11/22/2016 Agreement AMY HEAVILIN CPA
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CLERK OF CIRCUIT COURT & COMPTROLLER
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�\ MONROE CODNi',FLORIDA
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DATE: December 12, 2016
TO: Doug Sposito, Director
Project Management
ATTN: Ann Riger, Contracts Administrator
FROM: Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller C X
At the November 22, 2016 Board of County Commissioner's meeting the Board granted approval and
execution of the following Item F6 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.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any
questions,please feel free to contact our office.
cc: County Attorney
Finance
File
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fox:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fox:305-289-6025
88820 Overseas Highway Plantation Key,FL 33070 Phone:852-7145 Fox:305-852-7146
MEMORANDUM t ,
BETWEEN MONROE COUNTY,
THE DEPARTMENT !
D
MONROE COUNTY SHERIFF'S OFFICE
UNDERSTANDING.,Mjs MEMORANDUM OF .w- and entered
• day of
2016 by and between the Monroe County Board of County Commissioners, a
political subdivisionof the State of o w. • The State m
Juvenile Justice and Sheriff Richard A. Ramsay
officialas
first floor of the Monroe County juvenile Detention Center located at 5503 College Road, Key
West, FIL Monroe County, Florida ("MCSO"), for MCSO to occupy and; use certain D:J'J office space on the
- COUNTY,and MCSO seek to support each other's efforts in
providing the highest level of services and _ of publicbuildings thrw s,
cooperation and shaning of public • r and
JrIIHEREAS, • DJj owns and occupies office space on the first fl'oor of the Monrol�
County Detention Center located at 5503 College Road, Key West, FL 33040; and
-currently Dii does not
the Detention Center first floor and this area hasn't been used or occupied for at least thr
storesWHEREAS, the MCSO Property and Evidence Division currently occupies space, evidence r property in its custody in the Jefferson ;o ftoo wWHEREAS, the -
JeffersonBrown Building is scheduled for construction, renovation i
demolition which requires the MCSO to vacate the building and be
unable to conduct
WHEREAS,Property and Evidence Division operations and activities there; and
m
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 C_ - o0 o conductactivities
r operations; and
constructWHEREAS, the COUNTY will be responsible for the work and costs to convert, equip
and ., as a suitable
area for the MCSO Property and Evidence
Division t4 occupy ! conduct its activities and operations', and
WHEREAS, the dryer is currently located in the area to be !eased by MCSO and both
MCSO and DJJ desire to relocate the dryer to Room 1050 of the DJJ secured area; and
3 r
WHEREAS, the parties hereto agree that COUNTY shall be responsible for the cost of
if installing a dryer vent and a 210 electric outlet in room 1050 of the DJJ secured area
lighlighted in yellow on Exhibit"A", a copy of which is attached hereto and incorporated herein.
NOW THEREFORE, in cons:ideration 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.
1 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 wh;ich is attached hereto and made a part hereof, as Exhibit
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 MCMs
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.
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 resurne its operations at or in the premises area.
lJ11 �.-MVA
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.
7. 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 SimontQj9-
,Key West, Fl. 33040
With a copy to:
,V.**roie C ri fT
P.O. Box 1026
Key West, FL 33041 m
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 Sheriff's Office. -
Patrick McCullah,1kaTovft;�#jxW,
Monroe County Sheriff's 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, Thiis 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
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 accompl'ishm:ent 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
;tricken provision.
10. LIA ' BILITY 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, Dii, 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, Dii, 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 duty authoriz
representatives have executed this MOU on the days and dates set out below, and certify th
they have read, understood, and with the assistance of legal counsel agreed to the terms a
conditions of this MOU as set forth herein.
lir
BOARD OF COUNTY COMMISSIONERS
AVILIN, CLERK OF M COUNTY, ORIDA
J-
BY:
Mayor/Chairperson
Subscribed and sworn to (or affirmed) before me on the day of
' 2016, by (name of
affiant). He/She is personally known to me or has produced
(type of identification) as identification,
My Commission Expires-
R 'ERS
U 'U
rY ATTORNEY
STATE OF FLORIDA, DEPT. OF JUVENILE JUSTICE
Signature, -
Title: IDirector of Purchasln Leasing
Print N me*: �,MvlicheQeCo�ok
Date:
Approved as to ,legorm and sufficiency:
By:
TonjWh;141-�
Mathews, Assistant GeneralCounsel
Date: I
STATE OF FLORIDA
COUNTY OF: The foregoing instrument was acknowledged before me this V°I11"day of D
2016, by MjWP-U as
.......... of State of Florida, Florida
Department of Juvenile Justice who is personally known to me or who has produced
as identification.
f�A
IVdtary Public, State of Florida
Commission Number: K �-jq• 12--1
Commission Expires: i \ I C5 12.0 1 S
ERICA MLEE CUM
My COMMISSION # FF 174127
EXPIRES: November 5,2018
804ded Thru Bu*t Notary SeN�,
•
MONROE COUNTY SHERIFF
Signature: G(te.Ca ^�'
Title: Sleezir /
Print Name: a at 0i1Mr4y
Date: /o — /f — /f
STATE OF FLORIDA-1 I
COUNTY OF: 1 V10Y1 f0e_
4p,jubrperibed and sworn to (or affix/9ed�) l�befo me on the 10 day of
IX-';76 .?il- , 2016, by LiLK._ KAYY4s (name of
affiant). He/She is personally jsn wn to me for has produced
t, (type of identification) as identification.
UUUMy �,pmis ion Aires(^ �� - --— --- -
`/l NOTARY PU LIC I ",�,;, Y � arrw
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MONPO BOUNTY SHERIFF'S OFFICE 1( ' - n0_ 0 ---
APPR♦ 0 D;J,S TO FORM:
ir RICK J. McCULLAr,
GENERAL COUNSE!.
DATE: _____frgitsbOih
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