HomeMy WebLinkAboutItem P10 P10
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
December 11, 2024
Agenda Item Number: P10
2023-3419
BULK ITEM: Yes DEPARTMENT: Parks and Beaches
TIME APPROXIMATE: STAFF CONTACT: Tammy Acevedo
N/A
AGENDA ITEM WORDING:
Approval to terminate Monroe County Sheriffs Office lease at Bernstein Park so that the space may be
used by the Florida Department of Health (DOH) due to the temporary closure of the Gato building.
The lease amendment will ratify termination of the current lease, effective midnight on December 1,
2024.
ITEM BACKGROUND:
Since 2018, the Monroe County Sheriffs Department has leased office space at County-owned
Bernstein Park, located at 6751 Fifth Street, Key West, Florida. The current lease terminates on August
14, 2025. The Sheriffs office has agreed to a mutual termination of the lease so that the space may be
used by Florida Department of Health(DOH) due to the temporary closure of the Gato building. The
amendment will terminate the current lease effective as of midnight on December 1, 2024. The office
space will be used temporarily by DOH to provide services to the public and a lease with DOH will be
brought before the Board for approval at a later date.
PREVIOUS RELEVANT BOCC ACTION:
The Monroe County Sheriffs Office has had leased office space at Bernstein Park since 2018, with
lease renewals approved annually by the Board of County Commissioners.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
Mutual termination of Lease.
STAFF RECOMMENDATION: Approval
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DOCUMENTATION:
2024-08-21 Bernstein Park--MCSO Lease
Bernstein Park-Lease Termination MCSO
FINANCIAL IMPACT:
Effective Termination Date: December 1, 2024
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: Yes
Source of Funds: N/A
CPI: No
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No
If yes, amount:
Grant: No
County Match: N/A
Insurance Required: No
4973
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
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4974
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
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4975
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,
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4976
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
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4977
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.
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4978
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.
16. Fullmm Agreement. This Agreement constitutes the entire and full
understanding between the parties hereto and neither party shall be bound
by any representation, statement, promises, or agreements not expressly
set forth herein and in duly executed amendments under paragraph 4
hereof.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year
first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK,Clerk OF MONROE COUNTY,FLORIDA
By: ............ ...W.,,.WW.....__—_ By: ...____As Deputy Clerk Mayor
APPROVED AS TO FORM 6 LEGAL SUFFICIENCY
Mo�rar a`,:aunty Attorneys Offl=
.
2NN:thal4 Mellies Archer
tsnt County Attorney
MONROE COUNTY SHERIFF'S OFFICE
Witnes
By: W ..,.,... By:
Sheriff Richard A.Ramsay
Printed Name:
MONROE COUNIX SHERIFF'S OFFICE
APPVED TO FORM:
1CK J. McCUI.LAH
"°?GENERAL COLMEL
DATE: ..,
Page 6 of 6
4979
EXHIBIT "A"
Ground Floor Plan
4980
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4981
FIRST AMENDMENT TO LEASE AGREEMENT WITH MONROE COUNTY
SHERIFF'S OFFICE
T[11S FIRST AMEND MENT TO LEASE AGREEMENT is made and entered into on
this day of December, 2024, by and between MONROE COUNTY, a political subdivision
of the Stake of]F`lorida, whose mailing address is I 100 Simonton Street, Key West, Florida 33040
("County" or "Lessor"), and the MONROE CO`UN"FY SHERIFF'S OFFICE (hereinafter referred
to as MCSO),whose address is 5525 College Road,Key West, FL 33040 ("Tenant" or"Lessee").
WHEREAS, on August 21, 2024, the County and MCSO, the predecessor in interest,
entered into aLease Agreement for a one (1)year term, and the Board of County Commissioners
(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(the "Lease"); and
WHEREAS, this Lease Agreement commenced on August 15, 2024, and is set to
terminate on August 14, 2025, for Zero dollars and no/100 cents ($0.00) per year (the
"Assignment"); and
WIIEREAS, both parties have agreed to terminate the lease before its expiration due to
the following reason(s): The Sheriffs Department no longer requires the office space and
recognizes that it could be better utilized for community purposes.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein,the Landlord and Tenant agree as follows:
1. Termination of Lease: The Lease is hereby terminated by mutual agreement of both
parties, effective at midnight on December 1, 2024. Both parties agree that the Lease
shall be deemed fully terminated as of this date, and neither party shall have any further
obligations to the other under the terms of the Lease,except as set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Lease
Agreement as of the day and year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN'MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:_
As Deputy Clerk Mayor
(SEAL) MONROE COUNTY SHERIFF'S OFFICE
Attest: 0e,
Bpi ONROECOUNT_Y-/a*-RlFFS OFFICE
By: By:
-77 ......Sheriff Richard A. Ramsay 8 TO FORM:
Title:
PAT CRC J. MCCULLAH
GENERAL MMEI. 4982
DATE: