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Item C20 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 21. 22. 2004 Division: Public Works Facilities Maintenance S'L Bulk: Item: Yes ~ No Department: AGENDA ITEM WORDING: Approval of an Amendment to Agreement with Planned Parenthood of Greater Miami and the Florida Keys, Inc. terminating services at the Dept. of Health Clinic in Tavernier and thereby reducing office space fees for non-profit organizations from $200.00 to $100.00 per month. ITEM BACKGROUND: On March 16,2004, Planned Parenthood of Greater Miami and the Florida Keys, Inc. notified Facilities Maintenance in writing that services in Tavernier ceased effective immediately, Services at the Ruth Ivins Center in Marathon remains the same. PREVIOUS RELEVANT BOCC ACTION: On June 14,2000, the BOCC granted approval to enter into a Lease Agreement with Planned Parenthood of Greater Miami and the Florida Keys, Inc., for office space at the Ruth Ivins Center in Marathon, and the Department of Health Clinic in Tavernier. On October 18, 2000, the BOCC approved an Amendment to the lease establishing two one-year renewal options, and abating $100.00 August rent for utility consumption at the Tavernier Department of Health Clinic. On June 20,2001, and May 15, 2002, the BOCC approved the two one-year renewal options, and on March 19, 2003, the BOCC approved to waive Monroe County Policy for Requests for Office Space by Non-Profit Organizations, and extend the Lease Agreement for an additional one-year period with the option to renew for two additional one-year extensions, CONTRACT/AGREEMENT CHANGES: To eliminate the use of office space by Planned Parenthood of Greater Miami and the Florida Keys, Inc, at the Dept. of Health Clinic in Tavernier from the Lease Agreement. Fees for utilities and upkeep costs shall be reduced from $200.00 ($100.00 for office space in Tavernier, and $100.00 for office space in Marathon) to $100.00. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: N/A BUDGETED: Yes ~ No COST TO COUNTY: N/ A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Arty ~ OMB/Purchasing ~ Risk Management _X_ DIVISION DIRECTOR APPROVAL: tJZv~ 3/JdO( Dent Pierce, Director Public Works DOCUMENTATION: Included X To Follow Not Required_ DISPosmON: AGENDA ITEM #-C,dD MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Planned Parenthood Contract # Effective Date: 03/16/04 Expiration Date: Contract Purpose/Description: Eliminate the use of office space for non-profit organizations at the Dept. of Health Clinic in Tavernier. Contract Manager: Ann Riger 4549 Facilities Maint/Stop #4 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 04/21/04 Agenda Deadline: 04/06/04 CONTRACT COSTS Total Dollar Value of Contract: $ ~ Current Year Portion: $ Budgeted? YesC8J No D Account Codes: _-_-_-_ Grant: $ N/A _-_-_-_ County Match: $ N/A _-_-_-_ N/A - - - ---- 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 DivisionDirector 3(30 loy YesD NoD RiskManagement 36.3/U1 YeSDNo~ OM.B.!Purchasing .1Z1h YesD NoD County Attorney 3 /2'1 f () c.; YesD No Date Out ~ Comments: OMB Form Revised 2/27/01 MCP #2 .,.. AMENDMENT TO AGREEMENT (Non-Profit Organization Lease of Office Space at the Ruth Ivins Center in Marathon. and the Department of Health Clinic in Tavernier.) TInS Amendment is made and entered into this 21st day of April 2004, between the COUNTY OF MONROE and PLANNED PAREN'IHOOD OF GREATER MIAMI AND THE FLORIDA KEYS, INC., in order to amend the agreement dated June 14, 2000, as amended on October 18, 2000, as renewed on June 20, 2001, May 15, 2002, and March 19, 2003 (copies of which are incorporated hereto by reference) as follows: 1. Revise the agreement to reflect the termination of services at the Department of Health Clinic in Tavernier, thereby decreasing the fee for monthly utility consumption and upkeep costs from $200.00 per month to $100.00 per month keeping only the office space at the Ruth Ivins Center in Marathon. Effective March 16, 2004. 