Item P7BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 21, 2012
Bulk Item: Yes X No _ Department: Legal
Staff Contact Person/ Natileene Cassel
Phone#: 292-3470
AGENDA ITEM WORDING: Approval to amend Interlocal Agreement Between Monroe County
and Monroe County Sheriff's Office regarding Emergency Communications for the sole purpose of
extending the term of the agreement through February 21, 2022.
ITEM BACKGROUND: The Interlocal Agreement between the MCSO and the County has worked
well. It is expiring and this Amendment will simply extend it for 10 years.
PREVIOUS RELEVANT BOCC ACTION: On February 21, 2007 the BOCC approved an
Interlocal Agreement with the Sheriff's Office for the consolidation and management of emergency
communications.
CONTRACT/AGREEMENT CHANGES: Term extension.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: 0 INDIRECT COST: -0-BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: 0 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB 46'a'ing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: MCSO Contract #
Effective Date:
Expiration Date:
Contract Purpose/Description:
Interlocal Agreement between County and MCSO for consolidation and Management of
emergency communications. This is Amendment 1, extending the term only.
Contract Manager: Natileene Cassel 3580 Legal
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 3-21-2012 Agenda Deadline: 3-6-12
CONTRACT COSTS
Total Dollar Value of Contract: $ 0
Budgeted? Yes❑ No ❑ Account Codes:
Grant: $
County Match: $
Current Year Portion: $ 0
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (ev maintPnnnrP iit;i;ti
CONTRACT REVIEW
Changes
iitorial, salaries, etc.
Date In Needed R�eev�ie
Division Director Yes[:] No❑-.
Risk Management a Yes❑ No A
O.M.B./Purchasing. 1 0 Yes❑ NoE[
County Attorney l Yes[] Noa'
Comments: l
Date Out
AMENDMENT 1
TO INTERLOCAL AGREEMENT BETWEEN
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
AND MONROE COUNTY SHERIFF'S OFFICE FOR
CONSOLIDATION AND MANAGEMENT OF EMERGENCY COMMUNICATIONS
THIS FIRST AMENDMENT is entered into on the _ day of 2012, to the Interlocal
Agreement between Monroe County Board of County Commissioners and Monroe County Sheriffs
Office for Consolidation and Management of Emergency Communications ("ILA"), dated February
21, 2007.
WHEREAS, the COUNTY and MCSO recognize that emergency communications are essential
to the public safety and welfare of the people of Monroe County, and
WHEREAS, COUNTY states that the ILA serves the public purpose of providing better
coordination of 911 services for law enforcement, residents, and all uses; and
WHEREAS, the goal of COUNTY and MCSO is to continue to maintain and enhance 911 and
emergency communication service throughout the County, and
WHEREAS, the Monroe County Sheriffs Office ("MCSO") currently maintains and operates
Monroe County's Communications systems and equipment under the ILA; and
WHEREAS, Monroe County ("COUNTY") and its residents and visitors have been well
served by the ILA; and
WHEREAS, COUNTY wishes to amend the ILA to extend it for a longer period of time and to
clarify certain provisions;
NOW THEREFORE, in consideration of mutual promises, covenants, conditions and
agreements stated herein, and for other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the parties hereby further agree as follows:
1. Paragraph 1 TERM, of the ILA, is amended to read as follows:
"1 TERM
The ILA shall continue in effect and shall be extended for an additional term of Ten
(10) years retroactive to February 21, 2012 and ending February 21, 2022."
11Page
2. The remaining terms of the ILA, not inconsistent herewith, shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have been executed this Amendment, this
Amendment will take effect upon passage by the Monroe County Board of Commissioners and
execution by both parties.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By:
Deputy Clerk
Date:
WITNESS TOM SO: `
Witness:
e,
3 �P iZ Name
Date:
MONROE COUNTY ATTORNEY
Z
RO ED AS TO F M:
NA 1LEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
Date -. 3,2
2 1 P a g P
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
57
Mayor/Chairman
Date:
MONROE COUNTY
By:
Person with
Date:
MONROE
J.
