1. 08/24/2009 to 08/23/2010
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
August 25, 2009
TO:
Roman Gastesi
County Administrator
A TTN:
Connie Cyr
Aide to County Administrator
Pamela Hanc~~
Deputy ClerkCJ)~-
FROM:
At the August 19, 2009, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Lease Agreements between Monroe County and the
Monroe County Health Department to provide office space at (1) the Gato Building, Key West;
and (2) the Murray E. Nelson Government and Cultural Center, Key Largo.
Enclosed is a duplicate original of each of the above-mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
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
G.overnment 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
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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 (51 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 anyone
person or number of persons in anyone 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. IDEMNIFICATIONI 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 (Hi) 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
4
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:
County Administrator
Roman Gastesi, Jr.
1100 Simonton Street
Key West, FL 33040
LESSEE
Monroe County Heath Department
Robert Eadie
Director
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
6
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 3D-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.
7
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 SOLICITATIONI 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.
8
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.
9
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.
(S EAL)
ATTEST: DANNYL. KOLHAGE, CLERK
By a11~
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor/Chairman
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CHIEF FINANCIAL OFFICER
STATE OF FLORIDA
ALEX SINK
STATE RISK MANAGEMENT
TRUST FUND
Policy Number: GL.09-8300
General Liability
Ce~ficmeofCov~age
Name Insured: DEPARTMENT OF HEALTH
General Liability Coverage provided pursuant to Chapter 284, Part II, Section 768.28, Florida
Statutes, and any rules promulgated thereunder.
Coverage Limits:
General Liability:
5100.000.00 each person
5200.000.00 each occurrence
I Inception Date:
Expiration Date:
)
.
7/1/2009
7/1/2010
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CHIEF FINANCIAL OFFICER
DFS-DO-863
(REV. 3/0 J)
DEPARTMENT OF FINANCIAL SERVICES
THE CAPITOL, T ALLAHASSEB, FLORIDA 32399-0301 · (850) 413-2850 · TELECOPlER (850) 4] 3-2950
. DEPARTMENT OF FINANC~AL SERVICES
. . Division of Risk Management
STATE RISK MANAGEMENT TRUST FUND
GENERAL LIABILITY
CERTIFICATE OF COVERAGE
In consideration of the provisions and stipulations contained herein or added hereto and for 1I1e premium charged, the State RIsk Management Trust
Fund. hereinafter referred to as the -Fund". certifies that the State deparlment or agency named In this cer1IfIcate Is hereby provided general liability
coverage. Coverage shall be e1fective on the Inception date at 12:01 a.m. standard lime. .
This certificate is comprised of the foregoing provisions and stlpulallons, together w1ttJ such olher provisions and. stipulations as may be added hereto by
the Fund In the future: .
I. COVERAGES
0...1 UablIIty Coverage BodIry and Property Damage
To pay on behalf of the Insured aU sums which the Insured shaH
become legaUy obligated to pay as damages for injury or loss of
property, personal Injury, or dea1h caused by the negllgent or
wrongful act or aniSsion of any oftIcer, employee, agent or
volunteer of the named Insured, as such tenns may be fur1her
defined herein or by administrative rule, while acting within the
scope of his oftlce or employment, pursuant to the previsions
and limitations of Chapter 284, Part II and Section 768.28,
FIor1da Statutes.
H. DEFENSE, SETn.EMENT. SUPPlEMENTARY PAYMENTS
With respect to such coverage as is afforded by this certificate.
the Fund shall:
(a) defend any proceeding against the Insured seeking such
beneftts and any suit against the Insured alleging such
Injury and seeking damages on aOCOtmt thereof, even If
such proceeding or suit Is groundless, false. or fraudulent.
The Fund wltl Investigate all claims flied against the
Insured In order to determine the legal liability of the
insured and to detennlne damages sustained by the.
claimant The Fund will negotiate, settle. or deny the claim
based on these findings and appropriate FIoI1da law.
(b) pay an premiums on bonds to release attachments and on
appeal bonds required in any such dBfen~ suit for an
amount not In 8XC888 of the applicable limit d liability
established In this c:;erttfk:ate;
(c) pay all expenses Incurred by the Fund, all COSIS taxed
against the insured In any such suit. and an Interest
accruing after entry of judgment until the Fund has paid,
tendered, or deposited In court that part of such judgment
as does not exceecl the Umit of the Fund's liability thereon;
(d) pay expenses Incurred by the Insured for such Immediate
medical relief to others as shalf be imperallve at the time of
the aocldenl
II. DEFINmoNS
(a) Named Insured - The depar1ment or agency named
herH1.
(b) Insured - Stale department or agency named herein, their
oftIcers, employees. agents or volunteers.
(c) Volunteer - Any person who of his own free will, provides
goods or services to Ihe. named insured, w11h no monetary
or material compensation as defined In Chapter 1.10, Part
IV, Florida Statutes.
(d) Agent - Any person not an employee, acting under the
direct control and supeNislon of a state agency or
depaI1ment. for the beneftt of a state agency or
department .
(e) AutomobUe - A land motor \l8hlcfe, trailer, or semi-traller .
designed and licensed for use 00 pubBc roads (Including
machinery or apparatus attached ttlereto). but does not
Include mobile equipment
(f) Mobile Equipment - A land vehicle (including machinery or
apparatus attached thereto), whether or not self-propelled;
(1) not subject to motor vehicle registration, or
DFS-DO-863
Revised 3/01
(2) maintained for use exclusively on premfses owned
by or rented to the named insured, including the
ways Immediately a*lning, or
(3) designed for use principally off pUbic roads. or
(4) ~ned or maintained tor 1he sole purpose of
affording moblfty 10 equipment eX the following types
forming an Integral part of or permanently attached
to such vehicle; power cranes, shovels. loaders,
dIggers and drtlls; 00I'lCI'8t8 mixers (other than the
mlx-ln-translt type); graders, scrapers. IOIers and
other road COI18truc::11on or repair equipment; alr-
. compressors, pumps and generators. including
spraying, welding, and buUding cfeanlng equipment
and geophysical. exploration and weII-servldng
equipment
IV. EXCLUSiONs
This certificate does not apply:
(a) to bodily Injury or property damage . arising out d the
ownership, maintenance, operation, use, loading or
unloading of:
(1) any automobile 0YtIIl8d or operated by or ren1ed or
loened to any iJlSUJed, or
(2) any other automobile operated by any person In Ihe
course of his employment by any Insured, but this
exclusion does not apply to the parking of an
automobile on premises owned by, rented to. or
controlled by the named insured or the ways
Imnedfately adjoining, if such automobll$ is not
owned by, rented, or loaned to any lnsul'8d;
(b) to any action which may be brought against the named
Insured by anyone who unlawfuly participates in riot,
unlawfUl assembly, public demonstration, mob violence, or
chili disobedience if the claim arises out of such rtot,
unlawful assemQiy. public demonstration, mob violence. or
eMl dJaobeclence;
(c) to any obligation for which the insured or the Fund may be
held UabIe under any employer's liability or workerS'
compensation law;
(d) to property damage to property owned or occupied by the
Insured;
(e) to property damage to premises alienated by (he insured
artslng out of such premIses or any part thereof;
(f) to loss of use of tangible property which has not been
physlcaHy Injured or des1royed, resutting from:
(1) a delay in or lack of performance by or on behalf of
the named Insured m any contract or agreement;
(2) the failure of the named Instnd"s products, or INOrk
pedonned by or on behalf of the named Insured to
meet the level of performance. quality fttness. or
durabllty warranted 01' represented by the named
Insured;
(g) to property damage to the nimed Insure<rs products
arising out of such products or any part of such products;
(h) to property damage to work performed by or on behalf of
the named Insured. arising out of the work or any portion
thereof, or out of materials. parts, or equipment furnished
in connection therewith;
(I) emInent domain proceedings or damage to persons or
property of others aJislng therefrom;
0) to punitive damages;
(k) to actions of Insureds committed In bad . faith or wlth
maUclous purpose or in a manner exhibiting wanton and
willful disregard of human rights. safety, or property;
(I) to professional medical liability of the Board of Regents,
the physlaans, officers. employees, or agents of the
Board; .
(m) to liabilfty related In any way with nuclear energy;
en) to lIabJUty assumed by the Insured under any contract or
agreement;
(0) to final Judgments .In which the Insured has been
determined to have caused the hann Intentionally;
(P) to awards for injunctive. decfaralory, or prospective relief
rendered against an Insured by any federal or state court,
agency or commission.
(4) Action Against the Fund
No action shall lie against the Fund unless, as a
condition precedent thereto, ahe Insured shalt have
been In full compliance with all of the terms of this
certificate and the provisions of applicable Florida
Statutes.
(5) Severability of Interest
The tenn "the Insured" Is used severally and not.
collectively, but the inclusion herein of more than
one Insured shaD not operate to inaease the limits
of the Fund's liability.
(6) limits of Llablity
The limit of liability expressed as applicable to -eaCh
person" Is the limit of the Fund's liability for all
damages, Including damages for care and loss of
services. arising out of personal Injury and property
damage sustained by one person as a result of any
one occurrence; but the totalllabHIty of the FUnd for
all damages sustained by two or more persons as a
result of anyone occurrence shall not exceed the
uniit of Iiabllily as applicable -each occunence",
(7) O1her Insurance
If there Is Insurance appUcable to. any c1arm, the
coverage extended by this certificate shall apply only
as excess insurance over any and all other
applicable Insurance.
(8) Terms of Coverage
This certificate is Issued for the purpose of
conftnnlng coverage as contemplated by Chapter
284, Part II, Florida Statutes, In the event of any
conftlct between provisions or coverages in this
certificate and Ihe provisions of any Florida Statutes
or laws Including, but not Ifmtted to the afOresaid,
said statutes and laws shalt control.
(9) Cancellation
FaUure of the Fund to. receive the amount of
premiums bRied to the Insured agency within the
Ume frames allowed by law may result In
cancellation of the certificate of coverage.
Payments must be made. promptly from the insured's
operating budget upon receipt of the premium bill as
specified in Section 284.36, Florida Statutes, and
lack of prompt payment wUl result In a request from
the Fund to the Comptroller to transier premiums
from any available funds of the delinquent agency
under the provisions of Section 284.44(7), Florida
Statutes.
V. CONOI11ONS
A. Premium
Premium charges shall be assessed In. accordance with
the provisions of Chapter 284, Part II. Aorlda Statutes, and
any rules promulgated thereunder utilizing a retrospective
rating arrangement premium calculation methOd Whereby
80% of the premium is based on losses actually incurt1ld
by the Insured and 20% Is based on the changes In risk
exposures (employees, etc.) of an Insured. The premium
must be paid promptly by an insured agency from Its
operating budget upon receiving the premium bill or
invoice.
B. Audit
The Fund shan be pennltted to examine and audit the
Insured's books and records at any time during the term of
this coverage and any extension ~ereof, and wfthln three
~rs after the tlnal lermination of this coverage, as far as
they relate to the premium bases or the subject matter of
this coverage.
C. In.urecr. Duties In the Event of Occurrence, Claim or
Suit
(1) Event of Occurrence
Wrttten notice containing partfaJlars sufficient to
identify the Insured, along with reasonably
obtainable Infonnation with respect to the time. place
and circumstances thereof, the. names and
addresses of the Injured and aU known witnesses,.
shal immediately be given by or for the insured to
the Fund.
(2) Notice of Claim or Suit
If claim is made by suit brought against the insured,
the Insured shall Immediately forward to the Fund
every demand, notice, summons, or other process
received by him or his representative, Faifure by the
insured to advise the Fund of a claim or suit prior to
a setUement agreement or the Insured otherwise
obligating Itself, shall void coverage by the Fund. for
that claim.
(3) Assistance and Cooperation of the Insured
The insured shall cooperate with the Fund and, upon
the Fund"s request, assist In making setUements, in
tt1e conduct of suits and In enforcing any right of
conb1butlon or indemnity against any person or
organization who may be liable to the Insured
because of Injury or damage wtth respect to which
coverage is afforded under this certificate. and the
insured shall upon request, make available all
agency records pertainIng to a specific claim, shall
attend hearings and trials and assIst In securing and
givIng evidence and obtaining the attendance of
witnesses. The Insured sha. not, except at his own
cost, voluntarily make any payment. assume any.
obJlgation Qr Incur .any expenses other than for first
aid to others at the time of accident.
D. Self-Insurance Coverage
Coverage for defending and paying.clalms under this
certificate is provided under the authority of Chapter
284, Roode .Statutes, wherein the stale Is authorized
to administer a seJf..jnsurance program. Provision of
this certfflcate does not constitute the Issuance of
insurance other than on a self-fnsu~ basis, and
payment of any covered claim obligations Is
,contingent upon availability of leglslatiw funding.
DFS-DO-863
Revised 3/01