Item C30
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
June 14. 15.2000
Division:
Public Works
Bulk Item: Yes --X- No
Department:
Facilities Maintenance
AGENDA ITEM WORDING: Approval to enter into a lease agreement with Planned Parenthood of
Greater Miami and the Florida Keys, and authorization for Mayor to execute same.
ITEM BACKGROUND: Planned Parenthood of Greater Miami and the Florida Keys, a non-profit
organization, desires to lease office space at the Ruth Ivins Center in Marathon, and the Department of
Health Clinic in Tavernier for $100.00 per month each ($200.00 total each month) in accordance with
Monroe County Poiicy for Requests for Office Space by Non-Profit Organizations. The Department of
Health concurs.
PREVIOUS RELEVANT BOCC ACTION: None on this item.
STAFF RECOMMENDATION: Same as noted above.
TOTAL COST:
NIA
BUDGETED: Yes NI A NO
Cost to County: NIA
REVENUE PRODUCING: YES l NO
AMOUNT PER MONTH $200.00 YEAR $2.400.00
APPROVED BY:
OMBlPurchasing
Risk Management
.3;1
Carlos Zara~t~r, Facilities l<laintcoancc
DIVISION DIRECTOR APPROVAL: ~ -' s::/.3 / / t/ (.)
Dent Pierce, Division Director
DOCUMENTATION: Included -L To follow
Not Reqnired::-]~
AGENDA ITEM #
DISPOSITION:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with:Planned Parenthood of Effective Date: 06/14/00
Greater Miami and the Florida Keys
Expiration Date:06/13/01
Contract Purpose/Description: Lease agreement for office space at the Ruth Ivins Center in
Marathon. and the Dept. of Health in Tavernier. for $100.00 per month each ($200.00 total each
month).
.37 (l ptl-l! _
.-
Contract Manager:Ann Mytnik
(Name)
4431
(Ext.)
Facilities Maintenance
(Department)
for BOCC meeting on 05/17/00
Agenda Deadline: 05/03/00
CONTRACT COSTS
Total Dollar Value of Contract: $2.400 Income Current Year Portion: $600.00 app.
Budgeted?YesD No[8J Account Codes: _-_-_-_
Grant: $N/A _-_-_-_
County Match: $N/A _-_-_-_
- - -
----
Estimated Ongoing Costs: $N/ Alyr
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(el!;. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
County Attorney
Changes Date Out
Date/n Needed ~ A // R~er ,- /.
';/5 ~YesDNo~ c~t d'/-.5lc'
5/3'/00 YesDNo~Cl'W~~ Sl~\\()'"
1'3ljouYesDNor?S kl--ZZ:: -.517160
fR/t/~ YesDNo~ J/~
Division Director
~nageo;nt
O~./Pu~
Comments:
OMB Form Revised 9111195 MCP #2
r.~c('+:~,d
l(p15JlD_l~
AGREEMENT
TIllS AGREEMENT, made this 14th day of June, 2000 by and between the Board of County Commissioners
of Monroe County, Florida (hereinafter referred to as BOCC) and Planned Parenthood of Greater Miami and the Florida
Keys, (hereinafter referred to as Planned Parenthood), a not-for-profit corporation incorporated in the State of Florida.
WHEREAS, the BOCC has approved for the Administrator to make limited, temporary office space available
to nonprofit organizations serving the County community on the condition that the organi7.ations are responsible for
their own cleaning, telephone and similar costs and provide a reasonable payment to the County for the cost of
electricity; and
WHEREAS, the Planned Parenthood provides affordable reproductive healthcare to thousands of men and
woman;
WHEREAS, the BOCC has determined that it is in the best interests of Monroe County to enter into this
agreement;
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the parties agree as
follows:
1. Contract Tenn and Sum. This agreement is for the period commencing , and
through , unless earlier tenninated pursuant to paragraphs 6 or 23 below. Planned
Parenthood hereby agrees to pay the BOCC the sum of $100.00 per month for space at the Ruth Ivins
Center in Marathon, and the sum of $100.00 per month for space at the Department of Health Clinic
in Tavernier, for the utility consumption and upkeep costs (total of $200.00 per month).
2. Scone of Services. Planned Parenthood shall provide affordable reproductive healthcare, provide
breast, pelvic and testicular exams; Pap smears; diagnosis and treatment of STDs (sexually
transmitted infections); birth control methods at greatly reduced prices; pregnancy testing and
reproductive health education and counseling. Planned Parenthood shall install its own telephones,
supply its own office furniture and equipment, and provide for its own janitorial service.
