Item D23 D23
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
Board of County Commissioners Meeting
July 19, 2023
Agenda Item Number: D23
2023-1255
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson
No
AGENDA ITEM WORDING: Approval of a License Agreement with Big Pine Key Chapter#2466
of AARP, Inc. for use of the Big Pine Key Community Center located in the shopping center at 201
Key Deer Blvd., Unit C1-3, with an initial three (3)year term and two (2)renewal options of one year
each.
ITEM BACKGROUND:
The Big Pine Key (BPK) Chapter#2466 of AARP, Inc. (AARP) has traditionally used the senior
center, colocated at the BPK fire station property, with the County's congregate meal site. Historically,
the AARP has managed its activities and access to the center for its many subgroups. The County now
has leased a portion of the BPK shopping center for use as a congregate meal site and community
center. The AARP wishes to operate its activities at that site.
There is precedent for having a license agreement with a community group to manage access for several
of its subgroups. The Friends of the Key Largo Cultural Center has represented several community
groups at the Murray Nelson Government and Cultural Center for nearly a decade with success. This
agreement parallels that agreement for the BPK AARP to utilize the BPK Community Center in a
similar manner. Staff seeks approval of the License Agreement for an initial three (3) year term and an
option to renew for two (2) additional one-year terms.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
New contract
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
1927
License Agreement (BPIF AARP) (Rev Final legal stamped-partially executed).pdf
FINANCIAL IMPACT:
Effective Date: July 20, 2023 (unless renewals are exercised for two additional one-year terms)
Expiration Date: July 19, 2026
Financial Impact: N/A
Insurance: COI for general liability to be provided upon BOCC approval.
Additional Details: The initial term is for three (3) years with the option for two (2) additional one-
year renewals. There is no rental fee being charged. AARP is to provide an annual report to the County
reflecting its use of the premises, revenue, and expenses as per the Agreement.
1928
LICENSE AGREEMENT
(Big Pine Key Community Center
at Big Pine Key Shopping Center)
This Agreement is made and entered into this 19th day of July, 2023, by and between
MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter
"COUNTY," 1100 Simonton Street, Key West, Florida 33040, and BIG PINE KEY CHAPTER
#2466 OF AARP, INC., hereinafter "LICENSEE" or "BPK AARP" a Florida Not-for-Profit
Corporation, whose principal address is 30451 Lyttons Way, Big Pine Key, Florida 33043-4901,
for management and operation of a variety of community and cultural programs at the Big Pine
Key Community Center at the Big Pine Key Shopping Center, hereinafter "BPK Community
Center".
WITNESSETH:
WHEREAS, the Big Pine Key Community Center at the Big Pine Key Shopping Center,
hereinafter"BPK Community Center"or"Premises," at 201 Key Deer Blvd.,Unit C1-3, Big Pine
Key, Florida 33043, was leased by the COUNTY in March 2023 for use by the COUNTY as a
congregate meal site and use by the public for community activities; and
WHEREAS, the BPK AARP was organized for the purpose of creating and operating
social and cultural activities for the community; and
WHEREAS, it is a legitimate public purpose to provide facilities and services for
recreational and cultural uses and social functions of the community; and
WHEREAS, the COUNTY does not have the funds to hire an employee to be responsible
for developing, programming, and organizing recreational, cultural, and related activities for the
BPK Community Center; and
WHEREAS, the BPK AARP has offered to assist the COUNTY in developing and
managing recreational, cultural, charitable and recreational community events, and programming
for the BPK Community Center: and
WHEREAS, the COUNTY has determined that it is in the best interest of the public for
the BPK AARP and any other individual or organization to use the BPK Community Center at
limited cost; and
WHEREAS,the COUNTY routinely allows its facilities to be used by other governmental
agencies, not-for-profit entities, and individuals upon submission of a Request For Use document
and appropriate insurance and indemnification documents; and
WHEREAS, the BPK AARP want to have assurances of the ability to regularly use the
Premises for recreational, cultural, charitable, and educational community events; and
WHEREAS, it is necessary for the COUNTY to also preserve its ability to utilize the
Premises for any governmental functions if it should become necessary;
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NOW, THEREFORE, in consideration of the covenants hereinafter to be kept and
preformed, the COUNTY and the LICENSEE agree that the LICENSEE shall manage and
schedule recreational, cultural, charitable, and educational community events, and other related
activities as follows:
1. PREMISES. The premises which are the subject of this Agreement is the BPK
Community Center with access to bathrooms, located at 201 Key Deer Blvd,Unit C1-3, Big Pine
Key, Florida 33043-4901.
