Item C20 C.20
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
July 17, 2019
Agenda Item Number: C20
Agenda Item Summary #5783
BULK ITEM: Yes DEPARTMENT: Solid Waste
TIME APPROXIMATE: STAFF CONTACT: Cheryl Sullivan (305) 292-4536
N/A
AGENDA ITEM WORDING: Approval to enter into a lease with Rockland Operations, LLC to
lease vacant land on Industrial Drive, Rockland Key, Florida to be used as a disaster debris
management site or temporary disaster staging site as needed.
ITEM BACKGROUND: In the event of a hurricane or other major disaster, Monroe County will
require land to utilize as a disaster debris management site or temporary disaster staging site. This
lease will provide a 10-acre site that may be used by the County for collection, storage, reduction
and handling of debris in unincorporated Monroe County in the event of a hurricane or major
disaster.
This lease shall remain in effect for a term of one (1)year, with four(4) automatic renewals and one
(1), one year automatic renewal with an ending term of June 1, 2029, unless earlier terminated by
either party upon ninety (90) days written notice.
The county issued a competitive solicitation to procure sites for disaster management and temporary
disaster staging. The County received two bids. This lease agreement will provide a site for the
Lower Keys, if needed. Another agenda item for a lease agreement in the Middle Keys is also on
this agenda. The Daily lease rate per acre per day is $400.00 for year 1, $420.00 for Year 2-3,
$440.00 for Year 4-5, $460.00 for Year 6-7, and $480.00 for Year 8-9 and $500.00 for Year 10.
Two bids were received: Frank Dirico C/O Industrial Communications and Electronics, Inc. for
Land in Cudjoe Key, and Rockland Operations for land in Rockland Key.
PREVIOUS RELEVANT BOCC ACTION: The Board approved a lease agreement for this site
in September of 2017. This site was utilized as debris management site after Hurricane Irma.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
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C.20
Signed Rockland Operations LLC Lease Agreement
FINANCIAL IMPACT:
Effective Date: July 17, 2019
Expiration Date: June 1, 2029
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
REVIEWED BY:
Cheryl Sullivan Completed 07/01/2019 12:21 PM
Christine Limbert Completed 07/01/2019 1:26 PM
Kevin Wilson Completed 07/01/2019 1:27 PM
Budget and Finance Completed 07/01/2019 2:27 PM
Maria Slavik Completed 07/01/2019 2:35 PM
Kathy Peters Completed 07/01/2019 3:21 PM
Board of County Commissioners Pending 07/17/2019 9:00 AM
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LEASE FOR DISASTER DEBRIS MANAGEMENT SITE
Or TEMPORARY DISASTER STAGING SITE AS NEEDED U)
1 Parties: This Lease ("Lease") dated July 17, 2019 is made by and between the C0
Landlord and the Tenant, who are identified as follows:
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Landlord:
Richard Toppino, Manager of Operations
C/O Rockland Operations U)
129 Toppino Industrial Drive
Rockland Key,Key West,Florida 33040
Tenant: U)
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Monroe County, a political subdivision of the State of Florida 0
Historic Gato Building 0
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1100 Simonton Street
Key West,FL 33040 0
with a copy to:
County Attorney E
1111 12th St., Suite 408
Key West, FL 33040
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2. Leased Premises. Landlord hereby leases to Tenant and Tenant hereby leases from
Landlord the herein identified land,which is also referred to as the"Leased Premises"upon all of
the terms,covenants and conditions,set forth in this Lease: the vacant land on Toppino Industrial
Drive, Rockland Key, Key West, Florida, identified as Monroe County RE Nos. (3 parcels)p U)
00122080-000000,00122080-000500 and 00121980-000500,which is further identified as shown r_
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outlined in red on Exhibit"A"attached hereto and made a part hereof.
Tenant hereby accepts the Leased Premises in its "AS-IS"' condition as of the date of this
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Lease and during the entirety of the Term, it being understood and agreed that Landlord shall have
no additional obligation to renovate or remodel the Leased Premises as a result of this Lease.
3. Use of Leased Premises: The Leased Premises will be used for the purpose of 0
operating a disaster debris management site (DDMS) for debris collection and clean up from a
hurricane or other similar natural event. In the event of a need for the Leased Premises,the Tenant
will provide the Landlord with advance written notice of its need for the use of the Leased Premises 2M
if feasible;otherwise,the Tenant will notify the Landlord of the need orally. Landlord will provide co
a response to the Tenant within twenty-four(24)hours of the request.