V'W
SHERIFF'S OFFICE
1S TO FORM:
INTERLOCAL AGREEMENT
BETWEEN
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
AND MONROE COUNTY SHERIFF'S OFFICE FOR
CONSOLIDATION AND MANAGEMENT OF EMERGENCY COMMUNICATIONS
THIS INTERLOCAL AGREEMENT is entered into this 'day
Of 2007 between the MONROE COUNTY BOARD OF COUNTY
COMMISS NERS ("COUNTY"), a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida 33040 and the MONROE COUNTY
SHERIFF'S OFFICE ("MCSO"), a political subdivision of the State of Florida, whose
address is 5525 College Road, Key West, Florida 33040.
WHEREAS, MCSO has purchased and is operating a county -wide 800 MHz
trunked radio system that serves the needs of MCSO and various departments of local
government and public utilities; and
WHEREAS, the Monroe County Emergency Communications Department
currently operates and maintains the County's communications systems and equipment;
and
WHEREAS, the COUNTY and MCSO have determined that improved efficiency
and coordination of the management and operations of the emergency communications
systems can be better achieved by consolidating Emergency Communications
Department personnel, equipment, and expertise within the MCSO operations; and
WHEREAS, the COUNTY and MCSO recognize that emergency
communications are essential to the public safety and welfare of the people of Monroe
County; and
WHEREAS, the goal of the COUNTY and MCSO is to maintain and enhance
""911 "" and emergency communication service throughout the County.
NOW THEREFORE, in consideration of the mutual promises, covenants,
conditions, and agreements stated herein, and for other good and valuable considerations,
the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. TERM
Subject to and upon the terms and conditions set forth herein, this Agreement shall
commence upon approval by the Monroe County Board of County Commissioners and
shall continue in effect for five (5) years, unless terminated earlier, pursuant to Section 8.,
below.
2. SCOPE OF WORK
MCSO shall takeover the responsibility for the following:
A. Operating and maintaining the public safety system radio system and other
communications systems, including MCSO Astro Digital SmwtZone goo MHz
IntellsteiRepeater system, Monroe County FN&Rescue UB F amvewonal communications
sym, and Monroe County public Works/Social Services VHF conventional system.
B. Acting as final decision maker for communications systems, desiM
purchases, training and maintenance for present and tirture technologies; subject to
restrictions of statute and this Agreement,
C. Serving as designated representative to municipal, county, state and federal
agencies tasked with implementing Department of Homeland Security requirements
involving communication on the County's behalf
D. Serving as the designated representative to municipal, county, state, and
federal
agencies tasked with implementing inter -operability requirements involving
communication on the County's behalf
E. Supervising federally required re -banding of 800 MHz public safety
frequencies,
F. Acting as decision maker for all radio and structural engineering issues
pertaining to the operation, maintenance, and loading of all towers
and
communication equipment; subject to restrictions of statute and this Agreementemergency
G. Acting as decision maker regarding decign, purcha� maintenance and training
Of "911" system technologies for MCSO
Public Safety Department, '' West Police Department and Ocean Reef
F. Communicate with COUNTY through
regard to any contract issues. or contract compliance sues which C�� A�0ca rney or her designee with
the filture in the implementation and maintenance of this Agreement
arise
rise or may arise in
3. FUNUM
The funding for this Intedocal Agreement shall be as follows:
A COUNTY retains exclusive authority to impose
collect and to disburse "911" funds received under Florida Statute § 65.1rues, to �71. Thne e "rqi 1 "n
fees Pursuant to Florida Statute §§365.171, 365.172, and 365.173 by the MCSO as set forth in statute and in shall be administered accordance with this Agreement
Initial transfer of the fund balance shall be accomplished in the following manner.
An estimated fund balance shall be transferred to the MCSO at the end of the month in
which this Agreement is approved by the Board of County Commissioners and the
remainder shall be transferred following the completion of the annual audit performed by
the external audit or as soon as practicable thereafter.
