Item G2BOARD OF GOVERNORS OF FIRE AND AMBULANCE DISTRICT I
AGENDA ITEM SUMMARY
Meeting Date: September 17,2014 Division- - Emergency Services
Bulk Item: Yes M No ❑
Department: Fire Rescue
Staff Contact Person: Chief James Callahan 289-6088
AGENDA ITEM WORDING: Approval to enter into a Lease Agreement with Sugarloaf Volunteer Fire Department,
Inc., for the housing of career firefighters assigned to Sugarloaf Fire Station #10 ensuring fire and ems coverage, and
approval of a facilities use agreement between MCFR and Sugarloaf School for the use of their workout facility for
physical fitness; and authorization for Fire Chief to execute all necessary documents.
ITEM BACKGROUND- On September 12, 2013, Monroe County Board of County Commissioners approved career
staffing of the Sugarloaf Fire Station. Effective 0800 hours the next day, September 13, 2013, the Sugarloaf Fire Station
10 became a combination career/volunteer fire station. Effective on this date, Station 10 was staffed 24/7 with two (2)
career Firefighter/EMS personnel, supplemented by volunteers. The goal has been to provide both fire and ALS
medical services on a Fire Engine, paramedic staffing permitting. This combination station has operated cooperatively,
the same as all other combination fire stations in Monroe County Fire Rescue (MCFR, in accordance with county policy
and MCFR standard operating procedures. The facilities use agreement between MCFR and Sugarloaf School is to
provide a place MCFR personnel can utilize for physical fitness.
PREVIOUS RELEVANT BOG ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $11,857 per year INDIRECT COST: $ N/A BUDGETED: Yes 9 No ❑
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
SOURCE OF FUNDS: 141-11500-5304qO
COST TO COUNTY:
REVENU I, PRODUCING: Yes ❑ No 0 AMOUNT PER MONTH
0* fAk-
APPROVED BY: County Attorney: OMB/Pure asing: ❑
DOCUMENTATION: Included: 0 Not Required: ❑
DISPOSITION: AGENDA ITEM #:
$11,857 per year
Year
Risk Management:
BOARD OF GOVERNORS OF FIRE AND AMBULANCE DISTRICT I
CONTRACT SUMMARY
Contract with: Sugarloaf Volunteer Fire Department, Inc. Contract #
Effective Date: 05/21/2014
Expiration Date: 05/20/2024
Conti -act Purpose/Description:
APw_()Kpl_A.qenter into a Lease Agreement with Sugarloaf Volunteer Fire Department, Inc., for the housiniz o
c ems e and authoriz
ation for
Fire Chief to execute all necessary documents.
Contract Manager: Holly Pfiester 6088 Emergency Services / Stop 14
(Name) (Ext.) (Department/Stop #)
for BOG rneeling on 09/17/2014 Agenda Deadline: 09/02/2014
Total Dollar Value of Contract:
Budgeted? Yes X No ❑
Grant: $
County Match- $
CONTRACT COSTS
$11,857 per year
Account Codes:
Current FY 14 Year Portion:
141-11500-5304q 0
ADDITIONAL COSTS
IEstimated Ongoing Costs: $11,857 per year For:
Division Director
Risk Management
OMB / Purchasing
County Attorney
Comments:
I
0MIA Fnrin Rvvked ?/?7/01 MCP fi?
$11,857 per year
(i,e, maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In Changes Needed?
I/ Yes ❑ No
T�
Yes ❑ No 0"
P17" Yes ❑ No El
-7 [4 Yes ❑ No EV
Reviewer
Date Out
z
LEASE
THIS LEASE entered into this 21 st day of May, 2014, by and between
SUGARLOAF VOLUNTEER FIRE DEPARTMENT, INC., hereinafter
referred to as "Lessor", MONROE COUNTY, FLORIDA, and FIRE AND
AMBULANCE DISTRICT 1 OF MONROE COUNTY, FLORIDA, hereinafter
referred to cumulatively as "Lessee." Effective date of this Lease shall be
construed as the date when the last party has signed this Lease.
