Item C22 C.22
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County of Monroe
�y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `_ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
March 17, 2021
Agenda Item Number: C.22
Agenda Item Summary #7973
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: STAFF CONTACT: Alice Steryou(305) 292-4549
None
AGENDA ITEM WORDING: Approval of a Second Memorandum of Understanding between the
BOCC, the Monroe County Sheriffs Office, and the Department of Juvenile Justice for the
reallocation of costs and expenses to be borne by the County, MCSO or DJJ due to recent changes in
the allocation of space in the Juvenile Justice Facility at 5503 College Road Key West, Florida
33040.
ITEM BACKGROUND: This item is to request approval of a Second Memorandum of
Understanding (MOU) between Monroe County BOCC, the State of Florida Juvenile Justice Center
(DJJ) and the Monroe County Sheriff for the reallocation of costs and expenses to be borne by the
County, MCSO or DJJ. There were recent changes in the allocation of space in the Juvenile Justice
Facility at 5503 College Road Key West, Florida 33040, due to the Sheriffs Office taking over
additional space for its operations. As a result, this MOU is to better allocate the sharing of expenses
in relation to the actual space being utilized by each agency. Due to the space changes and
modifications that have been occurring at the facility, the County has not invoiced DJJ for its share
of expenses during 2020. The County has agreed to waive any costs owed by DJJ for 2020 and
begin its billing again with any expenses starting as of January 1, 2021, and going forward based on
the new allocation amounts.
PREVIOUS RELEVANT BOCC ACTION:
November 20, 2001 Monroe County BOCC approved an agreement between the State of
Florida, Department of Juvenile Justice (DJJ) and the Monroe County
Sheriffs Office to enter into a construction and occupation agreement for
a Juvenile Justice facility with Monroe County.
July 1, 2004 Monroe County BOCC approved and entered into Maintenance and
Repair Agreement between the State of Florida, Department of Juvenile
Justice (DJJ) and Monroe County in regards to the Juvenile Justice Center
located on Stock Island.
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November 22, 2016 BOCC approved a Memorandum of Understanding between Monroe
County BOCC, the State of Florida Juvenile Justice Center (DJJ) and the
Monroe County Sheriff to occupy office space on the first floor of the
Juvenile Justice Center on Stock Island for the purpose of a new property
locker.
CONTRACT/AGREEMENT CHANGES:
Reallocation of costs
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
03-17-2021_DJJ Second Memorandum of Understanding (legal stamped Sheriff executed) Rev 1st
Page
11_22_2016 Agreement_MOU_MCSO_DJJ
DJJ Lease 2001 and 2004
FINANCIAL IMPACT:
Effective Date: March 17, 2021
Expiration Date: Midnight on June 28, 2049
Total Dollar Value of Contract: None
Total Cost to County: None
Current Year Portion: None
Budgeted: None
Source of Funds: None
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details: Second Memorandum of Understanding for the reallocation of costs with
the costs to be invoiced to DJJ retroactive to January 1, 2021.
No financial impact for the BOCC only for the Monroe County Sheriff s Office and the State of
Florida Juvenile Justice Department. Reallocation of costs.
REVIEWED BY:
Patricia Eables Completed 03/02/2021 4:16 PM
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Dan Bensley Completed 03/02/2021 4:17 PM
William DeSantis Completed 03/02/2021 5:07 PM
Purchasing Completed 03/02/2021 5:09 PM
Budget and Finance Completed 03/02/2021 5:10 PM
Maria Slavik Completed 03/02/2021 5:33 PM
Liz Yongue Completed 03/02/2021 6:00 PM
Board of County Commissioners Pending 03/17/2021 9:00 AM
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SECOND MEMORANDUM OF UNDERSTANDING
BETWEEN MONROE COUNTY,
THE DEPARTMENT OF JUVENILE JUSTICE
AND
MONROE COUNTY SHERIFF'S OFFICE
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This SECOND MEMORANDUM OF UNDERSTANDING is made and entered into
this 17th day of March, 2021, by and between the Monroe County Board of County
Commissioners, a political subdivision of the State of Florida, ("County"), The State of Florida,
Department of Juvenile Justice ("DJJ"), and the Monroe County Sheriff's Office of Monroe
County, Florida("MCSO"), (all collectively the "Parties"), for further amendment to the division
of shared costs among the Parties regarding use of the Monroe County Juvenile Justice Facility,
located at 5503 College Road, Key West, FL 33040. 2
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WITNESSETH:
WHEREAS, the County, as Lessor, and DJJ, as Lessee, entered into a Land Lease
Agreement effective as of July 8, 1999, ("Original Land Lease") for a period of fifty (50) years,
with said land to be used for the purpose of the establishment and operation of a Juvenile Justice E
Facility to be located at 5503 College Road, in Monroe County, Florida, ("Juvenile Justice
Facility"), with said property to be solely used and occupied by DJJ, and all costs to be borne and
paid for by DJJ, as the Lessee,
WHEREAS, the County approved a Lease Amendment to the Original Land Lease on
August 15, 2001 ("Lease Amendment"), in which the County would utilize a one-story floor in
the Juvenile Justice Facility for any lawful purpose; and
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WHEREAS,the County and DJJ subsequently entered into a Construction and Occupancy
Agreement on October 23, 2001, ("2001 Agreement") for the actual construction and operation of
the aforementioned Juvenile Justice Facility, which also included respective responsibilities for c
maintenance and repair of the Facility; and
WHEREAS, under said 2001 Agreement, DJJ was to own the first floor of the two-story 0)
addition and the County was to own the second floor of the addition; and v)
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WHEREAS, the 2001 Agreement further set forth the provisions for payment of the
consideration by the various parties for construction of the building and the maintenance and C14
operating costs; and
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WHEREAS, on July 14, 2004, the County approved a Maintenance Agreement for
Department of Juvenile Justice Center in Monroe County, with an effective date of July 1, 2004,
between the County and DJJ ("Maintenance Agreement"), hich incorporated the 201
Agreement i in the Maintenance Agreement; and Q
e Maintenance Agreement set forth provisions for the maintenance and 0
repair of the first floor of the Juvenile Justice Facility which was to be owned and operated.by DJJ; W
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WHEREAS, CL
on November 22, 2016, the County, DJJ, and MCSOentered into a
Memorandurn of Understanding (66 ") for MCSO to occupy and use certain DJJ office space �
on the first floor of the Juvenile Justice Facility located at 5503 College Road for the MCSO
Property and Evidence Division to relocate to that building; and 2
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WHEREAS,the MOU set forth provisions for use of the first floor space and which parties
would provide certain services and bear the costs of same such as the construction, maintenance,
repair,janitorial, and utilities for the designated space as set forth in the -CT; and
WHEREAS, the MCSO Property and Evidence ivision has been operating in the first
floor space for over a year now and the parties desire to amend its previous agreements as to the y
division of costs to better reflect a proper allocation of the costs as compared to the use by each
particular party; and
the Parties desire to reallocate certain casts and expenses to be borne by the
County, MCSO, or DJJ,due to the recent changes in the allocation of space in the Juvenile Justice
Facility; and
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WHERE AS, certain previsions of the original Maintenance Agreement shall also be
ended to reflect current provisions pursuant to Federal, State, Monroe County, and local
statutes, ordinances and ether laws; and
is Second Memorandum of Understanding as to the reallocation of costs
upon approval, shall become a part of the Maintenance Agreement as set forth in Article I, Term, 0
Paragraph 2, of said Agreement;
NOW, +,in consideration of the mutual benefits set forth herein, the parties
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agree as follows:
1 Recitals. The above recitations are true and correct and are incorporated herein
and made a part hereof.
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. Term. The term of this agreement shall be concurrent with the term of the E
Maintenance Agreement and the 2001 Construction and Occupancy Agreement incorporated
thereto as Exhibit A, and thus shall terminate at midnight on June 2 , 2049.
. Premises. County, DJJ, and MCSO shall continue to utilize the assigned Haar
areas as previously agreed and currently occupied in the Juvenile Justice Facility. 0
4. Maintenance,-Rel air, Utilities,. and Janitorial Expenses. The Maintenance �
Agreement provides in Article 11, Consideration, Paragraph at JJ's shared cast for
maintaining certain operating systems may be adjusted from time to time. Due to recent
reallocations of space in the Juvenile Justice Facility, the Parties now desire to amend the
apportionment of cast sharing for certain systems or maintenance and repair. The parties agree i
to amend the previous cost sharing, whether stated in the 2001 Agreement, Maintenance 2
Agreement, or MOU, as follows:
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(a) County ty shall bear all costs for maintenance, repair, and operation of the Elevators
located in said Juvenile Justice Facility.
(b) County shall pay a 2/3 sharer d DJJ shall pay the remaining 1/3 share of all casts
for maintaining, repairing, and operating the Fire Suppression Systern,which shall
include the Dire Sprinkler Testing and Certification. v,
(c) County shall pay a /3 share and DJJ shall pay the remaining 1/3 share of all costs
for maintaining, repairing, and operating the Building Automation Systems and
Fire Alann System, which shall include any testing of each.
(d) County shall pay a /3 share and DJJ shall pay the remaining 1/3 share of all costs
for maintaining, repairing, and operating the Generators. Each generator may
continue to be used as aback-up generator for other party's emergency use.
