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Item F06BOARD OF COUNTY COMMISSIONERS County of Monroe A Mayor Heather Carruthers, District 3 f T$ne Florida Keys (, S �� Mayor Pro Tem George Neugent, District 2 t� ) ��` �� �' Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting November 22, 2016 Agenda Item Number: F.6 Agenda Item Summary #2279 BULK ITEM: Yes DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Dan Bensley (305) 292 -4468 None AGENDA ITEM WORDING: Approval of a Memorandum of Understanding between the BOCC, the Monroe County Sheriffs Office and the Department of Juvenile Justice for the MCSO to occupy and use certain DJJ office space on the First Floor of the Monroe County Juvenile Detention Center located at 5503 College Road Key West, Florida 33040. ITEM BACKGROUND: Request approval of a Memorandum of Understanding between Monroe County BOCC, the State of Florida Juvenile Justice Center (DJJ) and the Monroe County Sheriff to occupy office space on the first floor of the Juvenile Justice Center on Stock Island for the purpose of a new property locker. PREVIOUS RELEVANT BOCC ACTION: On November 20, 2001 Monroe County BOCC approved an agreement between the State of Florida, Department of Juvenile Justice (DJJ) and the Monroe County Sheriff's Office to enter into a construction and occupation agreement for a Juvenile Justice facility with Monroe County. On July 1, 2004 Monroe County BOCC approved and entered into Maintenance and Repair Agreement between the State of Florida, Department of Juvenile Justice (DJJ) and Monroe County in regards to the Juvenile Justice Center located on Stock Island. CONTRACT /AGREEMENT CHANGES: None STAFF RECOMMENDATION: Staff recommends approval DOCUMENTATION: DJJ Lease 2001 and 2004 DJJ Lease 2016 FINANCIAL IMPACT: Effective Date: December 1, 2016 Expiration Date: Total Dollar Value of Contract: None Total Cost to County: None Current Year Portion: None Budgeted: None Source of Funds: None CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: No financial impact for the BOCC only for the Monroe County Sheriffs Office and the State of Florida Juvenile Justice Department. REVIEWED BY: Ann Mytnik Completed 11/02/2016 9:02 AM Doug Sposito Completed 11/02/2016 9:19 AM Rene Rogers Completed 11/03/2016 12:30 PM Budget and Finance Completed 11/03/2016 4:16 PM Maria Slavik Completed 11/04/2016 7:24 AM Kathy Peters Completed 11/04/2016 10:10 AM Board of County Commissioners Pending 11/22/2016 9:00 AM C OUNTY MONROE KEY WEST SVFL0RIDA330A0 , (305)294-4641 July 29, 2004 Ms. Wanda P. Smith Florida Department of Juvenile Justice 2737 Centerview Drive Tallahassee, FL 32399-3100 Rem Maintenance Agreement for DJJ Center in Monroe County Dear Ms. Smith: BOARD OF COUNTY COMM'ISSIONERS Mayor Murray E. Nelson, District 5 Mayor Pro l"em David 1". kice, District 4 Dixie M. Spehar, District I George Neugent, District 2 Charles "Sonny" McCoy, District 3 On July 14, 2004, the Board of County Commissioners approved the above- referenced agreement. Enclosed are triplicate originals to be executed by DJJ. Please be sure to return the fully-executed "Monroe County Clerk's is Original" and "Monroe County Finance Department's Original" - to me, of the address listed above, as soon as possible. Should you have questions, please feel free to contact me > r Bob Stone. Sincerely, Beth Leto Sr. Administrator cc: Bob Stone (1145 c MAINTENANCE AGREEMENT FOR DEPARTMENT OF JUVENILE JUSTICE I DETENTION CENTER IN MONROE COUNT This Maintenance and Repair Agreement is made and entered into between the Sit-ate of Florida, Department of Juvenile Justice ('DJJ") and Monroe County ("County"), a. political subdivision of the State of Florida, 1,2004. WITNESSETH: WHEREAS, the state of Florida,: Department of Juvenile Justice (DJJ) has entered mito a construction and occupation agreement for a Juvenile Justice facility with the Monroe County Siherffs Office and Monroe County, said agreement being attached and incorporated within this agreement as Exhibit A; and, Ufimps�� 1 0 The to of this agreement shall be concurrent with the te o f th Construction and Occupation Agreement between DJJ, Monroe County Sheriffs Office and Monroe County (Exhibit A), which ends at midnight, June 28, 2049. 2. The agreement amount agreed to herein will be reviewed . in March of each year by both parties mid may be adjusted through a mutual letter of understanding that would then become part of this agreement, 3 Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. In order for DJJ to terminate this agreement, it shall pay all costs incurred on a pro rata basis. As consideration for Monroe County providing skilled multidiscipline labor per the attached Scope of Work (Exhibit B) for the repair and, maintenance of the first floor of the Juvenile Justice Center (Juvenile Detention Center), DJJ shall pay the County Forty Five Thousand Dollars ($45,000,00) per year. 3. Payments shall be made to the County quarterly in arrears and pursuant to Florida's Prompt Payment Uaw. County shall invoice DJJ quarterly. The requirement for final payment of monies due for services rendered shall survive the to of this agreement. 