WITNESSETH:
IN CONSIDERATION of the mutual covenants contained herein, the
Parties covenant and agree as follows:
1, PREMISES: Lessor hereby leases to Lessee certain premises legally
described as 17175 Overseas Highway, Sugarloaf Rey, Florida 33042.
Lessee shall have and hold the premises for the Lease Term. Lessee shall
use premises solely for the temporary housing of MCFR career firefighter
employees on a 24 hour a day basis for staffing at the Sugarloaf Fire
Station. These employees are engaged in fire and rescue emergency
services in Monroe County, Florida. This Lease does not relinquish
ultimate control over any portion of the building or property by the
Lessor to the Lessee. Areas for use by Lessor and Lessee are as defined
below and shall be known as Joint Use Areas, Lessor Sole Use Areas and
Lessee Sole Use Areas.
Lessor and Lessee shall maintain joint use of all areas of the premises
except as notified below ("Joint Use Areas").
Lessor shall have exclusive use of the following areas of the premises
("Lessor Sole Use Areas"):
a. Volunteer fire department office.
b. Certain storage areas designated for storage of volunteer fire
department equipment and other possessions, including enclosed,
open and overhead.
Lessee shall hold exclusive use of the following areas of the premises
("Lessee Sole Use Areas"):
a. Sleeping area including lockers for personal effects.
b. Drug locker.
Lessor will provide a minimum of two (2) designated parking spaces for
the use of Fire Rescue personnel.
2. TERM: The term of this Lease is for 120 months commencing on May
21,
2014 and terminating on May 20, 2024. In the event that either party
wishes to terminate this Lease, the Lessee will have one hundred eighty
(180) days to vacate the premises.
3. EQUIPMENT: Lessee will provide its own fire service equipment.
4. RENT: Lessee agrees to pay the Lessor rent for the premises in the
amount of Ten Dollars and no Cents ($10-00) per annum. This amount
will be paid after presentation of an invoice in accordance with the
Florida Local Government Prompt Payment Act.
Lessee shall keep the premises and station equipment in good order and
repair.
If the premises are destroyed by fire or other casualties not resulting from
Lessee's negligence or fault, then Lessor shall be under no obligation to
rebuild. If Lessor elects not to rebuild, this Lease shall become null and
void. If Lessor elects to rebuild the premises, it may do so within a
period of two hundred seventy (270) days by restoring the demised
premises to a condition reasonably similar to that as of the date of the
execution of this Lease.
S. SECURITY: No security deposit will be required.
If the Lessee vacates or abandons the premises in violation of this Lease,
any property belonging to the Lessee that the Lessee leaves on the
premises shall be deemed to have been abandoned and may be retained
by the Lessor as property of the Lessor, or be disposed of at a public or
private sale, provided that Lessor first provides twenty (20) days' written
notice to the Lessee and provides a reasonable opportunity for Lessee to
retrieve said property. Any proceeds of such sale, at the current fair
market value, may thereafter be applied by Lessor against: (1) expenses
of the Lessor for removing, storage or sale of the personal property, (2)
PA
the arrears of rent, or future rent, payable under this Lease, and (3) any
other damages to which the Lessor may be entitled hereunder. The
balance of any such amounts, if any, shall be given to the Lessee.
6. USES: Lessee shall neither commit, nor permit waste of the demised
premises, shall use with care and shall not destroy or remove without
consent of the Lessor, any fixtures or improvements of the premises.
Lessee shall not maintain, commit, or permit, the maintenance or
commission of any nuisance on the premises. Toilets and other plumbing
apparatus shall not be used for any other purpose than those for which
they were constructed. Any damages resulting from misuse shall be
borne by the Lessee.
Lessee shall be permitted to erect signs on premises with prior
permission of Lessor, including but not limited to a sign containing the
name "Monroe County Fire Rescue Sugarloaf Fire Station No. 10. " The
Lessor's decision on signage will be delivered no later than fifteen (15)
days after the Lessee's request. All contact between the parties on this
issue may be by e-mails between the Fire Chief or his designee and the
Chief and/or President of Lessor. Lessor retains the right to display
signage for its own purposes provided it meets all legal requirements.
Lessee shall not remove any interior or existing signs without Lessor's
consent/permission.
