• .PtOR DApl�. DATE: July 8, 2016 TO: Doug Sposito, Director Project Management FROM: Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller C 1- At the May 18, 2016 Board of County Commissioner's meeting the Board granted approval and execution of the following Item H2 Approval of an inter-local agreement with the City of Key West Housing Authority to renovate and utilize the Senior Citizen Plaza kitchen for the County's Congregate Meal Program and seniors' social activities. The renovations will be funded from the one-cent infrastructure tax. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions,please feel free to contact our office. cc: County Attorney Finance/ File V 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146 oRIGINAL MONROE COUNTY CONGREGATE MEAL PROGRAM INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is made and entered into this 18th day of May, 2016 by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, 2-257, Key West, FL, 33040, ("County"), and the Housing Authority of the City of Key West, a body politic organized under Florida Statute Chapter 421, whose address is 1400 Kennedy Drive, Key West, Florida 33040 ("Housing Authority"). WHEREAS, the Housing Authority owns property located at 1400 Kennedy Drive known as the Henry V. Haskins Senior Citizen Plaza; and WHEREAS, the Housing Authority has a facility in the central courtyard of the Senior Citizen Plaza that houses a commercial kitchen as well as an auditorium; and WHEREAS, the County has a Congregate Meal Program which provides congregate and home-delivered meals and social activity opportunities to senior citizens, free of charge; and WHEREAS, the kitchen facilities in the Senior Citizen Plaza are in need of renovations to be brought current with commercial building code requirements; and WHEREAS, the County is in need of a facility to house its Congregate Meal Program; and WHEREAS, the Housing Authority finds that renovating the kitchen and providing a Congregate Meal Program which provides both free meals and social activity opportunities would be highly beneficial to the residents of the Senior Citizen Plaza; and WHEREAS, both the County and the Housing Authority agree that renovating the kitchen and providing a Congregate Meal Program which provides meals and social activity opportunities serves a great public interest; NOW THEREFORE, in consideration of the mutual promises and conditions contained herein,the parties agree as follows: 1. PROPERTY. The Housing Authority agrees to the County having joint use of the kitchen/auditorium building at the Senior Citizen Plaza located at 1400 Kennedy Drive as identified on Exhibit A, hereafter "the Premises". Exhibit A is attached and made a part of this Agreement. 2. TERM. A. Subject to and upon the terms and conditions set forth herein, this Agreement shall continue in force for a term of Five (5) years commencing as of the 18th day of May, 2016 and ending on the 17th day of May, 2021. 3. RENOVATIONS IN LIEU OF PAYMENTS. In lieu of rent payments, the County will pay for the costs of equipping and renovating the kitchen in.accordance with the City of Key West commercial building code and agrees to provide meals to the residents of the Senior Citizens Plaza who complete the grant-required documentation. The County's cost for equipping and renovating the facilities are estimated to not exceed $200,000. In the event the final design exceeds the estimate, the County will submit the anticipated overage to the Housing Authority for approval and inclusion in this Interlocal Agreement. 4. RENOVATIONS and IMPROVEMENTS. A. Design and renovation work will be procured in accordance with Monroe County Purchasing Policy and Procedures. The County and the Housing Authority shall review and approve the renovation design plans prior to proceeding to renovation of the facility. All fixed improvements such as gas lines, vents, fixed range hoods, fire suppression systems, etc., will become the property of the Housing Authority upon termination of this Agreement. The County will retain ownership of all moveable kitchen (trade) equipment such as stoves, microwave ovens,refrigerators, freezers,mixers, blenders, etc. B. County shall obtain and pay for all permits required for renovation of the facility. Renovations shall be constructed in a good and workmanlike manner at the County.'s sole cost and expense. All work shall be performed Monday— Friday between the hours of 8:00 a.m. and 5:00 p.m. C. Upon completion of the renovations; i. the Housing Authority shall be responsible for the maintenance and repair of the interior and exterior of the building, including drywall, doors, electrical, plumbing, HVAC and all fixed improvements (excluding the fixed improvements referred to in 4A above, which shall be maintained,repaired, and replaced by the County). • ii. the County shall be responsible for replacement,maintenance and repair of all County owned kitchen equipment including microwaves