12. 05/01/2021 to 04/30/2022 ., °w Kevin Madok, CPA
,_.;';-fir Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: April 23, 2021
TO: Alice Stcryou
Contract Monitor
FROM: Pamela G. Natico95!hD.C.
SUBJECT: April 21" 13OCC Meeting
Attached is an electronic copy of each of die Billowing items for your handling:
Cl [Lase Agreement with the Stale of Florida, Department of Health, Monroe County
Health Department to provide continued office space at the Gam Building, 1100 Simonton Street,
Key West, Florida.The County leases the space to the Health Department at no costs for the. year.
C2 Ixase Agreement with the State of Florida, Department of Health, Monroe County
Health Department to provide continued office space at tie Roth Building, 50 High Point Road,
Tavenhier, Florida.The County leases die space to die Health Department at no costs for the year.
CI Lease Agreement with the State of Florida, Department of Health, Monroe County
Health Department to proh5de continued ollice space at the Ruth bins Center, 3333 Overseas
Highway, Marathon, Florida.The County leases this space to die Health Department at no charge
for die year.
Should you have any questions please feel free to contact the at (305) 292-3550.
cc: Facilities Supervisor
County Atoniey
Finance
File
KEY WEST MARATHON PLANTATION KEY PWROTH 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
LEASE AGREEMENT
GATO BUILDING
This Agreement is made and entered into this 21st day of April, 2021, by
MONROE COUNTY, a political subdivision of the State of Florida, whose address is
1100 Simonton Street, Key West, Florida 33040, ("COUNTY" or the "LESSOR"), and
STATE OF FLORIDA, DEPARTMENT OF HEALTH, MONROE COUNTY HEALTH
DEPARTMENT ('TENANT" or the "LESSEE"), a non-profit corporation incorporated in
the State of Florida, whose address is 1100 Simonton Street, Key West, Florida
33040.
WHEREAS, the COUNTY leases premises to other governmental agencies
and not-for-profit organizations serving the County community; and
WHEREAS, the State of Florida, Department of Health, Monroe County
Health Department has requested use of County office space; and
WHEREAS, the State of Florida, Department of Health, Monroe County
Health Department provides essential services to the citizens of Monroe County,
and works to improve the health of the public through preparedness, education,
prevention, the delivery of clinical services, and by conducting environmental
inspection and testing programs; and
WHEREAS, the COUNTY owns an office building known as the Gato Building
at 1100 Simonton Street, Key West, Florida; and
WHEREAS, the Gato Building has a number of vacant offices due to the
reduction of the County workforce; and
WHEREAS, the COUNTY has determined that is in the best interests of
Monroe County to lease unused office space at the Gato Building;
NOW, THEREFORE, IN CONSIDERATION of the promises contained herein the
parties agree to the following:
1. PROPERTY. The COUNTY leases to the LESSEE 10,115 square feet of office
space, storage, and common area in the Gato Building, which is shown on Exhibit
"A" and Exhibit "B" hereafter identified as the 'Premises." Exhibit "A"-First Floor
Gato, Exhibit "A"-Second Floor Gato, and Exhibit "B"-Rooms with square footage,
are attached hereto and made a part of this Agreement.
2. TERM. The term of this Agreement is for a period of one (1) year beginning
May 1, 2021, and terminating on April 30, 2022.
3. USE AND CONDITIONS. The premises shall be used solely for the
purposes of delivering State of Florida, Department of Health, Monroe County
Health Department services, including public health related education, chronic
disease prevention, preparation for emergencies affecting public health,
maintenance of vital statistics information and certifications, administrative support,
delivery of clinical services, and environmental testing and inspection programs. If
the Premises are used for any other purpose, the COUNTY shall have the option of
immediately terminating this Agreement. LESSEE shall not permit any use of the
Premises in any manner that would obstruct or interfere with any COUNTY functions
and duties.
The LESSEE will further use and occupy said Premises in a careful and proper
manner, and not commit any waste thereon. LESSEE will not cause, or allow to be
caused, any nuisance or objectionable activity of any nature on the Premises. Any
activities in any way involving hazardous materials or substances of any kind
whatsoever, either as those terms may be defined under any State or Federal laws
or regulations or as those terms are understood in common usage, are specifically
prohibited. The LESSEE will not use or occupy said Premises for any unlawful
purpose and will, at LESSEE's sole cost and expense, conform to and obey any
present or future ordinance and/or rules, regulations, requirements and orders of
governmental authorities or agencies respecting the use and occupation of said
Premises. These covenants of the LESSEE shall also be binding on the use of the
Premises by personnel, volunteers, or clients of LESSEE in accessing any common
areas of the Gato Building.