2. TERM. The term of this Agreement shall be a three (3)year period commencing July 20,
2023and terminating on July 19, 2026. The COUNTY shall have the option to renew this
Agreement for up to an additional two (2) one-year periods, exercisable upon written notice given
at least sixty (60) days prior to the end of the initial term. Unless the context clearly indicates
otherwise,references to the"term"of this Agreement shall mean the initial term of three(3)years.
The County is not required to state a reason if it elects not to renew. On or before the end of the
term of this Agreement, the COUNTY shall consider the regular reports of LICENSEE regarding
their uses and participation by the public, and COUNTY staff information regarding any issues,
including but not limited to, adequacy of LICENSEE's insurance coverage, facility maintenance,
and utility costs in excess of fees received from LICENSEE. The COUNTY, in its discretion,may
extend this Agreement for a time period to be determined upon determining that the uses of the
Premises by LICENSEE are in the best interest of the public, and upon written approval by both
parties. Any extension of this Agreement may modify the terms of this Agreement as set forth in
writing and executed by both parties.
3. USE OF PREMISES. The BPK Community Center shall be actively used to provide
recreational, cultural, and related programs for the Lower Keys area on a coordinated basis with
COUNTY staff to ensure that no COUNTY government functions are displaced as a result of
programs scheduled by LICENSEE. During the operation of programs, the LICENSEE will be
held responsible for reasonable supervision of the programming area, including security against
predators for children and the elderly for any programs provided for same. If the LICENSEE
observes any activity which it reasonably believes to be a nuisance or an illegal activity, including
alcoholic beverages or unlawful narcotics being possessed, used, or consumed by persons on the
premises,the LICENSEE will promptly contact the Facilities Maintenance representative listed in
Section 25 of this Agreement and the Monroe County Sheriffs Office. LICENSEE may serve
liquor on the premises only at such functions as it provides the COUNTY with a liquor license and
evidence of liquor liability insurance coverage with the COUNTY being named as an additional
insured.
4. HOURS OF OPERATION. LICENSEE's programs are not limited to the hours that the
BPK Community Center is regularly open. LICENSEE's programs shall take place only during
the hours scheduled in advance between the parties and approved in advance in writing by the
COUNTY Administrator or his designee. Arrangements will be made by the COUNTY to provide
the LICENSEE with keys to the front entrance. Other equipment in the facility is expressly
reserved for COUNTY purposes and shall not be moved, operated, or otherwise accessed by
LICENSEE without prior written approval by the County Administrator or his designee for
specified uses on an event-by-event basis, for which County staff will activate and deactivate the
equipment remotely. LICENSEE may use the COUNTY's facilities use form to request specific
permissions for equipment use.