3. BOCC Responsibilitv. The BOCC shall direct its Administrator, Department Heads, County Attorney
. and staff to provide certain facilities and support to Planned Parenthood as can be provided without
. requiring an increase in personnel or any purchase or lease of real property. The BOCC shall provide
to Planned Parenthood, within the aforementioned limitation, as well as all rules applicable to County,
without any cost to the county, the following:
a) Ruth Ivins Center - 78 square feet of dedicated space (room #]40), and utilization
of existing Health Department clinic space.
b) Department of Health Clinic in Tavernier - 115 square feet of dedicated space, and
utilization of existing Health Department clinic space.
4
4. Records - Access and Audits. Planned Parenthood shall maintain adequate and complete records for
a period of four years after completion of any event or program. The BOCC shall have access to the
books, records, and documents of Planned' Parenthood. The access to and inspection of such books,
records, and documents by the BOCC shall occur at any reasonable time.
5. Relationshin of Parties. Planned Parenthood is, and shall be, in the performance of all works,
services, and activities under this Agreement, an independent contractor and not an employee, agent
or servant of the HOCC. Planned Parenthood shall exercise control. direction, and supervision over
the means, manner personnel and volunteers through with it perfonns the work. Although this
Agreement is a cooperative agreement, similar in many respects (but not all) to a partnership, Planned
1
Parenthood shall have no authority whatsoever to act on behalf and/or as agent for the BOCC in any
promise, agreement or representation other than specifically provided for in this agreement The
BOCC shall at no time be legally responsible for any negligence on the part of Planned Parenthood,
its employees, agents or volunteers resulting in either bodily or personal injury or property damage to
any individual, property or corporation.
6. Modification. Additions to, modification to, or deletions from the provision of this contract may be
made only in writing and executed by the BOCC. No modification shall become effective without
written approval of both parties.
7. 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 tenninate the services in this
contract for any misfeasance, malfeasance or nonperformance of the contract terms or negligent
performance of the contract terms 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.
8. Insurance Reauirements. Planned Parenthood shall carry, during the term of this agreement, 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 Agreement. 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 BOCC. Planned Parenthood shall
furnish the County with a certificate evidencing the insurance required by this paragraph at the time of
executing this Agreement.
9. Indemnification and Hold Harmless. Planned Parenthood shall indenmify and hold harmless the
BOCC, their departments, agencies, officials, employees, agents, servants and contractors against any
claims, liabilities and expenses (including reasonable attorney's fees) arising as a result of any direct
and/or indirect action of Planned Parenthood, its employees, agents, servants, volunteers and/or
contractors in the performance of the terms of this agreement or otherwise related to activity
conducted in the furtherance of this agreement except to the extent that, in the case of any act of
negligence, Planned Parenthood reasonable relied upon material or services supplied by the BOCC or
_ any employee of the BOCC. Planned Parenthood shall immediately give notice to the BOCC of any
. suit, claim or action made against it that is related to any activity under this Agreement and will
cooperate with the BOCC in the investigation arising as a. result of any suit, claim or action related to
this Agreement
10. Permits. Planned Parenthood shall secure all required permits and/or licenses necessary to carry out
any of the services rendered under this Agreement.
II. Laws and Regulations.
~ This Agreement shall be construed by and governed under the laws of the State of Florida
unless in an area of law pre-empted by iederallaw. Planned Parenthood agrees for venue of
any dispute to lie in Monroe County, Florida.
Q} Planned Parenthood shall comply with all laws, including but not limited to those listed in
Exhibit C.
9 Planned Parenthood shall comply with all federal, state and local laws and ordinances
applicable to the work or payment for work thereof, and shall not discriminate on the
grounds of race, color, religion, sex, age or national origin in the performance of work under
this Agreement.
2
Q} Any violation of said statutes, ordinances, rules, regulations and executive orders shall
constitute a material breach of this Agreement and shall entitle the BOCC to tenninate this
Agreement immediately upon delivery of written notice to Planned Parenthood.
12. Taxes. The BOCC is exempt from Federal, Excise and State of Florida Sales Tax.
13. Finance Char1!:es. The BOCC will not be responsible for any finance charges.
14. Severability. If any provision of this contract shall be held by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of this contract, 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 contract shall be valid and enforceable to the fullest extent pennitted by law.
