Item C39
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
October 18. 19.2000
Division:
Public Works
Bulk Item: Yes ~ No
Department:
Facilities Maintenance
AGENDA ITEM WORDING: Approval of Abatement Amendment to the existing lease agreement, and
establish two (2) one year lease renewal options with Planned Parenthood of Greater Miami and the
Florida Keys, Inc., and authorization for Mayor to execute same.
ITEM BACKGROUND: Planned Parenthood entered into a Lease Agreement with Monroc County for
office space located at the Ruth Ivins Center in Marathon, and the Department of Health Clinic in
Tavernier. The office space in Tavernier needs repairs and maintenance, and is not readily available for
occupancy. Planned Parenthood paid $100.00 rent for the space in Tavernier for the month of August,
and the office is still vacant. In addition to the request for abatement of rent, the Facilities Maintenance
Department would like to add a paragraph B to Article 1 of the original Lease Agreement to include the
statement; Renewal Option: Lessee has the option to renew this Lca~e ~grcement after the first year for
two (2) additional one-year extensions (in accordance with MonrOe Cbunty policy, Requests for Office
Space by Non-Profit Organizations).
PREVIOUS RELEVANT BOCC ACTION: On June 14,2000, BOCC approved to enter into a lease
agreement with Planned Parenthood of Greater Miami and the Florida Keys to occupy office space located
at the Ruth Ivins Center in Marathon, and the Department of Health Clinic in Tavernier. The term of the
lease commenced August 1,2000, and terminates July 31, 2001.
STAFF RECOMMENDATION: Approval as stated above.
TOTAL COST:
N/A
BUDGETED: Yes
Account #
N/A
NO
Cost to County: N/ A
REVENUE PRODUCING: YES
NO l AMOUNT PER MONTH
YEAR
APPROVED BY:
OMB/Purchasing _
Risk Management
DIVISION DIRECTOR APPROVAL:
/0/.500
/'
DOCUMENTATION: Included ~ To follow _
DISPOSITION:
Not required ~
AGENDA ITEM #
l'vIONROE COUNTY BOARD OF C01)NTY COl\1l\lISSIONERS
CONTRACT SUMMARY
. J) f 1 0 .. ~ontract # !J
Contract WIth: 4nr~ tttJte,0hco{{i Effective Date: ,)./~/ tJo
II /1 . Expiration Date: '7/3//0 I
Contract Purpose/Description: A l'i-Jl/ry)! ~h.:::J: 10 I-e ct s-e To - - -
cJJt\-H (eJ~-ralle/~n/~ o~U'___ ~-A'I
tJa~tftvtLl1 Cl c-&~ I {1: ()Cc-u-fS / ~ ~ aJJ
(~CJ of'-f1 O)~ (/1 Cl u ~f- .
Contract Manager:
.
f+r..(I ~fA, ~
(Nam) ~*LI
I D./ I g-- / 07J
lfSl/1
(Ext. )
.
He. (htlltt+.
(Department)
for BOCC meeting on
Agenda Deadline: -.LQ./ Y / 00
Total Dollar Value of Contract: $
Budgeted? Yes No
--
Grant: $
County Match: $
CONTRACT COSTS
--.-Current Year Portion: $
Account Codes:
Estimated Ongoing Costs: $
(NOt included in dollar value above)
ADDITIONAL COSTS
/yr For:
(eg. maintenance, utilities, janitOrial. salaries. etc.)
Division Director
/U / S fJV
CONTRACT REVIEW
Changes
Needed Reviewer
Yes NO/
( ) (')
Date Out.. .
Date In
Risk Manage?};rf.
o~:~g
County Attorney
lf2/ jJ -2.D(
IO/~1 00 (
10 I 51 tV
---
!f21 J/lOO ( )
.lO/-1/CD
jQl3.l.QP
lPX! aJ
Comments :
OMB Fonn Revised 8/30/95 Mep #2
AMENDMENT
(Non-Profit Organization Lease or Office Space at the Ruth Ivins Center in Marthon, and tlle Department or Health
Clinic in Tavemier.)