Subsequent transfers of the annual recurring revenues shall be done on a quarterly
basis within 30 days of receipt by the Clerk from MCSO of the quarterly financial report
Of the receipts, expenses, and amounts to be carried forward, as set forth in Section 6 D of
this Agreement.
B. County retains exclusive authority to collect and disburse funds received
under Florida Statute §318.21(9). The fees from Florida Statute §318.21(9) shall be
administered by the MCSO as set forth by statute and must be used to fund County's
participation in the inter -governmental radio communication program and in accordance
with this Agreement
Initial transfer of the fund balance shall be accomplished in the following manner:
the
An estimated fired balance shall be transferred to the MCSO at the end of month in
.
which this Agreement is approved by the Board of County Commissif thes and the
remainder shall be transferred following the completion of the amoral audit pm�'ormed by
the external auditor or as soon as practicable thereafter.
Subsequent transfers of the annual recurring revenues shall be done on a quarterly
basis within 30 days of receipt by the Clerk fiom MCSO of the quarterly financial report
Of the receipts, expenses, and amounts to be carried forward, as set forth in Section 6 D of
this Agreement.
C. Funding for County personnel who will become employees of MCSO
under this Agreement shall be appropriated by the Board of County Commissioners in an
amount approved by COUNTY as part of the MCSO budget and pursuant to Florida
Statute §30.50(1) which states "The sheriff shall requisition and the Board of County
Commissioners shall pay him or her, at the first meeting in October of each year, and
each month thereafter, one -twelfth of the total amount budgeted for the offs
that at the first meeting in January of each year, the Board shall, at the request of tthhe
Pay one -sixth of the total appropriated, and one -twelfth each month thereafter,
which payments shall be not more than the total ap
om Provided fluther that an
part of the amount budgeted for equipment shall be paid attaany timeduring the year upon
the request of the Sheriff"
D. Monroe County's performance and obligation to pay under this contract, is
contingent upon an annual appropriation by the BOCC.
k]
Personnel presently employed by County Emergency Communications Department and
their positions presently funded in the current budget shall be transferredto the MCSO.
The personnel shall retain their jobs and shall become employees of MCSO. They shall
receive the same benefits and serve under the same regulations. as other employees of the
MCSO,
A. The MCSO shall employ a ""911" coordinator and may employ other
employees as authorized under Florida Statutes 365.171.
These funded as provided by statute The person holding the 911 positions shall be
hold another position at the same time,so long as the duties land rdmator Position may
g teary are distributed on
a Percentage of time basis so that the "911" fees support only that portion of the position
directly related to the duties of ""911 "" coordinator.
5• �►Ptjggj 'RAT OR TOWERS
Administration and maintenance of the communication tow
er
4 communications
equipment (except the privately owned equipment as noted in Sections 9. and 10. of this
Agreement), and personnel management SMU be the responsibility of the MCSO with the
understanding that the communications shall be maintained for the benefit of the
residents and visitors to Monroe County and that the
insure the continued Srnctioning of the commuwcatiopurposens systems, , this Agreement is to
and related systems on a continual and uninterrupted especially the "911"
emipted basis
6• ADMIIITI_CTReTION O>� "911^ FA'l�q
All "911" funds shall be received and deposited in the Office of the Clerk of the Court
and shall be placed in an interest bearingo
MCSO by the Clerk on a account.
The Funds shall be distributed to
Parties under the following conditions:
quarterly basin starting within 30 days of the execution by all
A. MCSO acknowledges that the "911" fees shall be compliance with Florida Statutes §§365.171, 365.172, 365.173, an administered
� in
statutes.
B. MCSO shall establish a separate interest hearinga
exclusively for receipt and expenditure of ""91 I "" fee r account to be used
in said fund, along with any hrWest accrued thereu aft fees shall be placed
solely for ""91 I— costs described by statute POe Fees and interest shall be used
C. MCSO shall employ a —911 "" coordinator as provided b
agrees that the Chief Financial Officer ofthe MCSO shall be responsible for theehandling
of ""911 "" fees; and shall be available at all times to answer fiinding inquiries from the
Clerk of the Court and/ or the Board of CountC
distribution of any items)) flom ""91 l "" feeyommissioners regarding the receipt and
moues.
L,
D. MCSO shall submit to the Clerk a quarterly financial
orward. The report should include
receipts, expenses, and amounts to be carried f
re oft of the
verification that expenditures were eligible under the terms of this agreement and under
all applicable laws. A final report shall be made at the end of the term of this Agreement
or upon Termination of the Agreements in the same manner as the gUarterly report and
including all the receipts and disbursements during the entire term of the Agreement and
shall be submitted within 45 days of the date the Agreement ends or is terminated b either party. The quarterly report and the annual report should include the following
certification: "I certify that, to the best of my knowledge and belicC the expense
statement submitted is correct and that all expenses were made in accordance
Agreements with Monroe County and with Florida Statutes and that no with the
been submitted in Previous statements." The certification should be si ses
have
financial officer of the MCSO. ! bye
E. MCSO shall keep such records and accounts as may be necessary in order
to record complete and correct entries as to any income, expenditure and amounts to be
carried forward. The Clerk of the Court shall arrange for an audit to be performed on the
account on a yearly basis and said audit may be included in the annual audit of the
County and Constitutional officers.
F. MCSO acknowledges that ""911 "" fee revenues everrues shall not be used t0 pay
any item not listed in the statute, includingbut not limited to, any capital or
,
operational costs for emergency responses which occur after the call transfer to responding public safety entity, including the MCSO, and the costs for constructing the
buildings, leasing buildings, maintainingbuildings,
those building modifications necessary to maintaior renovating buildings, except for
of the Public Safety AnsweringPoint �„ se�ty and environmental integrity
(PSAP) and 911 equipment rooms.
G. Florida Statute §365.171 contemplates that there may be un in the Rind. MCSO agrees to administer any funds carried forward ass specified nt moneys
In no event shall MCSO carry forward more than 10 by statutes
the prior year. MCSO shall notify COUNTY in its girt Offinancialthee11" fee billed for
report specifically the amount of money to be carried forward, and the report and annual
"911" fee for the prior year that said amount represents. Peiceniage of the
The MCSO shall be responsible for document' any arry over and
any resolution to be presented to the Board of County Commission oners. Any
resolution
shall express the purpose of the carryover and/or the reason for adoption of a capital
improvement program identifying projected expansion or replacement expenditures for
y set forth in statute, Any
approval for carry over, capital improvement exPendture, as well as any increase in
"911" fees shall remain the responsibility of the Board of
request to increase fees shall comply with Florida Statutes §365.17711(1) issioners. A
H. Nothing in this Agreement is intended to be inconsistent with current law
and statute; if an inconsistency of any kind develops, either through interpretation or
through change in the applicable law or statute, then the current statute shall control.
7.
WjV_r_RAMNOFEL9WA MUMMIUM
All fiends under Florida Statute §318.21(9) shallbe received and deposited in the Office
Of the Clerk of the Court and shall be placed in an interest bearing account. The Funds
shall be distributed to MCSO by the Clerk on a quarterly basis, starting within 30 days of
the execution by all parties under the following conditions:
A MCSO acknowledges that the fees shall be administered in strict
compliance with Florida Statutes §318.21(9).
B. MCSO shall establish a separate interest bearing account to be used
exclusively for receipt and expenditure of Florida Statutes §318.21(9) fee revenues; all
fees shall be placed in said fund, along with any interest accrued thereupon. Fees and
interest shall be used solely to fund the County's participation in the inter -governmental
ermnental
radio communication prograrn described by Florida Statutes §318.21(9).