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Upon the occurrence of an emergency condition,after receiving either written or oral permission
from the Landlord, the Tenant, its affiliated contractors, personnel and vehicles may enter upon
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the Leased Premises to dump debris (Commencement Date). The Tenant will separate the debris
so that it may be moved to a final disposal site. Debris deposited on the Leased Premises will be
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constantly rotated,with new debris loaded in and sorted or reduced debris removed.
4. Term of the Lease&Renewal: This Lease shall remain in effect for a term of one
(1) year beginning June 1,2019 and ending on June 1,2020 and with four automatic two(2)year CIO
renewals and one one-year automatic renewal ending June 1, 2029, unless earlier terminated by
either party upon ninety (90)days' written notice. E
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The County's obligation to pay rent for the use of the Leased Premises as a temporary
staging area for debris storage and separation and obligation to pay rent per acre utilized per day
thereon shall begin with notification of the need outlined in paragraph (3), above, shall continue 2
throughout that period of time reasonably required by the County to respond to the emergency
event or major disaster, and shall end when the Tenant delivers notice to the Landlord that it has
vacated the Leased Premises, In the event this Lease is terminated for any reason while debris is
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on the Leased Premises,the County shall have thirty(30)days to remove the debris. M
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Either of the parties hereto may cancel this Lease without cause by giving the other party 0
sixty(60)days written notice of its intention to do so. E-
The Tenant also retains the right to terminate this Lease with cause for breach of the terms 0
of this Lease. In the event of such termination, prior to termination, the Tenant shall provide
Landlord with ten(10)calendar days' notice and provide the Landlord with an opportunity to cure
the breach that has occurred. If the breach is not cured within that tinne period,the Agreement will E
be terminated for cause. If the Tenant terminates this Lease with the Landlord, Tenant shall pay
Landlord the sum due to the Landlord under this Lease prior to termination; however,the Tenant
reserves the right to assert and seek an offset for damages caused by the breach. In addition,the
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Tenant reserves all rights available to recoup monies paid under this Lease, including the right to
sue for breach of contract and including the right to pursue a claim for violation of the Tenant's
False Claims Ordinance, located at Section 2-721 et at.of the Monroe County Code.
Base Rent: The amount Tenant shall pay to the Landlord in arrears for the period of time when
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the Leased Premises are actively used as debris sites or staging areas shall be as follows:For r_
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Year 1)$400.00 per day per utilized acre("Base Rent")which is estimated to be a total amount
of Four Thousand Dollars($4,000,00)as a per day per ten(10)acres and $120,000.00 per
month for a 30-day month and$124,000.00i per month for a 3 1-day month. Per automatic
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renewal, Base Rent is adjusted per the following schedule.
DAILY LEASE RATE TOTAL RENT
LEASE YEAR PER ACRE PER DAY PER DAY 0
1 (6/i/2019-6/l/2020) $400.00 $4000.00 0�
2-3(6/2/2020-6/1/2022) $420.00 $4200.00
4-5(6/2/2022-6/t/2024) $440.00 $4400.00
6-7(6/2/2024-6/1/2026) $460.00 $4600.00 2M
8-9(6/1/2026-6/1/2028) $480,00 $4800.00 CO
10(6/2/2028-6/1/2029) $500.00 $50010.00
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If Tenant occupies the Leased Premises for less than full 30-day month pi Tenant will pay a
pro rata share of the Base Rent on a per day per acre basis only. Tenant is a political subdivision
of the State of Florida and is not obligated to pay sales tax. If any sales tax is due,Tenant is solely
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responsible for any and all sales tax and indemnifies and holds Landlord harmless as to any liability
or claim of liability for sales tax.
