11/18/2014 AgreementAMY REAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: December 11, 2014
TO: Bob Ward, Director
Information Technology
ATTN: Maria Guerra
Sr. Administrative Assistant
FROM: Lindsey Ballard, D. C.
At the November 17, 2014, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Items:
F19 Agreement# EU2014 -001 with Eric Udell, the former Server Administrator for the Information
Technology department to provide IT consulting services at up to 60 hours per month, not to exceed an
annual cost of $48,000, and authorizing the County Administrator or his designee to execute all
documents in furtherance of this agreement.
F20 Inter -local agreement with the Housing Authority of the City of Key West to provide Wide Area
Network backbone and Internet connectivity services to the Housing Authority and authorizing the
County Administrator or his designee to execute all documents in furtherance of this agreement. The
Housing Authority of the City of Key West is responsible for all bandwidth costs associate with this
agreement.
Enclosed is a duplicate original of the above mentioned for your handling. Should you have any
questions, please feel free to contact our office.
cc: County Attorney
Finance
File./
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305- 295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6017 Fax: 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
RESOLUTION #14 -2360
A Resolution Of The Housing Authority Of The City
Of Key West Florida, Approving The Attached
Interlocal Agreement Between The Housing Authority
Of The City Of Key West Florida And Monroe County
Be It Resolved, That the attached Interlocal Agreement between the Housing Authority of the
City of Key West, Florida and Monroe County is hereby approved; and the Executive Director is
hereby authorized to execute said agreement.
Passed and adopted by the Board of Commissioners at a meeting held this 14 day of October
2014 authenticated by the Chairman and filed with the Secretary.
Frank Toppino, Chairman
ATTEST:
li l----
J. M uel Castillo, Sr.
Executive Director /Secretary
INTERLOCAL AGREEMENT FOR
NETWORK AND INTERNET ACCESS
HIS INTERLOCAL AGREEMENT is entered into as of this 1Q day of
20A, between Monroe County, a political subdivision of the State of Florida
(hereinafter, the COUNTY) and the Housing Authority of the City of Key West, Florida, a body
politic created by the City of Key West through F.S. 421.05 under the laws of the State of
Florida (hereinafter, KWHA).
WITNESSETH
WHEREAS, Monroe County maintains an high speed wide area network (WAN) backbone
covering the entire Florida Keys with an extension into Miami; and
WHEREAS, said network also includes Internet access as part of this system; and
WHEREAS, The Key West Housing Authority is interested in using a portion of the County's
WAN backbone for their own needs;
NOW THEREFORE, in consideration of the mutual promises and conditions contained herein,
the parties agree as follows:
1. The KWHA will purchase any necessary hardware and software licenses required for
their use from their vendor of choice directly. The COUNTY will not provide hardware
or software licenses for the KWHA's use.
2. The COUNTY will provide remote, secure network access to their WAN backbone via
secure endpoints which will establish a VPN tunnel between four (4) identified locations.
These locations are: 1400 Kennedy Drive, Key West; 301 White Street, Building 12, Key
West; 1664 Dunlap Drive, Key West; and 240 Sombrero Beach Boulevard, Marathon.
Two additional locations will be serviced with cellular air cards inside of secured routing
equipment.
3. The COUNTY will provide access to the Internet via our current Internet Data Center
located in Miami, FL including 3 routable Internet Protocol (IP) addresses for KWHA
exclusive use. This access will be delivered to 1400 Kennedy Drive, Key West via an
Ethernet port.
4. The KWHA shall pay all costs associated with hardware, software and VPN licenses
necessary to interconnect each office and the Internet. KWHA will be responsible for all
network security and firewall services associated with the County provided Internet
service.
KWHA will be responsible for the full costs of monthly recurring access charges at each
location per the pricing shown on Exhibit A attached. The COUNTY will provide a
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monthly invoice to document these recurring costs to KWHA. The KWHA shall pay this
invoice in full within 30 days.
6. Either party may terminate this agreement upon sixty (60) days written notice. In the
event that the COUNTY's network provider holds the COUNTY liable for early
termination charges, KWHA will assume any liability for any early termination charges
as a result of termination of this agreement.
7. This Agreement shall become effective immediately upon execution.
8. Indemnification.
To the extent permitted by law and subject to the provisions and monetary limitations of
Section 768.28, Florida Statutes, the Parties does hereby agree to defend, indemnify and
hold the Each Other, its officers, agents, or employees, harmless from and against any
and all liability, damages, costs or expenses (including reasonable attorneys' fees, costs,
and expenses at both the trial and appellate levels) arising from the acts or omissions of the
Party in connection with this Agreement.
9. Notices.
All notices, requests, demands, elections, consents, approvals and other communications
hereunder must be in writing and addressed as follows, or to any other address which either
party may designate to the other party by mail:
If to County Roman Gastesi, Jr.
County Administrator
Monroe County
Historic Gato Building
1100 Simonton Street
Key West, Florida 33040
With a copy to: Bob Shillinger, Esq.
Monroe County Attorney's Office
P.O. Box 1026
Key West, Florida 33041 -1026
If to KWHA J. Manuel Castillo, Sr.
Executive Director
KWHA
P.O. Box 1409
Key West, Florida 33041
Any Notice required by this Agreement to be given or made within a specified period of
time, or on or before a date certain, shall be deemed to have been duly given if sent by
certified mail, return receipt requested, postage and fees prepaid; hand delivered; or sent by
overnight delivery service.
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10. Attorneys Fees and Waiver of Jury Trial.
In the event of any litigation arising out of this Agreement, the prevailing party shall be
entitled to recover its attorneys' fees and costs, including the fees and expenses of any
paralegals, law clerks and legal assistants, and including fees and expenses charged for
representation at both the trial and appellate levels.
In the event of any litigation arising out of this Agreement, each party hereby knowingly,
irrevocably, voluntarily and intentionally waives its right to trial by jury.
11. Governing Law.
This Agreement shall be construed in accordance with and governed by the laws of the
State of Florida. Exclusive venue for any litigation arising out of this Agreement shall be
in Monroe County, Florida, Lower Keys Division of the Circuit Court or the Southern
District of Florida. This Agreement is not subject to arbitration.
12. Entire Agreement/Modification /Amendment.
This writing contains the entire Agreement of the parties and supersedes any prior oral or
written representations. No representations were made or relied upon by either party,
other than those that are expressly set forth herein.
No agent, employee, or other representative of either party is empowered to modify or
amend the terms of this Agreement, unless executed with the same formality as this
document.
13. Nonassignability.
This Agreement shall not be assignable by either party unless such assignment is first
approved by both parties.
14. Severability.
If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining term and provision of this Agreement shall be valid and be enforceable to the
fullest extent permitted by law.
15. Independent Contractor.
The KWHA and its employees, volunteers, agents, vendors and subcontractors shall be
and remain independent contractor and not agents or employees of the COUNTY with
respect to all of the acts and services performed by and under the terms of this
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Agreement. This Agreement shall not in any way be construed to create a partnership,
association or any other kind of joint undertaking, enterprise or venture between the
parties.
16. Waiver.
The failure of either party to this Agreement to object to or to take affirmative action with
respect to any conduct of the other which is in violation of the terms of this Agreement
shall not be construed as a waiver of the violation or breach, or of any future violation,
breach or wrongful conduct.
17. Survival of Provisions.
Any terms or conditions of either this Agreement that require acts beyond the date of the
term of the Agreement, shall survive termination of the Agreement, shall remain in full
force and effect unless and until the terms or conditions are completed and shall be fully
enforceable by either party.
18. Counterparts.
This Agreement may be executed in several counterparts, each of which shall be deemed
an original and such counterparts shall constitute one and the same instrument.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.]
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IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and
year first written above.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
Ma hairperson
AMY HEAVILIN, CLERK
BY:
De uty Clerk
THE HOUSING AUTHORITY OF THE CITY OF
KEY WESTY,
Castillo, Sr.
Director
ATTEST:
(KWHA Seal)
MONROE COUNTY ATTORNEY
APPR ED AS TQ FORM
CHRISTINE M. I_IMBERT- BARROWS
ASSISTANT COUNTY ATTORNEY
Date
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Exhibit A — Service Location & Price List
Site Service Monthly Recurring Charge
KWHA Admin. Offices 10 Mb /s Fiber $493
1400 Kennedy Dr.
Key West
Porter Place 10 Mb /s Fiber $493
301 White St
Building # 12
Key West
Poinciana Plaza 10 Mb /s Fiber $493
1664 Dunlap Dr.
Key West
Eastwind Apts. 10 Mb /s Fiber $493
240 Sombrero Beach Rd.
Marathon FL
Fort Village LTE Cellular $50
201 Truman Ave
Key West
Newport Village Apts. LTE Cellular $50
#1 Harry Davis Circle (MM 100.5)
Key Largo
200 Mb /s Internet Service w/ 4 IP Addresses $535
Monthly Total $2,607
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