THIS Amendment is made and entered into this 18th day of October 2000, between the
COUNTY OF MONROE and PLANNED PARENTHOOD OF GREATER MIAMI AND THE
FLORIDA KEYS, INC., in order to amend the agreement dated June 14,2000, (a copy which is
incorporated hereto by reference) as follows:
1. Rent paid of $100.00 for the monlh of August for utility consumption at the Tavernier
Department of Health Clinic, be applied towards the first month Planned Parenthood
actually occupies space. All other rents between September 1, 2000 and actual
occupancy date be abated. Rent due for partial month occupancy to be pro-rated.
2. Add to Article 1, a paragraph B, to read as follows:
Lessee has the option to renew this Lease Agreement after the first year for two (2)
additional one-year extensions (in accordance with Monroe County policy, Requests for
Office Space by Non-profit Organizations).
3. In all other respects, the original agreement between the parties dated June 14, 2000
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:
Deputy Clerk
DADE RESTAURANT REPAIR SHOP, INC.
Witness
By:
Witness
Tille
AGREEMENT
TIllS AGREEMENT, made tIus 14th day of June, 2000 by and between the Doard of County Commissioners
of Monroe County, Florida (hereinafter referred to as BOCC) and Planned ParentIlood of Greater Mianu and the Florida
Keys, (herei/kIOer referred to as Planned ParenUlOod), a not-for-profit corporation incorporated in the Stale of Florida.
WHEREAS, the DOCC has approved for the Adminislrcltor to make limited, temporal')' office space available
to nonprofit organi:t..ations serving the Count)' conlll1unit)' on the condition that the organii'~1Iions arc responsible for
their own clc;lI1ing. telephone and similar costs and provide a reasonable payment to the Counly for the cost of
electricily: and
woman:
WHEREAS. rhe Planned Parenthood providcs afTordable reproductive healthcarc 10 Ihou~ands of men and
WHEREAS. Ihe BOCC has delennined that it is in the best intcrests of Monroe Counly to enlcr into this
agreement:
follow~:
NOW. TJ lI::lUTORE. for and 1Il con~idc/:l1ion of Ihl' mulual CO\'l'nanls conl:linl'd 11\'/l'11I 111\' p:1I11l'S :lgll'C a~
I, r.9!llra_c::.LTcnn a../.!d Sum. 1llis agrccmenl is for the period colllmcncing f}lJ6U~J I , JWI) and
through 'J Uhf ,)I .)00/ ,unless earlier terminated pursuant to paragraphs 6 or 23 below. Planned
Parenthood {l(!reol agrees to pay the DOCC tIle sum of $100.00 per monUI for space at the Ruth Ivins
Center in MaraUlOn, and the sum of $ 100.00 per month for space at the Department of Health Clinic
in Tavernier, for the utility consumption and upkccp costs (total of $200.00 per month).
2, ~f9P~ of ~~rvices,,-Planned Parenthood shall provide alTordable reproductive hc;lllhcare, provide
breast, pelvic and testicular exams; Pap smcars; dia1,'llOsis and trcatment of STDs (scxually
transmitted infcctions); birth conlrol mcthods at 1,'TealIy rcduccd prices: pregnancy tesling and
reprodllclivc hcallh cducation and counseling. Planncd Parcn(hood shall inslall ils own telephones.
supply ils own office fumilure and equipment. and provide for its own janitorial scn'i<.:e.