7. MAINTENANCE: The Lessee agrees to be responsible for the
maintenance and janitorial services of all areas, both interior and exterior,
of the building which they utilize. Lessee shall maintain the exterior
grounds. All maintenance and janitorial service shall be completed
within a reasonable timeframe. The foregoing provision notwithstanding,
the Lessor agrees to be responsible for maintenance and janitorial service
of any areas under the sole and exclusive control of the Lessor, and
further agrees to be responsible for maintenance and janitorial service of
any portion of the Premises used by Lessor or a third party.
8. IMPROVEMENTS AND REPAIRS: Lessee reserves the right from
time to time to make such improvements, alterations, renovations,
changes and repairs in and about the premises as Lessee shall deem
desirable; and Lessee shall make no claims against Lessor for the
interference with Lessee's leasehold interest, or loss of damages, to its
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operation during such improvements, alterations, renovations, changes
and repairs.
Lessee shall have the right at Lessee's own expense to improve or alter
the interior and exterior of the demised premises. Any improvements or
alterations proposed must first be submitted in writing for approval by
the Lessor. No improvements or alterations shall be made without the
prior written consent of the Lessor, which consent shall not be
unreasonably withheld. The Lessor's decision on Lessee's request for
consent will be delivered no later than seven (7) days after the delivery of
the request. If no decision is issued, then the Lessor shall be deemed to
have consented. If Lessee's improvements or alterations result in the
need to retrofit or alter the existing structure, such additional work shall
be at Lessee's expense.
Lessee covenants that any such improvements and alterations shall be
made in a workmanlike manner and in compliance with all federal, state
and municipal laws and requirements.
Lessee's improvements or alterations erected or made on the demised
premises shall, upon expiration or sooner termination of this Lease,
belong to the Lessor.
With respect to repairs and/or replacement of all mechanical
infrastructures, Lessee and Lessor shall mutually agree that the repair
and/or replacement is necessary. The Lessee shall bear the first one
thousand dollars ($1,000.00) of the cost of repair and/or replacement of
mechanical infrastructures. Thereafter, the Lessor shall bear fifty percent
(50%) and the Lessee shall bear fifty percent (50%) of any cost of repair
and/or replacement in excess of one thousand dollars ($1,000.00). For
purposes of this paragraph, the term "mechanical infrastructure" means
the following appliances: hot water heater, air conditioners, refrigerators,
stoves, garage door openers, freezers, air compressors, washer/dryer and
lighting.
9. UTILITIES AND OTHER SERVICES: Lessee shall be responsible
for payment of all utilities on a monthly basis; including but not limited
to: water, electric, sewage, trash removal, telephone, Internet service,
cable TV, LP cooking gas, insect and rodent extermination.
4
1O.INSURANCE AND LIABILITY: Lessee shall provide all required
casualty and liability insurance at current levels of insurance for the
property and its operation, including general liability insurance, flood
insurance and windstorm insurance. Lessee shall maintain sufficient
insurance to protect the Lessor and the Lessee from all claims of property
damage and personal injury, including death, whether the claims are
under the Worker's Compensation Act or otherwise, which may arise
from operations under this Lease. Lessee shall file certificates of
insurance with Lessor on a yearly basis as insurance becomes renewable.
Lessee shall not occupy or use the demised premises or permit them to be
occupied or used for any business or purpose that would increase the
premium for fire insurance on the building under the normal rates
applicable, If Lessee is self -insured, the Lessee shall provide adequate
documentation to show that it has sufficient reserves for said self-
insurance.
To the extent allowed by Section 768.28, Florida Statutes, and without
waiving the provisions of that statute, Lessee agrees, covenants and
warrants that it will indemnify and hold the Lessor harmless from any
loss, cost or expense whatsoever directly, or indirectly, resulting or
occasioned to Lessor by the injury to, or destruction of life or property
resulting from the use or occupancy of the premises by Lessee, Lessee's
agents, servants, employees, independent contractors, invitees or
licensees, or resulting from the intentional or negligent act or omission of
Lessee, its employees, servants, agents, independent contractors, invitees
or licensee, including the reasonable attorney's fees of Lessor.
If Lessor and Lessee agree, Lessee may choose to reimburse Lessor for
the full cost of maintaining the current insurance coverage.
