Item C02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 14, 2004
Division:
Public Work
Bulk Item: Yes X
No
Department:
Correction facilities
AGENDA ITEM WORDING: Approval to enter into a Maintenance Agreement with the State of
Florida, Department of Juvenile Justice concerning the fIrst floor the Juvenile Justice Building located
on Stock Island.
ITEM BACKGROUND: The State of Florida Department of Juvenile Justice has requested that the
County provide maintenance and repair of the First Floor of the DJJ building, for which they will
reimburse the County in the amount of $45,000 per year for multipurpose labor costs; this is in addition
to costs already being shared under the original construction and occupation agreement, attached to the
proposed maintenance agreement as exhibit A, which provides for reimbursement to the County for
such items as elevators, :fire suppression system, :fire alarm system, etc.
PREVIOUS RELEVANT BOCC ACTION: On November 20, 2001, the BOCC approved the
construction and occupation agreement for the Department of Juvenile Justice Building.
CONTRACT/AGREEMENT CHANGES: New agreement
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: N/A
BUDGETED: Yes N/A No
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes~ No
AMOUNT PER MONTH $3.750 Year $45.000
APPROVED BY: County Atty. _
OMB/Pwc~_ Risk Management_
{] 62-' ,
Dent Pierce
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included --L
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # (/ ~
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: State of Florida. Department of
Juvenile Justice
Contract #
Effective Date:
Expiration Date:
6/28/2049
Contract Manager:
Beth Leto
(Name)
4560
(Ext. )
Public Works - #1
(Department/Stop #)
A enda Deadline: June 29, 2004
Total Dollar Value of Contra
Budgeted? YesD No D
Grant: $
County Match: $
Current Year Portion:
Account Codes:
Estimated Ongoing Costs: $ n/a
Not included in dollar value above
ADDITIONAL COSTS
/yr. For:
e. ., maintenance, utilities, 'anitorial, salaries, etc.
CONTRACT REVIEW
Changes
D~t~Jn II Needed
Division Director _b1mo -+- YesD NoD
Risk Management ~/26ld'f YesD No~
O.M.B./Purchasing O~? jh yYesD NoD
County Attorney C, / 2--'1/ f)'f YesD No~
Comments:
OMS Form Revised 2/27/01 MCP #2
MAINTENANCE AGREEMENT FOR DEPARTMENT OF JUVENILE
JUSTICE DETENTION CENTER IN MONROE COUNTY
This Maintenance and Repair Agreement is made and entered into
between the State of Florida, Department of Juvenile Justice ("DJJ") and
Monroe County ("County"), a political subdivision of the State of Florida.
WITNESSETH:
WHEREAS, the state of Florida, Department of Juvenile Justice (DJJ)
has entered into a construction and occupation agreement for a Juvenile
Justice facility with the Monroe County Sheriffs Office and Monroe
County, said agreement being attached and incorporated within this
agreement as Exhibit A; and,
WHEREAS, DJJ owns the Ground Floor and First Floor of the
Juvenile Justice Center located at 5503 College Road, Key West, Florida;
and,
WHEREAS, the Florida Legislature has determined that the operation
of needed residential and detention facilities for juvenile offenders is
critical to the public health, safety and welfare of the citizens of the
community and to the effective rehabilitation of juvenile offenders; and,
WHEREAS, DJJ and Monroe County desire to collaborate in the
maintenance of the frrst floor of the Juvenile Justice Center; and
THEREFORE, DJJ and Monroe County agree to the following terms
regarding the maintenance and repair of the first floor of the Juvenile
Justice Center:
ARTICLE I - TERM
1. The term of this agreement shall be concurrent with the term of
the Construction and Occupation Agreement between DJJ, Monroe
County Sheriffs Office and Monroe County (Exhibit A), which ends
at midnight, June 28, 2049.
2. The agreement amount agreed to herein will be reviewed in March
of each year by both parties and may be adjusted through a
mutual letter of understanding that would then become part of this
agreement.
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06/23/04
3. Either of the parties hereto may cancel this agreement without
cause by giving the other party sixty (60) days written notice of its
intention to do so. In order for DJJ to terminate this agreement, it
shall pay all costs incurred on a pro rata basis.
ARTICLE II - CONSIDERATION
1. As consideration for Monroe County providing skilled
multidiscipline labor per the attached Scope of Work (Exhibit B) for
the repair and maintenance of the first floor of the Juvenile Justice
Center (Juvenile Detention Center), DJJ shall pay the County Forty
Five Thousand Dollars ($45,000.00) per year.
2. As provided in Article V of the Construction And Occupation
Agreement For Juvenile Justice Facility In Monroe County (Exhibit
A), DJJ and the County will pay equal shares for maintaining the
two Elevators and Fire Suppression System. In addition, included
is the equally shared expense of maintaining the Building
Automation Systems and the Fire Alarm System. DJJ's shared
cost for maintaining these systems may be adjusted from time to
time and shall be invoiced by the County and paid by DJJ as
described in paragraph 3 below. DJJ's current portion of the
annual cost for maintaining these systems is Thirteen Thousand
Nine Hundred Two Dollars ($13,902.00).
3. Payments shall be made to the County quarterly in arrears and
pursuant to Florida's Prompt Payment Law. County shall invoice
DJJ quarterly. The requirement for final payment of monies due
for services rendered shall survive the term of this agreement.
4. All material or equipment required for the maintenance or repair of
the Juvenile Detention Center will be acquired by DJJ. A Purchase
Order System shall be established whereby Monroe County is to
submit a Purchase Order Request to DJJ. DJJ will then directly
purchase from the vendor all required material or equipment and
make said materials and equipment available to the County in
order for the County to perform the requisite maintenance and
repair. All material or equipment purchased by DJJ will be
dedicated for the Juvenile Detention Center's use.
