Item C09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 21. 22. 2003
Bulk Item: Yes -X- No
AGENDA ITEM WORDING: Approval of a two year Lease Agreement (four years upon re-
election) with State Representative Ken Sorensen for office space in the Marathon Government Center
Annex.
ITEM BACKGROUND: State Reptesentative Ken Sorensen requests to utilize the former office of
the Monroe County Fire Marshall located at the Marathon Government Center Annex. Relocating from
Key West to Marathon will allow better access to Monroe constituents in resolving all state-related
issues.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: N/A
BUDGETED: Yes N/A
No
COST TO COUNTY: N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes
No-X AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _
OMB/Purchasing _ Risk Management _
.{)h/~
Dent Pierce, Director Public Works
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included -X
To Follow
Not Required_
DIsPosmON:
AGENDA ITEM # ~ 7
Revised 1/03
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Ken Sorensen Contract #
Effective Date: app 06/01/03
Expiration Date: app 05/31/05
Contract Purpose/Description:
To provide office space at the Marathon Government Center Annex for State
Renresentative Ken Sorensen.
Contract Manager: Ann Mytnik 4549 Facilities Maint/Stop #4
(Name) (Ext. ) (Department/Stop #)
for BOCC meetinsz on Mav 21,2003 Aszenda Deadline: 05/06/03
CONTRACT COSTS
Total Dollar Value of Contract: $ N/A
Budgeted? YesO No 0 Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ N/ A
- - -
----
- - -
----
- - -
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- - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr .., ~or:. . \
(Not included in dollar-value above);.. (eg;. maintenance, utilities, ianitorial, salaries, etc.)
\ ....,
CONTRACT REVIEW
Division Director
Date In
sf ~(0.3
SIJ./43
Changes
Needed~
YesONo~
Date Out
'-
Risk Management
YesONoB-
..
O.M.B./Purchasing Y esO No~
f I
County Attomey ~/~/()3 YesONo~_ .~~~
Comments:
OMB Form Revised 2/27/0 I MCP #2
AGREEMENT
nus AGREEMENT, made this 211t day of May, 2003 by and between the Board of County Commissioners of
Monroe County, Florida (hereinafter referred to as BOCC) and the Florida House of Representatives, Ken Sorensen,
Ph.D. (hereinafter referred to as State Representative), an elected official with the S1ate of Florida.
WHEREAS, the BOCC leases premises to other governmental agencies seIVing the County community; and
WHEREAS, State Representative has requested use of County office space; and
WHEREAS, The BOCC has determined that it is in the best interests of Monroe Coun!]' to provide
approximately 191 square feet of office space at the Marathon Government Center Annex, located on 63 Street in the
City of Marathon;
NOW, TIIEREFORE, 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
, and termimrting on_
2. BOCC Resoonsibilitv. The BOCC shall direct its Administrator, Department Heads, County Attorney
and staff to provide certain facilities and support to the State Representative as can be provided
without requiring an increase in personnel or any purchase or lease of real property.
3. Relationshin of Parties. The State Representative is, and shall be, in the performance of all works,
services, and activities under this Agreement, an iIldependent state agency, and not an employee,
agent or servant of the BOCC. The State Representative shall exercise control, direction, and
supervision over the means, manner personnel and volunteers through with it performs the work.
Although this Agreement is a cooperative agreement, similar in many respects (but not all) to a
partnership, the State Representative 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 respoIlSlble for any negligence on the part of
the State Representative, its employees, agents or volunteers resulting in either bodily or personal
injwy or property damage to any individual, property or corporation.
4. Modification. Additions to, modification to, or deletions from the provision of this contract may be
made only in writing and executed by the BOCC. No modification shall become effective without
written approval of both parties.
5. Breach and Penalties. The parties agree to full performance of the covenants contained in the
contract. Both parties reserve the right, at the discretion of each, to terminate the services in this
contract fur any misfeasance, malfeasatlce or nonperformance of the contract terms or negligent
peIformance of the contract terms by the other party. Any waiver of any breach of covenants herein
contained shall not be deemed to be a &ntlnuing waiver and shall not opemte to bar either party from
declaring a furfeiture for any succeeding breach either of the same conditions or covenants or
otherwise.