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5. Payment, of Rent: Tenant shall pay to Landlord Base Rent plus other monetary
obligations of Tenant to Landlord under the terms of this Lease(such other monetary obligations
are herein referred to as "'Additional Rent") in lawful money of the United States, without offset CO
or deduction on a monthly basis in arrears. As a condition precedent for any payment due under
this Lease, the Landlord shall submit monthly,unless otherwise agreed in writing by the Tenant, E
a proper invoice to the Tenant requesting payment for the then applicable monthly Base Rent and
any Additional Rent, if applicable, and identifying the number of days, size of the acres of the
Leased Premises being utilized, and the Base Rent rate per acre for that specific month, The
Landlord's invoice shall describe with reasonable particularity the aforementioned information in M
order to necessitate payment by the Clerk of the Court and subsequent reimbursement by time
Federal Emergency Management Agency("FEMA") to Monroe County. The Landlord's invoice
shall be accompanied by such documentation or data in support of the Base Rent and/or any
Additional Rent for which payment is sought as the Tenant may require. Payment of any Base U)
Rent, late charges, interest, or Additional Rent will be made pursuant to the Local Government M
Prompt Payment Act Section 218.70, Florida Statutes. Payment of Base Rent and Additional 0
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Rent shall be made to Landlord at its address stated herein or to such other persons or at such other
addresses as Landlord may from time to time designate in writing to Tenant, Base Rent and
Additional Rent are collectively referred to as"Rent"or"rent". All monetary obligations of Tenant 0
to Landlord under the terms of this Lease are deemed to be Rent. Once all or a portion of the
Leased Premises has been restored and surrendered to the Landlord, the Tenant will not be
obligated to pay Base Rent or Additional Rent for the portion of the Leased Premise that has been E
restored and surrendered. In the event that a portion of the Leased Premises is utilized, Rent will
only be due for that portion.
6. Utilities and Other'rgnant Responsibilities: Commencing on the Commencement U)
Date of this Lease, Tenant shall pay for all utilities(gas, electricity, oil, water,sewer,etc.)which
may service the Leased Premises. Utilities costs shall be in addition to the Base Rent outlined in
paragraph (6). For any utilities that are or can be separately metered to the Leased Premises,
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Tenant shall pay directly to any public utility provider. All utilities, including those that are r_
.2 separately metered or assessed, are Tenant's responsibility to pay for as of the Commencement
Date.
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T Alterations and Improvements: Tenant shall not make nor cause to be made any
alterations and improvements in,on,under or about the Leased Premises without the prior written
consent of Landlord, which consent shall not be unreasonably withheld. Upon Landlord consent
being received,Tenant shall bear the sole cost of such alterations and improvements. Tenant will 0
obtain, at its sole cost and expense, all permits and approvals required in connection with any
alterations or installations and Landlord shall reasonably approve all plans prior to the
commencement of such work.All contractors working on such work shall be licensed in the state 2'
of Florida and have appropriate insurance for such work,which insurance shall name Landlord as CO
additional insured. Tenant shall ensure that no lien is recorded against any portion of the Leased
Premises or against Landlord's interest therein. If a lien is so recorded, Tenant shall discharge it E
within thirty(30)days by payment or bonding or shall be in default under this Lease,
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8. Landlord's Access: At any reasonable time and in any reasonable manner, the
Landlord may inspect the Leased Premises. 4)
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9. Subordination and Non-Disturbance: This Lease is subject and subordinate to a _J
first mortgage now or hereafter effecting or covering the Leased Premises. Tenant agrees to attorn 0
to and to recognize the mortgagee or the purchaser at foreclosure sale as Tenant's landlord for the CO
balance of the term of this Lease. Tenant hereby agrees, however, that such mortgagee or the
purchaser at foreclosure sale shall not be(i) liable for any act or omission of Landlord,(ii)subject E
to any offsets or defenses which Tenant might have against Landlord, (iii) bound by any Rent or CO
Additional Rent which Tenant may have plaid to Landlord for more than the current month, (iv)
bound by any amendment or modification of this Lease made without its consent. The aforesaid a
subordination and attornment provisions shall be self-operative; however, Tenant agrees to 2
promptly execute any other agreement submitted by Landlord in confirmation or acknowledgment
of same within ten (10) days of its presentation to Tenant. However, notwithstanding the
provisions of this Paragraph,so long as Tenant is not in default of the provisions of this Lease,the
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Landlord and the holder of any mortgage or any purchaser agree that Tenant's peaceful possession M
of the Leased Premises shall not be disturbed. T)
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11. Permits.Authorization,Site Repairs: S
The Tenant will be solely responsible for obtaining permits and authorizations necessary 0
to open, operate and close the DDMSs and staging areas; management and oversight including
monitoring of the DDMS or staging area; construction of any infrastructure or equipment
necessary for operation of the DDMS or staging area (e.g., silt barrier); and clean-up of the site E
necessary to restore the site to its original"AS IS condition.
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The Tenant agrees that upon cessation of the use of the Leased Premises,the Tenant will as
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either restore the Leased Premises to the same condition as existed before its use, or pay the
Landlord an agreed upon sum for restoration. The Tenant shall repair any damage to the Site or _J
any other land owned by the Tenant immediately adjacent to the Leased Premises caused by any
activity of the Tenant, its employees, agents or contractors on the Leased Premises. The Tenant
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shall have no obligation to pay for repair or remediation of conditions existing on the Leased r_
.2 Premises prior to occupancy by the Tenant. The Tenant shall have no obligation to pay Rent once
site restoration and repairs have been completed. If soil samples or other testing is pending, Rent
shall not be due unless further restoration or site repairs are needed as a result of the testing in
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which case Rent will be paid only on a per day per acre utilized basis, The Landlord agrees to
cooperation with the Tenant in restoration and site repairs of the Leased Premises and to provide
any documentation that may be need to in order to necessitate payment by the Clerk of the Court
and subsequent reimbursement b the Federal Emergency Management Agency ("FEMA") to y 0
Monroe County.
No damages, compensation,or claim shall be payable by Tenant for inconvenience, loss of 2M
business or annoyance arising from any repair or restoration of any portion of the Leases Premises. CO
Notwithstanding anything contained in this Lease to the contrary, Tenant, as a political E
subdivision of the State of Florida does not waive and expressly reserves its sovereign immunity
except as provided in Florida Statute Sec. 768.28.
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12. Waiver of Subrogation: With respect to insurance policies of Tenant, should
Tenant so choose to hold,and only tothe extent that such policies permit,Landlord hereby releases
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Tenant from liability for loss or damages on or to the Leased Premises or the contents thereof to
the extent such loss or damages is covered by such policies, -J
13, Casual-q: If the Leased Premises should be damaged or made un-usable by
casualty during the Term of the Lease, either party may terminate this Lease upon written notice
to the other party. E
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14, Surrender of Possession. Tenant shall surrender possession of the Leased
Premises to Landlord in the same"AS IS"condition in which the Leased premises were upon the
Commencement Date, normal wear and tear accepted and upon completion of site repairs and 2
restoration.The Tenant will provide notification of the anticipated date upon which site restoration
and repairs will be completed on the Leased premise,Any personal property of Tenant's left in the
Leased Premises shall become the property of the Landlord or shall be returned to the Tenant at
the Tenant's cost,For the sake of clarity,all debris must be removed from the eased Premises prior U)
to the end of the Term. 2
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15. Events of Default: Tenant shall be in default under this Lease upon the happening E
of any of the following events(each an"Event of Default")-
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a. The Abandonment of the Leased Premises by Tenant;
b. Failure of the Tenant to maintain the property and be liable as required by E
Paragraph 11;
c. Tenant's failure to pay the Rent or any other charge for which it maybe liable,
U)or any portion of it, pursuant to the Local Government Prompt Payment Act Section 218.70,
Florida Statutes,after having received an invoice in a format acceptable for payment by the Clerk
of Monroe County and for FEMA reimbursement.
16. Landlord's Remedies: In the event of Tenant's default, Landlord shall have all U)
rights available under Florida law, r_
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17. No Set-Off- The Lease sets forth the entire agreement between Landlord and
Tenant concerning the Leased Premises and Tenant's use and occupancy thereof and there are no 0
other agreements between them.
18. Governint, Law: This is a Florida contract,governed by Florida law. In the event
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of any dispute between the parties regarding the terms and provisions of this Lease, the parties
agree that the Courts in Monroe County, Florida shall have exclusive jurisdiction over such
dispute, r_
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19, Authori!j: The Parties each represent.and warrant to the other that each has full CO
authority to execute this Lease without the joinder or consent of any other party and that each party
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has not assigned any of its right,title,and interest in the Lease to any other party.
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20, Notices: All notices required or permitted by this Lease shall be in writing and may
be delivered in person(by hand or by messenger or courier service)or may be sent by certified or
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registered mail or U.S. Postal Service Express Mail, with postage prepaid, or by nationally
recognized overnight courier service,and shall be deemed sufficiently given if served in a manner -J
specified in this Paragraph. The addresses noted adjacent in Paragraph I this Lease shall be that 0
Party's address for delivery or mailing of notices. Either Party may by written notice to the other CO
specify a different address for notice purposes. A copy of all notices required or permitted to be
given to Landlord hereunder shall be concurrently transmitted to such party or parties at such E
addresses as noted in paragraph I or as Landlord may from time to time hereafter designate by CO
written notice to Tenant,
21. Date of Notice,: Any notice sent by registered or certified mail, return receipt 2
requested,shall be deemed given on the date of delivery shown on the receipt card,or if no delivery
date is shown,the postmark thereon.Notices delivered by United States Express Mail or overnight
courier that guarantees next day delivery shall be deemed given 24 hours after delivery of the same
to the United States Postal Service or courier. If notice is received on a Saturday or a Sunday or a U)
legal holiday, it shall be deemed received on the next business day. T)
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22. Attorllevs' Fees and Other Costs: If any Party brings an action or proceeding to S
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enforce the terms hereof or declare rights hereunder,the"Prevailine Pail r defined)
1 11 Pawky"'(as hereafter
in any such proceeding shall be entitled to reasonable attorneys'fees. The.term "L1rpypj1�in) l1a&" 0
shall include,without limitation,a Party who substantially obtains or defeats the relief sought,
23.
SecuriLl Measures: Tenant acknowledges that Landlord does not include the cost E
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of guard service or other security measures. Landlord has no obligations to provide same.Tenant 2
assumes all responsibility for the protection of the Leased Promises,Tenant,its agents and invitees
and their property from the acts of third parties.
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24, Amendments: This Lease may be modified only in writing,signed by the parties -J
in interest at the time of the modification.
25, Interpretatigi The parties acknowledge that this Lease is the result of U)
negotiations between the parties,and in construing any ambiguity hereunder,no presumption shall .2
be made in favor of either party. No inference shall be made from any item, which has, been
stricken from this Lease other than the deletion of such item.
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26. No Partnership: Nothing in this Lease creates any relationship between the parties
other than that of landlord and tenant,and nothing in this Lease constitutes the Landlord a partner
of Tenant or a joint venture or member of a common enterprise with Tenant. 0
27. Counterl)arts: This Lease may be executed in counterparts each of which shall be
deemed an original and all of which together shall constitute one instrument. A PD,F signature
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shall be deemed for all purposes to be an original. CO
28, Severabilit: The invalidity of any provision of this Lease, as determined by a
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court of competent jurisdiction, shall not affect the validity of any other provision hereof,
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29, Waiver of Jury Trial: EACH PARTY HEREBY WAIVES ANY RIGHT TO
TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION (i)
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ARISING UNDER THIS LEASE OR(it) IN ANY WAY CONNEC'I'ED WITH OR RELATED
OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO IN RESPECT CIF THIS
LEASE OR THE TRANSACTIONS RELATED HERETO OR THERETO IN EACH CASE 0
WHETHER NOW EXISTING OR HEREAFTER ARISING. EACH PARTY HEREBY CO
AGREES AND CONSENTS THAT ANY SUCH CLAIM,DEMAND,ACTION OR CAUSE OF
ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY AND THAT ANY E
PARTY MAY FILE AN ORIGINAL COUNTERPART OF A COPY OF THIS LEASE WITH
ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO
TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY,
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30. Radon Disclosure: In accordance with Florida Statutes,the following information
is provided:
Radon is a naturally occurring radioactive gas that when it has accumulated in U)
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a building in sufficient quantities, may present health risks to persons who are exposed to it over T)
time. Levels of radon that exceed federal and state guidelines have been found in buildings in 0
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Florida, Additional information regarding radon and radon testing may be obtained from your E
county public health unit.
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31. Federal Contract Clauses Required by 2 Code of Federal Regulations part 200,,
Appendix 11.
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The parties must follow the provisions as set forth in Appendix Il to Part 200, as
amended and as applicable, including but not limited to:
A. U)
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Control---Act L Q C_3 �S� , 1251-1387), as amended---Contracts and sub-grants of
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amounts in excess of$150,000 must comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the
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Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations r_
must be reported to the Federal awarding agency and the Regional Office of the .2
Environmental Protection Agency (EPA)The parties agree to comply with all
applicable standards,orders or regulations issued pursuant to the Clean Air Act(42
0
U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33
U.S.C. 1251-1387) and will report violations to FEMA and the Regional Office of
the Environmental Protection Agency(EPA).
