01/03/2017 to 01/02/2019 01/18/2017KEVIN MADOK, CPA
MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER
DATE: January 24, 2017
TO: Kathy Peters, CP
County Attorney's Office
FROM: Pamela G. Hanceputy Clerk
SUBJECT: January 18th BOCC Meeting
Enclosed are two duplicate originals of Item N11a Lease Agreement with U. S.
Representative-Carlos-Curbelo-for the use of office space in the GATO Building, starting on
January 3, 2017 and extending through January 2, 2019 execute on behalf of Monroe County.
Please forward our office a fully executed duplicate original once it is signed by
Representative Curbelo. Should you have any questions, please feel free to contact me at ext.
3130. Thank you.
cc: Finance
File ✓
LEASE AGREEMENT
THIS LEASE AGREEMENT, made this 18th day of January, 2017 by and
between MONROE COUNTY, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida 33040 (`BOCC"), Florida and
United States Representative, Carlos Curbelo, an elected official of the United States
government, ("Congressman").
WHEREAS, the BOCC leases office space to other governmental agencies
servicing the Monroe County; and
WHEREAS, the Congressman 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 the Gato Building, located at 1100
Simonton Street, Key West, Florida for the Congressman's use;
NOW THEREFORE, IN CONSIDERATION of the mutual promises and
covenants set forth below, the parties agree as follows:
Contract Term. This agreement is for the period commencing on January
3, 2017 and terminating on January 2, 2019.
2. Premises. The BOCC leases to the Congressman and Congressman leases
from the BOCC appropriate office space, at the Gato Building, located at
1100 Simonton Street Key West, Florida ("Premises"), in accordance with
this Agreement.
BOCC Responsibility. The BOCC shall direct its Administrator,
Departments Heads, County Attorney, and staff to provide certain
facilities and support to the Congressman 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 Congressman is, and shall be, in the
performance of all works, services, and activities under this Agreement, a
government entity independent from the BOCC and not an employee,
agent or servant of the BOCC. The Congressman 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 Agreement is a cooperative agreement, similar in many
respects (but not all) to a partnership, the Congressman 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, gross negligence, or intentional conduct on the part of the
Carlos Curbelo GATO Bldg room 1-213 2017
Congressman, 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 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.
7. Hold Harmless. The parties to this agreement stipulate that Monroe
County is a governmental agency as defined by Florida Statutes and
represents to the Congressman that it has purchased suitable Public
Liability, Vehicle 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 agreement. The Congressman is an official of
the Federal 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 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 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 Congressman agrees that venue for any dispute will lie in Monroe
County, Florida.
b. The Congressman shall comply with all federal, state and local laws
and ordinances applicable to the work or payment for work thereof,
and shall not discriminate on the grounds of race, color, religion, sex,
age or national origin in the performance of work under this
Agreement.
Carlos Curbelo GATO Bldg room 1-213 2017 2
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 Congressman.
9. Taxes. The BOCC is exempt from Federal, Excise and State of Florida
Sales Tax.
10. 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 Congressman 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 Congressman's successors and
assigns.
12. Additional Conditions. The Congressman 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 Congressman has been notified in writing and
no such additional conditions shall be imposed retroactively.
13. Care of Property. The Congressman shall be responsible to the BOCC for
the safekeeping and proper use of the property entrusted to the
Congressman'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 Congressman 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 BOCC may, in its discretion, terminate this agreement
without liability and may also, at its discretion, deduct from the sums
owed under the agreement, or otherwise recover, the full amount of any
Carlos Curbelo GATO Bldg room 1-213 2017 3
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fee, commission, percentage, gift, or consideration paid to the former or
present County officer or employee.
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.
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 5 hereof.
e parties have executed this agreement the day and
Carlos Curbelo GATO Bldg room 1-213 2017
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairman
U.S. SEN
Carlo C elo
By
Title C (im n FV- -2,,, 1U
1
Th' document was approved as to form by:
Uai-,) 3121117
Patricia Eables, Assistant County Attorney Date
Monroe County Attorney's Office
Florida Bar No.: 491012
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470
Carlos Curbelo GATO Bldg room 1-213 2017