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Item G16BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 20, 2013 Bulk Item: Yes x No Division: Public Works/Engineering Department: Facilities Maintenance Staff Contact : Dent Pierce /305 292 -4560 AGENDA ITEM WORDING: Approval of the Second Renewal Lease Agreement with the Florida Keys Outreach Coalition for 148 square feet of storage space in suite 208 on the second floor of the Department of Juvenile Justice Building, Stock Island. ITEM BACKGROUND: The Florida Keys Outreach Coalition (FKOC) had been leasing 396 square feet of space on the second floor of the Juvenile Justice Building since 2002 for their administrative offices. They increased their space by another 148 square feet for storage. In a letter dated November 11, 2011, the FKOC notified the County that they would be relocating their administrative offices effective January 31, 2012, but they retained the 148 square feet for storage. The original Lease Agreement provided for two (2) five -year renewal options. PREVIOUS RELEVANT BOCC ACTION: On August 21, 2002, the BOCC approved a Lease Agreement with the Florida Keys Outreach Coalition, and on August 15, 2007, the BOCC approved the first of two five -year renewal options. On April 20, 2011, the BOCC approved an amendment increasing the square footage leased from 396 to 544 square feet, and on December 14, 2011, the BOCC approved the second lease amendment to reduce the square footage to 148 square feet for storage. CONTRACT /AGREEMENT CHANGES: Second Renewal Lease Agreement with the annual CPI -U adjustment of 3% on 12/31/11 and 1.7% on 12/31/12 rent increase from $2,658.36 annually to $2,784.72 annually, monthly payment increases from $221.53 to $232.06. STAFF RECOMMENDATIONS: Approval TOTAL COST: -0- INDIRECT COST: N/A BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: same SOURCE OF FUNDS: REVENUE PRODUCING: Yes X No AMOUNT PER MONTH $232.06 Year $2,784.72 APPROVED BY: County Atty `� OMB IPurc2ising Risk Management . DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 1/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Keys Ou Contract # Coalition Effective Date: October 01, 2012 I?atq In Expiration Date: September 30, 2017 Contract Purpose /Description: Risk Management To occupy 148 s . ft. of space for storage in Suite 208 on the second floor of DJJ Bldg. O.M.B. /Purchasing 0 Yes❑ No© 1 l -5 -13 County Attorney I f Contract Manager: Alice Steryou 4549 Facilities Maint/Stop #4 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 11/20/2013 Agenda Deadline: 11/05/2013 CONTRACT COSTS/REVENUE Total Dollar Value of Contract: REVENUE Current Year Portion:$ 2,784.72 Budgeted? Yes® No ❑ Account Codes: 001 - co):S& Grant: $ N/A County Match: $ N/A ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW OMB Form Revised 2/27/01 MCP #2 Changes Date Out Division Director I?atq In Needed Reviewer Yes[:] NoEE" Risk Management l ` Yes[:] NoE © O.M.B. /Purchasing 0 Yes❑ No© 1 l -5 -13 County Attorney I f Yes❑ NoF`- / 1-3 Comments: OMB Form Revised 2/27/01 MCP #2 LEASE AGREEMENT SECOND RENEWAL AGREEMENT FOR NON - PROFIT ORGANIZATIONS THIS SECOND RENEWAL LEASE AGREEMENT is made and entered into this day of November, 2013, between MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, (hereinafter Owner or Lessor) party of the first part; and the FLORIDA KEYS OUTREACH COALITION (hereinafter Tenant or Lessee), parry of the second Part, WHEREAS, on August 21, 2002, the parties hereto did hereby execute a Lease Agreement (hereafter Original Lease) for Non - Profit Organizations for 396 square feet of useable space located on the second floor of the Juvenile Justice Building located at 5503 College Road, Stock Island, Key West, Florida; and WHEREAS, on August 15, 2007, the parties hereto did exercise the first of two five -year options to renew and executed a Lease Agreement Renewal for Non -Profit Organizations; and WHEREAS, on April 20, 2011, the parties hereto did exercise an amendment to add 148 square feet of space for a total of usable office space of 544 square feet; and WHEREAS, the LESSEE is relocating its administrative offices effective January 31, 2012 and on December 14, 2011 was released from its obligation under this lease of the 396 square feet used for its administrative offices at the Juvenile Justice Building, but retained 148 square feet for storage; and WHEREAS, the LESSOR has determined that it is in the best interests of Monroe County to lease the LESSEE under this lease 148 square feet of useable space, in suite 208 at the Juvenile Justice Building; and WHEREAS, the parties have found the original Agreement as amended to be mutually beneficial; NOW, THERFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, and other valuable considerations, LESSOR does hereby grant and lease unto LESSEE and LESSEE does hereby lease from LESSOR, certain premises, rights and privileges as follows, to wit: 1. Pursuant to Item 2. TERM, B of the Lease dated August 21, 2002, Lessor and Lessee wish to exercise the second of (2) two five -year options to renew the Lease 2. Item 3 of the Original Lease, RENT, paragraph "A" is amended as follows: RENT. For the use of the premises, the LESSEE must pay the COUNTY the sum of $2,784.72 per year, for 148 square feet of storage space at $18.82 per square foot, which rental sum is due in monthly installments of $232.06 on the first day of the month payable in advance. The twelve monthly payments shall be remitted to Monroe County Clerk's Office, 500 Whitehead Street, Key West, FL 33040. 