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Home My WebLink About03/17/2025 to 03/16/2030 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: April 7, 2025 TO: Suzi Rubio Senior Project Manager County Administration FROM: Liz Yongue, Deputy Clerk SUBJECT: March 25, 2025 BOCC Meeting The following item has been executed and added to the record: C13 Lease Agreement with the Monroe County Sheriffs Office to provide 320 sq. ft. of office space for five (5) years at the Murray E. Nelson Government and Cultural Center, located at 102050 Overseas Hwy. in Key Largo. This no cost lease agreement commences retroactively on March 17, 2025, and terminates on March 16, 2030. 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 25 1h day of March, 2025, 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, Florida 33040, and the Monroe County Sheriffs Office, (hereinafter referred to as "M.CSO"), whose address is 5525 College Road, Key West, Florida 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, MCSO and County have jointly expressed a desire to increase the term limit of the lease from a one (1)year term to a five (5) year term; and WHEREAS, the BOCC has determined that it is in the best interests of Monroe County to provide approximately three hundred twenty (320) square feet of office space at the Murray E. Nelson Government and Cultural Center, located at 102050 Overseas Highway in Key Largo, Florida; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Contract Term. This five (5) year Agreement is for the period, retroactive to March 17, 2025 and terminating on March 16, 2030, unless sooner terminated or extended pursuant to the provisions of this Agreement. This Agreement is for Zero dollars and 00/100 cents ($0.00)per year. I. BOCC _RespQq§ibilitv. 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, Page 1 of 9 2. R eIaj o s i of Parties. The MCSO is, and shall be, in the performance of .,,— ...n b p- 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 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. 3. Modification. Additions to, modification to, or deletions from the provisions of this Agreement may be made only in writing and executed by the BOCC. No modification shall become effective without prior written approval of both parties. 4, Renewal Terms. MCSO shall have the option to renew this Agreement after the expiration of the original ten-n for one (1) additional period of five (5) years, under the terms and conditions to be agreed upon at that time, and subject to the approval of the Board of County Commissioners. 5. 9jjign to Renew. BOCC hereby grants to MCSO the option to renew this Agreement for the renewal terms on the condition that at the time MCSO exercises the option to renew, MCSO is in satisfactory compliance with the terms of this Agreement and is not in default under this Agreement beyond the expiration of any applicable cure period as a perquisite to exercising the option to renew. MCSO shall exercise its right to renew and extend the Agreement term by providing written notice of Page 2 of 9 extension to BOCC at least ninety (90) days prior to the expiration of the Agreement. 6. 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 Agreement terms or negligent performance of the Agreement 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. 7. 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 resulting from the negligent performance of this Agreement 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 Page 3 of 9 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 Agreement 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 Agreement shall survive termination of this Agreement for any claims that may be filed after the termination date of the Agreement provided the claims are based upon actions that occurred during the performance of this Agreement. 8. Laws and.Reggl4figris, 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, 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. 9. Taxes. The BOCC is exempt from Federal, Excise, and State of Florida Sales Tax.. Page 4 of 9 10. Finance Chames. The BOCC will not be responsible for any finance charges. 11. Sev rabili[y, If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement, 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 Agreement shall be valid and enforceable to the fullest extent permitted by law. 12. Assianment. The MCSO shall not assign, transfer, sublease, pledge, hypothecate, surrender, or otherwise encumber or dispose of this Agreement or any estate created by this Agreement or any interest in any portion of the same, or permit any other person or persons, company, or corporation to perform services under this Agreement 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. 13, Disclosure. The MCSO shall be required to list any or all potential conflicts of interest, as defined by Florida Statues Chapter 112, Part 111, and the Monroe County Ethics Ordinance. The MCSO shall disclose to the BOCC 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. 14. Care of PropeML 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. MCSO shall not commit, nor suffer to be committed, waste to the leasehold property, or to any improvements thereon. 15. Ethics Clause. MCSO warrants that it has not employed, retained, or otherwise had act on its behalf any former County officer or employee Page 5 of 9 subject to the prohibition of Section 2 of Ordinance No. 010-1990 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 Agreement without liability and may also, in its discretion, deduct from the Agreement 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. 16. 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 tenninates 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. 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. C) In the event that MCSO uses the Premises in any way not contemplated by this Lease, the BOCC may ten-ninate this Lease Agreement following the procedure listed below in Paragraph 18 below. 17, Notice of Default. In the event of a default through breach of any covenant or through any use of the Premises which the BOCC finds to be a use not Page 6 of 9 contemplated by the Lease, BOCC shall give MCSO written notice of the default, specifying those acts or things which must occur in order to cure said default, and MCSO shall have such period of time as BOCC shall designate, and not less than thirty (30)days, in its written notice of default, within which to cure the default. Should the default remain, upon expiration of the time granted to cure the same, BOCC shall provide written notice to MSCO of the termination of this Lease Agreement and such termination shall be effective immediately. 18. Notices. Any written notice or correspondence given pursuant to this Lease shall be sent by United States Mail, certified, return receipt requested, postage prepaid, 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 shall be sent to the following persons: BOCC MCSO County Administrator Monroe County Sheriff Monroe County 5525 College Road I 100 Simonton Street Key West, Florida 33040 Room 2-205 Key West, Florida 33040 and Monroe County Attorney P. O. Box 1026 Key West, Florida 33041 19, Full 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. Any amendment to this Lease shall be in writing, approved by the Page 7 of 9 Board of County Commissioners, and signed by both parties before it becomes effective. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 8 of 9 IN WITNESS WHEREOF, the parties:have executed this Agreement the day and year first above written. .s ;{ ,. . :- ;;Y� BOARD OF COUNTY COMMISSIONERS ,,y' :;�' YikttetIN�fit: M A.D OK,Clerk OF MONR OE COUNTY;FLORIDA ft.,.YK A h''ii%4;4 A Y.>G,+��lir��,I,I,,:,::::':',-y 0 ' g 1 0iJt, � Pry� Ra '`� ,i0, C 0 1 ' ' �� r`�6f,'ts`� ,N,.i, .�'"N tl`j't••^"ijT'a - �.• •.. �la`.'?-4 S"''s^�1 JZYt 'A'.�' � ';.rr4,w',',.;,)f y ��/• z,4,/,0 iAAAT.. .,.,, 0. - 1 .. , 4. .� .. '' ,A,3 . ::, �f�, As eputy Clerk Mayor 7.i: �...� c. M0►Ir1RUE COUNTY SHERIFF'S O F'FICE • 10...:, .,.14r, .z.-57 . ay:L_____.-. : '-'71'',:-/j.:,_______,. ef :�chaid r� A.Ram-ty . • MONROE CO SHERIFFS OFFICE APPROVE' AS TO FOAM. :. �/ f r- 1,,.` GENERAL CO I9SEL. (.� Yid� DATE: . ( L a, . Apptovedtr r. , as to leg-al tbrin'dt su "nci y: ;1'c.! �, G�isa;si_.,y�a D;dc'a?e.s`ia'';:n .J;,r'li'1.,t. Mt7d_au h T� Je _m-_ ,O 11 to :_. is t Cou: ty Alorg.icfy Page 9 of 9 .,.: 2-27-25