Item C04
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 14. 2004
Division:
Public Works
Bulk Item: Yes ..x.- No
Department: Facilities Maintenance
AGENDA ITEM WORDING: Approval to enter into a Faeilities Use Agreement with Yoga by the
Sea for use of the Higgs Beach Platform.
ITEM BACKGROUND: Yoga by the Sea has been using the platform at Higgs Beach for the past
four years pursuant to an informal agreement and it is desired to formalize said agreement and provide
for modifieation during the summer months.
PREVIOUS RELEVANT BOCC ACTION: On June 14, 2000, Yoga by the Sea received Board
approval to use the platform at Higgs Beach. On April 17, 2002, the Board granted approval to increase
classes from 7 per week to 11 per week, from 1-1/2 hour sessions to 2 hour sessions, and from $10.00
per session to a flat fee of $400.00 per month.
CONTRACT/AGREEMENT CHANGES: For May 1,2004 through October 31, 2004, and each
May 1 through October 31 thereafter, Yoga by the Sea shall pay the County $120 per month for three
classes per week (each class not to exceed 1-1/2 hours); on November 1, 2004, the fee shall be $400
per month for 11 classes per week.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST:
Revenue-producing
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes..x.- No
AMOUNT PER MONTH $120/$400 Year
APPROVED BY: County Atty. _
OMB/Purehasing _ Risk Management_
~()~
DIVISION DIRECTOR APPROVAL:
Dent Pieree, Direetor Public Works
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # C L\
Revised 1/03
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contrilct with: Yoga by the Sea Contract #_
Effective Date: May 1,2004,
Expiration Date: Month-to-Month
Contract Purpose/Description:
Facilities Use Agreement for the purpose of operating Yoga elasses at the Higgs Beach
platform.
Contract Manager: Miguel Carbonell 4385 Facilities MaintJParks & Rec. #4
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on July 14, 2004 Agenda Deadline: June 29, 2004
CONTRACT COSTS
Total Dollar Value of Contract: $ Revenue-
producing
Budgeted? YesO No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $ 2,600.00
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
O.M.B./Purchasing
Changes
Date In Needed
_ YesDNoD
~/3/()'1 YesDNo~
* YesD~ ~~~/;6-~
~O~ YeSDNO~~
Date Out
Division Director
Risk Management
County Attorney
Comments:
Facilities Use Agreement
THIS AGREEMENT is entered into this 14 day of July ,2004 by and
between BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA, (BOCC)
and Meghan Cole d/b/a Yoga by the Sea, and whose address is PO Bo)( 915, Key West, Fl.
33041.
WHEREAS, Yoga by the Sea has been using the platform at Higgs Beach for the past
four years pursuant to an informal agreement; and
WHEREAS, it is desired to formalize said agreement and provide for modification during
the summer months;
NOW, THEREFORE, and in consideration of the mutual covenants, contained herein
the parties agree as follows:
1. The BOCC hereby licenses Meghan Cole d/b/a Yoga by the Sea (Hereafter "Yoga by
the Sea") to use the platform at Higgs Beach, Key West, Florida, on a month-to-
month basis, commencing May 1, 2004, and terminating upon either party giving
written notice of termination to the other, for or without cause, at least fifteen (15)
days in advance of the termination date.
2(a). For the period May 1, 2004 through October 31, 2004, and each May 1 through
October 31 thereafter, Yoga by the Sea shall pay to County a monthly fee of one
hundred twenty dollars ($120.00), for the use of said platform for three classes
per week each class not to exceed one and a half (1-1/2) hours. Commencing
November 1, 2004, Yoga by the Sea shall pay a monthly fee of four hundred
dollars ($400.00) for use of said platform for eleven classes per week.
(b). The Facilities Use Agreement/contract amount agreed to herein might be
adjusted annually in accordance with the percentage change in the Consumer
Price Index for aU urban consumers (CPI-U) for the most recent 12 months
available.
3. Indemnification and Hold Harmless: Yoga by the Sea covenants and agrees to
indemnify and hold harmless Monroe County Board of County Commissioners from
any and all claims for bodily injury (including death), personal injury, and property
damage (including property owned by Monroe County) and any other losses,
damages, and expenses (including attorney's fees) which arise out of, in connection
with, or by reason of Yoga by the Sea utilizing the property governed by this
Facilities Use Agreement. The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere within this
agreement.