2 06/23/041 Packet Pg. 143 1 7. Any service calls that are required beyond, what is stated in the attached Scope of Work (Exhibit 13) will be invoiced by the County to DJJ'per the following: ARTICLE III - LIABILITY AND INSURANCE 3 06/23/ ARTICLE IV - OTHER OBLIGATION UNDER THIS AGREEMENT 3, Authority, Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 4. Claims for Federal or State Aid. The parties agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved, by each party prior to submission. 4 06/23/ 6, Covenant of No Interest. The parties covenant that neither presently has any interest, and all not acquire any interest, which would conflict in any manner or degree with its performance Winder this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement, 8. No Solicitation/Pay nt, The parties warra-nt 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 5 06/23/ Public Access. This agreement may be canceled by either party for refusal to aJlow public access to ail documents, papers, letters or other material subject to the provisions of Chapter 119.07, Florida Statutes, and made or received in conjunction with this agreement. 1.2. Execution in Counterparts. This 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 Agreement by singing any such counterpart. 13. Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 6 06/23/041 Packet Pg. 147 1 All notices required under this agreement must be provided by certified or registered mail, addressed to the proper party at the following address: For DJ J: Asst- Secretary for Detention 2737 Center Dr. Tallahassee, Florida 32399-3 100 For Monroe County; County Administrator Cato Building Key West, Florida 33040 2. All parties to this Agreement are governmental agencies. To the extent that this Agreement may extend past the term of office of any individual noted above, it shall not be necessary for any party to notify the other of a change of name' for any official above in order for this Agreement to be enforceable. ARTICLE VI - INTERPRETATION OF AGREEMENT 1. This Agreement shall be interpreted and construed under the Laws of Florida, 2 If any one or more, of the provisions of this Agreement are for any reason held to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality or unenforceabilit will not affect any other provision of this agreement, which shall be construed as if it had not included an invalid, illegal or unenforceable provision. 3. This Agreement constitutes the entire agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter. 4. No amendment, modification, or alteration of the terms of this Agreement is binding unless in writing, dated after the date of this Agreement and executed by an individual authorized by each party to enter in binding contacts, 7 06/23/ The provisions, terms, or conditions of this agreement shall not be constTued as consent by DJET or the County to be sued because of this Agreement or the operation of juvenile justice facility. S. The parties agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between ax�y of the the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 8. Binding Effect, The terms, covenants, conditions, and provisions of this Agreement shall bind, and inure to the benefit of the County y and DJJ and their respective legaJ representatives, successors, a-lid assigns. 8 06/23/ related to the substance of this Agreement or provision of the services under this Agreement. The parties specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ARTICLE VII - FUNDING AVAILABILITY Remainder of page left blank intenfion,*y I 06/23/0 1 Packet Pg. 150 1 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. 1. STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE Authotized Signature Type/Print Signatory's Name T�ype/ Print Title '1)Y pe/Print Date BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA I I/ I Ll j - ,w-00 , I J TT 0 N NEY ­ AN T 10 06/23/()A Packet Pg. 151 EXHIBIT A CO N STI Z U CTI 0 IN A N 1) 0 C (J J P ATI 0 N A GR E 11" M ENT I FACTU"ry IN NTY .111, is Conwuctioll Mid 0t CLJP�jt'On Agreement IS Imade 111 SMIC car Florida, D(,,T)arTn orj j - the. Mmirm Ct,)tjjjty U s CC Office (-MCS()-), and MOIA�-oe ice sul)(fivisions Octj" stL a�c of Ffon(k Mate WYrNF,SSET'1rJ: WI 1j Ujc S[Mc 01'Flori&, DOP"Onlent 01"luvertdc J[jst fcc (IM) 1 ) , "s c'mcred 'M(O £l Icas l r w [110 County fo t1 cmlMructiml and operabon of lU.StfCc C ility swirl lci)sc" and incorporat wiih' -kr)d W" h'b 1 11) this ']Pf jell t ; I N I`x t fts A mid D rc c c t I y r.r nd W I I ]'°"R I"AS b I)jj W1 I I () %Yr) [I 1 "A (.Jci j , i ,,) ' rst c a ( �'vo - stovy - idd' - Jon (CJj 10 ffic Mnnroc County= E)C� crlj it ion F"Militymd the (.' ( lwtl [I)(- Socond Floov Ol'thc Addkion arid; IM111(y wi ll W1 11"Rf" iAS, L ut MC SO dcsWe LO collaborate ire tia� consl!'uchoj) rand operation OftheJuvelli'le 'Ustice 17111'ancing, Y; a n d W1 I F'R I ' MCSO, ar)d th County desire to dctcrlmnc their rc"Spechvo resat llsib for. ma'Mtclimcc and repair Of the Addiholl kInd W1 IL"REAS, tll F�orlda Lcj,.6 C islaturc has deterfm Oiat Jocatmj a.jid devclopincl-]t Orl"lccd(-'d residential and de terit, i- loll f for- crtucal to thc Publ' Cr67.cns ofti c 1c l lcall , h, FMfete and welfarcof t1 of'fcjlclul�s Wid ommunay and w the cff I-C habillimlon or.jumille, Wl TRl"'AS, it as imporjaj ClOS(: Ilmnc Comm un'tIGs Of the children I S c I'fc c I in order to IY�urc dic rjj()st ticrr cCror(s as well 'IS the Most i11tcI)S1vc POI S1 NUPCI alld c tsc inamiL',cment; artcl tcrM�" L) J J, Im . cso� art d [Ile County agree to flic 'rollowing D Ing [Ile Construct and occt�pancy el f th add tlrc 'IC JUVC(If 111011 jushce 1 i I'aVc. 1 of't2 ART1Ci.