BPK AARP Licensee July 2023 2
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5. SCHEDULING OF ACTIVITIES. For purposes of this Agreement, the term "activities"
shall include performances, programs, events, and any other term related to BPK AARP 's use of
the Premises. LICENSEE will schedule all its activities at the BPK Community Center in
coordination with the COUNTY's Facilities Maintenance coordinator for the BPK Community
Center and secure a written schedule approved in writing by the COUNTY Administrator before
the BPK AARP'S programs or events are held at the BPK Community Center. The LICENSEE
will be exempt from liability for incidents not directly related to LICENSEE scheduled activities
and/or events, unless due to its own negligence or omission. Further, LICENSEE agrees to the
COUNTY having the right to take precedence in scheduling authorized activities or events, with
notice by the COUNTY to LICENSEE prior to the time that the LICENSEE has begun to advertise
an event(s)and/or prior to the time that LICENSE has made financial commitments for the event(s)
unless a governmental agency needs the building for purposes of responding to an imminent or
existing disaster. In the event that a governmental entity needs to use previously scheduled
facilities of the BPK Community Center, COUNTY will make every reasonable effort to
reschedule the LICENSEE'S event at the LICENSEE's convenience. In addition, LICENSEE
acknowledges that COUNTY use of the BPK Community Center may be required during
scheduled public elections. LICENSEE shall not schedule any events during these times and shall
coordinate scheduling of all other events with the Facilities Maintenance coordinator so that the
LICENSEE does not schedule an event for a date already scheduled for another use.
6. FEES AND PROGRAMS. LICENSEE shall establish its program fees and shall provide
such information to COUNTY in its annual reports. No participant will ever be turned away from
the LICENSEE'S programs unless such participant fails to pay the applicable fees for such
program or fails to meet program eligibility and participation requirements. Should the
LICENSEE decide to establish program eligibility requirements (such as residency, medical
condition, age, etc.), the requirements shall be drafted and submitted to the COUNTY and shall
not be effective until approved in writing by the County Administrator or the Board of County
Commissioners. The LICENSEE agrees to offer programs at reasonable rates and to allow all
persons into their programs as long as they pay the required fees.
7. PROGRAM REVENUES. LICENSEE shall provide COUNTY with an annual report of
revenues generated at the BPK Community Center. The annual reports shall include revenues and
expenditures related to the LICENSEE's activities at and use of the BPK Community Center, and
shall include statistical information including, but not limited to: the numbers of attendees at the
programs sponsored by LICENSEE,number of hours/time duration of each event,performers, and
other participants in the provision of the programs at the BPK Community Center. It is the intent
of both parties that costs related to increased maintenance and repairs of the BPK Community
Center, due to the increased use by LICENSEE, not be borne by county-wide taxpayers but shall
be paid by LICENSEE. The LICENSEE shall not be responsible for ordinary wear and tear of the
facilities. All LICENSEE revenue records and accounts for programs at the BPK Community
Center must be kept according to generally accepted accounting principles and made available
during regular business hours (Monday-Friday, 9:00 a.m. - 5:00 p.m., holidays excepted) to
auditors employed by either Monroe County or the State of Florida. The LICENSEE shall be given
reasonable notice of the request for review of the revenue records and accounts for programs. If
an auditor employed by the COUNTY or the State determines that the LICENSEE records and
accounts contain substantial and material misrepresentations and/or substantial and material
omissions of revenue generated at the BPK Community Center, the COUNTY may terminate this
Agreement immediately for cause.
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8. REIMBURSEMENT TO COUNTY FOR CERTAIN COSTS. During the initial term of this
Agreement, LICENSEE shall reimburse COUNTY for costs, if any of personnel necessary to
accommodate the opening, closing, and cleaning of the BPK Community Center at times other
than regularly scheduled hours of the personnel. Further, should any act or omission of
LICENSEE result in damage to the Premises, BPK AARP will reimburse the COUNTY for its
costs upon presentation of an invoice and supporting documentation for repairs. Any extension of
this Agreement shall incorporate any other reimbursement or fees that LICENSEE shall be
required to provide. LICENSEE is authorized to directly hire County employees to accommodate
the opening, closing, and cleaning of the BPK Community Center, but shall also be authorized to
hire non-County personnel to handle necessary cleaning. In the event that LICENSEE hires any
County employees for any services to be performed at the BPK Community Center, the employee
shall be required by LICENSEE to sign a notarized statement that he/she understands that he/she
is being hired by LICENSEE as an independent contractor and therefore the individual employee
cannot use any supplies or equipment that the employee would use in his/her County job, and the
employee cannot work for LICENSEE in any manner that interferes with his/her County job, in
accordance with County Personnel Policies and Procedures.
9. SIGNAGE. The LICENSEE shall install signs only upon approval, in writing, by the
Building Administrator, contingent upon LICENSEE receiving any necessary permits from the
Planning or Building Departments, as well as appropriate approvals and clearances from utility
companies, if needed.
10. COMPLAINTS. LICENSEE shall inform COUNTY immediately of any incidents,
accidents, and calls to law enforcement, and shall cooperate in any investigation of complaints
about the use or condition of the BPK Community Center.
11. IMPROVEMENTS. The COUNTY may remodel, renovate, or reconstruct any part of the
Premises; provided that if such remodeling, renovation, or reconstruction prevents or materially
interferes with the LICENSEE'S use of the Premises, LICENSEE shall be given notice at least
sixty (60) days in advance of the commencement of the remodeling,renovation, or reconstruction,
and shall give notice to LICENSEE of the prospective project upon issuing a competitive selection
solicitation for any work which could disrupt the scheduled events, which should be in the range
of one hundred twenty (120) to one hundred eighty (180) days in advance of commencement of
the project. The COUNTY shall consider the existing schedule for the use of the Premises in
timing the remodeling,renovation, or reconstruction of any part of the Premises. The LICENSEE
may only make such improvements as are approved by the COUNTY in writing.
12. MAINTENANCE. COUNTY staff will perform and be responsible for all maintenance of
the buildings and improvements at the BPK Community Center and will maintain and stock the
bathrooms daily. To the extent set forth under Florida Statutes, Section 768.28,the COUNTY will
accept any and all responsibility for accidents and incidents related to maintenance, repairs, and
renovation of the facility unless caused by LICENSEE'S negligence. In the event that the
LICENSEE observes any conditions on site which it reasonably believes are dangerous, the
LICENSEE shall promptly contact the County representative indicated in Section 25 of this
agreement.
13. FUNDRAISING. All fees charged and funds raised in connection with the BPK AARP 'S
activities at the BPK Community Center shall be accounted for and reported to the COUNTY in
the LICENSEE's annual report. LICENSEE shall provide to COUNTY financial records for all
income and expenditures in its annual report. Any funds collected by the LICENSEE through
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program fees and fundraising activities at the BPK Community Center shall be used for funding
future events or to benefit the BPK Community Center. While the LICENSEE agrees that all fees
and funds raised shall be used to produce services and programs or to benefit the BPK Community
Center, it shall be the choice of the LICENSEE as to how the funds contributed to the COUNTY
shall be used. Alternatively,the LICENSEE shall be permitted to use the fees and funds raised for
purchasing equipment or other items that are then contributed to the COUNTY. The LICENSEE
will be responsible for the collection of the above-mentioned fundraising and fees but shall have
no obligation to pursue any person for collection of bounced checks or other non-payment. Any
audit by COUNTY or its agents which discloses improper application of such funds to any use
other than the uses permitted by this Agreement shall be paid to COUNTY by the LICENSEE. It
is also understood that the LICENSEE may use a reasonable portion of the fees and funds for
expenditures including, but not limited to, expenses such as office rent for an office off of the
Premises of the facility or facility usage fees and/or rent for events which cannot be scheduled at
the BPK Community Center. The LICENSEE may also conduct charitable events on its own or
in cooperation with other not-for-profit entities and use the fees and fundraising related to the
charitable event for the benefit of the stated charitable purpose of the BPK AARP.
14. ACCOUNTING/INSPECTION OF BOOKS/ANNUAL AUDIT. The LICENSEE shall
maintain its financial records in accordance with generally accepted accounting principles and
allow the COUNTY to inspect its books and records at any reasonable time upon reasonable
advance notice, generally 9:00 AM to 5:00 PM,Monday through Friday (holidays excepted),upon
at least ten (10) calendar days' notice, unless otherwise arranged through mutual accord. The
LICENSEE shall provide a copy of its annual IRS Form 990 or other required filings within one
(1) week of it being filed with the Internal Revenue Service. The LICENSEE shall retain all
records pertaining to this Agreement for a period of four(4)years after the term expires.
15. CANCELLATION/TERMINATION. Either parry may give notice to the other parry of
breach of the terms of this Agreement. If the noticed breach is not cured within thirty (30) days
of receipt of the notice, the non-breaching parry may terminate the Agreement effective fifteen
calendar days after notice that the breach has not been cured and notice of the termination. Any
waiver by either parry of any covenants of this Agreement shall not be deemed or considered to be
a continuing waiver and shall not operate to bar or prevent either parry from declaring a forfeiture
for any succeeding breach either of the same conditions or of any other conditions. Either parry
may cancel this agreement without cause by providing at least one hundred eighty (180) days prior
written notice to the other parry. All contractual obligations of either party remain in full force
up to the effective date of termination. Both parties shall remain liable after termination of this
Agreement for all obligations, including but not limited to, any outstanding payments,through the
effective date of termination.
16. RETURN OF PREMISES. At the end of the term of this Agreement or any extensions
thereof, the LICENSEE shall vacate and peacefully surrender the premises to the COUNTY.
17. INDEPENDENT LICENSEE. At all times and for all purposes hereunder,the LICENSEE
is an independent LICENSEE and not an employee of the Monroe County Board of County
Commissioners. No statement contained in this management Agreement shall be construed so as
to find the LICENSEE or any of its employees, licensees, servants, or agents to be employees of
the Board of County Commissioners.
18. INDEMNIFICATION AND HOLD HARMLESS. The LICENSEE covenants and agrees to
indemnify and hold harmless Monroe County Board of County Commissioners,its officers,agents,
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servants and employees, from any and all claims for bodily injury (including death), personal
injury, and property damages (including property owned by Monroe County), ordinary wear and
tear excepted, and any other losses, damages, and expenses (including reasonable attorney's fees)
which arise out of, in connection with, or by reason of services provided by the LICENSEE or any
of its sub-licensee(s) in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of the LICENSEE or its sub-licensees in any tier, their employees, or agents except to
the extent the claims, actions, cause of action, litigation,proceedings, costs or expenses arise from
the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents,
contractors or invitees (other than LICENSEE). In the event that the LICENSEE's service is
delayed or suspended as a result of the LICENSEE'S failure to purchase or maintain the required
insurance, the LICENSEE shall indemnify the COUNTY from any and all increased expenses
resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the LICENSEE
is for the indemnification provided above. The extent of liability is in no way limited to, reduced,
or lessened by the insurance requirements contained elsewhere within this Agreement. Insofar as
the claims, actions, causes of action, litigation, proceedings, costs, or expenses relate to events or
circumstances that occur during the term of this Agreement,this section will survive the expiration
of the term of this Agreement or any earlier termination of this Agreement.
19. INSURANCE. Prior to the LICENSEE commencing its operations at the BPK Community
Center under this Agreement, the LICENSEE shall obtain, at its own expense, insurance as
follows:
a. General Liability Insurance. Coverage shall be maintained throughout the life of this
Agreement and include, at a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
• Liquor Liability
The minimum limits acceptable shall be:
$300,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 200,000 per Person
$ 300,000 per Occurrence
$ 200,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provision should include coverage for claims filed on or after the effective date of this Agreement.
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, 1100 Simonton Street, Key West, Florida
33040, shall be named as Additional Insured on all policies issued to satisfy the above
requirements.
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Coverage shall be provided by a company or companies authorized to transact business in the State
of Florida and acceptable to the COUNTY.
The LICENSEE shall maintain the required insurance throughout the entire term of this
management Agreement and any extension specified in the attached schedules. Failure to comply
with this provision may result in the immediate termination of the management Agreement and
the return of all property owned by the COUNTY.