j nO(:C gCSjJO--'.15jl~ility; TIlc BOCC shall direct its Adminislralor, DcpartmcllI IIcads, ('ounly Allofl\cy
. and slarr 10 provide ce/lain !;Icilitics and support to Planncd Parcnthood as can hc provided wilhout
. requiring all incrcasc in pcrsonncl or allY purchase or Ieasc of rcal prope/1y. The BOC'C shall provide
to Planncd Parcnthood, wilhin the aforementioned limit.ation, as well as alllllles applicable to Count)',
without any cost to the connty, the following:
a) Ruth Ivins Ccnter - 78 squarc fcet of dcdicated space (room 1/1.10). and ulili/~llion
of existing HC<llth Department clinic spacc.
b) Dcpar1111ent of Hc;llth Clinic in Tavcmicr - 115 square fCcl of dedicated spa(;C, and
utilization of exisling Health Dcpartment clinic space.
I
,1 Hn:o/d~ _ Ac<.:<;ss and Alldils, Planncd Parcnthood shall lIIainlain adl'qualc alld COJl1pletc rccOId" fm
a perIOd of fOUl YC,Irs after cOlllpletlOn of an): event or program. Thc BOCC sh:1I1 have access 10 the
hooks. /c<.:ord~. alld ducumcnls of Plallllcd' Parcnthood, 'Ille acccss 10 and inspectioll of such books.
/culIcls. and dOCII1I1ClltS hy thc BOCC shall occur a/ any rc;lsonable tilllC,
5, gd;ltiOJlship..9IY<.!f.li_~; Planned ParCl\lhood is, and sh.all be, in lhe pcrfollllallcc of all works,
selvi<.:cs. alld a<.:livities under /his Agreemcnt, an independent con(I~lctor and nol an l'lllploycc. agent
01 servallt of the BOCC. Planlled Parcn/hood shall excrcise control. clilCclioll. and slIpervisioll ovcr
lhe II Ie; III S. lnallllcr persollnel alld vohlnlccrs through wilh it pcrfil/Ills Ihc \\'011 Allholl)'.h lh"
Ag/eclllellll~) ,I cooperallvc agrcelllent, slIlIilar illlllallY respects (hnlllot all) 10 a P:IIIIH'/ship, 1'1;lIll1cd
Parenthood shall have no authOrity whatsoever to act on behalf and/or as agent for the DaCe in any
promise, agreement or representation other than specifically provided for in this agreement TIle
DOCC shall at no time be legally responsible for any negligence on the part of Planned ParenUlood,
its employees, agents or volunteers resulting in either bodily or personal injul)' or property damage to
any individual, property or corporation.
6. Modification. Additions to, modification to. or delelions from lhe provision of this conlract may be
made only in writing and executed by the BaCC. No modilic;ltion shall become effective without
wrillen approval of both parties.
7. Breach and Penalties. TIle parties agree to full performance of the co\'enanls contained in the
conlract. Both parties reserve the right, al Ihe discrelion of each. to terminate the service~ in IIl1s
conlr.lct for any misfeasance, .malfeasance or nonperformance of thc conlract terms or negligent
perfonnance of the contract terms by the other party. AllY waiver of any breach of covenants herein
contained shall not be deemed to bc a conlinuing waiver and shall not operate to bar either party from
declaring a forfellure for any stlcceeding breach ellher of the samc condilion~ or co\'cnanl~ or
otherwise
x, hlSllr;Ill~~.J.s~ntli.r5:.ID~.:!lt5. Planned Pan:nll!ood sh;1I1 GII J")'. dUlln); the IeI'm or tillS agreement Pllhlic
liabililY insurance, including bodily injlll)' and plopcI1y loss damage to cover all claims. demands or
actions by any person or entity in any way arising liOln the oper.ltion of the Agrccment. Such liability
insurance shall meet the requirements of lIle Insur<lnce Requirement Attachments hereto. Monroe
County shall be named as an additional insured under the insurance policy and such insurance shall be
primary and non-contribuling with any insur.mce carried by the DaCC. PlannCd Parenthood shall
furnish the County with a certificate evidencing the insurance required by this paragraph allhe time or
executing tItis Agreement.