3. Item 3 of the Original Lease, RENT, paragraph `B" is amended as follows: The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI -U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI -U computation at December 31 of the previous year. 4. The lease renewal shall commence on October 1, 2012, and will expire on September 30, 2017. 5 AH other provisions of the Original Lease Agreement for Non- Profit Organizations dared August 21, 2002, the Lease Agreement Renewal dated August 15, 2007, the ]..,ease Agreement Arnendment dated April 20, 2011 and the Lease Agreement Second Amendment dated I)Qcernber 14, 2011 not Inconsistent herewith shall remain in full fore e and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, the day and year first written above. (SEAI-) BOARD OF COUNTY COMMISSIONERS Attest AMY HEAVILIN, CLERK OFMONROE COUNTY, IN LORIDA By: 13y: Deputy Clerk Mayor Date; (SEAL) FLORIDA KEYS OUTREACH COALITION Attest: ------ ----------- Signature Rev. Stephen E. Braddock, Ph.D. Signature Print Name D,ate: Date: 11106/2013 .... ... ... 2 FLOR108 OP ID: RD gCORO" CERTIFICATE OF LIABILITY INSURANCE DA 09 /19 /2013 09/19/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an AD :ADDRESS s mus be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain licies ma ent. A tement on this certificate does not confer rights to the certificate holder in lieu of such endorsements PRODUCER Lynn OWlin Phone:964- 561 -2220 y g r Insurance Group Inc FAX P.O. P.O. Box x 8 8908 Fax: 9�5 66�06�73 Ext : 954 34 -1726 ac No : 954- 537 -0177 Fort Lauderdale, FL 33310 -8908 lyIn gulfstreaminsurance.net SURER(S AFFORDING COVERAGE NAIC 0 David Arch MONROECOA:Arch Insurance Company INSURED Florida Keys Outreach RISK MANAG t National Flood Coalition, Inc. PO BOX 4767 INSURER C: Key West, FL 33041 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBEK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DDIL SUBR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP LIMITS MM/DD/YYYY MMIDD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X NCPKG0144103 09/25/2013 09/2512014 PREMISES Ea occurrence $ 300,00 CLAIMS -MADE r7x OCCUR MED EXP (Any one person) $ 5,00 Risk Management PERSONAL& ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 3,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG $ 3,000,00 17 POLICY PRO LOC Emp Ben. $ 1,000,00 AUTOMOBILE LIABILITY ( .d.ntSINGLE LIMIT $ 1,000,00 BODILY INJURY (Per person) $ A X ANY AUTO X NCAUT0144103 09/25/2013 09/25/2014 BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON-OWNED PeraEcciRdenDAMAGE $ X HIRED AUTOS X AUTOS 8 UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION ANY OTH- T I AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PAXECUTIVE❑ E.L. EACH ACCIDENT 8 E.L. DISEASE - EA EMPLOYE $ OFFICER /MEMBER EXCLUDED? (Mandatory in NH) NIA E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below A Property NCPKGO144103 09/25/2013 09/25/2014 Building 708,00 B Flood /Buildings 34303 02/14/2013 02/14/2014 Flood 250,00 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Monroe County Board of County Commissioners is additional insured with respect to general liability and auto liability per written contract. PPf I 8_ I DA WAIV R N/A � M_ ! A\I! -CI 1 ATIr1V MONROE2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of Commissioners AUTHORIZED REPRESE Risk Management Simonton Key West, FL 3300 40 Key lJ IySS -LUIU AI+UKU I.UKrUr[AIIUIV. All fICJ IIL`J rCaCr�CU. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD A R C ® CERTIFICATE OF LIABILITY INSURANCE DA 02121 / /2 2 013 01 3 Y) 02!21 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTAC PRODUCER NAME: Risk Transfer Programs, LLC PHONE 866 - 481 - 9363 FAX 219 East Livingston Street A/C No Ext : AIC No): Orlando, FL 32801 E - MAIL Annaagg- rnveoA!_CC CERTIFICATE NIIMRFR•I SSCn3KT REVISION NUMtlEK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INSURERS) AFFORDING COVERAGE NAIC p INSURER A :CastlBPolnt National Insurance Company 40134 INSURED Stafflink Outsourcing, II, III, IV, V & VI Inc. 1776 N. Pine Island Road Suite 108 Plantation, FL 33322 INSURER B :Tower Insurance Company of New York 44300 INSURER C: POLICY EFF MMIDD/YYYY INSURER D LIMITS INSURER E: GENERAL LIABILITY rnveoA!_CC CERTIFICATE NIIMRFR•I SSCn3KT REVISION NUMtlEK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL I SUB V POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDDIYYYY LIMITS Key West, FL 33040 GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMS - MADE 1:1 OCCUR BY I C P� DAi NEW ` - MMAGET6RE c TE6 - PREMISES Ea occurrence S MED EXP (Any one person) $ PERSONAL & ADV INJURY $ - WAIV£ � L GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP /OP AGG $ $ POLICY PRO- LOC AUTOMOBILE LIABILITY (Ea ac cident) SINGLE LIMIT _(Ea accident) $ BODILY INJURY (Per person) S ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTYDAMAGE Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ A GGREGATE S EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ A B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y/N ANY PROPRIETOR /PARTNER /EXECUTIVE I • WSLTHPE00014904 03/01/2013 03/01/2014 x O IM7s OTH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1,000,000 [--] OFFICER /MEMBER EXCLUDED? (Mandatory in NH) N / A E.L. DISEASE - POLICY LIMIT S 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below S S S $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Coverage is extended to the leased employees of alternate employer in all states except in monopolistic states (ND, OH, WA, WY): Florida Keys Outreach Coalition, Inc. # 6011 (Effective 4/1/11) - - 1CM rAwrrcr I A Ir m Page 1 of 1 V 1ySt3 -ZU1U A L UKt'UKAIIUN. All rlgni5 rUbt:FVCU. ACORD 25 (20101051 The ACORD name and logo are reclistered marks of ACORD SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners AUTHORIZED REPRESENTATIVE Attn: Monique Diaz, Risk Management Assistant 1100 Simonton Street ,�` °`�-,,i,. ' Key West, FL 33040 Page 1 of 1 V 1ySt3 -ZU1U A L UKt'UKAIIUN. All rlgni5 rUbt:FVCU. ACORD 25 (20101051 The ACORD name and logo are reclistered marks of ACORD LEASE AGREEMENT SECOND AMENDMENT FOR NON - PROFIT ORGANIZATIONS THIS SECOND LEASE AMENDMENT is made and entered into this y — day of December, 2011, between MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, (hereinafter Owner or Lessor) party of the first part; and the FLORIDA KEYS OUTREACH COALITION (hereinafter Tenant or Lessee), party of the second part, WHEREAS, on August 21, 2002, the parties hereto did hereby execute a Lease Agreement (hereafter Original Lease) for Non - Profit Organizations for 396 square feet of useable space located on the second floor of the Juvenile Justice Building located at 5503 College Road, Stock Island, Key West, Florida; and WHEREAS, on August 15, 2007, the parties hereto did exercise the first of two five -year options to renew and executed a Lease Agreement Renewal for Non -Profit Organizations; and WHEREAS, on April 20, 2011, the parties hereto did exercise an amendment to add 148 square feet of space for a total of usable office space of 544 square feet; and WHEREAS, the LESSEE is relocating its administrative offices effective January 31, 2012 and desires to be released from its obligation under this lease of the 396 square feet used for its administrative offices at the Juvenile Justice Building, but retain 148 square feet for storage; and WHEREAS, the LESSOR has determined that it is in the best interests of Monroe County to release the LESSEE of its obligation under this lease of the 396 square feet of useable space at the Juvenile Justice Building; and WHEREAS, the parties have found the original Agreement to be mutually beneficial; NOW, THERFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, and other valuable considerations, LESSOR does hereby grant and lease unto LESSEE and LESSEE does hereby lease from LESSOR, certain premises, rights and privileges as follows, to wit: Item 1 of the Original Lease, DEMISE AND PREMISES is amended as follows: "For good and valuable consideration, the County hereby leases to Lessee an area approximately 148 square feet (544 total square feet leased less original 396 square feet) of useable space, located on the second floor of the Juvenile Justice Building at 5503 College Road, Stock Island, Key West, Florida. Said area is depicted at the "premises" on a sketch of the second floor, said sketch being attached hereto as Exhibit B." 2. Item 3 of the Original Lease, RENT, paragraph "A" is amended as follows: "Rent is payable in advance and calculated by the rate structure of $16.00 per square foot per year (approved by the Monroe County Board of County Commissioners at qn their 7/26/00 meeting) plus the CPI -U of 2.7% and may be adjusted annually. Total rent for 148 square feet will decrease from Nine Thousand Seven Hundred Seventy - One and 45/100 ($9,771.45) Dollars (for 544 Square feet) to Two Thousand Six Hundred Fifty -Eight and 41/100 ($2,658.41) Dollars, with monthly payment decreasing from Eight Hundred Fourteen and 29/100 ($814.29) Dollars to Two Hundred Twenty -One and 53/100 ($221.53) Dollars." i 3. All other provisions of the Original Lease Agreement for Non -Profit Organizations dated August 21, 2002, the Lease Agreement Renewal dated August 15, 2007, and the Lease Agreement Ame dreg, .dated April 20, 2011 not inconsistent herewith shall remain in full force and effect. S WHEREOF, the parties have hereunto set their hands and seals, the day and year WW-,/JJ KOLHAGE, CLERK 4��� Deputy Clerk Date: I /r V/7.o /1 (SEAL) Attest: RN Signature NOTARY PUBLIC -STATE OF FLORIDA • "" Marilyn H. Smith . Commission # DD791273 - -•� ?.