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Item C42BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 21, 2001 Bulk Item: Yes X No Division: Co unity Services Louis LaTorre Department: Social Services/Nutrition AGENDA ITEM WORDING: Approval to terminate Inter -Local Agreement (between Monroe County and the City of Key West) for County Use of Douglass Community Center, May 4, 1993, authorized by the Commission of the City of Key West Resolution No. 93-171, May 4, 1993 and Resolution No. 015-1993 of the Monroe County Board of County Commissioners; and, approval to authorize Monroe County to send written notice to the City of Key West, at least thirty (30) days prior to the termination, as specified in paragraph 2., Term and Termination of the Agreement. ITEM BACKGROUND: The Monroe County Social Services Department no longer needs lease of space authorized in the Agreement. PREVIOUS RELEVANT BOCC ACTION: Approval of May 4, 1993 Interlace Agreement for County Use of Douglass Community Center and Resolution No 93-171 approving and authorizing it. STAFF RECOMMENDATION: Approval TOTAL COST: $0.00 COST TO COUNTY: $0.00 REVENUE PRODUCING: YES NO X APPROVED BY: County Atty. OP BUDGETED: Yes X No AMT. PER MONTH Risk Management DIVISION DIRECTOR APPROVAL: James al DOCUMENTATION: Included: _ To Follow: _ Not Required: _ DISPOSITION: Agenda Item #: ' MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with:. CITY OF KEY WEST Effective Date: FEBRUARY 21, 2001 Expiration Date: N / A Contract Purpose/Description: TERMINATE AGREEMENT BETWEEN PrMONROE COUNTY AND THE CITY OF KEY WEST FOR COUNTY USE OF DOUGLASS CO1!?MUNITY CENTER. Contract Manager: / (Name) LOUIS LATORRE for BOCC meeting on 02 / 21-22 / 01 (Ext.) (Department) / Courier Stop 4572 SOCIAL SERVICES #1 ends Deadline: 02 / 07 / 01 CONTRACT COSTS Total Dollar Value of Contract: $ —0— Current Year Portion: $ —0— Budgeted? Yes❑ No ❑ Account Codes: - - - - Grant: $ , 0- - - - - County Match: $ -0- - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr `For: Mot included in dollar value above) (e . maintenance, utilities, janitorial. salaries. etc.) Q CONTRACT REVIEW Changes Date In Neede Division Director -Z f -2 j C, � Yes❑ N Risk Management 2-' =1 D 1 Yes❑ N A�B./Purung �/� ����' Yes❑ N Date Out County AttorneyYes❑ NoL /7-40/ rn /Z 1D/ I Comments: OMB Form Revised 12/ RESOLUTION -NO. 93-171 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF ATTACHED REVISED INTERLOCAL AGREEMENT BETWEEN THE CITY OF KEY WEST AND MONROE COUNTY CONCERNING USE OF DOUGLASS COMMUNITY CENTER; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED by the City Commission of the City of Key West, Florida as follows that the attached Revised Interlocal Agreement between the City of Key West and Monroe County is hereby approved. The City Manager is hereby authorized to execute said Agreement on behalf of the City of Key West, and the City Clerk is hereby authorized to attest to his signature and affix the Seal of the City thereto. This Resolution shall go into effect immediately upon its passage and adoption and authentication by the signatures of the presiding officer and the Clerk of the Commission. Passed and adopted by the City Commission at a meeting held this 4th day of May , 1993. DEN -Fr WARDLOW, MAYOR TTEST : �1r 'QSEP NE PARKER, CITY CL Monroe County Commission RESOLUTION NO 015 -1993 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ- ING THE MAYOR TO EXECUTE A REVISED INTERLOCAL AGREEMENT BETWEEN THE CITY OF KEY WEST AND MONROE COUNTY CONCERNING USE OF DOUGLASS COMMUNITY CENTER. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor is hereby authorized to execute a Revised Interlocal agreement between the City of Key West and Monroe County, a copy of same being attached hereto and made a part hereof concerning the relocation of the County Nutrition Program to the Douglass Community Center, 830 Emma Street, Key West, Florida.. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 2Oth day of January. 1993. Mayor London Mayor Pro Tem Cheal Commissioner Harvey Commissioner Freema Commissioner Reich (SEAL) Attest: DANNY KOLHAGE, Clerk viexecute n w = - ... r•, Yes - Ye s �' e NJ -Ye s �' —�- w BOARD OF COUNTY COMMT4gTr)MrDc, OF B) INTERLOCAL AGREEMENT FOR COUNTY USE Monroe County Res. No. 015-1993 Key West Res. No. 93-171 THIS INTERLOCAL AGREEMENT entered into this —4t-h day of May 1993, between the CITY OF KEY WEST, FLORIDA, whose address is 525 Angela Street, Key West, FL 33040 ("City"), and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, 500 Whitehead Street, Key West, FL 33040 (,,county,,). WHEREAS, City and County are authorized, pursuant to Sections 125.01(1)(p), 163.01 and 166.021 Florida Statutes, to enter into interlocal agreements to provide services and facil- ities; and