5. With the exception of shared services, any and all servIces of
Contractors that are deemed necessary for the repair or
maintenance of the Juvenile Detention Center that is outside the
attached Scope of Work (Exhibit B) shall follow the Purchase Order
System described in the preceding paragraph.
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06/23/04
6. If it is deemed necessary to expedite a purchase or Contractor's
services, DJJ can request in writing that the County proceed with
the necessary purchase or service. The County would then invoice
DJJ at the next quarterly invoice for the actual costs that were
incurred. These costs are in addition to the sum d.escribed in
paragraph 1 and paragraph 2 above.
7. Any service calls that are required beyond what is stated in the
attached Scope of Work (Exhibit B) will be invoiced by the County
to DJJ per the following:
A. Labor costs for service calls during normal working hours
(7:30 AM to 4:30PM) Monday through Friday, excluding
holidays shall be $35.00 per man-hour.
B. Labor costs for service calls during hours other than normal
working hours as stated in the preceding paragraph
(premium time), including holidays shall be $52.55 per man-
hour.
8. The parties shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in
accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their
authorized representatives shall have reasonable and timely access
to such records of each other party to this Agreement for public
records purposes during the term of the Agreement and for four
years following the termination of this Agreement.
9. Non-Reliance by Non-Parties. No person or entity shall be entitled
to rely upon the terms, or any of them, of this Agreement to enforce
or attempt to enforce any third-party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the
County and DJJ agree that neither the County nor DJJ or any
agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular
individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart,
inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
ARTICLE III - LIABILITY AND INSURANCE
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06/23/04
1. DJJ and the County are agencies of the State of Florida, or political
subdivisions thereof, as defmed in Section 768.28, Florida
Statutes. The Parties hereto agree that each shall be responsible
for any and all claims, suits, actions, damages and/ or causes of
action arising during the term of this agreement for any personal
injury, loss of life and/or damage to property sustained,in or about
the Property by reason or as a result of the negligence or tortious
conduct of their agents, employees, licensees, and invitees in the
manner provided in Section 768.28, Florida Statutes, as amended
from time to time, or any other law providing limitations on claims.
ARTICLE IV - OTHER OBLIGATION UNDER THIS AGREEMENT
1. If DJJ or the County fail to perform any other obligation of this
Agreement, then the party to whom the obligation was owed may
give the party responsible for the obligation written notice. If the
party to whom the notice is directed fails to cure its non-
performance within 60 days after notice was sent, the party to
whom the obligation was owed may perform the obligation at the
expense of the offending party.
2. The requirements of 60 days written notice do not apply when non-
performance creates an imminent danger to the safety of persons
or property. In these cases, the party to whom the obligation is
owed is required to give such notice as is possible under the
circumstances, and the party responsible for the obligation will
reimburse the reasonable expenses of curing the problem.
3. Authority. Each party represents and warrants to the other that
the execution, delivery and performance of this Agreement have
been duly authorized by all necessary County and corporate
action, as required by law.
4. Claims for Federal or State Aid. The parties agree that each shall
be, and is, empowered to apply for, seek, and obtain federal and
state funds to further the purpose of this Agreement; provided that
all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
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 further action on the part of any party,
effective the date of the court order. The parties agree to comply
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06/23/04
with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are
not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-
352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 USC ss. 1681-1683, and 1685-168p), 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 s. 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 s. 1201 Note), as maybe amended from time to time,
relating to nondiscrimination on the basis of disability; 10) Any
other nondiscrimination provisions in any Federal or state statutes
which may apply to the parties to, or the subject matter of, this
Agreement.
6. Covenant of No Interest. The parties 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 Agreement, and that only interest of each is to perform
and receive benefits as recited in this Agreement.
7. Code of Ethics. County 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.
8. No Solicitation/Payment. The parties 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
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06/23/04
secure this 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 Agreement. For the
breach or violation of the provision.
9. Public Access. This agreement may be canceled by either party for
refusal to allow public access to all documents, papers, letters or
other material subject to the provisions of Chapter 119.07, Florida
Statutes, and made or received in conjunction with this agreement.
10. Legal Obligations and Responsibilities: Non-Delegation of
Constitutional or Statutory Duties. This Agreement is not intended
to, nor shall it be construed as, relieving any participating entity
from any obligation or responsibility imposed upon the entity by
law except to the extent of actual and timely performance thereof
by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further,
this Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties
of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
11. No Personal Liability. No covenant or agreement contained herein
shall be deemed to be a covenant or agreement of any member,
officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of
Monroe County shall be liable personally on this Agreement or be
subject to any personal liability or accountability by reason of the
execution of this Agreement.
12. Execution in Counterparts. This Agreement may be executed in
any number of counterparts, each of which shall be regarded as an
original, all of which taken together shall constitute one and the
same instrument and any of the parties hereto may execute this
Agreement by singing any such counterpart.
13. Section Headings. Section headings have been inserted in this
Agreement as a matter of convenience of reference only, and it is
agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this
Agreement.
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06/23/04
ARTICLE V - NOTICE AND ADDRESSES
1. All notices required under this agreement must be provided by
certified or registered mail, addressed to the proper party at the
following address:
For DJJ:
Asst. Secretary for Detention
2737 Centerview Dr.
Tallahassee, Florida 32399-3100
For Monroe County:
County Administrator
Gato Building
Key West, Florida 33040
2. All parties to this Agreement are governmental agencies. To the
extent that this Agreement may extend past the term of office of
any individual noted above, it shall not be necessary for any party
to notify the other of a change of name for any official above in
order for this Agreement to be enforceable.