4. RENT. For the use of the Premises, the LESSEE must pay the COUNTY the
sum of $-0- per year, for 10,115 square feet of office space at $-0- per square
foot, which rental sum is due in monthly installments of $-0-. The COUNTY will
invoice the LESSEE each month and these twelve (12) monthly payments shall be
remitted to Monroe County Clerk's Office, 500 Whitehead Street, Key West, FL
33040. If a warrant in payment of an invoice is not issued within forty (40) days
after receipt of the invoice and receipt, inspection, and approval of the goods and
services, the LESSEE shall pay to the LESSOR, in addition to the amount of the
invoice, interest at a rate established pursuant to Florida Statutes, Section 55.03(1)
on the unpaid balance from the expiration of such forty (40) day period until such
time as the warrant is issued to the LESSOR.
a) Additional consideration from each party:
Electricity, office maintenance, office cleaning, and local phone calls will be
provided by LESSOR at no additional cost to LESSEE, unless the occupation of the
Premises has a significant impact on any of such costs to LESSOR, in which case
the parties will either renegotiate the consideration or mutually terminate this
agreement. LESSEE shall be entitled to use the common areas of the Gato
Building, such as bathrooms, lobby, and other common areas incidental to the
purpose of their occupancy of the Premises, including use of conference rooms.
5. TAXES. The LESSEE must pay all taxes and assessments, including any
sales or use tax, levied by any government agency with respect to the LESSEE's
operations on the Premises. If at any time after any tax or assessment has become
due or payable, the LESSEE, or its legal representative, neglects to pay the tax or
assessment, LESSOR shall be entitled to pay the tax or assessment at any time
after that and the amount paid by LESSOR shall be deemed to be additional rent for
the leased Premises, due and payable by the LESSEE.
6. INSURANCE. The Department of Health, State of Florida, provides General
Liability Coverage for Monroe County Health Department Operations through the
Division of Risk Management and the State Risk Management Trust Fund. Florida
Statutes, Chapter 284 and Section 768.28(16) authorize the State to administer a
self-insurance program and Florida Statutes, Section 768.28(5) currently sets the
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general liability coverage limits as follows: $200,000 each person; $300,000 each
occurrence.
Lessee and/or State of Florida, Department of Health shall reimburse Lessor
for its pro rata share of insurance costs for certain vehicles owned by the County,
but fully utilized by Lessee in its operations, and its proportionate share of building
insurances as set forth in the Contract between Monroe County Board of County
Commissioners and State of Florida Department of Health for Operation of the
Monroe County Health Department Contract Year 2020-2021 ('Core Contract"), as
more specifically set forth in Addendum I to the Core Contract.
7. CONDITION OF PREMISES. The LESSEE must keep the Premises in good
order and condition. The LESSEE must promptly repair damage to the Premises.
At the end of the term of this Agreement, the LESSEE must surrender the Premises
to the COUNTY in the same good order and condition as the Premises were on the
commencement of the term, normal wear and tear excepted. The LESSEE is solely
responsible for any improvements to land and appurtenances placed on the
Premises.
8. IMPROVEMENTS. No structure or improvements of any kind shall be placed
upon the land without prior approval in writing by the County Administrator, a
building permit issued by the COUNTY and any other agency, federal or state, as
required by law. Any such structure or improvements shall be constructed in a
good and workmanlike manner at LESSEE's sole cost and expense. Subject to any
landlord's lien, any structures or improvements constructed by LESSEE shall be
removed by the LESSEE at LESSEE's sole cost and expense, by midnight on the day
of termination of this Agreement or extension hereof, and the land restored as
nearly as practical to its condition at the time this agreement is executed unless the
Board of County Commissioners accepts in writing delivery of the Premises together
with any structures or improvements constructed by LESSEE. Portable or temporary
advertising signs are prohibited.
LESSEE shall perform, at the sole expense of LESSEE, all work required in
the preparation of the property or premises hereby leased for occupancy by
LESSEE; and LESSEE does hereby accept the leased property or premises as now
being in fit and tenantable condition for all purposes of LESSEE.
COUNTY reserves the right to inspect the leased area and to require
whatever adjustment to structures or improvements as COUNTY, in its sole
discretion, deems necessary. Any adjustments shall be done at LESSEE's sole costs
and expense. Any building permits sought by LESSEE shall be subject to permit
fees at LESSEE's sole cost and expense.
9. INDEM'NIFICATIONIHOLD HARMLESS. The parties to this Lease
Agreement stipulate that each is a state governmental agency as defined by Florida
Statutes and represents to the other that it has purchased suitable Commercial
General Liability, Business Automobile Liability, and Workers' Compensation
insurance, or is self-insured, in amounts adequate to respond to any and all claims
within the limitations of Sections 768.28 and 440, Florida Statutes, arising out of
the activities governed by this Lease Agreement.
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As between the governmental entity parties to this Lease Agreement, each party is
responsible for any negligent acts or omissions on the part of its own employees,
agents, contractors, and subcontractors and shall defend, indemnify and hold the
other governmental entity party harmless from claims arising out of such negligent
acts or omissions, and agrees to be liable to the statutory limits for any damages
proximately caused by said acts or omissions, or intentional tortious acts.
The governmental entity parties to this agreement stipulate that the agreement
does not contain any provision that requires one party to indemnify or insure the
other party for the other party's negligence or to assume any liability for the other
party's negligence. The governmental entities are prohibited from entering into
agreements to indemnify another agency or subdivision of the state for the other
entity's negligence or to assume any liability for the other entity's negligence.
Nothing contained in this Section shall be construed to be a waiver by either party
of any protections under sovereign immunity, Section 768.28 Florida Statutes, or
any other similar provision of law. Nothing contained herein shall be construed to
be a consent by either party to be sued by third parties or to be liable to third
parties in any matter arising out of this or any other Agreement.
The COUNTY and the other governmental agency do not get named as an additional
insured on each other's policies.
10. NON-DISCRIMINATION. LESSOR and LESSEE 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 Lease Agreement automatically terminates without any further action on the
part of any party, effective the date of the court order. LESSOR and LESSEE 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 prohibits 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 ss. 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 s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101- 6107) which prohibits discrimination 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, ss. 523 and 527 (42 USC ss. 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 may be amended from time to
time, relating to nondiscrimination 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 orientation, gender identity or
expression, familial status or age; 11) Any other nondiscrimination provisions in
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any Federal or State statutes which may apply to the parties to, or the subject
matter of, this Lease Agreement.
11. TERMINATION This Agreement may be terminated with cause at the
discretion of the COUNTY in the following circumstances:
a) Lessee fails to pay the rent when due;
b) Lessee fails to obtain the insurance required under this Lease or allows
the required insurance coverage to lapse or fall below the minimum
required; or
c) Lessee otherwise breaches the terms of this Lease.
Unless the COUNTY has accepted in writing a delay in performance of duties, the
failure to perform said duties shall constitute a default under the terms of this
agreement. In the case of default/breach, the COUNTY shall first give LESSEE a
written notification stating the default/breach and that Lessee has ten (10) days to
correct the default/breach. If the Lessee has not commenced correction of the
default/breach at the end of the ten (10) days, then the COUNTY may terminate
the Lease in its discretion. If it shall be necessary to employ the services of an
attorney in order to enforce its rights under this Agreement, the COUNTY shall be
entitled to reasonable attorney's fees. Waiver of a default in any particular month
shall not bind the COUNTY to forego the provisions of this paragraph and any
subsequent default shall be grounds for termination. The COUNTY may in its
discretion treat the LESSEE in default and terminate this Agreement immediately,
without prior notice, upon failure of LESSEE to comply with any provision of this
Agreement. LESSEE may terminate this Agreement upon giving thirty (30) days'
prior written notice to COUNTY.
COUNTY may terminate this Agreement without cause by providing Lessee
with written notice of termination at least sixty (60) days prior to the date of
termination.
12. DEFAULT. LESSOR'S right to repossess, operate, or sublease: If the rental
reserved by this Lease or other charges to be paid under this Lease by LESSEE, or
any part of this Lease, are not paid when due and remain unpaid for a period of ten
(10) days after notice in writing, or if LESSEE fails to promptly perform any
covenant, condition, or agreement by it to be performed under this Lease and such
failure shall continue for a period of ten (10) days after notice in writing specifying
the nature of such failure, or if LESSEE abandons the demised Premises, or if
LESSEE breaches any obligation under this Lease to be performed by it which
cannot be cured, then , and in any such event, LESSEE shall be deemed to be in
default and LESSOR, without further notice may at its option take possession of the
leased Premises, including all improvements and fixtures and equipment located at,
in or about the Premises.
By legal proceedings, LESSOR shall take, operate, or sublease the Premises,
in whole or in part, for the account of the LESSEE as the LESSOR in good faith may
deem proper, for a term not exceeding the unexpired period of the full term of this
Lease. LESSOR shall receive all proceeds and rent accruing from such operation or
subleasing of the leased Premises or fixtures and equipment. LESSOR shall apply
these proceeds first, to the payment of all costs and expenses incurred by the
LESSOR in obtaining the possession of, and the operation or subleasing of the
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Premises or fixtures and equipment, including reasonable attorney's fees,
commissions, and collection fees, and any alteration or repairs reasonably
necessary to enable the LESSOR to operate or sublease the Premises or fixtures
and equipment; and second, to the payment of all such amounts as may be due or
become payable under the provisions of this Lease. The remaining balance, if any,
given by the LESSOR to the LESSEE, shall be paid over to the LESSEE at the
expiration of the full term of this Lease or on the sooner termination of the Lease
by written notice of termination.
Repossession or subleasing not a termination; LESSOR'S right to terminate
not forfeited: No repossession, operation, or subleasing of the Premises or of
fixtures and equipment shall be construed as an election by the LESSOR to
terminate this Lease unless a written notice of such intention is given by the
LESSOR to the LESSEE. Notwithstanding any such operation or subleasing without
termination of this Lease, the LESSOR may at any time after that elect to terminate
the Lease in the event that the LESSEE remains in default under this Lease.
LESSEE'S obligation to pay deficiencies: In the event the proceeds of rentals
received by the LESSOR under the provisions of this Section are insufficient to pay
all costs and expenses and all amounts due and becoming due under this Lease, the
LESSEE shall pay to the LESSOR on demand such deficiency as may occur or exist.
