05/15/2024 Agreement GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: May 29, 2024
TO: Cathy Crane, Director
Veterans Affairs
FROM: Liz Yongue, Deputy Clerk
SUBJECT: May 15, 2024 BOCC Meeting
The attached item has been added to the record:
C23 Revocable License and Agreement for the U.S. Department of Veterans Affairs to
utilize office space to provide no cost readjustment counseling services and case management
support for eligible war veterans in Monroe County and their families.
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
DROP IN OFFICE AGREEMENT
THIS DROP IN OFFICE AGREEMENT ("Agreement") is made by and between the Monroe County
Board of County Commissioners ("County" or "Licensor") and the U.S. Department of Veterans Affairs,
a Washington D.C. Government Administration ("Agency" or"Licensee").
RECITALS
WHEREAS, the County owns the Harvey Government Center which is comprised of Suite 201, located
at 1200 Truman Ave, Key West, FL. 33040 (the "Premises") where the County's Veterans Affairs
Department is located and where the County provides and coordinates resources and services for County
residents, including drop-in office space available to federal, state, and nonprofit agencies who provide
free services to County residents; and
WHEREAS,Agency provides County residents with free services to bridge the gap between the Agency's
presence, proximity, and accessibility to County residents and the services otherwise available in the
community; and
WHEREAS, the County Commission of Monroe County, Florida desires to encourage and support the
Agency's mission and the services it provides to County residents by providing Agency with drop-in office
space at the Premises at no cost, and to establish the terms and conditions under which the County will
provide the Agency with drop-in office space at the Premises; and
WHEREAS, the County Commission finds that the services provided under this Agreement primarily
serve a public purpose by providing otherwise unavailable social services to County residents; and
WHEREAS,the County Commission finds that the services provided under this Agreement promote the
public health,safety,welfare, and protection of the community and the County's Veterans Affairs Division
programs; and
NOW, THEREFORE, for and in consideration of the mutual covenants specified herein and for other
good and valuable consideration,the sufficiency and receipt of which are hereby acknowledged,the parties
agree as follows:
1. Use. Licensor hereby grants to Licensee, a Revocable License ("License") to enter upon
and use the Premises, and the right of ingress and egress to and from the Premises, subject to the terms and
conditions herein, for the purpose of providing eligible Veterans and their families no cost readjustment
counseling services and case management support, i.e., family counseling, substance abuse, housing
assistance, employment referrals, etc. The Premises shall consist of 1 office space, with tables and chairs
to allow for provision of confidential counseling services to be provided to Veterans residing within the
Key West area. The Premise is comprised of Suite 201, located at 1200 Truman Ave, Key West, FL. 33040.
Licensor agrees to issue this license to implement its commitment to work with the Licensee to help
eligible war veterans and their family members receive supportive readjustment counseling services, case
management support and benefits assistance, i.e., employment referrals,referrals for health care, etc.
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Licensor agrees it is responsible for maintaining the Premises that the Licensee will use during the
term of the License. During the term of the License, the Licensee shall not make any improvements or
modifications to the Premises.
2. Term. This License shall commence on 5/15/2024 (the "Effective Date") and shall expire
on 5/14/2025. This License may be revoked at will at any time by the Licensor upon advance notice
within 30 calendar days, pursuant to the notification terms of Paragraph 10 of this License. Licensee may
end its use of the Premises under this License at any time and notify the Licensor accordingly. Licensee
will utilize Suite 201 on the following dates, from 0800-1300:
06/17/2024 07/15/2024 08/12/2024
09/09/2024 10/07/2024 11/04/2024
12/02/2024 01/06/2025 02/03/2025
03/10/2025 04/14/2025 05/12/2025
Licensee acknowledges that the Monroe County Use of County Property form will need to be completed to
confirm the above noted dates. Additionally, it acknowledges that should any Monroe County conflict arise
for the use of the room, then the County's need will take priority and the Licensee will either re-schedule
or seek an alternative location to continue to provide clinical services to the Combat and MST impacted
Veteran population of Monroe County. The County shall notify Licensee immediately upon learning the
above room is unavailable during any of the above scheduled dates and times. The County will make
reasonable efforts to assist in locating another County room within Monroe County in the event the above
room becomes unavailable.
3. Costs and Fees. Licensee shall pay no costs or fees for its use of the Premises.
4. Conditions Applicable to License. This License is subject to all existing covenants,
conditions, reservations, contracts, leases, licenses, easements, encumbrances, restrictions, and rights of
way with respect to the Premises, whether of record or not. To the best of the Licensor's knowledge,
Licensor is possessed of the right to grant this License and there currently exists no condition that would
adversely affect the Licensee's ability to use the Premises for the purposes described herein. While on
Licensor's property, Licensee and Veterans shall comply with applicable Licensor policies and rules,
including required health and safety measures and restrictions on smoking, alcohol, controlled substances,
and weapons.
5. No Transfer or Assignment. Neither Party may assign its rights under this License to any
other person or entity, except and to the extent the Parties in their respective sole discretion may otherwise
agree in writing. Any attempt to transfer or assign this License shall be grounds for immediate revocation.
6. Permits and Regulations. Licensor shall comply with all applicable laws and regulations
with respect to the physical condition of the Premises.
7. No Interference. During the term of the License, neither Party shall interfere with the other
Parry's normal operations and activities. Both Parties shall conduct their respective activities in a manner
to minimize risk of injury or inconvenience to the other Parry's employees, students, agents, and invitees,
or damage to the Premises.
8. No Partnership or Joint Venture. This License does not create a partnership or joint
venture between Licensor and Licensee, nor shall it be construed to mean that either Party agrees to
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assume liability for the acts or omission of the other Party. Nothing herein shall be construed to mean
that any employee of Licensee is an agent or employee of Licensor.
9. Severability. If any provision of this License shall be held to be invalid or unenforceable for
any reason, (i)the remaining provisions shall continue to be valid and enforceable; or(ii)if by limiting such
provision it would become valid and enforceable, then such provision shall be deemed to be written,
construed and enforced as so limited.
10. Notice. All notices and communications given under this License shall be provided in
writing and hand delivered or mailed,postage prepaid, to the other parry by certified mail, returned receipt
requested, or by courier with proof of delivery. Notice is deemed received by Licensee 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. The place of giving Notice shall remain as set forth herein until
changed in writing in the manner provided in this paragraph. Notice shall be sent to the following:
If to Licensor:
Monroe County Veterans Affairs
1200 Truman Ave., Suite 204
Key West, Florida 33040
And
Monroe County Administrator
1100 Simonton St., Rm. 2-205
Key West, Florida 33040
And
Monroe County Attorney
1111 121h Street
Suite 408
Key West, Florida 33040
If to Licensee:
U.S. Department of Veterans Affairs, Readjustment Counseling Service
Irvin Flores, MS, LMFT
8280 NW 27th Street, Suite 511
Doral, FL 33122
305-718-3712
Irvin.flores@va.gov
11. Liability, Indemnification,Hold Harmless. The liability, if any, of the Licensee for property
damage, or personal injury or death, arising from Licensee's use of the Premises, shall be governed
exclusively by the provisions of the Federal Tort Claims Act (28 U.S.C. §§ 1346(b)(1), 2671-2680). The
Licensee does hereby consent and agree to indemnify, defend and hold harmless the County, its Mayor,the
Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, and
any other agents, individually and collectively, from all fines, suits, claims, demands, actions, costs,
obligations, attorney's fees, or liability of any kind arising out of the sole negligent actions of the Licensee
or substantial and unnecessary delay caused by the willful nonperformance of the Licensee and shall be
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solely responsible for any and all accidents or injuries to persons or property arising out of its performance
of this contract. The amount and type of insurance coverage requirements set forth hereunder shall in no
way be construed as limiting the scope of indemnity set forth in this paragraph. Further the Seller agrees to
defend and pay all legal costs of the County for claims or acts attributable to the sole negligent act of the
Licensee or any of the Licensee's employees or representatives. The County, as a political sub-division of
the State of Florida, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible for the
limits set forth in such statute for its own negligent acts or omissions, or intentional tortious acts, which
result in claims or suits against the Licensee or County, and agrees to be liable to the statutory limits for
any damages proximately caused by said acts or omissions, or intentional tortious acts.
At all times and for all purposes hereunder, the Licensee is an independent contractor and not an employee
of the Board of County Commissioners. No statement contained in this agreement shall be construed so as
to find the Seller or any of his/her employees, contractors, servants or agents to be employees of the Board
of County Commissioners for Monroe County. As an independent contractor the Licensee shall provide
independent,professional judgment and comply with all federal, state, and local statutes, ordinances, rules
and regulations applicable to the services to be provided.
12. Insurance. The Parties recognize and agree that the Licensee is an entity of the United States
Federal Government and is thereby a self-insured entity. If the Licensee participates in a self-insurance
fund,a Certificate of Insurance will be required.In addition,the Licensee may be required to submit updated
financial statements from the fund upon request from the County.
13. Valid License and Authorization to Enter into License. The Parties hereto represent and
warrant that this License is validly entered, and that the persons signing below are authorized to enter
in this License on behalf of the Party hereto represented by such person. No alteration or variation of
this License shall be valid unless made in writing and signed by Licensor and Licensee.
14. Counterparts. This Agreement may be executed simultaneously in counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
15. Consent to Jurisdiction. This Agreement shall be construed by and governed under the laws
of the State of Florida and venue for any action arising under this License shall be in Monroe County,
Florida. This Agreement is not subject to arbitration.
16. Non-Waiver. Any waiver or any breach of covenants herein contained to be kept and
performed by either parry shall not be deemed or considered as a continuing waiver and shall not operate
to bar or prevent the other parry from exercising any of its remedies under this Agreement, at law or in
equity for any succeeding breach, either of the same condition or covenants or otherwise.
17. Non-Discrimination. County and Licensee 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 parry,effective the date of the court order. County and Licensee agree to comply with all Federal
and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include
but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination in employment on the basis of race, color,religion, sex, or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
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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 disability; 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 patent records; 8) Title VIII of
the Civil Rights Act of 1968 (42 USC s. 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 s. 1201 Note, as
maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10)Monroe
County Code Chapter 14, Art. II, which prohibits discrimination on the basis of race, color, sex, religion,
disability,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.
18. Ethics. (Person or business entity) warrants that he/it had not employed, retained or
otherwise had act on his/its 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 employee."
19. Public Entity Crime Statement. A person or affiliate who has been placed on the convicted
vendor list following a conviction for public entity crime may not submit a bid, proposal, or reply on a
contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a
contract with a public entity for construction or repair of a public building or public work, may not submit
bids,proposals, or replies on leases of real property to a public entity, may not be awarded or perform work
as a LICENSEE, supplier, sub-Licensee, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section 287.017,
Florida Statutes, for CATEGORY TWO for a period of thirty-six(36)months from the date of being placed
on the convicted vendor list.
20. Force Majeure. If either party shall be delayed or hindered in, or prevented from, the
performance of any work, service, or other act or obligation required under this Agreement to be performed
by such party and such delay or hindrance is due to a strike, lockout, or other labor difficulty, fire or other
casualty, condemnation, war, terrorist or other enemy act, civil commotion, riot, insurrection, a tropical
storm or hurricane watch, warning or evacuation, other atypically inclement weather (based on historical
weather data), other act of God, the requirements of any local, state or federal law, rule or regulation or
other cause of a like nature (other than financial) beyond the control of the parry so delayed or hindered,
then performance of such work, service or other act or obligation shall be excused for the period of such
delay and the period for the performance of such work, service or other act or obligation shall be extended
for a period equivalent to the period of such delay.
21. Entire Agreement. This Agreement consists of this Drop in Agreement and the Agency's
Revocable License and incorporates and includes all prior negotiations, correspondence, agreements, or
understandings between the parties, and the parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not contained in this document or
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:the.Agency's Revocable.License. This Drop in Agreement: supersedes:all: other'agreements between the• . • •
parties,:whether oral or written with res• ect to the subject matter and if an terms are inconsistent between : .
p J .
this•Drop in Agreement and the Agency's Revocable License,the terms of this Drop:in Agreement prevail. • •
:If t here are any amendments to this Agreement they shall be.in writing; approved by:the Board of:County; :
• ' Commissioners; and signed by both parties before it becomes effective.: • • • • •
IN WITNESS WHEREOF;'the Parties have'executed:this License the day:and year:first above
Written. :
LICENSOR. .
:By: Monroe County Board of County Commissioners : • : :: : '
B,y,.(S,ign), 1 . .
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Date: : 51 1 5'. 02
LICENSEE: •
U.S. Department of Veterans Affairs, Readjustment:Counseling Service • '
By: :Irvin:Flores,MS, LMFT,•AAMFT-AS;'Ph.D.:Candidate, Vet Center Director
* * IRVIN FLORES' - .,/:-.i. D'g't II i V E
h a y s gned by IR. IN FLOR ES
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• . By (Sign) .,": •Date: 2024..04.30 1.2:25:05 04'00' ; :
By: Deputy District:Director• : •
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