03/17/2021 to 03/16/2022 ,::.: . Kevin Madok, CPA
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: January 22, 2021
TO: Alice Steryou
Contract Monitor/� Q��
FROM: Pamela G. Hancdck 4).C.
SUBJECT: January 20th BOCC Meeting
Attached is an electronic copy of the following item for your handling:
CIO Agreement with the Monroe County Sheriff's Office to provide 320 square feet of
office space at the Murray E. Nelson Government and Cultural Center in Key Largo, Florida.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: Facilities Supervisor
County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
AGREEMIENT
THIS AGREEMENT, made this 20th day of January, 2021, by and between the
Board of County Commissioners of Monroe County, Florida (hereinafter referred to as
"BOCC"), whose address is 1100 Simonton Street, Key West, Florida 33040, and the
Monroe County Sheriffs Office, (hereinafter referred to as "MCSO"), whose address is
5525 College Road, Key West, Florida 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 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;
NOW, THEREFORE, for and in consideration of the mutual covenants contained
herein, the parties agree as follows:
I. Contract Term. This agreement is for the period commencing on March
17, 2021, and terminating on March 16, 2022, and is for Zero dollars and
00/100 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
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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 Agreement 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 Agreement. Both parties reserve the right, at
the discretion of each, to terminate the services in this Agreement for any
misfeasance, malfeasance, or nonperformance of the Agreement terms or
negligent performance of the Agreement terms by the other party. 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 party 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
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resulting from 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,
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 kind or nature arising out of, relating
to, or resulting from the negligent performance of this Agreement
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 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
Agreement.
7. Laws and Reyulations.
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,
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and shall not discriminate on the grounds of race, color, religion,
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 Chan,,es, The BOCC will not be responsible for any finance
charges.
10. Severability. 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.
11. Assignment. The MCSO shall not assign, transfer, sublease, pledge,
hypothecate, surrender, or otherwise encumber or dispose of this
Agreement or any estate created by this Agreement or any interest in any
portion of the same, or permit any other person or persons, company or
corporation to perform services under this Agreement 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 111,
and the Monroe County Ethics Ordinance. The MCSO shall disclose to
the BOCC all actual or proposed conflicts of interest, financial or
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otherwise, direct or indirect, involving any client's interest, which may
constitute a conflict under said laws.
13. Care of Prooertv. 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. 0 10-1990 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 Agreement without liability and may also, in its
discretion, deduct from the Agreement 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 party 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 (14) days' notice in writing required prior to effective
termination.
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b) In the event either party terminates without cause, the termination
shall not take effect until at least sixty (60) days subsequent to
written notice to the other party, and the effective date of
termination shall be specified in said notice.
16. Notices. Any written notice or correspondence given pursuant to this
Lease shall be sent by United States Mail, certified, return receipt
requested, postage prepaid, or by courier with proof of delivery. The
place of giving Notice shall remain the same as set forth herein until
changed in writing in the manner provided in this paragraph. Notice shall
be sent to the following persons:
BOCC MCS0
County Administrator Monroe County Sheriff
Monroe County 5525 College Road
1100 Simonton Street Key West, Florida 33040
Room 2-205
Key West, Florida 33040
and
Monroe County Attorney
P. O. Box 1026
Key West,Florida 33041
IT 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.
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SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREOF,the parties have executed this Agreement the day and
Yn
� '. ®� .,.�,rst above written.
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r BOARD OF COUNTY COMMISSIONERS
'-: P #! V IN MADOK,Clerk OF MONROE COUNTY,FLORIDA
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By: V ,, 7� .,�^�"v By: N *i
As 17eputy Clerk Mayor _ N)
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MONROEt�AZRtFF'S OFFICE
By: `
Sheriff Richard A.Ramsay
MONRO UHT(SHERIFF'S OFFICE
APP VEDASTO FORM:
PATRICK J.McCULIAH
H
MOaaCE COUNTY ATTORIEYS OFFICE
An o � GENERAL CQt1N1
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