[-,' I - - 1 , jRN4 'T , hall be conc WHI WISC I" " " Lan; of the N101 "oe CMinty and DJJ (EXIlibitR A;,wd L ,) III the event that I)jj INS over in its tenancy , (.,q rrr.rrrr rc;�acarr.il lc fear 1 ) p"Fly Shall -AP"cu voll) tits tl� Ol'this Aprccil ARACLE 11 - " ILJIl ()r; F DJJ shall be re for c ,t ruct i o , fl C) r the � cat itMs developed in coordination witi �vj(,,So. nt to T"'i 1 r' l W sir al I be consi derod 11 () wncr 0 1 f A le pr jcct t;()n"'Uj[fjnts vVith gcncral Contrac(ors, archite or ot�lcl PI required for c ( , )nqt - LjC[ i 0 � ) 0j In the cvonj orany Casu"Y " ' U " I E , t)lj 1101 fifllitcd 10, tjn l Othcr Casualt that is 1) -mgcs 11 p by the MNut dun'ng construction that dan t I ) J J, ffei'e, d (jues, scat rclidul. Compicti of the Projcct impractical, DJJ shill i a ll in'tcrided tor cowinnation orc car ls , trllction and rcmediation of the Projw. For puvposc. of this P:-Iragraph, cc�fnplction orthe p s j ltj jj be deemcd s111pmctw�'Il if: &C cost ofCon6nqCd c onslr - uctjOn is EVenler than inswaric Proceeds and ffic rem3ming COWS"Ction budget, or rjvadsiblc 1). Nznd Cn%'UajjY Acm thu tcased site oi- tl I d0cmims the locatk is ju) Such 'wihty longer sLnt Ir the ,' evcnt that contawation or ( ' 0 JnPlCli0D Of U'w- Pr is I'ClIdercd h y a `Y ctIsUaItY inchidint! , b jjot jimitod to, rlre, hUlTjC ljee () f .InY other casuai[y di at Is not, the Gault of Dii, DJJ and MCSO Con')PCIISAW lion, insumnce proveds in arnounts p ropoo j onvIc tc) financird contribufor.1s 4 the Car )cct budga "ge 2 01 will ol 1 o ) ect, J')Jj SI)a l) n() 'mility k)j" I Y (IMC t I tile ol' substant c()jjjpJ Horl. mspect I 0r) oI tf `Jccs. N SO and County MaY Provide- COMMC11ts for DJJ's in co jt or,-,n Y Purch I k1s to be addressed b r Y the eencral conlractor prior to acceplance ()f tl comp be obNL!3(cd to, e(10' ted Project, 1 lov "ver, F)JJ shalt 1 " 0 the J',rcncral contractor ECG make any tdtcra['101)s ot COF'rcchon 1)0( '11) ComplialICC with the CorWiruction plans or speCIFICmiMis, 6, WJ Shall be "OSPonsi ble Ccir coordination of all vvamaw T"cclutcccl under its construct' work 'or) contracts and Dl r i MCSO and (Ile Connly with a 1 J shall provide lis OCitc that are covered by w<irmrity J "my contractor, Upon oCCUTWIncy by the C o f t Sccorl(j , ti C otlrlty s), I 'loon , as Article III 'III Pr()rj)PtIy not ill lliafcl'Ja� Or workmansil' 1(y DJJ of any defects t-1,encr-al contractor. IP that are Govcred under warranty fi•orn [lie A RTI CL E f I I — OCC U PANCY A N D TJ�S p The Add'[' lon will b i tjjrc;C level facilItY. Use and occup 0 1 , lcvcls Shall be is follolvs, tired Ground Floor shall consist of' 111C parkin camera-opci-,ited SeCt entrai ired elevator inn !c f I p i Ice to Elie Addition anel g rst ari(I Second Floo F purpo ;es of tlk at'reemell, the Unsecured are Of the thos Ground Floor shall be cc ( . 1 011 - 1mon Area fo c us 11sidered a , the Additio 2, he f"IrSt Roor shafl be occliplCA by DJJ for die opci of'a f orly - fivc (45) bed resident mijuvCnil fi t �lv. Said residential fa cOntarn both I secure det I I ty ri'lay DIJ May contract witli a thiz ' ( Y Uld a msi deritia L , vGn I e )rc)p -n T, flee dejellt, - d party (Provider) Cox' My or all c i () 11 facili )perations o f" I I ItY OF residential Program. Any Stich providc sh I rtracl 111(, and hold hartnI t Of h.jVCjj'jP acis pursual t M('() for ally toilljous County, Department ii. 2 8, 1 1 0 the provisions o1'S cct JdA Staftitcs and c OMP"Y with any mistirance re- q uircillew of,h, ", A and D Y I YaCh , Provider's individual coflt Mcl and subje,- sse provi -Ounty or MC SO, will speciricully conla, Ivit- W Djj, the mcnt' Slons for proper indc-mnjfjc-,j[l0ir rind liold harrrjj loried, includirip Insurance re quiremenU noted in Exi A and B to The County w1ji O Vrj dA Scccmd Floor. COurlty may jh ! > ( ;CMIJ Floor lorany 9mlernnicni purpose, %vithtj�c out J nF 12 "UHAnn WaNg to P&M nompqn, Agencies, M UNC or pula use ref` the Sccolltj ) l ow"M the WnHy ina in any rnallner t u - 11"Caswimbly imcf fc:rcs with the operatioll o ft 0 juveldlejustice Milk, ' Hie Comity Must ruquij,c c arr y t c � t () rthc ScCond f 1 q? 1() in(j arttl , ("ounty, and comp�y with the insurancc reqU �ACSO, not hu Itq 0 1 , (L!l 4,l lit s re t'lpc (jJJJ ted St Mcs tar S1,11C 01 , I loridl. 