6. Indemnification and Hold Harmless. The parties to this agreement stipulate that each is a state
governmental agency as defined by Florida Statutes and represents to the other that it has purchased
suitable Public Liability, Vehicle Liability, and Workers' Compensation insurance, or is self-insured,
in amounts adequate to respond to any and all claims within the limitations of Florida Statute 768.28
and 440, arising out of the activities governed by this agreement.
Each party shall be responsible for any acts of negligence on the part of its employees, agents,
contractors, and subcontractors and shall defend, indemnify and hold the other party harmless from all
claims arising out of such actions.
1
7. Laws and Regulations.
~ This Agreement shall be construed by and governed under the laws of the State of Florida
unless in an area of law pre-empted by federal law. The State Representative agrees for
venue of any dispute to lie in Monroe County, Florida.
Q} The State Reptesentative 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, sex, age or national origin in the performance of work under
this Agreement
~ Any violation of said statutes, ordinances, roles, regulations and executive orders shall
constitute a material breach of this Agreement and shall entitle the BOCC to terminate this
Agreement immediately upon delivety of written notice to the State Representative.
8. Taxes. The BOCC is exempt from Federal, Excise and State of Florida Sales Tax.
9. Finance Chartres. The BOCC will not be responsible for any finance charges.
10. Severabilitv. If any provision of this contract shall be held by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of this contract, or the application of such provision other than
those as to which it is invalid or unenforceable, shall not be affected thereby; and each provision of
this contract shall be valid and enforceable to the fullest extent permitted by law.
11. Force Majeure. The State Representative shall not be liable for delay in performance or failUW to
perform in whole or in part, the services due to the occurrence of any contingency beyond its ~
or the control of any of its sub-contractors or suppliers, including labor dispute, strike, labor slf~;'
war or act of war, whether an actual declaration thereof is made or not, insurrection, sabotage, ti({j ~
civil commotion, act of public enemy, epidemic, quarantine restriction, accident, fire, explosiOb.,
storm, flood, drought or other act of God. act of any governmental authority, jurisdictional action, or
insufficient supply of fuel, electricity, or materials or supplies, or technical failure where the State
Representative has exercised reasonable care in the prevention thereof, and any such delay or failure
shall not constitute a breach of the Agreement The State Representative shall notify the BOCC of
any delay or failure to perform within five (5) days of such action. Upon demand of the BOCC, the
State Representative must furnish evidence of the causes of such delay or failure.
12. Assifmment The State Representative 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 same, or permit any other person or persons, company or corporation
to perform services under this contract without first obtaining the written consent of the BOCC. In
the event of such consent, this agreement shall be binding upon the State Representative's successors
and assigns.
13. Disclosure. The State Representative shall be required to list any or all potential conflicts of interest,
as defined by Florida statutes Chapter 112, Part ill and the Monroe County Ethics Ordinance. The
State Representative shall disclose to the ~OCC all actual or proposed conflicts of interest, financial
or otherwise, direct or indirect, involving any client's interest which may constitute a conflict under
said laws.
14. Additional Conditions. The State Representative agrees to accept additional conditions governing the
use of funds or performance of work as may be required by federal, state or local statute, ordinance or
regulalion or by other policy adopted by the BOCC. Such additional conditions shall not become
effective until the State Representative has been notified in writing and no such additional conditions
shall be imposed retroactively.
15. Independent Professional Ju.dJnn.ent The State Representative shall at all times exercise independent
professional judgment and shall assume full responsibility for the service to be provided and work to
be completed.
2
16. Care ofPronertv. The State Representative shall be responsible to the BOCC for the safekeeping and
proper use of the property entrusted to the State Representative's care. and to process all documents
necessary to continue, without interruptions, any maintenance or service contracts relating to such
equipment for its service life.
17. Ethics Clause. The State Representative 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. 010-1990 or any BOCC officer or employee in violation of Section 3 of Ordinance No.
010-1990. For breach or violation of this provision, the County may, in its discretion, terminate this
contIact without liability and may also, in its discretion, deduct from the contract or purchase price, or
otherwise recover. the :full amount of any fee, commission, percentage. gift or consideration paid to
the former State Representative or BOCC officer or employee.