(e) County, DJJ, and MCSO agree to maintain payment for all other maintenance,
repair, and operation, casts as currently borne by the parties pursuant to either the
2001 Agreement, ainten ce Agreement, or MOU, unless amended herein.
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5. Waiver of Costs. The County has not invoiced DJJ, pursuant to the Maintenance �
Agreement, for its quarterly share of expenses due for the year 2020. County agrees to waive the
outstanding costs for 2020 in exchange for this amendment on the reallocation of future casts and 0
expenses as set forth herein. Upon execution and approval oft this Agreement by all Parties,County
shall henceforth reinstate compilation of all casts and expenses for the quarter beginning January
1, 2021, and going forward, and invoice such shared costs to DJJ and/or MCSO on a quarterly
basis as provided in the Maintenance Agreement,
6. Article VI, Other Obligation ation Under this Agreement, Paragraph 5,
Nondiscrimination, of the Maintenance Agreement, shall be amended to provide the most current
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County provisions with regard to Nondiscrimination. The aforementioned Paragraph 5 of the
Maintenance Agreement shall be stricken and replaced with the following paragraph in the
Maintenance Agreement:
5. Nondiscrimination. The parties agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination 0
by a court of competent jurisdiction that discrimination has occurred, this W
Agreement automatically terminates without any further action on the part 0)
of any party, effective the date of the court order. The parties agree to CL
comply with all Federal and Florida statutes, and all local ordinances, as
applicable,relating to nondiscrimination. These include but are not limited
to: 1)Title VII of the Civil Rights Act of 1964(PL 88-352),which prohibit
discrimination in employment on the basis of race, color,religion, sex, and 2
national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act
of 1973, as amended(20 USC § 794),which prohibits discrimination on the
basis of handicaps;4)The Age Discrimination Act of 1975,as amended(42
USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5)
The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as n
amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and
Rehabilitation Act of 1970 (PL 91 616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The
Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3
and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; 8)Title VIII of the Civil Rights Act of 1968 (42 USC
§§ 3601 et seq.), as amended, relating to nondiscrimination in the sale,
rental or financing of housing; 9) The Americans with Disabilities Act of
1990 (42 USC §§ 12101 Note), as amended from time to time, relating to
nondiscrimination in employment on the basis of disability; 10) Monroe
County Code Chapter 14, Article II, which prohibits discrimination on the
basis of race, color, sex, religion, national origin, ancestry, sexual 0
orientation, gender identity or expression, familial status or age; and 11)
Any other nondiscrimination provisions in any federal or state statutes
which may apply to the parties to, or the subject matter of, this Agreement.
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7. Effective Date. The Effective Date of this Second Memorandum of Understanding
shall be upon approval by the Monroe County Board of County Commissioners with the shared
costs allocation to be retroactive to January 1, 2021, as stated herein.
8. Entire A yeement. This Second Memorandum of Agreement constitutes the entire
agreement of the Parties and supersedes any prior understandings or oral or written agreements 0
between the Parties with respect to the subject matter herein. W
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9. All other terms and conditions of the Land Lease, Construction and Occupation
Agreement, Maintenance Agreement, and Memorandum of Understanding, all as amended,
entered into between the Parties, shall remain in full force and effect,unless amended herein.
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IN WITNESS WHEREOF,the parties have hereto caused this Agreement to be executed E
on the day and year first above written.
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STATE OF FLORIDA,
WITNESSES: DEPT.OF JUVENILE JUSTICE
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—---------...... -—------- ------------- By: ........................................ ............................ U)
Signature Authorized Signature W
Printed Name: Printed Name:
----------
Title:
Signature
Printed Name:
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(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY,FLORIDA
By: ........ —----- By:
As Deputy Clerk Mayor/Chairperson
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MONROE CO E' IS OFFICE
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By:
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Signature Sheriff Richard A. Ramsay-
Print- name jt1LG
i."':AiROE COUNTY SHERIFF'S OFFICE C44
APPR;Qft��DAS TO FOAM:
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rinted Name: P ICK J. MaCULLAH
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GENERA, CO ' r;'
6 DATE
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AMY NFAVItIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
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MOHROE COUNTY,FLORIDA
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DATE: December 12, 2016 �
TO: Doug Sposito, Director ca
Project Management
ATTN: Ann Riger, Contracts Administrator
FROM: Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller �
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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, c
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.
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Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any 0)
questions,please feel free to contact our office. 2
-------------------
cc: County Attorney
Finance
File J
500 Whitehead Street Suite 10I,PO Box 1980,Key West FL 33040 Phone:305-295-3130 Fox:305-295-3663
31I7 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fox:305-289-6025
88820 Overseas Highway,Plantation Key,Ft 33070 Phone.852-7I45 Fox:305-852-7146
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MEMORANDUM OF UNDERSTANDING
BETWEEN MONROECOUNTY,
THE DEPARTMENT T OF JUVENILE JUSTICE
ADD
MONROE COUNTY SHERIFF'S OFFICE
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hjs MEMORANDUM OF UNDERSTANDING is made and entered into this day of
,It _, 016 by and between the Monroe County Board of County Commissioners, a
political subdivision of the State of Florida, ("COUNTY""), The State of Florida, Department of
Juvenile Justice ("DJJ"'), and Sheriff Richard A. Ramsay in his official capacity as Sheriff of
Monroe County, Florida ("MCSO"), for 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, Ivey
West, FIL 33040.
ITNESSET'
WHEREAS, the COUNTY, DJJ, and MCSO seek to support each other's efforts in
providing the highest level of services and most efficient use of public buildings through
cooperation and sharing of public assets when feasible; and
WHEREAS, the DJJ owns and occupies office space on the first floor of the Monroe o
County Detention Center located at 5503 College Road, Key West, FL 40; and
WHEREAS, the DJJ currently does not use certain resident areas and office space of o
the Detention Center first floor and this area hasn't been used or occupied for at least three )
years;: and
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WHEREAS, the MCSO Properly and Evidences Division currently occupies space, and
stores evidence and property in its custody in the Jefferson Brown Building in Key West; and
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WHEREAS, the Jefferson Brown Building is scheduled for construction, renovation and
demolition which requires the MCSO to vacate the building and be unable to conduct its
Property and Evidence Division operations and activities there; and �
WHEREAS, the 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 Center first floor to conduct its activities and operations; and
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WHEREAS, the COUNTY will be responsible for the work and costs to convert, equip i
and construct the first floor area as a suitable area for the MCSO Property and Evidence
Division to occupy and conduct its activities and operations; and
WHEREAS, the dryer is currently located in the area to be leased by MCSO and bath
MCSO and DJJ desire to relocate the dryer to Room 1050 of the DJJ secured area; and
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WHEREAS, the parties hereto agree that COUNTY shall be responsible for the cost of
and installing a dryer vent and a 210 electric outlet in room 1050 of the DJJ secured area
highlighted in yellow on Exhibit "A" a copy of which is attached hereto and incorporated herein.
NOW THEREFORE, in consideration 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, 2015, and
terminate on October 31, 2020„ with the option of two 2 ten 10 p ( ) { ) year extensions
unless earlier terminated by one of the parties as provided herein.
3. 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 which is attached hereto and made a part hereof, as Exhibit
. USE OF PREMISES m The MCSO is authorized to use the premises described in 2
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paragraph 3 above and shown on Exhibit "A" for the services, functions, and activities of E
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 MCSO`s
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(5) months prior i
written notice that the DJJ intends to resume its operations at or in the premises area.
5. 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 0
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 pricer to the commencement of construction. COUNTY agrees to turn the
premises back over to DJJ upon (5) 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 resume its operations at or in the premises area.
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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 casts of sewer service.
7. NOTICE REQUIREMENT - Any notice required or permitted under this MOU shall be in
writing and sent certified mail to the fallowing:
Notice to Monroe County:
County Administrator
1100 Simonton St. Suite 2-205
Key West, Fl. 33040
With a copy to:
Monroe County Attorney
P.O. Box 1026
Key West, FL 33041 0
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Notice to:
Department of Juvenile Justice: 0
Michele Cook, Director of Purchasing & Leasing
Bureau of General Services
2737 Centerview Drive, Suite 1400
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Tallahassee, FL 32399 0
Notice to:
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Monroe County Sheriff's Office:
Patrick McCullah, General Counsel
Monroe County Sheriffs Office i
5525 College Road.
Key West, Florida 33040 i
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. TERMINATION -This MOU shall be effective upon full execution by the parties and shall 0
continue in accordance with the terms herein. This MOLL may be terminated unilaterally
y any of the parties prodding 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.
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9. SEV BILIT'Y - If any terra, 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 previsions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall be
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valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and previsions of this
Agreement would prevent the accomplishment 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
stricken provision.
10. LIABILITY 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 768.2 ,
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, DJJ, and MCSO, o
then an y party shall have the right to seek such relief or remedy as may be provided by
this Agreement or by Florida law.
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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 i
performance thereof by any participating entity, in which ease 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, DJJ, and MCSO, except to the extent permitted by
the Florida constitution, state statute, and case law. i
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,
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Signatures. In witness whereof, the parties to this MOU through their duly authorized
representatives have executed this MOU on the days and dates set out below, and certify that
they have read, understood„ and with the assistance of legal counsel agreed to the terms and
conditions of this MOU as set forth herein.
The effective date of this MOU is November 1, 201&
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BOARD F COUNTY I I S
AVILIN, CLERK OF Ott r E COUNTY, h(ORIDA
a or �halr p ~
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e arson �
STATE OF FLORIDA
COUNTY OF- �.
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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.
y Commission Expires:
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NOTARY PUBLIC E
A � q AS T M
C.R E N E R �E�RS .
ASSISTATIMU ATTORNEY
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STATE OF FLORIDA, DEFT. OF JUVENILE JUSTICE
Signature,-
Title: IDirector of Purchasln Leasing
Print N me�,MvlicheQeCo�ok
Date: _
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Approved as to,leg crm and sufficiency:
By .
