Loading...
Item L1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 2/21/01 Division: Judicial Bulk Item: Yes No Department: Family Court: Drug Court And Information Systems AGENDA ITEM WORDING: Approval to enter into a lease with Roger Young, d/b/a OPMI, INC., for approximately 1918 square feet of office space for Family Court Programs' staff; Drug Court Program staff; and Information Systems staff, starting March 1, 2001. ITEM BACKGROUND: Appropriate office space and facilities in the Upper Keys are needed for the operation of Adult and Juvenile Drug Court, and to house the Guardian ad Litem Program and the Domestic Violence Coordinator. Additionally, two positions have recently been filled in Information systems and the Family Court Self-Help Program, which immediately require permanent office space. All county owned space is currently being utilized, and leased space is the only reasonable alternative to house these necessary court programs and staff. PREVIOUS REVELANT BOOC ACTION: None STAFF RECOMMENDATIONS: Search for needed office space began in October 2000 in cooperation with Public Works. The lease to be approved by the BOCC was negotiated by Carlos Zarate, Director of Facilities Maintenance, and is recommended for approval in its final format. TOTAL COST: $16.782.50 BUDGETED: Yes X No COST TO COUNTY: $16.782.50 REVENUE PRODUCING: Yes ___ :o..\- X ~OUNT PER MONTH t Ye;~",~ ~cpm\QwV\ S~JV' IlA Sd D~ f/l.- APPROVED BY: County A~ ~ OMB/Purch . ~ Risk Management ..; ~WlljJa.. D, (P~1c.J;(' DIVISION DIRECTOR APPROVAL: Theresa D. West;nel1 TYPE NAME HERE DOCUMENTATION: Included X To Follow Not Required AGENDA ITEM #--1...::11 DISPOSITION: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Roger Young. d/b/a OPMI. INC. Effective Date: 03/01/01 Expiration Date: 02/29/04 Contract Purpose/Description: Lease for approximately 1918 square feet of office space to house Court Programs' staff. starting 3/01/01. Adult and Juvenile Drug Court Program reauires adeauate restroom facilities. and meeting space for therapeutic grOUps. which are not available in the Upper Keys Government Center building. Other Court ProgramS have expanded to meet the needs of the county's population. and the increasing caseloads of the Courts in the Middle and Upper Keys. and personnel . . have been hired accordingly. Contract Manager: Theresa Westerfield ext. 3423 Court Administration For BOCC Meeting on 2/21/01 Agenda Deadline 2/07/01 CONTRACT COSTS Total Dollar Value of Contract: $88.925.19 Current Year Portion: $16.782.50 Budgeted? Yes X No _ Account Codes: _ -M.QQa- 53014Q- Grant: $ N/A -83001- 5304io _ _ County Match: $ N/A -92!'~ _~ . ADDITIONAL COSTS Estimated Ongoing Costs: $4.000.00/yr For: Utilities and Janitorial Services (not included in dollar value above) (eg. Maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW ~~ Changes ~ Date In Needed ,Reviewer Date Out Yes No ~ Division Director 02/06/01 .~.j 2-!QL ( ) (X) M anden Brook. Sr. Dep. Ct. Adm. Risk Manag~ ~~/~ ( ) (.{ a., Wc~ Q~~a'<-- 2-/~/ol --- ~/Pur . g d:-7lJ~ ( ) (~0~a6~ c2/L/f!j ~b'~ County Attorney 7--/I/~ ( ) :b.LZ../ 01 Coments: LEASE AGREEMENT State of Florida County of Monroe This Lease Agreement entered into this _ day of , 20----, by and between ROGER YOUNG d/b/a OPMI, INC., party of the first part hereinafter called the lessor and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, party ofthe second part hereinafter ealled the lessee. WITNESSETH: That the lessor for and in consideration of the covenants and agreements hereinafter mentioned to be kept and performed by the lessee has demised and leased to the lessee for the term and under the conditions hereinafter set out those certain premises in Islamorada, County of Monroe, Florida described as follows: LEASE LOCA nON # 130 Porto Salvo, Islamorada, Florida which shall constitute an aggregate area of 1918 +/- square feet and as further identified in Exhibit A (hereinafter, "premises"). II. RENTALS The lessor hereby leases to the lessee 1918 +/- square feet and the lessee hereby leases from the lessor the above described premises for the term set out in this lease. Lessee hereby agrees to pay the lessor the sum of twenty-eight thousand seven hundred seventy dollars and no cents ($28,770.00) annually, two thousand three hundred ninety-seven dollars and fifty cents ($2,397.50) per month. The lease amount agreed to herein will be increased annually by 3% over the prior years rental amount. Rent shall be due and payable on or before the last day of each month, in arrears. The rental shall