2. In all other respects, the original agreement between the parties dated June 14, 2000, amended October 18,2000, as renewed on June 20,2001, May 19, 2002, and March 19, 2003, 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: Deputy Clerk By: Witness PLANNED PAREN1HOOD OF GREATER MIAMI AND TIlE FLORIDA KEYS, INC. Witness By: Title MONROE COUNTY A11.<:NEY ~:t~ : .'. ",JTT 'v rbCl'L .rrORNEY ndl{;_,31,!O'~'-- .- -. \ ~ . I ,@ IIJ I lo.llIlCU I 0.1 CIIU IVVU of Greater ,"'iallli and the Florida Keys, Inc. 'l:,..;,)n'~ Chair Vice-Chair .....::/.~q ,\.\\d)/J'.\'t-'it Secretan- ;,..Hl!).":'!Wi,1I1 Treasurer ......,tr1n C. p,\~troil. c.P. '\. Board of Trustees ;-;',111\1(" thihiJ!n\..kn\\ 117 March 16, 2004 . :;, ~)P~ul~lli' Board of County Commissioners County of Monroe 3583 S. Roosevelt Boulevard Key West, Florida 33040 ~ ',~':",:1 t,'; ~ \.; r~ 't.~rln [) Of:~lrn Fif'id '., , ~1 i", ij _ I ~ ..,.,- . () r .. :,::.; ~~l i--. .I'. "('f ~ 'f::::' .lP:t' L,.; ~i1 . )- _ .:. .:~:'l \ ';\" ~l.ifll "_:_;l'~:, \';;,\:-I)n. \\.t). "~'r;(-,.i ":'.: :,.\ !I-kl"".':.lI1 Dear Commissioners: ::',,,- ,:-,)I'\t" ".', ;',,; ~!t:.n.i \ :li,H ... -,C"','";::,:J ':',:"....r~'." I regret to inform you that we will not be providing family planning services in Tavernier, effective immediately. We deeply regret this move, but a number of things have occasioned this decision. Pre,ident CEO .~ ,. ;,~:1 S~~":):e-:: G-:-neral Counsel \1edical Director \~ S'.;'J...t.. .,....D F~COG - '.:J<;~";'; Beginning in May of 200 1, we requested consideration to move into new space at the old Mariner's Hospital when renovations were completed. As recently as January 14,2004, we were told there was no space for us. As board and staff looked at the eventual closing of the Tavernier site in June of this year, we reviewed the issues that we've had in providing services in Tavernier. Jean D. Shehan Famih Planning Clinic ',':" ~_.\ ":-:~~\f"nJi~ ~'_~'~_~'~)':; :'.I!T'"1!!1:~:cHI()n - - - ,- (::11( ~,_ ~,-'." ~\:..,,'::'nn .....orth \1i.lml Famih Planning Clinic .-' ....:: _ " _::: :;~ :-:.f'.... ..- ,>', 3:'"': r:nr',:.\ _~" 1 f) 1 ;,,:.",~,--~,,~ C."',( ';~' ;""";,:.,,~-, :', )~;.;J. )J: \'J Let me say first that without your generosity, we could not have provided services at all. The cost to us for renting a suitable facility would have been prohibitive. '";,,:i::; ,;.,~' <) :(:'.,(,-:a1n South Beach Famih Planning Clinic , ..:.,.' ;., ~ '"\:;- ~:,~f"': "'"-'_""';;':\"1.,:,'1;'.- ~ .;....~~1': :5;';:.;:I(I( re.n Secondly, 35% of services provided have been to patients at 150% of the poverty level or below; therefore below our costs, or free. lo...endall Famih Planning Clinic ..:.....:. ': '.\, ''':''':::1 ~j'f-t'~ ~-..:!:e ] ,,'q ": ,-' r:J ');. -!~ ,. C':~,,: " ":~ :-'~',:'D:,:n,: l, t.':,,:er Thirdly, there is a shortage of advanced registered nurse practitioners available in the Florida Keys and to provide services in Tavernier we have had to contract with a practitioner who lives in Key West, and pay mileage. South Dade Famih Planning Clinic ~ _' ';', \, ~"'.):h ';'fi:'t'! "'.:~" ~",':(':,1 JJ~-'~' ~ '_ ." 3'l::" ')..:....:. (,:i~j\ ~-~~,~..,S-;,'~ E:dt;c,:,:lon bdia B. Stokes famih Plannin~ Clinic ""., ::\:." ,\:"Jr~ All of this means we have not been able to break even, and with the anticipated closing in June, the board, staff and I decided we could no longer sustain these losses. '~nl~':".-. .\.\ en.:t:' " ."...... ,.- ;: " ',r:~ :.: ~;,-;:, ::-:; '''c;:'; CI:1ii Slarr \\oore Famil\ Planning Clinic .~~.,,~ :~''':'''.',,-,\. :\ullt." 1..J1) '.. ,;.~. ''''l-''~ : ,>r :n:: ~i \' ~(1 -:;, _.~ 01_1.;....-. 1-';"', F.ld!' 01 life lin(': '~-.20-;'-"l'(,i \\l'h..it(': \\\\\\.PJl~m,org ._.. _. _.. .." '" " ,'", "C,-.,D' "TI'" ,," PPr..