Item M5BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
August
19, 2009
Division:
County Administrator
Bulk Item: Yes
X_
No _
Department:
_County Administrator
Staff Contact Person/Phone #: Debbie Frederick
AGENDA ITEM WORDING:
Approval of Lease Agreement with the Monroe County Health Department to provide office space at
the Murray E. Nelson Government and Cultural Center, Key Largo, Florida.
ITEM BACKGROUND:
Due to the reduction of the County workforce, vacant office space has become available at the Murray
E. Nelson Government and Cultural Center. The Monroe County Health Department has requested to
lease 1,057 square feet of vacant office space for the purpose of providing programs and office space
for administrative and vital statistics office staff.
PREVIOUS RELEVANT BOCC ACTION:
Lease Agreement approval at same location with South Florida Water Management District and
Agreements with Monroe County Sheriff's Department and Congresswoman Ileana Ros-Lehtinen.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: -0- INDIRECT COST: -0- BUDGETED: Yes No X
COST TO COUNTY: -0- SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No AMOUNT PER YEAR $14,798
APPROVED BY: County Atty X OMB/Purchasing X Risk Management _X
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: MC Health Department Contract #
Effective Date: 08/24/09
Expiration Date: 08/23/10
Contract Purpose/Description:
Lease Agreement with Monroe County Health Department for office space located at the MurraX
E. Nelson Government and Cultural Center, Key Largo, Florida.
Contract Manager: Debbie Frederick 4741 CAD/Stop #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 08/19/09 Agenda Deadline: 08/04/09
CONTRACT COSTS
Total Dollar Value of Contract: $ 14,798 Current Year Portion: $
D
Budgeted? Yes❑ No ® Account Codes: -_
Grant: $ -_
County Match: $ -_
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance.
CONTRACT REVIEW
Jities, janitorial, salaries, etc.
Changes Date Out
D to in Needed Re iewer
Division Director �"( Yes[:]No
�0Risk Manag ment Yes❑ No[ 7 31-0
0.M.B./PurZhasing Yes❑ Noi
County Attorney -7kll � Yes❑
Comments:
OMB Form Revised 2/27/01 MCP #2
LEASE AGREEMENT
This Agreement is made and entered into by MONROE COUNTY, a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL
33040, (COUNTY or the LESSOR), and Monroe County Health Department (TENANT or the
LESSEE), a non-profit corporation incorporated in the State of Florida, whose address is
1100 Simonton Street, Key West, FL 33040.
WHEREAS, the BOCC leases premises to other governmental agencies and not -for -
profit organizations servicing the County community; and
WHEREAS, the Monroe County Health Department has requested use of County
office space; and
WHEREAS, the Monroe County Health Department provides essential services which
improve the health of the public through preparedness, education, and prevention. The
Monroe County Health Department serves the health needs of the community through the
operation of a variety of medical, educational and environmental health programs; and
WHEREAS, the COUNTY owns an office building known as the Murray E. Nelson
Government and Cultural Center, 102050 Overseas Highway, Key Largo, Florida; and
WHEREAS, the Murray E. Nelson Government and Cultural Center has vacant office
space; and
WHEREAS, the BOCC has determined that is in the best interests of Monroe County
to lease unused office space at the Murray E. Nelson Government and Cultural Center;
NOW THEREFORE, IN CONSIDERATION of the promises contained herein the parties
agree to the following:
1. PROPERTY. The COUNTY leases exclusively to the LESSEE 1,057 square feet of
office space; offices 202, 203, 224, 227, 228 and 229 in the Murray E. Nelson Government
and Cultural Center and which is shown on Exhibit A. hereafter the premises. Exhibit A is
attached and made a part of this Agreement.
2. TERM. The term of this Agreement is for a period of 1 year beginning August 24,
2009 through August 23, 2010.
3. USE AND CONDITIONS. The premises shall be used solely for the purposes of
operating Monroe County Health Department programs and providing office space for
administrative and vital statistics office staff. If the premises are used for any other
purpose, the COUNTY shall have the option of immediately terminating this Agreement.