LESSOR'S right to terminate Lease: In the event of LESSEE'S default,
LESSOR may, at its option without further notice, terminate this Lease and all
interest of LESSEE under this Lease, and may then take possession of the leased
Premises by legal proceedings.
LESSOR'S right on termination to recover amount equal to rent reserved: If
this Lease is terminated by the LESSOR by reason of any default by LESSEE,
LESSOR shall be entitled to recover from the LESSEE, at the time of such
termination the excess, if any, of the amount of rent reserved in this Lease for the
balance of the term of the Lease.
LESSOR'S remedies are cumulative: Each and all of the remedies given to
the LESSOR in this Lease or by law are cumulative, and the exercise of one right of
remedy shall not impair its right to exercise any other right or remedy.
13. DEFAULT-WAIVER. The waiver by the LESSEE or the COUNTY of an act or
omission that constitutes a default of an obligation under this Agreement does not
waive another default of that or any other obligation.
14. ASSIGNMENT. The LESSEE may not assign this Agreement or assign or
subcontract any of its obligations under this Agreement without the approval of the
COUNTY's Board of County Commissioners. All the obligations of this Agreement
will extend to and bind the legal representatives, successors and assigns of the
LESSEE and the COUNTY.
15. SUBORDINATION. This Agreement is subordinate to the laws and
regulations of the United States, the State of Florida, and the COUNTY, whether in
effect on commencement of this Lease or adopted after that date.
16. GOVERNING LAWS/VENUE. This Agreement is governed by the laws of
the State of Florida applicable to contracts made and to be performed entirely in
the State. In the event that any cause of action or administrative proceeding is
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instituted for the enforcement or interpretation of this Lease Agreement, the
LESSOR and LESSEE agree that venue will lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida. The LESSOR and
LESSEE agree that, in the event of conflicting interpretations of the terms or a term
of this Lease Agreement by or between any of them, the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
17. MUTUAL REVIEW. This Agreement has been carefully reviewed by the
LESSEE and the COUNTY. Therefore, this Agreement is not to be construed against
either party on the basis of authorship.
18. NOTICES_. Notices in this Agreement, unless otherwise specified, must be
sent by certified mail to the following:
COUNTY LESSEE
County Administrator Monroe County Health Department
Roman Gastesi, Jr. Robert Eadie, Administrator
1100 Simonton Street 1100 Simonton Street
Key West, FL 33040 Key West, FL 33040
And
County Attorney
Monroe County
1111 12th Street
Suite 408
Key West, FI 33040
19. RELATIONSHIP OF PARTIES. LESSEE 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 COUNTY. LESSEE shall exercise
control, direction, and supervision over the personnel and volunteers who use the
Premises. LESSEE shall have no authority whatsoever to act on behalf and/or as
agent for the COUNTY in any promise, agreement, or representation other than
specifically provided for in this agreement. The COUNTY shall at no time be legally
responsible for any negligence on the part of LESSEE, its employees, agents, or
volunteers resulting in either bodily or personal injury or property damage to any
individual, property, or corporation.
20. FULL UNDERSTANDING. This Agreement is the parties' final mutual
understanding. It replaces any earlier agreements or understandings, whether
written or oral. This Agreement cannot be modified or replaced except by another
written and signed agreement.
21. RIGHT OF INGRESS AND EGRESS. LESSEE, its agent, employees,
customers, suppliers, and patrons shall have the right of ingress and egress to and
from the leased Premises, which shall not be unreasonably restricted by the
COUNTY.
22. RIGHT OF INSPECTION AND REPAIRS. LESSOR shall have access to the
Premises, and each and every part thereof, during LESSEE'S regular business hours
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for the purpose of inspecting the same, making repairs, and posting notices that
LESSOR may deem to be for the protection of the LESSOR or the property.
23. AMENDMENTS TO RE IN WRITING. This Lease may be modified or
amended only by a writing duly authorized and executed by both LESSOR and
LESSEE. It may not be amended or modified by oral agreements or understandings
between the parties unless the same shall be reduced to writing duly authorized
and executed by both LESSOR and LESSEE.
24. HOLDING OVER. No holding over and continuation of any business of the
LESSEE after the expiration of the term hereof shall be considered to be a renewal
or extension of this Lease unless written approval of such holding over and a
definite agreement to such effect is signed by the LESSOR defining the length of
such additional term. Any holding over without consent of the LESSOR shall be
considered to be a day-to-day tenancy at a rental of three (3) times the daily rate
of the fixed minimum monthly rental provided herein, computed on the basis of a
thirty (30) day month.
25. ENTIRE AGREEMENT. This writing embodies the entire agreement and
understanding between the parties hereto, and there are no other agreements and
understandings, oral or written, with reference to the subject matter hereof that are
not merged herein and superseded hereby. Any amendment to this Lease shall be
in writing, approved by the Board of County Commissioners, and signed by both
parties before it becomes effective.