ovens, stoves, refrigerators, freezers, etc. 5. HOURS OF USE. County shall be entitled to joint use of the auditorium Monday through Friday between the hours of 9. a.m. and 1:30 p.m. for purposes of serving meals and providing activities for attendees of the Congregate Meal Program. County shall have use of the kitchen facilities Monday through Friday between the hours of 9 a.m. and 1 p.m. for the purposes. of preparing both hot and cold congregate and home-delivered meals. In the event the Housing • Authority has a conflicting need for the facility, the Housing Authority will provide the County with seven days' notice. During any period of time the Housing Authority needs to use the auditorium the County will be entitled to joint use of the covered shuffleboard pavilion for purposes of providing Congregate Meal Program services. In the event the Housing Authority has a conflicting need for the kitchen, the Housing Authority will provide the County with seven days' notice. The County and Housing Authority will share kitchen space during any time of conflicting kitchen needs; however, the County Congregate Meal Program services will take priority in the kitchen during the hours of 9 a.m. to 1 p.m. Food vendor deliveries can be made to the outbuilding/storage building (as identified on Exhibit A) next to the administration building at any time; or to the kitchen area ONLY between the hours of 8 am and 5 pm. 6 UTILITIES AND JANTIORIAL SERVICE. The Housing Authority shall be responsible for providing all janitorial services such as: mopping the auditorium, cleaning restrooms, waxing floors, washing windows, removing trash, etc. Monroe County Nutrition Staff will be responsible for day to day routine cleaning, such as: bagging up trash after each meal service, wiping tables after meals, wiping counter tops after food preparation, cleaning utensils and dishes, etc. If the utility costs exceed 110% of the historical monthly average cost for utility services on the premises, the County will reimburse the difference. 7. TERMINATION/PRORATED COST. A. Either party may terminate this Agreement upon 1 year's written notice. B. The County shall be entitled to reimbursement. of the prorated construction/renovation costs if the Housing Authority exercises its right to terminate this Agreement prior to the completion of the 5 (five) year term. The County shall not be entitled to the prorated reimbursement in the event the County exercises this right to.terminate. Upon completion of the renovation of the kitchen/auditorium building at the Senior.Citizen.Plaza the. County and the Housing Authority shall execute an amendment to this Agreement-which provides a 5 (five) year amortization table of the County's costs. 8. DEFAULT. In the event of any failure of compliance by either party hereto with any of its material obligations to the other party as provided for herein such action shall constitute a default under this.Agreement. Upon any such default, the non-defaulting party shall provide to the defaulting party a written Notice of such default, which Notice (a "Default Notice") shall state in reasonable detail the actions the defaulting party must take to cure the same. The defaulting party shall cure any such default, within 30 days following the date of the Default Notice. Notwithstanding the provisions of this Agreement, if any such default by the defaulting party remains uncured at the conclusion of any specified 30 day cure period, and if the nature of the defaulting party's obligations are such that more than 30 days is required to effect cure, then the defaulting party shall not be in default hereunder and the non-defaulting party shall not have the right to exercise its termination rights granted herein as a result of any such default, if the defaulting party commences cure within the applicable cure period and thereafter diligently pursues cure to completion of performance. In the event the defaulting party fails to affect any required cure as provided for herein, the defaulting party shall be deemed to be in uncured default hereunder, and the non-defaulting party shall have the right, but shall not be obligated, upon written Notice to the defaulting party, to terminate this Agreement. If such Notice is given, this Agreement shall terminate on the date set forth in the Notice and the parties shall be relieved of all rights and obligations hereunder, except for any rights and obligations that survive termination. 