Item O2County of Monroe
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BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
The Florida. Key
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Mayor Pro Tem David Rice, District 4
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Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
March 15, 2017
Agenda Item Number: 0.2
Agenda Item Summary #2682
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292 -3470
n/a
AGENDA ITEM WORDING: Approval of a Lease between Judge Edwin A. Scales, III and
Monroe County BOCC for designated space in the Monroe County Courthouse, Freeman Justice
Center.
ITEM BACKGROUND: Judge Ed Scales of the Third District Court of Appeal has requested that
Monroe County lease to him space in the Freeman Justice Center for use as chambers when he is
working from Key West. Chief Judge Mark Jones has identified space, known as the "Chief Judge's
Hearing Room" to be used for this space. The Chief Judge and Court Administration support this no
cost lease. The County has leased similar space in other county buildings to other officials and
agencies at no cost.
PREVIOUS RELEVANT BOCC ACTION: NONE
CONTRACT /AGREEMENT CHANGES:
Lease of designated space in the Monroe County Courthouse, Freeman Justice Center
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Judge Scales Lease
FINANCIAL IMPACT:
Effective Date: Upon execution
Expiration Date: Expiration of Judge Scales term of office or by other termination.
Total Dollar Value of Contract: None
Total Cost to County: None
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
N/A
REVIEWED BY:
Bob Shillinger
Budget and Finance
Maria Slavik
Kathy Peters
Board of County Commissioners
Completed
02/27/2017 10:04 AM
Completed
02/27/2017 10:11 AM
Completed
02/27/2017 11:01 AM
Completed
02/27/2017 1:25 PM
Pending
03/15/2017 9:00 AM
rill, i, .. ° ! ! .. . I ! N
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this 15th day of March,
2017 by and between MONROE COUNTY, a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 ( "BOCCI'),
Florida and EDWIN A. SCALES, III, JUDGE; Florida's Third District Court of Appeal,
2001 S.W. 117`" Avenue, Miami, Florida 33175 -1716 ( "Judge ").
WHEREAS, the BOCC leases office space to other governmental officials
servicing Monroe County; and
WHEREAS, the Judge has requested the use of County office space; and
WHEREAS, the BOCC has determined that it is in the best interests of Monroe
County to provide appropriate office space, at Monroe County's main Courthouse,
Freeman Justice Center, 302 Fleming Street, Key West, Florida for the use of the Judge
in which to conduct Court business when in Key West, Monroe County.
NOW THEREFORE, IN CONSIDERATION of the mutual promises and
covenants set forth below, the parties agree as follows:
1. Contract Term. This Lease Agreement is for the period commencing on
March 15, 2017 and terminating on upon the expiration of the Judge's
term of office. No rent is being charged for this lease.
2. Premises The BOCC leases to the Judge and the Judge leases from the
BOCC appropriate office space, at the Monroe County Courthouse,
Freeman Justice Center, 302 Fleming Street, Key West, Florida
( "Premises "), in accordance with this Lease Agreement. The subject
office space is currently referred to as the "Chief Judge's hearing room."
3. BOCC Responsibility. The BOCC shall direct its Administrator,
Departments Heads, County Attorney, and staff to provide certain
facilities and support to the Judge as can be provided without requiring an
increase in personnel, any purchase or lease of real or personal property,
or any other out -of- pocket expenditures.
4. Relationship of Parties. The Judge is, and shall be, in the performance of
all works, services, and activities under this Lease Agreement, a state
judge independent of the BOCC and not an employee, agent or servant of
the BOCC. The Judge shall exercise control, direction, and supervision
over the means and manner of personnel and volunteers through which
he performs the functions of his office. Although this Lease Agreement is
a cooperative agreement, similar in many respects (but not all) to a
partnership, the Judge shall have no authority whatsoever to act on behalf
and /or as agent for the BOCC in any promise, agreement or
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Lease, Judge Scales,
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0315 1017
representation other than specifically provided for in this Lease
Agreement. The BOCC shall at no time be legally responsible for any
negligence, gross negligence, or intentional conduct on the part of the
Judge, his employees, agents or volunteers resulting in either bodily or
personal injury or property damage to any individual, property or business
entity.
5. Modification. Additions to, modification to, or deletions from the
provision of this contract may be made only in writing and executed by
the BOCC. No modification shall become effective without prior written
approval of both parties.
6. 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 terns 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.
7. Hold Harmless. The parties to this Lease Agreement stipulate that
Monroe County is a governmental agency as defined by Florida Statutes
and represents to The Judge that it has purchased suitable Public Liability,
and Workers' Compensation insurance, or is self - insured, in amounts
adequate to respond to any and all claims within the limitations of Florida
Statute 768.28 and 440, arising out of the activities governed by this Lease
Agreement. The Judge an official of the State of Florida government and
represents that in such capacity, he and his staff have insurance coverage
in an amount adequate to respond to any and all claims arising under this
Lease Agreement. Each party shall be responsible for any acts of
negligence on the part of its employees, agents, contractors, and
subcontractors. Responsibility for defending claims arising out of and
during the performance of this contract shall survive the termination date.
8. Laws and Regulations.
a. This Lease 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 Judge agrees that venue for any dispute will lie in
Monroe County, Florida.
b. The Judge shall comply with all federal, state and local laws and
ordinances applicable to the work or payment for work thereof, and
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03/15 ?2017
shall not discriminate on the grounds of race, color, religion, sex, age
or national origin in the performance of work under this Lease
Agreement.
c. Any violation of said statutes, ordinances, rules, regulations and
executive orders shall constitute a material breach of this Lease
Agreement and shall entitle the BOCC to terminate this Lease
Agreement immediately upon delivery of written notice to the Judge.
9. Taxes. The BOCC is exempt from Federal, Excise and State of Florida
Sales Tax.
10. Severability._ 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.
H. Assignment. The Judge 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 Lease Agreement
shall be binding upon the Judge's successors and assigns.
12. Additional Conditions. The Judge agrees to accept additional conditions
governing the use of funds or performance of work as may be required by
federal, state or local statute, ordinance or regulation or by other policy
adopted by the BOCC. Such additional conditions shall not become
effective until the Judge has been notified in writing and no such
additional conditions shall be imposed retroactively.
13. Care of Proaerty. The Judge shall be responsible to the BOCC for the
safekeeping and proper use of the property entrusted to the Judge'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.
18. Ethics Clause. To the extent applicable, the Judge 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. 10 -1990 or any BOCC officer or employee in violation of Section 3 of
Ordinance No. 10 -1990. For breach or violation of this provision the
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BOCC may, in its discretion, terminate this Lease Agreement without
liability and may also, at its discretion recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former or
present County officer or employee.
19. Termination. Termination of the Lease 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.
14. Full Agreement, This Lease 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 5 hereof.
IN WITNESS WHEREOF, the parties have executed this Lease
Agreement the day and year first above written.
[Signature Page to Follow]
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Lease, Judge Scales,
Freeman Justice Center
03.15i2017
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(SEAL)
Attest: KEVIN MADOK, Clerk
By
Deputy Clerk
(SEAL)
Attest:
W
Title
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Lo
Mayor /Chairman
Florida's Third District Court of Appeal
Edwin A. Scales, III, Judge
By
Title
This document was prepared and approved as to form by:
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Lease, Judge Scales,
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03A 51-20 17
Monroe County Attorney
Florida Bar No.: 58262
1111 12 "' Street, Suite 408
Key West, FL 3304
(305) 292 -3470