Tonja �'�llathews, Assistant General Counsel �
Date: — I
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STATE OF FLORIDA
COUNTY OF-
The foregoing instrument was acknowledged before me this ° day of
2016, by MjWeU as ��� � of the State of Florida, Florida
Department of Juvenile Justice who is personally known to me or who has produced
as identification. c
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IVdtary Public, State of Florida
Commission dumber: ' '} i 2-
Commission Expires: 0
?� ERICA 1
MY COMMISSION 4 FF 174127 I
EXPIRES;November 5,2oiB
r$ e€et a BondedThruBudget Notary$eNv es
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MONROE COUNTY SHERIFF
Signature: ahzn��
Title:
Print Name: 40kt , Ar
Date: AD
STATE OF FLORID
COUNTY OF:
ub cribed and sworn to (or affir ed) befv me on the day of
20169 by (name of
affiant). He/She is personally �SI1a�+[n to me or has produced
�� (type of identification) as identification.
rrl.mi�ionire
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NOTARY PU L1C $ �► G°OV3,41
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MONP09 00UNfy SHERIFF'S OFFICE
APPR D STD FARM:
-#IRICK J. McCULLAti
GENERAL COUNSE:.
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Packet Pg.88,
C.22.c
�0
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BOARD OF COUNTY'COATMISSIONERS
•. _ _ Mayer Murray E.Neisoaa,District 5
Mayor Pro`i cm David P, Pice,District 4
Dixie M.5 char, District l
OE
rat WEST FLORIDA 3 4a � George Neugent.District 2
C (305)294-4641
` Charles"Sonny"McCoy,Districti i0o Simonton, Street
Key West, FL 33040
-46 (phone)
05/ -4 (fax)
leto-be-i,h@monroecounty--fl.gov
July 29, 2004
Ms. Wanda P. Smith
Florida lea Department of Juvenile Justice
2737 CenterviewDrive
Tallahassee, FL ° - 1
0
Pe: Maintenance Agreement for
I JJ Center in Monroe County
0
Dear Ms. Smith: Q
On July 14, 4, the Board ofunt rrrissirrs approved the
referenced �agr meat. Enclosed care triplicate s ri in als t c t d JJ. W
Please sure to return the fully-executed g itCD
k's Office CD
Original" n " roe r FinOriginal" 1 rra t t address
listed above, as scion as possible.
Should you have questions, please feel tree to contact me or Bob Stoma. N
Sincerely,
Beth Leta E
Sr. Administrator
'cc.. Bob Stone
Packet Pg.882
JUVENILEMAINTENANCE AGREEMENT FOR DEPARTMENT OF JUSTICE
DETENTION CENTER IN MONROE COUNTY
This Maintenance and Repair Agreement is made and entered into between
the State of Florida, Department of Juvenile Justice ( dd") and Monroe
County ("'County"), a political subdivision of the State of Florida, effective Jul
1, 2
WHEREAS, the state of Florida, Department of Juvenile Justice (1 has
entered into a construction d occupation agreement for a Juvenile Justice
facility with the Monroe County Sherifrs Office and Monroe County, said
agreement being attached and incorporated within this agreement as Exhibit
and,
0
WHEREAS, dd owns the Ground Floor and First Floor of the Juvenile
Justice Center located at 5503 College Road, Key West, Florida; and,
0
WHEREAS, the Florida Legislature has determined that the operation f �
needed residential and detention facilities for juvenile offenders is erriiticad to the
public health, safety and welfare of the citizens errs f the cominunity and to the
effective rehabilitation of juvenile offenders; and, �
WHEREAS, DJJ and Monroe County desire to collaborate in the
maintenance of the first floor of the Juvenile Justice Center; and
THEREFORE, I dd and Monroe County agree to the following to
rms
regarding e maintenance and repair of the first floor of the Juvenile Justice N
Center:
ARTICLE I $ TER
1.. The term of this agreement shall be concurrent with the term of the
Construction, and Occupation Agreement between l dd`, Monroe County E
Sheriffs Office and Monroe County (Exhibit A), which ends at midnight,
June 28, 2049.
® The agreement amount agreed to herein will be reviewed ire March of
each year by both partiesand may be adjusted through a mutual letter
of understanding that would then become part f this agreement,
Packet Pg.883
C.22.c
Dither of the parties hereto may cancel this agreement t out
cause by giving the other party sixty ( days written notice of its
intention to do so. In order for DJJ to terminate this agreement, it
hall pay all costs incurred on a pro rata. basis.
ARTICLE TT -_ CONSIDERATION
I . As consideration for Monroe County providing skilled
U
multidiscipline labor per the attached Scope of Work (Exhibit for
the, repair and, maintenance of the first floor of the Juvenile Justice �
Center (Juvenile Detention Center), DJ J shall pay the County Forty �
Five Thousand boll , per year.
. As provided in. Article V of the Construction And Occupation
Agreement For Juvenile Justice Facility In Monroe County (Exhibit
A), D JJ and the County will pay equal shares for maintaining the
two Elevators and Fire Suppression System. In addition, included
is the equally shared expense of maintaining the Building
Automation Systems and the Fire Alarm y to . DJXs shared
cost for maintaining these systems may be adjusted from time to
time and shall be invoiced by the o . ty and paid by D JJ as 0
described in paragraph 3 below. D Jd' current portion of the �
annual cost for maintaining tree systems is Thirteen Thousand
Nine Hundred Two Dollar: l , .
. Payments shall be made to the County quarterly in arrears and .�
pursuant toFlorida'sPrompt Payment ent w. County shall invoice
zJEJ quarterly. The requirement for final payment of monies due
for services rendered shall survive the term of this agreement.
4 .All material or equipment required for the maintenance or repair of
the .Juvenile Detention Center will be acquired by DJ J. A Purchase
Order System shall be established Thereby Monroe County is to
submit a Purchase order Request to DJJ. D JJJ will then directly
purchase from the vendor all required material or equipment and
make said materials and equipment available le to the County in
order for the County to perform the requisite rnaintenarice and,
repair, All material or equipment purchased by D JJ will be
dedicated for the Juvenile Detention Center's use.
. With the exception of shared services, any and all services of
Contractors that are deemed necessary for the repair or
maintenance of theJuvenile Detention. Center that is outside the
attached Scope of Work (Exhibit ) shall follow the r ha e Order
System to described in the preceding paragraph.
0 / /04 Packet'Pg. 884
C.22.c
. if it is deemed necessary to expedite a purchase orContractor's
services, DJJ can request in. writing that the County proceed with
the necessary purchase or service. The Counts: would then invoice
l dd at the next quarterly invoice for the actual costs that were
incurred. These costs are in addition to the stern described in
paragraph 1. and paragraph 2 above,
°. Any service calls that are required beyond, what is stated inthe ca
attached Scope of Work (Exhibit will be invoiced by the County
to li d per the following: �
A. Labor costs for service calls during normal working hours �
(7:30 AM to :30Monday through Friday, e cl dnig
holidays shall he $35.00 per an-hour.
1 . Labor costs for service calls during hours other than normal
wording hours as stated in the preceding paragraph
(premium time), including holidays shall he $52.55 per man-
hour.
. The parties shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in
accordance with generally accepted accounting principles E
consistently applied. Each party, to this Agreement or their
authorized representatives shall have reasonable and timely access
to such records of each other party to this Agreement for public
records purposes during the terra of the Agreement and for four --
years following the termination of this Agreement,
CD
Non-Reliance by Non-Parties. No person or entity shall be entitled
to rely upon the terms, or any of them, of this Agreement to enforce
or attempt to enforce any third.-hart: claim or entitlement to or
benefit of any service or program contemplated hereunder, and the y
County and DJj agree that neither the County nor DJJ or any
agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular
individual or group of individuals, entity:. or entities, have
entitlements or benefits is under this Agreement separate and apart, E
inferior to, or superior to the community in general, or for the
purposes contemplated in this Agreement.
ARTICLE Ill LIABILITY AND INSURANCE
3 06/ 3/0 Packet Pg.885
C.ZZ.c
L Iasi and the County are agencies of the State of Florida, or political
subdivisions thereof, as defined in Section 768.28, Florida
Statutes. The Forties hereto agree that each shall be responsible
for any and all claims, waits, actions, damagesand/or causes of
action a-rising during the term of this agreement for any personal
injury, loss of lifeand/or damage to property sustained in or about
the Property by reason or as . result of the negligence or tortious.
conduct of their agents, employees, licensees, and invitees in the
manner provided in Section '768.28, Florida Statutes, as mended
from time to time, or any other later providing limitations on claims.
ARTICLE I - OTHER OBLIGATIONUNDER THIS AGREEMENT w
i, If DJJ or the County fail to perform y other obligation of this
Agreement, then. the party to whom the obligation was owed may
give the party responsible for the obligation written notice. If the
party to whom the notice is directed fails to cure its non-
performance within 60 days after notice was sere:, the panty to
whom the obligation was oared may perform the obligation at the
expense of the offending party.
c
. The requirements of 60 day,-, written notice do not apply when non- E
performance creates are imminent danger to the safety of persons
or property. In these cases, the party 'to whom the obligation i
oared is required to give such notice as is possible under the c
circumstances, and the party responsible for the obligation will W
reimburse the reasonable expenses of curing the problem.
CD
Authority, Each party represents and warrants to the other that
the execration, delivery and performance of this Agreement have
been duly authorized by all necessary County and corporate
action, as required by laws y
. Claims for Federal or State Aid. The parties agree that each shall
be, and is, empowered to apply for, seek, and obtain federal and
state funds to further the purpose of thisAgreement; provided that
all applications, requests, grant proposals, and funding E
solicitations shall, be approved by each party prig to submission.
5. Nondiscrimination. he parties ree that there will be no
discrimination against any person, and it is expressly understood
that upon a determination by a court of competent jurisdiction,
that discrimination has occurred, this Agreement automatically
terminates without any farther action on the pat of any, party,
effective the date of the court order. The parties agree to comply
0 / / Packet Pg.886
C.22.c
with all Federal and Florida statutes, and all local ordinances, a
applicable, relating to nondiscrimination. 'These include but are
not limited to: 1.) Title VI of the Civil lights Act of 1964 (l
5 which prohibits discrimination, on, the basis of race, color or
n do origin; Title 1X of the Education Amendment of 1972, a
mended (20 USC ss. 1681-1683, and 1 a 5_l a ), which
prohibits discrimination on the basis of sex; ) Section 504 of the
Rehabilitation tion .act of 1973, as amended (20 USC , which
prohibits discrimination on the basis of handicaps; The age
Discrimination Act of 1975, as amended (42 USC . 1 1- 10
-which prohibits discrimination on the basis of age; 5 The Drug �
Abuse Office and Treatment act of 1 (Ply -' 55), as amended, �
relating to nondiscrimination on the basis of drug abuse; The
Comprehensive Alcohol Abuse and Alcoholism Prevention,
.,
Treatment and Rehabilitation tion act of 1.97 (l h 1-- i1d), as
amended, relating to nondiscrimination on the basis of alcohol
brie or alcoholism; The Public Health Service act of 1912,
523 and 5 (42 USC ss. 690dd-3 and ee- , as amended,
relating to confidentiality. of alcohol and drug abuse patient
records; Title VIII of the Civil Rights act of 1 (42 USC s. et
seq.), as amended, relating to nondiscrimination in the sale, rental
or financing cin of housing; The Americans with Disabilities bilitie Act of
1 (42 USC s. 1201 Note),, he amended from time to time, E
relating to nondiscrimination on the basis of disability; 10) Any
Bather nondiscrimination provisions in any Federal or state statutes
hick may apply to the parties to, or the subject matter oaf`, this �
Agreement. U)
Via, Covenant of No Interest.. The parties covenant that neither
presently, has any interest, and shall not acquire ire n interest,
which would conflict in any manner or degree with its performance
under this Agreement, and that only interest of each is to perform
and receive benefits recited in this Agreement, y
Code of Ethics. County agrees that officers and employees of the
County recognize and will be required to comply rth the
standards of conduct for public officers and employees a
delineated in Section 112.313, Florida Statutes, regarding, but not E
limited to, solicitation or acceptance of gifts; doing business with
Jane's agency; unauthorized compensation; misuse of public
position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
.. No Solicitation/Pay Trent. The parties arr t that, in respect to
itself„ it has neither employed near retained any company or person,
other than a bona fide employee working gale for it, to elicit or
5 06/ / Packet Pg.887
C.22.c
secure this Agreement and that it has not paid or agreed to pad'
y person, company, corporation, individual, or firm, other than .
bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or
resulting from the award, or making of this Agreement. For the
broach or violation of the provision.
9. Public access. This agreement may be canceled by either party for
refusal to allow public access to ail documents, pipers, letters or
other material subject to the provisions f Chapter 11 . 7, Florida
Statues, and made or received in conjunction with this agreement. �
10.. Leger Obligations and Responsibilities: Non-Delegation of �
Constitutional or Statutory Mica This Agreement is not intended
to, nor shall it be construed as, relieving participating entity
from obligation or responsibility imposed upon the entity by
lama except to the extent of actual, and timely performance thereof
by any participating tit # iii whichcase the performance
offered in satisfaction of the obligation or responsibiliqy. 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, except to the extent permitted by the Florida
constitution, state statute, and case law. E
l 1 a No personal Liability. No covenant or agreement contained heroin
hall be deemed. to be a covenant or agreement of any member, �
officer, agent or er,plo gee of Monroe Countyin his or her
individual opacity, and no member, officer, agent or employee of
Monroe County shall be liable personally{ on this Agreement ent or be
subject to any personal liability or accountability by reason of the
execution of this Agreement.
12, Execution in Counterparts. This Agreement may be executed in y
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 any of the parties hereto may execute this
Agreement by singing any such counterpart.
13. Section Headings. Section headings have been inserted in this
Agreement as a matter of convenience of reference only, and it i
agreed that such section. headings are not a part of this Agreement
d will not be used in the interpretation of any provision of this
Agreement.
06/23/0 Packet Pg.888
C.22.c
ARTICLE - NOTICE AND ADDRESSES
l notices required under this agreement must be provided by
certified or registered mail, addressed to the proper party at the
following address:
For ddA Asst. Secretary for Detention
2737 en erview Dr.
Tallahassee, Florida 32399-3100
For Monroe County: County Administrator
Cato Building
Key West, Florida 33040
2. All parties to this Agreement are governmental agencies. the
extent that this Agreement may extend past the term of office of
anv individual Mated above, it shall not be necessary for any par
to notify the other of a change of name' for any official above in
order for this free e t to be enforceable. E
ARTICLE I - INTERPRETATION ERPRETATIO AGREEMENT
0
I . This gree: ent shall be interpreted and construed under the Law W
f Florida,
N
If any one or more of the provisions of this Agreement are for an
reason held to he invalid, illegal, or unenforceable in any respect,
the invalidity, illegality or unenforceability will not affect any other
provision of this agreement, which shall be construed as if it had �
not included an invalid, illegal or unenforceable provision.
& This reement constitutes the entire agreement of the parties and
supersedes ay prior understandings or written or oral agreements
between the parties with respect to the subject matter.
. No amendment, modification, or alteration of the terms of this
Agreement is binding unless writing, dated after the date of this
Agreement and executed by an individual authorized by each party
to enter in binding contacts.
7 t 6/23 fa Packet Pg.889
C.22.c
The provisions, terms, or ond.iti n of this agreement shall not b
construed as consent by DJJ or the County to be sued because of
this Agreement or the operation of juvenile justice facility.
6. The parties agree that, in the evert of conflicting interpretations of
the terms or a term of this gr eme t by or between any of them
the issue shall be submitted to mediation prior to the institution of
any other administrative or legal proceeding.
U
7. Sev rability. If any term, covenant, condition or provision of this �
Agreement (tar the application thereof to any circumstance or �
person) sball be declared, invalid or unenforceable to any extent by CO
a. court of competent jurisdiction, the remaining tames, covenants,
conditions and provisions of this Agreement, shall not be affected
thereby; and, each remaining terra, covenant, condition and
provision f this Agreement shall be va.lid and shall be enforceable
to the fullest extent permitted by law unless the enforcement of the
remaining tames, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent
f this Agreement. The parties agree to reform the Agreement to
replace striden provision with a valid provision that comes as 0
class as possibleto the intent of the stricken provision, E
0
8. Binding Effect,. The t , ovenant , ondition , and ro i i r of W
this Agreement shall bind, and inure to the benefit of theW
d DJJ and their respective legal representatives, car d
assigns.
... Adjudication of Disputes t or Disagreements. The parties agree that
all disputes d disagreements shall be attempted to be resolved
by meet and confer sessions between representatives of each of the y
parties. If no resolution can be agreed upon within 30 days after
the first meet and confer session, the issue or issues shall b
discussed at a public meeting of the oarwd of County
Commissioners. If the issue or issues are Mill not resolved to the
satisfaction of the parties, ten any party shall have the right to
seek such relief or remedy as may be provided by this Agreement
or by Florida law.
.10. oop ration. In the event any administrative or legal proceeding i
instituted against either party. relating to the formation, execution,
performance, or breach of this Agreement, the parties agree to
participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities
06/ 3f Packet Pg.890
C.22.c
related to the substance of this Agreement or provision of the
services under this r me t. The parties specifically agree that
no .rt to this Agreement shall be required to eater into any
arbitration roc din related to this Agreement.
ARTICLE VII - FUNDING AVAILABILIW
U
1. In the event funding for this agreement becomes unavailable, the
Department terminate the Contract upon no less than fifteen
15) days written notice to the County. The Department shall be
the final authority as to the availability of State funds.
Performancef the County is contingent upon receipt of annual
appropriations of its budget by, Monroe County.
0
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Remainder of page left blank intentionally
cv
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0 J 3 f 0 Packet Pg.891
IN WITNESS WHEREOF, the parties have caused this Agreement to
'be executed on the day and year first above written.
I
STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE
APPROVED:
0
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U)
Authoriyed Signature
Type/Print Signatory's Name
0
Tape/ :5
Print Title E
0
E
Type/Print Date
0
U)
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
CD
FLORIDA -2-0cl CD
C44
'a
C44
By: HAGE, CLERK
Mayor/Chair-Verson
E
_klerrra E. Nelson
Name of Signatory
Date: July 14, 2004
Depu Clerk
l
0 V
1ZM,1N11E , 111J ICJ
N
�-�NEY '10 06/23/ P
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Packet Pg.892
C.22.c
EXHIBIT A
TlC V lillalt, ti CIr rACTU'l'Y IN Mo"01" COUNTY
fr y �t p y p f@ y/ry�g f{{ / p[��
11a" t.`onstructio" gild �✓0..�S.l ..l
rrltal lc.:tvtla t}ac taata rrt`l 1urda, lcpayrt raCJarcelyarl JreementiN �r-faradsatatrt:d
tlac� �� mlroc' County `11a�r°ll`f s � �`���� �
("Mc so"), and Monroe ( `catrlaty
"°C.raaulCy" �, C1c�tla 1-�c�rd�rlr:<11 �arrl�dl�s`�rcara; �Ctltc �tratc ral �-Ic�rlclaa..