4.lnsurance Reauirements: Recognizing that the work governed by this contract
involves the provision of classes related to physical education for profit, Yoga by the
Sea shall purchase and maintain throughout the life of the contract, insurance
. covering the activity specified in the contract.
The Monroe County Board of County Commissioners shall be named as Additional Insured.
The minimum limits of liability shall be $300,000 per occurrence.
General Liability: Prior to the commencement of work governed by this contract, Yoga by the
Sea shall obtain General Liability Insurance or provide proof of self-insurance. Coverage shall
be maintained throughout the life of the contract and include, as a minimum:
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 100,000 per Person
$ 300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this
contract. In addition, the period for which claims may be reported should extend for a minimum
of twelve (12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
5. Permits: Yoga by the Sea will secure all required permits and licenses, including but
not limited to occupational licenses.
6. Independent Contractor: It is the intent of the parties hereto that Yoga by the Sea
shall be legally considered as an independent contractor and that neither it nor its
employees shall, under any circumstances, be considered servants or agents of the
BOCC and the SOCC shall at no time be legally responsible for any negligence on
the part of said Yoga by the Sea, its employees or agents, resulting in either bodily
or personal injury or property damage to any individual, firm, or corporation.
7. Disclosure: Yoga by the Sea shall be required to list any or all potential conflicts or
interest, as defined by Florida Statute 112 and Monroe County Code. Yoga by the
Sea shall disclose to the SOCC and TDC all actual or proposed conflicts of interest,
2
financial or otherwise, direct or indirect, involving any client's interest which may
conflict with the interest of the BOCC and TOC.
8. Assianment: Yoga by the Sea shaU not assign, transfer, convey, sublet or otherwise
, dispose of this agreement, or of any or all of its right, title or interest therein, or her
power to execute such agreement to any person, company or corporation without
prior consent of the SOCC.
9. Compliance with laws - Nondiscrimination: Yoga by the Sea shall comply with all
federal, state and local laws and ordinances applicable to the work or payment for
work thereof, and shall not discriminate on the grounds of race, color, religion, sex,
age, gender identification, or national origin in the performance of work under this
Agreement. This Agreement shall be subject to all federal, state, and local laws and
ordinances.
10. Governing LawNenue: This Agreement shall be governed and construed by and
in accordance with the laws of the State of Florida and the County of Monroe and
Federal law. Venue for any dispute concerning this Agreement shall be in Monroe
County .
11. Severabilitv: If any provision of this Agreement shall be held by a Court of
competent jurisdiction to be invalid or unenforceable, the remaining provisions
shall not be affected thereby; and each provision of this Agreement shall be valid
and enforceable to the fullest extent permitted by law.
12. Ethics Clause: Yoga by the Sea warrants that it has not employed, retained or
otherwise had act on its behalf, any former County officer or employee in violation
of Section 2 or Ordinance No. 10-1990 or any County officer or employee in
violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the
provision the County may, at its discretion, terminate this agreement without
liability and may also, at its discretion, deduct from the agreement or purchase
price, or otherwise recover, the full amount of any fee, commission, percentage,
gift, or consideration paid to the former or present County officer or employee.
13. Public Entity Crimes: "A person or affiliate who has been placed on the convicted
vendor list following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public entity for the 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, for CATEGORY TWO for period of 36 months from the date of being
placed on the convicted vendor list."
3
14. Entire Aareement: The parties agree that the Agreement above constitutes the
entire agreement between the BOCC and Yoga by the Sea.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
(SEAL)
Yoga by the Sea
By
MEGHAN COLE
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
-' . ,-- r AJToc;t'IC",
Ml()\\1Fl()[: CUU~\j i '. I u'..~ j
APPJ3.0VED^:l.Jl~
-- iLANNE A. HUTTON
AS,,'STi\'~\E~;r%~}TOR~EY. _~.
