08/15/2024 to 08/14/2025 GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: September 3, 2024
TO: John Allen, Director
Parks & Beaches
Tammy Acevedo
Budget& Contract Specialist
Erika Nodal
Executive Assistant
FROM: Liz Yongue, Deputy Clerk
SUBJECT: August 21, 2024 BOCC Meeting
The attached item has been executed and added to the record:
C3 Lease Agreement with Monroe County Sheriff s Office to provide the Monroe
County Sheriff s Department with 149.6 sq. ft. of office space for one (1) year at Bernstein Park
on Stock Island, Key West, FL. This agreement shall be retroactive to August 15, 2024.
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
AGREEMENT
THIS AGREEMENT, made this 21' day of August, 2024, by and between the
Board of County Commissioners of Monroe County, Florida (hereinafter referred to as
BOCC), whose address is 1100 Simonton Street, Key West, FL 33040, and the Monroe
County Sheriffs Office, (hereinafter referred to as MCSO), whose address is 5525
College Road,Key West, FL 33040.
WHEREAS, the BOCC leases premises to other governmental agencies servicing
the County community; and
WHEREAS,MCSO has requested use of County office space; and
WHEREAS, the BOCC has determined that it is in the best interests of Monroe
County to provide approximately 149.6 square feet of office space at Bernstein Park,
located at 6751 Fifth Street on Stock Island, Key West, Florida, as identified on the
Ground Floor Plan attached hereto as Exhibit"A" and made a part hereof;
NOW, THEREFORE, for and in consideration of the mutual covenants contained
herein,the parties agree as follows:
1. Contract Term. This Agreement is for the period commencing
retroactively August 15, 2024, and terminating on August 14, 2025, and is
for Zero dollars and no/100 cents ($0.00)per year.
2. BOCC_ Res,lonsibilitr, The BOCC shall direct its Administrator,
Departments Heads, County Attorney, and staff to provide certain
facilities and support to the MCSO as can be provided without requiring
an increase in personnel or any purchase or lease of real property.
3. RelationshilI of Parties. The MCSO is, and shall be, in the performance of
all works, services, and activities under this Agreement, an independent
agency, and not an employee, agent, or servant of the BOCC. The MCSO
shall exercise control, direction, and supervision over the means, manner,
personnel, and volunteers through which it performs its duties. Although
Page 1 of 6
this Agreement is a cooperative agreement, similar in many respects (but
not all) to a partnership, the MCSO shall have no authority whatsoever to
act on behalf and/or as agent for the BOCC in any promise, agreement, or
representation other than specifically provided for in this Agreement. The
BOCC shall at no time be legally responsible for any negligence on the
part of the MCSO, its employees, agents, or volunteers resulting in either
bodily or personal injury or property damage to any individual, property,
or corporation.
4. Modification. Additions to, modification to, or deletions from the
provisions of this contract may be made only in writing and executed by
the BOCC. No modification shall become effective without prior written
approval of both parties.
5. Breach and Penalties. The parties agree to full performance of the
covenants contained in this contract. Both parties reserve the right, at the
discretion of each, to terminate the services in this contract 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.
6. Indemnification and Hold Harmless.
a) To the extent permitted by law, and as limited by Section 768.28,
Florida Statutes, the BOCC shall defend, indemnify, and hold
harmless MCSO and its officers, employees, or agents from any
and all liability, losses or damages, including attorneys' fees and
costs of defense, which MCSO or its officers, employees, or agents
may incur as a result of any claim, demand, suit, or cause of action
or proceeding of any kind or nature arising out of, relating to, or
Page 2 of 6
resulting from the negligent performance of this contract by the
BOCC, its employees, officers, and agents. MCSO shall promptly
notify the BOCC of each claim, cooperate with the BOCC in
defense and resolution of each claim, and not settle or otherwise
dispose of the claim without the BOCC's participation.
b) To the extent permitted by law, and as limited by Section 768.28,
Florida Statutes, MCSO shall defend, indemnify, and hold
harmless the BOCC and its officers, employees, or agents from any
and all liability, losses or damages, including attorneys' fees and
costs of defense, which the BOCC 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 MCSO, its employees, officers, and agents. The BOCC shall
promptly notify MCSO of each claim, cooperate with MCSO in
the defense and resolution of each claim, and not settle or
otherwise dispose of the claim without MCSO's participation.
c) The indemnification provisions of this contract shall survive
termination of this contract for any claims that may be filed after
the termination date of the contract provided the claims are based
upon actions that occurred during the performance of this contract.
7. 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 parties agree that venue for any dispute shall lie
in Monroe County, Florida.
b) The MCSO shall comply with all federal, state, and local laws and
ordinances applicable to the work or payment for work thereof,
and shall not discriminate on the grounds of race, color, religion,
Page 3 of 6
sex, age, or national origin in the performance of work under this
Agreement.
c) Any violation of said statutes, ordinances, rules, regulations, and
executive orders shall constitute a material breach of this
Agreement and shall entitle the BOCC to terminate this Agreement
immediately upon delivery of written notice to the MCSO.
8. Taxes. The BOCC is exempt from Federal, Excise, and State of Florida
Sales Tax.
9. Finance Char yes. The BOCC will not be responsible for any finance
charges.
10. Severabilib% 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. Assinment. The MCSO shall not assign, transfer, sublease, pledge,
hypothecate, surrender, or otherwise encumber or dispose of this contract
or any estate created by this contract or any interest in any portion of the
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 MCSO's successors and assigns.
12. Disclosure. The MCSO shall be required to list any or all potential
conflicts of interest, as defined by Florida Statues, Chapter 112, Part III
and the Monroe County Ethics Ordinance. The MCSO shall disclose to
the BOCC all actual or proposed conflicts of interest, financial or
Page 4 of 6
otherwise, direct or indirect, involving any client's interest which may
constitute a conflict under said laws.
13. Care of Property. The MCSO shall be responsible to the BOCC for the
safekeeping and proper use of the property entrusted to MCSO's care, and
to process all documents necessary to continue, without interruptions, any
maintenance or service contracts relating to such equipment for its service
life.
14. Ethics Clause., MCSO warrants that it has not employed, retained or
otherwise had act on its behalf any former County officer or employee
subject to the prohibition of Section 2 of Ordinance No. 0 10-1990 or any
BOCC officer or employee in violation of Section 3 of Ordinance No.
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.
15. Termination. Termination of this Agreement shall occur at the natural
ending date, or earlier should either party determine that there has
occurred any material breach of any covenants herein contained, or either
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 notice to terminate for cause, with a minimum
of fourteen (14) days' notice in writing required prior to effective
termination.
Page 5 of 6
b) In the event either party terminates without:cause, the termination '
until at least ty (60)
shall
ha l not:take.effect ens s x days' subsequent to'
written notice to the other party,. and .the effective: .date of :
•
i tispecified insaid otice.term.na on shall be:spec• ie n
16. :Full A :"reement. This Agreements constitutes the entire and full: 1 : •
betweenpartiesher neither
Understanding : •
the eto and • .. party sha11 be bound
by anyrepresentation,
t ation, state ment promises,
s, or agreements not expressly
forth herein andiri
set f e n duly executed amendments. under. paragraph :4 :
hereof. : - , .
IN WITNESS WHEREOF, the parties:have executed:this agreement the day and:year
•
first above Written.
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MONROE COUNTY SHERIFF'S OF FICE. .
Witnes
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By:: : By:
i h 'ff Richard A.Ramsay c - '
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Printed Name:.
APP `LLD TO FORM:
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EXHIBIT "A"
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