LESSEE shall not permit any use of the premises in any manner that would obstruct or
interfere with any COUNTY functions and duties.
The LESSEE will further use and occupy said premises in a careful and proper
manner, and not commit any waste thereon. LESSEE will not cause, or allow to be caused,
any nuisance or objectionable activity of any nature on the premises. Any activities in any
way involving hazardous materials or substances of any kind whatsoever, either as those
terms may be defined under any state or federal laws or regulations or as those terms are
understood in common usage, are specifically prohibited. The LESSEE will not use or
occupy said premises for any unlawful purpose and will, at LESSEE's sole cost and expense,
conform to and obey any present or future ordinance and/or rules, regulations,
requirements and orders of governmental authorities or agencies respecting the use and
occupation of said premises. These covenants of the LESSEE shall also be binding on the
use of the personnel, volunteers or clients of LESSEE in accessing any common areas of the
Gato Building.
4. RENT. For the use of the premises, the LESSEE must pay the COUNTY the sum of
$14,798 per year, for 1,057 square feet of office space at $14.00 per square foot, which
rental sum is due in monthly installments on the first day of the month payable in advance,
at $1,233.17 per month . The twelve monthly payments shall be remitted to Monroe
County Clerk's Office, 500 Whitehead Street, Key West, FL 33040. A late charge in the
amount of $100.00 will be charged for each Lease Payment made more than five (5-1 days
after the date it is due.
a) Additional consideration from each party:
Utilities Electricity, office maintenance, office cleaning, and local phone calls will be
provided by LESSOR at no additional cost to LESSEE, unless the occupation of the premises
has a significant impact on any of such costs to LESSOR, in which case the parties will
either renegotiate the consideration or mutually terminate this agreement. LESSEE shall be
entitled to use the common areas of the Gato Building, such as bathrooms, lobby and other
common areas incidental to the purpose of their occupancy of the premises. Also, use of
conference rooms.
5. TAXES. The LESSEE must pay all taxes and assessments, including any sales or use
tax, levied by any government agency with respect to the LESSEE's operations on the
premises. If at any time after any tax or assessment has become due or payable, the
lessee, or its legal representative, neglects to pay the tax or assessment, lessor shall be
entitled to pay the tax or assessment at any time after that and the amount paid by lessor
shall be deemed to be additional rent for the leased premises, due and payable by the
lessee.
6. INSURANCE. LESSEE shall, throughout the term of this lease, maintain general
liability insurance in a minimum amount of Three Hundred Thousand Dollars
($300,000.00); vehicle liability insurance in a minimum of Three Hundred Thousand Dollars
($300,000.00); and worker's compensation insurance for bodily injury or death to any one
person or number of persons in any one occurrence and not less than One Hundred
Thousand Dollars ($100,000.00) unless waived or modified by County Risk Management
per Administrative Instruction 4709. The insurance policy (or policies) shall name Monroe
County as an additional insured.
The LESSEE must keep in full force and effect the required insurance during the term
of this Agreement. If the insurance policies originally purchased which meet the
requirements of this lease are canceled, terminated or reduced in coverage, then the
LESSEE must immediately substitute complying policies so that no gap in coverage occurs.
Copies of current policy certificates shall be filed with the COUNTY whenever acquired or
amended.
7. CONDITION OF PREMISES. The LESSEE must keep the premises in good order
and condition. The LESSEE must promptly repair damage to the premises. At the end of
the term of this Agreement, the LESSEE must surrender the premises to the COUNTY in the
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same good order and condition as the premises were on the commencement of the term,
normal wear and tear excepted. The LESSEE is solely responsible for any improvements to
land and appurtenances placed on the premises.
8. IMPROVEMENTS. No structure or improvements of any kind shall be placed upon
the land without prior approval in writing by the County Administrator, a building permit
issued by COUNTY and any other agency, federal or state, permits required by law. Any
such structure or improvements shall be constructed in a good and workmanlike manner at
LESSEE's sole cost and expense. Subject to any landlord's lien, any structures or
improvements constructed by LESSEE shall be removed by the LESSEE at LESSEE's sole
cost and expense, by midnight on the day of termination of this Agreement or extension
hereof, and the land restored as nearly as practical to its condition at the time this
agreement is executed unless the Board of County Commissioners accepts in writing
delivery of the premises together with any structures or improvements constructed by
LESSEE. Portable or temporary advertising signs are prohibited.
LESSEE shall perform, at the sole expense of LESSEE, all work required in the
preparation of the property or premises hereby leased for occupancy by LESSEE; and
LESSEE does hereby accept the leased property or premises as now being in fit and
tenantable condition for all purposes of LESSEE.
COUNTY reserves the right to inspect the leased area and to require whatever
adjustment to structures or improvements as COUNTY, in its sole discretion, deems
necessary. Any adjustments shall be done at LESSEE's sole costs and expense. Any
building permits sought by LESSEE shall be subject to permit fees.
9. IDEMNIFICATION/ HOLD HARMLESS. Notwithstanding any minimum
insurance requirements prescribed elsewhere in this agreement, the LESSEE shall
defend, indemnify and hold COUNTY and COUNTY'S elected and appointed officers and
employees harmless from and against (i) any claims, actions or causes of action, (ii)
any litigation, administrative proceedings, appellate proceedings, or other proceedings
relating to any type of injury (including death), loss, damage, fine, penalty, or business
interruption and (iii) any costs or expenses (including without limitation, costs of
remediation in connection with a violation of any federal, state, or local law or
regulation, attorney's fees and costs, court cost, fines and penalties) that may be
asserted against, initiated with respect to, or sustained by, any indemnified party by
reason of, or in connection with, (A) any activity of LESSEE or any of its employees,
agents, contractors, or other invitees on the leasehold premises during the term of this
Agreement, (B) the negligence or willful misconduct of LESSEE or any of its employees,
agents, contractors or other invitees or (C) LESSEE'S default in respect of any of the
obligations that it undertakes under the terms of this Lease Agreement, except to the
extent the claims, actions, causes of action, litigation, proceedings, costs or expense
arise from the intentional or sole negligent acts or omissions of the LESSSOR or any of
its employees, agents, contractors or invitees (other than LESSEE). Insofar as the
claims, actions, causes of action, litigation, proceedings, cost or expenses relate to
event or circumstances that occur during the terms of this Lease Agreement, this
section will survive the expiration of the term of this lease or any earlier termination of
this lease.
10. NON-DISCRIMINATION. LESSOR and LESSEE 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 Lease Agreement
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automatically terminates without any further action on the part of any party, effective the
date of the court order. LESSOR and LESSEE 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 VI of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination on the basis of race, color 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
handicaps; 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. 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 may be amended
from time to time, relating to nondiscrimination on the basis of disability; 10) Sections 13-
101, et seq., Monroe County Code, relating to discrimination based on race, color, sex,
religion, disability, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; 11) Any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter of, this
Lease Agreement.
11. TERMINATION. This Agreement may be terminated at the discretion of the
COUNTY in the following circumstances:
a) Lessee fails to pay the rent when due;
b) Lessee fails to obtain the insurance required under this lease or allows the
required insurance coverage to lapse or fall below the minimum required;
c) Lessee otherwise breaches the terms of this lease.