1. SUBLETTING: Lessee shall not assign this Lease, or any interest
hereunder, or sublet the demised premises or any part thereof, or any
right or privilege or appurtenance thereto without the prior consent of
Lessor.
12. ADDITIONAL USES: It is understood and agreed that Lessor shall
not bear any expense for the establishment of temporary or permanent
living quarters for the overnight duty crews. The parties understand that
the establishment of living quarters for overnight duty crews will require
5
the County to undertake some construction in order to create the living
quarters and move the existing workout room to an offsite location. The
parties agree to use their best efforts to ensure that the construction and
establishment of the living quarters and the steps necessary to move the
workout room to another location, will be completed within nine (9)
months from the date of execution of this agreement. The parties agree to
cooperate fully with one another in order to accomplish these purposes.
13. JURISDICTION AND VENUE: Any legal action or proceeding
arising out of or in any way connected with this Lease shall be instituted
in a court (federal or state) located in Monroe County, Florida, which
shall be the exclusive jurisdiction and venue for litigation concerning this
Lease. Lessor and Lessee shall be subject to the jurisdiction of those
courts in any legal action or proceeding.
14. ACCESS TO PREMISES: Lessor and persons authorized by Lessor
may enter the premises at any time in the event of an emergency or for
routine day to day business operations. Lessor and persons authorized by
Lessor shall also have the right to enter the premises at all reasonable
times to make repairs, replacements and improvements that Lessor deems
necessary for the safety, protection or preservation of the building with
consent of Lessee and notice to Battalion Chief and company officer.
15. INDEMNIFICATION: Subject to and without waiving the protections
of Section 768.28, Florida Statutes, Lessor and Lessee shall each
indemnify, defend and hold harmless the other party and the other party's
employees, agents, and contractors ( the "Indemnified Parties") from and
against any and all loss, damage, claim, demand, liability or expense
(including reasonable attorneys' fees) resulting from claims by third
parties and based on any acts or omissions (specifically including
negligence and the failure to comply with this Lease) of the Indemnitor,
its employees, agents, and contractors and only to the extent caused in
whole or in part by acts or omissions of the Indemnitor, its employees,
agents and contractors regardless of whether the claim is caused in part
by any of the Indemnified Parties. When any claim is caused by the joint
acts or omissions of the Indemnitor and the Indemnified Parties, the
Indemnitor's duties under this article shall be in proportion to the
Inden-mitor's allocable share of the joint liability.
11
16. ANTIWAIVER: The failure of a party to insist on the strict
performance of any provision of this Lease or to exercise any remedy for
any default shall not be constructed as a waiver. The waiver of any
noncompliance with this Lease shall not prevent subsequent similar
noncompliance from being a default. No notice to or demand on a party
shall of itself entitle the party to any other or further notice or demand in
similar or other circumstances. No waiver shall be effective unless
expressed in writing and signed by the waiving party.
IT GOVERNMENTAL REGULATIONS: Lessee shall promptly
comply with all laws, orders and regulations of all county, state, federal
and other applicable governmental authorities, including the ADA and
Environmental Laws, but not limited to that may now or hereafter be in
force, pertaining to Lessee or its use of the premises, and all laws that
shall impose any duty on Lessee concerning the premises or the use or
occupancy of the premises, including all laws relating to fire and safety,
hazardous materials, indoor air quality, and to persons with disabilities
(whether the requirements be structural or nonstructural), and
specifically, but without limitation, installation and maintenance of
sprinklers, fire alarms, smoke detectors and other sensors and alterations
and other measures necessary to comply with the ADA. Lessee shall
comply with all requirements of the Board of Fire Underwriters of the
State of Florida or any other similar body affecting the premises.
18. SURRENDER OBLIGATIONS: Lessee shall surrender the premises
to Lessor at the expiration or sooner termination of this Lease in good
order and condition, broom clean, except for reasonable wear and tear
and damage by fire or other casualty covered by the property insurance
carried or required to be carried by Lessor under this Lease and Lessee
shall surrender all keys for the premises to Lessor. Unless Lessor has
consented in writing to Lessee's holding over, Lessee shall be liable to
Lessor for all damages, including any consequential damages, that Lessor
may suffer by reason of any holding over by Lessee, and Lessee shall
indemnify, defend and save Lessor harmless against all costs, claims, loss
or liability resulting from delay by Lessee in so surrendering the
premises, including any claims made by any succeeding Lessee founded
on any delay. No holding over by Lessee after the expiration of the
Lease Term shall be construed to extend the Lease Term or prevent
Lessor from immediate recovery of possession of the premises.
