Item C06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 16. 2002
Division:
Public Works
Bulk: Item: Yes X
No
Department:
Facilities Maintenance
AGENDA ITEM WORDING: Approval to extend the Agreement with Big Pine Athletic Association
to manage the Blue Heron Park in Big Pine Key for an additional three (3) years,
ITEM BACKGROUND: On January 18, 2003, the above-referenced Agreement will expire. Big Pine
Athletic Association has submitted its intent to extend the Agreement for an additional period of three
(3) years with the agreement to pay the County One Dollar ($1,00) per year,
PREVIOUS RELEVANT BOCC ACTION: At their January 19, 2000, meeting, the Board of
County Commissioners entered into a three (3) year Agreement with the option to extend a three (3)
year renewal with Big Pine Athletic Association to manage the Blue Heron Park in Big Pine Key,
CONTRACT/AGREEMENT CHANGES: Extending Agreement for an additional three (3) year
term commencing January 19,2003,
STAFF RECOMMENDATIONS:,Approval as stated above,
TOTAL COST: N/A
BUDGETED: Yes
No
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes 1L- No
AMOUNT PER YEAR $1,00
APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management _
ITEM PREPARED BY:~ t ~,L .
J W. King, Sr. D~wer/~es .
DIVISION DIRECTOR APPROVAL: ~~
Dent Pierce, Director of Public Works
DOCUMENTATION:
Included
x
To Follow
Not Required_
AGENDA ITEM # ~?
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACTSU~ARY
Contract with: Big Pine Athletic Assn, Contract #
Effective Date: 01/19/03
Expiration Date: 01/18/06
Contract Purpose/Description:
Renewal Agreement to extend three (3) years at Blue Heron Park, Big Pine Key,
Contract Manager: Miguel Carbonell 4385 Parks &Rec./ Stop #4
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 10/16/02 Agenda Deadline: 10/02/02
CONTRACT COSTS
Total Dollar Value of Contract: $
1.00
Income
Account Codes:
Current Year Portion: $ 1,00
Budgeted? YesO No 0
Grant: $ N/A
County Match: $ N/ A
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc,)
CONTRACT REVIEW
Changes
Date In Needed
Division Director q( -;ollJ0eSO NoD
Risk Management q,~ YesO N.PB .-
O,M,B./Purchasing c;iJO/aJiesO No~ ~
County Attorney 9 /~ '110 2YesD No!iY" ~~
Date Out
Comments:
OMB Form Revised 2/27/01 Mep #2
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RENEWAL AGREEMENT
(Big Pine Athletic Association)
TI-llS RENEWAL AGREEMENT is made and entered into this 16th day of October,
2002, between the COUNTY OF MONROE and BIG PINE ATHLETIC ASSOCIATION, a
nonprofit corporation existing under the laws of the State of Florida, hereinafter BP AA, in order
to renew the Agreement between the parties dated January 19, 2000, (a copy of which is
incorporated hereto by reference); as follows:
1. In accordance with Article 3 of the January 19, 2000 original Agreement, the County
exercises the option to renew the Agreement for an additional three (3) year period,
2, The term of the renewed Agreement will commence on January 19,2003, and terminate
January 18, 2006,
3, Rental remains during the term of this renewed lease the sum of One Dollar ($1.00) per
year, to be paid on or before the anniversary date of each year for the term of this
agreement,
4, In all other respects, the January 19, 2000 original Agreement between the parties
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,
Attest: Danny L. Kolhage, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Witness:
BIG PINE ATHLETIC ASSOCIATION
Witness:
By:
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AGREEMENT
ThiS agreement is made and entered into this fL day ofJ1nI1/)~ ?./Yt),
by and between MONROE COUNTY, flORIDA, a political SUbdivision of th 'State of
Florida, hereinafter COUNTY, and BIG PINE ATHLETIC ASSOCIATION, a nonprofit
corporation eXisting under the laws of the State of Florida, hereinafter BPAA.
WITNESSETH:
WHEREAS, aPM is a not-for-profit corporation established for the provision of
activities for the wholesome development of youths' personal, social, phySical,
emotional and spiritual growth; and
WHEREAS, BPM provides such activIties in a wholesome, alcohol-free and drug-
free environment for young people in Monroe County; and
WHEREAS, it is a legitimate public purpose to provide facilities and services for
recreational use and social functions of the community in a wholesome environment
free from drugs and alcohol;
NOW, THEREFORE, in consideration of the covenants hereinafter to be kept and
performed, the COUNTY hereby leases unto aPM that certain property described as
follows:
1. PREMISES,
Tracts OW and EJ, PINE KEY ACRES, Big Pine Key, Florida, as recorded in Official
Records Book 509, at page 1047 of the Public Records of Monroe County,
Florida, LESS the Southerly Twenty-five (25) feet of Tract DW and EJ PINE KEY
ACRES, Big Pine Key, Florida, as recorded in Official Records Book 509, at Page
1047, of the Public Records of Monroe County, Florida; also referred to as the
Blue Heron Building.
