Item N1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 18. 2004
Division:
COURT ADMINISTRATOR
Bulk Item: Yes -X.. No
Department: COURT ADMINISTRATOR
AGENDA ITEM WORDING: Approval of a Renewal Agreement with Roger Young, d/b/a OPMI,
INC., for approximately 1918 square feet of office space for Family Court Programs' staff; Drug Court
Program staff; and the Guardian ad Litem staff
ITEM BACKGROUND: On February 29, 2004 the current Lease with OPMI, INC. will expire. Staff
wishes to renew the lease for the first of two one-year renewal options in accordance to Article IV of
the original Lease Agreement dated February 21, 2004.
PREVIOUS RELEVANT BOCC ACTION: On February 21,2001 the BOCC approved to enter
into a lease with OPMI, INC., for approximately 1918 square feet of office space for Family Court
Programs' staff; Drug Court Program staff; and Information systems staff
CONTRACT/AGREEMENT CHANGES: Lease renewal shall be for a period of one year
commencing March I, 2004, and expiring February 28, 2005. Rent increase 3% from $2,543.57 per
month to $2,619.88 per month.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $31.438.56 per year
BUDGETED: Yes -X- No
COST TO COUNTY: S~e
SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Arty -L OMBlPurchasing-X-
Risk Management _ X_
DIVISION DIRECTOR APPROVAL: ~ J). W~l\1iMJ':1L
TheresaD.~
DOCUMENTATION:
Included
X
To Follow
Not Required_
DIsPOsmON:
AGENDA ITEM #~
Revised 1/03
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
OPMI, INC.
Contract #
Effective Date:
Expiration Date:
03/01/04
02/28/05
Court
Contract Manager: Ann Riger
(Name)
4549
(Ext. )
Facilities Maint/Sto #4
(Department/Stop #)
for BOCC meetin on
02/18/04
enda Deadline: 02103/04
CONTRACT COSTS
Total Dollar Value of Contract: $ 31,438.56
Budgeted? Yes[gJ No 0 Account Codes:
Grant: $ N/ A
County Match: $ N/ A
Current Year Portion: $
_-83001-530-440-
_-04100-530-440-
_-82007-530-440-
18,339.16
- - -
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ADDmONAL COSTS
Estimated Ongoing Costs: $_/yr For:
ot included in dollar value above e . maintenance utilitie
CONTRACT REVIEW
Date In
Division Director 1.'~1' of
RiskManagement 11~/(J'f YesDNoff
O.MRlPurchasingl!l:j ()-{ YesD NoO
County Attorney '1/'11 p t/ Y esD No~ ~
Date Out
J.}'7 -0'1
Ilu/of
Comments:
OMB Form Revised 2/27/01 MCP #2
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,
, RENEWALAGREEMENT
(Office Space for Family Court Programs staff; Drug Court Program staff; and Guardian Ad Litem statl)
This renewal of lease agreement is made and entered into this 18th day of February,
2004, between ROGER YOUNG, d/b/a OPMI, INC. hereinafter called the Lessor, and the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter
called the Lessee, in order to renew the certain lease agreement dated February 21 st 2001,. (a copy
of which is attached hereto by reference) as follows:
1. In accordance with Article IV of the original Lease Agreement dated February 21, 2001,
the Lease shall be renewed for the first of two one-year periods commencing on March 1,
2004.
2. Rent shall be increased annually by 3% over the prior years rental amount, as in
accordance with Article n of the original Lease Agreement. Rent therefore shall increase
by $76.31 per month, from $2,543.57 per month to $2,619.88 per month.
3. In all other respects, the original Lease Agreement dated February 21, 2001 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:
By:
Deputy Clerk
Mayor/Chairman
LESSOR:
ROGER YOUNG d/b/a OPMI, INC.
By:
Witness
Title:
Witness
d
,
LEASE AGREEMENT
State of Florida
County of Monroe
~.
This Lease Agreement entered into this 2/4 day of . 20~ by aDd between
. ROGER YOUNG d/b/a OPMI, INC., party of the first part hereinafter 00 the lessor and the BOARD OF
COUNTY COMMISSIONERS OF MONROE COUN1Y; FLORIDA, party of the second part hereinafter
called the lessee. .