0
19. LESSOR'S PROPERTY: The term "Lessor's Property" shall mean
all fixtures, equipment, improvements, appurtenances and carpeting
attached to or built into the premises at the Commencement Date or
during the Lease Term, whether or not by or at the expense of Lessee,
and any personal property in the premises on the Commencement Date,
unless the personal property was paid for by the Lessee. All Alterations,
whether temporary or permanent in character, including the HVAC
equipment, wall coverings, carpeting and other floor coverings, ceiling
tiles, blinds, and other window treatments, lighting fixtures and bulbs,
built in or attached shelving, built in furniture, millwork, counter tops,
cabinetry, doors (both exterior and interior), bathroom fixtures, sinks,
kitchen area improvements and wall mirrors, made by Lessor or Lessee
in or on the premises shall be deemed Lessor's property. All of Lessor's
property shall be and remain a part of the premises at the expiration or
sooner termination of the Lease Term (without compensation to Lessee)
and shall not be removed or replaced by Lessee without the prior written
consent of Lessor.
20. LESSEE'S PROPERTY: The term "Lessee's Property" shall mean all
movable machinery and equipment, including movable communications
equipment and moveable office equipment that are installed on the
premises by or for the account of Lessee without expense to Lessor and
that can be removed without damage to the premises and all moveable
furniture, furnishings and other articles of moveable personal property
owned by Lessee and located on the premises.
21. REMOVAL AND RESTORATION OBLIGATIONS: On the
expiration or sooner termination of the Lease Term, Lessee, at its
expense, shall remove from the premises all of Lessee's property, and all
alterations that Lessor designates by notice to Lessee. Lessee shall also
repair any damage to the premises caused by the removal.
22. GENERAL PROVISIONS:
A. CONSTRUCTION OF LANGUAGE. The words "Including"
and "include" when used in this Lease shall be deemed to mean
"including, but not limited to," or "including without limitation."
This Lease has been negotiated "at arm's length" by Lessor and
Lessee, each having the opportunity to be represented by legal
counsel of its choice and to negotiate the form and substance of
this Lease. Therefore, this Lease shall not be more strictly
construed against either party by reason of the fact that one party
may have drafted this Lease.
B. SEVERABILITY: If any provision of this Lease or the
application of a provision to any person or circumstance shall, to
any extent, be invalid or unenforceable, the remainder of this Lease
and the application of the invalid or unenforceable provision to
persons or circumstances other than those as to which is invalid or
unenforceable shall not be affected and the remainder of this Lease
shall otherwise remain in full force and effect. Moreover, the
invalid or unenforceable provision shall be reformed, if possible,
so as to accomplish most closely the intent of the parties consistent
with applicable law.
C. INTEGRATION: This Lease shall constitute the entire
agreement of the parties concerning the matters covered by this
Lease. All prior understandings and agreements between the
parties concerning those matters, including all preliminary
negotiations, are merged into this Lease, which alone fully and
completely expresses the understanding of the parties. No person,
firm or entity has at any time had any authority from Lessor to
make any representations or promises on behalf of Lessor and
Lessee expressly agrees that if any such representations or
promises have been made by Lessor or others, Lessee waives all
rights to rely upon them.
D. AMENDMENT: This Lease may not be amended, modified,
altered or changed in any respect, except by further agreement in
writing duly executed on behalf of Lessor and Lessee.
E. SURVIVAL: Any liability or obligation of Lessor or Lessee
arising during the Lease Term shall survive the expiration or
earlier termination of this Lease.
F. NOTICE: Any notice required or permitted under this Lease shall
be in writing and hand delivered or mailed, postage prepaid, to the
other party by certified mail, returned receipt requested, to the
following:
FOR COUNTY
Monroe County Fire Chief
490 63rd Ave. Ocean
Marathon, FL 33050
FOR LESSOR:
Sugarloaf Volunteer Fire Department President
17175 Overseas Highway
Sugarloaf Key, FL 33045
IN WITNESS WHEREOF. this Lease has been executed on behalf of
e of this Lease.
