Item C04 C.4
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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
June 16, 2021
Agenda Item Number: C.4
Agenda Item Summary #3273
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: STAFF CONTACT: Alice Steryou(305) 292-4549
None
AGENDA ITEM WORDING: Approval of an Agreement with Sheriff Richard A. Ramsay to
provide the Monroe County Sheriff's Department with 149.6 sq. ft. of office space for one (1)year at
Bernstein Park on Stock Island, Key West, FL.
ITEM BACKGROUND: The Sheriff's Office has had office space at Bernstein Park since the
Park reopened from renovation in 2018. Sheriff Richard A. Ramsay has again requested use of
available County office space at Bernstein Park. The Sheriff is a Constitutional Officer servicing the
entire County community. County staff and the Sheriff's Office agree that it has been in the best
interests of park visitors and the surrounding area that the Sheriff's Dept. has a continued presence in
the area. The County provides other office space to the Sheriff's Office in various facilities
throughout the County. The Lease will commence on August 15, 2021, for one (1) year terminating
on August 14, 2022, at no cost to the Sheriff. The location of the office space in the building is
shown on Exhibit"A" to the Lease Agreement.
PREVIOUS RELEVANT BOCC ACTION:
12/09/2020 BOCC approved a one (1) year lease of available County office space at
Bernstein Park for the Sheriff's office retroactive to commence on Augustl5,
2020.
08/21/2019 BOCC approved a one (1) year lease of available County office space at
Bernstein Park for the Sheriff's office.
08/15/2018 BOCC approved a one (1) year lease of available County office space at
Bernstein Park for the Sheriff's office.
CONTRACT/AGREEMENT CHANGES:
Annual Agreement with MCSO at Bernstein Park
STAFF RECOMMENDATION: Approval
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C.4
DOCUMENTATION:
06-16-2021 Public Works - Bernstein Park - MCSO Lease with Exhibit A (Final legal stamped)
Partial Executed(Revised)
FINANCIAL IMPACT:
Effective Date: August 15, 2021
Expiration Date: August 14, 2022
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: Yes
Source of Funds: N/A
CPI: No
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: No
County Match: N/A
Insurance Required: Yes
Additional Details: Commencing on August 15, 2021
None
REVIEWED BY:
Patricia Eables Completed 06/01/2021 12:22 PM
William DeSantis Completed 06/01/2021 1:01 PM
Purchasing Completed 06/01/2021 1:05 PM
Budget and Finance Completed 06/01/2021 4:00 PM
Maria Slavik Completed 06/01/2021 4:13 PM
Liz Yongue Completed 06/01/2021 4:20 PM
Board of County Commissioners Pending 06/16/2021 9:00 AM
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AGREEMENT
THIS AGREEMENT, made this 16th day of June, 2021, by and between the
Board of County Commissioners of Monroe County, Florida (hereinafter referred to as
BOCC), whose address is 1100 Simonton Street, Key West, FL 33040, and the Monroe
County Sheriff's Office, (hereinafter referred to as MCSO), whose address is 5525
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College Road, Key West, FL 33040.
WHEREAS, the BOCC leases premises to other governmental agencies servicing
the County community; and
WHEREAS, MCSO has requested use of County office space; and
WHEREAS, the BOCC has determined that it is in the best interests of Monroe
County to provide approximately 149.6 square feet of office space at Bernstein Park,
located at 6751 Fifth Street on Stock Island, Key West, Florida, as identified on the
Ground Floor Plan attached hereto as Exhibit"A" and made a part hereof;
NOW, THEREFORE, for and in consideration of the mutual covenants contained
herein,the parties agree as follows:
1. Contract Term. This Agreement is for the period commencing August 16,
2021, and terminating on August 15, 2022, and is for Zero dollars and ,
no/100 cents ($0.00)per year.
2. BOCC Reslonsibility. The BOCC shall direct its Administrator, y
Departments Heads, County Attorney, and staff to provide certain
facilities and support to the MCSO as can be provided without requiring
an increase in personnel or any purchase or lease of real property. o
3. Relationship of„Parties. The MCSO is, and shall be, in the performance of
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all works, services, and activities under this Agreement, an independent
agency, and not an employee, agent, or servant of the BOCC. The MCSO
shall exercise control, direction, and supervision over the means, manner,
personnel, and volunteers through which it performs its duties. Although
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this Agreement is a cooperative agreement, similar in many respects (but
not all) to a partnership, the MCSO shall have no authority whatsoever to
act on behalf and/or as agent for the BOCC in any promise, agreement, or
representation other than specifically provided for in this Agreement. The
BOCC shall at no time be legally responsible for any negligence on the
part of the MCSO, its employees, agents, or volunteers resulting in either
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bodily or personal injury or property damage to any individual, property, LU
or corporation.
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4. Modification. Additions to, modification to, or deletions from the
provisions of this contract may be made only in writing and executed by M
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the BOCC. No modification shall become effective without prior written r
approval of both parties.