4- A ny ( ()I LeSsuc not m, a ),)Ffy to [I Agrce llictIt agrcc III writirill, to abide [) ' :44rcul"Clif purilli'llin Y ]t "N a Cc ofany Wlflr,lct, lcas nj. 8 uSe Of the Addilion- S. A% ocL,,,jjp, the COLMLY vir MCSCO ma make altcY Itiow), w1ditions, or in1pI-ovCr,,Ic1It Y s 10 011 Second Floor aft rcam ll(Aicc to DJA 0. - 1 11C ( `L"ItY w,"' Inds to DJJ t it Owns lawfuj title 10 I In I xn I Y, A R `"1`1 I V - CO NS l f ) L,fP,,A 1 -10 N As consideration Ar DIQ cOnstniction of Q .MR& al)( ;`)8F("Clr,,,,,t tO 01')Crd c L' I jL)VCJ)j)0 justice facility on the First Flo 1\4C ca Thrcc aild Ocue. hag Whon Dollars ($3,500 'he co " s " "utioll Of tho Addition. EUJ shyl cantrit)WC F�'()w t\, o ) n 1iplil towar I IM4 Nine, live Four Hundred Dollars ($J,S., , 0) , thic pro'ect and Twovide all Conswiction related Ser throkig , i ) it q()0 C architcc[ -U)d other pro Cession"ll"-, Y I I i (, n [ s h a ll b C ma de: a s nowhly paymms t is has p1lid Percent (80%) Of its tot contributio o f , () l - S3,916,320M whCrI DJJ J Pitid 80% of its tool its COJ)[rjl)Ulio to J MC SO SJU01 pay its 0,tributioll irl this manner: i. Wheil d rcqucs, or :1 mon(Ifly rrot ro.5 p ly , 11cr11 Mlh by I M 's ) contractor, COT) man ag l " car rcv'(cw it and . or 1 and the �M'Pccl [Ile, work. MIMI tllc consm.]C ion manap crs dcterjyjfflc that thc wovk ,, 01%1';lctory "And DJJ dctcrnln)c thilt paymcra 'l.s due Under t.lic (, M(.,'��O sha C kill Cf C( j 11 [) (lie 1 P� PaYMCW (SUhjcr1 to ml �'i dUc, to plartial paymcn t 1 M( 'SO Sl 1 1 -111 tMilsmit funds to DJJ c)ccj or - t,)y cl I c Ck tai° j Aflex mcso has paid its Cori t L )jt t i on, RU ,601 p, t 10 D/O o It=, con (ri b u t'l On acc(Dj-d i n p, i o dic t C() f I I f "Ic I (,OIls,[rtjct ARTj('1j'; V — MAMTENANCH ANIF ) OP-L,,RATING f�'.A('l I PARTY MAlNTAINS I'J'S DJJ , tir their ovvn T Oporatirli, cosi,s or (iic V- .0WIfy Floor, ii'st and ) TI 1, IT1 Waj cj a c c , T, c s ery I ice Will be prov to cach �md ` scParately• DJJ and ila County will pay t1leir Own costs F(),- ih,c:sc ! D.JJ will Pay the cost of lapping Into a rim amev 1 (',M)Ntl LlCtC(J. I Ile to tai and the County will [Ildy apportion U)c C()Sts of l"1,FVAT( MAINT!" I NANCE DJJ an� the Counly I w 11 pay cqu;fl 11- l"I'lMalning clevalors installed in (hc Addt'ti(M, 1. JANITORIAL S DJJ Ind t COUT - ItY will bov rcsp, F scirvicc t(,) tjlc�, fj 3, p 11 11 UMUND 1"LOOR MAINTf-',NA NC will be respansibl f' r p irklng fot and wafk%vays sw IDjj W�jj tic I.espolls,b1c, I , fc 1, a Asphalt i[q ar' ' Ueds , includ Prig parking F'�' 1c 51 ()(' 12 6, 1 ', X I (At PA I NO n NG: DJJ m)d the C uun 1 y V,'dl IM ("qL[r11 Shm'c's ( )t Ad(h(ioll- If the COL111ty JlttlfljC "X, ()rkN (he p aimln ? 101 Will Ychubure C()St, s thC C','OLj1I,[y t)tjC-j , I ' I n F IS QUITIOR PAIMING: DO an(i Otc C,c)ky veil t)(, MiCfim pnmtin 0�'�Jjcjj- jjj ;, t C C C i v c -� rj S U 1 '' PR L'S S 1 10 N S ) D1 (Y , I I tray zt9i "N Own to the com ormainkining the ly ( I r Hic A """Y MR Works Depamment p,brms, thu-, MaintC113t'wc, DJJ wM f uimhul m` (11C County one- �'J f Of' ([ C()S[. HOOTS mon UXIT'�,S�, I)JJ will pa fo rcjocj I, j I of 1d ic, c ,, is "cle g "It (11 (� COunly shaH be responsible for i[s futurc maj r (lie any p f cy1ces jt), DJJ will bc rcspons�iblc f'o by l) 1.1 10 , M 1131AS 10' AND DJJ a (j ; ' (- ' cc ss OWN systcins and doo oil t - lu�;pccjv I IV Ott '!. DJJ and th Cj urjly \Vill b( , r IVA csponsib] for maim, UIC, mly I C sys,, �in; 12. (;FjqFlj AITA(S, ' IN install a l 500 kVV elc" ri( 9c"MaLor with MOCK CquipmWit to perijjjl it to roll s ,P-,Lratcl Y Or m Conjunctj %v MC; O's CYjStillf" generator-, DJJ ax) d MCSO �yijj be resp Maintaining thuir Own gmerators, Each genera@or � i lc f VOY Mhur party's CInU9CFIQ/ LISC, '" bc uscd an a back 1 3. THUMI J()pqjjS Arm IN' TERN ET ACCESS: Di i will lac s cr l c f y f "NAMOK Or Inoviddy 'cleplione suvicc wid interAe� acc c, Ss f it`; LISC. L)jj is res 1-01 the costs of rcpair and rcph,, � rooF()j'IhO Addili,n 15 , THNMN�T AN[-) OPERIVIURS: IM and 1 �`ICSO shall not he Q rC` For any "S TOM to Lhc occ upancy r ,y (Owrmor or fxs W ; t l j � W)OM it has no Privity oFCoMra(.:(. Me 6 ur 12 I , JILN ; is [lot 1111 "cicd to confer upon any tli p,,jj,(fCS and dw 0mcf of Djj, N7(,S(.), firm Oic C oullty, Is A I U'l ('L. J-� LIABILITY AND INSUIZANCP, () .JJ, MCSO, nrid iC. of thc p()111icA snhdjvisl' f 1orjcll, or ons there , as ("Ll In Section 768,M, Flo � A 11C pjrt lierc-Lo ngrU: Ilia( Cach shall U t C' resPonsible Cor my i111( ;)j] ClaIMS, damaf�(�ts and/or Ofakction arisinp I'C"ISC P 'nr nT 01c, lCum ofthis eiry . )y personal 0 �' 1 'fc arid/or dama e to pj 0r 11) Out the Icased 1 "'OPC'Fly by reason Or as a r(sujt () f t1 r1Cghp ()] tortuous conduct of'thcnr ap Mvitces 11, 1 11c: 11mmier providttd hCe-11sces, and In ScCoon 768.28, Florid,,, SI;'(111cs (2001y CI APYCd bY )ny party lici,eto, 't r Li.