WITNESSETH:
That the lessor for and in consideration of the covenants and agreements hereinafter mentioned to be
kept and performed by the lessee has demised and leased to the lessee for the terni and under the conditions
hereinafter set out those certain premises in Islamorada, County ~fMonroe, Florida described as follows:
. LEASE LOCATION
# I 30 Porto Salvo, lslamorada, Florida which shall constitute an aggregate area of 1918 +/- square feet and as
further identified in Exhibit A (hereinafter, "premises'l . "
II. RENTALS
The lessor hereby leases to "the lessee 19 J 8 +/- square feet and the lessee hereby leases from the lessor the
above described premises for the term set .out in this lease. Lessee hereby agrees to pay the lessor the sum of.
twenty-cight thousand seven hundred seventy dollars and no cents ($28,710.00) annually, two thousand
three hundnxi ninety-seven dollars and fifty cents ($2,391.50) per month. 1he lease amount agreed to herein
will be increased annually by 3% over the prior years rental amount. Rent shall be due and payable on or
before the last day of each month, in arrears. .
The rental shall be paid to the lessor and mailed to Roger Young. OPMI, Inc., P.O. Box 714, Tavernier,
Florida 33010, prior to the last day of the month~ :
III.
TERM
!
To have and to hold the above described premises for a teon of-three (3) y~ commencing on Mafcb I,
2001 uptl> and including February 29,2004.
IV. RENEWAL .
This agreement may be renewed at the option of the lessee for two (2) additional one (1) year period. This
option shall be executed only upon approval of the Board of County Commissioners.
V. AIR CONDmONING AND JANITORIAL" SERVICES
I. The lessor agrees to furnish to the lessee air c;:onditioning equipment to be used during normal
business hours, and shall ensure that same is operational and functional during the time of this lease.
Lessor shall be fully responsible for all maintenance, repairs and replacement for the.alc system
including aU mechanical components and shall furnish Lessee a yearly supply of replacement filters.
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, 2. The lessee shall ptavide janitorial services and all necessary janitarial supplies for the leased
premises during the term afthe lease at the expense afthe lessee.
VI. MAINTENANCE AND REPAIRS
I. The lessee shall provide far interior maintenance and repairs in aCcordance with generally
accepted good practices, including repainting, the replacement of warn ar damaged floor covering
and repairs ar replacement afinterior equipment as may be necessary due to narmal usage. The
lessee shall during the teml afthe lease keep the interiar of the demised premises in as good a state
af. repair as it is at the time af the C?ammcnccrnent of this lease r~nablc wear and tear and
. unavaidable casualties excepted.
.2. The lessar shall maintain and keep in repair the exteriar-afthe demised premises during.tIle term af
this Lease and shall be reSponsible far the replacement af damages in the demised premises, except
such breakage af damage caused to. the exterior of the demi~ premises by the lessee, its afficers,
. agents ar emplayees:
3. The lessor shall be responsible far ~taining the roofin leak free candition.
4. The lessor shall maintain the exteriar afthe demised premises so. as to confarm to all applicable
health and safety Jaws, ardinances and codes which are presently in effect and which may
subsequently be enacted during the term afthis lease and any renewal periods.
5, 'The lessor shall pravide appropriate entranceways to the structure to. accommodate space allocatian
far gavernment entities occupying the space, inclusive of ingress and egress, at the expense afthe
lessor.
6. .The lessor shall fully maintain all exteriar grounds and designated. parking area to include mawing
raking, tree trimming, debris removal & power vacuuming.
VII UTILITIES
The lessee shall be fully responsible to pay telephone, electricity and water utility charges which may
become payable during the teon af the lease (ar telephone, electricity and water used by the lessee an the
premises as indcpe~dently metered. If the Lessee desires cabl~ television service, the lessee agrees to.
arrange far and pravide the service at the lessee's awn expense. The lessor agrees to be fully responsible to.
. provide ~d pay all.ather utilities including solid waste.
VIII CONDUCT OF BUSINESS
The lessee covenants tlw the leased premises will not be used for any purpose that will cause any person or
perso.ns to. congregate in the halls of the building af which the leased premises are a part, ar which wauld
cause naise to. emanate fram the leased premises which does or might reasanably disturb ~y adjaining
tenants ~r persons using the halls of the said building, and the lessee further covenants that lessee .will
conduct its business within the leased premises in a quiet, proper and o.rderly manner, and that any fuilure an .
the part af the fessee to. so use the premises in the conduct of its business shall be considered as a vialation
of a material covenant of this lease.
.XIll
...
. IX RULES AND REGULA TJONS
The lessce shall abidc by aU existing and established Rules and Regulations as set forth under this Lease
Agreement.
X ALTERATIONS
The lessee shall have the right to make any alterations to the demised pre~es during the term of the lease
. upon first having obtained the Written consent of the lessor. The lessor shall not capriciQUSly withhold the
consent to any ~uch alterations.
XI INJURY OR DAMAGE TO PROPERlY ON PREMISES
. "
AU property of any kind that may be on the premises during the continuance of this lease shall be at .the sole
risk of the lessee and except fur any negligence of the leSsor, the lessor shall not be liable to the lessee or any
other person fu~ any injury, loss or cJamage to property or to any person on the premises.
XII
FIRE AND OrnER HAZARDS
1.
In the event that the demised premises or the major part thereof are destroyed by fire, lightening,
storm or other casualty, the I~or at its option may forthwith repair the damage to such demised
premises at its own cost and expense. The rental ihereon shall cease.until the completion of such .
repairs and thc lessor Will immediately refund the pro rata part of any rentals paid in advance by the
lessee prior to such destruction. Should the premises be only partly destroyed so that the major part
thereof is usable by the lessee, then the rental shall abate to the extent that the i~jured or damaged
part bears to the whole of such premises and such irtiury or damage shall be restored by the lessor as
speedily as is practicable and upon the completion of such repairs. the fuU rental shail then continue
the balance of the term. " .
2.
. .
The lessor shall provide for fire protection during the term of this lease in accordance with
the fire Safuty standards of the State and/or Monroe County Fire Marshal. The lessor shall be
r~ponsible for maintenance and repair of all fire protection equipment necessary to conform to the
requirements oCthe State andior Monroe COunty Fire Marshal. The lessor agrees that the demised
prcmises shall be available for inspection by the State and/or County Fire Marshal, prior to
occupancy by the lessee, and at any reasonable time thereafter.
EXPIRA nON OF TERM .
~ .
At the exPiration of the term, the lessee will peaceably yield up to the lessor the demised premises in good"
and tenantable repair. It is understood and agreed between the parties that the lessee shall have the right to
remove from the premises all personal property of the lessee and all fixtures, machinery, equipment,
appurtenances and appliances placed 9r installed on the premises by it, provided the Jessee restores the
premiscs' t9 as good a state of repair as they were prior to the removal
XlV SUBLETTING AND ASSIGNMENT
The lessee upon the obtaining of the written consent oftbe lessor, which consent shall not capriciously be
withheld. shall have the right to sublet all or any part of the demised premises, or to assign all or any part of
the demised premises.
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xv . NOT CONSENT TO SUE
The provisions, terms, or conditions of this lease shall not be construed as a consent of Monroe County to be
sued because of said leasehold. .
XVI WAIVER OF DEFAULTS .
The waiver by the lessor of any breach of this lease by the lessee shall not be construed as a waiver of any
subsequent breach of any duty or covenant imposed by this lease. .
XVII . RIGHT OF LESSOR TO INSPECf
The lessor at all ~Ie times during regUlar business hours may enter into and. upon: the. demised
premises for the purpose of viewing the same, to.read water ahd electric meter, and for the purpose of
making any such repairs ~ they are required to make under the terms of this lease. Repairs shall be limited
to non-business hours unless an emergency situation exists.
XVIII BREACH OF COVENANT
If the Jessee shall neglect or fail to perform or observe any covenant herein contained, which on the lessee's
part is to be performed and such defiwlt shall continue for a period of thirty days. after receipt ofwritten
notice thercof from the lessor to the lessee then the lessor lawfully may, immediately or any time thereafter,
and without further notice or demand enter into and upon the demised premises or any part thereofand
repossess the same as. of their fonner estate and expel the lessee and remove its effects forcefully if
nccessaIy, without being ~en or deemedto be guilty of any manner of~ and thereupon the demise
shall terminate but without prejudice to any remedy which mightotherwise be used by the lessor for arrears
of rent or for any breach of the lessee's covenants herein contained.
XIX ACKNOWLEDGEMENT OR ASSIGNMENT
The lessee upon the request of th~ lessor shall execute such acknowledgement or acknowledgments or any
assignment or assignments of rentals and profits ~e by the I~or to any third person, firm or corporation,
provided that the lessor will not make such request unJess required to do so by the Mortgage unde{a
mortgage or rriortg3ges, executcd.by the lessor. i
xx A V AILABILIlY OF FUNDS
The obli8atio~ of the lessee under this Jease agreement are subject t~ the availability of funds lawfuliy
appropriated armually for its purposeS by the Monroe County Board of County Commissioners. . .
XXI USE OF PREMISES
The lessee will not make or suffer any unlawful, improper or offensive use of the premises or any use of
occupancy thereof contrary to the Laws of the State of Florida. or to such Ordinances of Monroe County now
in effect or hereafter adopted, as may be applicable to the lessee.
XXII INSURANCE
The lessee shall procure and maintain at its expense and throughout the lenn of this. lease the insurance or
self-cnsure for all claims that the lessee can be held liable for under ~ion 768.28~ Florida Statutes, and up
to thci maximum amount set forth in that statute.
. .
Notwithstanding anything to the contrary in this lease. Lessee waives all rights to recovery, claims or causes
of action against the lessor and its, attorney-in-fact, agents, trustees, executors and personal representatives
on account of any loss of damage which may occur to the prem.ises, the building, the property or any .
improvements thereto or to any personal property of lessee to the extent such loss or damage is caused by a
peril which is required to be insured against by lessee und~r this lease, regardless of the ~e. or origin
(including negligence oflcssor). Lessee covenants to the lessor that to the fullest extent permitted by law,
no insurer oflessee shall hold any right of subrogation against lessor. Lessee covenants to lessor that all
policies of insurance maintained by lessee respecting property damage shall pennit such waiver of.
subrogation, and lessee agrees to advise all of its insurers of the waiver and provide lessor with written
evidence of sucb waiver. .
XXlll NOTICES
All notices required to be served upon the lessor shall be served by certified mail. return: reCeipt requested to
Roger Young, OPMI, Inc.. P.O. Box 774, Tavernier, Florida, 33070 and all notices required to be served
upon the lessee .shall be served by certified .mail, return receipt requested to the Division of Public Works,
Facilities Maintenance Department," 3583 S. Roosevelt Boulevard, Key West, FL 33040.
XXIV RADON GAS NOTlFICA nON
Radon. is a naturally OCC(Urring gas that when it has accumulated in a building in sUfficient quantities, may
present health risks to persons who. are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been fOund in buildings. Additional infonnation regarding radon and radon testing maybe
obtainCcl fiom your County Public Health Unit.
XXV LEASE TERMINATION
This lease may be tcnninatcd by the lessee upon written ninety (90) days notice to the lessor that the lessee
has obtained adequate office space in a governmental building, but in no case shall lessee tenninate the lease
prior to March I, 2003, even if adequate office space in a governmental building becomes available before ..
that date.. .. .
XXVI ETIDCS CLAUSE.
Lessor warrants that it has not employed retained or otherwise had act on its behalf any fonner County
officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer .
or employee in violation of Section 3 of ordinance No. 010-1990. For breach or violation of this provision
the lessee may, in its discretion, deduct from the contract or purchase price or other wise recover the full
amount of any fcc. commission, percentage, gift or consideration paid to the fonner County officer or
employee.
XXVII AMERICAN WIlli DISABILITIES ACT
The lessor herein expressly agrees to maintain the subject premises in full compliance with the American .
Disabilities Act (ADA). Further, the lessor shall be liabie for any cost on expenditure associated with said
compliance. .
XXVllJ PUBLIC ENTIlY CRIME
A person or affiliate "Yho has been placed on the .conviCted vendor list following a conviction for public
entity crime may not submit a bid on a contract with a public entity for construction or repair of a pubJic
.. building- or public work, may not submit bids on leases of real property to public entity, may nqt be awarded
or perfonn .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 'thresholdamount provided in
Section 287.017 r.S: for CategoryTwo for a period of 36 months from the date of being placed on the
convicted vendor list..(Caregory Two $10,000.00).
XXIX DEFJNmON OF TERMS
I. The terms "lease" "lease agreement" or "agreement" shall be inclusive of each other and shall also
include any renewals, extensions or modifications of this lease.
2. l11e term "lessor" and "leSsee" shall include the successors and assigns for the parties hereto.
3. 1be singular shall include the pluraJ andthe plural shaD include the singUlar whenever the
contcxt so rcqui~ or permits.
XXX ADDITIONAL CONDITIONS
No additional covenants or conditions fqnn a part of this lease.
IN WITNESS WHEREOF the parties hereto have hereunto executed this instrument for the pu.cposc
her:cin expressed the day and year above written. .
ORIGINAL SIGNATURES REQUIRED ONAI.;LCOPIES
Signed, Sealed and Delivered
in the p~nce. ot: -
J3;~? ~.
Witness /
.:b . c..
OF COUNlY COMMISSIONERS
OE COUNTY, FLORID~. d
. [j-e ~
"'?eO ED AS TO FORM
J~"ir. GAL sUFFlajJijiY.~~
. . Al..../XIM;;tE:-
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