\1i"" "lAY RF nRTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL FREE Board of County Commissioners Monroe County Page 2. We will continue to provide services in Marathon and will make every effort to accommodate patients coming from Tavernier, but a down-turn in the economic climate in the United States has increased the demands for free services and decreased donor contributions to fill in the gap. We have had a wonderful experience and I am grateful to all of you for your willingness to work with us. I am available to talk to you about this and, as always, am willing to come to a Commission meeting. It is with real sorrow that we make this move. Sincerely, ~ D. Joan Sampieri President/CEO Cc: Anna Velasquez, Director of Patient Services Karen Beal, Director of Public Affairs Bill Spear, Facilities Manager John Pascucci, Rural Health Network AnnMytnik, Contract Facilities Manager . "i~- " i' ... RENEWAL AGREEMENJ' (Non-Profit Organi7ation Lease of Office Space at the Ruth Ivins Center in M311l1hon.8Dd the Department ofHea1th Clinic in Tavernier.) " TIllS Renewal is made and entered into this 19th day of March, 2003, between the COUNTY OF MONROE and PLANNED PARENTHOOD OF GREATER MIAMI AND THE FLORIDA KEYS, INC., in order to renew the agr~ment dated June 14, 2000, as amended on O~~~r JS, 2000, as renewed on June 20,2001, and May 19, 2002 (copies of which are incorporated hereto by reference) as follows: 1. Waiving Monroe County Policy for Requests for Office Space by Non-Profit Organizations, Lessee wishes to extend the lease for office space located at the Ruth Ivins Center in Marathon, and the Department of Health Clinic in Tavernier, for an additional one year period with the option to renew the Lease Agreement for two additional one- year extensions. 2. Paragraph 3 (a) of the original Lease Agreement dated June 14, 2000 shall change from utilizing 78 square feet of dedicated space (room #140), and existing Health Department clinic space at the Ruth Ivins Center to utilizing 78 square feet of dedicated space (room #115), and existing Health Department clinic space (room #'s 112 and 113) at the Ruth Ivins Center, 3. The term of the renewed Agreement shall commence on August 1,2003, and shall expire on July 31, 2004 3. In all other respects, the original agreement between the parties dated June 14, 2000, amended October 18, 2000, as renewed on June 20, 2001, and May 19, 2002, remains in full force and effect. ,IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year ,/' tir~written abov~.. ;(:, t. \~.'<' > . \~i~~~{-',y BOARD OF COUNTY COMMISSIONERS "'A.:,~r;-~ L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA ~~...-~ ~ ,fl' II B C:~~Q~~-- c~"~4-- ~ WItness By: L~~ >n ~ PLANNED PARENlHOOD OF GREATER MIAMI AND TIlE FLORIDA KEYS, INC. C~b . , '. RENEWAL;AGREEMENT <Ndn.f>rofit ~zalion Lease ofOOice Space 81lhc RuthMns Center in Marathim, Ii.! lhc ~ ~ ' Clinic in Tavernier.).;", i. 'j., It THIS Renewal is made and entered into this 1 SUI day of May 2002, between the COUNTY OF MONROE and PLANNED PARENTHOOD OF GREATER MIAMI AND THE FLORIDA KEYS, INC., in order to renew the agreement dated June 14, 2000, as amended on October-I8, 2000, and as renewed on June 20,2001 (copies of which are incorporated hereto by reference) as follows: .:, _ 1. In accordance with Paragraph 2 of the Lease Amendment dated October 18, 2000, Planned Parenthood of Greater Miami and the Florida Keys, Inc. exercises its second and final one-year extension of the original lease dated June 14, 2000, commencing August I, 2002 and tenninating July 31,2003. 2. In all other respects, the original agreement between the parties dated June 14, 2000, amended October 18,2000, and as renewed on June 20, 2001, remains in full force and effect. BOARD OF COUNTY COMMISSIONERS OF MONROE courtl/ FLORIDA By: 'f ~ ~.~. C ~(-_~~ ~'"J-?U-. c~.~ . PLANNED PARENTIIOOD OF GREA1ER MIAMI AND TIlE FLORIDA KEYS, lNe, ~--~.~~ ~D :.~CcD Title . T.j 'i::~~(-;-7'<;-::::1~"!--f~ r) _" r . '. .. JUI~ 1 4: ZOOZ 1\, ,. r-lh f\. ,..:U~ "'--- . . - --...'" - UlVanta.} ... ,....~ -. ;'". .---;~"~.lleal(h' . ~.:;~ . ". '~~', '-. . I;, \ ,~ .. . nus Renewal is made and entered into this 2.0lh day of lune 2.001, ootween 1he COUNry OF MONROE and PLANNED PARENTHOOD OF GREATER MIAMI AND 11m FLORIDA KEYS, INC., in order to renew the agreement dated June 14, 2000, and as amended on October 18,2000 (copies of which arc incorporated hereto by reference) as follows: I. In accordance with Paragraph 2 of the Lease Amendment dated October 18, 2000, Planned Parenthood of Greater Miami and the Florida Keys, Inc. excreiSCSits"lirst additional one-year extension of the original lease dated June 14, 2000, commencing August 1,2001 and tenninating July 31, 2002. 2. In all other respects, the original agreement between the parties dated June 14,2000, and amended October 18,2000, remains in full force and effect. . S' WHEREOF, the parties have hereunto set their hands and seal, the day and year ve. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~~. If. ft-~d PLANNED PARENTHOOD OF GREATER MIAMI AND THE FLORIDA KEYS, INC. ~ \ ~ .- By:~ ~ D. Joan SampJ.erJ. President/CEO Tille '; . - -. _n..... ....,....\,0\,; ell Ute Ruth.lvins 'Cenler in Martlton, andtlte ()ep~~~\Cnt Clinic lu 1'1l\'cntier.) . . ',; , THIS Amendment is made and entered into this ISd. day of October 2000, between the COUNTY OF MONROE and PLANNED PARENTHOOD OF GREATER MIAMI AND THE FLORID A KEYS, fNC., in order to amend the agreement dated June 14, 2000, (a coPY-'vltich is i nc.orporaled hereto by reference) as follO\vs: ,.' , ~, Rent paid of $100.00 for the month of August for utility consumption at the Tavernier Department of Health Clinic, be applied towards. the first month Planned Parenthood aClually OCCUpies space. All other renls belween September I, 2000 and aClual occupancy date be abaled. Rent due for partial month Occupancy 10 be pro-rated 2. Add to Article I, a paragraph B, to read as follows: Lessee has the option to renew this Lease Agreement after the first year for (wo (2) additional one-year extensions (in aCCOrdance with Monroe County policy, Requests for Office Space by Non-profit Organizations). 3. In all other respects, the original agreement belween the parties dated June 14, 2000 remains in full force and effect. By:~~c.. tW~ Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~~ -..... ( t {I , ; (~1 r By: ~:/- Y?~ . \\'ltncss ~--R5.0UUM:1M)_ Witness PLANNED PARENTHOOD OF GREATER MIAMI, INC. ~Ql\~~<L~~~ (----.--0 ~ '~_~- L.C-co Title \ ". AORERMR'NT nus *<lREEMENT, made this 14th day of Iune, 2000 by ondbclWCCII the.1loaJd of County Commissioners . of Monroe County, Florida (herclnafter referred 10 IS BOCC) ond PIanncd Parm1hood of Greater Miami ond lhe Florida Keys, (hercinallcr referred to as PIanncd Parenthood), a not-for-prolit corporation incorporated in the Slale of Florida. WHEREAS, Ihe BOce has approved for ale Administrator 10 make limited. temporary office spa<<_'I".ilable to nonprofit org.1nizations serving the Count)' communit)' on the condition tbat the organii'.atipnsarc responsible for theh own cleaning, telephone and simij" costs and provide. reasonable payment 10 ale CoutUy for"" """ of electricity; and WHEREAS, the Plarmcd Parenthood provides affordable reproductive healthcarc to tbousands of men and woman: WHEREAS, the BOCC has detennincd that it is in the best intcrests of Monroe County to enter into tltis agreemclll: NOW, THEREFORE, for and in consideration of tilC mutual COvcnants containcd herein, the parties agree as follows: L Conlracl Tcnn and SUIO. This agreemCD( is for the period commencing I71.f,vsl I'M J aud through \J vI {,f ,7J ~O J , unless earlier terminated pursuant to paragraphs 6 or 23 below. Planned Parenthood hc!rc6l agrc~ to pay tile BOCC the sum of $ 1 00.00 per month for space at the Ruth Ivins Center in Maratbon, and tilC sum of $100.00 per month for space at thc Departn~ent of Health Clinic in Tavernier, for the utility 'consumption and upkeep costs (tolaI of $200.00 per month). 2. Scope of Services. Plarmcd Parenthood shall provide affordable reproductive hca1lhcarc, provide breast. pelvic and testicular cxams; Pap smears; di."1gnosis and treatment of STDs (sc:\"Ually lr'cIJ1smiUed infections); birth control methods at greaUy reduced prices; pregnancy testing and reproductive health education and counseling. Planned Parenthood shall install its Own telephones, supply its Own office furniture and equipment, and providc for its own janitorial sen,ice. 3. BOCC ResDonsibilitv. TIle BOCC shall direct its AdminiSIr<itor, Delh1l1ment Heads, County AlIomey : and staff to provide certain facilities and support to Planned Parenthood as can be provided without requiring an increase in personnel or an)' purcha,se or lease of real property. TIle BOCC shall provide to Planned ParcntIlood, within tIle aforementioned limitation, as well as all rules applicable to Coullty, without any cost to the county, the fOllOwing: a) Ruth Ivins Center - 78 square feet of dedicated Sp.lce (room #140), and utili"..<lIion of existing Health Department clinic space. b) Departmellt of Health Clinic in Tavernier - liS Squ.lre fcet of dedicated space, and utilization of existing Healtil Department clinic space. 4 4. Records - Access and Audils. Planned Parenthood shall Ill<lintain adequale and complete records fOl <.l period of four years aftcr completion of any event or program. TIle BOCC shall have access to the books, records, and documents of Planned' Parellthood. 111e access to and inspcction of such books. reCOI'ds, and documents by the BOCC shall OCCUr at any reasonable time. 5. Relationship of Parties. Planned Parenthood is, and shaU be, in the pcrfonnancc of all works, services, and activities under this Agreemellt, an independent contractor and not an employee, agent or sen':!nl of the BOCC. Planned Parenthood shall e:'\ercisc control. dircctiolt and Supcp.'is;on over thc 1llC;\IIS, manner personnel and volunteers through with it perfor~ns the work. Allhough this Agrcelllcnt is .\ COOp-crdlivc agrcemcnt, similar in many respects (but not all) to a partncrship. Planncd Parcmhood shall have no authority \Vbalsocv<r.o act on bcbaIfandlor as agent for a.eBOCC in any .promlSe, agI'CCment or representation other tban specifically provided for in this 8grCcm.cnt nle BOCC wllal no lime be legally R:Sponsible for any negligence cin!he part of Planned l'arentJ1OOd, Its employees, agents or volunteers resulting in either bodily or personal injury or propertl' damage to any individual, property or corporation, .' \t 6 ~odifiCllion. Additions 10, modifi""hon 10. or deletions from the pCO\;sion of tllis contHI" l1la}' be made only in writing and executed by the SOCC. No modification shall become effective without writtcn approval of both parties. 7. Breach and Penalties. TIle parties agree 10 full perfonnance of thc covenants contained in the contract Both partics rcscrvc OlC right, al the discretion of each, to terminatc the services in this contract for any misfeasance, malfeasance or nonperfornlance of the COlltract ternlS 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 samc conditions or covcnants or othcrwisc. 8. Insurance Rcouirements. Planned ParenOlood shall carry, during the telm of this agreemcnt, 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 requiremcnts of the Insurance Requirement Attachments hereto. Monroe County shall be named as an additional insured under tbe insurance policy and such insurance shall be primal)' and' non-cOn(ributing with any inSUI"'.lnce earned by the aocc. Planned Parenthood shall furnish tI1C County with a certificate evidcncing tbe insurance required by tItis paragraph at the time of executing this Agreement 9. Indemnification and Hold Harmless. Planned ParentIlood sball indemnify and hold hannless the aocc, their dcpartments, agencies, officials, employees, agents, scn'3Ilts and contI"'dctors against any claims, liabilities and expenses (including reasonable attorney's fees) arising as a result of any direct and/or indirect action of Planned Parenthood, its employees, agents, servants, volunteers