26. SEVERABILITY. If any term, covenant, condition or provision of this Lease
Agreement (or the application thereof to any circumstance or person) shall be
declared invalid or unenforceable to any extent by a court of competent jurisdiction,
the remaining terms, covenants, conditions and provisions of this Lease Agreement,
shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Lease Agreement shall be valid and shall be enforceable to the
fullest extent permitted by law unless the enforcement of the remaining terms,
covenants, conditions and provisions of this Lease Agreement would prevent the
accomplishment of the original intent of this Lease Agreement. The LESSOR and
LESSEE agree to reform the Lease Agreement to replace any stricken provision with
a valid provision that comes as close as possible to the intent of the stricken
provision.
27. ATTORNEY'S FEES AND COSTS. In the event either party requires the
services of an attorney in connection with enforcing any of the terms, covenants,
and/or conditions of this Lease, or in the event a lawsuit is brought for the recovery
of any Rent due under this Lease, or for any other sum or amount, or for the
breach of any term, covenant, and/or condition of this Lease, or for return of the
Premises to the Landlord and/or eviction of the Tenant during the term, or after the
expiration thereof, each party shall be responsible for its own attorneys' fees, and
for any and all other legal costs and expenses, including, but not limited to,
expenses associated with expert witnesses, whether incurred at trial, on appeal, or
otherwise. Mediation proceedings initiated and conducted pursuant to this Lease
Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
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28. BINDING EFFECT. The terms, covenants, conditions, and provisions of this
Lease Agreement shall bind and inure to the benefit of the LESSOR and LESSEE and
their respective legal representatives, successors, and assigns.
29. AUTHORITY. Each party represents and warrants to the other that the
execution, delivery, and performance of this Lease Agreement have been duly
authorized by all necessary County and corporate action, as required by law.
30. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. LESSOR and
LESSEE agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the
parties. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be
provided by this Lease Agreement or by Florida law.
31. COOPERATION. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance, or
breach of this Lease Agreement, LESSOR and LESSEE agree to participate, to the
extent required by the other party, in all proceedings, hearings, processes,
meetings, and other activities related to the substance of this Lease Agreement or
provision of the services under this Lease Agreement. LESSOR and LESSEE
specifically agree that no party to this Lease Agreement shall be required to enter
into any arbitration proceedings related to this Lease Agreement.
32. COVENANT OF NO INTEREST. LESSOR and LESSEE covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict
in any manner or degree with its performance under this Lease Agreement, and
that the only interest of each is to perform and receive benefits as recited in this
Lease Agreement.
33. CODE OF ETHICS. LESSOR agrees that officers and employees of the
COUNTY recognize and will be required to comply with the standards of conduct for
public officers and employees as delineated in Section 112.313, Florida Statutes,
regarding, but not limited to, solicitation or acceptance of gifts; doing business with
one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain
information.
34. NO SOLICITATIONIPAYMENT. The LESSOR and LESSEE warrant that, in
respect to itself, it has neither employed nor retained any company or person, other
than a bona fide employee working solely for it, to solicit or secure this Lease
Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a 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 Lease Agreement. For the breach or
violation of the provision, the LESSEE agrees that the LEESSOR shall have the right
to terminate this Lease Agreement without liability and, at its discretion, to offset
from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
35. PUBLIC RECORDS COMPLIANCE. Lessee must comply with Florida public
records laws, including but not limited to Chapter 119, Florida Statutes and Section
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24 of Article I of the Constitution of Florida. The COUNTY and LESSEE shall allow
and permit reasonable access to, and inspection of, all documents, records, papers,
letters or other "public record" materials in its possession or under its control
subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the COUNTY and LESSEE in conjunction with this Lease Agreement and related to
contract performance. The COUNTY shall have the right to unilaterally cancel this
Lease Agreement upon violation of this provision by the LESSEE. Failure of the
LESSEE to abide by the terms of this provision shall be deemed a material breach of
this Lease Agreement and the COUNTY may enforce the terms of this provision in
the form of a court proceeding and shall, as a prevailing party, be entitled to
reimbursement of all attorney's fees and costs associated with that proceeding. This
provision shall survive any termination or expiration of the Lease Agreement.
The LESSEE is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to Fla. Stat., Sec. 119.0701, and the terms and conditions of this Lease
Agreement, the Lessee is required to:
(1) Keep and maintain public records that would be required by the COUNTY to
perform the service.
(2) Upon receipt from the COUNTY'S custodian of records, provide the COUNTY
with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law for the duration of the Lease Agreement term and following completion of the
agreement if the LESSEE does not transfer the records to the COUNTY.
(4) Upon completion of the Lease Agreement, transfer, at no cost, to the County
all public records in possession of the LESSEE or keep and maintain public records
that would be required by the COUNTY to perform the service. If the LESSEE
transfers all public records to the COUNTY upon completion of the agreement, the
LESSEE shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. If the LESSEE keeps and
maintains public records upon completion of the agreement, the LESSEE shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the COUNTY, upon request from the COUNTY'S
custodian of records, in a format that is compatible with the information technology
systems of the COUNTY.