irf 11 .1 1"'AS,
t} 6 ala 01`Fltarldi, Departraaent nl, ltav rrtica Jr.r ticc
} ca
� :, c recce° lilt() tr lc r-Isc 'agrccnient w-tl) tile, County fo l- tjrc
r:aanMrtrc:tlma and operratlrrrr cal $aja�vcra lc �cr tics acilrt
Iar t aarllUIIL111a011t l�r7rra yi sald le asc lrad 1I°a
ratt'ached ra.11d mcarp r;atcd ltllira tlai ice tlrr gad, ra
I°; 1tiC cts A mid D resPccUvc;ly; mild,
111s;91 ,1b ' aJ,l �vlil cyrr tlac 1 irtit [°IcarOra (�v , t' ;F tcicS t
�cr (Ca
r tlela�ir�rr tca ilac lv nnroc ( olinty� E)C� craticara pFrac llty wand tlrc C'rlaarlt will
e
Wi 11"REAS, L)J,l mild CSO dcs
a la`c tc r liaal� rate ire the lraaaarlclra c
cr11 Cra�tttora (arid opc,r<-rtican crl0.tl,je juvcnile'Ustice f cill't.° lied
` '1Il t l°!AS, ')JJy t\'1C'S0, (arid the County desire try drtctrrairar: tlac:lr c
r °.Ca csCrvcf r �atrsl. iliii for rlafamtc�a°� jc(-, and repair, OF the Addition, klnd W
111�1 I: i tla Florida L cl;tsCsstarr as d tcrmlnc that lc ca(rr11 'a
1, l; and dcvr�1nl�taar�;rat ral`raccd�°d rcsidnliral' and dc[ ratlta pailitir�a� l�`car,.
arailc l-
c eta a rar, ca1`claca runders is critical to thc; Public 11 a1t.1a saficty and Wei fare lilac �caaaarrrunay and to the cC (-�cvtivc I-chabilltratic�aa caS la�vc rallc:
r1(`lcr)dur�s' died
aJl 11 l FA S, iC is irrap oa j arat t1a,jt 'auc}1 a c rlity frc lcr�.:liccf ire rarcrzr<.
cl4 s
ace the l,aar a tarallaaa�laitics Of the Children in order to r1 ;.��rc (1ac n,()st
efccclivu, r-ch abill( aticarr efrorts as well as the most iratcrasivc acl,st
sr�la rvi rcarr .a1ad c as rcaannl: rr7r nt; attcl I
l l llyl'l°;FOR l:, DJJ' Ivt{" t i dead ►11c Cotaa-aty Magi-ce try tlr� a,)llc��vira
terms rcg ar dirap tla� c rarastrtrctacan lied cr tr ata� �
tiro prrw^ trflc talr,Cicr tic rlity; l yeaf`t�ac additit�rl c:rrraCrairlira ;
Packet Pg.893
. .... C.22.c
I�TlCi . l 1It K/f
t The too, tarts aag;t'ucI1wM CA be
con;ere � taaa9 ea:t acCv mtac tcaa c t cv"ea � nrou ``awnty and DJJ (EXdlibita A <ajae.l D,)
lH tNaC c°vent that IJ.IJ 1101CIN over, in its tenancyr ar:N� Na,°z,ly sjr aN'I
Ia'i'7 Ahl I sN)e)ra,YiWC- for Coo Nl nce
� i l� tiaea tcar�aa� t�i't1aNt, ��;ra°e"ra�eJsrt.
N
DJJ Shall be respcarasii:rNc for construction or the Adchholl N.atnararat to plaans 'w"' .;ccilr,caticalas developed it, coordination with 1(:S`.�. �
?. I W shall he cr"aWcicre d die )w racr ra!`tlae, l rc ( Ir l)tr€ ea c .s eat .sll
e ]raga]k�t'llelCl t 6VLt'ac t a&l agree �
agreements ��r ktlj g cn r cIl e e7rktrac(ors, tare.: artc ct s,
"Wee" � 4rrasultt�rat car- other ggkssi rajNs -00
rccltkit�reJ for c�aastrt��ticrta crl,tNac
laavc:�arlc: .9ar=,l�c_:c: laacrlit �. �
0
In " uvc.' H "any Casc€% srac:ltatlira
N aga ic=r�, t, tr, a.a ler ear <ara e�tlac r c asuaalt that isaaae� t}aeyt�l�IajI�tl caI-„I)�1� ar�If , .
fey Ow. I mr cc:t (fiNrag� construction t(tat Oar a cs tlac rraje:e btrt e.Ie�cs �artat rceJ E
rc rae.Ie �ca�ral�le tCe ra Of tlac proj"cct irnIlFaCtical, DJJ shall rte i,. aIN f`rr ela, -a
rr crided tear matrnuation of constrt.re.taoaa taracl t`eraa rlaataora o9 tl preaJcct. �
I car I�urPO e�. Of(Ins ptar-aagraph, c��M Iction raf th project s}a�all be (,cecInc(j e
srtalamctw,a! if:
�r
r "c.° cast Ofcoknncd C tastr action i cV
t
irasur;allicc N�rcacceds and U)c rcrnain�r) C tastra�ctie�ra�l�u�clget�le�r <avaa%lal.alc
CN
la. :aitl "'WRY Amthe Icased site or tlac surrouraclikat° [and Suchthv' I)JJ el�la�rraarare.s the; le�c;raticrra is rrca longer suitaalale f0i. as jcavcraiNe �uatic°.c �
I�wiNity,
t III
tlr`' event that c:�rataaattatac�ta or ccaaal�lcliOD f ')c rt�Irue t �� rcarclrrc.rJ
�rrxlraac°taq„aa! event that
caaaaaltr irarlaaei�a ;, bill rant liraaitebc t lrr� laucrte:aaaca E
teatrarkcfrr or .any Other casualt, that is aatat the Gault of DJJ„ DJJ and MCSO) �
:JIIIll be Coraapolsatccl 110111 insurance mocceds in urraount, propc-alljoraa'icr try
their caaratribu(ion�3 to the I:rrojec[ budget.
"ge 2 or 12
Packet Pg.894
C.22.c
S f aacaa eta (;0mf)lct'oil of'the ))rDjcrtP f')JJ sl)z)ll not ` .�C;c,trl)ty, taf, tl)ca dkatc mid tfs))c t�f..t§�c serbstrrrrtit)1 rt.)r)) alctia) it , � � tr)cl tl)c
l C C and County Provi of tfre
ir) cc)r))p'l'ttion 0 "r)r�y� lsrtt.tl ptrrtch l s1s to be add giscc)mments for f�JJ's Coll sidcratl�)rt
sad l) tf)i rar) r
c rrlrtrct+ r prior c tc cptarl af
c of tlttw cornplrMt d pr cct. � l t f v1c;vcr f)JJ shall
not be c)l)di rre' cf rr c uircr t➢)c. ' crtcr rl ccarjtr�act r try make aEly a CI-,,tl0r)r; t'
COFrcchons 1)0( 11) complaar1c:c with le C r)strtsction plans c)r sped,f cia1 rC�C1.'b,
WJ Shall be rcSponsiblr Corcoord,m iort o gaff fan�rFjj�r"cquivccl u6tt.i r its constructi�r� contracts and tt j"b �
MCSO c rr)cr)ts, ] sl)t)lI prov ide Ca
rrr)tf cf)c county with a 1iSL c f'itc� that are covered ct b �v< t"r" r)4 &)
"MY r;cae)tr contractor, luJpar) nccupartcy by tlac C uQty� off"tl)e ec�
cic ril)ccl in Article 111 tl) ��aurrty� rid Floor,sl-rrall promptly notif` JJ of any
defects �
arr t))tttc �a al c,r. °gar .ra)artsl)ip that are covered under warranty frorra tf)c �
f °r r`tl contractor,
OCCUPANCY AND T-)Sp E
Hie Addalon Will be a tl)r-cc level facility., Use and occup,,tjcy caf
Cl, t^rC lu vlsl)all br fc)lf �ps: tlrc trcaurac pfaar sfrrtff Sara l.s. ("tbaparking,
)ra s)r)Z rrr-caperticd sCctared elevator and entrance to dic Additir�r� �r)rf �
alrrsctc�r l ' l)p tt for l)c pirst arld Second °loor-s, For purposes of this
"rl;rccrr)cr P the unsecured wren c)f"tlrcr C�rattrid plcrar shall be ccar).sidcrcd ) c
(`arr-amon Area for thosc; LisirrLl tile Acfd Go. `)
2, The Ffr.tt Flaar :shall be acct) pied b p
f We (4) bred residcr)trrtl jrr�cr)ilc tciiity. � residential�dautr die �lc �c io caf` fo)rty�-
contain both secure cict nt art f�)cs`fit r y' may
DJJ May contract Y tarrrf rr sidcrrti l �u1�crjilc f)res r-]rs, N
itk) a tfair-d party (Prrsvidcr) far MY or all operations sal" �
tl)c drAtcr)titara facility Or residential pry r)r�r. y� stash provider ;f) ill y
1rrcStHt))rrify ttr)ci !)crld llarrrilc.rs the County, Department ofJpvct) 1p Jua.
and SCy for arty tutlt.sracrs <')cts to �G' t),
1ta .28, laftari�l s `�tatrr��s )ail cC[S pul'Suar)t to the provisions ol'Sectic)r)
;tt4tac:lac:cl l xi)ibiS. yt and 1 �itf) insurance raquircrille )t;; Of�tbc �
l �)rWr) providers individual co r)tract ear)rl bt)blc )ss
Whetbcrr, if) privity Witfr DJJb tl-ac County or MC SO v�ilP s;t)e_cil�rull c r)t)i �
provisions fir proper Trade rr)r if c tfoi? rid hold harrt)lcs rm
r)ta rrtiartrcl, irrclucliraf rt urs)r-rcc re:uirtaments rioted in ExJa1b11,.s A and 11.
die The County will owrl t_laa Scccmd Floor. "l l)c Count),
rr
`>c:cr)nd floor frar r°)rryf l"wfi)1 o ernri)cr)t purj) se , f,rc:Itrdirl * itl(asc the
)rrut
Ta rrJ ynr12
Packet Pg.895
C.22.c
lartrrxraxcca, Ic �r°hartf tc Iar`ivralc rrrrrINrqlrt qc°ncis. IIc`avcr R12 t�`crcrrrt sr��
;re f is trr l � r°rt�it trsc Of d1c Second I°Ic, o in urty inmuner that caxtre rsc n Erlyry
rrrs r fcre itlt the O e.r'trtiny, of th ul"Cxrilejtrsticc: ffzcility, 4ltc (;rarr��t�.
rr trst r c-clxria c fxrry to tartt crl`tlrc '"Ond F"I(Mr 10 agree, tea irrdemiri f f (`S(I„ vrrttl 4It� ('tatrrrty, and ccaxajlaly with tltc° insuran c r�icfuir�rra�rrC
l�r�c°l,�rrrrrsl� cicacr`ilrec.l. fr�cicx�tnrf�catic�r�a a rr
ccm(,,nts gill not lac° FcicicrirCd rrl.
t�ra,s ri E€�,� rrc <xf c.t'a i crf ilr �trted Stsates (,)ISicrtc ��� f{lerr'i�[ �.