'Jatc___-___.- 'r'tl2f~a;F ~~~
4
BOABD 01' COUNTY COMMI88IONERS
AGENDA J'lBM SUMMARY
Meedf\I DatE A;prJl17 &: 18, ~2
[)ivJaiDD:
~& Warb
Bulk Item: Y. X
No_
Depa&tme.Dt
PfPI"litMt Vai~
f 1""""1
AGENDA l'I'DIWOllD1NGI
AU1.hoIfation tot Y9 by tM Sea to modi:t)rtbeir ~ fbr theme oftbe ~ Bead1 pLdrDrJD.
1TBM BACKGROUl'ID:
Yo. by tho Sea 1-A"aJ. DOCC appowI to use the plattbrm at HiIP BIIlOh IiDoo JUDO 14. 2000.
Propolll to -..xl their bQureI of or-atioD and em,. per week due to Il1IdeIlt requestI and to DIXHfY
tbeft pa)'IDSlt to BOCC to a f1&t monthly :h. "
PDVIOUI UVBLANT BOCC ACJ1ON:
On JUDO 14, 2000, tho BOCC pnted anthorl2ation :fbr Yop by the Sea to lIIiJim the plIUbrm. at HJas
Be8ch.
I
CONT.RAClIAGBBIMBNT CBANGBS:
To cbIItp from Sewn ('1) ~ per week to BIevea (11) r111MM per week (md) 10m One md 0nrJ.
Ha1t'(1 ~) bovn par .c:iIIioD to Two (2) hours por 1ClIIfon, and &:om TeD DoJIIrs (SlMO) per &eSIioIl
payIbJe to BOCC. to 8. flat lie of Four HUDdred Dollars (1400.00) per IlDIJth payable to BOCC.
STAn'RBCOMMENDA.110NS:.
Approval. ttatedabow.
'IOTAL COST: SOJlQ
COST 10 COmnY= l'liA
RI'rVENVB P.RODVClNC: Yes ~ No_AMO'lJNr PElt. MO~ Yeai' _
BUJ')GETI'Dz Vel !itA No l:llA
APPROVBDBY: CoumyAtty_ OMlJ.lPu.mbe8ma_ RJat~_
ITEM l'IW'AllBD BY. ~ .(;J. t.: .
]0 W. KIng. AetiDg Sr.~ Lower ~ ()pentions
DIVISION DJUCl'ORAPl'ROVALo tZ:::;;.;./J.- '-
. DeDt PIerce, ofPubIic WodcB
DOCVMENTATJON:
1ncJucIod X
To Pollow
Not Required
BOARI) OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
M~eting Date: J uoe 14/15. 2000
Division: Public Works
8ulk Itcm: Yes: ~
No:
Department: Facilities Maintenance
Agenda Item Wording:
Authorization for YOGA BY THE SEA to utili:re the wood platform at Higgs Beach.
i
Itern B4ckground:
A group of friends began practicing yoga on the beach two years ago. During the post two
years, this group has expanded to a steady class of five - ten participants per class.
Donations are accepted to purchase t1\ats. blankets and/or other yogo equipment. Yoga by
the Sea is requesting to utilize the wood platform at Hig9s Beach ten alld one-half (10 H
hours per week'(l t hours per day) to practIce yoga and has proposed to pay Monroe County
$10.00 per session for use of said property. This arrangement will provide limited use of
wood platform (Ii hours per day). Under current Use of County Property rules & regulations
it would cost more money than Yoga by the Sea can afford to pay and would put this class
out of business.
Prcvious Rclcvant BOCC Action:
None
Stoff Recommendation:
Approval as stated above.
Total Cost: $0.00
Cost To County: $0.00
8udgded: Yes: N/A No: N/A
Cost Center:
Revenue Producing: Yes: LNo _ Amount per Month: @ $300.00 Year: $3.640.00
Approved By: County A tty:
OMB/Purchasing:
RiSk Mgmt:
arlo$ Zara.~~..... Directo~ of Fa~aintena:ce
Divi'iO. DirC!'tor Approval: U/~ ~ ~ ::,-p / / DC)
Dent Pierce, Director of Public Works
Documchtafion: Included~ _X_
Disposition: at t,.nu.).
To Follow:
Not Required; _
Agendo Item #;
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