9. INDEMNIFICATION. To the extent permitted by law and subject to the provisions and monetary limitations of Section 768.28, Florida Statutes, the Housing Authority of the City of Key West does hereby agree to defend, indemnify and hold the County, its officers, agents, or employees, harmless from and against any and all liability, damages, costs or expenses (including reasonable attorneys' fees, costs, and expenses at both the trial and appellate levels) arising from the acts or omissions of the Housing Authority of the City of Key West or any third party vendor contracted by the Housing Authority of the City of Key West in connection with this Agreement. To the extent permitted by law and subject to the provisions and monetary limitations of Section 768.28, Florida Statutes, the County does hereby agree to defend, indemnify and hold the Housing Authority of the City of Key West its officers, agents, or employees,harmless from and against any and all liability, damages, costs or expenses (including reasonable attorneys' fees, costs, and expenses at both the trial and appellate levels) arising from the acts or omissions of the County or any third party vendor contracted by the County in connection with this Agreement. BALANCE OF PAGE IS BLANK J"cj • • 10. NOTICES. All notices,requests, demands, elections, consents, approvals and other communications hereunder must be in writing and addressed as follows, or to any other address which either party may designate to the other party by mail: If to County: Roman Gastesi, Jr. County Administrator Monroe County Historic Gato Building 1100 Simonton Street Key West, Florida 33040 With a copy to: Robert Shillinger, Esq. Monroe County Attorney's Office 1111 12th St. Suite 408 Key West, Florida 33040 If to Housing Authority of the City of Key West: J. Manuel Castillo, Sr. Executive Director 1400 Kennedy Drive Key West, Florida 33040 With a copy to: John M. Spottswood, Esq. Spottswood, Spottswood & Spottswood 500 Fleming Street Key West, Florida 33040 Any Notice required by this Agreement to be given or made within a specified period of time, or on or before a date certain, shall be deemed to have been duly given if sent by certified mail, return receipt requested, postage and fees prepaid; hand delivered; or sent by overnight delivery service. 11. ATTORNEY'S FEES AND WAIVER OF JURY TRIAL. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. In the event of any litigation arising out of this Agreement, each party hereby knowingly, irrevocably, voluntarily and intentionally waives its right to trial by jury. 12. GOVERNING LAW. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Exclusive venue for any litigation arising out of this Agreement shall be in Monroe County, Florida or the Southern District of Florida. This Agreement is not subject to arbitration. Both parties recognize and agree to abide by the Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes, prior to the institution of any litigation arising from this Agreement. 13. PUBLIC ACCESS. Pursuant to Florida Statute §119.0701, the Housing Authority and County shall comply with all public records laws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in the performance of this Agreement. (b) Provide the public with access to public records on the same terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. 14. ENTIRE AGREEMENT. This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 15. NONASSIGNABILITY. This Agreement shall not be assignable by either party unless such assignment is first approved by both parties. 16. SEVERABILITY. If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. ,1"" A = ORIGINAL 17. WAIVER. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation,breach or wrongful conduct. 18. SURVIVAL OF PROVISIONS. Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 19. COUNTERPARTS. This Agreement may be executed in several counterparts, each of which shall be deemed original and such counterparts shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first written above. (SEAL) BOARD OF COUNTY COMMISSIONERS 01• %0,4a� i:. AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA .'t 1140 I L Al bet' ?TY) 5 . _ 4 �" B' irk°�4 ,((�} Mayo eat Carruthers (SEAL) HOUSING AUTHORITY OF THE CITY OF KEY WE ATTEST: Bym JAtet...e..€42 a/A-17 By: .„ Manuel Castillo, Sr. �'' = "w Executive Director v co v E--: M o:R-E CC%i-N-I Y ;.,;=tNsE`Y AP R JED Ac t ,`t PM Social Services-Congregate Meal Program-ILA with HA of KW v8 Mar.2016 FINAL.docx r•_rv,5 Zr l PEDRO J. + ASS a 'UNITY A;TOPAEY ate_ ‘�3�/6 ,-... — -- —. -- —_ —_ 1 - _ ,. . OUT BUILDING I....____..__ _I -..,-.............. I ••. EXHIBIT T."A" N.\\ L . „ , ,, IA _. .aa. 121 Ld 12 ill Ld idi 0 rc _ 3 . .z ... .0:: • ...L a: :.1.: a: .2C. 1 -!-- 111.4.141,9( • g..-. .....) . .I.V.IIPM!• 113 1:In °LIT_L wii i 1 Z I ‘, .. 1 -LLI. ••••4 cwwi 3. . i at 1 JAL — •••••• 1 Lea le.L...71Wi "MK II 1. I II 1 1 11 1 IPA. 1 . i :I "".. ...m..... 5 ! I - i \ I 1 . ,.......rt i eQ174.0011Y AM 4 i __:_=:, 1 _ ---„-- 1 n 7 t . I _ 1 ia. . .........—...- • t .. •.,• n lo 9 L.V...., 1.1 ill! "atir.4 I -I ii . !a t I o II LA) .as. inirE. Eje.:.. tia. SkkAtth.m.at it p !...... . EZ F . 6./....'....1121 I 1•t__•a Lin J.". I 1111 • ' .ar.... .:11:w L-•.1-wirri al sit,(4 10..:, aL 4 .:'d .__ ...• rr-- 192 sit al Jt.t. „Lei 1,21 Lai im IAL Ida 12!.._ . al 121 - [--- : I , 1 . t N . . AIM*****NCt . ) L111 . i ..-.....--.- 1/ I 4°' ..../.' FIRST LOOK P LA N SENIOR CITIZEA PLAZA CI FLORIDA DRIVE - -.... 1401.<E01, .1:::-.15NTE, . .