01/18/2023 Agreement GVS COURTq°
o: A Kevin Madok, CPA
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�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
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DATE: January 25, 2023
TO: William DeSantis, Director
Facilities Maintenance
Chrissy Collins
Executive Administrator
Alice Steryou
Contract Monitor
FROM: Liz Yongue, Deputy Clerk
SUBJECT: January 18th BOCC Meeting
The following item has been executed and added to the record:
C5 Lease Agreement with Florida House Representative, James ("Jim") Mooney, Jr.,
for office space, Room 2-235, at the Murray E. Nelson Government Center in Key Largo, at no
charge.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
LEASE AGREEMENT
This Lease Agreement, made and entered into this 181h day of January, 2023, by and
between Monroe County, Florida, a political subdivision of the State of Florida, whose address
is 1100 Simonton Street, Florida 33040, ("Lessor" or "County"), and James Vernon ("Jim")
Mooney, Jr., Representative, as a member of the Florida House of Representatives for District
120, whose address is 402 South Monroe Street, Tallahassee, Florida 32399-1300, ("Lessee or
"Representative Mooney").
WHEREAS, the County leases premises to other governmental agencies and elected
officials servicing the Monroe County community; and
WHEREAS, Rep. Mooney has requested use of County office space for use as a District
120 office space; and
WHEREAS, the County has determined that it is in the best interests of Monroe County to
provide approximately 176 square feet of office space at the Murray E.Nelson Government Center,
located at Room 2-235, 102050 Overseas Highway, Key Largo, Florida 33037; and
WHEREAS, County staff have already negotiated the terms of the lease and it is necessary
for the Board to ratify those terms retroactive to the start of Representative Mooney's term of
office.
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein,
the parties agree as follows:
1. Contract Term and Renewals. This agreement is for a term to commence
retroactive to November 3, 2022, and terminate on November 5, 2024. There is no automatic
renewal of this Lease at the expiration of the initial term. The Lessee shall have the option to
renew the Lease, however, as long as the Lessee is in compliance with the terms of the Lease, and
upon mutual agreement of the Lessor and Lessee and approval by the Board of County
Commissioners.
2. Demise of Premises. The County leases to the Lessee approximately one hundred
seventy-six (176) square feet of office space at the Murray E. Nelson Government Center, Room
2-235, located at 102050 Overseas Highway, Key Largo, Florida (hereinafter "Premises"), to be
utilized by Representative Mooney for a District 120 office space for his own official use and to
meet with constituents.
3. Rental Fee and Utilities. The rental fee for the Premises is Zero dollars and no/100
cents ($0.00) per year, which includes utility services, such as electric, water, sewer, and solid
waste collection. If Lessee is required to have telephone or internet service,which is not connected
in any manner to the County telephone and internet service, which the County will provide, then
Lessee shall arrange for and pay for those services at his own expense.
4. County Responsibility. The Board of County Commissioners ("BOCC") shall
direct its Administrator, Departments Heads, County Attorney, and staff to provide certain
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facilities and support to the Lessee as can be provided without requiring an increase in personnel,
any purchase or lease of real or personal property, or any other out-of-pocket expenditures.
5. Relationship of Parties. The Lessee is,and shall be, in the performance of all works,
services, and activities under this Agreement, a government entity independent from the BOCC or
Monroe County and not an employee, agent, or servant of the County. Representative Mooney
shall exercise control, direction, and supervision over the means and manner of personnel and
volunteers through which he performs the functions of his office. Although this Agreement is a
cooperative agreement, similar in many respects (but not all) to a partnership, Representative
Mooney 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 Lease
Agreement. The County shall at no time be legally responsible for any negligence, gross
negligence, or intentional conduct on the part of the Lessee, his employees, agents, or volunteers
resulting in either bodily or personal injury or property damage to any individual, property, or
business entity.
6. Quiet Enjoyment and Right of Use. Upon the observation and performance of all
the duties, covenants,terms, and conditions on Lessee's part to be observed and performed,Lessee
shall peacefully and quietly hold and enjoy the subject premises for the term hereby demised
without hindrance or interruption by Lessor or any other person or persons lawfully or equitably
claiming by, through, or under Lessor, subject, nevertheless, to the terms of the Lease.
7. Unauthorized Use. Lessee shall, through his agents and employees, prevent the
unauthorized use of the leased Premises or any use thereof not in conformity with this Lease.
8. County's Right of Entr. Lessor reserves the right hereunder to enter upon the
Premises at any reasonable time, with advance notice, for any purpose connected with the
performance of the Lessor's obligations under this agreement or in the exercise of its governmental
functions.
9. Amendments. No modification, amendment, or alteration of the terms or
conditions contained herein shall be effective unless contained in a written document executed by
Lessor and Lessee, with the same formality and of equal dignity herewith.
10. Breach and Penalties. The parties agree to full performance of the covenants
contained in this Agreement. Both parties reserve the right, at the discretion of each, to terminate
the services in this Agreement for any 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 declaring a forfeiture for any succeeding breach either of the
same conditions or covenants or otherwise.
11. Indemnification and Hold Harmless.
a) To the extent permitted by law, and as limited by Section 768.28, Florida
Statutes, the Lessor shall defend, indemnify, and hold harmless Lessee and
its officers, employees, or agents from any and all liability, losses or
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damages, including attorneys' fees and costs of defense,which Lessee 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 resulting from the negligent performance of this contract by
the Lessor,its employees,officers,and agents. Lessee shall promptly notify
the Lessor of each claim, cooperate with the Lessor in defense and
resolution of each claim, and not settle or otherwise dispose of the claim
without the Lessor's participation.
b) To the extent permitted by law, and as limited by Section 768.28, Florida
Statutes, Lessee shall defend, indemnify, and hold harmless the Lessor and
its officers, employees, or agents from any and all liability, losses or
damages, including attorneys' fees and costs of defense, which the Lessor
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 resulting from the negligent performance of this
contract by the Lessee, its employees, officers, and agents. The Lessor shall
promptly notify Lessee of each claim, cooperate with Lessee in the defense
and resolution of each claim, and not settle or otherwise dispose of the claim
without Lessee's participation.
c) The indemnification provisions of this contract shall survive termination of
this contract for any claims that may be filed after the termination date of
the contract provided the claims are based upon actions that occurred during
the performance of this contract.
12. Laws and Regulations.
a) 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
Lessee agrees that venue for any dispute will lie in Monroe County,Florida.
b) The Lessee 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.
c) Any violation of said statutes, ordinances, rules, regulations, and executive
orders shall constitute a material breach of this Agreement and shall entitle
the Lessor to terminate this Agreement immediately upon delivery of
written notice to the Lessee.
13. Taxes. The County is exempt from Federal,Excise, and State of Florida Sales Tax.
14. Finance Charges. The Lessor will not be responsible for any finance charges.
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15. Severability. 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.
16. Nondiscrimination. Lessee agrees 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. Lessee agrees 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 §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex;
3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended(42
USC §§ 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, §§ 523 and 527 (42 USC
§§ 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 in employment 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; and 11)
Any other nondiscrimination provisions in any federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
17. Public Access. The Lessor and Lessee shall allow and permit reasonable access
to, and inspection of, all documents,papers, letters, or other materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
Lessor or Lessee in conjunction with this Lease; and the Lessor shall have the right to unilaterally
cancel this Lease upon violation of this provision by Lessee.
18. Assignment. The Lessee 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
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the Lessor. In the event of such consent, this Agreement shall be binding upon the Lessee's
successors and assigns.
19. Additional Conditions. The Lessee 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 regulation or by other policy adopted by the BOCC. Such additional
conditions shall not become effective until the Lessee has been notified in writing and no such
additional conditions shall be imposed retroactively.
20. Disclosure. The Lessee shall be required to list any or all potential conflicts of
interest, as defined by Florida Statues, Chapter 112, Part III and the Monroe County Ethics
Ordinance. The Lessee shall disclose to the Lessor 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.
21. Independent Professional Judgment. The Lessee shall at all times exercise
independent professional judgment and shall assume full responsibility for the service to be
provided and the work to be completed.
22. Care of Property. The Lessee shall be responsible to the Lessor for the safekeeping
and proper use of the property entrusted to the Lessee'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.
23. Ethics Clause. Lessee warrants that he has not employed, retained, or otherwise
had act on his behalf any former County officer or employee subject to the prohibition of Section
2 of Ordinance No. 010-1990 or any County 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 contract 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 county officer or BOCC officer or employee.
24. Termination. Termination of the 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 terminating party shall declare in its act to terminate
for cause, with a minimum of fourteen (14) 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 (60) days subsequent to written notice to the other
party, and the effective date of termination shall be specified in said notice.
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25. Notice Requirement. All written correspondence to the County shall be dated and
signed by an authorized representative of the Lessee. Any notice required or permitted under this
Agreement shall be in writing and hand delivered or sent by United States Mail, postage prepaid,
to the other parry by certified mail, return receipt requested, or by courier with proof of delivery.
The place of giving Notice shall remain the same as set forth herein until changed in writing in the
manner provided in this paragraph. Notice is deemed received by Lessee when hand delivered by
national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of
refusal or non-acceptance of delivery. Notice shall be sent to the following addresses:
FOR COUNTY: FOR LESSEE:
Monroe County Rep. James Vernon ("Jim") Mooney, Jr.
County Administrator Florida House of Representatives
1100 Simonton Street Murray Nelson Government Center
Room 205 Room 2-235
Key West, FL 33040 102050 Overseas Highway
Key Largo, FL 33037
And
And
County Attorney
1111 12Ih Street, Suite 408 Rep. James Vernon ("Jim") Mooney, Jr.
Key West, FL 33040 Florida House of Representatives
212 The Capitol
402 South Monroe Street
Tallahassee, FL 32399-1300
26. Section Headings. Section headings have been inserted in this Lease 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.
27. Mutual Review. This Lease Agreement has been carefully reviewed by Lessee
and Lessor; therefore, this Agreement is not to be construed against either parry on the basis of
authorship.
28. Full Agreement. This Agreement constitutes the entire and full understanding
between the parties hereto and neither parry shall be bound by any representation, statement,
promises or agreements not expressly set forth herein and in duly executed amendments under
paragraph 9 hereof.
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IN WITNESS WHEREOF,the parties have executed this agreement the day and year first
above written.
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Attest: JAMES VERNON("JIM")MOONEY,JR.,
REPRESENTATIVE
Florida House of Representatives
District 120
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