Unless the COUNTY has accepted in writing a delay in performance of duties, the failure to
perform said duties shall constitute a default under the terms of this agreement. In the
case of default/breach, the COUNTY shall first give LESSEE a written notification stating the
default/breach and that Lessee has ten (10) days to correct the default/breach. If the
Lessee has not commenced correction of the default/breach at the end of the 10 days, then
the COUNTY may terminate the lease in its discretion. If it shall be necessary to employ the
services of an attorney in order to enforce its rights under this Agreement, the COUNTY
shall be entitled to reasonable attorney's fees. Waiver of a default in any particular month
shall not bind the COUNTY to forego the provisions of this paragraph and any subsequent
default shall be grounds for termination. The COUNTY may in its discretion treat the
LESSEE in default and terminate this Agreement immediately, without prior notice, upon
failure of LESSEE to comply with any provision of this Agreement. This Agreement may
be terminated by COUNTY if and when, for any reason its controlling lease is terminated by
the State, upon provision of reasonable notice. LESSEE may terminate this Agreement
upon giving thirty days prior written notice to COUNTY.
12. DEFAULT. LESSOR'S right to repossess, operate, or sublease: If the rental reserved
by this lease or other charges to be paid under this lease by LESSEE, or any part of this
lease, are not paid when due and remain unpaid for a period of 10 days after notice in
writing, or if LESSEE fails to promptly perform any covenant, condition, or agreement by it
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to be performed under this lease and such failure shall continue for a period of ten (10)
days after notice in writing specifying the nature of such failure, or if LESSEE abandons the
demised premises, or if LESSEE breaches any obligation under this lease to be performed
by it which cannot be cured, then , and in any such event, LESSEE shall be deemed to be in
default and LESSOR, without further notice may at its option take possession of the leased
premises, including all improvements and fixtures and equipment located at, in or about
the premises.
By legal proceedings, LESSOR shall take, operate, or sublease the premises, in whole
or in part, for the account of the LESSEE as the LESSOR in good faith may deem proper, for
a term not exceeding the unexpired period of the full term of this lease. LESSOR shall
receive all proceeds and rent accruing from such operation or subleasing of the leased
premises or fixtures and equipment. LESSOR shall apply these proceeds first, to the
payment of all costs and expenses incurred by the LESSOR in obtaining the possession of,
and the operation or subleasing of the premises or fixtures and equipment, including
reasonable attorney's fees, commissions, and collection fees, and any alteration or repairs
reasonably necessary to enable the LESSOR to operate or sublease the premises or fixtures
and equipment; and second, to the payment of all such amounts as may be due or become
payable under the provisions of this lease. The remaining balance, if any, given by the
LESSOR to the LESSEE, shall be paid over to the LESSEE at the expiration of the full term
of this lease or on the sooner termination of the lease by written notice of termination.
Repossession or subleasing not a termination; LESSOR'S right to terminate not
forfeited: no Repossession, operation, or subleasing of the premises or of fixtures and
equipment shall be construed as an election by the LESSOR to terminate this lease unless a
written notice of such intention is given by the LESSOR to the LESSEE. Notwithstanding any
such operation or subleasing without termination of this lease, the LESSOR may at any
time after that elect to terminate the lease in the event that the LESSEE remains in default
under this lease.
LESSEE'S obligation to pay deficiencies: in the event of the proceeds of rentals
received by the LESSOR under the provisions of this Section are insufficient to pay all costs
and expenses and all amounts due and becoming due under this lease, the LESSEE shall
pay to the LESSOR on demand such deficiency as may occur or exist.
LESSOR'S right to terminate lease: In the event of LESSEE'S default, LESSOR may,
at its option without further notice, terminate this lease and all interest of LESSEE under
this lease, and may then take possession of the leased premises by legal proceedings.
LESSOR'S right on termination to recover amount equal to rent reserved: If this
lease is terminated by the LESSOR by reason of any default by LESSEE, LESSOR shall be
entitled to recover from the LESSEE, at the time of such termination the excess, if any, of
the amount of rent reserved in this lease for the balance of the term of the lease.
LESSOR'S remedies are cumulative: Each and all of the remedies given to the
LESSOR in this lease or by law are cumulative, and the exercise of one right of remedy
shall not impair its right to exercise any other right or remedy.
13. DEFAULT -WAIVER. The waiver by the LESSEE or the COUNTY of an act or
omission that constitutes a default of an obligation under this Agreement does not waive
another default of that or any other obligation.
