Item C19
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: April 21 ,2004
BULK ITEM: Yes x No
DIVISION: Public Works
"
DEPARTMENT: Facilities Maintenance
AGENDA ITEM WORDING: Approval of Amendment 1 to the Interim Homeless Safe Zone Interlocal
Agreement with the City of Key West revising Exhibit A.
ITEM BACKGROUND: For safety reasons, the layout of the safe zone had to be changed to provide
sufficient clearance from existing propane tanks,
PREVIOUS RELEVANT BOCC ACTION: Approval of the Interim Homeless Safe Zone Interlocal
Agreement at the March 17, 2004, meeting,
CONTRACT/AGREEMENT CHANGES: Revise Exhibit A to provide new layout of interim homeless
safe zone,
STAFF RECOMMENDATION: Approval as stated above.
TOTAL COST:
none
BUDGETED: Yes:
No:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE GENERATED: Yes
No
x
DIVISION DIRECTOR APPROVAL:
OMB/Purchasing: RIsk Management
~-f?~ r4;01
Dent Pierce
APPROVED BY: County Atty.:
DOCUMENTATION: INCLUDED:..2S.- TO FOLLOW:
NOT REQUIRED:
DISPOSITION:
AGENDA ITEM #:
Clq
Monroe County Sheriff's Office
Richard D. Roth
MEMORANDUM
TO:
John King, Sr. Dir. Public ~
Richard D, Roth, Sheriff ~
March 3 t, 2004
FROM:
DATE:
REFERENCE:
Homeless "Safe Zone"
As per our conversation, be advised that the Homeless "Safe Zone" located next to the
Monroe County Sheriff s Office on Stock Island is to be moved 44 feet nonh within the
existing premises to avoid any possible hazards with the propane tanks that are located
there,
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: City of Key West Contract #_
Effective Date: 03/17/04
Expiration Date: 03/16/09 "
Contract PurposelDescription:
To revise exhibit A to be moved 44 feet north to avoid any possible hazards with the
nronane tanks
Contract Manager: Ann Riger 4549 Faclities MaintJStop #4
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 04/21/04 Agenda Deadline: 04/06/04
CONTRACT COSTS
Total Dollar Value of Contract: $ app 35000
Budgeted? YesC8J No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $ same
001-20501-530-460-
- - - -
-----
- - - -
-----
- - -
- -------
ADDITIONAL COSTS
Estimated Ongoing Costs: $-.Jyr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director 1r~O'
RiskManagement ~ YesDNo0"
O,M,B./Purchasing YesD No~
County Attorney i..{ /5 10 tf. YesO NoGr
Changes
Needed /
YesO N00
Date Out
Comments:
OMB Fonn Revised 2/27/01 MCP #2
INTERIM HOMELESS SAFE ZONE
INTERLOCAL AGREEMENT - AMENDMENT 1
This Amendment to Agreement is made and entered this 21st day of
April, 2004, between MONROE COUNlY, a political subdivision of the State
of Florida, whose address is 1100 Simonton Street, Key West, FL 33040,
("COUNlYj, and the City of Key West, a municipal corporation of the State
of Florida, whose address is 525 Angela Street, Key West, Florida 33040 (the
"CITYj. '-
WHEREAS, the COUNlY and the CITY entered into an agreement on
March 17, 2004; and
WHEREAS, CITY and COUNTY have determined that an adjustment
needs to be made to the premises designated in Exhibit A of that Agreement;
now therefore,
COUNTY and CITY agree to amend the agreement dated March 17, 2004,
as follows:
1. Amended Exhibit A, entitled "Amended Premises," attached
hereto and incorporated herein by reference, shall be
substituted for the Exhibit A attached to the original agreement
dated March 17, 2004, and the description of the Amended
Exhibit A shall be effective as of March 17, 2004.
2. All other provisions of the Agreement dated March 17,2004, not
inconsistent herewith shall remain in full force and effect.
,
IN WITNESS WHEREOF, each party has caused this Amendment to
Agreement to be executed by its duly authorized representative.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
(SEAL)
ATTEST:
CITY OF KEY WEST
By:
Cheryl Smith, City Oerk
By
Jimmy Weekley, Mayor
Ii
p~
/'~
/ "
/ " ,
~"j4c- 36-11"
',I as
v
~'"
P ~1Il
r. ~~.