9. !~IQ~!..n.Di!kali~w and Hold Harmless. PlafUled Parenthood shall indemni(y and hold harmless the
BOCC, their departments, agencies, officials, employees, agenls. servants and contractors against any
claims. Iiabililies and expcnses (including reasonable allorney's fees) arising as a rcsult of any direcl
:lIld/or indircc! action of Planned Parenthood. its employees, agenls, servants, voluntcers and/or
contr.lctors in the performance of the tenns of Ihis agreement or otherwise relatcd to activity
conduClcd in thc furthcrance of this agreement except to the extent that, in the c;lSC of any act of
negligence, Planned Parenthood rC:lsonablc relied upon material or services supplicd by the BOCC or
any employee of lllC HOec. Planned Parcnthood shall imlllediately give notice to the 130CC of' any
suil. claim or ac!ion made i.lgainst it that is related 10 :my activity undcr this Agreement and will
cooperatc willi the HOCC in thc inves!il;ation arising as a result of any suit. claim or action rela!ed to
this Agreement.
I O. ~c.rl!!.!t~. Planned Parcnthood shall securc all required pcnnits and/or licenses nccessary to cany oul
any of thc sen1ices rcndcred under this Agreement.
I I . L;I.\Y~I.nd Rel:~I!.ation2.
a) lllis Agreement shall be construed by and govellled under the laws of the Slale of FIOI ida
unless in an :lrC;I of law pre-clllpled by [ederal law Planned Parenthood agrecs for \TIIIH.' of
any dispule 10 lie in MOllroc County.,Florida,
b) Planned Parcnthood shall compI,; wllh all laws. including bul not Illlllled 10 (hose li,;t~'d III
Exhibit C.
<:) Planned Parenthood shall comply with all federal. slate and loetl laws alld OIdlllances
applicable to the work or payment It)!' work thneo!". and shall nol disclinlin:lle on (he
grOllnds of r:ICC. color. religion. sex. age or 1I:llion:l1 ongin ill lhe (lClfolln:nlcc of' work milk,
(his ^grcemcnt
')
~ Any violation of said statutes, ordinances, rules, regulations and executive orders shall
constitute a material breach of U\is Agreement and shall entitle the DOCC to tenninate this
Agreement immediately upon delivery of written notice to Planned ParcnUlOod.
12. Taxes. TIle BOee is exempt from Federal, Excise and State of Florida Sales Tax.
13. Finance Charges. 11le BOee will not be responsible for any finance charges.
14. Severability. If any provision of this contracl shall be held by a court of compelent jurisdiction to be
invalid or unenforceable. the remainder of this contract, or lhe application of such provision olher than
those as 10 which it is invalid or unenforceable, shall not be affected thereby; and each provision of
this contract shall be valid and enforceable to the fuliest extent pennitled by law.
15, ForceJ~..1~~!!!~. Planned Parentl;ood 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 sh0l1age. war or
act of war. whether an actual declaration thercof is made or not. insurrection, 5:lbolage. riot or civil
commolion. act of public enemy. epidemic. qu;uantine rcstriction. accidcnt. firc. explosion. storm.
