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Item C16 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 18. 19.2001 Division: Public Works Bulk Item: Y es ~ No Department: Facilities Maintenance AGENDA ITEM WORDING: Approval to renew lease agreement with the Botanical Garden Society to provide office space for this non-profit organization, in the amount of $100.00 per month for utility consumption. ITEM BACKGROUND: On august 10, 2001, the current lease for office space with the Botanical Garden Society will expire. In accordance with Article 1 of the original agreement, the Botanical Garden Society would like to exercise their final option to renew the Agreement for one (1) additional year. PREVIOUS REVELANT BOCC ACTION: On August 11, 1999, the BOCC granted approval to enter into a lease agreement with the Botanical Garden Society in the amount of $100.00 per month for utilities consumption. On February 16, 2000, BOCC rejected to rescind the previous approval of August 11, 1999, asking if the Botanical Garden Society provide $100.00 in-kind services per month in lieu of payment. On July 26, 2000, the BOCC approved to exercise its first of two options to renew the lease agreement with the Botanical Garden Society for one additional year. CONTRACT/AGREEMENT CHANGES: Exercise final option to renew lease agreement for one additional year. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: N/A BUDGETED: Yes N/ A No COST TO COUNTY: N/A REVENUE PRODUCING: Yes --X.. No AMOUNT PER MONTH $lOO.OOYear1.L2QQ.Oo APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management - . eys Operations ITEM PREPARED BY: Dent Pierce, Director of Public Works DOCUMENTATION: Included X To Follow Not Required_ DISPosmON: AGENDA ITEM # / .",~ ~~ Revised 2/27/01 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Botanical Garden Society Contract # Effective Date: 08/11/01 Expiration Date: 08/10/02 Contract Purpose/Description: Provide office space the this non-profit organization in the amount of$100.00 per month for utilitv consumntion. Contract Manager: Ann Mytnik 4431 Facilities Maintenance/#4 (Name) (Ext. ) (Department/Stop #) . for BOCC meeting on 07/18/01 Agenda Deadline: 07/03/01 CONTRACT COSTS Total Dollar Value of Contract: $ N/A Budgeted? YesO No 0 Grant: $ N/A County Match: $ N/ A Account Codes: Current Year Portion: $ Revenue Producing - - - ---- - - - ---- - - - ---- - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $N/ Nyr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Q Date Out Date In Needed I ~vi~ Division Director 7/J 10 I YesD N00 (; / JP---..- 7/3/0/ Risk Manag~ment Co \ :J.. ?;\ 0\ YesO Noif (A, U~r ~"'" ~ingbJ8.0IYeSONocgl ~ tl~ County Attorney ~/J.-~I YesD No Comments: ~\ - c ~~ O.MB Form Revised 2/27/01 MCP #2 RENEWAL AGREEMENT (The Botanical Garden Society) THIS Renewal is made and entered into this 18th day of July, 2001, between the COUNTY OF MONROE and the BOTANICAL GARDEN SOCIETY in order to renew the agreement between the parties dated August 11, 1999, and renewed July 26, 2000 (copies of which are incorporated hereto be reference); as follows: 1. In accordance with Article 1 of the original agreement, the COUNTY exercises its final option to renew the 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 11,2001, and terminate on August 10, 2002. 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 By: President RENEW AL 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 I of the original agreement, the COUNTY exercises its option to renew the Agreement. The renewal term shall be for one (I) year. The COUNTY may exercise an option to extend this agreement for one (I) 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, 200 I. 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. I n all other respects, the original agrcemcnt bctween the parties dated August II, 1999 remains in full force and effect. ITNESS WHEREOF, the pmties have hereunto set their hands and seal, the day and t written above. Y L KOLHAGE, CLERK "/~~D.' ~ / BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA o5'i - ,'1... ::f;ve.