~ --~
a'J;'
~ C'
~~
~.
~
i
~
!
I
IS
..
~
m
104'
IS
..
~
m
I
117'
IS
..
~
m
..t.
,.l:
I '
o
::
IS
..
~
;
,
?
IS
..
~
m
ij
~I
~t%l
~\::j
~~
&H;;J
HH
~t-3
00 ..,....
~
Homeless Safe Zone
INTERIM HOMELE55 SAFE ZONE
INTERLO~ALAG~~(MENT
This Agreement is made and entered into by MONROE COUNTY, a political
subdivision of the State of Florida, whose address is 1100 Sjmonton Street, Key West, FL
33040, (~COUNTY"), and the City of Key West, a municipal corporation of the State of
Florida, whose address is 525 Angela Street, Key West, Florida 33040 (the "CITY).
WHEREAS, the COUNTY, in general, and the CITY of Key West, ill particular, have
a significant population of homeless people; and
WHEREAS, CITY and COUNTY have determined that this agreement is in the best
interests of the public; and
WHEREAS, the COUNTY owns a parcel of land situated on Norman Key that
includes the premises used hereunder and more particularly described in Exhibit "A;" and
WHEREAS, the parties desire to enter Into an interlocal agreement for the CITY's
use of the COUNTY's premises as an interim homeless persons safe zone.
1. PROPERTY. The COUNTY agrees to let City have the exclusive use of that
portion of the land designated "Homeless Safe Zone" as shown on Exhibit A, hereafter
"the Premises." Exhibit A Is attached and made a part of this Agreement.
2. TERM.
A. Subject to and upon the terms and conditions set forth herein, this
Agreement shall continue in force for a term of five years commencing as of
the _ day of I 2004 and ending on the_ day of
2009.
B. There shall be no option to renew this agreement after the expiration of the
term .described herejn.
3. USE AND CONDITIONS.
A. The Premises shall be used solely for the purposes of providing a homeless'
safe zone. No signs of any kind shall be permitted except within the
footprint of the Premises. If the Premises are used for any other purpose,
the COUNTY shall have the option of immediately terminating this
Agreement. The em shall not permit any use of the Premises in any
manner that would obstruct or interfere with any COUNTY functions and
duties, or would, In any way, devalue, destroy or otherwise Injure the
COUNTY property.
B. The CITY will further use and occupy the Premises in a careful and proper
manner, and not commit any waste thereon. The CITY shall not cause, or
allow to be caused, any nuisance or objectionable activity of any nature on
the Premises. Any activities in any way involving hazardous materials or
substances of any kind whatsoever, either as those terms may be defined
under any state or federal laws or regulations or as those terms are
. Homeless Safe Zone
understood in common usage, are specifically prohibited. The ellY shall
not use or occupy the_Premises for any unlawful purpose and will, at the
CITY's sole cost and expense, conform to and obey any present or future
ordinance and/or rules, regulations, requirements and orders of
governmental authorities or agencies respecting the use and occupation of
the Premises.
F.
S-~
c.
The CITY shaH establish a "No Smoking" zone for tl':1at portion of the
Premises which is adjacent to the Sheriff's Office propane tanks, according
to the requirements of the Fire Marshals of the COUNTY and the CITY. This
"No Smoking" zone shalt be strictly enforced by the CITY. Any violations
shall be cause for immediate termination of the Agreement by the COUNTY.
D.
The CITY shaH, through Its agents and employees, prevent the unauthorized
use of the Premises or the c-ommon areas, or any use thereof not in
conformance with this Agreement. The CITY shall not permit the Premises
to be used or occupied in any manner that will violate any laws or
regulations of any applicable governmental authority or entity.
E.
. The CITY, its officers, employees, agents, contractors, volunteers, and
invltees shall have the same rights of ingress and egress along the right-of-
way routes to the Premises as do other members of the general publlc. The
CITY shaJl be responsibJe for ensuring that these .common ways of ingress
and egress are used by their officers, employees, agents, contractors,
volunteers, and invitees in a reasonable, orderly, and sanitary manner in
cooperation with alt other occupants and their officers, employees, agents
and Invttees. The CITY shan conduct itseff and wifl cause its officers,
employees, agents, and invltees to conduct themselves with full regard for
the rights, convenience, and welfare of all other users of the pUblic property
of which the Premises is a sub-part. ' .