be paid to the lessor and mailed to Roger Young, OPMI, Inc., P.O. Box 774, Tavernier, Florida 33070, prior to the last day of the month. III. TERM To have and to hold the above described premises for a tenn of three (3) years commencing on March I, 200 I upto and including February 29, 2004. IV. RENEWAL This agreement may be renewed at the option of the lessee for two (2) additional one (I) year period. This option shall be executed only upon approval of the Board of County Commissioners. V. AIR CONDITIONING AND JANITORIAL SERVICES I. The lessor agrees to furnish to the lessee air conditioning equipment to be used during normal business hours, and shall ensure that same is operational and functional during the time ofthis lease. Lessor shall be fully responsible for all maintenance, repairs and replacement for the alc system including all mechanical components and shall furnish Lessee a yearly supply of replacement filters. 2. The lessee shall provide janitorial services and all necessary janitorial supplies for the leased premises during the term of the lease at the expense of the lessee. VI. MAINTENANCE AND REPAIRS I. The lessee shall provide for interior maintenance and repairs in accordance with generally accepted good practices, including repainting, the replacement of WOOl or damaged floor covering and repairs or replacement of interior equipment as may be necessary due to normal usage. The lessee shall during the term of the lease keep the interior ofthe demised premises in as good a state of repair as it is at the time of the commencement of this lease reasonable wear and tear and unavoidable casualties excepted. 2. The lessor shall maintain and keep in repair the exterior ofthe demised premises during the term of this Lease and shall be responsible for the replacement of damages in the demised -premises, except such breakage of damage caused to the exterior of the demised premises by the lessee, its officers, agents or employees. 3. The lessor shall be responsible for maintaining the roof in leak free condition. 4. The lessor shall maintain the exterior of the demised premises so as to conform to all applieable health and safety laws, ordinances and codes which arc presently in effect and which may subsequently be enacted during the term of this lease and any renewal periods. 5. The lessor shall provide appropriate entranceways to the structure to accommodate space allocation for goveOlment entities occupying the space, inclusive of ingress and egress, at the expense of the lessor. 6. The lessor shall fully maintain all exterior grounds and designated parking area to include mowing raking, tree trimming, debris removal & power vacuuming. VII UTILITIES The lessee shall be fully responsible to pay telephone, electricity and water utility charges which may become payable during the tenn of the lease for telephone, electricity and water used by the lessee on the premises as independently metered. If the Lessee desires cable television service, the lessee agrees to arrange for and provide the service at the lessee's own expense. The lessor agrees to be fully responsible to provide ~nd pay all other utilities including solid waste. VIII CONDUCT OF BUSINESS TIle lessee covenants that the leased premises will not be used for any purpose that will cause any person or persons to congregate in the halls of the building of which the leased premises are a part, or which would cause noise to emanate from the leased premises which does or might reasonably disturb any adjoining tenants or persons using the halls of the said building, and the lessee further covenants that lessee will conduct its business within the leascd premises in a quiet, proper and orderly manner, and that any failure on the part of the lessee to so use the premises in the conduct of its business shall be considered as a violation of a material covenant of this lease. .. IX RULES AND REGULATIONS The lessee shall abide by all existing and established Rules and Regulations as set forth under this Lease Agreement. X ALTERATIONS TIle lessee shall have the right to make any alterations to the demised premises during the term ofthe lease upon first having obtained the written consent of the lessor. The lessor shall not capriciously withhold the consent to any such alterations. XI INJURY OR DAMAGE TO PROPERTY ON PREMISES All property of any kind that may be on the premises during the continuance of this lease shall be at the sole risk ofthe lessee and except for any negligence of the lessor, the lessor shall not be liable to the lessee or any