U
A Hy f. 7 ��I'zttr�r t�€ fee Le not M tarn rrrrrl t arty tC� this �Li_r r errr� trC �r�rr s
�
rrg�3rs c rrr yr Mint.; to a i )y its Or m}� :c , a a c)fr iti rl o any c�c�r1Ir,rct�rl�ti �
rr ulnc�rrt perrrrrtrifI8 u"c Ofthe Addition- i�y,tS, Or
5.
AlterANer o t.:trl} as y the COLMty ur MCSCO may raarrl r r�rrrr-strarc ttrr` xl
yy t tt'} SS ee [[II p p,,��^^�� ry pp V� gq x ry�r gt�k�c,p y¢ $(� p tq ry Second
,r�n y"1y Ip y/y Y x g�^p�ro
sk t ./5ri-rilrls, a�Jditrl ns, or injpovcr-jdlvf F4 M 1LJ 4d 3... k 4�41{ LY Yf�JV'i i3.i Lt..r
trrl��httir;�, ��rr°atf�r� rlt�tif.;c. ft� .I�,
0. l lrC C crtrrtty warran[s to l 110-
J tlrErt
I0Irrn t y„. at crwras la�yful title to [I)t Ic rrgPc°sP
1 . s considcra ion for Djj'= cOrast"Icti n of am AdItion 20
rc, raac°r�� t I)t:rsc crrrrrpltrtrr fir rliiy on tie ayirsi Floor, P :S
l� rll c� rrtritr�rt YI4lyrce �111(1 Onwhalf Million Dollars (SJ50 ,000JO r )
rflc: , crrrstrcrc.ticrr Of the cfclitrra. 7�I st t trvrt
all crrtrilttc trx I Tllirt l..fif Ixt
I Itrrrclrr cI l� irrcty' I'iP 'I`lrt7trsaratl I` trr Hundred Dollars {` e� fl{ . f c
tl,r l�rtrlc �t ,rrar( f rr vide all Cc`strtretican related servic s t rc,dr�,lt its.
��" �
cn�,rrreers, archit.ccts, aax Other
professionals,
CN
I'aynwv shall be rnadc: as fc)llc)w� 0)
;r. f 5 sl�alP rra rltcf 1'11O`tla1y Prr f;r s payment to lt= cc rrlrac:tcrr`
arrr[rl it lr<r< rrrrtl I ityhr y per-ccnr (80%) Of its IO(Ql cont.ribtrtir)rI of,
h
f 'vIxcn f)jJ S)' ' l)zrrrj (��'r`� of`its to"] � zrt€il�tatis�n �v1C 'S � f1�ali
Ireftirr afsysrr r9.S ton[ributio n to D.lj.
MCl So sltrtll PaY its Contribution in this manner
Packet Pg.896
C.22.c
r, Wheir a rC:c ucst t'Or ;, monthly prrg!ro.5!; lmyrn,cm i:Y
Sul7r,rrttcd by I:1II ': contractor, c0n'tiRlctio n manal;m @"car IJ.II and the
{ 'rrrrrrty ijirscli r`cvic ,v �[ rit l it SPect [Ile, work.
rr. WIIP-11 the construction managers dc:tcrrtliric that tlic; work
r4: ',rsf i�l'Ert'ldtryF rrrlci DJJ c1�t��ril�iilcs ti�s�t ��� r"rr�rtt �:� t�lr��,
j J under the con str•c,6irrrl
rsrrtraiC(, rt ' C) slr rli pay We mrZtllly licr^�;ss gaycllirtsr3lIct to ;rily tjrrli cScrc: to partial ( ayiirr�t 1� _) . .)
d rMCSO AN! transmit minds to DJJ clectronVaNy ory c we car.
slr' rlt, a l �i i [14�tI41Gt
�;. Aner NM(.,SO hay paid its°
P cOr"Itt"1:blitin, DJJ ,vi!l i'a}, t11c
FUN s'zdClstrE.� I ��� e�@ It: �t�rbtr ��l7t4�t� �jccor dijjp 10 tjl, t(U,t it or
Its
t curl ;.t€tic trc,n
A R 1.1 Cj jj, _ MAI NTENA�iNc:l j axIND O1'1.,RA }`1N(;
AINTAIN S I�I S l I �1vIIw T 1 .1J rirrsJ Cl�cr �'�rtrrstY
I}yr 1 f�Pjj 04ypyp ttt �7sr il�lc itar t11Cir Own ms��e(Alvc 0- cia[irrt', c�re,ts c�i`tllc I`rr`.; andrandc
WOW tYrs,
ryry W
�F
t 1`i'lt,i"1`l,sircl °' "Ier• and c.lc'tric service will lac: provide t c c:lr i1c)c11. c
rrlcicrc�d so-paratel v, DJJ and the Countyr ,�N?ill 1��y tllc it ow
�dre s =,c rvicc .jJ will pay tllc crest crf t� rl costs l�rr.
Al)pirlg into
1 rlc�t s °r line to t .�.
c.raal;,tr crc:tel. lIJwscS ilc [1itrrrty will 1irly aIticrr� the clp c°tr
N
i1(. tC"icr i�tst �11 �tir .
,l . `l' JIB MAINTENANCE,: DJJ and the CountY wiil pay cgwil C14
14
rt cif"laintaining clevalors installed in (l-rc W ciclitit)rl.
]RIZVICIj DI1 and the County will rest�c�r�sil�l� Cot.1 d r rrtoricrl service to ON floors,
5 (ji�� �tlx�al,I
kern1rng the �Iowking lit drSr� �v�aei n"�rri ,ys C T : W wiH be re d1���3�'4 ble f c)
s%ycpt. DJJ "will t) rc'sj onsi plc for et
ira,rrrrtc rr rricc; c)!•cclnme aticl asphalt surfersurfar
,cs, ia��lurlirt�� stril�irrf� 1�ar in
Was
We 5 rwt 12
Packet Pg.897
C.22.c
l 1 ! .l 1C l PA l W I NG: DJJ and the Cuurj€y Will lorry c'rpt[r.rl Sltatr'(-"s ()l-
tlr��; c.cr�lt�: crl`c;:�tcri��r yralt6r(rrr�; c��'(1��. .�cicli(i ��LL if OW CQUIll = l�ttljlic Wor1tN
l rl��ur`(rttcr[r( tOus (he parb"InI , f)J1 will Yeimbursc tlrct �;r�trtt(y OIIC-ljjll'r�rjq
ccrS(,
tc.
ifs l f.l lt. l'AWIII( DJJ sand tftcr county wth nc Cc,,
it„9c,rrr�a lr<�rr�tirt ° �@�(l�c�r � �' fl l�rrr �
I_ JTS rr.c jV. oora
u
sn ' ' 'lC 'SSIOi i
"pal :;kt.rr to
:rrrlr�(QY �sr�ifl lkasrr a ri
Ilse ca>r=,(r9 orm rrntarinin y the fire
t:,>irrtty t blic ti nrks tic r1tnr :rit PcrfcrrIIs tlac, trralrrtr:ra r$c 5 rcnrttrt�� 4rtro (hu County � ���- � rlfof (hc cos[, ad l
coo
w 'l 1,nf)j gill pay for rcIocauearr 0l`(dtc, Cxis[�rtl
vr.hVic gm, l)rs( (IA(� CO unty Shall be resPonsible for its future rt.aintt rr rttcn �'
f)JJ s'vilP lac rtr it t�ris;ilrly to "Ininlaining (lie any ricer fcncr'< Or _; s
ky I)J,l f3 tt a �r txtllc.c9
0
10, A CON 11t M. DOORS DJJ arici (1)c; �. cats �t c cc �1 rt.a 8ryartc:rrrs and do,,)rs oil their c
r� Et} ctss 11ecaa: .
0)
! f Vitt ,e DJJ and the Ckurr�y `will be rC';P ar��b]C Eery rrraintarin art; reryOU
1 �°�ra^,C, i;yss#t°s��t, it7staallrt{.�rz�il�fi�lr� rc{otA� c::tl�r� floors, °'
12. t,l.11 l It r "l'C. In l W
JJ Will install a 6 500 kW ciccatrir ��cr�e� ttc�r with
f trQrll lard c:citail- r l :a t t l c.1jr1it it to r-�rrt c a( I car ira lea y conJunctji ) itlt
NAC:SC ,v existing �;rwrrr.�;. or. DJJ wn 1 � �Yillbe respor)%
�i J)j C, foj
rtazt2t t tirriri a t1luir Ovvn gmeralom. Each ge
nerator
raatcsr may b used as at l:�ac rile �
t PC rs Cf)C (`car (lic.r arty" mCFJ_c;ncy rt:3�_.