(5) A request to inspect or copy public records relating to a COUNTY contract
must be made directly to the COUNTY, but if the COUNTY does not possess the
requested records, the COUNTY shall immediately notify the LESSEE of the request,
and the LESSEE must provide the records to the COUNTY or allow the records to be
inspected or copied within a reasonable time.
If the LESSEE does not comply with the COUNTY'S request for records, the COUNTY
shall enforce the public records contract provisions in accordance with the Lease
Agreement, notwithstanding the COUNTY'S option and right to unilaterally cancel
this agreement upon violation of this provision by the LESSEE. A LESSEE who fails
to provide the public records to the COUNTY or pursuant to a valid public records
10
request within a reasonable time may be subject to penalties under Section 119.10,
Florida Statutes.
The LESSEE shall not transfer custody, release, alter, destroy or otherwise dispose
of any public records unless or otherwise provided in this provision or as otherwise
provided by law.
IF THE LESSEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO
THE LESSEE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS LEASE AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS BRIAN BRADLEY AT
PHONE NO, 305-292-3470 BRADLEY-
BRIAN@)MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE. 1111 12TH STREET SUITE 408 KEY
'INVEST, FL 33040.
36. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec.
768.28, Florida Statutes, the participation of the LESSOR and LESSEE in this Lease
Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or local government liability insurance pool coverage shall not
be deemed a waiver of immunity to the extent of liability coverage, nor shall any
contract entered into by the LESSOR be required to contain any provision for
waiver.
37. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief,
disability, workers' compensation, and other benefits which apply to the activity of
officers, agents, or employees of any public agents or employees of the LESSOR,
when performing their respective functions under this Lease Agreement within the
territorial limits of the County shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
38. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled
to rely upon the terms, or any of them, of this Lease Agreement to enforce or
attempt to enforce any third-party claim or entitlement to or benefit of any service
or program contemplated hereunder, and the LESSOR and LESSEE agree that
neither the LESSOR nor the LESSEE 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
under this Lease Agreement separate and apart, inferior to, or superior to the
community in general or for the purposes contemplated in this Lease Agreement.
39. ATTESTATIONS. LESSEE agrees to execute such documents as the LESSOR
may reasonably require, to include a Public Entity Crime Statement, an Ethics
Statement, and a Drug-Free Workplace Statement.
11
40. EXECUTION IN COUNTERPARTS. This Lease 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 any of the
parties hereto may execute this Lease Agreement by signing any such counterpart.
41. EFFECTIVE DATE. This Agreement will take effect on May 1, 2021.
1a,,
+I . i NESS WHEREOF, each party has caused this Agreement to be executed by
� Its < •uthorized representative.
, , r. t I
p;71 \\t\
--�„C ' BOARD OF COUNTY COMMISSIONERS OF
` 4: . KEVIN MADOK, CLERK MONROE + - CFLORIU&7TSSOR
By (. •--^^.y am- nk" By
As deputy Clerk Mayor/Chairman
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STATE OF FLORIDA, DEPARTMENTOF
HEALTH, MONROE COUNTY HEALTQ{-', n
DEPARTMENT, LESSEE h' .�
/AAd,nitn:O. # 11 Si ture /
/flI V4Aiot-nl 4tDOf 312572 By Atilt:
Printed/Name Date
Title dministrator
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Witness 2 Signature Date
fhiilH MH1tCIIICV 3125I2CQl
Printed Name date
MONROE Op01AYDATTdNEYS OFFICE
—'PATRICIA HIBLEB
ASSISTANT QOUNTY ATTORNEY
DATE: 3 2 /2021
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Gates-Health Department EXHIBIT
ROOM# Square Footage ROOM# Square Footage
_...1.._. .._._ 280 HEALTHY START SUITE 175
3 216 CE 200
4 40 CE 88
5 77 CE 88
6 88 CE 275
7 40 1-176 248
8 88 1-177 176
9 88 1-177 rear 100
10 176 1-177 rear 65
11 18 1-181 83
12 22 1-188 114
13 304 1-188 57
14 175 1-184 80
15 88 1-187 81
16 88 UPSTAIRS
17 35 242 310
18 88 241 149
19 40 243 169
20 44 244 170
21 88 245 145
23 88 246 85
24 88 247 85
25 88 248 85
Supply Closet by room 28 40 249 85
26 127 250 172
27 96 2-231 (hall closet) 110
28 96
29 96
30 96
31 256
32 80 GROSS AREA TOTALS 10,115
33 192 Net Area 7,731
34 80 Common Areas 2,304,
35 192 _
36 88
37 192
38 128
39 250
40 176
41 256
42 118
42 58
112 86
112 258
113 192
123 121
137 50
Corridors 1,225
DEPARTMENT OF FINANCIAL SERVICES
Division of Risk Management
STATE RISK MANAGEMENT
TRUST FUND
Policy Number: GL-8300 General Liability
Certificate of Coverage
Name Insured: Department of Health
General Liability Coverage provided pursuant to Chapter 284, Part II, Section 768.28, Florida
Statutes, and any rules promulgated thereunder.