other person for any injury, loss or damage to property or to any person on the premises. XII FIRE AND OTHER HAZARDS 1. In the event that the demised premises or the major part thereof arc destroyed by fire, lightening, storm or other casualty, the lessor at its option may forthwith repair the damage to such demised premises at its own cost and expense. The rental thereon shall cease until the compktion of such repairs and the lessor will immediately refund the pro rata part of any rentals paid in advance by the lessee prior to such destruction. Should the premises be only partly destroyed so that the major part thereof is usable by the lessee, then the rental shall abate to the extent that the injured or damaged part bears to the whole of such premises and such injury or damage shall be restored by the lessor as speedily as is practicable and upon the completion of such repairs, the full rental shall then continue the balance of the term. 2. The lcssor shall provide for fire protection during the term of this lease in accordance with the fire safety standards of the State and/or Monroe County Fire Marshal. The lessor shall be responsible for maintenance and repair of all fire protection equipment necessary to conform to the requirements of the State and/or Monroe County Fire Marshal. The lessor agrees that the demised premises shall be available for inspection by the State and/or County Fire Marshal, prior to occupancy by the lessee, and at any reasonable time thereafter. XlII EXPIRATION OF TERM At the expiration of the term, the lessee will peaceably yield up to the lessor the demised premises in good and tenantable repair. It is understood and agreed between the parties that the lessee shall have the right to remove from the premises all personal property of the lessee and all fixtures, machinery, equipment, appurtenances and appliances placed or installed on the premises by it, provided the lessee restores the premises to as good a state of repair as they were prior to the removal. XIV SUBLETTING AND ASSIGNMENT TIle lessee upon the obtaining of the written consent ofthe lessor, which consent shall not capriciously be withheld, shall have the right to sublet all or any part of the demised premises, or to assign all or any part of the demised premises. XV NOT CONSENT TO SUE The provisions, terms, or conditions of this lease shall not be construed as a consent of Monroe County to be sued because of said leasehold. XVI WAIVER OF DEFAULTS The wai ver by the lessor of any breach of this lease by the lessee shall not be construed as a wai ver of any subsequent breach of any duty or covenant imposed by this lease. XVII RIGHT OF LESSOR TO INSPECT The lessor at all reasonable times during regular business hours may enter into and upon the demised premises for the purpose of viewing the sanle, to read water and electric meter, and for the purpose of making any such repairs as they are required to make under the terms of this lease. Repairs shall be limited to non-business hours unless an emergency situation exists. XVIII BREACH OF COVENANT If the lessee shall neglect or fail to perform or observe any covenant herein contained, which on the lessee's part is to be performed and such default shall continue for a period of thirty days after receipt of written notice thereof from the lessor to the lessee then the lessor lawfully may, immediately or any time thereafter, and without further notice or demand enter into and upon the demised premises or any part thereof and repossess the same as of their fonner estate and expel the lessee and remove its effects forcefully if necessary, without being taken or deemed to be guilty of any manner of trespass and thereupon the demise shall terminate but without pr~judiee to any remedy which might otherwise be used by the lessor for arrears of rent or for any breach of the lessee's covenants herein contained. XIX ACKNOWLEDGEMENT OR ASSIGNMENT The lessce upon thc request of the lessor shall execute such acknowledgement or acknowledgments or any assignment or assignments of rentals and profits made by the lessor to any third person, firm or corporation, providcd that the lessor will not make such request unless required to do so by the Mortgage under a mortgage or mortgages, executed by the lessor. XX AVAILABILITY OF FUNDS Thc obligations ofthe lessee under this lease agreement are subject to the availability of funds lawfully appropriatcd annually for its purposes by the Monroe County Board of County Commissioners. XXI USE OF PREMISES TIle lessee will not make or suffer any