Item C41
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
October 18. 19.2000
Division:
Public Works
Bulk Item: Yes --L No
Department:
Facilities Maintenance
AGENDA ITEM WORDING: Approval to renew lease agreement with The Florida Keys Outreach
Coalition to provide office space for this non-profit organization, in the amount of $100.00 per month for
utilities consumption.
ITEM BACKGROUND: The lease agreement with the Florida Keys Outreach Coalition for office space
in the Public Service Building will expire on Dccember 14, 2000. Article 1 of the original agreement
dated December 9, 1998 stipulates an option to renew for two additional years. This is thc final renewal.
PREVIOUS RELEVANT BOCC ACTION: On Dccember 9, 1998, the BOCC granted approval to
enter into a lease agrccment with The Florida Keys Outreach Coalition to provide office space. in the
amount of $100.00 per month for utilities consumption. On January 19, 2000 the BOCC approved to
renew the Lease Agreement for one additional year.
STAFF RECOMMENDATION: Approval as stated above.
TOTAL COST: $ N/ A
BUDGETED: Yes
Account #
N/A
NO
Cost to County: $ N/ A
REVENUE PRODUCING: YES l NO
AMOUNT PER MONTH $100 YEAR$I.200
APPROVED BY:
OMB/Purchasing _
Risk Management
'-L1-DO
rate, Sr. Director, Public Facilities Maintenance
DIVISION DIRECTOR APPROVAL:
(/iAJJ ~
Dent Pierce, Division Director
DOCUMENTATION: Included X- Tofollow
Not required
AGENDA ITEM #
I--LLf ,
DISPOSITION:
MONROE COUNTY BOAl{D OF COUNTY COMMISSIONERS
CONTRACTSU~ARY
Contract #
Contract with: Florida Keys Outreach Coalition
Effective Date:
Expiration Date:
12 /14 100
12 115 101
Contract Purpose/Description:
Lease office space at the Public Service Building for $100.00 per month for utility consumption.
Contract Manager
Ann Mytnik
(Name)
4431 Facilities Maintenance
(Ext) (Department)
for BOCC meeting on
10/18/00
Agenda Deadline: 10104/00
Total Dollar Value of Contract:
Budgeted? Yes NI A No
Grant: $ NIA
County Match: $
CONTRACT COSTS
$1.200.00 income Current Year Portion:
Account Codes: 001 - 362001
$1.000.00
Estimated Ongoing Costs: $ N/ A
(Not included in doUarvalue above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Yes No p'
IOISCO ( ) (~ 1>. ~~ g,p
Risk Manage8}ent ~i2iJIJ-) ( ) Jet. UL ~~--G.o~ VfJjo,:::)
o.~ur~~g f{1i!JdJ ( ) (~ ~ /IL../- q t1~ IJd
co~~f~ttomey C}J15~(~~, -:2~O/(YIt/v'~~=--
Comments: <~ep- :p;:;~r.:~~- ~ ~ 0/
Reviewer
Date Out
Division Director
1951 flO
---
u:,m h'rm R~\'''cJ 8 JOi'j5 :<.ICP 112
RENEWAL AGREEMENT
(Florida Keys Outreach Coalition, Inc.)
THIS Renewal is made and entered into this 18th day of October, 2000, between the
COUNTY OF MONROE (COUNTY) and the FLORIDA KEYS OUTREACH COALITION,
INC., (FKOC) in order to renew the agreement between the parties dated December 9, 1998, and
renewed on January 19,2000 (copies of which are incorporated hereto by reference); as follows:
1. In accordance with Article 1 of the original agreement, the COUNTY exercises its
final option to renew the Agreement. The renewal term shall be for one (1) year.
2. Payment by FKOC for utility consumption and upkeep remains at $100.00 per
month.
3. The term of the renewed agreement will commence on December 15, 2000, and
terminate on December 14, 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
FKOC.
