2nd Amendment 03/17/2021 •
Kevin Madok, CPA
' .. ;,:: Clerk of the Circuit Court&Comptroller—Monroe County,Florida
DATE: March 30,2021
TO: Alice Steryou
Contract Monitor
FROM: Pamela G. Flanc. &(1.C.
SUBJECP: March 17'BOCC Meeting
Attached is an electronic copy of the following item, executed on behalf of Monroe
County,for your handling:
C22 2nd Memorandum of Understanding between die Board,the Monroe County
Sheriffs Office (MCSO), and the Department of JuvenileJustice (DU) 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 he Juvenile Justice Facility at 5503 College Road Key West,Florida 33040.
Once the state has signed the agreement please forward a copy to this office for the record.
Should you have any questions please feel free to contact me at(305) 292-3550.
GC6f1OM@CD
]a .
cc: Facilities Supervisor
County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Hata 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
SECOND MEMORANDUM OF UNDERSTANDING
BETWEEN MONROE COUNTY
THE DEPARTMENT OF JUVENILE JUSTICE
... ........_........._
AND
MONROE COUNTY SHERIFF'S OFFICE
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.
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
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
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
maintenance and repair of the Facility; and
WHEREAS, under said 2001. Agreement, DJJ was to own the first floor of the two-story
addition and the County was to own the second floor of the addition; and
WHEREAS, the 200t Agreement further set forth the provisions for payment of the
consideration by the various parties for construction of the building and the maintenance and
operating costs; and
1
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"), which incorporated the 2001.
Agreement within the Maintenance Agreement; and
WHEREAS, the Maintenance Agreement set forth provisions for the maintenance and
repair of the first floor of the juvenile Justice Facility-which was to be owned and operated by DJJ;
and
WHEREAS, on November 22, 2016, the County, DJJ, and MCSO entered into a
Memorand urn of Understanding("MOU") for MCS 0 to occupy and use certain DJJ office space
on the first floor of the Aiyenilc Justice Facility located at 5503 College Road for the MC SO
Property and Evidence Division to relocate to that building; and
WHEREAS,the MCCU set forth provisions for use ofthe first floor space and which parties
would provide certain services and bear the costs of sa-me such as the construction, maintenance,
repair,janitofial, and utilities for the designated space as set,forth in the MOU; and
WHEREAS, the MCSO Property and Evidence Division has been operating in Me first
-floor space for over a year now and the parties desire to atnend its previous agreements as to the
division of costs t10 better reflect a proper allocation of the costs as, compared,to the use by each
particular party; and.
WHEREAS,the Parties desire to reallocate certain costs nand 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
WHERE AS, ccrtair, provisions of the ori-7nal Maintenance ',.grccrncnt shaft also be
amended to reflect current provisions pursuant to Federal, Stag;, Monroz-,- County, and local
statutes, ordinances and other laws; and
WHEREAS, this 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 1, Term,
Paragraph 2, of said Agxe-ement;
NOW,THEREFORE,in consideration of the-mutual,benefits set forth herein,the parties
agree as follows:
I Recitals. The above recitations are true and. correct and are incorporated herein
and made a part hereof.
2
2. Term. I'lic term of this agreement shall be concurrent with the terra of the
Maintenance Agreement and the 2001 Constluction and Occupancy Agreement incorporated
thereto as Exhibit A, and thus shall terminate at midnight on June 28, 2049.
3. Premises. County, DJJ, and MCSO shall continue to utilize the assigned floor
areas as previously agreed and currently occupied in the Juvenile Justice Facility.
48 Maintenag e,_.Rq�air. Utilities, and Janitorial.., V ens q,_ The Maintenance
— q
Agreement provides in Article 11, Consideration, Paragraph 2, that DJJ's shared cost for
maintaining certain operating systerns may be adjusted ftom time to time. Due to recent
reallocations of space in the Juvwile Justice Facility, the Parties now desire to amend the
apportionment of cost sharing for certain systems or maintenance and repair, The Parties agree
to wnend the previous cost sharing, whether stated in the 2001 Agreement, Maintenance
Agreement, or MOU., as follows:
(a) County shall beat all costs for maintenance, repair, and operation of the Elevators
located in said Juvenile Justice Facility.