The CITY shall be solely responSible for operating the homeless safe zone,
Including all maintenance, enforcement of rules and regulations, programs,
transportation and any and all other aspects of operations.
4. RENT. For the use of the Premises, the.c:r:y must pay the COUNTY
the sum of ten dollars ($10.00) per year, due on the first day of the contract year,
payable in advance and remitted to Monroe County Clerk's Office, 500 Whitehead Street,
Key West, FL 33040.
s~ UTlunES. The CIlY shall be prOVided monthly water, electrical and
sewerage utiJJties at the Premises at no cost to the CITY, the water and electrical utility
costs to be borne by the Sheriff of Monroe County and the sewerage cost to be borne by
the COUNTYL Any other utilities, such as telephone or cabJe teJevision,shaU be provided,
if at aU, at the expense of the CITY. CITY shall be responsible for paying any and all
costs of utlHty ~onnectkm fees, impact fees, effluent dtscharge units, or any other costs
assodated with the placement of utility infrastructure to provide utility services to the
premises.
2
Homeless Safe Zone
6. ALTERATIONS and IMPROVEMENTS.
A. No structure or improvements of any kind, whether temporary or
permanent, shall be placed upon the land without prior approval in writing
by the COUNTY's Administrator, a building permit issued by CITY and any
permits required by law by any other agency, federal or state. Any such
structure or improvements shall be constructed in a goo.dand workmanlike
manner at the CITY's sole cost and eXPf!nse, except as 'otherwise agreed
herein. Subject to any landlord's Hen, any structures or improvements
constructed by the CITY shall be removed by the CI1Y at its sole cost and
expense, by midnight on the day of termination of this Agreement or
extension hereof, and the rand restored as nearly as practIcal to its
condition at the time this agreement Is executed, unless the Board of
County CommIssioners accepts, at the time delivery is tendered, in writing
delivery of the Premises together with any structures or Improvements
constructed by the CITY. The CITY shaH be soJeJy responsible for obtaining
all necessary permits and paying impact fees required by any agency and
any connection fees required by any utiUty.
B. The CITY shaJJ perform, at its sole expense, all work required in the
preparation of the property or Premises hereby used for occupancy by the
CllY except as otherwise provided In this agreement~
c. COUNTY reserves the right to inspect the area and to require whatever
adjustment to structures or improvements as COUNTY, in its sole discretion,
deems necessary. AnV adjustments shaU be done at the CITY's sole cost
and expense. Any building permits sought by the CIlY shall be subject to
permit fees, unless waived.
D. Portable or temporary advertising signs are prohibited.
E. COUNTY shaJl proVide the following assistance to the CITY in the
estabJlshment of the homeless safe zone ;
1) COUNTY wUl move the existing fence from its current location and relocate
and instaIJ It at the location proposed in Exhibit "A".
2) COUNTY shaH participate on an equal basis with the CIlY in providing
manpower for tent erection, providing sleeping platforms, and In the
proVision of a bathroom, as more particuJarly described below:
(a) CITY and COUNTY public works personnel shaH provIde equal
manpower for fabrication and installation of theelevatecJsleepjng
platforms, for which CITY shaH furnish aU the materials.
(b) CITY and COUNTY public works personnel shall provide equal
manpower for the erection of tents.
(c) CITY shaft furnish aU materials for the conversion, retrofit, or
renovatfon of an existing 11' x 55' trailer to a bathroom facility and
COUNTY will provide the manpower for the conversion, retrofit, Of'
renovation, or, in the alternative, CITY and COUNTY shalf share
equally in the cost of procuring and installing a prefabrIcated fadfity
3
Homeless Safe Zone
(d)
with the equivalent amenities. The amenities required under either
alternative shall be nine (9) standard bathrooms containing a shower,
toilet and sink, and one handicapped bathroom with a shower, toilet
and sink. Other than establishing appropriate budget allocations,
neither party shalf be required to have the determination as to which
afternative to use approved by its respective Commission; provided
that this decision is made jointly by the County Administrator and
City Administrator.
COUNTY shall remove the existing gate to a more appropriate
location and install a gate appropriate or foot traffic only into the
Premises.
7. MECHANIC'S LIE!iS
The CITY shall not permit any mechanic's tlen or liens to be placed on the Premises or on
Improvements on it. If a mechanics Hen Is filed, it shall be the sole responsibility of the
CITY or its officer, employee, agent, contn!lctor or other representative causing the tien
to be fifed to dIscharge the lien and to hold harmless and defend Department of Juvenile
Justice, Monroe County Sheriff's Office, and Monroe county against enforcement of such
lien. PUr.5J.1ant to Section 713.01, F.S. the Hens authorized In ch. 713, F.S., do not apply
to the COUNTY.
8. RECORDS - ACCESS AND AUDITS. The CITY shall maintain adequate
and complete records for a period of four years after termjnation of this Agreement. The
COUNTY, its officers, employees, agents and .contractors shall have access to the CITY's
books, records, and documents related to this Agreement upon req.uest. The access to
and inspection of such books, records, and documents by the COUNTY shaH occur at any
reasonabte ttme.
9. RELAnONSHIP OF PARTIES. The CITY is, and~ shall be an independent
contractor and not an agent or servant of the COUNTY. The CITY shall exercise control,
direction, and supervision over the means and manner that Its personnel, contractors
and volunteeP.i perform the work for which purpose this Agreement Is entered. The CITY
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
Agreement. The COUNTY shall at no time be legally responsible for any negligence on
the part of the CITY, its employees, agents or volunteers resulting in either bodily or
personal injury or property damage to any individual, property or corporation.
10. TAXES. The em must pay all taxes and assessments, if any, including
any sales or use tax, levied by any government agency with respect to the cm's
operations on the Premises.
11. INSURANCE. The parties to this agreement stipulate that each is a
state governmental agency as defined by Flor.ida Statutes and represents to the other
that it has purchased suitable Public UabiJity, Vehide UabHity, and Workers'
Compensation insurance, or is self-insured, in amounts adequate to respond to any and
at! daims under federa' or state actions for civil rights violations, which are not limited by
Florida Statutes Section 768.28 and Chapter 440, as weU as any and aU claims within the
limitations of Florida Statutes Section 768.28 and Chapter 440, arising out of the
activfties governed by this agreement, as well as any.
4
Homeless Safe Zone
To the extent allowed by law, each party shall be responsible for any acts of negligence
on the part of its employees, agents, contractorsj and subcontractors and shall defend,
indemnIfy and hold the other party harmless from all claims arising out of such actions.
The CITY agrees to keep in fuH force and effect the required insurance coverage
during the term of this Agreement. If the insurance policies originally purchased which
meet the requirements of this lease are canceled, terminated or reduced in coveragej
then the LESSEE must immediately substitute complyingpoUcies sO that no gap in
coverage occurs. Copies of current policy certificates shall be filed with the COUN1Y
whenever acquired or amended.
12. CONDITION OF PREMISES. The cm must keep the Premises in good
order and condition. The CITY must promptly repair damage to the Premises. At the
end of the term of this Agreement, the CITY must surrender the Premises to the COUNlY
in the same good order and conditIon as the Premises were on the commencement of
the term, normal wear and tear excepted. The CITY is solely responsible for any
Improvements to land and appurtenances placed on the Premises. The CITf &haJJ not
commit waste on the Premises, nor maintain or permit 8 nuisance on the Premises. After
termination- or expiration of this Agreement, the CrrY shait pay the COUNTY the cost of
any repairs and clean-up necessary to restore the Premises to ItS condition at the
commencement of the Agreement lease pcfied.
13. HOLD HARMLESS. To the extent allowed by law, the cm is liable
for and must fully defend, release, dIscharge, indemnify and hold harmless the COUNTY,
the members of the County CommIssion, COUNTY officers and employees, COUNTY
agents and contractors, and the Sheriff's Office, its omcers and employees, from and
against any and aU claims, demands, causes of action, JO&5eS, costs and expenses of
whatever type - Including investigation and witness costs and expenses and attorneys'
fees and costs - that arise out of or are attributable to the',CITY's operations on the
Premises except for those cfaims, demands, damages, liabilities, actions, causes of
actIon, losses, costs and expenses that are the result of the so~e negligence of the
COUNTY. The CITY's purchase of the insurance required under this Agreement does not
release or vitiate Its obligations under this paragraph. The CITY does not waive any of its
sovereign immunity rights including but not limited to those expressed in Section
768,28, Florida Statutes.