Ch
I - TKLlTIj0vwj;S AND INTERNEI` ACCESS: DJJ will be xolctly
rc-slwrr 'tllc: f`csr° iclitr r
1 r€r f� tc•l l-)ltr)rtcr ScVvic c i3 id intr:rnct acccs5; fc I it; W .
] r : ROOF: f)JJ is rer,Po"[)]eb lor` the cc�:�ts of repair and r placc:prtc��t ` m
N`l;N£A N f. AND Ol' :R. '"l OJ. DJJ and MCSO sly•
ll not bc,
rt;°,POtra bIc for any crt:7(, rclate6 to tlIc: occu llIcy or eaclr r,C'c"p;tati c'��c�rr� t)
i .:r�trPr;lt tt`da ()jrr ra(or err Les:rcc W;th whom it has no Privj(y orc:ontrraca(. y
Packet Pg.898
l lai t Irtcrtr is [lot ieatcradcd 10 confer rit.;hts upara carry tlrircl It tt"[iC's ntrrcl ril l r k r,° (lsC 0mclit cal4l l l I t ` t)m and tltc County, is
l 1y.1 rand tlac t.'Otaraty are,t
l�cta eCs of tlic :Ji J[c; a1 l`Ct.arrda or
latr?r[ra;,l rrl)ali �tsrr,rr4s (lacyeOf, ;.ram dt�l�rled iti Section ` 68,M at�rta�,
t lrc l,<rrtrt lier"Lo agrCe [lea( " Ir Shall I)C rc'sPollsible ior ,my i111El tali
pp t y tl Hills,
t�ry, F y T-� y A'� (� and/or
p yg� p� v�
L.N4 ry y,�� yLi�tdi421,_.`b q�Y94 F43r FA� 4
CC ;/or c attsc k; Of dtctiora rising urIrat.; tlt�; a.�c tag �ri�ttar,s
1.c Ise, I'M rtrryr personal in"cry ] ;. °'
.t y, apt lire and/or darn a c tca proIacrty �
strstarirac C ira cat' tal3aut tlac lcascd Ira t r t by
rrc. [i ;� y rcasata or e a result of tlac
t t encu rar [aat-tuotas conduct a�i�[ljtrir p�r�tsx �r�t Itay�.c s, liar ta4ac�s �r�a:
irrv,tcc;s ors ncc rrartt�rtcr prt�vidad rrr sc;t,ttara �;��� , Floridatxttt�tcs (2 tlt)1
1�ca[Caistt�, lar<r�r:irr :}lt�xCl lac.: �;a��rtstrtrcd <rs
l ' 1 waiver i r) d f saverai ;r rrnarlti[ysaayParty LAS prov�dcd in cctaar 8.2t�c y
l lctricEda `�tattrtcs
�:; arrrc rack°a3 t"rcattr tiro c to [lIM, or arayf Wher law pravidirat!, liraai[ratitarls on
cl,t arcs arty sttclr Contract Provider, t esstte or table ss�c f �stlac:r l��rty�
c
lraall itrrl °rrrrtI Y curd laald C'a a�rrrlca s drew County, Dr pal-trricrtt crCJtrvcraile �
�tr ,ttr c_ tags l Mt.W for any [tar tta UN act, pur u art(. to €lac t� r
1ro ! >rc7ra t
�a rat �lr rCrlar tattrrcs tract cc inply Willi ally irastrrtiararc c
ra t aair rra rat p cat t°Alaitait A and 1 , lradcrraraiftcaCiaxl ra rccraac:rats ��rill zrat be
rc cltrrr�:d c i ttraaarats thaat are n cracks Of the Uraitcd States or , caste caf...I°'lrariclrr.
0
?. ]"trrtitr rra[ to its ahlitytr ions tra 1 xhilait A grad 1 slrtall l ractrr.c a
marrd rttnslrrt;tira stela tat frt'c and
cxtr�radcd risk insurance covc�ragu Or any
lrrrprcava.rrrc•rrt�,, or stmcttarc b 1cac.:ated On tlac full dditiota
t in araacrtrtzts lot Iris tlaatl
ltheirt;�t�r�ttblc� rr�placctr�r�rri v�tltrc of strcla iraapraar rtaart[s by lrrclaaarirr tattc
dc:livcr,1119 ttr the Divisiat1 of Risk a Managcm nt, eptrtrrcrt oc: ratl t c larida f�eastra rtt cw tisn=urance l ust f°undiartcdc Ov to a RcJtc:,t parrtaray
terra e rcr Barr 1 tafclay strtrcttar s. l c w r,
3 Marra Gormley s>lt�adl
ra irrslrtrr�c IyJJ ar tlac ;catttrt , ra.apear"arraate sharer of the prcr-Heller, bosond
rrrr cltr�arr: fro atarr�;a Oftlac second Poor, ulatata rcqucst from � JJ uni 9
{' lhcr V^�E>; ' C 4 s rt r"t Cl era "Y"Itri
between hetween the 1�att.res" Ljke viS , i!` r [ass ercctrr,.ti,
I � ,@r ell rrrrrrbursc the aauraty prc'alaortaararate ly lac its lass rc srr tlac laract;c.e.ts
err .accurdaarsce with the: hill Cs r}ft!'ac policy, E
"7r c;rrrr[t'trctat' dtrrrta
Constrixtion
mainwinlarri3dcrs ri Nl< irrst.rrarrc c and slta ll taarrau DJJ a ll'add tional i rsurc ". v ticrc
r t°rr[ "a ]csss raccur�s, slat.a Dij rwlr~c[ rlc�t to rebuild or rcl:aari�q DJJ wool [lacJ
r�ld
Paap,,c 7 cr[' 62
Packet Pg.899
C.22.c
he County prop rrtlona ely for- its lass `rortt the proc:ced, 11,
d1incc ltla the limits f liability in thebuitdcrs r sly policy,
/%I�]'I :I, E V11 -- USE OF COMMON AREAS
`l . l;l�,�vattnrs stabs parking rarcrrs w,th,n fenced perizrtter„ rtrrrrds
� i�l�irr l c cd Perimeter, aud Malkways shall colisti
1 i r�,dd t�atc tlrc Ccarr�1a1cr�r areas itio1 7l.,he ornmon Areas Oftl1c buildirr arc, For tl�r c Dlj. MC , and the C aunty„ a well its their f c crap r�apl .�'oc, irat of
r ats rand
invitecs Including ally Operator or Lessee of DJJ, M (), or the County, �
Any and all such persons shall use the common arm, in a
re4lsojmblc,nrderly„ and sanitary cror ireorp cooperation wihticir rf crs, allothcr OcUP,rotsa ndr�peyc�sg
a e'-its and Invitces. �
oc"PWIt will conduct it-self{jrrd mill case its officers,
("P)OYCcS, ageriLs, nrtcl arry tccs to conduct themselves v„�itl full regard l"car
the rights, c onvenience, and welfare of all other occupants In the f;hcdlty.
No Operators rtrars or Lessecs will p rn)it any mechanic's lei 4 r' lac liens to lac
pl�lced on the Property or r-, im _cements raaMechanic'sCD
filed, it shall be the sale rsl-res hility Of tile Cpertatorl�rl���sc� r lllcrr is �
Eicr to filed to discharge the lien rar e to hold harmless ss and defend Yng the
I , aid the C c a racy af;air1st n," rcernerit of such lien. Provisre ccrarrx tame riot being -subject to li i � s
cns sa
Placed in every contract,
lease or sublelse that DJJ, MCSO, all the caaar t has With strclr provider,
operator, lessee, or scrbl sse,e- Dij, M q the County and their per tors,
or Lessees sl�all eve ctac,e� tc� al
l contractors before making improvements
on the Properly c Fth,
is provisrori a fthis agreement,
txrcrtt.
lea€}Frrrcnt by tvlt C s share Of constnrction budget
If PAC SO Caalls to pay its agreed share toward the consh-uctiran of the �
juvenile ltEsttce fala ilsty, 1 J5 may
juslice facility of' ����prt d�si tr pursuant with
s lease with tile f �jraverlile.
["al tinIC, ally amendment. ir7 existence to tl1e around lease b t c;e nty, t
the County whiclIi allows owner hip or use by the trtrrll.y Of the scored floor
Packet Pg.900
C.22.c
ol`tlrc Arlditiorr Will be Considered null and void unless sC�rfecl ot13r revise in
riting ir)P I�JJ.
2, OpcNition ofjuvenile Justice facHity
rt �s trndcr;stoc)d it is D.JYs interit to opera(t a I _I:)c.c9 elctorrtiorr rrrrcl 0..
lac r rc sCfrktil pro ra
f�e rn at tltc Site irr accordance with the te' 1rrs rrrref
r nrJrtIons of tile, o l/�Fl rant. Should DJJ be unable to oper��tc tllc facilit
for a pel locf irr � ��� �t}rrr oars
DJJ will �rllo�v tl,rc Count to utilize the y
facility cfrrrir�r tine criod of non-use
and ca bons if any, fthe � � �3 Ji t Programs,It D.311
rMs 1i� r �trictitan1 wil �
to sl7arrw in routine maintenance and re it costs durit� tl�� Periodlol rtc�n��� �
rrse, lmtrrtlrerr�carc, tits otrrIiy agrees tea... Pcrrrr tyre f"agility I�ael�. over to fJJ
upon °arrl`lIcIc"t written notice that DJJ intends to resrrrne operatiora attires
3.
01ircr obligations Linder this gr enicrit
0
r. If I JJ4 the Cotintyk or MCS fail to laerfr rrrr rr otircr
ral C€i r=iorr l tlres Agree, then rc party to �vlrorrr the cabIit�aticrn was
oWedrrrrry ��"+tvttlk rt 3C'
I y ponsitalc for the Obligation '~ rittcn node e. ItLLt}te
party to whom the notice is directed fails to crarc: its non-pertoar'trj�rrjc(c ��rr'ririrr �
(its days s <rticr notice was seat„ the Pa_FtY to shorn the obligation war A
r�r r
iae:r�fnrrrr the obligation at e�)(porrso of`tl)es offorrefira� Marty.. s ca��neJ �
- The requircrricnts of 60 days written notice do W
rrorr lac rf rarx axrce r creates s are irrrrrirertt rJrtr to the srrc ty of Persons or
erg
prr } erty. fry t c::sc Cases' Ole li t to whOrn the obligation is owe is
re tare l to give strc r rtcrticcR,s is Possible under the irctrrnstan s s, r cf the
Partyresponsible for tfrc ralaliatiorr mall rr irrlatrr.se tlr r rrsonlaelortsesCN
!`crating the Problem. W
rn
1 .
All notice, rcritrired under tilis agreement must be Provided by E
redrti fied or, re irsc,r�eri rrtad, addre se(f to the proper party at file fc)Ilowln
rrclrlre<ss: �
Packet Pg.901
C.22.c
I"Or DJJ: Kenneth Pvlostyrr, Construction PrOJ'cct Aa:ftaatrrus
Department Of Juvenile Justice tt atoa
2737 CeMerview Driv(c
Ttca ah: _�c , S lot t da 3 23 99-31 _
For f`�iclrrard D. PkoI11, S h C r Iff 0 f j�ra�
car~ C�crtra�ty
Mionroe County sheriff'a Office
'c Road
Key West, Florida 33040
r drc County:Jrrs �
Roberts, COLIMY Adrninistrato,,
Public Sey-vice Buildin,
C-'011cge Road
)'ey 'r:st, Norlda 33040
' 11 frarlies 10 this
e tent that dais �� p ��r er�errt z"re 0vCmmentrai rr encica=a. `o tlac° c
,reernent rt'ay C tend ,'st the tears ofof-fr�c r�fraray=
"Idividual seated ral)Ovcp tt st)ail rlOt be nece.ssar ficr are 'Ar-t T
c tlaerf c1a ara y 1 trr notify tine G fn arras fcrr :ara r ffxci l l � c al order for this r f;rec.taaent
tc� be r�°lrf�arc�:�at�te.
CD
1 `I'1 i? 1"I- RPRZTATTON OF AGfEf ME 'f.
1
f'lais Agreenjent s]rraf� bo r f k f andConstrued t r c c t.frc. f {
Florida, Vcnaae �lrtall in t1�e cc.�nc� Judicial Circuit in Sara s of .�.
County, d for Leon
N
2.
If any one or more of tire rovaitrrrs of this r"mcrtt are C`or-
reasc)rr lac1d try e inV alid, i3,le a�' or unenf rceab in any respect,ct& the
rtaa £rlidity, illegality r trnenf6rc-caabflity will not affect y
dais rr r rrr rat, wllictx sh all be construed rrs if it had riot r�Ir�cfer�t�rr��rision of`
illegal car a.nc;rifcrrcc able rc isican. ill invrrl c.l,
This APreement cons tilt entire agreement f the sf�rrrtirs �aaad' �
ar �rsecfr: rara��Prior ur�E;r�r.�;f�ndirrs � wriflera or c�rrrl r� rrw:rrrncrnts
thepanics with rr:sPect to t it Subject.�a��j, ct matter.
1\10 amendrTlent, modification or taEt�
Agr-Ocrnen as bindin trrfles in writin } r t n 'tlte terrraa f clans
f.,, dated subsequent to the d atc r.�l`tlais
10 to l' 12
Packet Pg.902
C.22.c
f_;rccrrrcrrt and executed by an irr�l aaar�t:°ra�idu�ai ��t�ii� ri�ecl a�:lr ���
itrttr try ita contracts, � enter
l lay provisions, terms or condition of t1tis
crtrstru l consent y DJ', S p car tlae County to be surwclabecall ��ruts��a [11,
,rc�.kilt car the cperratr�an of a Juvenile is
hcr�c;]rr. J erailr Justrcc facility ras an(icip ate'd
ARTICLE X11 IMISCELLANE01JS PROVISIONS
The State f l"larida's prforrraance and rabliati0ra tta pay tinder this
")r`tr-act is contin8ent upon an annual ppr-opriation
by the Lek iilaatcirc ,is �
.TceiFICarlly Outlined in Section 2S-5,2502, Florida Statute�, Performance a
N''tt-'S , Other than contrifauttons to the co nstruction bu ,
up rr receipt o annual ataf �e1"atiOn of its budget by the Cour)tyct, is ���tir�t prat
fir to fisiOrts of this ag
,reement regarding Mardin J `s responsiLaility fcrr
r=crwastruct[ rr are sulaject to DID rece.i,vin p
tlaca l c g isl'atarrc;. frr the erg rat the Le Y,s laaad budgetary sperrdirr authority from c
ltrr is rjclIng authority in excess c iCs lratcrrd �ure doe rapt ataprov l�l f ws r equc:st
con.trPibuticr, to thy:
CorIstructicarr of t.lac juver,Oc jUstice fac:ilit f
y C SC r sel`vc the right c
to arrrcrzct Clris artwrtacrat to pro�ride for an alternate rrat.f�rta�l a� rtrrarr #�
cc�rastr-rrcticara without aalteri any deer Provisions f`this agreement f�� f for �
tee tlac accuMMC and use of tileurelated
} erailustice f,cility. c
3.
Before tla juvenile justice facility is ready for Occrapaaacy, 1�� and
.�.
5 Will work together t sccur food ser- c � laundry, rtrad medical dcratal pare for rctaiderrts of tlaeyJravrail �pu�trce facilityi coordination �°
and 04
N4C5 "� Bureau fCorrect-ons and tine vendor a ctarr�ratiy Provide r[lr
services. �`l�c bjertia� of this effort is t �~rcIar �r �rrt aims arrr� e. fiaer�
la e :such
del 04
' r�y" Of ser-vices. Neither, 1` :S nor tfac County has any Financial
t
0111ig,aatiora by reason of tfa°ss srvcti�r�r. It ir`raprascs era 5 Only an Mali �
to laatrtit ipate irr negotiations ation pith Current grad firtart~ vendors and to f at ion
€Wrrrarrfirsatc tile del
them rvr
of any such services provided by S or ira
ftrtt.rr�. f.�.l.l si�aall reiraa�arare Zvi ';
reasonable ust f`p tarty services E
r.cavidecl ley ff_�S to tile�r residents ftlac�uerailcjtrstic� �tciM
y.
fttenrarrdc:rraftaagc �r;@crrtian�i8yf l�lara�-s ¢,rr,rttrrtr wat,c fcpiltrP
t;" tc1t of' 1
Packet Pg.903
IN kVITNFSS W1IEREo F, 01c pjrttes Er vc catrs tlsr h 3ra rarta akt ��� 1 .
r`xt rst �[ ark 111u day uk O Yom rkrs above l'kttu.
shcriff Richard 1). Rob
('t)unly of Monroe I u
kcfo rc me, flit undersigned author'( Xisrrnall -r r care(! lillerkf'f'f(ir.:bal,rl D3
Voila, to a g c r stn°slly k(lown and acknowledged that he signed the furcl,a�ek�t lr�c filar
(rkkrl�atrN rc.rrk�r (,Xlr ,.s`e 1. 0)
ca
AN Ate Y"Tt n A Rt$tty, _
s`y l'ar0� is tatc srj 1."lrrriclra� _ MY 1, 110N I- ��a r
I'll 11 O V 1, 11:
ctla rk��ccl kl, ,aturu
c
E
d yTcl'r rkrt `ri,rsa[ ry' Name
0
1 y17e.Pril'a l ktl w
6 ypc1'l'ririt Date �
Name of s.gnalory
._
cloudy Cluk
Apr'l tn',rtD AS r FORS
At
G .541E r" � 111
r
SERI
Packet Pg.904
C.22.c
SCOPE OF WORK
DEPARTMENT Or JUVENILE JUSTICE DETENTION CE NTER
5503 COLLEGE ROAD, KEY WEST, FLORIDA
PREVENTATIVE MAIN"I'l, A CE/R EPA Its COMPONENTS ENT
U
]- HEATING, VENTILATION AND AIR CONDITIONING `r'S"I'EMS �
° j Ctrillc r sIXLrC�Qcalec ; daily, monthly, cltrar eerily or gnrEri
preventative maintenance activities shall include, the
following:
T) Inspect unit for proper oper"raftiori., excessive n isi or
vibration
2) Run systern diagnostics
tip) Check oil level and rail temperature;atur e; add oil <-r_s
necessary
4) Check refrigerant pressures; add as necessar-y
Check contactors, sensors and n- echanical safety �
lira is
6) Perfor-rxr spect:r ochcmic rl analysis of compressor essor oil
0
7) Check electrical wiring and connections; tighten loose �
connections U)
) Inspect cooler and condensers tubes for leaks
Check evaporator and condenser for corrosion
10) Clean chiller and surrounding area.
lip err I.lancll,in lJrarttsQuarterly or annual preventative
maintenance activities shall include the following: �
1) Check controls and unit for proper operation,
Inspect for unusual noise or vibration
Clem coils, evapo atol" drain pari, bl wff, runt or" and
condensate clan piping, as required E
41..E Lubricate shalt and Motor bearir-rgs
a 5) Check belts for wears proper terrsiorr,, and alrgrarraerat;
adjust as necessary
6) Inspect exterior piling and valves fear je �s- tighten
connections as required
71 Check operation and clean dampers and louvers;
lLlbricate all pivot points and link i e
1. 06/(.)t"o Packet Pg.905