(b) County shall pay a 2/3 share and DJJ shall pay the remaining 1/3 share of all costs
for maintaining, repairing, and operating the Fire Suppression System, which shall
include the Fire Sp6nldcr Testing and Certification-
(c) County shall pay a 2/3 share and DJJ shall pay the remaining 1/3 share of all costs
for maintaining, repairing, and operating the Building Automation Systems and
Fire Aiarm. System,which shall include any testing of each.
(d) County shall pay a 2/3 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 a.back-up generator for other party's emergency use,
(e) County, DJJ, and MCSO agree to maintain payment for all other Maintenance,
repair, and operation costs as currently borne by the parties pursuant to either the
2001 Agreement, Maintenance Agreement. or MOU,unless amended herein.
5. Waiver of Costs. The County has not invoiced DJJ, pursuant to the Nlaintenance
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 costs and
expenses asset forth herei.n. Upon execution and approval of this Agreement by all Parties,County
shall.henceforth reinstate compilation of all costs and expenses for the quarter beginning January
1, 2021, and going fonvard, and. invoice such shared costs to DJJ and/or ]%4CSO on a quarterly
basis as provided in the Maintenance Agreement.
6. Article VI, Other Obligation Undc this Ngreement, Paragraph 5,
Nondisorimination, of the Maintenance Agreement, shall be amended to provide the most current
3
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
by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any ftnther action on the part
of any party, effective the date of the court order. The parties agree to
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
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 §§ 61.01-6107), which prohibits discriiinii nation on the basis of age; 5)
The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
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 290ec-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 11, which prohibits discrimination on the
basis of race, color, sex, religion, national origin, ancestry, sexual
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.
4
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.,reement. This Second Memorandum of Agreement constitutes the entire
agreement of the Parties and supersedes any prior understandings or oral or written agreements
between the Parties with respect to the subject matter herein.
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 fall force and effect,unless amended herein.
[REMAINDER OF PAGE-INTENTIONALLY LEFT BLANIq
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IN WITNESS WHEREOF,the parties have hereto caused this Agreement to he executed
on the day and year first above written.
STATE OF FLORIDA,
/WI/TNESSES: yn� I/ DEFT.OF JUVENILE�JUSSTICE"�/�/ , i
I/004..5E / • V By: IN '��//G/
SSS gnature t , 1 Authorized Signature "
Printed Name: Vt nCen/ VIIM'(O Printed Name: VnJ I In I- /JUJS e- (
i��/f�rr �
Title: P._Oy1aoc.i I ,',C_40✓'
Sign:
Printed Name'. G*c—a7t 7-R /tJ[;,Cpi--
6
41
F511.( BOARD OF COUNTY COMMISSIONERS
q .g7✓3'1'51: KEVIN MADOK, CLERK OF MONROE COUNTY,FLORIDA
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•
As Deputy Clerk Mayor/Chairperson
MONROE COUNTY ATfORNGY9 ORICE _
�Y�ppT�"y iste, eaT
ph 4/eryLU/1TfOWlEV ^r- A CIP
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h 1 I NESSES: MONROE COl<Yt�Eld l'i•SfWFFICE= A
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Signature \ Sheriff Richard A.Ramsay" i
Print;:name.m .,1 It. ator
I .d:MROE COUNTY SHERIFF'S OFRCE
% r'.If A; % n.N : • APPROrb A' TO FORM:
J fpri tur,
Pnted Name: , /„/', :!! J. ;, ____
tinted Nt•f>rK.K J.McCULLAH
GENERN 0Y.M-if:
6 DATE: ___ _. - ' .