14. NON-DISCRIMINATION. The em for Itself.l its personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree that no person on the grounds of race, color, or national origin shail
be excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of Premises or in the contracting for improvements to the
Premises.
15. TERMINATION. The COUNTY may treat the CITY in default and
terminate this Agreement immediately, wlthout plior notl<;:e, upon failure of the CITY to
comply with any provision related to compliance with aU laws, rules and regulations.
This Agreement may be terminated by COUNTY due to breaches of other provisions of
this Agreement if, after written notice of the breach is delivered to the CITY, the cm
does not cure the breach w~thin 7 days fotlowing delivery of notice of brea.ch6 The
COUNlY may terminate this Agreement UI'on giving sixty (60) days prior written notice
5
Homeless Safe Zone
to the CITY. 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.
16. CESSATION OF HOMELESS SAFE ZONE OPERATIONS. Upon the
natural expiration or early termination of thIs agreement, the operation of a homeless
safe zone shall immediately be ceased and all improvementsi equtpment, and other
personalty of the CITY, its officers,emptoyees, contractors, agentS, volunteers and
invitees shaff Immediately be removed from the Premises. Any damage to the Premises
which has occurred due to the use contemplated under this Agreement shaU be
immediately repaired and the Premises restored to its original condition. Should the
CITY determine to cease operation of the homeiess safe zone prior to the natural
termination of this agreement, the CITY shan give COUNlY prior wt1tten notice of such
intended cessation sixty (60) days before the effective date of the cessation of operation.
The purpose of this Agreement is to provide the LESSEE with a temporary solution to its
homeless situation and the COUNTY shall not operate a homeless safe zone at this slte
upon the expiration or termination of this lease.
17. . ASSIGNMENT. The CITY may not assign this Agreement or assign or
subcontract any of Its obHgatJons under this Agreement without the approval of the
COUNTY's Board of County Commissioners. AU the obligations of this Agreement will
extend to and bind the legal representatives, suc.<:essors and assigns of the CITY and the
COUNTY.
18. 5UBORDINAnON. Th.is Agreement is subordinate to the laws and
regulations of the United States, the State of Florida, and the COUNTY, whether in effect
on commencement of thIs Agreement or adopted after that date.
19. INCONSISTENCY. If any item, condition or obligation of this Agreement is
In conflict with other items In this Agreement, the inconsistencies shall be construed so
as to give meaning to those terms which limit the County's responsibility and liability.
20. GOVERNING LAWS/VENUE. This Agreement is governed by the laws of
the State of Aoridaand the United States~ Venue for any dispute arising under this
Agreement must be in Monroe County, Florida. In the event of any litigation, the
prevaiJ.ingparty is entitled to a reasonable attorney's fee and costs.
21. ETHICS CLAUSE. The em 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. 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 Agreement without UabHity
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 employee.
22. CONSTRUCTION. This Agreement has been carefully reviewed by the
CITY and the COUNTY. Theref.ore, this Agreement is not to be construed against any
party on the basis of authorship.
6
Homeless Safe Zone
23. NOTICES. Notices in this Agreement, unless otherwise specified, must be
sent by certified mail to the following:
COUNTY:
County Administrator
1100 Simonton Street
Key West, Fl 33040
QlY
City Manager
525 Angela Street
Key West, FL 33040
24. fULL UNDERSTANDING. This Agreement is the parties' final mutual
understanding. It repJaces any earlleragreements or understandings, whether written
or oral. This Agreement cannot be modified or replaced except by another written and
signed agreement.
25. EFFECTIVE DATE. This Agreement will take effect on
.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by
its duly authorized representatIve~
(SEAL.)
AlTEST;OANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNlY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
'SEAL)
AlTEST:
,
CIlY OF KEY WEST
By:
Cheryl Smith, City Clerk
By
Jimmy Weekley, Mayor
7
104
~
~
,.
1 I ~
! E~
Ii ~ . i
~lf
,.
/" 3(.:,,"
I. '
'~/ 2<NI"
IS IS I
.. ..
IS IS I
; G
:r.1.' I
t:af
~.i.~ !
, ~ I
i;1' I
~ ii$
i
~ IS IS IS Iii
.. .. ..
IS ~ - ~ 11'-1 ~
G ; . ;
~
-
D':'
-\
lil) 87'
.>