-.a..... By: ~ B ROBERT N. \^f. r DATE r - ( -(9(j> BOTANICAL GARDEN SOCIETY BY~~ President ~ "e Q, ~~ fLGREEMENT . THIS AGREEMENT, made this 11lh day Of August, 1999, by and between the Board Of County Commissioners of Monroe County, Florida (hereinafter referred 10 as BOCC) and BotaniCal Garden Society (hereinafter referred to as The Society), a not-for-profit corporation incorporated in tile State of Flonda, WHEREAS, theBOCC has approved for the Administrator to make limited, temporary Office space available to nonprofit organizations serving tile County community on the condition tllatthe organizalions are responsible for their OWn cleaning, telephone and similar costs and provide a reasonable payment to the County for the cost of electncity; and ~ WHEREAS, tile Botanical Garden SOclefy mallltalns hundreds of Records, pictures, and history of the Gardens that was started in 1939; and WHEREAS, Ihe GOCC Ilas delerrnll'ed IIlal " " III Ihe best Interests 01 Monroe County to enter Into thiS aDleemcnl, NOW, THEREFORE, tor and in consldelation 01 the mutual covenants contained herein, the parties agree as follows: 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 wrillen notice to the SOCiety at least sixty days prior to the expiration date, BOCC may exercise an option to extend this agreement for two (2) additional years under the same terms and condilions. The Society hereby agrees to pay the GOCC the sum of $100.00 per month lor the utility consumption and upkeep costs, 2. SCQ[le 01 Services. The Society sl'all proVide the program development, and sponsorship necessary to accomplish with'n Monroe County the goals and purposes set forth by the Society In Its leller dated Apnl 24, 1999, allached hereto as Exhibit A Tile Society shall install its OWn telephones, supply lis own office .Iurnilure and equipment, and provide 101 its own janitorial service 3. GOCC Responsibilitv The GOCC sllall di. ect Its Adm.nlstrator, Department Heads, County Allorney and staff to prOvide certa.n facilities and support to the Society as can be provided without reqUiring an increase in personnel or any purchase or lease of reaf property The GOCC sllall provide to the Society, within tile aforementioned Irmitation, as well as all rules applrcable to County, the follOWing' a) One existing office, in as is condition, located In the PubliC SCIVIC(~ Building, ~)1 00 COII(?~W I~()ad. Slock Island, I\cy VVC?st, F lortda -1 1~(?Cord:; Acc(':',~; and Audris Tile SOCiety shall mall1talll ad~quate dl1(j complete reco.ds lor a p"r";dOI tou'-;;;,;;;;,-~i-t";-"d;;-'I;I"'.on 01 any event or program The l30ce Sl1all have access to thc books, recor(l~'.. and documents 01 the Society Tile access to and Inspection of such books, records <:In<1 documents by the 80CC shall Occur at any reasonable timc 5 !3~L<l_\~C)ll,:!J)IP9L.!.~;~,r,'-!~..:~ The SOCiety IS. and sl1all l)c, In tl1e perfollnance 01 all works, scrvlu>.:) and actiVities undcr 11'1;:; Agreement, an indcpelldenl contractor and nol an employee, agent or sel V:Jnl of 1I1(~ BOCC TI1e Society sl'lall exerCise contlol, direction, and Supelvl:';lon over 1I1e "".,ans. on'.Inn,,, P""o",",,>1 an" vOluntee,s Ihrough wh,ell ,t perto,ms "'e worl< AIlhougll this AD","n ""11 '" a e,)()p,,,,,,,",, agreeonenl. "in lit", in O"'ny 'especls ("ut not all) to " P,II tn", ship, II1e . . .. .._. - ,,- "U",omy wnatsaever \0 act on behalf and/or as agent for the BOCC in prorr.ise, egreemenl. or represenlatian alhenhan specifically provided for in this Agreemenl ~~~ . aocc shall at no time be legally responsible for any negligence on the Part Of the Saclely, its employees, agents or volunteers resulllng in eithe, bOdily or personal inj",)' or property damage to any individual, property or corporation. '-.-~..' . 6. . MOdification. Additions to, mOdificalion to, or deletions from the Provision of this contract may be made only in writing and executed by tile BOCC. No modification shall beCome effective without written approval of both parties. 7. Breach and Penalties The parties agree to full penormance of the covenants contained in this contract. Both parlies reserve the right, at the discrelion of each, to terminate the services in this Contract for any miSfeasance, malfeasance or nonpenormance of the confractterms or negligent penormance of tile Contract terms by the other party. Any waiver of any breach of covenanls herein conlained shall nol be deemed 10 be a continuing waiver and shall nol operate to bar either party from declarong a forfe,lure fo, any Succeeding breach eilher of Ihe same Condit,ons or covenanls or otherwise 8. Insurance Requ"ements. The Sociely shall carry, dunng the term of this agreement, public liability insurance, inclUding bodily injury and property loss damage to caver all claims, demands or aclions by any person or enlity In any way arising from tile operalion of the Agreement. Such liability insurance shall meet the requirements of the Insurance Requirement Allachmenls 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 insurance carried by the BOCC. The Society shall furnish the Counly with a certificate evidencing the insurance required by this paragraph at the time of executing this Agreement. 