Item C43
BOARD OF COUNTY COMl\lISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Julv 26.27.2000
Division:
Public Works
Bulk Itcm: Yes --X- No
Department:
Public Facilities Maintenance
AGENDA ITEM WORDING: Approval to renew lease agreement with the Botanical Garden Society to
providc officc space for this non-profit organization, in the amount of $100.00 pcr month for utility
consumption, and authorization for Mayor to execute same.
ITEM BACKGROUND: On August 10, 2000, the CUITCnt lcase for officc space with the Botanical
Garden Society will expire. Monroe County Policy for Non-Profit Organizations to lease office space
offers two (2) possiblc one-ycar extcnsions after the first year. The Botanical Garden Society would likc to
exercise a one-year extension.
PREVIOUS RELEVANT BOCC ACTION: On August II, 1999, BOCC granted approval to cnter into
a lease agreemcnt with the Botanical Gardcn Society in the amount of $100.00 pcr month for utilities
consumption. On February 16, 2000, BOCC rejected to rescind the previous approval of August I I, 1999,
asking if the Botanical Garden Society provide $100.00 in-kind serviccs pcr month in lieu of payment.
STAFF RECOMMENDATION: Same as notcd above.
TOTAL COST:
N/A
BUDGETED: Yes NtA NO
Cost to County: Nt A
REVENUE PRODUCING: YES L NO
AMOUNT PER MONTH $100.00 YEAR $1.200.00
Item Prepared by:
OMBlPurchasing _ Risk Management
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Carlos Zarate, Sr. Director, Facilities Maintenance
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APPROVED BY:
DIVISION DIRECTOR APPROVAL:
Dent Pierce, Division Director
DOCUMENTATION: Included -L To follow
Not Required
AGENDA ITEM # ~~
DISPOSITION:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Contract with:
CONTRACT SUMMARY
Contract #
Botanical Garden Society
Effective Date:
Expiration Date:
08 /11 /00
08 /10 /00
Contract Purpose/Description:
Provide office space for this non-profit organization in the amount of$100.00 per month for utility
consumption.
Contract Manager
Ann Mytnik
(Name)
4431
(Ext. )
Public Facilities Maintenance
(Department)
for BOCC meeting on 07/26,27/00
Agenda Deadline: 07/12/00
CONTRACT COSTS
Total Dollar Value of Contract: $ N/A Current Year Portion: $ Revenue producing
Budgeted? Yes _ No _ Account Codes:
Grant: $ N/A
County Match: $ N/ A
Estimated Ongoing Costs: $ N/ A
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg, maintenance, utilities, janitorial, salaries, etc.)
County Attorney
CONTRACT REVIEW
Changes
Date In Needed Reviewer
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Date Out
Division Director
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Comments:
.
OMS Form Revised 8/30/95 MCP #2
RENEWAL AGREEMENT
(The Botanical Garden Society)
THIS Renewal is made and entered into this 26th day of July, 2000, between the
COUNTY OF MONROE and the BOTANICAL GARDEN SOCIETY in order to renew the
agreement between the parties dated August 11, 1999, ( a copy of which is incorporated hereto
be reference); as follows:
1. In accordance with Article 1 oftq.e original agreement, the COUNTY exercises its option
to renew the Agreement. The renewal term shall be for one (1) year. The COUNTY may
exercise an option to extend this agreement for one (1) additional year provided the
BOTANICAL SOCIETY complies with all requirements of the new county policy dated
11/09/99 for non-profit organizations desiring office space in County facilities.
2. Payment by the BOTANICAL GARDEN SOCIETY for utility consumption and upkeep
remains at $100.00 per month.
3. The term of the renewed agreement will commence on August 11,2000, and terminate on
August 10,2001.
4. In the event that the COUNTY vacates the Public Service Building, this agreement may
be terminated by providing thirty (30) days written notice to the BOTANICAL GARDEN
SOCIETY.
5. In all other respects, the original agreement between the parties dated August 11, 1999
remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and
year first written above. .
(Seal)
Attest: DANNY L KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
BOTANICAL GARDEN SOCIETY
B
ROBERT N. IN r
DATE r- - ( -(!;)(J
By:
President
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AGREEMENT
THIS AGREEMENT, made this 11th day of August, 1999. by and between the Board of
County Commissioners of Monroe County, Florida (hereinafter referred to as BaCC) and Botanical
Garden Society (hereinafter referred to as The Society), a not-for-profit corporation incorporated in
the State of Florida.
WHEREAS, the BaCC has approved for the Administrator to make limited, temporary office
space available to nonprofit organizations serving the County community on the condition that the
organizations 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 Botanical Garden Society maintains hundreds of Records, picturesf and
history of the Gardens that was started in 1939; and
WHEREAS, the SOCC has determined that it is in the best interests of Monroe County to
enter into thiS agreement;
NOW, THEREFORE, for and in consider ation of the mutual covenants contained herein, the
parties agree as follows:
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1. Contract Term and Sum. This agreement is for the period commencing August 11,
1999, and through August 10,2000, unless earlier terminated pursuant to paragraphs 6 or 23 below.
Upon providing written notice to the Society at least sixty days prior to the expiration date, SOCC
may exercise an option to extend this agreement for two (2) additional years under the same terms
and conditions, The Society hereby agrees to pay the SOCC the sum of $100.00 per month for the
utility consumption and upkeep costs,
2. Scope of Services. The Society shall provide the program development, and
sponsorship necessary to accomplish within Monroe County the goals and purposes set forth by the
Society in its letter dated April 24, 1999, attached hereto as Exhibit A, The Society shall install its
own, telephones, supply its own office furniture and equipment, and provide for its own janitorial
service,
3, SOCC Responsibility. The SOCC shall direct its Administrator, Department Heads,
County Attorney and staff to provide certain facilities and support to the Society as can be provided
without requiring an increase in personnel or any purchase or lease of real property. The sacc
shall provide to the Society, within the aforementioned limitation, as well as all rules applicable to
County, the following:
a) One existing office, in as is condition, located in tile Public Service Building,
5100 College Road, Stock Island, Key West, r=lorida
4, Records - Access and Audits. The Society shall maintall1 adequate and complete
records for a period of four years after completion of any event or program The SOCC shall have
access to the books, records, and documents of the Society. The access to and inspection of such
books, records and documents by the soce shall occur at any reasonable time
5, Relationship of Parties, The Society 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 soce, The Society shall exercise control, direction, and supervision over the
means, manner personnel and volunteers througll Wllich it performs 1I1e work Although this
Agreernent is a cooperative agreement, sil11il~1 in many respects (but not all) to a partnership, the
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Society shall have no authority whatsoever to act on behalf and/or as agent for the SOCC in any
promise, agreement or representation other than specifically provided for in this Agreement. The '
SOCC shall at no time be legally responsible for any negligence on the part of the SocietYf 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 SOCC. 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 this contract. Both parties reserve the right, at the discretion of each, to terminate 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 Requirements, The Society 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 SOCC. The
Society 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. The Society shall indemnify and hold harmless
the SOCC, 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 the Society, 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, the Society reasonably relied upon material or services supplied .by the SOCC or any
employee of the SOCC. The Society 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
sacc in the investigation arising as a result of any suit, claim or action related to this Agreement.
10. Permits. The Society shall secure all required permits and/or licenses necessary to
carry out any of the services rendered under this Agreement.
11, Laws and RO!=lulalions,
a) 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 federal law, The Society agrees for venue of any
dispute to lie in Monroe County, Florida.
b) The Society 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.
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c) Any violation of said statutes, ordinances, rules, regulations and executive orders
shall constitute a material breach of this Agreement and shall entitle the saee to terminate this '
Agreement immediately upon delivery of written notice to the Society.
.12. Taxes. The saee is exempt from Federal, Excise and State of Florida Sales Tax.
13. Finance eharQes. The saee will not be responsible for any finance charges.
14. Severabilitv. 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 ~alid and enforceable to the fullest extent permitted by
law.
15. Force Majeure. The Society 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 the Society
has exercised reasonable care in the prevention thereof, and any such delay or failure shall not
constitute a breach of the Agreement. The Society shall notify the soee of any delay or failure to
perform within five (5) days of such action. Upon demand of the BOCC, the Society must furnish
evidence of the causes of such delay or failure.
16. AssiQnment. The Society 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 permit any other person or persons, company or
corporation to perform services under this contract without first obtaining the written consent of the
BOCC. In the event of such consent, this agreement shall be binding upon the Society's successors
and ?ssigns.
17. Disclosure. The Society 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. The Society shall disclose to the BaCC 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.
18. Additional Conditions. The Society 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 the Society has been notified in writing and no such additional conditions
shall be imposed retroactively.
19. Independent Professional Judqment. The Society shall at all times exercise
independent professional judgment and shall assume full responsibility for the service to be provided
and work to be completed,
20. Care of Property. The Society shall be responsible to the SOCC for the safekeeping
,and proper use of the property entrusted to the Society's care, and to process all documents
necessary to continue, without interruptions, any maintenance or service contracts relating to such
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equipment for its service life, The Society shall provide services Monday through Friday, 8:00 a.m. _
5:00 p.m., and shall ensure that their patrons do not loiter or congregate on the Public Service '
Building property.
.21. Ethics Clause. The Society warrants that it has not employed, retained or otherwise
hac;l act on its behalf any former County officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010-1990 or any BOCC 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
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, gift or consideration paid to
the former the Society or BOCC officer or employee.
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22. Notice. Any notice required or permitted under this Agreement shall be in writing and
hand-delivered or mailed, postage prepaid, by certified mail, return receipt requested, to the other
party as follows:
To the Society:
Key West Botanical Garden Society
P.O. Box 2436
Key West, FL 33045
To County
Monroe County Facilities Maintenance
3583 S. Roosevelt Boulevard
Key West, FL 33040
.
23. Termination. Termination of this Agreement 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.
24. Full AQreement. 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 6 hereof.
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IN WITNESS WHEREOF, the parties have executed this agreement the day and year first'
above written.
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Atie$'t::.pA:NNY~,~":K$LHAGE, Clerk
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(SEAL)
Attest:
By
Title
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
ByCS'~-F~
Mayor/Chairman
BOTANICAL GARDEN SOCIETY
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