unlawful, improper or offensivc use of the premises or any use of occupancy thcreof contrary to the Laws of the State of Florida or to sueh Ordinances of Monroe County now in effect or hereafter adopted, as may be applicable to the lessee. XXII INSURANCE The lessee shall procure and maintain at its expense and throughout the term of this lease the insurance or self-cnsure for all claims that the lessee can be held liable for under Section 768.28, Florida Statutes, and up to the maximum amount set forth in that statute. Notwithstanding anything to the contrary in this lease. Lessee waives all rights to recovery, claims or causes of action against the lessor and its, attorney-in-fact, agents, trustees, executors and personal representatives on account of any loss of damage which may occur to the premises, the building, the property or any improvements thereto or to any personal property of lessee to the extent such loss or damage is caused by a peril which is required to be insured against by lessee under this lease, regardless of the cause or origin (including negligence of lessor). Lessee covenants to the lessor that to the fullest extentpermittcd by law, no insurer of lessee shall hold any right of subrogation agai nst lessor. Lessee covenants to lessor that all policies of insurance maintained by lessee respecting property damage shall pernlit such waiver of subrogation, and lessee agrees to advise all of its insurers ofthe waiver and provide lessor with written evidence of such waiver. XXIII NOTICES All notices required to be served upon the lessor shall be served by certified mail, return receipt requested to Roger Young, OPMI, Inc., P.O. Box 774, Tavernier, Florida, 33070 and all notices required to be served upon the lessee shall be served by certified mail, return receipt requested to the Division of Public Works, Facilities Maintenance Department, 3583 S. Roosevelt Boulevard, Key West, FL 33040. XXIV RADON GAS NOTIFlCA nON Radon is a naturally occurring gas that when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings. Additional information regarding radon and radon testing may be obtained from your County Public Health Unit. XXV LEASE TERMINA nON This lease may be terminated by the lessee upon written ninety (90) days notice to the lessor that the lessee has obtained adequate office space in a governmental building, but in no ease shall lessee terminate the lease prior to March I, 2003, even if adequate office space in a governmental building becomes available before that date. XXVI ETHICS CLAUSE Lessor warrants that it has not employed retained or otherwise had act on its behalf any former County officcr or cmployee sub.iect to the prohibition of Section 2 of Ordinance No. 0 I 0-1990 or any County officer or employee in violation of Section 3 of ordinance No. 020-1990. For breach or violation of this provision the lessee may, in its discretion, deduct from the contract or purchase price or other wise recover the full amount of any fee, commission, percentage, gift or consideration paid to the former County officer or employee. XXVII AMERICAN WITH DISABILITIES ACT The lessor herein expressly agrees to maintain the subject premises in full compliance with the American Disabilities Act (ADA). Further, the lessor shall be liable for any cost on expenditure associated with said compliancc. XXVIII PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted vendor list following a conviction for public cntity crime may not submit a bid on a contract with a public entity for construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 F.S. for Category Two for a period of 36 months from the date of being placed on the convicted vendor list.(Category Two $10,000.00). XXIX DEFINITION OF TERMS I. The terms "lease" "lease agreement" or "agreement" shall be inclusive of each other and shall also include any renewals, extensions or modifications of this lease, 2. The term "lessor" and "lessee" shall include the successors and assigns for the parties hereto. 3. TIle singular shall include the plural and the plural shall include the singular whenever the context so requires or pemlits. XXX ADDITIONAL CONDITIONS No additional covenants or conditions form a part of this lcase IN WITNESS WHEREOF the parties hereto have hereunto executed this instrument for the purpose herein expressed the day and ycar above written. ORIGINAL SIGNATURES REQUIRED ON ALL COPIES Signed, Scaled and Delivered in the presence of: LESSOR By: Witness Title: Witness Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA Clerk By: