Item F19BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: November 17, 2010
BULK ITEM: Yes x No
DIVISION: Public Works
DEPARTMENT: Facilities Maintenance
STAFF CONTACT/PHONE#: Beth Leto/292-4560
AGENDA ITEM WORDING: Approval of lst Amendment to Homeless Safe Zone Interiocal
Agreement with the City of Key West to add an additional 240 square foot parcel for a new laundry
facility.
ITEM BACKGROUND: The City has requested additional space at the Keys Overnight Temporary
Shelter (KOTS) for a new laundry facility, and the Sheriff's Office has no objection to the use of the
additional 240 square foot parcel as shown in Exhibit Al. (The Sheriffs Office pays the cost of utilities
at KOTS).
PREVIOUS RELEVANT BOCC ACTION: Original five-year homeless safe zone ILA approved on
March 17, 2004; Amendment 1 revising Exhibit A approved on April 21, 2004; Amendment 2 revising
Exhibit A approved on September 21, 2004; and latest five-year ILA approved on March 18, 2009.
CONTRACT/AGREEMENT CHANGES: Adds an additional 240 square foot parcel for a new laundry
facility as shown in Exhibit Al.
STAFF RECOMMENDATION: Approval.
TOTAL COST: none INDIRECT COST: n/a BUDGETED: Yes No
DIFFERENCE OF LOCAL PREFERENCE: n/a
COST TO COUNTY: none SOURCE OF FUNDS:
REVENUE GENERATED: Yes No x
F
k$
APPROVED BY: County Atty.: f4l,
O urchasing: Risk Management:
DOCUMENTATION: INCLUDED: x NOT REQUIRED:
DISPOSITION: AGENDA ITEM #:
OCT-13-2010 15:01 FKOC INC 305 293 8276 P.02
Jim S*-- tt
City Mitnager
City of Ivey West
October 6, 2010
Sheriff Robert Peryman
Monroe County Sheriff s Office
5525 College Road
Key West, Florida 33040
525 Angela Street
(305) 809-3888
FAX 809-3886
jscholl keywestcity_com
RE: Keys Overnight Temporary Shelter (KOTS)
Dear Sheriff
Thank you for working with Rev. Braddock to identify additional space at the KOTS to
locate a new laundry facility.
I understand Chief Rice and Rev. Braddock met last week and determined the most
suitable location. The 12'x20' parcel is highlighted on the attached site plan.
Please provide me with a letter granting the City permission to utilize this section of the
MCSO vehicle impound area.
We will then request the amendment of Exhibit "A" in the Inter-46cal'Agreement before
proceeding with the installation.
Again, thank you for your cooperation and support.
..
Sincerely,
�'
Jun Scholl
City Manager
Key to the Caribbean - Average yearly temperature 77 ° F.
OCT-13-2010 15:01 FKOC INC 305 293 82?6 P.03
OCT-13-2010 15:01 FKOC INC
Sheriff
' 'B "iATIONS
Freeman Substation
20950 Overseas Hwy_
Cudjoe Key. FL 33042
(305)745-3184
FAX (305) 745-3761
Wonroe C.ountyShieriffs Office
Hobert T. Teryam, Sherif- f
5525 Col&ge x9ad
"`tNest, Tfot'ida 33040
(305) 292-7000'FAX (30.5) 292-70701-800-273-CCKPS
www.keysso.net
Marathon Substation
3103 Overseas Hwy.
,Marathon. FL 33050
(305) 289-2430
Jim Scholl, City Manager
FAX (305) 289-2497
The City of Key West
Islamorada Substation
P.O. Box 1409
86S000verseas Hwy.
Key West, FL 33041-1409
Islamorada, FL 33036
(305)664-6480
FAX (305) 852-5254 Re: Keys Overnight Temporary Shelter (KOTS)
Roth Building
October 13, 2010
50 High Point Road Dem Mr. Scholl:
Tavernier, FL 33070
(305) 853-3211
FAX (305) 853-3205 1 am in receipt of your letter of October 6, 2010 requesting a letter
DETENTION CENTERS granting the City permission to utilize a section of the MCSO vehicle
Key west Det. Center impound area for the KOTS new laundry facility.
5501 College Road
Key west. FL 33040 1 have reviewed the Amended Exhibit "A" that you have submitted.
(305)293-7300
FAX (305) 293-7353 The plan looks good and there is no objection from the Sheriff's Office to
Marathon Det. Facility utilize the additional 12 x 20 space of the MCSO vehicle impound area.
3991 Ocean Terrace
Marathon. FL 33050 Please proceed with including the amendment in the inter -local
(305)289-2420
FAX (305) 289-2424 Agreement and the installation. if you have any questions, do not hesitate to
Plantation Uet. Facility coffwt us.
53 High Point Road
Plantation Key, FL 33070 Sincerely,
(305) 853-3266
FAX (305)853-3270
SPECIAL OPERATIONS
P.O. Box 500975 Colonel Rick Ramsay
Marathon, FL 33050
(305) 289-2410 Undersheriff
FAX (305) 289-2498
AViA1'I0N DIVISION RAR%vam
10 100 Overseas Hwy. cc: Fr. Stephen Braddock
Marathon. FL 33050
(305) 289-2777
FAX (305) 289.2776
COMMtNICAT)ON5
2796 Overseas Hwy
Marathon, FL 33050 l
�3$ t e e
(305) 289-2351,€
FAX (305) 289.2493 i eee adMa�
TOTAL P.04
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
SUMMARY
' Contract with. City of Key West Contract #
I Contract Purpose/Description
Effective Date: 11/17/2010
Expiration Date: 03/21 /2014
1 st Amendment to ILA for Homeless Safe Zone on Stock
Island to add an addT 240 square foot parcel for new laundry
facilities
I Contract Manager: Beth Leto
(Name)
for BOCC meeting on: November 17, 2010
Total Dollar Value of Contract: $00
Budgeted? Yes❑ No ❑
Grant: $
County Match: $
Estimated Ongoing Costs:
(Not included in dollar value above)
4560 Public Works - #1
(Ext.) (Department/Stop #)
Agenda Deadline: November 2, 2010
COSTS
Current Year Portion:
Account Code:
ADDITIONAL COSTS
For:
(e.g., maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Division Director
Risk Manage nt
tng
Date In
I -;-10
AT
Needed Reviewer
Yes❑ No[
Yes❑ No�
Date Out
f d o
O.M.B./Purc
10 to
Yes❑ Noo
�7
County Attorney
Yes❑ NOE] '� `�`
IQ ZG C�
Comments:
iSTAwNI�II�ENT TO
HOMELESS SAFE ZONE
INTERLOCAL AGGREEMENT
THIS FIRST AMENDMENT is made and entered into this 17" day of November, 2010
by and between Monroe County, a political subdivision of the State of Florida, whose address is
1100 Simonton Street, Key West, FL. 33040 (hereafter "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 (hereafter "City").
WHEREAS, on March 22, 2009 the City and the County entered into a Homeless Safe
Zone Interlocal Agreement (hereafter "Original Agreement"); and
WHEREAS, the City and the County have found the Homeless Safe Zone Interlocal
Agreement to be in the best interest of the public; and
WHEREAS, the City is requesting the use of an additional 240 square foot parcel for a
new laundry facility at the Homeless Safe Zone; and
WHEREAS, the additional parcel is available for the requested use and the County has
no objection to the request for the additional parcel;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
below, the parties agree to amend the original agreement as follows:
1. PagSWh 1 l of the Original Agreement is amended as follows;
PROPERTY. The County agrees to let the City have the exclusive use of that
portion of the land designated "Homeless Safe Zone" as shown on Exhibit Al,
hereafter "the Premises". Exhibit Al is attached and made a part hereof
2. All other provisions of the March 22, 2009 Original Agreement not inconsistent
herewith, shall remain in full force and effect.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
IN WITNESS WHEREOF, each party has caused this I" Amendment to Homeless Safe
Zone Interlocal Agreement to be executed by its duly authorized representative.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Lo
Lo
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
M.