15. Force Maieure. Planned Parenthood shall not be liable for delay in performance or failure to perform
in whole or in part, the services due to the occurrence of any contingency beyond its control or the
control of any of its sub-contractors or suppliers, including labor dispute, strike, labor shortage, war or
act of war, whether an actual declaration thereof is made or not, insurrection, sabotage, riot or civil
commotion, act of public enemy, epidemic, quarantine restriction, accident, fire, explosion, storm,
flood, drought or other act of God, act of any governmental authority, jurisdictional action, or
insufficient supply of fuel, electricity, or materials or supplies, or technical failure where Planned
Parenthood has exercised reasonable care in the prevention thereof, and any such delay or failure shall
not constitute a breach of the Agreement Planned Parenthood shall notify the BOCC of any delay or
failure to perform within five (5) days of such actioIl Upon demand of the BOCC, Planned
Parenthood must furnish evidence of the causes of such delay or failure.
16. Assignment. Planned Parenthood shall not assign, transfer, sublease, pledge, hypothecate, surrender,
or otherwise encumber or dispose of this contract or any estate created by this contract or any interest
in any portion of the same, or pennit any other person or persons, company or corporation to perform
seIVices under this contract without first obtaining the written consent of the BOCC. In the event of
such consent, this agreement shall be binding upon Planned Parenthood's successors and assigns.
17. Disclosure. Planned Parenthood shall be required to list any or all potential conflicts of interest as
defined by Florida statutes Chapter 112, Part m and the Monroe County Ethics Ordinance. Planned
Parenthood shall disclose to the BOCC all actual or proposed conflicts of interest, [mancial or
. otherwise, direct or indirect, involving any client's interest which may constitute a conflict under said
. laws.
18. Addition Conditions. Planned Parenthood agrees to accept additional conditions governing the use of
funds or performance of work as may be required by federal, state or local statute, ordinance or
regulation or by other policy adopted by the BOCC. Such additional conditions shall not become
effective until Planned Parenthood has been notified in writing and no such additional conditions shall
be imposed retroactively.
19. Independent Professional Judl!lllent. Planned Parenthood shall at all times exercise independent
professional judgment and shall assume full responsibility for the seIVicc to be provided and work to
be completed.
20. Care of Property. Planned Parenthood shall be responsible to the BOCC for the safekeeping and
proper use of the property entrusted to Planned Parenthood's care, and to process all documents
necessary to continue, without interruptions, any maintenance or seIVice contracts relating to such
equipment for its seIVice life. Planned Parenthood shall provide seIVices Monday through Friday,
8:00 a.m. - 5:00 p.m., and shall ensure that their patrons do not loiter or congregate on the Ruth Ivins
Center's property in Marathon, or the Department ofHcalth Clinic's property in Tavernier.
21. Ethics Clause. Planned Parenthood 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
3
0ntiDaDc:e No. 01(l.1990 or arry BOCC o15cer 01' ~ in Yiola2ioa ofSeetio.Q 3 c4 Ordinance No.
016-1990. Forbcad1 orvioblioD ofdli.s)llUYWaa. the CcluDty 1IliIl1. Da.~ tcnDiIIate this
CODb:t wid&out liIbiIity. ..s JIll)' also. ill Us diIc:mica, decIIcl from the QIDIIICt or puIdIasc pice. u:
~ RtO\'ef, tile fiUllUlOaDt or IJZf fee, commissioD, .~ gift or CIlIISidcnrion paid. to
tho former PIaaDccl PalaICbood or BOCC oma:r Ot' c:mployee. .
22. NOIit.c. Atq DOIiclc I'Clpiftd orpamiUCd 1IIIdcr Ibis Apemalt sbaD be ill writiDg aa4 ~
or mailed, ~ pn:pIid. by certified JD2dJ, ~ I\XlCip( ~ 10 tbc OChcrpty as foUoM:
ToPJamed~
JOIIl~
1699 SW 21* Avenue
Miami.FL 33145
To Cnnntv
Moaroe County Facililics lVI-il'lftl'l1llDce
3583 S. Ro9fcvdt BoWcvard
Key West. PI, 33040
Ta-inllfinn. T~ <i this ~ Iball occur 31 tk NIluIal c:adiag eWe. 01' cartier shaoId
tidier party dtfmniDC GIll dae bas ~. m'f maecria1 bRach or I1Jly ~ herein COfltaiDcd,
Ol' dtbcr pmy otbmriIe deems it in UJeir belt ~ to lCmIiaalc. TarYm'll*oa may be with or
without cause. ud shall roqairc wriUea llOticle to be siva toO the odlct percy as foUows:
a) In die evaIl Qtbc:r party ~ for.~ tI amInIct. faulinati<'IJ sbalJ be dfcc.tive at
SUChI.ialc as die tfil..I->,,, paty shall decIIre m its &1 to ~ 10t c:ausc. with a
miRimIIm clfourtcco. DllCicc Us WIitiDc~ prior to ~ ta1DiattioD.
b) In Ibc CVCDt ci!bcr pmy tmDiData without QIlI3C, 1Jle tcrmimlrloD sba11 DOt take eII'ecC lJIItll
at least sixty days ~ to ~ DOOcc to the Crhr:r puty, aud thc.dfcdi~ date Of
~ shaD be JPClCifiIlCl iD aid DOCkc..
24. Pull A!Ja:meIIt. 1bis Agreemoat ClC)ftditwa tilt Iatiro _ fu1l1JlldctBlaAdiDg betWCCD !be PiIl1ics
bcRIo and JlCidlcr I*IY sIIII1 be bcImd by ID1 ~~"I_ ~ pomJSiC$ or ~
JICII-'jA..-!y Ktfcdb...... iD_~~ ~ aDdc:l-.-.. 6 bcRIaf. .
n.
IN WITNESS WHEREOF. tk pIII'ties have M<H1'= this ~ the ., and ~ first above
writw:u. .
. (SBAL)
Atfat: D~ L.ICOLHAGA, CIa:k
,
BOARD OF rouNlY COMMXSSIONERS
OF MONROECOl1NTY, PLOIUDA
By
~ CIcdc
By
Ma,yor/ChaUmlm
(SEAL)
Atat:
PLANNED PUBNlHOOD OF GREATERMlAMI
ANI) nm PLORIDA KEYS
44
8)'_
By
Tide
Tide
4
f@]
Planned Parenthood@
of Greater Miami, Inc.
Chairperson
Bruce Seabrook
Chairperson Elect
P~lgeA Harper.EsQ
Vice Chairperson
Chnstyno L. Hayes. ESQ.
Bixle O'Connell
S('nl.'l.uy
[JspI,lh Hotchkiss
Treasurer
Lisa O. Napier. CPA.
Board of Trustees
Ann De Velasco. R.N.
Stephen J. Dresnick. M.D., FACEP
Angle Fleltes
W Tucker Gibbs, ESQ
Nancy B. Hector
Gerald J. Houlihan, ESQ.
S Manjula Jegasothy. MD
Ana Martin-Lavielle, ESQ.
William T. Mixson. M.D.
Nancy G. Pastroff, CPA
Pamela I. Perry, ESQ.
Jean D. Shehan
Natalie F. Snyder, LCSW
Delores Juler Sticht
Edward F. Swenson, Jr.
Suzzanne C. Thomson, ESQ.
Sally Z Wiener. ESQ.
PH'sident / CEO
.Joan Sarnpleri
Medical Director
Edwald R. Watson, M.D.
May 23, 2000
Dent Pierce, Division Director
Monroe County Public Works
5100 College Road
Key West, Florida 33040
Via Facsimile and First Class Mail
Dear Mr. Pierce:
Thank you for forwarding the application for space use to my office. The
completed application is appended to this letter. I would like to take the
opportunity in this letter to tell you a little about Planned Parenthood of
Greater Miami, Inc. (PPGM).
First, because we will be working in the Keys, I have asked our Board to
authorize application for a name change. At PPGM's May meeting, the
Board approved filing with the state for use of the name Planned
Parenthood of Greater Miami and the Florida Keys.
Our organization has been serving the Greater Miami community for more
than 25 years, providing affordable reproductive healthcare to thousands
of women and men. Formed by a community group in 1975, Planned
Parenthood of Greater Miami (& the Florida Keys) is an affiliate of Planned
Parenthood Federation of America and one of 130 such affiliates
throughout the United States. An international branch represents us in
virtually every nation in the wortd. Our affiliate has just completed a
regular accreditation process that reviews our financial health, our quality
assurance, our community presence, our educational programs, our board
participation and our medical care. I am pleased to say that we have been
awarded the highest level of accreditation - 4 full years.
PPGM provides breast, pelvic and ~sticular exams; Pap smears;
diagnosis and treatment of STDs (sexually transmitted infections); birth
. control methods at greatly reduced prices; pregnancy testing and
reproductive health education and counseling. Our Miami office will begin
offering mid-life services in June.
1699 S.W. 27 Avenue · Second Floor · Miami, Florida 33145 · (30S) 285-5S32 . Fax (30S) 28'l-'l'l71
Dent Pierce, Division Director
May 23,2000 p.2
Our services are supported by fundraising, foundation grants and clinic
fees. Our fees are generally just fifteen percent over Medicaid fees,
making them extremely affordable while allowing us to continue serving
our patients.
PPGM's expansion of services into Monroe County is being aided by the
generosity of an Upper Keys resident's family foundation and a second
family foundation that has agreed to match at least the first year's
contributions. We are grateful to the James Starr Moore Family
Foundation (through Starr Moore) and the Lydia B. Stokes Family
Foundation for their funds. Those monies will enable us to hire Monroe
County residents and to provide quality care to Monroe County patients,
the majority of whom are not covered by health insurance.
I look forward to working with your office, the Department of Health, the
Rural Health Network, Healthy Start and others who are so committed to
providing care to Monroe County.
Thank you, again for your assistance in having this matter heard. If you
have any questions regarding this application, please don't hesitate to call
me.
Sincerely,
d=--~~r
Joan Sampieri
President/CEO
. ~
,
.
}Jott-profit Organization Request ~r Office S~C:fi!
Name of Organization:
1
Planned Parenthood of Greater Miami, Inc.
Contact Name:
Joan Sam1?ieri
Non-Profit No: 59 -16 42041
Address: 1699 S. W. 27th Avenue I Miami, Florida 33145
Square Footage
Phone Numbar: (305) 285-5532 Requested: negotiate with health dept.
Fax Number.
(305) 285-5571
For How Long? 3 year s
Location Required: Lower Keys 0 Middle Keys &:l{ Upper Keys Kl
1
Special R~ujrements:
We are requesting space at the Ruth Ivens Center in Marathon and
the DqTT space in Tavernier.
.I:>fiM. .(- I,"~",,..~
::loes thiS ~rganilation r$ceive funding from Monroe County? Yes 0 Nc.@
,
If so, what!s the annual allocation? N/ A
i
If a leass i~ granted, please identify the program for which t1e value of the space allocated will be used as an
i~~nd9~tma~: Affordable reproductive health care.
Describe the County-wide service your agency provides and the cost bQnefit to Monroe County taxpayers:
Planned Parenthood provides reproductive healthcare (Pap test; breast
exam; ;testicular exam; STD diaqnosis and treatment; contraceptive
methods) at greatly reduced prices.
'301" eowtt~ Use Onl!J
",
Approved by:
Risk Management:
Facilities ~int:
($
Date:
Oa:8:
Fair Market Value for anocated space)
?VV Directdr:
Date:
County Administrator: Date:
I
Jf approved. the o~anization be required to enter into a Me-year lease with the County, with two (2) possible
ene-year efdensions, at which time Ule organization will not be eligible to reapply for space for a period of a
minimum Qf three (3) years. All non-profit organizations who are provided office space will be required to
ieimburse the County fOr utilities in the amount of '$100.00lmonth, and must provide their own janitorial and.
telephone servIces.
TOTAL. OJ.1'3
"
.
...
fIlolU'OS eounq, policy
fo"
RfI!quesa for Office Spa"
by
}lon-Profit O"ganlzatiom;
The purpose of this policy is to establish a procedure for processing requests from non-profit organizations
desiring dffice $p8ce in County facilities. The Board of County Commissioners adopted this policy on
November. 9. 19S9.
GENERAll.INFORMATION:
1. Orga~izatiOns shall complete the attached form andsubmil it to the Facii:ties Maintenance Department at
3583: South Roosevelt Boulevard, Key west, Florida 33040: telephone number 305(,292-4431 - fax
numtier 305/295-3672.
2. Onc~ the request for office space has been reviewed by staff I and it has been determined that appropriate
space is available. the Administration will prepare an agenda item for the next available meeting for the
BoarCI of Count'} Commissioners to consider staff recommendations and maKe a fll1al determination.
3. If appropriate office space is located, and approved by the Board of County Commissioners. the
orgal\llzation will be required to:
a. ExeaJte a one-year lease agreliment with the County, with two (2) possible one-year extensions.
TJ'lereafter the organization wiD not be eligible to reapply for space for a periOd of a minimum of three
(3) years;
b. Pay a fee of $100.00 per month to the Monroe County Clerk of Courts (Finance Department) to cover
electricity costs;
c. ~rovide its own janitorial and telephone service.
CR.ITERIA:
The following criteria are the basis for determining the aliocation of office space:
! ;
1. 1he organization must provide a County-wide service.
2. poes the organization presently receive funding from Monroe County? Yes 0 No2dil
If so, is' the agency willing to reduce funding commensurate with cost savings as a result of being
~ocated in a County facility'? Yes 0 No 0 N / A
3. The organization must secure an in-kind match grant for the value of the space allocated. Please list
prant James Starr Moore Memorial FOllncflrl-r ion, Lvdia B. Stokes Fdtn.
4. ~MlI the office space requested be needed on a temporary basis or for an extended period of time?
:Temporal)' Basis 0 Extended Basis Ki How Lo1lg7 ':\ YPrlrc::