18. Termination. Termination of this Agreement shall occur at the Natural ending date, or earlier should
either party determine that there has occurred any material breach of any covenants herein contained,
or either party otherwise deems it in their best interest. to terminate. Termination may be with or
without cause, and shall require written notice to be given to the other party as follows:
a) In the event either party terminates for breach of contract, termination shall be effective at
such time as the termin~tillg party shall declare in its act to terminate for cause, with a
minimum of fourteen days notice in writing required prior to effective termination.
b) In the event either party terminates without cause, the termination shall not take effect until
at least sixty days subsequent to written notice to the other party. and the effective date of
termination shall be specified in said notice.
19. Full A2reement This Agreement constitutes the entire and full understanding between the parties
hereto and neither party shall be bound by any representations, statements, promises or agreements
not expressly set forth herein and in duly executed amendments under patagtaph 6 hereof.
IN WITNESS WHEREOF. the parties have executed. this agreement the day and year :first above
written.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Mayor/Chairman
Deputy Clerk
.. ..
(SEAL)
Attest:
FLORIDA HOUSE OF REPRESENTATIVES
KEN SORENSEN
By
By
Title
Title
BY
3
\ .
1996 Edition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
Indemnification and Hold Harmless
for
Inter-Governmental Agreements
The parties to this agreement stipulate that each is a state governmental agency as defined by
Florida Sta~tes and represents to the other that it has purchased suitable Public Liability, Vehic1e
Liability, and Workers' Compensation insurance, or is self-insured, in amounts adequate to
respond to any and all claims within the limitations of Florida Statute 768.28 and 440, arising out
ofthe activities governed by this agreement.
Each party shall be responsible for any acts of negligence on the part of its employees, agents,
contractors, and subcontractors and shall defend, indemnify and hold the other party harmless
from all claims arising out of such actions.
...
INTL
Administration Instruction
#4709.3
98
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,.",. of o.g.nizetion .~f a f~ ._Riffe ~l_H:tiJ~ ve- Kf!!J... ~f}fet1..seYL_ ~_ ___~~_.
Contact Name. -Piily.__.5pa-f ks __ Non-Profit No: _____ __
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Fox Nu_ Uos 2 '108- 19 'f'l Fo<HowLong? 'If.s. an~r"bl'"
Lo~tion ~equired: Lower i<')'80 Middle Keys rX Upp.r K.Y5 Cj " yr'... UfO', t'l ... tlte,."""on
~ecial Reaulrement.!:
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Does this org.nil.ation reee;.', f,mding from MonlOo Count)? Yea 0 No 1
If 10. what Is Ihtt annu.1 a/loG.tion?
I' a lesse is granted. pl.,,5o!' rctentify the program for which the VI/\.I& of the spacet allocated willi t u:, ed as an
in-kind gr.,-,t match: N / A
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Describe the County,wtdfl ~oi!rvtce your agency provides and the COSI benefit to M{1~roe Cou~ty iIll~: wers:
Eor~~~7:WMIt'te- p{{,tt/IOc.~--I'n Jlbl !d~ Rtl(J_c~!illf4it2_
Md., M/J iLilll~1f,t' /1t-Pt~:JiJiJ OIlf'tJ'-<_tMsfl f1,.t~
(p SO 1~s.I~ ~ytJ..t ;d:rJ...~/LtS......_____._.______ ___
J ~r OOlflttll II.. Oft",
Aooro\'sd by.
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RIlIk Management:
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DIle:
F= ealities Malnt:
($
I='air MMlet Value fo/" a:located spac.il)
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Date~
PIN Dir.ctOf.
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Date
Col.lntv Administrator
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Date:
If 8pproved. the organization b. required to enter Into a one-year I.a.e with the County, WIth I 10 in pOlliblv
one-year e>c.nSlOn8 81 w"';1.:h time the organization wil: not be ."gible to reapp1v tor spece te . fl Jeriod of .
IDt,limum 01 three (3\ years .I.., non-profit erganiz.tio(ls who are proviCled o~. .pace wi/! '..quired to
.:,,-.,e the County for e,1/lities in !t\e amount of S'oo.on/mont~l, end must prOvide th.,ir o'^ I j'iI"Iitorial anet
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