The LICENSEE 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
policies required by this Agreement.
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 prior notification is given
to the COUNTY by the insurer.
The acceptance and/or approval of the LICENSEE'S insurance shall not be construed as relieving
the LICENSEE from any liability or obligation assumed under this management Agreement or
imposed by law.
The Monroe County Board of County Commissioners will be included as an "Additional Insured"
on all policies including the policies of all organizations utilizing the BPK Community Center for
scheduled programs. Subject to review and agreement by the LICENSEE'S insurance carrier, the
COUNTY will also be named as "Loss Payee"with respect to Fire Legal Exposure.
Any deviations 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.
20. COMPLIANCE WITH LAW. In providing all services pursuant to this management
Agreement, the LICENSEE shall abide by all statutes, ordinances, resolutions, and rules and
regulations pertaining to or regulating the provisions of such services, including those in effect and
those hereinafter adopted. Any violation of said statutes, ordinances, resolutions or rules and
regulations shall constitute a material breach of this Agreement and shall entitle the COUNTY to
terminate this Agreement if such breach remains uncured thirty (30) days after delivery of written
notice of termination to the LICENSEE. The COUNTY may thereupon remove from the Premises
any personal property of the LICENSEE.
21. NO ASSIGNMENT. The LICENSEE shall not assign this Agreement except in writing
and with prior written approval of the Board of County Commissioners, which approval shall be
subject to such conditions and provisions as the Board may deem necessary. Any assignment of
this Agreement is subject to sixty (60) days' prior written notice to the COUNTY, which shall
agree to the assignment in writing before it is effective. This Agreement shall be incorporated by
reference into any assignment and any assignee shall comply with all provisions herein. Unless
expressly provided for therein, such approval shall in no manner or event be deemed to impose
any additional obligation upon the COUNTY.
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22. NON-DISCRIMINATION. COUNTY and LICENSEE agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any parry, effective the date of the court order.
COUNTY and LICENSEE agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in
employment on the basis of race, color, religion, sex, or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of disability; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination
on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended,relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616) as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public
Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8)Title VIII of the Civil Rights
Act of 1968 (42 USC s. 3601 et seq.) as amended, relating to nondiscrimination in the sale, rental
or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note,
as maybe amended from time to time, relating to nondiscrimination on the basis of disability;
10)Monroe County Code Chapter 14, Art. II, which prohibits discrimination on the basis of race,
color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal
or state statutes which may apply to the parties to, or the subject matter of, this Agreement.
23. AUTHORIZED SIGNATORY. The signatory for the LICENSEE, below, certifies and
warrants that:
a) The LICENSEE'S name in this management Agreement is its full name as
designated in its corporate charter, if a corporation, or the full name under which
LICENSEE is authorized to do business in the State of Florida.
b) He or she is empowered to act and contract for the LICENSEE.
c) This Agreement has been approved by the Board of Directors of the LICENSEE.
24. NOTICE. All written correspondence to the COUNTY shall be dated and signed by an
authorized representative of the Licensee. Any notice required or permitted under this Agreement
shall be in writing and hand-delivered, delivered by a national courier service with overnight
delivery and signed receipt, or mailed,postage pre-paid,by certified mail,return receipt requested,
to the other parry as noted below. The place of giving notice shall remain the same as set forth
herein until changed in writing in the manner provided in this paragraph. Notice is deemed
received by LICENSEE when hand delivered by national courier service with proof of delivery or
by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery.
Notice shall be sent to the following persons:
FOR COUNTY FOR LICENSEE
Monroe County Facilities Maintenance Jim Olsen
123 Overseas Hwy. —Rockland Key 30451 Lyttons Way
Key West, Florida 33040 Big Pine Key, Florida 33043
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And
Monroe County Administrator
1100 Simonton St., Rm. 2-205
Key West, Florida 33040
And
Monroe County Attorney
1111 121h Street
Suite 408
Key West, Florida 33040
25. CONTACT PERSONS. The following, or their designees, are the contact persons in
connection with this License Agreement:
FOR COUNTY FOR LICENSEE
Sheryl Graham, Director of Social Services Jim Olsen
Office Phone: 305-292-4510 Phone: 262-455-8609
Cell Phone: 305-304-9899
If not available: If not available:
Social Services Mike Coppola
Office Phone: 305-292-4408 Cell Phone: 305-747-8350
Or
John Allen, Director of Parks & Beaches (for scheduling purposes)
Office Phone: 305-289-2867
Cell Phone: 786-847-3358o
Or
County Administrator's Office
Office Phone: 305-292-4441
And
Facilities Maintenance Contract Monitor
123 Overseas Hwy. —Rockland Key
Key West, Florida 33040
(305)292-4549
26. 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 management
Agreement shall be in Monroe County, Florida. This Agreement is not subject to arbitration.
27. NON-WAIVER. Any waiver or any breach of covenants herein contained to be kept and
performed by either party shall not be deemed or considered as a continuing waiver and shall not
operate to bar or prevent the other parry from exercising any of its remedies under this Agreement,
at law or in equity for any succeeding breach, either of the same condition or covenants or
otherwise.
28. FUNDING AVAILABILITY. In the event that COUNTY incurs increased costs for
utilities, maintenance and repairs beyond the amounts budgeted in the Facilities Maintenance
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portion of the Facilities Maintenance budget, then COUNTY shall give notice to LICENSEE of
the lack of funding and work with LICENSEE to either terminate the Agreement as soon as is
feasible given the existing schedule of events, but no longer than one hundred eighty (180) days,
or this Agreement may be re-negotiated prior to its termination in order for LICENSEE to pay
those costs.
29. PUBLIC ENTITIES CRIME STATEMENT. 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,
proposal, or reply on a contract to provide any goods or services to a public entity, may not submit
a bid, proposal, or reply on a contract with a public entity for construction or repair of a public
building or public work, may not submit bids on leases of real property to a public entity, may not
be awarded or perform work as a LICENSEE, supplier, sub-licensee, 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, Florida Statutes, for CATEGORY TWO for a
period of thirty-six (36) months from the date of being placed on the convicted vendor list.
30. FORCE MAJEURE. If either party shall be delayed or hindered in, or prevented from, the
performance of any work, service, or other act or obligation required under this Agreement to be
performed by such parry and such delay or hindrance is due to a strike, lockout, or other labor
difficulty,fire or other casualty, condemnation,war,terrorist or other enemy act, civil commotion,
riot, insurrection, a tropical storm or hurricane watch, warning or evacuation, other atypically
inclement weather (based on historical weather data), other act of God, the requirements of any
local, state or federal law, rule or regulation or other cause of a like nature (other than financial)
beyond the control of the parry so delayed or hindered, then performance of such work, service or
other act or obligation shall be excused for the period of such delay and the period for the
performance of such work, service or other act or obligation shall be extended for a period
equivalent to the period of such delay.
31. ENTIRE AGREEMENT. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings, oral or written,
with reference to the subj ect matter hereof that are not merged herein and superseded hereby. Any
amendment to this Agreement shall be in writing, approved by the Board of County
Commissioners, and signed by both parties before it becomes effective.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
BPK AARP Licensee July 2023 10
1938
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By: By: .__.. ....... ....._ --
As Deputy Clerk Mayor/Chairman
Witnesses BIG PINE KEY CHAPTER#2466 OF AARP,
INC.
.r1 _
By:
traes�s 1 ��' President
Printed Name of Witness 1
Printed Name
wit
Pr aait c Name of Witness 2 (�
MONROE cOuM A17ORNEY'9 OFFICE
ASSISTAIqT COtlN"1"P'ATTORNEY
DAM 7/312023
BPK AARP Licensee July 2023 11
1939