05/16/2001
LEASE AGREEMENT
THIS AGREEMENT, made this 16th day of Mav, 2001, by and between THE BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (hereinafter referred to as
BOCC or lessor) and CATHOLIC CHARITIES OF ARCHDIOCESE OF MIAMI, (hereinafter
referred to as the lessee), a not-for-profit corporation incorporated in the State of Florida.
WHEREAS, the BOCC has approved to make limited, temporary office space available
to nonprofit organizations serving the County community on the condition that the
organizations are responsible for their own cleaning, telephone and similar costs and provide a
reasonable payment to the County for the cost of electricity; and
WHEREAS, the lessee provides emergency supplies and relief items in the event of a
hurricane or disaster in Monroe County;
WHEREAS, the SOCC has determined that it is in the best interests of Monroe County
to enter into this agreement;
NOW, THEREFORE, for and in consideration of the mutual covenants contained
herein, the parties agree as follows:
1. Contract Term and Sum. This agreement is for the period commencing June 1,
2001, through December 31,2001, unless ear1ier terminated pursuant to paragraphs 7 or 23
below. The lessee hereby agrees to pay the SOCC the sum of $100.00 per month for utility
consumption and upkeep costs.
2. Scope of Services. The lessee shall provide the emergency supplies and relief
items in the event of a hurricane or disaster in Monroe County as is necessary to accomplish
within Monroe County the goals and purposes set forth by the lessee. The lessee shall install
its own equipment, and provide for its own upkeep and janitorial service.
3. SOCC Responsibilitv. The BOCC shall direct its Administrator, Department
Heads, County Attorney and staff to provide certain facilities and support to the lessee as can
be provided without requiring an increase in personnel or any purchase or lease of real
property. The SOCC shall provide to the Lessee, within the aforementioned limitation, as well
as all rules applicable to County, the following:
One existing warehouse bay consisting of 682 square feet of space, in as is
condition, located on the property of the Key Largo Recycling Yard, 300
Magnolia Street, Key Largo, Florida, as further depicted in the attached map
marked as Exhibit "A."
4. Records - Access and Audits. The Lessee shall maintain adequate and
complete records for a period of four years after completion of any event or program. The
SOCC shall have access to the books, records, and documents of the Lessee. The access to
and inspection of such books, records and documents by the SOCC shall occur at any
reasonable time.
5, Relationship of Parties. The Lessee is, and shall be, in the performance of all
works, services and activities under this Agreement, an independent contractor and not an
employee, agent or servant of the BaCC. The Lessee shall exercise control, direction, and
supervision over the means, manner, personnel and volunteers through which it performs the
work. Although this Agreement is a cooperative agreement, similar in many respects (but not
all) to a partnership, the Lessee shall have no authority whatsoever to act on behalf and/or as
agent for the BaCC in any promise, agreement or representation other than specifically
provided for in this Agreement. The BaCC shall at no time be legally responsible for any
negligence on the part of the Lessee, its employees, agents or volunteers resulting in either
bodily or personal injury or property damage to any individual, property or corporation.
6. Modification. Additions to, modification to, or deletions from the provision of this
contract may be made only in writing and executed by the BaCC. No modification shall
become effective without written approval of both parties.
7. Breach and Penalties. The parties agree to full performance of the covenants
contained in this contract. Both parties reserve the right, at the discretion of each, to terminate
the services in this contract for any misfeasance, malfeasance or nonperformance of the
contract terms 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 same conditions or covenants or otherwise,
8. Insurance ReQuirements. The Lessee shall carry, during the term of this
agreement, 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 requirements of the Insurance
Requirement Attachments hereto and marked as Exhibit "B." Monroe County shall be named
as an additional insured under the insurance policy and such insurance shall be primary and
non-contributing with any insurance carried by the BaCC. The Lessee shall fumish the
County with a certificate evidencing the insurance required by this paragraph at the time of
execution of this Agreement.
9, Indemnification and Hold Harmless. The Lessee shall indemnify and hold
harmless the BaCC, their departments, agencies, officials, employees, agents, servants and
contractors against any claims, liabilities and expenses (including reasonable attorney's fees)
arising as a result of any direct and/or indirect action of the Lessee, its employees, agents,
servants, volunteers and/or contractors in the performance of the terms of this agreement or
otherwise related to activity conducted in the furtherance of this agreement except to the
extent that, in the case of any act of negligence, the Lessee reasonably relied upon material or
services supplied by the BaCC or any employee of the BaCC. The Lessee shall immediately
give notice to the BaCC of any suit, claim or action made against it that is related to any
activity under this Agreement and will cooperate with the BaCC in the investigation arising as
a result of any suit, claim or action related to this Agreement.