Deputy Clerk
MONROF- co uA r,/ArToRNr-Y
APP4qw 45 TV FORM:
ASSP ATTORNEY
pate-� --
WITNESS FOR LESSOR:
By:
Print name:.*Y, ��4 -fIIN
LESSEES:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairperson
BOARD OF GOVERNORS, MONROE
COUNTY FIRE AND AMBULANCE
DISTRICT 1
Mayor/Chairperson
LESSOR:
SUGARLOAF VOLUNTEER FIRE
DEPARTMENT, INC.
By:
President
10
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Harry Russell, ED.S. -Principal 255 Crane Blvd. Patricia Nicholas -Office Manager
Wendy McPherson- Assistant Principal Surnmerland Key, FL. 33042 Rebecca Palomino- Counselor
Phone: (305) 745-3282 / Fax: (305) 745-2019
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FACILITIES USE AGREEMENT SPECIFICS
1. OWNERSHIP OF EQUIPMENT —INCLUDING MAINTENANCE & REPAIR -Fire Rescue will maintain owner-
ship of all Fire Rescue equipment transferred to Sugarloaf and will also be responsible for it's upkeep as
well as repair or replacement of any school owned equipment that may be damaged as a result of Fire
Rescue's use.
2. A/C COSTS: N/A --Future A/C needs to be determined at meeting in May 2014,
3. JANITORIAL SERVICES: Facility will be left in order found. Standard weight room etiquette will apply.
4. SCHEDULED DAYS/HOURS OF USE: Weight Room Facility will be available for Fire Rescue's use 7 days a
week. Hours will be from 5:00 AM-7:00 AM and 5:00 PM-10:00 PM
S. ENTRYAOCK BOX KEYS: Fire Rescue will provide a lock box for entry keys and a key/and or combination
for the lock box to Sugarloaf School. MCSD Maintenance will install the box.
6. ACTIVE PERSONNEL USAGE O iLY (facility use not extended to family, friends, etc.)
Initial Initial _ Initial Initial Jt(E.---
7. TERMINATION OF USE: EITHER PARTY MAY REQUEST TERMINATION OF USE WITHOUT PENALTY
IAGREE TO ABOVE TERMS & SPECIFICATIONS:
Harry Rui)L, Pri Sugarloaf School
PaMckLefe�Exec Dir. Operations & Planning
XCa�el`eq, B al ion Chief ARFF
J es K Callahan, Fire Chief
"HERE'S TO OUR HEROS: TEACHERS!"
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AGRREMENT FOR USE OF MONROE COUNTY SCHOOL DISTRICT FACILITIES
We the m insigneck agree to pay to the District School Board of Monm County renal As of Z
(school Board Policy 9.30M).
For rectal of ,S Jk +d� t & ��4(�4,j�j (School Facility) on SO- � during the hour
froTn
n TO
We P �to nre die a a�ca*.,,d any for *0 parpoae of
Ws gSm to pay any expenses Including ove=tb= expenses Iwa ed by Qat Board for Cafeteria and Cumdiol persomel at $30.00 per
how pjaim q I" bcurs (9cbool Board Policy 930(7)), A raffia employ" shall be prewar whenever cafimria facilities are wed
(S ehMl Hoard Policy 9.30(8) (a)).
We will require ttu on of ak covelitioniog for A- have and agree to pay $ per hour. (School Bond
Policy 9.30M.
We SCM to accept the ftancial retponsibitity f*r repairing any damage to school property dwing or ootmadmd with the use of the wool
Scility involved. (Scboot Hoard Polley 9.30(4)).
School
Sighed By:
Principal
Now Fen mustbe paid prior to the date the Facility into be used.
Make ehaeb payable to d►e Monroe County School District for facilities rental, unlitiee and custodial servmm
Please xwh copy of Liability lasueaacc.
Fee: Rental
Additional 8otm
Air Condltfoning
calbumia staff
CuSta N Staff
"foul