5. In all other respects, the original agreement between the parties dated December
9, 1998, as amended on January 19, 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: DANNYL. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONEIlS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairman
FLORIDA KEYS OUTREACH COALITION, INC.
By:
President
.oK 0 C
fldplMg 1k f/(JIIIt/m
FLORIDA KEYS OUTREACH COALITION
PO Box 4767
Key West, FL 33041
Phone and Fax (305) 293 0641
August 23, 2000
Mr. Carlos Zarate
Monroe COtmty Public Works
3583 South Roosevelt Blvd.
Key West. FIOIida 33040
Dear Mr. Zarate,
RE: Office Space Rental at 5 J 00 College Road
The Florida Keys Outreach Coalition, Inc. (FKOC) would like to make known our desire to renew the
lease with Monroe County for the office space we presently rent in the trailer at 5100 College Road. The
FKOC Board of Directors request the same terms and conditions defined in the current lease.
As the new Executive Director of FKOC, I intend to expand the Outreach program that operates from the
above captioned location. The location has proven ideal for the services FKOC provides to the
community of Monroe County.
FKOC appreciates the support of your department and looks forward continuing our relationship with
Monroe County to address the issue of homeless in the Florida Keys.
~.r~
Rev. Stephen E. Braddock, Ph.D. ~
Executive Director .
6',<..."..... d
',. \.~' ~.. (?,; vp..
HAY ~4:~
,-
f>--
.......
RENEWAL AGREEMENT
(Florida Keys Outreach Coalition, Inc.)
THIS Renewal is made and entered
2000, between the COUNTY OF MONROE
OUTREACH COALITION, INC., (FKOC) 1n
between the parties dated December
incorporated hereto by reference); as
into this 19th day of January,
(COUNTY) and the FLORIDA KEYS
order to renew the agreement
9, 1998, (a copy of which is
follows:
I. In accordance with Article 1 of the 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 FKOC complies
wi th all regui rements of the ne\oJ County policy dated 1.] /9/99 for non-
profit organization~ desiring office space in County facilities.
2. Payment by fKOC for utility consumption and upkeep remains at
$]00.00 per month.
3. The term of the renewed agreement will commence on December
15, 1999, and terminate on December 14, 2000.
4. In ,the event that the
Building, this agreement may be
days written notice to the FKOC.
COUNTY vacates the Public Service
terminated by providing thirty (30)
5. In all other respects, the original agreement between the
parties dated December 9, 1998, remains in full force and effect.
,IN W-rfNESS WHEREOF, the parties have hereunto
seaL;~~h~ ~ay and year first written above.
' I " ':~
l': ..( Seai >.'::-"'. '.J
., A.ttest:.. "O~:NNY L. KOLHAGI::, CLERI\:
\~~
~~\1ty Clerk
set their hands and
BOARD OF COUNTY COMMISSIONERS
OF :SI::l~J3~
By:
- Ma r/Chairman
FLORIDA KEYS OUTREACH COALITION,
INC...
~-----~
~,.~~- -
. ...~ ~.
.1
AGREEMENT
THIS AGREEMENT, made this 9th day of December, 1998, by and between the Soard of
County Commissioners of Monroe County, Florida (hereinafter referred to as SaCC) and Florida
Keys Outreach Coalition, Inc. (hereinafter referred to as The Coalition), a not-for-profit corporation
incorporated in the State of Florida.
WHEREAS, the sacc 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 Coalition provides information, referral services, and programs for the
homeless in Monroe County;
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 consideration of the mutual covenants contained herein, the
parties agree as follows:
1. Contract Term and Sum. This agreement is for the period commencing December 15,
1998, and through December 14, 1999, unless earlier terminated pursuant to paragraphs 6 or 23
below. Upon providing written notice to the Coalition 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 Coalition hereby agrees to pay the SOCC the sum of $100.00 per month
for the utility consumption and upkeep costs.
2. Scope of Serv~ces. The Coalition shall provide the program development, and
sponsorship necessary to accomplish within Monroe County the goals and purposes set forth by the
Coalition. The Coalition shall install its own telephones, supply its own office furniture and
equipment, and provide for its own janitorial service,
3. BOCC Responsibility. The BOCC shall direct its Administrator, Department Heads,
County Attorney and staff to provide certain facilities and support to the Coalition as can be provided
without requiring an increase in personnel or any purchase or lease of real property. The BOCC
shall provide to the Coalition, within the aforementioned limitation, as well as all rules applicable to
County, the following:
a) One existing trailer, in as is condition, located on the property of the Public
Service Building, 5100 College Road, Stock Island, Key West, Florida.
4. Records - Access and Audits. The Coa'lition 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 the Coalition. The access to and inspection of such
books, records and documents by the sacc shall occur at any reasonable time,
5. Relationship of Parties. The Coalition 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 BOCC, The Coalition shall exercise control, direction, and
supervision over the means, manner personnel and volunteers through which it performs the work,
Although this Agreement is a cooperative agreement, similar in many respects (but not all) to a
partnership, the Coalition 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 p,art of the
Coalition, 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 this contract. Soth 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 Coalition 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
Coalition 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 Coalition shall indemnify 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 the Coalition, 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 Coalition reasonably relied upon material or services supplied by the BOCC or any
employee of the BOCC. The Coalition 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. The Coalition shall secure all required permits and/or licenses necessary to
carry out any of the services rendered under this Agreement.
11. Laws and Requlations,
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 Coalition agrees for venue of any
dispute to lie in Monroe County, Florida.
Exhibit C.
b) The Coalition shall comply with all laws, including but not limited to those listed in
2
c) The Coalition 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 origi.n in the performance of work under this Agreement.
d) Any violation of said statutes, ordinances, rules, regulations and executive orders
shall constitute a material breach of this Agreement and shall entitle the SOCC to terminate this
Agreement immediately upon delivery of written notice to the Coalition,
12, Taxes. The SOCC is exempt from Federal, Excise and State of Florida Sales Tax.
13, Finance Charqes, The SOCC 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 permitted by
law,
15. Force Maieure. The Coalition 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 Coalition
has exercised reasonable care in the prevention thereof, and any such delay or failure shall not
constitute a breach of the Agreement. The Coalition shall notify the SOCC of any delay or failure to
perform within five (5) days of such action. Upon demand of the SOCC, the Coalition must furnish
evidence of the causes of such delay or failure.
16. Assiqnment. The Coalition 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
SOCC. In the event of such consent, this agreement shall be binding upon the Coalition's
successors and assigns.
17. Disclosure. The Coalition 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 Coalition shall disclose to the SOCC 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 Coalition 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 SOCC Such additional conditions shall
not become effective until the Coalition has been notified in writing and no such additional conditions
shall be imposed retroactively.
19Incl~p~!lc!ent'pr9fg~~jQIl9'- JLJg9n.:!e_nJ The Coalition shall at all times exercise
independent professional judgment and shall assume full responsibility for the service to be provided
and work to be completed
3
20. Care of Property. The Coalition shall be responsible to the BaCC for the safekeeping
and proper use of the property entrusted ~o the Coalition'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. The Coalition 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 Coalition 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 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 Coalition or BaCC officer or employee.
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 Coalition:
Pat Valerga
P.O. Box 4767
Key West, FL 33040
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,
4
IN. ~'l. SS WHEREOF, the parties have executed this agreement the day and year first
above wfJtt~n.~ ....~'7:., .
/ ..- \ ",': .
I ;';;;;., ..'. ~
(SEAl! ,.; },~.: ~J1' ..
Attest:\ D~fi~Y ~~:S\,:H
.., \ .,', :"':.. .~;;'/
By
(SEAL)
Attest:
By
Title
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Byd'L""'fJ~
,Doputy C~ \'\~01 t" Ao T~
,_._.__Mayor/Chairman
FLORIDA KEYS OUTREACH COALITION, INC.
~C~~&
.(~
Titl~~ \ 'i~ ~ \
.;
5