9. Indemnificalion and Hold Harmless. The Society sllall indemnify and Ilold harmless the BOCC, tlleir departments, ag;;;jcies, officials, employees. agents, servants and contractors agalnsl any claims, liabilities and expenses (including reasonable altorney's fees) arising as a resull of any direct and/or ind"ect action of the Society, its employees, agents, servants, volunteers and/or contractors In the penonoance 01 the terms of tllis agreement or otherwise related to activity conducted in Ihe furtllerance of Ihis agreement except to the extenl thai, in tile case of any act 01 negligence, tile Sociely reasonably relied upon male rial or services supplied by the BOCC or any employee of the BOCC. The Society shall immediately give notice 10 tile BOCC of any suit, claim or action made against itlhat is related 10 any actiVity under this Agreement and will cooperate with the BOCC in 1I1e invesligalion arising as a result of any suit, ctaim or action relaled to this Agreement 1 O. !'''Lm ItS. Tile Sociel y shall secure all required permits and/or licenses n eces sa ry to carry out any of the services rendered under this Agreement. 11 .l <Jvv~_ ;l(-)-g-B_~~g~!~~li~)n~ a)IIW. Aweemenl shall be construed by and gOverned undel 1I1e laws ollhe Slale 01 llo"da u"'ess III an alea of law ple-empled by federal law The Society agrees for vellue of any eilspule to lie in Monroe COunly. Florida b) The Sociely shall Comply with all federal, stale alld local laws and oldlnances applicable 10 Ihe Walk 01 paymenl fa/ Wall, Ihereot, and shall not discriminale on tile glounds of Idee. COIOI, 'ellg'on, sex. age 01 nallonal olig,n in Ihe perto,mance of work under Ihls Agleemenl \,0. 2 , -, . '''J "~'~uun Ot said statutes, Ordinances, rules, regutaUons and execuUve orde shall constitute a matenal breach of Ihls Agreement and shall entille the soee to terminate lh~ ,Agreement immediately upon delivery of WOllen notice to the Society. s .12, Taxes. The SOCC is exempt from Federal, Excise and State of Florida Sales Tax, 13. Finance Charces. The SOCC will not be responsible for any finance charges, 14. Severabilily If any provision 01 thiS conlract shall be heid by a court of competenl Junsdicllon to be invalid or unenforceable, Ihe remainder of this contract, or the applicallon of Such provision other than tllose as to which it is invalid or unenforceable, shall not be affected thereby; and each ProVision of Ihis contract shall be 'valid and enlarceable to Ihe fullest exlent permitted by law. 15 force Maieure The SaClely sllall not be lIable for delay In performance or failure to perf 01 III In whol e or i 0 po rt, the servIces d lie to th e OeCllr Ie 0 ce 01 any con lingene y beyon d its co nlr 01 or tile control 01 any 01 Its sllb.contraclors 01 SlIpplrclS, Ineluding labor dISpute, stnke, labor Shortage; war a, acl 01 war, whelher an actual dectaratian theleal is made or not, insurreclian, sabotage, riol or clvif comlllallon. act of public enemy, epidemic, quaranllne reslricllan, accidenl, fire, explosion, storm, flood, drought or other act 01 God, act of any governmental authorily, jurrsdictional action, or insufficient suppty of fuel, electricity, or materials or supplies, or technical failure where the Society has exercised reasonable care in the prevention tllereof, and any such delay or failure shall not constitute a breach of the Agreement. The Society shall notify the SOCC of any delay or failure to perform within five (5) days of Such action, Upon demand of the SOCC, the Society must furnish evidence of the causes of such delay or failure. 16. Assiqnmenl. The Society shall not assign, transfer, sublease, pledge, hypothecate, surrender, or olherwise encumber or dispose 01 thIS cantracl or any estate created by this conlract or any inlerest in any Portion of the same, or permit any other person or persons, Company or corporation to perfolm services under tllis contlact without first obtainIng the Wlltlen consent of tile 80CC. In Ihe event 01 such cansenl, thiS agreement shall be binding upon [he Sociely's successors and ?ssigns. 