WHEREAS, County has the power, pursuant to Section 125.01(1)(e), Florida Statutes, to provide health and welfare programs; and WHEREAS, County has determined that it is in the best interest of the County to relocate its Nutrition Program (Congre- gate Meals) Key West site to new facilities; and WHEREAS, City has available appropriate space at Douglass Community Center, 830 Emma Street, Key West, FL 33040; now, therefore, IN CONSIDERATION'of the mutual covenants below: _ 1. Purpose of Agreement The purpose of this agreement is to define the respective rights and obligations of City and County under this Agreement' relative to provision of premises at Douglass Community Center to be used and occupied by County for preparation and service of Nutrition Program (Congregate Meals) and activities related thereto. 2. Term and Termination The agreement shall begin the first day of December, 1992, and continue through such termination date as either party may elect, provided that the terminating party gives at least thirty (30) days written notice to the other party prior to the effective date of termination. This agreement may be terminated without cause and without right of recourse when thirty (30) days written notice has been properly given. 3. Premises City does lease unto County for the term above stated the premises known as Unit No. One of Douglass Community Center, 830 Emma Street, Key.West, FL 33040, space containing 1,435 square feet. 4. City Use of Space Let to County No compensation shall be paid by County to City as rent. City has the right to use premises after County's service hours (Monday through Fridays, 9:30 AM to 1:30 PM), and on certain holidays, pursuant to pre -arrangement between each party's designee for notice (See paragraph 14), for public meetings and City functions, in ex- change for the letting of premises. 5. Modifications and amendments Any and all modifications and amendments of this agreement shall be approved by the Board of County Commissioners for Monroe County and by the City Commis- sion for the City of Key West and in writing. No modification or amendment shall become effective until approved in writing by both parties. 6• Assignment County shall not assign this agreement, except in P writing and with the prior written approval of City, which approval shall be subject to such conditions and provisions 2 as City may deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions herein, unless expressly provided• otherwise in an amendment authorizing such assignment. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon either party in addition to the covenants and promises contained herein. 7. Fixtures All additions; fixtures, or improvements which may be made by County, except moveable furniture, equipment and appliances, shall become the property of City and remain upon the premises as a part thereof, and be surrendered with the premises at the termination of this lease. All moveable furni- ture, equipment and appliances installed or placed by County in premises shall remain the property of County and the County shall remain solely responsible for any loss or damage to such property except for loss or damage arising from negligence on the part of the City or its agents. 8. Legal Compliance Parties shall comply with all feder- al, state, and local statutes, ordinances, rules, orders, regu- lations and requirements related to the lease of premises under this agreement, and abatement of nuisances or other grievances in, upon or connected with said premises during the term of this agreement. County shall comply with all rules, orders and regulations of Southeastern Underwriters Association for prevention of fires with respect to its use of and placement of items on the premises at County's own costs and expense. County shall notify City promptly of any apparent structural defects which may violate rules, orders and regulations for prevention of 3 fires, which City shall correct"forthwith. 9. Destruction of Premises In the event that premises shall be destroyed or so damaged by fire or other casualty during• the life of this agreement, whereby the same shall be rendered untenantable for the purposes for which premises are leased, then either party may terminate this agreement, effective immediately, or both may renegotiate the terms of a new agreement or of an amendment hereto. 10. Termination for Cause Either party may terminate this agreement upon the material breach of covenants and conditions by the other party upon five (5) days written notice to the other party. A material breach is a violation that requires the non -violating party to contact law enforcement authorities or expend in excess of $1,000 in correcting in order to continue peaceful enjoyment of premises for permissible purposes. 