Coverage Limits:
General Liability: $200,000.00 each person
$300,000.00 each occurrence
Inception Date: July 1, 2020
Expiration Date: July 1, 2021
DFS-DO-863
(REV.7/17)
�'aesprf DEPARTMENT OF FINANCIAL SERVICES
Division of Risk Management
STATE RISK MANAGEMENT TRUST FUND
GENERAL LIABILITY
CERTIFICATE OF COVERAGE
In consideration of the provisions and stipulations contained herein or added hereto and for the premium charged, the State Risk Management Trust
Fund, hereinafter referred to as the"Fund", certifies that the State department or agency named in this certificate is hereby provided general liability
coverage. Coverage shall be effective on the inception date at 12:01 a.m.standard time. `
This certificate is comprised of the foregoing provisions and stipulations,together with such other provisions and stipulations as may be added hereto by
the Fund in the future:
I. COVERAGES (2) maintained for use exclusively on premises owned
General Liability Coverage--Bodily and Property Damage by or rented to the named insured, including the
To pay on behalf of the insured all sums which the insured shall ways immediately adjoining,or
become legally obligated to pay as damages for injury or loss of (3) designed for use principally off public roads,or
property, personal injury, or death caused by the negligent or (4) designed or maintained for the sole purpose of
wrongful act or omission of any officer, employee, agent or affording mobility to equipment of the following types
volunteer of the named insured, as such terms may be further forming an integral part of or permanently attached
defined herein or by administrative rule, while acting within the to such vehicle; power cranes, shovels, loaders,
scope of his office or employment, pursuant to the provisions diggers and drills; concrete mixers (other than the
and limitations of Chapter 284, Part II and Section 768.28, mix-in-transit type); graders, scrapers, rollers and
Florida Statutes. other road construction or repair equipment; air-
compressors, pumps and generators, including
II. DEFENSE,SETTLEMENT,SUPPLEMENTARY PAYMENTS spraying, welding, and building cleaning equipment;
With respect to such coverage as is afforded by this certificate, and geophysical exploration and well-servicing
the Fund shall: equipment.
(a) defend any proceeding against the insured seeking such
benefits and any suit against the insured alleging such IV. EXCLUSIONS
injury and seeking damages on account thereof, even if This certificate does not apply:
such proceeding or suit is groundless,false, or fraudulent. (a) to bodily injury or property damage arising out of the
The Fund will investigate all claims filed against the ownership, maintenance, operation, use, loading or
insured in order to determine the legal liability of the unloading of:
insured and to determine damages sustained by the (1) any automobile owned or operated by or rented or
claimant. The Fund will negotiate,settle,or deny the claim loaned to any insured,or
based on these findings and appropriate Florida law. (2) any other automobile operated by any person in the
(b) pay all premiums on bonds to release attachments and on course of his employment by any insured, but this
appeal bonds required in any such defended suit for an exclusion does not apply to the parking of an
amount not in excess of the applicable limit of liability automobile on premises owned by, rented to, or
established in this certificate; controlled by the named insured or the ways
(c) pay all expenses incurred by the Fund, all costs taxed immediately adjoining, if such automobile is not
against the insured in any such suit, and all interest owned by,rented,or loaned to any insured;
accruing after entry of judgment until the Fund has paid, (b) to any action which may be brought against the named
tendered, or deposited in court that part of such judgment insured by anyone who unlawfully participates in riot,
as does not exceed the limit of the Fund's liability thereon; unlawful assembly,public demonstration, mob violence, or
(d) pay expenses incurred by the insured for such immediate civil disobedience if the claim arises out of such riot,
medical relief to others as shall be imperative at the time of unlawful assembly, public demonstration,mob violence, or
the accident. civil disobedience;
(c) to any obligation for which the insured or the Fund may be
III. DEFINITIONS held liable under any employer's liability or workers'
(a) Named Insured - The department or agency named compensation law;
herein. (d) to property damage to property owned or occupied by the
(b) Insured-State department or agency named herein, their insured;
officers,employees,agents or volunteers. (e) to property damage to premises alienated by the insured
(c) Volunteer-Any person who of his own free will, provides arising out of such premises or any part thereof;
goods or services to the named insured,with no monetary (f) to loss of use of tangible property which has not been
or material compensation as defined in Chapter 110, Part physically injured or destroved,resulting from:
IV,Florida Statutes. (1) a delay in or lack of performance by or on behalf of
(d) Agent - Any person not an employee, acting under the the named insured of any contract or agreement;
direct control and supervision of a state agency or (2) the failure of the named insured's products, or work
department, for the benefit of a state agency or performed by or on behalf of the named insured to
department. meet the level of performance, quality fitness, or
(e) Automobile - A land motor vehicle, trailer, or semi-trailer durability warranted or represented by the named
designed and licensed for use on public roads (including insured;
machinery or apparatus attached thereto), but does not (g) to property damage to the named insured's products
include mobile equipment. arising out of such products or any part of such products;
(f) Mobile Equipment-A land vehicle(including machinery or (h) to property damage to work performed by or on behalf of
apparatus attached thereto),whether or not self-propelled; the named insured arising out of the work or any portion
(1) not subject to motor vehicle registration,or
DFS-DO-863
Revised 11105 Page 1 of 2
thereof, or out of materials, parts, or equipment furnished giving evidence and obtaining the attendance of
in connection therewith; witnesses. The insured shall not, except at his own
(i) eminent domain proceedings or damage to persons or cost, voluntarily make any payment, assume any
property of others arising therefrom; obligation or incur any expenses other than for first
(j) to punitive damages; aid to others at the time of accident.