� Expires: JUNE 26, 2tM BONDED THRU ATLANTIC BONDLNC CO., M. Date: [ I CM N p U ; CD W L cV _ BOARD OF COUNTY COMMISSIONERS OF MONROE UNT FLORIDA By: Mayor Davi 'ce Date: /Z /Iy/Z' II FLORIDA KEYS OUTREACH COALITION By: mature �y✓! d�2 � �(�/ � YY1��� Print Name Date: // — Al — a� EXHIBIT LEASE AGREEMENT AMENDMENT _ D FOR NON - PROFIT ORGANIZATIONS THIS LEASE AMENDMENT is made. and entered into this day, of 2011, between MONROE COUNTY BOARD OF COUNTY COM SSIONERS, a political subdivision of the State of Florida, (hereinafter Owner or Lessor) party of the first part; and the FLORIDA KEYS OUTREACH COALITION (hereinafter Tenant or Lessee), party of the second part, WHEREAS, on August 21, 2002, the parties hereto did hereby execute a Lease Agreement (hereafter Original Lease) for Non-Profit Organizations for 396 square feet of useable space located on the second floor of the Juvenile Justice Building located at 5503 College Road, Stock Island, Key West, Florida; and WHEREAS, on August 15, 2007, the. parties hereto did exercise the first of two five -year options to renew and executed a Lease Agreement, Renewal for Non -Profit Organizations; and WHEREAS, the LESSEE desires to add an additional `148 square feet to the original 396 square feet, for a total 6f square feet of useable space at the Juvenile Justice Building; and WHEREAS, the LESSOR has :determined that it is in the best interests of Monroe County to Iease this additional 148 square feet of useable space at the Juvenile Justice.Build ng; and WHEREAS, the parties have found the original Agreement to be mutually beneficial; NOW, THERFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, and other valuable considerations, LESSOR does hereby grant and lease unto LESSEE and LESSEE does hereby lease from LESSOR, certain premises, rights and privileges as follows, to wit: 1. Item I of the Original Lease, DEMISE AND PREMISES is amended as follows: "For good and valuable consideration, the County hereby leases to Lessee an area approximately 544 square- feet (396 square 'feet originally leased plus an additional 148 -square feet) of useable space, located on the second floor of the -Juvenile Justice. Building at 5503 College Road, Stock Island, Key West, Florida. Said, area is depicted at the "premises" on a sketch of the second floor, said sketch being. attached hereto as Exhibit B." I Item. 3 of the Original Lease, RENT, paragraph "A" is amended as follows: "Rent is payable m advance. and calculated by the rate structure of $16.00 per square foot per year (approved by the Monroe County Board of County Commissioners at ck� their 7/26/00 meeting) plus the CPI -U. of '2:7 and may be adjusted annually. Total. rent for 544 square feet will increase from Seven Thousand One Hundred Thirteen and 04 /100 ($7,113.04) Dollars (for 396 square feet) to Nine Thousand Seven Hundred Seventy-One and 45/100 ($9,771.45) Dollars, with monthly payment increasing from Five Hundred Ninety -Two and 75. /100 ($592:75) to Eight Hundred Fourteen and 29/100 ($81429) Dollars." 3. All other provisions of the Original Lease Agreement for Non -Profit Organizations dated August 21, 2002, and the Lease Agreement Renewal dated August '15, 2007 not inconsistent, herewith shall remain in full force and effect. TN WITNESS WHEREOF, the parties have hereunto set their hands and seals, the day and year first wri (SEAL) Attest: By Date: (SEAL) Attest: Signature -10-11 CLERK 1 A v Date; BOARD OF C, NTYCOMNUSSIONERS OF MONR ,EL -IDA BY: 7/ M40r Date: FLORIDA LORIDA KEYS OUTREACH COALITIO By. Signature Print Name Date:. 3 1 2 EXHIBIT B at -1 J41 vc L N-- kv 14 ��� " o; Ilk L. 46 L N-- LEASE AGREEMENT RENEWAL C( FOR NON - PROFIT ORGANIZATIONS THIS LEASE RENEWAL is made and entered into this day of 2007, between MONROE COUNTY BOARD OF COUNTY CO �SSIONEVRR�,S, a political subdivision of the State of Florida, (hereinafter Owner or Lessor) party of the first part; and the FLORIDA KEYS OUTREACH COALITION (hereinafter Tenant or Lessee), party of the second part, in order to renew the lease between the parties dated August 21, 2002 (a copy of which is incorporated hereto by reference); as follows: 1 • Pursuant to Item 2. TERM, B. of the Lease dated August 21, 2002, Lessor and Lessee wish to exercise the first of two five -year options to renew the lease. 2. Pursuant to Item 3. RENT, Rent is payable in advance and calculated by the rate structure of $16.00 per square foot per year (approved by the Monroe County Board of County Commissioners at their 7/26/00 meeting) plus the CPI -U of 2.7% and may be adjusted annually. Total rent will increase from Six Thousand Nine Hundred Twenty -Six and 04 /100 ($6,926.04) Dollars to Seven Thousand One Hundred Thirteen and 04 /100 ($7,113.04) Dollars, with the monthly payment increasing from Five Hundred Seventy -Seven and 17 /100 ($577.17) Dollars to Five Hundred Ninety- Two and 75/100 ($592.75) Dollars. 3. The lease renewal shall commence on October 1, 2007, and will expire on September 30, 2012. 4. In all other respects, the original Lease Agreement for Non-Profit Organizations CM datedAugust 21, 2002, remains in full force and effect. LS� Gti (5: WHEREOF, the parties have hereunto set their hands and seal, the day and 4 above. L. lerk BOARD OF COUNTY COMMISSIONERS LHAGE, CLERK OF MONROE COUNTY, OIDA By: Date: AUG 1 5 2007 (SEA-CON 01rd Psoora v CWWy"W nODMUN 15, 2M 4 nature Date: be Mayor Mario Di Gennaro Date: AUG 1 5 2007 FLORIDA KEYS OUTREACH COALITION & Executive Director Rev. S hen E. Braddock Ph.D. Date: August 02, 2007 MONROE COUNTY ATTORNEY A ROV QA5 T O . YNTMIA L. ALA ASSISTA�„T COUNTY ATTnRnr�v LEASE AGREEMENT FOR NON - PROFIT ORGANIZATIONS This Lease Agreement ( "Lease ") is made and entered into this 21" day of August, 2002, between Monroe County, a political subdivision of the Sate of Florida, whose address is 1100 Simonton Street, Key West, Fl 33040 (Lessor /County), and the Florida Keys Outreach Coalition, (Lessee). Whereas, the County and State of Florida, Department of Juvenile Justice, whereby there was reserved from the property described in Exhibit A, the second story in the Detention Facility Building, pursuant to a Lease Amendment dated August 15, 2001 and an original Land Lease Agreement dated July 8, 1999 and a Construction and Occupation Agreement (with a third party, the Monroe County Sheriff's Office) dated November 20, 2001; and Whereas the story may be utilized by the Lessor (or its designees, contractors or agents) for any lawful public purpose; and Whereas, Lessee wishes to utilize space for the purpose of providing the following services to Monroe County: Information and referral services intake assessment for a countywide homelessness prevention service program which provides transitional residential housing for homeless men, single wornen and women with children of Greyhound bus tickets to homeless individuals and families for the purpose of family unification and for those individuals seeking treatment programs elsewhere funded countywide support service program which includes the WMent of transportation, both local and out of county: now therefore, The County and the Lessee agree as follows: DEMISE AND PREMISES For good and valuable consideration, the County hereby leases to the Lessee an area approximately 396 square feet of useable space, located on the second floor of the Juvenile Justice Building at 5503 College Road, Stock Island, Key West, Florida. Said area is depicted as the "the premises" on a sketch of the second floor, said sketch being attached hereto as Exhibit B. 2. TERM A. Subject to and upon the terms and conditions set forth herein, this Lease shall continue in force for a term of five years commencing as the !!-day of October, 2002 and ending on the 30' day of September, 2007. B. The County shall have the option to renew this agreement after the first term and succeeding term for two additional five -year term periods. 3. RENT 1 LB �:.._ ._. A The Lessee shall promptly pay the County, in advance the sum of $ 550.44 per month on or before the i' of each month. Rent is calculated by the rate structure of $16.00 per square foot per year (approved by the Monroe County Board of County Commissioners at their 7/26/00 meeting) plus the CPI -U of 2.6% for July 2001, and 1.6% as of April 2002, for a current rate of $16.68 per square foot per year. Rent shall be made payable to Monroe County and paid to the Clerk located at the Monroe County Courthouse, 500 Whitehead Street, Key West, FL. 33040. B. The rental amount agreed to herein may be adjusted annually in accordance with the percentage change m the Consumer Price index for all urban consumers (CPI - U) for the most recent twelve (12) months available. 4. UTEL ITIES AND MAINTENANCE The rental amount shall be inclusive of utilities, maintenance and janitorial services. COMMON AREAS A. Elevators, stairs, parking areas within fenced perimeter, grounds within fenced perimeter, and walkways shall constitute the Common Areas. The Common Areas of the building are for the joint use of the Department of Juvenile Justice (DJJ), the Monroe County Sheriffs Office (MCSO), and the County, as well as their officers, employees, agents and invitees including any operator or Lessee of DJJ, MCSO, or the County. Any and all such persons shall use the common areas in a reasonable, orderly, and sanitary manner in cooperation with all other occupants and their officers, employees, agents and invitees. B. Each tenant will conduct itself and will cause its officers, employees, agents, and invitees to conduct themselves with full regard for the rights, convenience, and welfare of all other occupants in the facility. 6. UNAUTHORIZED USE Lessee shall, through its agents and employees, prevent the unauthorized use of the leased premises or the common areas, or any use thereof not in conformance with this Lease. The Lessee shall not permit the leased site to be used or occupied in any manner which will violate any laws or regulations of the applicable governmental authority or entity. 7. ALTERATIONS The County or MCSO are allowed by contract to make non - structural alterations, additions, or improvements to the second floor of the DJJ building after reasonable advance written notice to DJJ. Therefore, any non - structural alterations, additions, or z improvements which Lessee desires to make shall require County permission after advance reasonable written notice has been provided to DJJ. 8. MECHANIC'S LIENS No Operators or Lessees will permit any mechanic's lien or liens to be placed on the Property or on improvements on them If a mechanic's lien is filed, it shall be the sole responsibility of the Operator or Lessee causing the lien to be filed to discharge the lien and to hold harmless and defend DJJ, MCSO, and the County against enforcement of such lien. Pursuant to Section 713.01, F.S. the liens authorized in ch. 713, F.S., do not apply to DJJ, the County, or the MCSO. DJJ, MCSO, the County and their Operators or Lessees shall give notice to all contractors before making improvements on the Property of this provision of this agreement. 9. RECORDS — ACCESS AND AUDITS Lessee shall maintain adequate and complete records for a period of four years after termination of this lease. The County shall have access to the Lessee's books, records, and documents related to this Lease Agreement upon request. The access to and inspection of such boom records, and documents by the County shall occur at any reasonable time. 10. RELATIONSHIP OF PARTIES Lessee is, and shall be an independent contractor and not an employee, agent or servant of the County. Lessee shall exercise control, direction, and supervision over the means, manner personnel and volunteers through where it performs the work Lessee shall have no authority whatsoever to act on behalf and/or as agent for the County in any promise, agreement or representation other than specifically provided for in this Lease. The County shall at no time be legally responsible for any negligence on the part of the Lessee, its employees, agents or volunteers resulting in either bodily or personal injury or property damage to any individual, property or corporation. 11. MODIFICATION Additions to, modifications to, or deletions from the provisions of this Lease shall be effective only if made in writing and executed by the County. No modification shall become effective without written approval of both parties. 12. BREACH AND PENALTIES The parties agree to full performance of the covenants contained in the contract. Both parties reserve the right, at the discretion of each to terminate this Lease (pursuant to paragraph #13) for any misfeasance, malfeasance or nonperformance of the terms of this Lease or negligent performance of the Lease terns by the other party - Any waiver of any breach of covenants herein contained shall not be deemed to be a continuing waiver and shall not operate to bar either party from declaring a forfeiture for any succeeding breach either of the same conditions or covenants or otherwise. Payment of the rental amount shall be prorated if the lease is terminated effective before the end of any month. ff the prorated amount and any penalties imposed for damage to the premises are less than the amount paid, the County shall return the excess amount to Lessee. Lessee shall pay the County the cost of any repairs and clean-up (other than regular wear and tear) necessary to restore the premises to a rentable condition. 13. TERMINATION Termination of this Lease shall occur at the Natural ending date, or earlier should either party determine that there has occurred any material breach of any covenants herein contained, or either party otherwise deems it in their best interest to terminate. Termination may be with or without cause, and shall require written notice to be given to the other party as follows: A- In the event either party terminates for breach of contract, termination shall be effective at such time as the terminating party shall declare in its act to terminate for cause, with a minimum of fourteen days notice in writing required prior to effective termination. B. in the event either party terminates without cause, the termination shall not take effect until at least sixty days subsequent to written notice to the other party, and the effective date of termination shall be specified in said notice. C. In the event funding for the lease payment comes from federal or state grants, the agency may terminate lease if no or insufficient funds upon non - appropriation from such sources, upon giving the County thirty days notice prior to termination. 14. INSURANCE REQUIREMENTS Lessee shall carry, during the tam of this Lease, public liability insurance, including bodily injury and property loss damage to cover all claims, demands or actions by any person or entity in any way arising from the operation of the Lease. Such liability insurance shall meet the requirements of the Insurance Requirement Attachments hereto. Monroe County shall be named as an additional insured under the insurance policy and such insurance shall be primary and non - contributing with any insurance carried by the County. Lessee shall furnish the County with a certificate evidencing the insurance required by this paragraph at the time of executing this Lease. 15. INDEMNIFICATION AND HOLD HARMLESS Lessee covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners, the Department of Juvenile Justice, and the Monroe County Sheriff s Office, their departments, agencies, officials, employees, agents, servants, from any and all claims for bodily injury (including death ), personal injury, and property damage (including property owned by Monroe County, DJJ, and the MCSO} and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, this Agreement. In the event the Lessee fails to purchase or maintain the required insurance, the Lessee shall indemnify the County, DJJ, and the MCSO from any and all expenses resulting from such failure. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 16. PERMITS Lessee shall secure and maintain all required permits and/or licenses necessary to carry out any service it provides at the premises. 17. LAWS AND REGULATIONS A This Lease shall be construed by and governed under the laws of the State of Florida unless in an area of law pre - empted by .federal law. Lessee agrees for venue of any dispute to lie in Monroe County, Florida. B. Lessee shall comply with all federal, state and local laws and ordinances applicable to its activities and use of the premises, and shall not discriminate on the grounds of race, color, religion, sex, age, or national origin in providing services or employing staff at the leased premises. C. Any violation of said statutes, ordinances, rules, regulations and executive orders shall constitute a material breach of this Lease and shall entitle the County to terminate this Lease immediately upon delivery of written notice to the Lessee. 18. SEVERABILITY If any provision of this Lease shall be held by a covet of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease, or the application of such provision other than those as to which it is invalid or unenforceable, shall not be affected thereby; and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 19. DAMAGE OR DESTRUCTION BY FIRE, WAR, OR ACTS OF GOD In the event that the premises subleased are rendered untenantable in whole or in substantial part as a result of destruction or damage by fire, acts or war, or acts of God this lease shall cease, provided, nonetheless, that the lessor shall have the option of rebuilding or repairing the premises if he elects so to do and gives written notice as such election to rebuild or repair to the sublessor within 10 days after such damage or destruction. N lessor elects to rebuild or repair the premises and does so without unnecessary delay, sublessee shall be bound by the terms of this lease, except that during the period of repairs or rebuilding, the rent under this sublease shall be abated in the same proportion as the portion of the premises rendered unfit for occupancy by sublessee shall bear to the whole of the sublease premises. Sublessee shall have the right to declare this sublease terminated when more than 30 days after the destruction or damaging of the premises as shall have elapsed without the lessor having elected to repair or rebuild. 20. ASSIGNMENT Lessee shall not assign, transfer, sublease, pledge, hypothecate, surrender, or otherwise encumber or dispose of this Lease or any estate created by this Lease, or any interest in any portion of the same, without first obtaining the written consent of the County. In the event of such consent, this Lease shall be binding upon the Lessee's successors and assigns. 21. DISCLOSURE Lessee shall be required to list any or all potential conflicts of interest, as defined by Florida Statutes Chapter 112, Part III and the Monroe County Ethics Ordinance. Lessee shall disclose to the County all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any client's interest which may constitute a conflict under said laws. 22. CARE OF PROPERTY Lessee shall be responsible to the County for the safekeeping and proper use of the property entrusted to the Lessee's care, and to process all documents necessary to continue, without interruptions, any maintenance or service contracts relating to such equipment for its service life. Lessee shall ensure that their patrons do not loiter or congregate on the property. Lessee shall not commit waste on the leased premises, nor maintain or permit a nuisance on the premises. 23. ETHICS CLAUSE Lessee warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of ordinance No. 010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010 -1990. For breach or violation of this provision, the County may, in its discretion, terminate this Lease without liability and may also, in its discretion, deduct from the Lease or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift or consideration paid to the former County officer or employee. 24. NOTICE 25 Any notice required or permitted under this Lease shall be in writing and hand - delivered or mailed, postage prepaid, by certified mail, return receipt requested, to the other party as follows. To: County Monroe County Facilities Maintenance 3583 S. Roosevelt Blvd. Key West, FL 33040 To: Lessee Fl. Keys Outreach Coalition P.O. Box 4767 Key West, FL 33040 FULL AGREEMENT This Agreement constitutes the entire and full understanding between the parties hereto and neither party shall be bound by any representations, statements, promises or agreements not expressly set_ forth herein and in duly executed amendments under paragraph 9 hereof. ;SS WHEREOF, the parties have executed this agreement the day and year written_ L. KOLHAGE, Clerk Deputy Clerk (SE e� c�� P SCM co ,t M �.� ,,,,! Expho September 15, B 1 e BOARD OF COUNTY COMMISSIONERS OF MONROE OUNTY, FLORIDA C, -r- Tit1 �G` I'd v Y eC.. /� ' -- h A By Mayor /Chairm x 1= 0 C) c; • O O Z. FL. KEYS OUTREACH APPROVED AS TO FORM A AL U B ROB N. FE OB DATE 11 ` % - D Z� CO�.ION.`.' o APPROVED AS TO FORM A AL U B ROB N. FE OB DATE 11 ` % - D Z� EXHIBIT "A" A parcel of land, formerly submerged in the Bay of Florida, and being part of the land described in Trustees of the Internal Improvement Trust Fund of the State of Florida (I'IIF) Deed Number 19725, and also being within the boundary of the land of the Monroe County Detention Center as described in Deed recorded in Official Record Book 1139 at page 2381 of the Public Records of Monroe County, Florida and being described more particularly by metes and bounds as follows: COMMENCE at point 29 as described in said Monroe County Detention Center Deed and thence S37°24'37" W for a distance of 51 feet to the POINT OF BEGINNING of the parcel herein being described; thence N53 °12'53" W for a distance of 35.03 feet to a point; thence N 42 0 17'13" W for a distance of 60.81 feet to a point; thence N 52 °04'48" W for a distance of 59.74 feet to a point; thence N 56 °17'08" W for a distance of 81.09 feet to a point on the Northeasterly extension of 'a Southeasterly face of the Detention Center building; thence S 33° 07'42" W, along the said Northeasterly extension and the said Southeasterly face, for a distance of 240.50 feet to the point of intersection with a Northeasterly face of the said building;; thence S 57 °18'38" E, along the said Northeasterly face of the said building and the Southeasterly extension thereof, for a distance of 174.65 feet to a point ; thence N 50 °18'31 "E for a distance of 55.26 feet to a point; thence N71°26'47" E for a distance of 75.48 feet to a point; thence N45 E for a distance of 61.81 feet to a point; thence N34 °39'37" E for a distance of 42.28 feet to a point; thence N53 0 12'53" W for a distance of 17.69 feet back to the Point of Beginning. EXHIBIT B __ /) 'i_ ,�1 + '• ;'1�' � +(; ;,} \. �� a�IJaa�l .1.'i �:.• � }'. �• r Q� l !I 1' !I EXHIBIT B __ /) 'i_ ,�1 + '• ;'1�' � +(; ;,} \. �� a�IJaa�l .1.'i �:.• � }'. �• DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: of Business) 1. Publish a statement notifying employees that the unlawful manufadure, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Lessee O Date OMB - MCP#5 SWORN STATEMENT UNDER ORDINANCE NO. 10 -199 MONROE COUNTY FLORIDA ETHICS CLAUSE '4- warrants that befit has not employed, retained or otherwise had act on his /its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10 -1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gif or consideration paid to the former County officer or employee. (signature) Date: o�- '? O -Z STATE OF l,WQU WQ COUNTY OF �90W- ". PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of 20 NOTARY PUBLIC My commission expires: `r #°" � Gino Peom OMB - MCP FORM #4 *�►* M, C. X32 4r7#0 Expires September 15, 2004