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Item C24Co unty of Monr M l� BOARD OF COUNTY COMMISSIONERS Mayor David Rice, District 4 The Florida Keys F y xti t „ � y r Mayor Pro Tern Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting February 21, 2018 Agenda Item Number: C.24 Agenda Item Summary #3886 BULK ITEM: Yes DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292 -4549 None AGENDA ITEM WORDING: Approval of an annual Agreement with the Monroe County Sheriff's Office to provide 320 sq. ft. of office space at the Murray E. Nelson Government and Cultural Center in Key Largo, Florida. ITEM BACKGROUND: Sheriff Richard A. Ramsay has requested use of available County office space at the Murray E. Nelson Government and Cultural Center. The Sheriff is a Constitutional Officer servicing the entire County community. PREVIOUS RELEVANT BOCC ACTION: The Sheriff Department has been using leased space at the Murray E. Nelson Government and Cultural Center since 2009 with an annual agreement approved by the BOCC each year. CONTRACT /AGREEMENT CHANGES: New Annual Agreement STAFF RECOMMENDATION: Approval DOCUMENTATION: Agreement (MEN Bldg) (executed) FINANCIAL IMPACT: Effective Date: March 17, 2018 Expiration Date: March 16, 2019 Total Dollar Value of Contract: 0 Total Cost to County: N/A Current Year Portion: 0 Budgeted: Yes Source of Funds: N/A CPI: No Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: N/A County Match: N/A Insurance Required: Additional Details: $0.00 lease - Maintenance /utility costs REVIEWED BY: Patricia Eables Completed 02/05/2018 11:52 AM Kevin Wilson Completed 02/05/2018 1:31 PM William DeSantis Completed 02/05/2018 1:39 PM Budget and Finance Completed 02/05/2018 2:42 PM Maria Slavik Completed 02/05/2018 3:03 PM Kathy Peters Completed 02/05/2018 5:06 PM Board of County Commissioners Pending 02/21/2018 9:00 AM AgREEMENT ?. WHEREAS, the BOCC leases premises to other governments] agencies servicing the County community; and WHEREAS, MCSO has requested use of County office space; and WHEREAS, the BOCC has determined that it is in the best interests of Monroe County to provide approximately three hundred twenty (320) square feet of office space at the Murray E. Nelson Government and Cultural Center, located at 102050 Overseas Highway in Key Largo, Florida; and NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the parties agree as follows: I i Contract Term. This Agreement is for the period commencing on March 17, 2018, and terminating on March 16, 2019, and is for Zero dollars and X100 cents ($0.00) per year, shall exercise control, direction, and supervision over the means, manner, personnel, and volunteers through which it performs its duties. Although & Indemnification and Hold Harmless. costs of defense, which MCSO or its officers, employees, or agents may incur as a result of any claim, demand, suit, or cause of action or proceeding of any kind or nature arising out of, relating to, or resulting ftom the negligent performance of this Agreement by the BOCC, its employees, officers, and agents. MCSO shall promptly notify the BOCC of each claim, cooperate with the BOCC in defense and resolution of each claim, and not settle or otherwise dispose of the claim Without the BOCC's participation. b) To the extent permitted by law, and as limited by Section 768.28, otherwise dispose of the claim without MCSt's participation. C) The indemnification provisions of this Agreement shall survive termination of this Agreement for any claims that may be filed after the termination date of the Agreement provided the claims are based upon actions that occurred during the performance of this USE= 7. Laws and Recrilations. 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, T h e p arties agree that venue for any dispute shall lie in Monroe County, Florida. ordinances applicable to the work or payment for work thereof, W�� and shall not discriminate on the grounds of race, color, religion, sex, age, or national origin in the performance of work under this zm� 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 MCS0. & Taxes. The BOCC is exempt from Federal, Excise, and State of Florida 9. fFmingnge Ch The BOCC will not be responsible for any finance Is= 10. Sever i it ahl__y, If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement, 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 Agreement shall be valid and enforceable to the fullest extent permitted by law. 12. Disclosur The MCSO shall be required to list any or all potential conflicts of interest, as defined by Florida Statues Chapter 112, Part 111, and the Monroe County Ethics Ordinance. The MCSO shall disclose to the BOCC all actual or proposed conflicts of interest, financial or ME= otherwise, direct or indirect, involving any client's interest which may constitute a conflict under said laws, 14. Ethi 9!hILc—s—Q—Ioase MCSO warrants that it has not employed, retained, or 15. REminatim Termination of this Agreement shall occur at the natural to the other party as follows: ZEE= IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. (SEAL) Attest: KEVIN MANOR, Clerk BOARD OF COUNTY COMMISSIONERS FLORIDA OF MONROE COUNTY, By: Deputy Clerk MONROE COUNTY AFFORNEY'S OFFICE e t PATRICK RATE: By. Mayur/ChairpewOn I COUNT S `'S FF ICE yp Sheriff Richard A.. Ramsay