ARTICLE VI - INTERPRETATION OF AGREEMENT
1. This Agreement shall be interpreted and construed under the Laws
of Florida.
2. If anyone or more of the provisions of this Agreement are for any
reason held to be invalid, illegal, or unenforceable in any respect,
the invalidity, illegality or unenforceability will not affect any other
provision of this agreement, which shall be construed as if it had
not included an invalid, illegal or unenforceable provision.
3. This Agreement constitutes the entire agreement of the parties and
supersedes any prior understandings or written or oral agreements
between the parties with respect to the subject matter.
4. No amendment, modification, or alteration of the terms of this
Agreement is binding unless in writing, dated after the date of this
Agreement and executed by an individual authorized by each party
to enter in binding contacts.
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06/23/04
5. The provisions, terms, or conditions of this agreement shall not be
construed as consent by DJJ or the County to be sued because of
this Agreement or the operation of juvenile justice facility.
6. The parties agree that, in the event of conflicting interpretations of
the terms or a term of this 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.
7. Severability. If any term, covenant, condition or provision of this
Agreement (or the application thereof to any circumstance or
person) shall be declared invalid or unenforceable to any extent by
a court of competent jurisdiction, the remaining terms, covenants,
conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and
provision of this 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
Agreement would prevent the accomplishment of the original intent
of this Agreement. The parties agree to reform the Agreement to
replace any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision.
8. Binding Effect. The terms, covenants, conditions, and provisions of
this Agreement shall bind and inure to the benefit of the County
and DJJ and their respective legal representatives, successors, and
aSSIgns.
9. Adjudication of Disputes or Disagreements. The parties 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 no resolution can be agreed upon within 30 days after
the first meet and confer session, the issue or issues shall be
discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement
or by Florida law.
10. Cooperation. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution,
performance, or breach of this Agreement, the parties agree to
participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities
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06/23/04
related to the substance of this Agreement or provIsIon of the
services under this Agreement. The parties specifically agree that
no party to this Agreement shall be required to enter into any
arbitration proceedings related to this Agreement.
ARTICLE VII - FUNDING AVAILABILITY
1. In the event funding for this agreement becomes unavailable, the
Department may terminate the Contract upon no less than fifteen
(15) days written notice to the County. The Department shall be
the fmal authority as to the availability of State funds.
Performance of the County is contingent upon receipt of annual
appropriations of its budget by Monroe County.
Remainder of page left blank intentionally
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06/23/04
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed on the day and year first above written.
STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE
APPROVED:
Authorized Signature
TypelPrint Signatory's Name
Type/Print Title
Type/Print Date
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA
By:
Attest: DANNY L. KOLHAGE, CLERK
Mayor I Chairperson
Name of Signatory
Deputy Clerk
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06/23/04
EXHIBIT A
('()NSTn lJCTION AND OCCUPATION AGREEMENT FOn
,JUVENIl.E JUSTICE FACILITY IN MONRO},; COUNTY
Tit is Conslruction and Occupation Agreemenl is made and entered
i 1110 het weell the State of Florida, Department of Ju veni Ie Just iee ("I ).1 J''),
!lhc Monroe County Sheri Irs Office ("MeSO"), and Monroe County
("Cl>lIl1ly"), both political suhdivisions or the Slale of I-'loridCl_
WITNESSETH:
WIll ':1\1 ~AS, the Slale of Florida, Department ofJuvcnilc Justice
(I>J1) Ila:-; enlered into II lease agreement with the County for the
COlls/ruetioll and operation ofajuvenilcjustice facility, said Icnse and il!)
lirst alllL~lldll1enL heing attached and incorporated within rhis agreement ,,~
Exhihits A and 13 res[1CClivcly; Lmd,
WlmRI~^S, J)JJ will OWn the First Floor ofa two-story additioll (the
"Addilinll") to the Monroe County Dctcntion Facility and the County will
OWn the Scconu rIom 01" the Addition and;
WI IERGAS, OJJ and Meso desire to collaborate in the fInancing,
construt:tioll and operation oftlle juvenile justice facility; and
WIIERI':^S, UJJ, MeSO, and the County desjr~ to determine their
respective rcs[1ol1sibilitics for maintenance and repair of the Addition; and
WI IEREAS, the folorida Legislature has detcrmined that locating,
siting und development of needed residential and detentioll facilities for
juvenile ofrenders is critical to the public hcalth, safety and welfare of the
citizens orthe community Hnd to the effective rehabilitation ofjuvcnik
o rfcnuers; anu
WI1EIU~^SJ it is irnpOItantth<lt ~uch a facility be located in an.:as
dose to the home communities of the children in order to a~sure the most
cffcClive rehabilitarion efforts HS well as the most intensive pos[ release
supervision and case manngcment; aud
, ~
'IHEI{EFORI~. OJJ, Meso, and the County agree 10 the fOllowing
terms regarding the construction and OCCupancy of the addition containing
th(~ juvenile justice f:Jcilily~
I'nge 1M 12
ARTlel.l: J- TERM
I. 1'lH.: terlll orthis agreement shall be concuncnt with the term of'the
I<lnd lca:-;c bel ween Monroe County and DJ1 (Exhibits ^ and 8.)
2.. III the cventll1<lt DJJ holds over in its tenancy. cEleh pJrly shall
rCfll:,ill respollsible lar compliance with the terrns oCthis Agreement.
ARTICLE II .- CONSTRt JCT10N or F ACI I .JTY
I, UJJ shall be responsible for construction of the Additinl1 pllrsualltto
phlllS <llld specifications developed in coordination with MeSO.
I.. /)JJ shall be considercuthe Owner of the Project for purposes of aI/
construclion contracts and agreements with general contractors, an;hitccts,
clIginccrs, consultants or other professionals required ror construction or the
.juvenile jll~;(ice laciJity.
I III lht' t~vrllt or any C<lsualty inc)udinl1 but not limited (0, lire,
IlllrriclIl\I,:', tmllaJo, or any other casualty th~t is not the l~lldt or I)JJ, sulTereu
by (he Project during construction that damages the Project, but does not
render cOlIlplction of the project impractical, OJJ shall rccei Vc all fund!>
intended fl>r continuation of construction nnd remediation or the Project.
h)r purposc~ or this p:.Iragraph, completion of the project shall be ucemed
ilJlpractic;)1 i r:
;\. The cost of continued construction i:> greater than available
insurance proceeds and the remaining construction budget, or
h. S~id casualty allcrs the lc~sed site or the surrounding land Stich
that J)JJ determilles the loclltion is rlO longer suitable for a juvenile justice
1:lcilj(y.
tl. hI llIL~ event that continuation or completion ofLhc Project is rendered I,
impractical by any casualty including, but not limited to, fire, hurricane,
tornlldo or any other casualty that is not the fault ofDJJ, OJJ and MeSO
shull bc compcnsated Irom insurRnce proceeds in amounts pTOp0l1ionate to ';
their financial contributions to the project budget.
I'ngc 2 0112
S. Prior lo completion of the Project, 0]] shall noti ry MeSO and the
County or the date and time of the substantial completion inspection orthe
. I'rojecl. MeSO (lnd County may provide eommenls lor DJJ's consideration
in compilation of any final punch I ists to be addressed by the general
l:ontructor prior to acceptance of the completed Project. However, DJJ !)hal/
llot be obligated to require the general contractor to make any alterations Or
corn.:c.lion~ not ill compliance with the constmction plans or speci lications.
6. f)JJ shall be responsible for coordination of all warranty work
required undcr its construction contracts and agreements. DJJ shall provide
MeSo and the County with a list of items that are covered by warranty by
any contr~ctor. Upon occupancy by the County of the Second Floor, as
described in Article Ill, the County shall promptly notify OJJ orany ucfects
ill Illalcrjal or workmanship that are covered under warranty from the
general contraclor.
ARTICLE III - OCCUPANCY AND USE
I. The Addilion will be a three level facility. Use and occur~lI1cy of
11""e levels shal/ be as fol/ows: lhe Ground Floor shall consist uCthe parking
area; camera-operated secured elevator and entrance to the Addition and
~tructural Supporl for the First and Second Floors. For purposes of this
agreement the unsecured mca ofrhe Ground Floor shall be considered a
Common Area for those using the Addition.
2. The First Floor shall be occupied by DJ] Cor the operation uf a forty-
II ve (45) bed res i den t; al j uvenite f(lc i Ii ty. Said resident; a I C aci lit y may
contain both a secure detention facility and a residential juvenile program.
OJ) may contract with a third party (Provider) for any or all operations of
the detention f<lcility or residential program. Any such provider shall
indelllnify and hold harmless the Counly. Departmenl of Juvenile Justice,
and MCSO for any tOlluolls acts pursuant to the provisions or Section
7(,X.2H, Florida Statutes and comply with any insurance requirements orthe
attached Exhibits A and B. Eaeh provider's individual contract anti sublease
whether in privity with D11, the County or MeSO, will specificully contain
provisions for propcr indemnification and hold harmless agreemcnts as
mentioned. including insurance requirements noted in Exhibits A and B.
, ,
J. The County will OWn the Second Floor. The County may Use the
Second Floor lor;}ny J:twful government purpose, illduding, without
P;tgc J of 12
hili i I "I i 1111. lea, ing tu pri vale nOIl-pro/; I ogeocies. However. Ihe CoolIl y 1110 Y
lIot liSt: or permit use or the Second ]'1001' in any manner that u'nreasollahly
, illler(crcs with tllC operation ortl\l.~.illvellilcjusticc facility. The County
lIlust require allY tenant of the Second Floor to agree 10 indelllnify OJ1,
Meso, :tlld the County, and comply with the insurance requircrn~llt~
previously <.k~scribed. Indemnification agreements will not be required or
lCII;lnts 11':11 arc agcncie~ or the United Stilte.'> 01' Stale of f-'l(},.id~,
't. ^ ny Operator or Lessee not an original party 10 this AgrCClllerll lIlust
agree ill writing to abidc by its terms a~ a condition of any contract, lease, or
agreement perl11iuing use of the Addition.
S. A rter OCCUp~lncy) the County or MeSO may makc IlOIl-sll1lctlIr<t!
alterations, additions, or improvements to the Second Floor after reasonable
~Idvallce wri((cn notice to DJJ.
(1. The Coullty warranls to DJj that it owns lawful title to the leased
Property.
ARTICLE 1 V - CONSIDERATION
I. A~ consideration for OJl's construction of the Addition and
;'lgrCC1llcnt to operate a juvcnile justice facility on the first Floor, MeSO
sh~11 contribute Three and One-half Million Dollars ($3,500,000.(>0) towilrd
I he collst,uctioll of Ihe Addition. DJJ ,hall contribute Four Million Eighl
Iluudrcd Ninety Five Thousand four Hundred Dollars ($4,895,400.00) 10
t111~ project ,mcl provide all cOnstruction related services througb its
contractors, engineers, architects, and other professionals.
2. flayrllent shall be made as follows:
a. DJ] shnll make monthly progress payments to its cllnlrnctor
ulltil il has r:1id Eighty Percent (80%) of it~ total contribution of
. $4)N5,4ll0.00, or $3,91 6,320.00.
"
h, When 01J has paid 80% of its lotal contribution, MC~O shall
\,
bcgin p;lyillg its contribution to DJ),
I;, MeSO shall PClY its contribution in this manner:
Page 4 or I J.
i. When a request for a monthly progres~; payment ;:-;
suhlllltkd by 1 )JJ 's contractor, construction managers for D.lhmd the
('Ill/Illy .')/1all review it and inspect the work.
ii. When the construction managers determine that the work
'i., 'al" [Iclory and f)]] delerm ine, that paymenl is due under the e'''''lllIet ioo
C<IIIII:I<.:I, MeSO shall pay thc monthly progress paymcnt (suojcct [0 allY
cn.:dil due to partial payment by DJJ.)
d. MeSO shall transmit funds to DJ] electronically or by check or
uraf'!, as J)JJ inSlll.lct$.
c. Alter Meso has p<lid its contribution, OJJ will pay the
rClI\aining 10% of' its contribution according to the terms or its constructioll
COlllr:1CI.
^RTJCU~ V - MAINTENANCE ^ND OPERATING COSTS
I I:M 'II PARTY MAINTAINS rrs PREMISES: DJ] and the COllnly
skd I IJ~.. ICSpUIlSibl~ l~)r their Own respective operating costs of the First and
Second 1;loors.
2. UTI LITES: Water and e1eclric service will be provided to ellch floor
and metered scpar~teJ y. Dj] and the County will pay their OWn costs for
lhLSC snviccs. OJ] will pay the cost of tapping into a new sewer line to be
constructed. I)JJ and the County will fJirly apportion the costs of S(~Wer
service al1er installation.
J, E1.1N ATOR MAJNTENANCE: DJ] and Ihe County will pay equal
shares of the costs of maintaining elevators installed in the Additioll.
'1, JANITORIAL SEI{VICE: DJ) and the County will be responsible for
providil)l~ j,mitori;d service to their noors.
5. (jl{OlJND FLOOR MAINTENANCE: MCSO will he rcsponsihlc for
keeping the parking lot and walkways swept. DJ) will be responsible for
mallllenanee 01' conCrete and asphalt surfaces, including striping parking "
<.Ire(\S
Page S or /2
(,. I,XILIUUI( PAINTING: O.IJ alld the Coullly will ''''y equal share, 01
lhe costs of't:xlerio!" painting ()rth~ ^ddilion. lfthe Coullly Public Works
Depart '" CII I docs Ihe pai III i II~. I))] wil I reimburse Ihe COUIII y ollc-h" I r Il r Ihe
cost.
~. 'NTI:I( lOR f> A I NT! NG: OJ J and I he COOllt y will be resl",n, i hi c lor
il)terim P;lllllillg ot"IIH.:ir respective.: noors
x. 1'11(1; ~Uf'I'R"~SION SYSTEM: DJJ alld the COUllty will [lilY''',
equ~l :,h;trc orlhe cosls ofmail1taining the fire Suppressioll system. rrthe
COUllty PlJblic Works Dep~rtl11CIlI pertorms the maintenance, OJJ will
leilllbllrse lilt.: Coullty <me-half Oflhe cns!.
'). LI'NCI::S AN J) GATES: J)JJ wi II pay for relocation 0 r Ihe ex isti lit:
vehicle ~ate hUIlhe COunty sholl bc responsible for its future Illainlenance.
J)JJ will he responsihlc lor Illilintuininc the any new (enees or catcs in."alled
hy D.I.I.
10. ^(:( l~SS CONTl{OL 1\ NO DUORS: OJ] and lll~ Counly will he
l\'spoll.\ihlc for fll:.tilllaining ,ICCCS:--o- cOlltrol syslems and doors Oil their
r~spective Hoor::;,
t I. IIV AC: DJJ and Ihe County will be responsible (or Illailltaining any
11VAC systems illsLallcd,on1.hcir respective floors.
!2. (iENERATORS: I)JJ will install a 1500 kW electric generator with
PJrallc:JillC equipment to permit it to run separately or in conjunction with
MeSO's existinG ~el1eralor. DJ] and MeSO will be responsible for
maintaining their Own generalors. Each generator may be used a" a back.up
gClJer~lIor lor olher party's emerGency LIse.
11. TELl 'PHONICS AN/) INTERNET ACCESS: J)JJ will be solely
rt.:.sp()I1~;ibk for providing telephone service and internet ~Ccess for its use.
H: It DO I': DJ J is re<ponsihle lorthe costs o( repair and replace, nen' "l
lhe roof or tlw Addition.
I.'>. TENANTS AND OPERATORS: DJ] and MeSO shall not be
rc'ponsib!c lor any costs relalcd to the OCCupancy of each respective nour by
;1 COlllr;lClcu OperalClr or r .es::;cc with WllOln it has no privily or contract.
"
PI\r,c (I uf 12
Thi:-; <l~'.n:ClI\el\l is not intcndcOlo confer rights upon allY (hird parlies anJ is
solely for the bene/it or DJJ. Meso. and the County.
ARTICLE VI.- 1.l^13JLITY AND lNSURANCI':
I. ()J.I, MeSO, and the County are agencies of thc StalL orJ:lorid:1, or
polillr;d .\I/hdivisiolls lhereof, ;.IS Jefined in Section 7MC2R, Florida SlatlJtc~.
The parlie, herelo agree Ihal each shall be responsible lor any rllld all claims. ..
:-.uirs, actiolls, oamages and/or causes of action arising during the tcrm or this
I ,ease for (lny personal injury, los~ of life and/or damage (0 propcrty
suslained in or about the leased Property by reason or as a result of the
negl i gellet.: or tortuous COnduel 0 r Ihei I' agents, employees, I iecnsccs, <lnd
illvilces ill the umnncr provided ill Section 768.28, Florid<l Slatlltes (2001).
Nothing herein :-;\1all he construed as (l waiver of sovereign immunity
enjoyc<..l by any party hereto, as provided in Section 768.2R, rlnrida Statutes.
a:-; flllH:nded Ii-om time to limc, Or any other law providing limilations on
cl~\ill1s. AllY such Contract provider, I,cssce or Sublessee of either party
shall indl~fll ni(y and hold htlrmless the County, Department of Juvenile
Jusricc, ,lIld MeSO for any (()rtIJOU~ <lets pursuant to the provisiolls or
Sl:etiOIl -/(dC28, 1:lorida Statu!cs (lnu comply with any inslIrance
reyuirclllt.:nls of Exhibit A and 13. Indemnification agreements will nut be
required of tenants th~t arc :..\gencics of the United States or Slate of florida.
2. PlIrSU<.lllt to its obligations in Exhihit A and H, DJJ shedl prOCure
illlonlaintain adequate fire and extended risk insurance coverage for any
jlllprOVCIIIl~ll(S or ::;tructlJres located on the Addition in amounts not less than
the ftlll inslll-"blc replacement value of slJch improvements by preparing and
delivering to the Division of Risk Management, Department of Insurance, a
Compleled Florida Fire Insurance Trust fund Coverage Request form
i In m ed i a lei y II po II ereelion 0 f any s true lures. 1-Iowever, Mon roc County shall
reimburse J)JJ f'or the County's proPortionate share of the premiullI, based
011 sqll;ln: foot:lgC of the second floor, upon request from DJJ, unless
01 herw i s" a l~reed ill wri Ii 11 g be I ween I he pa,ti es. Li kcwi se. i r a Joss ncc u rs.
1)JJ skill reimburse the County proportionntely for its loss from thc proceeus
ill J<.;Curuance with the limits of Ihe policy.
3. The Clllltraclor during construction shall maintain complcled value
hlJjld~rs risk insurance and shall namt: DJJ as "additional imured". III the
event a loss OCcurs, should 011 elect not to rebuild or repair, DJJ wuuld
Page 7 Ill' 12
reimburse the County Proportionately for its loss trom the proceeds in
/'lj)dancc with the limits of liability in the builders risk PQlicy.
~ ARTICLE VII - USE OF COMMON AREAS
!I. Elevators, stairs, parking areas within fenced perimerer, grounds
within fenced perimeter, and walkways shull constitute the Common Areas
OrUle Addition. The Common Areas of the building are for the joint Use of
DJJ, MCSO, and the County, as wef) as their officers, employees, agents and'
invitees including any Operator or Lessee of DJJ, MCSO, or the County.
Any and all such persons shaH use the common areas in a reasonable,
orderly, and sanitary manner in cooperation with all other OCcupants and
their officers, employees, agents and invitces.
2. Each occupant will conduct itself and will cause its officers,
employees, agcnl'l, nnd invitees to conduct themselves with full regard for
the rights. convenience, and welfare of all other occupants in the facility.
ARTICLE VIII - MECHANIC'S LIENS
I. No Operators or Lessees will permit any mechanic's lien or liens to be
placed on the Property or on improvements on them. If a mechanic's licn is
filed, it shall be the sole responsibility of the Operator Or Lessee causing the
lien to be filed to discharge the lien and to hold harmless and defend DJ),
MCSO, nnd the County against enforcement of such lien. Provisions
concerning State not being subject to liens shall be placed in every contract,
lease Or sublease that DJJ, MCSO, and the County has with such provider,
operator, lessee, or sublessee. DJJ, MCSO, the County and their Operators
or Lessees shall give notice to nil contractors before making improvements
on the Property of this provision of this agreement.
ARTICLE IX - SPECIAL CONSrDERA TrONS
I.
Payment by MCSO's share of construction budget
"
If MesO fnils to pay its agreed share toward the construction of the
j u ven i I e j liS Ii ce fn ei Ii t)>, D JJ may proceed wi th constructi all of a j uven i Ie . .
justice facility of its own design pursuant to its lease with the County. At
that time, any amendment in existence to the ground lease between DJ] and
the County which allows ownership or use by the County Oflhe second floor
Pace 8 of 12
oflhe Additioll will be considered lIulI alld void unless stated otherwise ill
writing by OJJ.
. 2. Operation of juvenile justice facility
It is understood it is DlJ's intent to operate a IS-bed dctcntion and JO-
bed residcnlial program at the site in accordance with the terms and
conditions of the VOlfTIS grant. Should OJ) be unable to operate the facility
for a period in excess of three years OJ) will allow the County to utilize the
facility during the period of non-use so long as it conforms with restrictions
and conditions, if any, of the Office of Justice Programs. 011 will COntinue
to sharc in routine maintenance and repair costs during the period 0 [non-
use. Fu'thermorc, the County agrees to turn the facility back over to 011
upon sufficient written notice that DJ) intends to resume operation at the
1~1Ci I it y.
J. Other obligations under this Agreement
a. If 011, the County, or MCSO fail to perform any other
obligation of this Agreement, then the party to whom the obligation was
owed may eive the party responsible for the obligation written notice. If the
party to whom the notice is directed fails to cure its non-pcrfonnance within
60 days after notice was sent, the party to whom the obligation was owed
may perform the obligation at the eXpense of the offending party.
b. The rcquirements of 60 days written notice do not apply when
non-performance creates an immincnt danger to the safety of persons or
property. In these cases. the party to whom the obligation is owed is
required to give such notice as is possible undcr the circumstances, and the
party responsible for the obligation will reimburse the reasonable expcnses
of curing the problem.
ARTICLE X - NOTICE AND ADDRESSES
I. All notices required under this agreement must be provided by
certi r;ed 0 r reg istered mai I, addressed 10 the proper porty at the roll 0 wing
address:
"
Page 9 of 12
For DJ1:
Kenneth MostYIl) Construction Projcct Adl1lillislralor
Department of Juvcnilc Justicc
2737 Centcrview Drive
Tallahassee) Florida 32399-3100
For MeSo:
Richard D. Roth) Sheriff of Monroe County
Monroe County Sheriffs Office
5525 College Road
Key West, Florida 33040
For the County: James Roberts, County Administrator
Public Service Building
College Road
Key West, Florida 33040
1 All parties to this Agreement are governmental agencies. Tn the
cxtent that this Agrcemcnt may extend past the term of office of nny
individual noted above, it shall not be necessary for any party In notify the
other of a change of name for any official above in order for 'his Agreement
to be enforceable.
I. This Agreement shall be interpreted and construed under tlle Laws of
Florida. Venue shall be in the Second Judicial Circuit in and for Leon
County.
ARTICLE XI - fNTERPRETATION OF AGREEMENT
2. I f anyone or more 0 f tlle provisions of th is Agreement are for any
rcason held to be invalid, illegal, or unenforceable in any respect, the
invalidity, illegality or unenforceability will not affect any other provision of
this agreement, which shall be construed as if it had not included in invalid,
illegal or unenforceable provision.
. 1. Th i s A greem ent co ns ti I utes the entire agreemen I 0 f the pa rt i es and
SUpersedes any prior understandings Or written Or oral agreements hetween
the parties with respect to the Subject matter.
, .
, ,
4 . No amendment, mod i fica Ii on or al temtion 0 f the I erms 0 f this
Agreement is binding unless in writing, dated subsequent tn the date "fthis
rage I 0 of" 12
Agreement "nd executed by an individual authorized by each party to enter
into binding contracts.
. 5. The provisions, terms or conditions of this agreement shallllO( be
construed as consent by D11, MeSO, or the County to be sueu bec,ausc this
Agreement or the operation of a juvenile justicc facility HS anticipaled
herein.
ARTICLE XII - MISCELLANEOUS PROVISIONS
I. The State of Florida's performance and obligation to pay under this
COntract is contingent upon an annual appropriation by the Legislature llS
.pecifically outlined in Section 255.2502, Florida Statutes. Performance by
MeSO, other than contributions to the construction budget, is contingent
upon reccipt of annual appropriation of its budget by the COUI\(Y.
2. Provisions of this agreement regarding DJJ's responsibility (()r
construction arc subject to DJJ receiving budgetary spending authority from
the Lcgislature. In the event the Legislature does not approve D11's request
for ~pcnding aUlhority in excess of its intended contribution to the
construction of the juvenile justice facility, DJJ and MeSO reserve the right
to amcnd thi!> agreemcnt to provide for an alternatc method of arranging for
ConstnJction without altering any other provisions of this agreement related
to the OCCUpnncy and use of the juvenile justice facility.
3. Before the juvcnile justicc facility is rcady for Occupancy, D11 and
Meso will work togcther to seCUre food service, laundry, nnd medical and
dental eare for residents of the juvenile justice facility in coordination with
Meso's Burcau of Corrections and the vendors who currently provide such
services. The objective of this effort is to achicve cost savings and efficient
delivery of services. Neither MCSO nor the County has any financial
Obligation by reason oflhis section. It imposes on MCSO only an obligation
to participate in negotiations with current and future vendors and to
coordinate the delivery of any such services provided by MCSO now or in
the futllre. 011 shall reimburse MCSO the reasonable costs of any sel'lices
provided hy Meso to the residents of the juvenile justice facility.
.;,
(Remainder of page intentionally bllUlk-signntmc page follow-;)
Pace II of t 2
IN WITNESS WIll~nE()F, lhe p;lrtics have caused this AgrccllIt:lIll0 he
l~XCClllcd 011 the day illlll year first uhovc written.
2Z:N'I;I2?~ OI;I'ICE
- '.'--"'~_.
Sheriff Rjehaf'd U. HoOI
DRtc: ~0 r
Slale Ill' Flulld..
l'llunly or MOIlrO~
Before Ille. Ihe undersigned authol'ily, personally appeared Sheriff Richart! I).
I{(lth, to c personally known and acknowlcdged that he ~ignt.:d Ihe forc~ninl'. for thl:
lcrein exp 'l;'cd.
Ffl IN.. OT^RYS"^L
ANNIiTT'ti D"RR1OS
NOrMY l'UIlUC!>I'^TI:Of I-WRIDA
COMMIS610N NO. CC7:l74(,()
MY COMMISSION rxl'. "N. 15,1002
,,:y ""hlie si~tc 0 Floridn -S
STA'n: OF 1"LOIUDA, DIi:PARTMENT OF JUVENILE JUSTICE
Al'pnOVE)):
~~~Si -at~ ----.
~::[~~. . _ ",con
Type/Prill( Slgna(ory's Numc
o
_.-lliJ.llliY S~~r,t,:tary
TypclPrint Title
10- "l..'.....-IJ
.---.-., ..-............
TYI'K:/Prinl Date
nOAIU) OF COUN
By:
Attest: DANNY L. KOLJlAGE, ('Inlt
.OMMISSIONERS OF MONROE COUNTY, ft'LOl{II)A
Dale:
Mnyor/( hairpcr.son
~Cnt/
Name of Sign~(ory
_It/dO ;4.
o-rtl;w. ,/
B
,
.
"
EXHIBIT B
SCOPE OF WORK
,DEPARTMENT OF JUVENILE JUSTICE DETENTION CENTER
. 5503 COLLEGE ROAD, KEY WEST, FLORIDA'
PREVENTATIVE MAINTENANCE/REPAIR COMPONENTS
1) HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS
A) Chillers-Water Cooled; daily, monthly, quarterly or annual
preventative maintenance activities shall include the
following:
1) Inspect unit for proper operation, excessive noise or
vibration
2) Run system diagnostics
3) Check oil level and oil temperature; add oil as
necessary
4) Check refrigerant pressures; add as necessary
5) Check contactors, sensors and mechanical safety
limits
6) Perform spectrochemical analysis of compressor oil
7) Check electrical wiring and connections; tighten loose
connections
8) Inspect cooler and condenser tubes for leaks
9) Check evaporator and condenser for corrosion
10) Clean chiller and surrounding area
B) Air Handling Units - Quarterly or annual preventative
maintenance activities shall include the following:
1) Check controls and unit for proper operation
2) Inspect for unusual noise or vibration
3) Clean coils, evaporator drain pan, blower, motor and
condensate drain piping, as required
4) Lubricate shaft and motor bearings
5) Check belts for wear, proper tension, and alignment;
adjust as necessary
6) Inspect exterior piping and valves for leaks; tighten
connections as required
7)' Check operation and clean dampers and louvers;
lubricate all pivot points and linkages
1
()(,j0'1j04
8) Replace air filters
9) Replace out side air filters
10) Clean area around equipment
C) Exhaust Fans Quarterly preventative maintenance
activities shall include the following:
1) Start and stop fan with disconnect
2) Check motor and fan shaft bearings for nOlse,
vibration and overheating; lubricate bearings
3) Check belts for wear, tension and alignment, if
applicable; adjust as required
4) Check electrical wiring and connections; tighten loose
connections
5) Clean fan and surrounding area
D) Assist Building Automation Controls Contractor with
quarterly PMs for building HVAC controls and VAV boxes
E) Work with detention personnel in adjusting building controls
to maintain occupant comfort levels
F) During normal working hours, provide up to ten man hours
per month of service related calls
2) PLUMBING
A) URINALS, TOILETS, LAVATORIES AND SHOWERS
Monthly preventative maintenance activities shall include
the following:
1) Flush and check for proper operation; make mmor
adjustments if required
2) Inspect for missing or damaged parts
3) Observe drain flow of lavatories, clean trap if flow IS
obstructed
B) VERTICAL LIFT WATER PRESSURE PUMP - Quarterly
preventative maintenance activities shall include the
following:
1) Check for proper operation of pump
2) Check for leaks on suction and discharge piping, seals,
packing glands, etc.; mal{e minor adjustments as
required
2
06/04/01
3) Check pump and motor operation for exceSSIve
vibration, noise and overheating
4) Lubricate pump and motor
5) If available, check and record suction or discharge
gauge pressure and flow rate
6) Clean exterior of pump and surrounding area
C) During normal working hours, provide up to ten man hours
per month of service related calls
D) During other than normal working hours (premium time),
provide up to ten man hours per month of service related
calls
E) Assist Fire Protection Contractor with sprinkler inspections
and testing
3) ELECTRICAL
A) EMERGENCY DIESEL GENERATOR - Monthly preventative
maintenance activities shall include the following:
1) Check engine oil level; add as required
2) Check battery charge and electrolyte, add water as
required; check terminals for corrosion, clean as
required
3) Check that crank case heater is operating
4) Check wiring, connections, switches, etc.; adjust as
required
5) Check belts for wear and proper tension
6) Maintain a generator log where operating hours, water
temperature and oil pressure are recorded
B) PANELBOARDS - Semi-annual preventative maintenance
activities shall include the following:
1) Remove and reinstall cover
2) Check for discoloration, hot spots, odors, nOIse,
vibrations and charred insulation
3) Clean and check general condition of panel.
C) Assist Fire Alarm Contractor with fire alarm inspection and
testing
3
1)(,!O'1!Wl
D) Assist Generator Contractor with the established emergency
generator maintenance and testing
E) During normal working hours, provide up to ten man hours
per month of service related calls
4) DOORS AND HARDWARE
A) SWINGING SECURITY DOORS - Semi-annual preventative
maintenance activities shall include the following:
1) Remove obstruction that retard full movement/swing
of door
2) Check swing of door. Door must latch on normal
closing, perform minor adjustments as necessary
3) Test operation of locking mechanisms, perform minor
adjustments as necessary
4) Check operation of special devices such as door
position switches or magnetic door releases, perform
minor adjustments as necessary
5) Lubricate hardware
B) ROLL-UP OVERHEAD DOOR - Semi-annual preventative
maintenance activities shall include the following:
1) Check for proper operation, binding or misalignment;
perform minor adjustments as necessary
2) Check and lubricate door guides, pulleys and hinges
3) Inspect and lubricate motor gearbox, drive chain (or
belt), and motor; perform minor adjustments as
necessary
4) Check operation of limit switch; perform minor
adjustments as necessary
5) Check electrical operator, wiring, connections and
contacts; perform minor adjustments as necessary
6) Clean area around door
C) During normal working hours, provide up to ten man hours
per month of service related calls.
5) EXCLUSIONS
A) Janitorial and/or custodial service or activities are
specifically excluded from this scope of work
4
O(,/O'l/O'l