2J TEI3..M. The term of this agreement shall be for three (3) years, commencing
rt1V,lq~ ~ ,and shall be terminated after said period, unless extended
pursuant to the terms of this agreement.
3. EXTENSIONS, ThiS agreement may be extended for additional penod of three
(3) years if BPAA provides to the COUNTY written notification of BPAA's intent to extend
the agreem.ent at least thirty (30) days prior to the expiration of the agreement, Such
extension IS not available, however, If the COUNTY has provided to BPAA written
notification of Its intent not to consent to an extension at least sixty (60) days prior to
the expiration date of this agreement. :
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4, RENTAL. aPM agrees to pay to the COUNTY, as rent for saId property
during the term of this lease, the sum of One Dollar ($1.00) per year, to be paid on or
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before the anniversary date of each year for the term of this agreement, Or any
extensions thereof.
5. PAYMENT OF RENT, The rent shall be paid as specified above, and in the event
that any installment shall remain unpaid for a period of thirty days after the same shall
have become due and payable, the COUNTY may, at its option, consider BPAA a tenant
at sufferance, and may Immediately enter upon said premises and take possession
thereof. In such event, or in the event of any other default by BPAA under the terms
and conditIons of this agreement which shall continue for a period of thirty days from
the time of notice to BPAA of such default, shall also entitle the COUNTY to the same
remedy,
6, USE OF PREMISES,
a,) The premises described in paragraph I, above, shall be actively used as
youth center for the Big Pine Key area. The COUNTY hereby enters into this
agreement with BPAA to supervise and operate said youth center, BPAA
shall at all times be responsible for assuring that the operation of the center
does not create a nuisance or become used for any illegal or immoral
purposes, including allowing any alcoholic beverages or unlawful narcotIcs to
be JX)ssessed, used or consumed by persons on the premises or allowing
persons under the influence of alcohol or unlawful narcotics to enter the
premises, and that the center complies with any applicable federal, state and
county laws, statutes and ordinances.
b.) The premises must be made available for use by other non-profit
organizations, subject to scheduling and reasonable restrictions on use that
the BPM deems necessary to assure that the premises are primarily used as
a youth center and that no immoral or illegal activity takes place on the
premises, However, If the BPAA and a non-profit group are unable to agree
on the scheduling or'restrictions on use, then a final decision on the group's
use of the premises will be made by the County Administrator.
], IMPROVEMENTS. The COUNTY may remodel, renovate, or reconstruct any
buildings, structures or additions existing on the premises,
8, CANCELLATION, Either party hereto may cancel this agreement With or
without cause by giving the other party sixty (60) days written notice sent by certified
mail of its intentions to do so.
9, REJURN OF PREMISES. At the end of the term of this agreement or any
, extensio:ls thereof, BPAA shall vacate and peacefully surrender the premises to the
COUNn. BPAA shall not suffer or permit any waste to occur to the premises dunng the
term of :hls agreement. ::
10. I \JDEPENDENT CONTRACTOR, At all times and for all purposes hereunder,
the BPA1\ is an independent contractor and not an employee of the Monroe County
Board of County Commissioners, No statement contained in this agreement shall be
construed so as to find BPAA or any of its employees, contractors, servants or agents to
be employees of the Board of County Commissioners.
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construed so as to find BPAA Or any of its employees, contractors, servants or agents to
be employees of the Board of County Commissioners.
11. ':OSTS, The COUNTY will be responsible for all costs associated with the
premiSE'S under this agreement regarding maintenance of the building and
iml)rov€:ments thereto, BPAA will be responsible for all costs associated with utilities
an.1 solid waste in connection with the premises leased hereunder.
12. INDEMNIFICATION AND HOLD HARMLESS. BPAA covenants and agrees to
indemnify and hOld harmless Monroe County Board of County Commissioners from any
and all ,:Ialms for bodily injury (including death), personal, injury, and property damage
(includillg property owned by Monroe County) and any other losses, damages, and
expenSt s (including attorney's fees) which arise out of, in connection with, or by reason
of BPM utilizing the property governed by this agreement.
The ext(~nt of liability IS in no way limited to, reduced, or lessened by the insurance
requirer nents contained elsewhere within this agreement.
13, INSURANCE
BPAA, at its own expense, shall continue to supply insurance as specified by Monroe
County Risk Management.
BPAA will not be permitted to occupy or use the property until satisfactory evidence of
the reqUIred insurance has been furnIshed to the County.
BPAA shall maintain the required insurance throughout the entire term of this
agreement and any extension speCified by Monroe County Risk Management. Failure to
comply with this prOVIsion may.result in the immediate termination of the agreement
and the return of all property owned by the county.
BPAA shall provide, to the COUNTY, as satisfactory eVidence of the required insurance,
either a certificate of insurance or a certified copy of the actual insurance policy,
The COUNTY, at its sole option, has the right to request a certified copy of any or all
Insurance lJolicles required by the contract.
All insurance poliCIes must specify that they are not subject to cancellation, non-
renewal, 'material Change, or reduction in coverage unless a minimum of thirty (30)
days pnrJr notification is given to the County by the insurer,
The acceptance and/or approval of BPAA~ insurance shall not be construed as relieving
BPAA from any liability or obligation aSSumed under this agreement or imposed by law.