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B. Davis-Bacon Act, as amended fAr
IJ_,S,C, 3 141-3148), When required by
Federal program legislation, all prime construction contracts in excess of $2,000
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awarded by non-Federal entities must comply with the Davis-Bacon Act(40 U.S.C, 2'
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations co
(29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction"). In accordance with the statute, E
contractors must be required to pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in a wage determination made by the Secretary
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of Labor. In addition,contractors must be required to pay wages not less than once a
week,The COUNTY must place a copy of the current prevailing wage determination
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issued by the Department of Labor in each solicitation. The decision to award a M
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contract or subcontract must be conditioned upon the acceptance of the wage
determination. The COUNTY must report all suspected or reported violations to the
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Federal awarding agency. The contractors must also comply with the Copeland
"Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor
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regulations(29 CFR Part 3, "Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or in Part by Loans or Grants from the United
States"). As required by the Act,each contractor or sub recipient is prohibited from
inducing, by any means, any person employed in the construction, completion, or
2
repair of public work,to give up any part of the compensation to which he or she is
otherwise entitled.The COUNTY must report all suspected or reported violations to
the Federal awarding agency.
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C. Contract Work lours and Safe tv Standards Act tig—U--S.C370jz�3708 M
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Where applicable,all contracts awarded by the COUNTY in excess of$100,000 that 0
involve the employment of mechanics or laborers must comply with 40 U.S.C.3702 0
and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).
Under 40 U.S.C. 3702 of the Act,each contractor must compute the wages of every 0
mechanic and laborer on the basis of a standard work week of 40 hours. Work in
excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for
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all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply to U)
the purchases of supplies or materials or articles ordinarily available on the open
market,or contracts for transportation or transmission of intelligence.
D. Ueba�giqj__Su_s_pcus jon� CQUCj v C Cd_L A?54 aired 120 —A U)
contract award (see 2 CFR 180.220) will not be made to parties listed on the .2
governmentwide exclusions in the System for Award Management (SAKI), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders
12549(3 CFR part 1986 Comp.,p. 189)and 12689(3 CFR part 1989 Comp.,p.235), 0
"Debarment and Suspension." SAM Exclusions contains the names of parties
debarred, suspended,or otherwise excluded by agencies,as well as parties declared
ineligible under statutory or regulatory authorityother than Executive Order 12549,
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E.
Amendment (3 LU,,S',!C_ 1352 —Contractors that apply
or bid for an award exceeding$100,000 must file the required certification. Each tier 2M
certifies to the tier above that it will not and has not used Federal appropriated funds co
to pay any person or organization for influencing or attempting to influence an officer
or employee of any agency,a member of Congress,officer or employee of Congress, E
or an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also
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disclose any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to
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the non-Federal award.
F. Americans with Disabilities Act of 1990 (A — The parties will co
comply with all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder.
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G. No Oblioation 11v Federal Government. The federal government is not a party
to this contract and is not subject to any obligations or liabilities to the non-Federal
entity, contractor, or any other party pertaining to any matter resulting from the
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contract.
H. Pro Arun U'raud and False or l"ralid u lent Statements or Related Acts, The
parties acknowledge that 31 U.S.C. Chapter 38 (Administrative Remedies for False U)
Claims and Statements)applies to their actions pertaining to this contract, M
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Access to Records,Contractor/Consultant and their successors,transferees,assignees,and 0
subcontractors acknowledge and agree to comply with applicable provisions governing the 0
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Department of Homeland Security(DHS)and the Federal Emergency Management Agency's
(FEMA)access to records,accounts,documents,information,facilities,and staff. 0
Contractors/Consultants must 1,cooperate with any compliance review or complaint
investigation conducted by DHS 2.Give DHS access to and the right to examine and copy
records,accounts, and other documents and sources of information related to the grant and
permit access to facilities,personnel,and other individuals and information as may be necessary, E
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as required by DHS regulations and other applicable laws or program guidance.3. Submit
timely,complete,and accurate reports to the appropriate DHS officials and maintain appropriate
backup documentation to support the reports.
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"orneland Security seal(s),logos,crests,or reproduction of flags or likeness,of DHS
agency officials without specific FEMA approval.
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change or modification,change order,or constructive change of the agreement must be
within the scope of any Federal grant or cooperative agreement that may fund this
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Project and be reasonable for the completion of the Project. Any contract change or
modification, change order or constructive change must be approved in writing by both
parties.
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IN WITNESS WHEREOF ,the parties have set their hands and seals as of this day
of July 201
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Attest: IGEVIN MADOK,Clerk
Monroe County,a Political Subdivision of the
State of Florida
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Deputy Clerk MAYOR �
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