17. Olscla sure. The Saciel y s hall be req u ired to Ii st an y or all po te n lial conflicts 01 interest, as de lined by Florida Slalutes Chapler 112, Part III and the Monroe Counly Elhics Ordinance. The Society shall disclose 10 Ihe 80CC all actual or proposed canllicts 01 in teresI, financiat or otherwise, direcl or indirecl, inVOlving any clienl's interesl which may constitute a conflicl under said laws. 18. Additional Condilions. The Society agrees 10 accepl addilianal conditions governing Ihe Use of lunds or performance 01 work as may be required by federal, state or local slatute, ordinance 0' 'egutal"", 01 by other policy adopled by Ille 80CC Such addillonat candillans shnll nol beCOllle elleehv" until the SOClely has been nOIII,ed '" wrrting and no such add,lional conditions shall Iw imposed retroactively 19. . In de ne nd,,-n I Prof e s"lC>ll?L J u dSI!!l!'D.l Th e S aCle I Y shall al all lun es exercise u1dependenl IlJolesSlanal Judgmenl and shall assume fllll responsibility for Ihe serYrce 10 be provided and work to be completed. 20 8!r.Q._c>U'ranertv. The Society shall be respons,ble to Ihe IJOCC lor Ihe safekeeping and propel use 01 Ihe property enlrusted to tile Society's cale, and 10 process all documenls necesS<HY 10 continue, withaul intemlpt,ons, any maintenance 01 serv,ce cOlllracb relallng to SUell :~ ., . .~.; . .. ..- ..,....., iii". 1 he SOciety shall provide seMoos MOnday lhrough Friday, 8:00 II _ . 5:00 p.m., and shall ensure Ihal their patrons do not loiter Or congregate on lhe PUblic Se~" . , Building property. Ce .21.. f;thics Clause. The Society warrants Ihal it has not employed, relained or olhelWise had acl on lis behalf any lormer County ortlcer Or employee subject to the prohibition 01 Seclion 2 01 Ordinance No. 010-1990 Or any BOCC orticer Or empioyee in viola lion 01 Section 3 01 Ordinance No. 010-1990. For breach Or violation o( Ihis provision, Ihe County may, in its discretion, terminale this contract wilhout liability and may also, in its discretion, deduct from the Contract Or purchase price, Or Ollle"",se recover, the (ull amount of any (ee, commission, percentage, gift or consideration paid to the former the Society Or BOCC officer or employee t 22. ~otic!t Any nolice required or permilled under IhlsAgreemenl shall be in writing and hand. delivered or mailed, POslage prepaid, by certified mali, return receipl requested, 10 the other par1y as follows: T()_JtL~_ S~cjett: I<:ey West Botanical Garden SOCIety P.O_ Box 2436 Key \fVest, FL 33045 LCLC;oun~ Monroe County Facililies Mal!llQnance 3583 S. Roosevelt Boulevard Key West, FL 33040 23. !grminalion. Termination of Ihis Agreement shall OCCUr at the natural'endin9 date, or earfier should eilher party delermine that there has OCCurred any material breach of any covenants Ilerein COntained, or either party olherwise deems il in their besl inlerest to tenninate. Termination may be with or without cause, and shall require wrillen notice to be given 10 the other pany as follows: a) In Ihe event either party lerminates for breach of contract, terrnHlalion shall be elfective at Such time as Ole termlnatlllg pany shall declare In its act 10 terminale for cause, with a minimum of fourteen days nOlice in Wriling required prior to effeclive lerminalion. b) In Ihe event either pany termlllates without cause, the lermination shall nOI take effecl unlil at least sixty days Subsequenllo wlitlen nolicc to IIle other party, and Ihe effeclive d;Jle of termination shall be speCIfied in said notice. 24. full Aareement. ThiS Agreement consWutes the enlire and full understanding between Ihe panies hereto and neither party shall be bound by any repreSentalions. statements, promises or agreements not expreSSly set forth herein and in duly executed amendments under paragraph 6 hereof. -1 -- "~ WIINESS WHEREOF, the parties have executed this agreement the day and Year first' above "1!1.t~~Oi-.- . \'~"'...' .":; ....~., ~. . ,. ...' . . ..' ." . (8fi;O;(1 '." /: >:. \ A~e~:~)?~'NNY ~'1<\j'LHAGE, Clerk rg;~1 \ ". . ....... ", '. "-' ".,' .. " .-.... f) .c..... (SEAL) AllesL By _________._____.._____...__._ _________ Tille , APPROVED AS TO FORM ~l D-trQ~t SUffICI' .' . BY ~. '\.. C? 'SI)ZI. l-JI'lE A ~A:?~ DAle ~:lf~ .I " BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BYCS1j~-F~ Mayor/Chairman BOT AN/CAL GARDEN SOCIETY ~'nd //~. /g~~ . By ~,U/t/ --'--------- Tille .~.utir:r _ j-/h~OO 1Zi3Sprrv ~)