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03/15/2017 to 01/31/2027 03/15/2017MEMORANDUM OF UNDERSTANDING THIS EMO ANDUM OF UNDERSTANDING is made and entered into this � — day of , 2017, by and between the Monroe County Board of County Commissioners, a political subdivision of the State of Florida, whose address is1100 Simonton Street, Key West, Florida 33040, hereinafter referred to as "COUNTY," and The Monroe County Sheriff's Office, hereinafter referred to as "SHERIFF." WITNESSETH WHEREAS, the COUNTY has funds allocated for the purpose of funding wellness programs for COUNTY employees, and WHEREAS, the SHERIFF currently operates gyms in the lower, middle, and upper keys, and WHEREAS, the COUNTY and SHERIFF have determined the SHERIFF's upper keys gym is in need of additional equipment to properly serve the needs of COUNTY employees, and WHEREAS, numerous studies show that regular exercise is advantageous in improving health and lowering the costs of the Monroe County health plan, which in turn translates to lower costs to Monroe County taxpayers, and WHEREAS, the COUNTY has determined that therefore there is a public purpose in providing the SHERIFF's office with funding to purchase additional gym equipment as approved in advance by the COUNTY, in return for use of the gyms by County employees and retirees who are participants in the County health plan. NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and the SHERIFF agree as follows: 1. TERM - The term of this Agreement is from the date of approval by the Board of County Commissioners, through January 31, 2027, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICES - The SHERIFF will purchase gym equipment as approved in advance by the County. In return for the contribution of the funds described in paragraph four (4), below, the Sheriff will provide guaranteed access for employees and retirees of the Monroe County Board of County Commissioners, the Monroe County Land Authority, and all employees and retirees of other constitutional officers (Property Appraiser, Supervisor of Elections, Property Appraiser, Tax Collector and County Clerk) who are participants in the County health plan (hereinafter "Employees and Retirees ") at all gyms run by the Sheriff, as a wellness benefit of the County health plan. The SHERIFF shall establish a set of rules with which Employees and Retirees must comply in order to gain access to the gyms and rules of decorum while at the gym. All Employees and Retirees must comply with the rules in order to have access to the gyms. Any Employee or Retiree who does not comply with the rules set by the Sheriff's Office shall lose access to use the gym and gym equipment. In addition, the Sheriff's Office may require Employees and Retirees to comply with additional reasonable directives, including but not limited to a background check. 3. OWNERSHIP – The SHERIFF will retain ownership of the approved equipment and will maintain the items on the Sheriff's inventory. The SHERIFF is responsible for maintenance and upkeep of the equipment. 4. FUNDS - The total project budget to be expended by the SHERIFF in performance of the services set forth in this agreement shall be the total sum of thirty -five thousand, two hundred sixty -nine dollars and fifty -four cents ($35,269.54). 5. BILLING AND PAYMENT - The SHERIFF shall render to the COUNTY, after purchase of the equipment, an itemized invoice properly dated, describing with specificity the items of equipment purchased (including name of the item, price, make and model if available, and serial number if available), the cost of the equipment, and all other information required by the COUNTY for reimbursement. Upon receipt of appropriate documents the COUNTY shall reimburse the SHERIFF for the said expenditures. 6. TERMINATION - This Agreement may be terminated by either party at any time, for cause, upon not less than one hundred twenty (120) days written notice delivered to the other party. The COUNTY shall not be obligated to pay for any equipment ordered by the SHERIFF after the SHERIFF has received notice of termination. In the event there are any unused funds, the SHERIFF shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. 7. NOTICES - Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, and sent to: FOR COUNTY FOR PROVIDER Monroe County Administrator Monroe County Sheriff Richard A. Ramsay 1100 Simonton Street 5525 College Road Key West, FL 33040 Key West, FL 33040 Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. 8. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall assign this Agreement or any interest under this Agreement, or subcontract any of its obligations under this Agreement, without the written consent of the other. 9. ENTIRE AGREEMENT (a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. [The remainder of this page intentionally left blank.] 2 1 IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be Pereto by the proper officers thereof for the purposes herein expressed at Monroe r a, on the day and year first written above. BOARD OF COUNTY COMMISSIONERS MADOK, Clerk OF MONROE , FLORIDA 4 z ' e- )uty Clerk Mayor /Chairman Witness MONROE C NTY SHERIFF'S OFFICE By: Title: MONROE COUNTY ATTORNEY APP,�POV AS P= -'( �� NTHIA L. HALL ASSIST NT COUNTY ATTORNEY Date. ER r-D = r o r co CD o MONROE COUNTY ATTORNEY APP,�POV AS P= -'( �� NTHIA L. HALL ASSIST NT COUNTY ATTORNEY Date.