�Jccl �'Is �' waiver of . sovereign irnmullity S Provided in Section 76UR, Floc'(J S as amcnd(`d }'rom timc to I' JMC, Wher law providing fillli on Cl" Aiiy Such Contract Provider, 1, eSSue or Sublessce ormther pir( sh�lff I ndcmiliTy nrid hold ll th( wo' " — -� County, Deparin-icnt (flumille j MCW for any [ "'lljOU"i acts pursua to dic pmv' Statist(-'s, and comply WI(l, Orly jflst,F icquil - CmulLs of F All'bit A and B, 3( ' thal are n enc, oil ag roc rncijt�, Wdl lot be 9 Jcs Of the United States or S[,,j(e of-Florldn. Pursuaiij to Its obligillons it) Exjllbll A and F 3, Djj Tim1111.62) adcquwc five Arid MM)ded risk insurance cover"'lge for my or structtil-Cs 1()(.ated 0 11 tl)(,& Additi dic full lwsurablc rcpjacCjjj,�,i-jI 'oil in amounts I() I css t delivel-M Lo lhe� Divis' vn1t1c 01'st "nPrOvCmerits by preparing a 1011 Of Risk Management, Departrrict)t of a c Florida Fire Insurance Trust f"und Coverage Rcquc:jt F 1m mc ( fii 11 clY ('])oil crection of, S Djj liar ffic COUM 'S Proportiorm Sr Frei Monroc Coulity s rrri Y �te sliare of the prel based -Ire f(i`ota_Tc cif r Poor, Upon request from DJ.1, mlicss o(hor "It'J , " v y"t" 1 9 hetween the p DjJ 'A-111 1.6 IcS. Likewlse, 11'a loss occws, iri 111iburse thc C(iujjty Prol' for its leis, r i - 011) [ [) rJccurdanc wI tI l he of P0 V11C, Y I The Cm1tj',)C(or during coristnictjoy, drat) mainwin Willplc ed VaILIC t k instirancc and sh.-lil na D]j as idditional insurcd". in fi Kis () ccurs, shouW Dij cjccj 'lot to re-build or repair, J would ir D PIpu 7 t V 1 ( Li L ic County proportionately for its loss from tjjc p1*o(-c,ed,, X11 ( Iftrice "y1th the limits of liability in th udders risk p(Ilicy, VII -- USE OF COMMON AREAS 11"Ievators''Stairs, Parking areLs 'tl ,n fenced perft'rteter, gtj ron& Iri'leter And walkway ws shrill cons L ttutc t COU1111m) Arcas I ] Oil , The Common Areas Of ffic building are For OJJ, MCSO, and th(:^ County, as we ,, as their ol , [ - J nt use of Jccr.s, 0[)JJ)10 Yccs, 9cnts and invitees Including any Operato or Lessee of DJJ, MC S(), or the count Any and all such persons shall use the common arms in a reasonable., nrderly, and sanitary manner it, cooperatiorl witi) all O t her OccLIP and their officers, "'PlOYces, agents and invitecs, 2, Each occupant will conduct ltselfzmd will cause its Officers em) oyec;s , agents, grid invitces to Conduct tile mscivcs w silt Cull reg the rights, Convcni and f" ience, and welfare of ail other occupants In ti r lc - l - or ARTIC1 ,f7 vi,11 LIENS No Operators or Lessecs w ill perrn It any mechanics I Placed on the P crty or of irnp ,, , len or licris to be ovel 0. filed" it shall be the sole responsibil, 11 tIJ Uri. Ica niechanic's lien is ]led to discharg 1h 1, Lesscc Causing the lien to be filed 1 'ry of the OPcrator or MCSO, and the Cou a y ap - nst ien wW to hold harmless and def'e DJJ, g ien,"orcerrie f - i t o f suc li pov i: ions concer" 118 State not being subje to liens shall be placed in ever - Y contract, lease or sublease that DJJ, MCS0, and 1 - 1 1C County has Wif-h such provider, ( Terator, icssee, or sublessee, DJJ, MCso, the County and their O perator's or Lessecs shall live notice t o all contractors before making i 111proVcMCrt s on the Prop of this provisio Ofthis agreement, ARTICI,E IX -- SPECIAL CONSID1HUTIONS Payment by McSo s of c()n< - ion budget If mcso flails to pay its agreed sharc toward the construction Of t1 juvenile Justice f"cilitY, DJJ may Proceed with constructio ofa J facility of its ON "' clesiBu Pursuant to its lease with than( timc, ally amendment inaxis t ellce to t1 groun tile County, At tile County which allows OW" or use by the d lease t)ctw(,cn DJJ and Co unsY Of 01 0 sccond noor P a P ' C 8 O f 12: OFthc Add'6 I be considered null and Void Vo un�cs,(, s t,- I t c l 1 1011 II W writing L)J othcrw' Ise III 2, ()Pcradon of juvenile Justice fa6l'lty is tlndc t it is DJYs intent to ap erl(t a hed rcs'dential Prof"ram lit the site ill accorda-ricc wl El l t1 tet,rn 0 11 and 30. s lAnd conditions of tile, Vol/-T,ls grant. Should Dii be unable to o per �, )tc t f � lc , l i for a period 1 " ) (- 'XC 0 -" Of three years Dii will � t (,outlt Y to Util, I ity facility during [Ile peri Ize the and cond�t' iod of non-use so long as it Conforms Wl - Ul restr ct I lolls, 1 any, of ti C)ff-1cC ofJusticc Prog rams, 1-).1j ions to share e in routin maintenance and rep e ' o u" sts d 1 9 will continue [ISO, Futiliermore, Ole Co ag Ir 111 the Period of no re upan sufl- 'es lo turn ffic fOcility back over to Dij facl ty, Icicllt written notice that DJJ intends tea rcsuille operanc at the 3. 0111'er obligations Linder thisAgrcement '1� I If I)JJ, flic County, or MC SO fail to perf6rq) any Othcr obhga�.ion Of dlis Agreerne then Uic pa t w 1 l ea se rnay g' om the obl' a lot) was di ve ' fle P� I for the obligation w le" t cn notice" 11 P 10 WhOM the notice is directed fa to curc its non-pef-I'o witilin 60 days alle no uce vas sent, t llc early to whom the obliguion Was owed r "Y Pel the abligation at th experi3e Of ffic. offending Party, L The requirements of 60 dzlys written notice do not apl- )Iy _ W h non crate an s ' 11 , ITTImin ent dariger to the safe tY of Persom, or e Prop - ertya In fficsc cases, Ole party to Who tlic obligation is owed is rcclunred to gi Suc not panto responsible fo urea ob] as Is Possible under tile circumstances, w the a(' cu r, 19 " t ic'n will reirilburse the rn�lsonabic_ Mg the problem. expenscs ARTICLE X -.