11. Waiver Any waiver of any breach of covenants herein contained to be kept and performed by either party shall not be deemed as a continuing waiver and shall not operate to bar or prevent either party from declaring a forfeiture and termination for any succeeding breach either of the same conditions or covenants or otherwise. 12. Right of Entry City or any of its agents shall have the right to enter the premises during all reasonable hours, to examine the same, to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preserva- tion thereof or of said building, or to exhibit said premises and to put or keep upon the doors or windows thereof a notice "FOR RENT" at any time within thirty (30) days before the properly 4 noticed termination of this agreement. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions, which do not conform to this agreement, or to the rule and regulations of the building. 13. Condition of Premises .County hereby accept§• the:..• premises in the condition they are in at the beginning of this agreement and agrees to maintain said premises in the same condition, order and repair as they are at the commencement of said term, excepting only reasonable wear and tear arising from the use thereof under this agreement, and to make to good'to City immediately upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or appurtenances of said premises, or of the building, caused by any act or neglect Of County, or of any person or persons in the employ or under the control of County. Upon termination of the agreement, County shall remove all moveable furniture, equipment and appliances installed and return the sites of installation to their original condition at the beginning of the term of this agreement. 14. Water Damage City shall be liable for only such water damage as may be sustained by County through the carelessness, negligence, or improper conduct on the part of City or its employees, but shall not be liable for any damage or injury by water, which may be sustained by County or any other person resulting from the carelessness, negligence, or improper conduct on the part of County, its agents or employees. 15. Notice and Keys Any written notice required under this agreement shall be made by each party to the other as follows: 5 equipment, furniture and appliances installed or placed b respective art Y each party, except as otherwise agreed herein, and maintain a current inventory of same. 18. Maintenance and Repair City shall maintain the prem- ises, including the walls and roof thereof, and fixed equipment, and repair such breakage, damage or wear and tear as is cause City's use of premises. Should any of County's ro d by property damaged by City' s use to be beyond serviceable repair rty be so pair or stolen during, or due to, City's use or negligence, City shall replace h property. P � P Pert y. Each party shall allow normal wear and tear of its property by the other party's use thereof. 19. Alterations by County County agrees that it will m ake no alterations to the building without prior written ion permission from City. County agrees to follow all City permitting and building codes. 20. Custodial and security services City shall be respon- sible for custodial services and security of the premises at all times, except for clean-up of food preparation and service activities by County. 21. Limitation to use The premises may be used by County only for the purposes of its Nutrition Program (Congregate Meals) and related services provided by County. City may use the premises only for the purposes of public meetings and Cit functions, Y Premises may not be used as a residence, nor for any living, sleeping, and/or residing overnight. 22. Utilities The costs of utilities shall be paid by the City, except any ,costs associated with the installation of any 7 special equipment needed by the County or telephones for County use. 23. Garbage and refuse County shall be responsible for. disposing of garbage and refuse at Unit No. One of Douglas .Community Center. s 24•. City license County shall obtain, if nee Special Exception to HP-3 Zoning issued b the C• needed, valid y City of Key West. If such Special Exception is not granted by the City prior to the beginning date of this agreement, said agreement is•null and d 25. Mail County shall be responsible for providing its own mailbox to be located in the designated area in front of the Douglass Community Center if mail service is desired to premises IN WITNESS WHEREOF the parties hereto have hereunto executed this instrument for the purposes herein expressed the day and year above written. (SEAL) ATTEST; DANNY KOLHAGE, Clerk By eputy A E:l coniidouglass BOARD OF COUNTY COMMISSIONERS OF MO COUNTY, FLORIDA By ayor airman CITY OF KEY WEST By 47ty anager .. APPROVW As ro. By /' W •