14. ASSIGNMENT. The LESSEE may not assign this Agreement or assign or
subcontract any of its obligations under this Agreement without the approval of the
COUNTY's Board of County Commissioners. All the obligations of this Agreement will
extend to and bind the legal representatives, successors and assigns of the LESSEE and the
COUNTY.
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15. SUBORDINATION. This Agreement is subordinate to the laws and regulations of
the United States, the State of Florida, and the COUNTY, whether in effect on
commencement of this lease or adopted after that date.
16. GOVERNING LAWS/VENUE. This Agreement is governed by the laws of the State
of Florida applicable to contracts made and to be performed entirely in the State.. In the
event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Lease Agreement, the LESSOR and LESSEE agree that
venue will lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida. The LESSOR AND LESSEE agree that, in the event of conflicting
interpretations of the terms or a term of this Lease Agreement by or between any of them
the issue shall be submitted to mediation prior to the institution of any other administrative
or legal proceeding.
17. CONSTRUCTION. This Agreement has been carefully reviewed by the LESSEE and
the COUNTY. Therefore, this Agreement is not to be construed against any party on the
basis of authorship.
18. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by
certified mail to the following:
COUNTY: LESSEE
County Administrator Monroe County Heath Department
Roman Gastesi, Jr. Robert Eadie
1100 Simonton Street Director
Key West, FL 33040 1100 Simonton Street
Key West, FL 33040
19. RELATIONSHIP OF PARTIES. LESSEE is, and shall be, in the performance of all
works, services, and activities under this Agreement, an independent agency, and not an
employee, agent or servant of the BOCC. LESSEE shall exercise control, direction, and
supervision over the personnel and volunteers who use the premises. LESSEE shall have
no authority whatsoever to act on behalf and/or as agent for the BOCC in any promise,
agreement or representation other than specifically provided for in this agreement. The
BOCC shall at no time be legally responsible for any negligence on the part of LESSEE, its
employees, agents or volunteers resulting in either bodily or personal injury or property
damage to any individual, property or corporation.
20. FULL UNDERSTANDING. This Agreement is the parties' final mutual
understanding. It replaces any earlier agreements or understandings, whether written or
oral. This Agreement cannot be modified or replaced except by another written and signed
agreement.
21. RIGHT OF INGRESS AND EGRESS. Lessee, its agent, employees, customers,
suppliers, and patrons shall have the right of ingress and egress to and from the lease
premises, which shall not be unreasonably restricted by the COUNTY.
22. RIGHT OF INSPECTION AND REPAIRS. LESSOR shall have access to the premises,
and each and every part thereof, during LESSEE'S regular business hours for the purpose
2
of inspecting the same, making repairs, and posting notices that LESSOR may deem to be
for the protection of the LESSOR or the property.
23. AMENDMENTS TO BE IN WRITING. This lease may be modified or amended only by
a writing duly authorized and executed by both LESSOR AND LESSEE. It may not be
amended or modified by oral agreements or understandings between the parties unless the
same shall be reduced to writing duly authorized and executed by both LESSOR AND
LESSEE.
24. HOLDING OVER. No holding over and continuation of any business of the lessee after
the expiration of the term hereof shall be considered to be a renewal or extension of this
lease unless written approval of such holding over and a definite agreement to such effect
is signed by the LESSOR defining the length of such additional term. Any holding over
without consent of the LESSOR shall be considered to be a day -today tenancy at a rental of
three times the daily rate of the fixed minimum monthly rental provided herein, computed
on the basis of a 30-day month.
25. 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 subject matter hereof that are not merged herein and
superseded hereby. Any amendment to this lease shall be in writing, approved by the
Board of County Commissioners, and signed by both parties before it becomes effective.