- NOTJCI , AND ADDRESSJ7�S f" All notices required under this �Igrcezncnt must be i ded by cert I Ied or re g' rna provI ll, addresse(l to the proper parity at the follo%y l') tAPc 9 Of 12 1 •01 - Dii: Kenneth P,l c)sjyn, Constru,t i on Pr Adinillistrqo Department Of Juvenile Justicc 2737 Centcl Driv(� Tallah,Issee, F 'lorlda 3 2399-3 100 For M( F 'Ichard D. ford lonroc County Monroe County Sheriff's Orr 5525 C Road Kcy West, 1'1orfda 33040 01 ' file County: James Roberts, County Administrat,,),, J)ubljc Buildin, College Road " ' tst , Morlda 33040 panties (a this Agree 9()VCmmenta1 a Il extent tll�lt q, ? c , , cles. To ti) Is Agreement may nxtend past the term of of - CC 0 [ ,- 1 rly , () l e d a tt Shall n be necessary Por I) to notify the "tjlcr of C) "'nBC () f illfyie for any c)MCial above - t( � �C cllforceahlc C In order for '�Iis Agrcelnent AR'J'JCLE ' — 1-N-f-f'R,PR--ETATJ,0N OF AGIUDEMENT D( `�eMl and construed tind,,, tl , I 1Ws of Florida. VCnUc 311all be in t1l County. c Scc(,)nd Judicial Circuit i all( r y on 2. If any one or more ofil p ,, Ov - S . reasf I lOns of his AgTeen held to be InValid, illcga�, or unenforce [ , I t are f any mv�tj , able In '(any re-spect, the illegality or urtenforc-cability will not affect any a , t1l, I J I ion of illr:f al Or Uncriforceable provision, 0 included in invalid, Iris if ha n t - 's 'IPrCCmcm, wll shall be c This Agreeme Co ., - t1 tutes the entire- agreeme of t he Su P e r n C ( les MY prior Und 1) ZA rt th e or writ-ten les and or oral agl'cemcnts arlics W101 respect to tile subject matt r. 1\10 amendn-lent, modification or alteration Of tile ferms Or this Apreernem is bindinp, LMICS in %vr� ittng dated subsequent to th d ltc "'TC 10 01' 12 re rrrc art <Ind executed by are ldtj�' ) ulto bind"19 contram, 1 v 1 authorized by each pa (() enter crrrstruerl as The provisions, terms or con( , of bljs consent by DJJ, M(- rient shall - ,So A or the County to be SUC-d b c( � IUSC ,rcenicl-it or the opermicin of a JUVenfle Justice facility 1, c rc I I L I I ws an(icipate'(1 ARTICI-r. X — N41SCELLANE01JS PROVISIONS' I . The State o f F lorida's Performance and obl' - - c Ontracl ir contingent upon an annual DpPropriatilg"ItIorl [ o PY a nd this VcciF lot by the Leg �sl attire ,, I 1 c ,1 11Y outlined in Section 2 �5,2502, Florida Statutes. Performance J M other than con i tribut to the cOFstrUction budp ct, is coI1t,r1gC upoll Fecelf)l of annual appropriation of its budget b 1[ Cour)ty. nt 1) , , ro%'U� of this agree C011str 2 rc subjeu to , DJJ cl ing rcce.5,v, DJFs responsibility Lilt! [,er'silturc. In ing budgetary spnding �'Authority from D I [or s�perj(h the everlt tie LCEIslature, e doe Ing authority in excess of,ts s not 3 PProve DJJ Construction I I intended con.tributio t h 1 0 0 i'v"'Ic justice facil' I � t ty, DJJ and MCSO rca] til amend this a gre to provide for an ldLernate Method o ' ( g I f arrang' zt const ' ll ctie"I w altering any caller i n , fo. r ,r roVisi Pons Of this aL to t] ' o ccUMIRCY and use of thejuvC11i lejustice facility. ,,recineill related 3. Bef'ore, the Juvenile , ju r Ity O ly is ready for Occullal)cy, DJJ and ad work together tO Secure food serv' dc-M-al care for residents of d - Ice, laundry, and mcdical and "CSO's D ureau o f C orrect - It " uven" c j ustice facl lily in coordiml I on with services. The objer-tiv o f I ons and thC vendors wi currelltly Provide Such dchverY of service- this cffOrl is to achiev cost sav and ef,,f, Ir_ient 0. Nciffier MCSO nor the County has any financial obligation by reas o f t l ) i s sectr()11- It iMPOScs on MCSO only an o bi , to participate in negotiations with Tation ,1' d to coordinate the do 1v cry Df any current arid future vendors a O'C' future, f: rei suc il ser provided by MCSO now or III mbur NJC, to die residents of the ay ser Provide(I J)y the reasonable cosLs o f , Juvendejusfte faclM y. (Reninindrr c)f pagc mtcntiona2ly bluflk--Si8rialuru pt C follew\.) I N W I'M FS S W I I I 11� R E0 F, the p i -t I e � I vC C a 11 s C d [ I I nti A f, rc c l. i i c rat ter a Oxcuuted oil 11 day mid year flrst above w N I F, COUNTY SIIFJZjjqo�� Ojq-ICp sheriff RICIlar 0 1). Roll ('t)unly of'Mc),)r Ixcforu me, ilic undcrsigned Liuthor'(Y, NrsOnally appcirc(l IjIler ' D owl k(ll and acknowledged that he signed the forcgoll)( , , CO� Ulu L Fri A ;,DR W O A] OrA YS� E 'O ANNh-MnARRI(M Ry M MM Mr 6 LORWA C RY E'UHI-tC' OF My�MMJ,;S _,7 lf CC717460 No al y Public Statc 0 Plorida MYCOMMI Ss STATE. OF FLORIDA, DETARTMEN OF JUVENILE JU.S APPROV1 thorizcd ',Ii - ),-Iture !iTCOTI p i s C I'MA'rratt rt,rrMor Name Type,0 1 I'ypc)I'rIrII Date BOARD OF CM-W -OMNUSSIONFAUS OF NIONROL COUNTV, FIAMIDA It y: At (cs t DAN NY L ICO 1A I A G Mnyorl( himspersc)n Co Name of signal , i Dcputy Cl� A KnVW AS TO AN Spa' n p(rf A,T ATI EXHIBIT B SCOPE OF WORK DE PARTMENT OF JUVENILE JUSTICE DETENTION CE NTER 5503 COLLEGE ROAD, KEY WEST, FLORIDA PREVENTA'I'lVE MAll PENANCE/REPAIR COMPONEINTS I-) I TING , VENTILATION AND AIR CONDITIONING SYS"I'EMS A) daily, inonthly, quarterly or annUal Preventative maintenance activities shall, include the following: 1) Inspect unit for proper operation, excessive noise or vibration 2) Run systern diagnostics 3) Check oil level and oil teimperaturc; add oil as necessary � -) Check refrigerant pressures; add a-s nemssary 5) Check contactors, sensors and inechanical safety lirylits 6) Perform spectrochemiced analysis of compres�- ,,or oil 7) Check