and/or contr-detors in the perfonnance of the tenns of this agreement or othcnvise related to activit)' conducted in the furtherance of this agreement except to Ole extent that, in tllC case of any act of negligence, Planned Parenthood reasonable relied Upon material or services supplied by (he BOCC or ; any employec of tlle BOCC. Planned Parenthood shall inmlcdiately givc notice 10 (he BOCC of any suit, claim or action m.ade against it that is related to any activity under this Agreemcnt and will COoperate willl thc BOCC in the investigation arising as a resull of any suil, claim or action relatcd to Olis Agreement. 10. Permits. Planned Parcntllood shall secure all required pennits and/or licenses necessary (0 eany out any of the services rendered under tllis Agreement.. I I. Laws and RCl!Ulations. !) TIlis Agreement shall be cons1rued by and govcrned under tI1C laws of the Sl;lle of Florida unless in an area of law prc-cmpted by federal law. Planned Parenlhood agrees for venue of any dispule to lie in Monroe County, Florida. Q) Planned Parenthood shall comply with all Iclws, including but not Iimilcd to thosc listed in Exhibit C. 9 Planned Parenthood shall comply with all federal, statc and local laws and ordinances appliClble (0 lhe work or paymcnt for work lhercof. and shall not discriminate on thc grounds of race, color, religion, se". :Igc or national origin in the pcrfonnallce 01" work ullder lhis Agreement 2 sn Any violati?n of said statutcs, ordinances, rulcs, regulations and executive ordersshatl <xmsti(u(c a material breach of this Agreement and shalt entitle the BOCC to tcnninate this Agreemenl immediately Upon dclivCIy of written notice to. Planned Parenthood. 12. Taxes. The BOCC is exempt from Federal, E.~cise and Slate of Florida Sales Tax. 13. Finance C'harl!.es TIle BOCC will nol be responsible for any finance charges. 14. Scverability. Ifany provision of this contIact shall be held by a court ofcompctentjurisdictionto be invalid or unenforceable, tbe remainder of this contltlct, or th~ application of such provision 'other than those as 10 which it is invalid or unenforceable, shaH not be affected thereby; and cach pro,'ision of this COntract shaH be valid and enforceable to the fullest e^1ent permitted by law. 15. Force Maieure. Planned Parenthood shall not be liable for delay in peIfonnance or failure to perform in wbole or in part, the services duc to the OCCUrrence of any contingency beyond its control or the control or any of its sub-<:ontractors or SUppliers, including labor dispute, strike, labor shonage, wClr or act of war, whether an actual declaration thereof is made or not, inswrection, sabotage, riot or civil commotion, act of public enemy, epidemic, quarantinc restriction. accidcnt, fire, c^1>losion, stoml, Dood, drought or otller act of God, act of any governmentaI autllority, jurisdictional action, or insufficient supply of fuel, electricity, or materials or supplies, or teclmical failure where Planned Parenthood has c..xerciscd reasonable care in the prevention tllcreof, and any such delay or failure shaH not constitute a breach of the Agreement Planned Parenthood shall notify tbe BOCC orany delay or failure to perform within five (5) days of such action. Upon demand of the BOCC, Planned Parenthood must furnish evidcnce of tIle causes of such delay or failure. 16. Assi~nrnent. Planned Parenthood shall not assign, transfer, sublease, pledge, hypotllecate, surrender, or otllcIWise encumber or dispose of this contract or any estate aeated by this contract or any interest in any portion of the same, or pcnnit any other person or persons. company or COrporation to perfonn seIViccs under this contract without first obtaining the wrillen consent of the BOCC. In the event of such consent, this agreement shall be binding upon Planned Parenthood's successors and assigns. 17. Disclosure. Planned Parenthood shall be required to list any or all potential conflicts of interesl, as defined by Florida statutes O\3.pter 112, Part 1I1 and the MOIlTOC County Ethics Ordinance. Planned Parenthood shall disclose to the BOCC all actual or proposed conDicts of interest, financi;tl or . olhen\'isc, direcl or indirect, involving any client's interest which may constitule a COnnicl undcr said . laws. ) 8. Addition Condilions. Planned Parenthood agrees to accept additional conditions governing the lIse 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 Ule BOCC. Such additional conditions shall not becomc effective until Planned ParenUlood has been notified in writing and no such additional conditions shall be .imposed rctroactively. ) 9. IndeDendent Professional Judl!mcnt Planned Parenthood shall at all times exercise independent professional judgment 'and shall assume fulI responsibility for the service (0 be provided and work to be completed. 4 20. Carc of Proncrt)~ Planned Parenthood shall be responsible to the BOCC for the safekecping and proper use of the property entrusted to Planned Parenthood's care, and to process a1\ doculIlcnts necess<lry to continue, without interruplions, any maintenance or service contracts relaling to such equipmcnt for its service life. Planned ParcnUlOod shall provide services Monday through Friday, 8:00 a.lll. - 5:00 p.m., and sl\3.1l ensurc Utat {heir patrons do notloi(er or congregate on thc Ruth Ivins Center's property in Mlrdthon, or the Department of HcalUt Clinic's property in Tavemier. 2 I. .!lUU.9.J;;'I<I\lse. Planned Parenthood warrants thaI it has nol cmployed, relaillcd or olllcn\ ISC h;ld ;tCI on ils bch;1Ir ally fonner' County officer or employee subject to the prohibition of Section 2 of 1 ,I, I: ~ No. OIO-19lJO OtlDy 1IOOC_.......,..,1n \'lnbtioa orSec:tiaa , or~ No. 010-1990. For bmd or violation ~this pmvlslon. the Olunfy 1D3Y, in its- disetdioa. .tamIuatc this CODfmct without 1iabilif1. and may ako, in its disaetioa, deduct from the amtmd or pb.~ pice. or othawisc nla)\U, the full 8JMunt of any fee, ~mtssf.on. 'pc:I'CCDt.agc, gift or <XJDSidClCltion. paid lO the former Planned Parenthood or BOCc ~cer (If employee. '" 22. Notice. Asiy notice required or permitted 1lIMb1bis ~ sba1l be in writing and ~ or mailed. PJ51age prepaid, by certified mail, n:tum It<leipt n:.qnestod, to the other ~ as fonOWS: To PIatmr.d ~00d Joan S8~ 1699 SW2'fA Avenue Miami, FL 33l4S To County Monroe County Facilities MJlimMJance 3583 s. Ro9scvc1t Boulevard Key West, FL 33040 23" T~n.. Tem1ination of this Agreemeut sba1I OCcur at lllc NaIuciI eo.ding date, or eadier should citha party determine that there has OCCUD:ed' any matcriaI breach or any COVenants herem contained, or either party otherwise deems it in their be$(, iDtet'C$t to terminate. Tetlnination may be with Or without cause. and shall require written notiQC tp be given to the other party as follows: a) In the event eifha party 1.el:ntinates for.brcaoh of coDtact, tennina.tiOD man be effective at SUCh time as .the termin"~ng patty shall declare hi. its act to texminatc for cause, with a minimmn of fourteen days notice in WIiting requited prior to effective tenninatiOD. b) In the event either party tenninates without cause, the tcnn.inaIion shall not take effect until at least. sixty days subsequem to wriUc:n notice to the other party, ~ the. cfrec:t:ivt date of ft:miinati.on shall be specified in said notioe. 24. FuU ~t. This Agreement oonsti~ the entire and full ~ between the parties ~ and neither party shall be bound by 3Df 1Cp~0DS, litatemeots, PtOmiscs 01" &gmcmcnts not exptasly set forth herein and in duly c:xecuted aIDeMmeols under psnlgI3ph 6 hereof. . BOARD OF COUNTY COMMISSIONERS OF MONROECOUNlY. FI,.ORIDA BY~~~ (SEAL) A~; PLANNED P ARENlllOOD OF GREATER MrAMI AND THE FLORIDA. KEYS (~;J~6(~p~ ~~9~ T~~~: .~~l~l~~o (~~ v , ~ ')/I{ v. , APP,OYW AS 10 FOR ~ o - ~D-rrGAL S~ffl . E .. . ." (Jr.- _' -f.._ , ~_ C:~ UZANI~E ;.~ON "'ATI'__{' ('/. ') '1[ ..~ '.i.~ . '~i .: /tfOlUTJe ~ policy for Ret:f"esU for Office Space by Non-Profit Org41tlzcrtlons The purpqse or this potie;y is to establish a procedure for processing requests from non-profit organizations desiring dffice space in County facilities, The Board of County Commissioners adoptad this :pofiq 011 Novemberi 9, 1S89. GENERAti.INFORMA TION: 1. Orga~izations shall complete the attached form and submit it to the Faci/:fies MaIntenance Department at 3563: South Roosevelt Boulevard, Key WQS~ Florida 33040: telephone number 305r.l92-4431 _ fax numtier 3051295-3672. 2. On~the request for office space has been revieWed by Staff, and it has been determined that appropriate spa~ is available. 1he Administration will prepare an agenda item for the next available meeting for the Soari! of County Commissioners to consider staff recommendations and make a fll1al determination, 3. If appropriate office space is located, and approved by the Board of County Commissioners, the orgarltlzation will be required to: a. ~ecute a one-year lease agreGment with the County, with two (2) possible one-year extensions, 11lereaft~r the organization wig not be eligible to reapply for space for a period of a minimum or three (3) years; b, ~y a fee of $100.00 per month to the Monroe County Clerk. of Courts (Rnance DepartmenQ to COVQr electricity costS: c. ~rovide its own janitorial and telephone service. .cR.ITERIA: The fOllo~ling ctitetia are the basis for determining the a1iocation of cffice space: I . " 1, The organization must provide a Coun~-wide service. 2. poes the organization presently receive fund~"1g from Monroe County? Yes 0 NaIDa If so, is' the agency willing to reduce funding commensurate with cost savings as a result of being ~~ted in a County facility? Yes 0 No 0 N / A 3, The oryanizCl.tion must s.€OJre a.n in-kind match grant for the value of the space allocated. Please list prant James Starr Moore MemQ;r-iaJ FOlln8r1t-innq Lvdia B. Stokes Fdtn. 4. i'MII the office spaoe requested be needed on a temporary basis or for an extended period' Of timer rremporary B12si:3 0 Extended Basis Ki ,How Long? 1 y,:>;:\rc:: " ..-~.~.. - " ,'/,-~t~{ ~o"-Profit OrganlzCltlon~eql(est (or Office S~02 , \. ,~, ',1-,. It Name of Ofganltatlon: Planned Parenthood of Greater Miamil Inc. Contact Name: Joan Sarnpieri Non-Profit No: 59-1642041 Phone Number. 1699 S.W. 27th Avenue, Miami, Florida 33145 Square Footage . Requested: negotiate AddrGSS: (305) 285-5532 with health dept fax: Numb~r. (305) 285-5571 For How Long? 3 year s Location Required: Lower Keys 0 Middle KeyS &l Upper Keys Kl , Special Re9uirements: We ar~ requesting space at the Ruth Ivens Center in Marathon and the OqTT space in Tavernier. l:>~ .(- I\c!t\\,."(''' Lloes this ~rganiz~on ~ceive funding from Monroe County? Yes 0 N~ If so, what ~ the annual altocation'? N I A I If a leasa i~ granted, please identify the program for which the value of the space allocated wiU be used as an in-kind grailt match: Af fordable reproductive health care. Describe the County-wide service your agency provides and the cost bGnefit to Monroe County taxpayers:: ___~ann_ed Parenthood provides reproductive exam; ,testicular exam; STD diaqnosi~ and methods) at greatly reduced prices ., 1or' Cowtt:y Use Only healthcare (Pap test; breast treatment; contraceptive " Approved by: Risk Mana~ement Date: -Facilities Maint: Da~8' ($ Fait" Market Value for aUocated space) PV'/ Directrir: Date' COunty Administrdtor: Date: If approved, the orvanization be required to enter into a one-year lease with U1e County, with two (2) possible ene-year 4lensions, at which time the organization will not be eligible to reapply for space for a peJiod of a m~nimum <:if three (3) yea~. All nan-profit organizations who are provided office space will be required to reImburse the County for utilities in the amount of "$100.00lmonlh, and must provide their own janitorial anc:l telephone services. rorA-. ~.~::; "'I .: ......~;,...~".._~... ,,::u Q) S. ~::r iii' - -< 'TI 5" OtA g 0 -0 CD -~ Do) ..... ::J CD ..,