Item C26BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
February
20, 2013
Division:
Public Works
Bulk Item: Yes
x
No _
Department:
Facilities Maintenance
Staff Contact Person/Phone #:Dent Pierce 292-4560
AGENDA ITEM WORDING: Approval of Agreement with Sheriff Richard A. Ramsay to provide
office space to the Monroe County Sheriff s Department at the Murray E. Nelson Government and
Cultural Center in Key Largo, FL
ITEM BACKGROUND: Newly elected 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: None.
CONTRACT/AGREEMENT CHANGES: New Agreement
STAFF RECOMMENDATIONS: Approval
TOTAL COST: maintenance/utility costs INDIRECT COST: N/A BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: same SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year $
APPROVED BY: County Atty _ /Purc4asing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 1/12
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Monroe County Contract #
Sheriff's Department Effective Date: March 17, 2013
Expiration Date: March 16, 2014
Contract Purpose/Description:
Agreement with Sheriff Richard A. Ramsay to provide office space to the Monroe
County Sheriff's. office at the Murray E. Nelaon Government and Cultural Center in Key
Largo, Fl
Contract Manager: Alice Steryou 4549 Facilities Maint/Stop # 4
(Name-) (Ext.). (Department/Stop #)
for BOCC meeting on 02/20/13 Agenda Deadline: 02/05/13
CONTRACT COSTS/REVENUE
Total Dollar Value of Contract: $ -0- Current Year Portion: $
Budgeted? Yes X No ❑ Account Codes: - - -_
Grant: $ N/A - - -
County Match: $ N/A - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitoria
CONTRACT REVIEW
Changes
Date In
Needed
Division Director � !
Yes❑ NoD
Risk Management '� ���
Yes❑ NoL?
IJA
O.M.B./Purihasing
Yes❑ No�
County Attorney 1:' i
Yes[:] N�
Comments:
DMB Form Revised 2/27/01 MCP #2
21
etc.)
Date Out
�) 14-ZV113
R
I�
AGREEMENT
THIS AGREEMENT, made this day of , 2013 by and
between the Board of County Commissioners of Monroe County, Florida (hereinafter
referred to as BOCC), whose address is 1100 Simonton St., Key West, Fl. 33040 and the
Monroe County Sheriffs Office, (hereinafter referred to as MCSO), whose address is
5525 College Rd., Key West, Fl. 33040.
WHEREAS, the BOCC leases premises to other governmental 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 462 square feet of office space at the Murray E. Nelson
Government and Cultural Center, located at 102050 Overseas Highway in Key Largo,
Florida;
NOW, THEREFORE, for and in consideration of the mutual covenants contained
herein, the parties agree as follows:
1. Contract Term. This agreement is for the period commencing on March
17, 2013 and terminating on March 16, 2014 and is for zero dollars and
no/100 cents ($0.00) per year.
2. BOCC Responsibility. The BOCC shall direct its Administrator,
Departments Heads, County Attorney, and staff to provide certain
facilities and support to the MCSO as can be provided without requiring
an increase in personnel or any purchase or lease of real property.
3. Relationship of Parties. The MCSO is, and shall be, in the performance of
all works, services, and activities under this Agreement, an independent
agency, and not an employee, agent or servant of the BOCC. The MCSO
shall exercise control, direction, and supervision over the means, manner
personnel and volunteers through which it performs its duties. Although
Page 1
this Agreement is a cooperative agreement, similar in many respects (but
not all) to a partnership, the MCSO 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 on the
part of the MCSO, its employees, agents or volunteers resulting in either
bodily or personal injury or property damage to any individual, property or
corporation.
4. Modification. Additions to, modification to, or deletions from the
provisions 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.
5. Breach and Penalties. The parties agree to full performance of the
covenants contained in this 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 parry. 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 parry from
declaring a forfeiture for any succeeding breach either of the same
conditions or covenants or otherwise.
6. Indemnification and Hold Harmless.
a) To the extent permitted by law, and as limited by section 768.28,
Florida Statutes, the BOCC shall defend, indemnify and hold
harmless MCSO and its officers, employees, or agents from any
and all liability, losses or damages, including attorneys' fees and
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
Page 2
resulting from the negligent performance of this contract 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,
Florida Statutes, MCSO shall defend, indemnify and hold harmless
the BOCC and its officers, employees, or agents from any and all
liability, losses or damages, including attorneys' fees and costs of
defense, which the BOCC or its officers, employees, or agents may
incur as a result of any claim, demand, suit, or cause of action or
proceeding of any bind or nature arising out of, relating to, or
resulting from the negligent performance of this contract by the
MCSO, its employees, officers and agents. The BOCC shall
promptly notify MCSO of each claim, cooperate with MCSO in
the defense and resolution of each claim, and not settle or
otherwise dispose of the claim without MCSO's participation.
c) The indemnification provisions of this contract shall survive
termination of this contract for any claims that may be filed after
the termination date of the contract provided the claims are based
upon actions that occurred during the performance of this contract.
7. 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 parties agree that venue for any dispute shall lie
in Monroe County, Florida.
b) The MCSO 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,
Page 3
sex, age or national origin in the performance of work under this
Agreement.
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 MCSO.
8. Taxes. The BOCC is exempt from Federal, Excise and State of Florida
Sales Tax.
9. Finance Charges. The BOCC will not be responsible for any finance
charges.
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 MCSO 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 MCSO's successors and assigns.
12. Disclosure. The MCSO shall be required to list any or all potential
conflicts of interest, as defined by Florida Statues Chapter 112, Part III
and the Monroe County Ethics Ordinance. The MCSO shall disclose to
the BOCC all actual or proposed conflicts of interest, financial or
Page 4
otherwise, direct or indirect, involving any client's interest which may
constitute a conflict under said laws.
13. Care of Property. The MCSO shall be responsible to the BOCC for the
safekeeping and proper use of the property entrusted to MCSO'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.
14. Ethics Clause. MCSO warrants that it has not employed, retained or
otherwise had act on its behalf any former County officer or employee
subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any
BOCC officer or employee in violation of Section 3 of Ordinance No.
010-1990. For breach or violation of this provision, the County may, in its
discretion, terminate this contract without liability and may also, in its
discretion, deduct from the contract or purchase price, or otherwise
recover, the full amount of any fee, commission, percentage, gift or
consideration paid to the former county officer or BOCC officer or
employee.
15. Termination. Termination of this Agreement shall occur at the Natural
ending date, or earlier should either parry 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 notice to terminate for cause, with a minimum
of fourteen days notice in writing required prior to effective
termination.
Page 5
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.
16. 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 4 hereof.
IN WITNESS WHEREOF, the parties have executed this agreement the day and
year first above written.
(SEAL)
Attest: AMY HEAVILIN, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor
(SEAL) MONROE COUNTY SHERIFFS OFFICE
Attest:
r
By By
Title Sheriff Richard A. Ramsay
MONROE COIIIRfSWEPIFF'S OFFICE
Aaa2nnffddFD A&AD FORM:
Page 6