5. Breach and Penalties. The parties agree to full performance of the W
covenants contained in this contract. Both parties reserve the right, at the
discretion of each, to terminate the services in this contract for any LU
misfeasance, malfeasance, or nonperformance of the contract terms or
negligent performance of the contract terms by the other party. Any
waiver of any breach of covenants herein contained shall not be deemed to
be a continuing waiver and shall not operate to bar either party from c,
declaring a forfeiture for any succeeding breach either of the same
conditions or covenants or otherwise. CL
6. Indemnification and Hold Harmless.,
a) To the extent permitted by law, and as limited by Section 768.28,
Florida Statutes, the BOCC shall defend, indemnify, and hold
harmless MCSO and its officers, employees, or agents from any
and all liability, losses or damages, including attorneys' fees and
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costs of defense,which MCSO or its officers, employees, or agents
may incur as a result of any claim, demand, suit, or cause of action
or proceeding of any kind or nature arising out of, relating to, or
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resulting from the negligent performance of this contract by the
BOCC, its employees, officers, and agents. MCSO shall promptly _
notify the BOCC of each claim, cooperate with the BOCC in
defense and resolution of each claim, and not settle or otherwise
dispose of the claim without the BOCC's participation.
b) To the extent permitted by law, and as limited by Section 768.28, LU
Florida Statutes, MCSO shall defend, indemnify, and hold
harmless the BOCC and its officers, employees,or agents from any CL
and all liability, losses or damages, including attorneys' fees and
costs of defense, which the BOCC or its officers, employees, or y
agents may incur as a result of any claim, demand, suit, or cause of
action or proceeding of any kind or nature arising out of, relating
to, or resulting from the negligent performance of this contract by W
the MCSO, its employees, officers, and agents. The BOCC shall
promptly notify MCSO of each claim, cooperate with MCSO in
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the defense and resolution of each claim, and not settle or LU
otherwise dispose of the claim without MCSO's participation.
c) The indemnification provisions of this contract shall survive
termination of this contract for any claims that may be filed after c,
the termination date of the contract provided the claims are based '
upon actions that occurred during the performance of this contract.
7. Laws and Re�,ulations.
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a) This Agreement shall be construed by and governed under the laws
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of the State of Florida unless in an area of law pre-empted by
federal law. The parties agree that venue for any dispute shall lie
in Monroe County, Florida.
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b) The MCSO shall comply with all federal, state, and local laws and
ordinances applicable to the work or payment for work thereof,
and shall not discriminate on the grounds of race, color, religion,
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sex, age, or national origin in the performance of work under this
Agreement.
c) Any violation of said statutes, ordinances, rules, regulations, and
executive orders shall constitute a material breach of this
Agreement and shall entitle the BOCC to terminate this Agreement
immediately upon delivery of written notice to the MCSO.
8. Taxes. The BOCC is exempt from Federal, Excise, and State of Florida
Sales Tax.
9. Finance Charges. The BOCC will not be responsible for any finance v
charges.
10. Severability. If any provision of this contract shall be held by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of W
this contract, or the application of such provision other than those as to
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which it is invalid or unenforceable, shall not be affected thereby; and LU
each provision of this contract shall be valid and enforceable to the fullest
extent permitted by law.
11. Assignment. The MCSO shall not assign, transfer, sublease, pledge,
hypothecate, surrender, or otherwise encumber or dispose of this contract
or any estate created by this contract or any interest in any portion of the
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same, or permit any other person or persons, company, or corporation to
perform services under this contract without first obtaining the written E
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consent of the BOCC. In the event of such consent, this Agreement shall
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be binding upon MCSO's successors and assigns.
12. Disclosure. The MCSO shall be required to list any or all potential
conflicts of interest, as defined by Florida Statues, Chapter 112, Part III CL
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and the Monroe County Ethics Ordinance. The MCSO shall disclose to
the BOCC all actual or proposed conflicts of interest, financial or
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otherwise, direct or indirect, involving any client's interest which may
constitute a conflict under said laws.
13. Care of Propert . The MCSO shall be responsible to the BOCC for the
safekeeping and proper use of the property entrusted to MCSO's care, and
to process all documents necessary to continue, without interruptions, any
maintenance or service contracts relating to such equipment for its service LU
life.
CL
14. Ethics „Clause. MCSO warrants that it has not employed, retained or
otherwise had act on its behalf any former County officer or employee
subject to the prohibition of Section 2 of Ordinance No. 0 10-1990 or any
BOCC officer or employee in violation of Section 3 of Ordinance No. 03
010-1990. For breach or violation of this provision,the County may, in its
discretion, terminate this contract without liability and may also, in its W
discretion, deduct from the contract or purchase price, or otherwise
recover, the full amount of an fee commission
Y � , percentage, gift or LU
consideration paid to the former county officer or BOCC officer or
employee. y
15. Termination. Termination of this Agreement shall occur at the natural
ending date, or earlier should either party determine that there has
occurred any material breach of any covenants herein contained, or either
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party otherwise deems it in their best interest to terminate. Termination
may be with or without cause, and shall require written notice to be given E
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to the other party as follows:
a) In the event either party terminates for breach of contract,
termination shall be effective at such time as the terminating party 2
shall declare in its notice to terminate for cause, with a minimum
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of fourteen (14) days' notice in writing required prior to effective
termination.
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b) In the event either party terminates without cause, the termination
shall not take effect until at least sixty (60) days subsequent to
written notice to the other party, and the effective date of
termination shall be specified in said notice.
16. Full A.�r-eement. This Agreement constitutes the entire and full
understanding between the parties hereto and neither party shall be bound
by any representation, statement, promises, or agreements not expressly
set forth herein and in duly executed amendments under paragraph 4 CL
hereof.
IN WITNESS WHEREOF, the parties have executed this agreement the day and
year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS W
Attest: KEVIN MADOK,Clerk OF MONROE COUNTY,FLORIDA
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By:... By:
As Deputy Clerk Mayor y
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(SEAL) MONROE Q TY SHERIFF'S OF `ICE
Attest: fir' S F
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By: .. _.. - By: W
Sheriff Richard A.Ramsay
Title:
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