#03/18/2009 to 03/18/2010
DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
April 16, 2009
TO:
Roman Gastesi
County Administrator
A TTN:
FROM:
Connie Cyr
Aide to County Administrator
Pamela Hanc&
Deputy Clerk
At the March 18, 2009, Board of County Commissioners meeting the Board granted
approval and authorized execution of an Agreement between Monroe County and Sheriff Robert
Peryam to provide office space to the Monroe County Sheriffs Office at the Murray E. Nelson
Government and Cultural Center in Key Largo, FL.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any que:stions please do not hesitate to contact this office.
cc: County Attorney
Finance
File ./
AGREEMENT
THIS AGREEMENT, made this 18th day of Marc~ 2009 by and between the
Board of County Commissioners of Monroe County, Florida (hereinafter referred to as
BOCC) and Sheriff Robert Peryam, (hereinafter referred to as Sheriff), an elected county
official under the Florida Constitution.
"WHEREAS, the BOCC leases premises to other governmental agencies servicing
the County community; and
'WHEREAS, the Sheriffhas requested use of County office space; and
'WHEREAS, the BOCC has determined that it is in the best interests of Monroe
County to provide approximately 462 square feet of office space at the Murray E. Nelson
Goverrunent and Cultural Center, located at 102050 Overseas Highway in Key Largo,
Florida;
]~OW, THEREFORE, for and in consideration of the mutual covenants contained
herein, the parties agree as follows:
1. Contract Term. This agreement is for the period commencing on March
18, 2009 and terminating on March 18, 2010.
2. BOCC Responsibility. The BOCC shall direct its Administrator,
Departments Heads, County Attorney, and staff to provide certain
facilities and support to the Sheriff as can be provided without requiring
an increase in personnel or any purchase or lease of real property.
3. Relationship of Parties. The Sheriff is, and shall be, in the performance of
all works, services, and activities under this Agreement, an independently
elected constitutional officer, and not an employee, agent or servant of the
BOCC. The Sheriff shall exercise control, direction, and supervision over
the means, manner personnel and volunteers through with he and his
employees performs their duties. Although this Agreement is a
cooperative agreement, similar in many respects (but not all) to a
partnership, the Sheriff 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 the
Sheriff: his employees, agents or volunteers resulting in either bodily or
personal injury or property damage to any individual, property or
corporation.
4. Modification. Additions to, modification to, or deletions from the
provision of this contract may be made only in writing and executed by
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the BOCC. No modification shall become effective without prior written
approval of both parties.
5. Breach and Penalties. The parties agree to full performance of the
covenants contained in the 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.
6. Indemnification and Hold Harmless.
a) To the extent permitted by law, and as limited by Section 768.28,
Florida Statutes, the BOCC shall defend, indemnify and hold
harmless MCSO and its officers, employees, or agents from any
and all liability, losses or damages, including attorneys' fees and
costs of defense, which MCSO or its officers, employees, or agents
may incur as a result of any claim, demand, suit, or cause of action
or proceeding of any kind or nature arising out o:f, relating to, or
resulting from the negligent performance of this Contract by the
BOCC, its employees, officers and agents. MCSO shall promptly
notify the BOCC of each claim, cooperate with the BOCC in the
defense and resolution of each claim, and not settle or otherwise
dispose of the claim without the BOCC's participation.
b) To the extent permitted by law and as limited by Section 768.28,
Florida Statutes, MCSO shall defend, indemnify and hold harmless
the BOCC and its officers, employees, or agents from any and all
liability, losses or damages, including attorneys' fees and costs of
defense, which the BOCC or its officers, employees, or agents may
incur as a result of any claim, demand, suit, or cause of action or
proceeding of any kind or nature arising out o:f, relating to, or
resulting from the negligent performance of this Contract by
MCSO, its employees, officers, and agents. The BOCC shall
promptly notify MCSO of each claim, cooperate with MCSO in
the defense and resolution of each claim, and not settle or
otherwise dispose of the claim without MCSO's participation.
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c) The indemnification provIsIons of this Contract shall survive
termination of this Contract for any claims that may be filed after
the termination date of the Contract provided the claims are based
upon actions that occurred during the performance of this Contract.
7. 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 Sheriff agrees for venue of any dispute to lie in
Monroe County, Florida.
b) The Sheriff shall comply with all federal, state and local laws and
ordinances applicable to the work or payment for work thereo:f,
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 BOCC to terminate this Agreement
immediately upon delivery of written notice to the Sheriff.
8. Taxes. The BOCC is exempt from Federal, Excise and State of Florida
Sales Tax.
9. Finance Charges. The BOCC will not be responsible for any fmance
charges.
lO. Severability. 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.
11. Assignment. The Sheriff 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 BOCC. In the event of such consent, this agreement shall
be binding upon the Sheriff's successors and assigns.
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12. Disclosure. The Sheriff shall be required to list any or all potential
conflicts of interest, as defined by Florida Statues Chapter 112, Part III
and the Monroe County Ethics Ordinance. The Sheriff shall disclose to
the BOCC all actual or proposed conflicts of interest, financial or
otherwise, direct or indirect, involving any client's interest which may
constitute a conflict under said laws.
13. Care of Property. The Sheriff shall be responsible to the BOCC for the
safekeeping and proper use of the property entrusted to the Sheriff's care,
and to process all documents necessary to continue, without interruptions,
any maintenance or service contracts relating to such equipment for its
service life.
14. Ethics Clause. The Sheriff warrants that he has not employed, retained or
otherwise had act on his behalf any former County officer or employee
subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any
BOCC officer or employee in violation 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 Sheriff or BOCC officer or employee.
15. Termination. Termination of the 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.
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.
)l6. Full Agreement. This Agreement constitutes the entire and full
understanding between the parties hereto and neither party shall be bound
by any representation, statement, promises or agreements not expressly set
forth herein and in duly executed amendments under paragraph 4 hereof.
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/:,,~~~~~ss WJI.EREOF, the parties have executed this agreement the day and
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Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor/Chairman
(SEAL) SHERIFF
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MONROE COUNTY SHERIFF'S OFFICE
APPROVED AS TO ~ORM:
C ~1" L-~ P-
MARK l. WILLIS
~~ COUNSEL
DATE: I~~ 9
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