electrical wiring and connections; tighten loose connections 8) ftisPect cooler and condenser tubes for leaks 9) Check evaporator and condenser for corrosion 10) Clean chiller and surrounding area, F3 ) L - Quarterly or annual preventative, ma-interiance activities , ,: , ,hall include the following: 1) Check controls and unit for proper operation 2) Inspect for Unusual noise , or vibration 3) Clean coils, evaporator drain pan, blOwCr, motor and condensate drain piping, as required 'fl,) J,ubricatc shaft and motor I. 5) Check Mts for wear, proper tensioni, and alignment; adjust as necessary 6) Inspect exterior piping and valves for connections as required , tighten 71 Check operation and clean dampers and louvers; I'Libricate all pivot points euid link ()6/(.M/0 MEMORANDUM OF UNDERSTANDING BETWEEN MONROE COUNTY, THE DEPARTMENT OF JUVENILE JUSTICE AND MONROE COUNTY SHERIFF'S OFFICE This MEMORANDUM OF UNDERSTANDING is made and entered into this�� day of .,P¢ Zon 4 baL , 2016 by and between the Monroe County Board of County Commissioners, a political subdivision of the State of Florida, ( "COUNTY "), The State of Florida, Department of Juvenile Justice ( "DJJ "), and Sheriff Richard A. Ramsay in his official capacity as Sheriff of Monroe County, Florida ( "MCSO "), for MCSO to occupy and use certain DJJ office space on the first floor of the Monroe County Juvenile Detention Center located at 5503 College Road, Key West, FL 33040. WITNESSETH WHEREAS, the COUNTY, DJJ, and MCSO seek to support each other's efforts in providing the highest level of services and most efficient use of public buildings through cooperation and sharing of public assets when feasible; and WHEREAS, the DJJ owns and occupies office space on the first floor of the Monroe County Detention Center located at 5503 College Road, Key West, FL 33040; and WHEREAS, the DJJ currently does not use certain resident areas and office space of the Detention Center first floor and this area hasn't been used or occupied for at least three years; and WHEREAS, the MCSO Property and Evidence Division currently occupies space, and stores evidence and property in its custody in the Jefferson Brown Building in Key West; and WHEREAS, the Jefferson Brown Building is scheduled for construction, renovation and demolition which requires the MCSO to vacate the building and be unable to conduct its Property and Evidence Division operations and activities there; and WHEREAS, the COUNTY, DJJ, and MCSO have agreed that MCSO Property and Evidence Division can relocate to and occupy the aforesaid certain unused areas of the Detention Center first floor to conduct its activities and operations; and WHEREAS, the COUNTY will be responsible for the work and costs to convert, equip and construct the first floor area as a suitable area for the MCSO Property and Evidence Division to occupy and conduct its activities and operations; and WHEREAS, the dryer is currently located in the area to be leased by MCSO and both MCSO and DJJ desire to relocate the dryer to Room 1050 of the DJJ secured area; and Page 1 of 7 WHEREAS, the parties hereto agree that COUNTY shall be responsible for the cost of and installing a dryer vent and a 210 electric outlet in room 1050 of the DJJ secured area highlighted in yellow on Exhibit "A ", a copy of which is attached hereto and incorporated herein. NOW THEREFORE, in consideration of the mutual benefits set forth herein, the COUNTY, DJJ, and MCSO agree as follows: 1. RECITALS —The above recitations are true and correct and are incorporated herein and made a part hereof. 2. TERM - The term of this Agreement shall commence on November 1, 2016, and terminate on October 31, 2026, with the option of two (2) ten (10) year extensions, unless earlier terminated by one of the parties as provided herein. 3. PREMISES — The premises that MCSO Property and Evidence Division is authorized to use for its operations consists of approximately 7,300 sq. feet of space on the Detention Center first floor "residential" area. This area is illustrated as the area highlighted in red on the floor plan, a copy of which is attached hereto and made a part hereof, as Exhibit "A." 4. USE OF PREMISES - The MCSO is authorized to use the premises described in paragraph 3 above and shown on Exhibit "A" for the services, functions, and activities of its Property and Evidence Division. This includes use of offices and administrative space and storage space and evidence lockers to store property and evidence in the MCSO's possession custody and control. Access to the MCSO premises shall be restricted to authorized MCSO personnel. DJJ shall not have unaccompanied access to any of the MCSO spaces or area. MCSO agrees that it will vacate the premises and cease operations and remove its equipment from the premises upon receipt of (6) months prior written notice that the DJJ intends to resume its operations at or in the premises area. 5. CONSTRUCTION, MAINTENANCE, REPAIR, AND JANITORIAL - The COUNTY shall construct and renovate the area to be used by MCSO and provide maintenance and repair services of the premises. The COUNTY shall bear the costs of conversion of the premises to prepare it for use by MCSO. MCSO is required to immediately report to the COUNTY facilities maintenance department any damage or conditions that may need maintenance or repair. MCSO shall be responsible for regular janitorial and maintenance of the secured areas unless and only in the event that the parties agree in writing to have COUNTY perform maintenance or repairs under certain limited conditions. Any such maintenance or repairs shall be reviewed and approved, in writing, by DJJ Facility Services Supervisor in Tallahassee prior to the performance of such work. This includes renovations prior to the commencement of construction. COUNTY agrees to turn the premises back over to DJJ upon (6) months prior written notice that the DJJ intends to resume its operations at or in the premises area. COUNTY shall bear the costs for converting the premises back to its original configuration in the event that the DJJ intends to resume its operations at or in the premises area. Page 2 of 7 6. UTILITIES — Water and electric service is provided to the first floor and metered separately from other floors of the Detention Center building. MCSO shall be responsible for paying its share of utilities services based on its square footage floor space ratio compared to the entire square footage of the first floor. DJJ and the COUNTY shall fairly apportion the costs of sewer service. . NOTICE REQUIREMENT - Any notice required or permitted under this MOU shall be in writing and sent certified mail to the following: Notice to Monroe County: County Administrator 1100 Simonton St. Suite 2 -205 Key West, Fl. 33040 With a copy to: Monroe County Attorney P.O. Box 1026 Key West, FL 33041 Notice to: Department of Juvenile Justice: Michele Cook, Director of Purchasing & Leasing Bureau of General Services 2737 Centerview Drive, Suite 1400 Tallahassee, FL 32399 Notice to: Monroe County Sheriffs Office: Patrick McCullah, General Counsel Monroe County Sheriffs Office 5525 College Road Key West, Florida 33040 8. TERMINATION - This MOU shall be effective upon full execution by the parties and shall continue in accordance with the terms herein. This MOU may be terminated unilaterally by any of the parties providing that the terminating party serves the other parties with written notice of its intention to terminate this MOU no less than 6 months from the date such notice is sent. 9. SEVERABILITY - If any term, covenant, condition or provision of this 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 Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be Page 3 of 7 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 Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY, DJJ, and MCSO agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 10. LIABILITY AND INDEMNIFICATION — Each party shall be responsible for the acts, omissions, and conduct of its officers and employees. The parties to this Agreement shall not be deemed to assume any responsibility or liability for the intentional acts, negligent, wrongful acts or omissions of the other parties. Nothing contained herein shall be construed as a waiver by any party of the liability limits established in Section 768.28, Florida Statutes. Nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the doctrine of sovereign immunity. 11. ADJUDICATION OF DISPUTES OR DISAGREEMENTS - The COUNTY, DJJ, and MCSO agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of party. 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 COUNTY, DJJ, and MCSO, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 12. LEGAL OBLIGATIONS AND RESPONSIBILITIES - This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, DJJ, and MCSO, except to the extent permitted by the Florida constitution, state statute, and case law. 13. EXECUTION IN COUNTERPARTS - This 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 the COUNTY, DJJ, and MCSO may execute this Agreement by signing any such counterpart. Signatures. In witness whereof, the parties to this MOU through their duly authorized representatives have executed this MOU on the days and dates set out below, and certify that they have read, understood, and with the assistance of legal counsel agreed to the terms and conditions of this MOU as set forth herein. The effective date of this MOU is November 1, 2016. Page 4 of 7 0 iv� �� pir 11 • • L 9106 LIP] • 01 ilk 294 111 1 NO 1 56 1 1 �Z,' a NM STATE OF FLORIDA COUNTY OF: M Subscribed and sworn to (or affirmed) before me on the day of 1 2016, by (name of affiant). He/She Is personally known to me or has produced (type of identification) as identification. My Commission Expires: NOTARY PUBLIC IM =N AV AP c AS M RS C. AENE -E ASSIST AW 00 A T T ORNEY Date Page 5 of 7 I Log = Signature: Title: Director • Purchasing & Leasir. Print Name: Michele Cook R Tonja Mathews, Assistant General Counsel MO I a Z 0 1 • 1 9 1 1 1011199M The foregoing instrument was acknowledged before me this day of 1 2016, • . as . of the State of Florida, Flori• - r n. Notary Public, State of Florida Commission Number: Commission Expires: Page 6 of 7 STATE OF FLORIDA COUNTY Apcai�- Page 7 of 7