The Monroe County Board of County Commissioners will be included as "Additiorial
Insured" on all poliCIes, They will also be named as "Loss Payee" With respect to Fire
Lcgul ExPOsure,
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Any dE /lations from these General Insurance Requirements must be requested In
writing on the County prepared form entitled "Request for Waiver of Insurance
Requirements" and approved by Monroe County Risk Management.
14. COMPLIANCE WITH LAW, In providing all services pursuant to this
agreement, BPAA shall abide by all statutes, ordinances, and rules and regulations
pertaining to or regulating the provisions of such services, including those in effect and
those hereinafter adopted. Anything in paragraph five (5) to the contrary
notwithstanding, any violation of said statutes, ordinances or rules and regulations shall
constitute a material breach of this agreement and shall entitle the COUNTY to
terminate this agreement immediately upon delivery of written notice of termination to
BPAA, and the COUNTY may thereupon re-enter the premises.
15. PROFESSIONAL RESPONSIBILITY AND UCENSING, BPAA shall aSsure
that aii professionals have current and appropriate professional licenses and
profess/onalliability insurance coverage.
16. /10DIFlCATIONS AND AMENDMENTS, Any and all modifications to this
agreemf ~nt or to any of the services proVided shall require an amendment to this
a9reem/~nt to be approved in writing by both parties hereto,
17. r;o ASSIGNMENT. BPM shall not assIgn this agreement or sublease the
premise:~ except in writing and with the prior written approval of the Board of County
Cornmls::'ioners, which approval shall be subject to such conditions and provisions as the
Board may deem necessary. This agreement shall be incorporated by reference into
any aSSI,]nment and any assignee shall comply WIth all of the provisions herein, Unless
express;; providec;1 for therein, such approval shall in no matter or event be deemed to
impose ,Iny additional obligation .upon the COUNTY.
18. NON-DISCRIMINATION. BPAA shall not discriminate against any person on
the basis of race, creed, color, national origin, sex or sexual orientation, age, physical
handicap, or any other characteristic or aspect which is not job-related in Its recruiting,
hiring, promoting, termmating or any other area affecting employment under this
agreement. Additionally, BPAA shall not discnminate against any person on the basis of
race, creed, color, national origin, sex or sexual orientation, age, physical handicap,
finandal status. or any other characteristic or aspect in regard to providing services
hereunder.
19, AuiHORIZED SIGNATORY. The signatory for BPAA, below, certifies and
warran~ that:
(d) BPAA's name in this agreement is its full name as designated in its
Corporate charter, if a corPoration, or the full name under which BPM is
authorized to do business in the State of FlOrida;
(b) He or she is empOwered to act and contract for BPAA;
(c:) ThIS agreement shall be approved by the Board of Directors of BPAA,if
BPAA is a corporation.
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20. NOTICE. Any notice required or permItted under this agreement shall be In
writing and hand-delivered or maIled, postage pre-paid, by certified mail, return receipt
requested, to the other party as follows:
FOR COUNTY
lv1onroe County Public Works
Facilities Maintenance Department
)583 S. Roosevelt Boulevard
I<ey West, FL 33040
FOR BPAA
Big Pine Athletic Association
Post Office Box 89
Big Pine Key, Florida 33043
21. CONSENT TO JURISDICTION, This agreement shall be construed by and
governed under the laws of the State of Florida and venue for any action arising under
this agreement shall be in Monroe County, Florida.
22. NON-WAIVER, Any waiver or any breach of covenants herein contained to
be kept and performed by BPAA shall not be deemed or considered as a continuing
waiver and shall not operate to bar or prevent the COUNTY from declaring a forfeiture
for any ~ucceeding breach, either of the same condition or covenants or otherwise.
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BY:~)~C.
[leputy Clerk
Wltness(~s:
BY:--.)~_ ~
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By: &-. l! 02tq
Candice Starkey
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l1IW.:Jd MNnO:::l 30~NOW
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: cS'Lkp-F~
Mayor/Chairnt3n
By:
HLETIC ASSOCIATION
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Big Pine
Athletic
Association
P,O, Box 430089
Big Pine Key, FL 33043
Phone: 305-872-0292
Fax: 305-872-7049
Email: BPKPark@aol.
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The BPAA is a
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September 10, 2002
Dent Pierce, Director
Monroe County Public Works
110 Simonton Street, Room 2-231
Key West, FL 33040
Dear Mr, Pierce:
Please accept this letter as written notification that the Big Pine AtWetic Asso-
ciation will be extending the agreement, dated January 19, 2000, with the
Monroe County to lease Blue Heron Park. It is our understanding that the ex-
tension is for another three years, until January 2006,
Our organization continues to provide quality youth programs at the Blue
Heron Park and we hope to continue and expand our programs in the coming
years, We greatly appreciate the County's help in maintaining the property.
If you have any questions, please call me at 872-2092,
Sincerely,
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Elizabeth Madisetti
Executive Director
Big Pine AtWetic Association
cc: James L. Roberts
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