26. SEVERABILITY. If any term, covenant, condition or provision of this Lease
Agreement (or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Lease Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this Lease
Agreement shall be valid and shall be enforceable to the fullest extent permitted by law
unless the enforcement of the remaining terms, covenants, conditions and provisions of
this Lease Agreement would prevent the accomplishment of the original intent of this Lease
Agreement. The LEESSOR and LESSEE agree to reform the Lease Agreement to replace
any stricken provision with a valid provision that comes as close as possible to the intent of
the stricken provision.
27. ATTORNEY'S FEES AND COSTS. The LESSOR and LESSEE agree that in the event
any cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party shall
be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non -prevailing party, and shall include attorney's fees,
courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation
proceedings initiated and conducted pursuant to this Lease Agreement shall be in
accordance with the Florida Rules of Civil Procedure and usual and customary procedures
required by the circuit court of Monroe County.
28. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Lease
Agreement shall bind and inure to the benefit of the LESSOR and LESSEE and their
respective legal representatives, successors, and assigns.
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29. AUTHORITY. Each party represents and warrants to the other that the execution,
delivery and performance of this Lease Agreement have been duly authorized by all
necessary County and corporate action, as required by law.
30. ADJUDICATION OF DISPUTES OR DISAGREEMTNS. LEESSOR and LESSEE agree
that all disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If no resolution can be agreed
upon within 30 days after the first meet and confer session, the issue or issues shall be
discussed at a public meeting of the Board of County Commissioners. If the issue or issues
are still not resolved to the satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Lease Agreement or by Florida law.
31. COOPERATION. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this
Lease Agreement, LESSOR and LESSEE agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities related
to the substance of this Lease Agreement or provision of the services under this Lease
Agreement. LESSOR and LESSEE specifically agree that no party to this Lease Agreement
shall be required to enter into any arbitration proceedings related to this Lease Agreement.
32. COVENANT OF NO INTEREST. LESSOR and LESSEE covenant that neither presently
has any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Lease Agreement, and that the only interest of each
is to perform and receive benefits as recited in this Lease Agreement.
33. CODE OF ETHICS. LESSOR agrees that officers and employees of the COUNTY
recognize and will be required to comply with the standards of conduct for public officers
and employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
34. NO SOLICITATION/ PAYMENT. The LESSOR and LESSEE warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Lease Agreement and that it has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than a
bona fide employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Lease
Agreement. For the breach or violation of the provision, the Lessee agrees that the
LEESSOR shall have the right to terminate this Lease Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
P
35. PUBLIC ACCESS. The LESSOR and LESSEE shall allow and permit reasonable access
to, and inspection of, all documents, papers, letters or other materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the LESSOR and LESSEE in conjunction with this Lease Agreement; and the
LESSOR shall have the right to unilaterally cancel this Lease Agreement upon violation of
this provision by Lessee.
36. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the LESSOR and LESSEE in this Lease Agreement and
the acquisition of any commercial liability insurance coverage, self-insurance coverage, or
local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
LESSOR be required to contain any provision for waiver.
37. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or
employees of any public agents or employees of the LESSOR, when performing their
respective functions under this Lease Agreement within the territorial limits of the County
shall apply to the same degree and extent to the performance of such functions and duties
of such officers, agents, volunteers, or employees outside the territorial limits of the
County.
38. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Lease Agreement to enforce or attempt to enforce
any third -party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the LESSOR and LESSEE agree that neither the LESSOR nor the LESSEE or
any agent, officer, or employee of either shall have the authority to inform, counsel, or
otherwise indicate that any particular individual or group of individuals, entity or entities,
have entitlements or benefits under this Lease Agreement separate and apart, inferior to,
or superior to the community in general or for the purposes contemplated in this Lease
Agreement.
39. ATTESTATIONS. LESSEE agrees to execute such documents as the LESSOR may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a
Drug -Free Workplace Statement.
40. EXECUTION IN COUNTERPARTS. This Lease Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto may
execute this Lease Agreement by signing any such counterpart.
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41. EFFECTIVE DATE. This Agreement will take effect on August 24, 2009.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By
Deputy Clerk
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Witne
Witness
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
Monroe County Health Department
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