10. Permits. The Lessee shall secure all required permits and/or licenses
necessary to carry out any of the services rendered under this Agreement.
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11. Laws and Regulations:
a) This Agreement shall be construed by and governed under the laws of the State of
Florida unless in an area of law pre-empted by federal law. The Lessee agrees for venue of
any dispute to lie in Monroe County, Florida,
b) The Lessee 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 or national origin in the performance of work under this
Agreement.
c) Any violation of said statutes, ordinances, rules, regulations and executive orders
shall constitute a material breach of this Agreement and shall entitle the SOCC to terminate
this Agreement immediately upon delivery of written notice to the Lessee,
12. Taxes. The SOCC is exempt from Federal, Excise and State of Florida Sales
Tax.
13. Finance Charges. The SOCC will not be responsible for any finance charges.
14. Severabilitv. If any provision of this contract shall be held by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this contract, or the
application of such provision other than those as to which it is invalid or unenforceable, shall
not be affected thereby; and each provision of this contract shall be valid and enforceable to
the fullest extent permitted by law.
15. Force Maieure. The Lessee shall not be liable for delay in performance or
failure to perform in whole or in part, the services due to the occurrence of any contingency
beyond its control or the control of any of its sub-contractors or suppliers, including labor
dispute, strike, labor shortage, war or act of war, whether an actual declaration thereof is made
or not, insurrection, sabotage, riot or civil commotion, act of public enemy, epidemic,
quarantine restriction, accident, fire, explosion, storm, flood, drought or other act of God, act of
any governmental authority, jurisdictional action, or insufficient supply of fuel, electricity, or
materials or supplies, or technical failure where the Lessee has exercised reasonable care in
the prevention thereof, and any such delay or failure shall not constitute a breach of the
Agreement. The Lessee shall notify the SOCC of any delay or failure to perform within five (5)
days of such action. Upon demand of the SOCC, the Lessee must furnish evidence of the
causes of such delay or failure.
16, Assignment. The Lessee shall not assign, transfer, sublease, pledge,
hypothecate, surrender, or otherwise encumber or dispose of this contract or any estate
created by this contract or any interest in any portion of the same, or permit any other person
or persons, company or corporation to perform services under this contract without first
obtaining the written consent of the SOCC. In the event of such consent, this agreement shall
be binding upon the Lessee's successors and assigns,
17. Disclosure. The Lessee shall be required to list any or all potential conflicts of
interest, as defined by Florida Statutes Chapter 112, Part III and the Monroe County Ethics
Ordinance. The Lessee shall disclose to the SOCC all actual or proposed conflicts of interest,
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financial or otherwise, direct or indirect, involving any client's interest which may constitute a
conflict under said laws.
18. Additional Conditions. The Lessee agrees to accept additional conditions
goveming the use 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 the SOCC. Such additional
conditions shall not become effective until the Lessee has been notified in writing and no such
additional conditions shall be imposed retroactively.
19. Independent Professional Judament. The Lessee shall at all times exercise
independent professional judgment and shall assume full responsibility for the service to be
provided and work to be completed,
20. Care of and modification to the Property. The Lessee shall be responsible to
the SOCC for the safekeeping and proper use of the property entrusted to the Lessee's care.
Lessee may not modify or alter the premises without the written consent of the County.
Requests to alter or modify the subject lease space shall be provided in writing and answered
in writing in accordance with the notice requirements provided in Section 22 herein. While
providing its services, the Lessee shall ensure that their patrons do not loiter or congregate on
the subject property.
21, Ethics Clause. The Lessee warrants that it has not employed, retained or
otherwise had act on its behalf any former County officer or employee subject to the prohibition
of Section 2 of Ordinance No. 010-1990 or any SOCC officer or employee in vi"olation of
Section 3 of Ordinance No. 010-1990. For breach or violation of this provision, the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift or consideration paid to the former Lessee or SOCC officer or
employee,
22. Notice. Any notice required or permitted under this Agreement shall be in
writing and hand-delivered or mailed, postage prepaid, by certified mail, return receipt
requested, to the other party as follows:
To the Lessee:
To County
Richard Venezia
160 Valencia Drive
Islamorada, FL 33036
Monroe County Facilities Maintenance
3583 S. Roosevelt Boulevard
Key West, FL 33040
23, Termination. Termination of this Agreement shall occur at the natural ending
date, or earlier should either party determine that there has occurred any material breach of
any covenants herein contained, or either party otherwise deems it in their best interest to
terminate. Termination may be with or without cause, and shall require written notice to be
given to the other party as follows:
a) In the event either party terminates for breach of contract, termination
shall be effective at such time as the terminating party shall declare in its act to terminate for
cause, with a minimum of fourteen days notice in writing required prior to effective termination.
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b) In the event either party terminates without cause, the termination shall
not take effect until at least sixty days subsequent to written notice to the other party, and the
effective date of termination shall be specified in said notice,
24. Full Aareement. This Agreement constitutes the entire and full understanding
between the parties hereto and neither party shall be bound by any representations,
statements, promises or agreements not expressly set forth herein and in duly executed
amendments under paragraph 6 hereof,
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H , the parties have executed this agreement the day and year
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Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA,
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(SEAL)
Attest:
CAT. IC CHARITIES OF ARCHDIOCESE
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1996 Edilion
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
Genernl Insurnnce Requirements
for
Orgnn izations/Individ uals
Lensing County-Owned
Property
Prior to the Organization or Individual taking possession of the property owned by the COllnty,
or commencing its concessionaire operations, the Organization/Individual shall obtain, at his/her
own expense, insurance as specified in the attached schedules, which arc made part of this
lease/rental agreement.
The Organization/Individual will not be permitted to occupy or use the property until satisfactory
evidence of the required insurance has been furnished to the County as specified below,
The Organization/Individual shall maintain the required insurance throughout the entire term of
this lease/rental agreement and any extensions specified in the attached schedules. Failure to
comply with this provision may result in the immediate termination of the lease/rental agreement
. and the return of all property owned by the County,
The Organization/Individual shall provide, to the County, as satisfactory evidence of the required
insurance, either:
· 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 contract.
All insurance policies must specify that they arc 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 Organization/Individual's insurance shall not be construcd
as relieving the OrganizationlIndividual li'om any liability or obligation assumcd under this
contract or imposed by law.
The Monroe County Board of County Commissioners, will be included as "Additional Insured"
on all policies. They will also be named as "Loss Payec" 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 Requircmcnfs" and
approved hy Monroe County Risk Management.
^dll1in islral ion Inslrm:1 ion
f/1J70<J,2
Et<-h \' bIt;
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If B::> 'I
2X
1996 Edition
ALL RISK PROPERTY
INSURANCE REQUIREMENTS
FOR
LEASESIRENTALS OF
COUNTY-OWNED PROPERTY
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the OrgnnizationJlndividual taking possession orthe property governed by this
lease/rental agreement, the Organization/Individual shall obtain All Risk Property Insurance (to
include the perils or Flood and Wind) with limits no less than the Replacement Cost Value of" the
property lensed or rented. Coverage shall be maintained throllghOllt the life of the Lease/Rental
Agreement nnd include, as a minimum, liability coverage for:
Fire
Sprinkler Leakage
Windstorm
Civil Commotion
Lightning
Sinkhole Collapse
Smoke
Aircraft and Vehicle Damage
Vandalism
Falling Objects
Explosion
Flood
The Monroe County Board of County Commissioners shall be named as Additional Insured ancl
Loss Payee on all policies issued to satisfy the above requirements.
Administration Instructiol\
1/'170<),2
2- 0 -F- tf-
2<)
, '
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
LEASE/RENT AL OF PROPERTY
OWNED BY THE COUNTY
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the Organization/Individual taking possession orthe propel1y governed by this
lease/rental agreement, the Organization/Individual shall obtain General Liability 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
· Fire Legal Liability (with limits equal to the fair market value of the leased property.)
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
Ifsplit 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
() 2) months following the termination of the Lease/Rental Agreement.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
Administration Instruction
1/-170'>-2
3 D+- Y
30
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
ofInsurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County,
"
wel
Administration Instruction
#4709,3
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87