(k) to actions of insureds committed in bad faith or with
malicious purpose or in a manner exhibiting wanton and
willful disregard of human rights,safety,or property; (4) Action Against the Fund
(1) to professional medical liability of the Board of Regents, No action shall lie against the Fund unless, as a
the physicians, officers, employees, or agents of the condition precedent thereto, the insured shall have
Board; been in full compliance with all of the terms of this
(m) to liability related in any way with nuclear energy; certificate and the provisions of applicable Florida
(n) to liability assumed by the insured under any contract or Statutes.
agreement; (5) Severability of Interest
(o) to final judgments in which the insured has been The term "the insured" is used severally and not
determined to have caused the harm intentionally; collectively, but the inclusion herein of more than
(p) to awards for injunctive, declaratory, or prospective relief one insured shall not operate to increase the limits
rendered against an insured by any federal or state court, of the Fund's liability.
agency or commission.
(6) Limits of Liability
V. CONDITIONS The limit of liability expressed as applicable to"each
A. Premium person" is the limit of the Fund's liability for all
Premium charges shall be assessed in accordance with damages, including damages for care and loss of
the provisions of Chapter 284,Part II,Florida Statutes,and services, arising out of personal injury and property
any rules promulgated thereunder utilizing a retrospective damage sustained by one person as a result of any
rating arrangement premium calculation method whereby one occurrence; but the total liability of the Fund for
80% of the premium is based on losses actually incurred all damages sustained by two or more persons as a
by the insured and 20% is based on the changes in risk result of any one occurrence shall not exceed the
exposures (employees, etc.) of an insured. The premium limit of liability as applicable"each occurrence".
must be paid promptly by an insured agency from its (7) Other Insurance
operating budget upon receiving the premium bill or If there is insurance applicable to any claim, the
invoice. coverage extended by this certificate shall apply only
as excess insurance over any and all other
B. Audit applicable insurance.
The Fund shall be permitted to examine and audit the (8) Terms of Coverage
insured's books and records at any time during the term of This certificate is issued for the purpose of
this coverage and any extension thereof, and within three confirming coverage as contemplated by Chapter
years after the final termination of this coverage, as far as 284, Part II, Florida Statutes. In the event of any
they relate to the premium bases or the subject matter of conflict between provisions or coverages in this
this coverage. certificate and the provisions of any Florida Statutes
or laws including, but not limited to the aforesaid,
C. Insured's Duties in the Event of Occurrence, Claim or said statutes and laws shall control.
Suit (9) Cancellation
(1) Event of Occurrence Failure of the Fund to receive the amount of
Written notice containing particulars sufficient to premiums billed to the insured agency within the
identify the insured, along with reasonably time frames allowed by law may result in
obtainable information with respect to the time,place cancellation of the certificate of coverage.
and circumstances thereof, the names and Payments must be made promptly from the insured's
addresses of the injured and all known witnesses, operating budget upon receipt of the premium bill as
shall immediately be given by or for the insured to specified in Section 284.36, Florida Statutes, and
the Fund. lack of prompt payment will result in a request from
(2) Notice of Claim or Suit the Fund to the Comptroller to transfer premiums
If claim is made by suit brought against the insured, from any available funds of the delinquent agency
the insured shall immediately forward to the Fund under the provisions of Section 284.44(7), Florida
every demand, notice, summons, or other process Statutes.
received by him or his representative. Failure by the
insured to advise the Fund of a claim or suit prior to D. Self-Insurance Coverage
a settlement agreement or the insured otherwise Coverage for defending and paying claims under this
obligating itself, shall void coverage by the Fund,for certificate is provided under the authority of Chapter
that claim. 284, Florida Statutes,wherein the state is authorized
(3) Assistance and Cooperation of the Insured to administer a self-insurance program. Provision of
The insured shall cooperate with the Fund and,upon this certificate does not constitute the issuance of
the Fund's request, assist in making settlements, in insurance other than on a self-insurance basis, and
the conduct of suits and in enforcing any right of payment of any covered claim obligations is
contribution or indemnity against any person or contingent upon availability of legislative funding.
organization who may be liable to the insured
because of injury or damage with respect to which
coverage is afforded under this certificate, and the
insured shall upon request, make available all
agency records pertaining to a specific claim, shall
attend hearings and trials and assist in securing and
DFS-DO-863
Revised 11105 Page 2 of 2