Mayor/Chairman
CITY OF KEY WEST
Deputy Clerk Mayor/Chairman
!" ERCADO
ASS STANT C NTY ATTORNEY �4 f�
Date
F
GL.
EXHIBIT Al
f
v.
HOMELESS SAFE ZONE
INTERLOCAL AGREEMENT
This Agreement is made and entered into by MONROE COUNTY, a political
subdivision of the State of Florida, whose address is 1100 Simonton 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, in 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 a 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 22nd day
of March, 2009 and ending on the 21" day of March, 2014.
B. There shall be no option to renew this agreement after the expiration of the
term described herein.
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. 1f the Premises are used for any other purpose, the COUNTY
shall have the option of immediately terminating this Agreement. The CITY
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
Interim Homeless Safe Zone ILA
Page 1 of 7
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 understood in
common usage, are specifically prohibited. The CITY 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.
C. The CITY shall establish a "No Smoking" zone for that 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 shall be strictly enforced by the CITY. Any violations
shall be cause for immediate termination of the Agreement by the COUNTY.
D. The CITY shall, through its agents and employees, prevent the unauthorized
use of the Premises or the common 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 invitees
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 public. The CITY shall be
responsible 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 all other
occupants and their officers, employees, agents and invitees. The CITY shall
conduct itself and will cause its officers, employees, agents, and invitees 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.
F. The CITY shall be solely responsible for operating the homeless safe zone,
including all maintenance, security, enforcement of rules and regulations,
programs, transportation and any and all other aspects of operations.
4. RENT. For the use of the Premises, the CITY 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 the Monroe County Clerk's Office, 500 Whitehead Street, Key
West, FL 33040.
5. UTILITIES. The CITY shall be provided monthly water, electrical and
sewerage utilities 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
COUNTY. Any other utilities, such as telephone or cable television, shall be provided, if at
all, at the expense of the CITY. CITY shall be responsible for paying any and all costs of
Interim Homeless Safe lame ILA
Page 2 of 7
utility connection fees, impact fees, effluent discharge units, or any other costs associated
with the placement of utility infrastructure to provide utility services to the Premises.
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 stricture or
improvements shall be constructed in a good and workmanlike manner at the
CITY's sole cost and expense, except as otherwise agreed herein.
Subject to any landlord's lien, any structures or improvements constructed by
the CITY shall be removed by the CITY at its sole cost and expense, by
midnight on the day of termination of this Agreement or extension hereof, and
the land 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 shall be
solely responsible for obtaining all necessary permits and paying impact fees
required by any agency and any connection fees required by any utility.
B. 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. Any adjustments shall be done at the CITY's sole cost and
expense. Any building permits sought by the CITY shall be subject to permit
fees, unless waived.
C. Portable or temporary advertising signs are prohibited.
7. MECHANIC'S LIENS. The CITY shall not permit any mechanic's Iien or
liens to be placed on the Premises or on improvements on it. If a mechanic's lien is filed, it
shall be the sole responsibility of the CITY or its officer, employee, agent, contractor or
other representative causing the lien to be filed to discharge the lien and to hold harmless and
defend the Department of Juvenile Justice, Monroe County Sheriff's Office, and Monroe
County against enforcement of such lien. Pursuant to Section 713.01, Florida Statutes, the
liens authorized in Chapter 713, Florida Statutes, do not apply to the COUNTY.
S. RECORDS — ACCESS AND AUDITS. The CITY shall maintain adequate
and complete records for a period of four years after termination 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 request. The access to and
inspection of such books, records, and documents by the COUNTY shall occur at any
reasonable time.
Interim Homele-o, Safe Zone ILA
Page 3 of 7
9. RELATIONSHIP 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
volunteers 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 CITY must pay all taxes and assessments, if any, including
any sales or use tax, levied by any government agency with respect to the CITY's operations
on the Premises.
It. INSURANCE. The parties to this agreement stipulate that each is a state
governmental agency as defined by Florida Statutes and represents to the other that it has
purchased suitable Public Liability, Vehicle Liability, and Workers' Compensation
insurance, or is self -insured, in amounts adequate to respond to any and all claims under
federal or state actions for civil rights violations, which are not limited by Florida Statutes
Section 768.28 and Chapter 440, as well as any and all claims within the limitations of
Florida Statutes Section 768.28 and Chapter 440, arising out of the activities governed by
this agreement.
To the extent allowed by law, each party shall be responsible for any acts of
negligence on the part of its employees, agents, contractors, 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 full 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 coverage, then the
LESSEE must immediately substitute complying policies so that no gap in coverage occurs.
Copies of current policy certificates shall be filed with the COUNTY whenever acquired or
amended.
12. CONDITION OF PREMISES, The CITY 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 COUNTY in the
same good order and condition as the Premises were on the commencement of the term of
this agreement, normal wear and tear excepted. The CITY is solely responsible for any
improvements to land and appurtenances placed on the Premises. The CITY shall not
commit waste on the Premises, nor maintain or permit a nuisance on the Premises. After
termination or expiration of this Agreement, the CITY shall pay the COUNTY the cost of
any repairs and clean-up necessary to restore the Premises to its condition at the
commencement of this Agreement.
Interim Homeless Safe 7Ame ILA
Page 4 of 7
13. HOLD HARMLESS. To the extent allowed by law, the CITY 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, and the Sheriff's
Office, its officers and employees, from and against any and all claims, demands, causes of
action, losses, costs and expenses of whatever type — including investigation and witness
costs and expenses and attorney's fees and costs — that arise out of or are attributable to the
CITY's operations on the Premises except for those claims, demands, damages, liabilities,
actions, causes of action, losses, costs and expenses that are the result of the 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 CITY for itself, 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
shall 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, without prior notice, upon failure of the CITY to
comply with any provision related to compliance with all 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 CITY does not
cure the breach within 7 days following delivery of notice of breach. The COUNTY may
terminate this Agreement upon giving sixty (60) days prior written notice 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 improvements, equipment, and other personalty of
the CITY, its officers, employees, contractors, agents, volunteers and invitees shall
immediately be removed from the Premises. Any damage to the Premises which has
occurred due to the use contemplated under this Agreement shall be immediately repaired
and the Premises restored to its original condition. Should the CITY determine to cease
operation of the homeless safe zone prior to the natural termination of this agreement, the
CITY shall give COUNTY prior written 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 solution to its homeless situation and the COUNTY shall not
operate a homeless safe zone at this site upon the expiration or termination of this lease.
17. ASSIGNMENT, The CITY may not assign this Agreement or assign or
subcontract any of its obligations under this Agreement without the approval of the
COUNTY's Board of County Commissioners. All the obligations of this Agreement will
Interim Homeless We Zone ILA
Page 5 of 7
extend to and bind the legal representatives, successors and assigns of the CITY and the
COUNTY.
18. SUBORDINATION. This 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 LAWSNENUE. This Agreement is governed by the laws of
the State of Florida and the United States. Venue for any dispute arising under this
Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing
party is entitled to a reasonable attorney's fee and costs.
21. ETHICS CLAUSE. The CITY 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. 0104990. 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 employee.
22. CONSTRUCTION. This Agreement has been carefully reviewed by the
CITY and the COUNTY. Therefore, this Agreement is not to be construed against any party
of the basis of authorship.
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
CITY:
City Manager
525 Angela Street
Key West, FL 33040
24. FULL UNDERSTANDING. This Agreement is the parties' final mutual
understanding. It replaces any earlier agreements or understandings, whether written or oral.
This Agreement cannot be modified or replaced except by another written and signed
agreement.
25. EFFECTIVE DATE
2009.
This Agreement will take effect on March 22,
Interim Homeless Safe Zone ILA
Page 6 of 7
IN WITNESS WHEREOF. each party has caused this Agreement to be executed by
its duly authorized representatives.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By:
Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
LV
NfY A I-O NE''ED A 01M M.
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PEDROJ ERCADO
ASSISTANT C UNTY ATTORNEY � jqo q
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Interim F-Iomele%, Safe Zone ILA
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Page 7 of 7