nood. drought or other act of God. act oj" any governmental authority, jmisdictional action. 01
insufflcienl slIpply of fuel, electricity, or materials or supplies, or technical failure where Plarllled
Parenthood has exercised reasonable care in Ole prevention thereof, and any such delay or failure shall
not constitute a breach of Ole AgrccmenL Planned Parenthood shall notify the BOee of any delay or
failure to pcrfonn within five (5) days of such action. Up?n demand of t~le BOee, 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 othenvise encumber or dispose of this contract or any estate created by this contract or any interesl
in any portion of the same, or pennil any other person or persons, compan)' or corporation to pcrform
services under this contract withollt firsl obtaining the written consenl of lhe nOec. In thc evcnl of
slleh conscnt. this agreement shall be binding upon Planned Parenthood's sllccessors and assigns
17. Ris~!9~-'-lr_<; Planned Parenthood shall be required 10 list any or all potenlial COnniels of interesl. as
delined by Florida statutes Chaptcr 112, Part III and the Monroe County Elhics Ordinance. Pl:lnned
Parenthood shall disclose to the BOee ;111 actual or proposed connicts of inlerest, financial or
. otherwise. direcl or indirecl, involving an)' client's interest which may conslitute a connict under said
. laws,
18. bddj.ll9.!.1 ('oncji!l5.~l,~ Planned Parcnlhood agrccs to acccpt additional conditions governing the usc of
filllds or performance of work as may be requircd by federal, sl<lte or locI! Sl;llutc, ordinance or
regulation or by other policy adopted by the BOCC. Such additional conditions shall not bccome
effective until Planned Parcnthood has been nolilied in writing and no such additional conditions shall
bc imposed retroactively.
19. .Ir!~k)l<;Jl~!eJ.ILf~o[~s1'i~lI1aUI!.9ZI.!l~J!L Planncd Parenthood shall ;It all timcs exercise indepcndent
prolCssional judgment and shall assume full responsibility for the service to be provided and work to
be completcd.
20. CH(:~)r..e.f.l!J.}~rty, Planned Parenthood shalt bc responsible to lhc BOeC fill lhe sakkcqllllg and
(HOpCr use of the property entru~1cd 10 j-'Ianncd Parenthood's care. and to process all documcnts
necc5~ary to continuc, without interTllplions. :IlIY maintenance or service conlracts rclallnl: to sllch
Ct!lllpmCnl for ils service life. Planned Parenthood shall provide services Monday thmlll:h hiday,
X:OO a.IIl, - 5:00 p,m" and shall ensure tlJ;lt their patrons do not loitcr or congregate on the Hulh IVllls
Ccnter 's propCl1y in Marathon, or the Departmenl of Health Clinic's proper1y in Tavcmicr
21 1:1111<:5 Clause, Planned Parenthood warrants that it has nol cmplo"cd, le(ailled 1lI (,llln\\ J'.l' kid :1("1
on lIs hell;rll allv fOlmer ('ounly officcl 01 employee slIhwct tn the prolullltion ol Section =' or
1
Ordimmoc No. 010-1990 or any BOCC officer or employee in violation of Section ~ of Otdinancc No.
010-1990. For breach or violation of this provision. the County may, in its- discretion, terminate this
contrnd without liability, and may aloo, in its discretion, deduct tiom the contmct or purt:basc price, Or
othcnvise recover, Ule full amount of any fee, commission, 'percentagt:, gill or considcrdti.on paid \0
t~ former Planned Parenthood or BOCC officer or employee.
22. Notice. Any notice required or permitted unda this Agreement shall be in writine andhand-dclivercd
or mailed, po5tage prepaid, by cc:rt.ific;d mai~ return rcocipt requested, to the othcr party as folloM:
To Planned Parenthood
Joan Sampiere
1699 SW 2ft' Avcnue
M1ami, l~ 33145
IQ <:<mIlt.)'
Monroe County Facilities Mnirucnance
3583 S. Roosevelt Boulcvard
K<..'Y West, FL 33040
23, I~natJon Termination of tllls AgroemCJJt shall OCCUr at the NatucU endine date, or earlier should
either party determine that there has occurred auy material breach of any COVCMnts herein contlined,
or cithcr party othen,isc deems it in their best intel'CSt to te:rmitul.lc. Tcrminntion may be with 01
'without cause. and shall require .....ritten notice to be given to the other P.1rty as follows:
a) In the event either party t.ctminatcs for breach of contrnd. termination shall be effective at
such time a<; the tcmtinating party shall declare in its act to tcnninatc (or cause, with a
minimum of fourteen days notice in writing required prior to effective te~tion.
b) In the event either party terminates without cause, the termination shnI1 not take effect until
at least sixty days subsequent to written notice to the other party, ~ the effective date of
terminationsha11 be specified in said notice.
2-1. full Amcmenl. This Agreement constitutes the entire and full understanding between the parties'
hereto and ncither party stulll be bound by any repi-cscnmtions, litatcmcnts, promises or agreements
not expressly set forth herein and in duly executed amendments under parngraph 6 heroo[ ,
BOARD OF COUNIY COM.MISSIONERS
OF MONROE COUNTY. FLORIDA
ct.~::F~~
By ___ .
Mayor JUiimlan
(~EAL)
AtlC-\1:
PLANNED PARENnIOOD OF (rREATER MIAMI
AND THE FLORIDA KEYS
'.Q~/' J~' -, /
Dy - -"'-M.{'~-:/.'. . , ~~___
,/, /"
41J '--~
'~,~Ik~~'-C)~::i.~:r~-c:::t~._._.- --
~. , J' /}//./ \-L.. APPROYUJ A~, 10 I OR '^~
<..J ..v-'~ U AI~D-rlGAl SlJfF~ E .,
r:~ ( j~(/, " ( , r.." ',--.,
-.ilY' _~ .
(...--/-': llIAI-JI.-Jf: I 1~1,!~I-J
"^1r .__{ {'1/CZ:--
s\ - ,
~.~
r,:y~~,(b_j- (C~~_
4
...led Parenthood'
Jf ~reater Miami, Inc.
"
Ch.li rperson
Bruce Seabrook
Septemher 11,2000
Chairperson [Ice!
Paiqc A Harper, r sQ
Ann M. Mytnik
Monroe County Public Works Division
Facilities Maintenance Dept.
3583 South Roosevelt Blvd.
Key West, FI 33040
Vice Ch.lirperson
Chnslyno l Hayes. r sq
Bixie O'Connell
Dear Ann:
Secretary
Elspeth Holchklss
Treasurer
Lisa D, Naplcr, CPA,
Attached please find the request for waiver f{)r vehicle liability
insurance, due to the f~lct that we do not have any company owned
vehicles.
Board of Trustees
Ann De Velasco. R.N.
Stephcn J. Oresnick. MO. r ACEP
Angie F1cilcs
W Tucker Gibbs, Esq
tJancy B Hcctor
Gerald} HOlllihan, Esq
S Manlllla Jegasolhy. M 0
Ana Marlin'lavicllc. [sq
William T, Mixson, M.D.
Nancy G. PaslroN. C,PA
Pamela I. Perry. Esq,
Jcan O. Shehan
Natalie F. Snydcr ,lCSW
Edward F. Sl'Icnson,Jr.
SUllanne C Thomson, OUllllero.1 sq
Sally Z Wlcner. ESQ
Ann, I believe a $100 payment for the September rent of the Marathon
clinic is due per our Lease Agreement. Will we be billed for this
amount or should we automatically send it in?
Since we were unable to move into the Tavernier building in August
due to the space being used for storage, we are wondering if the
September rent has to be paid for that space, or can it be waived until
the clinic is running? For your information, I am meeting Dan Fonte
Thursday at the Tavernier location to see what still needs to be done
there so that we can move in and begin to offer clinic services as soon
as possible.
As always, thank you for your continuing help in establishing our two
new sites.
I'rl'sidl'nl / 0:0
Joall SaOllllcn
Sincerely,
Medic.II Direclor
Edward fl. Walson, M.IJ
~
( c~-
, - . -inda R. Levine
Office Manager
Cc: Joan Sampicri, President/CEO
r:'-""':"'l r.o ~......,......_~
W/;.: (:":';' '!.~ ,~. '1 ~...,
..../~~t&~
1fJl)l} S.W. "27 AVl'nu~ · Second Floor · Miami, florida 3.114') . (]OS) :W')-')')Tl . Fax 00.')) 111.')-.').')71