C. MCSO agrees that the Chief Financial Officer of the MCSO shall be
responsible for the handling of Florida Statutes §318.21(9) fees; and shall be available at
all times to answer funding inquiries from the Clerk of the Court and/or the Board of
County Commissioners regarding the receipt and distribution of any item(s) from Florida
Statutes §318.21(9) fee revenues,
D. MCSO shall submit to the Clerk a quartedy financial report of the
receipts, expenses, and amounts to be carried forward. The report should include
verification that expenditures were eligible under the terms of this agreement and under
all applicable laws. A final report shall be made at the end of the term of this Agreement
or upon Teaming+ion of the Agreemen in the same manner as the
including all the receipts and disbursements duringthe entire terra of the ply err t report and
shall be submitted within 45 days of the date th'm nent and
either party. The carted Agreement ends or is terminated by
quarterly report and the annual report should include the following
certification: `Z certify that, to the best of my knowledge and belief the expense
statement submitted is correct and that all expenses were made in accordance with the
Agreement with Monroe County and with Florida Statutes and that no
been submitted in previous statements." The certification should be signed expenses have
Financial Officer of the MCSO. by the Chief
E• MCSO shall keep such records and accounts as may be
to record complete and correct entries as to an income,y in order
be
carried forward The Clerk of the Court shall arrange for an ditto b perford onand amounts the�o� on a yearly basis and said audit may be included in the annual audit of the
County and Constitutional officers.
6
F. MCSO acknowledges that Florida Statutes §318.21(9) fee revenues shall
not be used to pay for any item not contemplated in the statute. The statute states
"Twelve dollars and fifty cents from each moving trWMc violation must be used by the
county to fund that county's participation in an intergovernmental radio communication
Program approved by the Department of Management Services, If the county is not
participating in such a program, funds collected must be used to fund local law
enforcement automation and must be distributed to the municipality or special
imProvement district in which the violation occurred or to the county if the violation
occurred within the unincorporated area of the county."
G. MCSO shall continue to pay on behalf of COUNTY out of Florida
Statutes § 318.219(9) fee revenues on all leases, purchases of equipment, or other
agreements that have been traditionally paid from these fees in the past. COUNTY and
MCSO and CLERK shall work together to ensure that all payments and obligations
presently paid from thew fees will continue to be paid from those fees so that COUNTY
will not be left with payments which were traditionally paid gom, or which should be
paid from, Florida Statutes §318.219(9) fee revenues after the transfer of the funds to
MCSO.
11 Nothing in this Agreement is intended to be inconsistent with current law
and statute; if an inconsistency of any kind develops, either through WerpreWon or
through change in the applicable law or statute, then the current statute shall control.
8• MAMN OF A .RxE T
COUNTY may terminate this Agreement without cause upon affirmative majority vote of the Board of County Commissioners which action shall serve as formal notice to the
MCSO of intent to t the Agreement one hundred and eighty date of the vote MCSO t t3�3► (180) days from the
COUNTY
terminate this Agreement without cause by giving
written notification of intent to terminate one hundred and eighty (180) days
from the date of such notice; notice from MCSO shall be by certified mail.
COUNTY or MCSO may terminate this Agreement for cause b
written notification of a breach, providing seven ? giving the other party
the other party to cure, and if not cured, () ma's from the date of such notice for
notice of termination of this A greemerngiving an �0 thirty (30) days written
.
Both parties agree that they will work together in the can of t
smooth transition of service,termination to provide a
Personnel, Rinds and equipment,
9. CONTRAM MTm PRIVATE COMPANIES
This Agreement does not apply to the maintenance and
of the privately
owned and operated equipment which is presently located on any on Of of the towers. All
leases or contractual agreements with private companies,
division of the State, Federal or local governmens shall of beeaaffe agencies by s
by this
7
Agreement, and shall remain in full force and effect. MCSO shall honor said agreements.
MCSO and COUNTY shall coordinate with each other regarding these contracts
A. COUNTY and MCSO agree that when MCSO takes over the County
Emergency personnel that COUNTY may no longer have the ability to handle certain
disputes, therefore, if any technological, contractual, oPerational or other issues arise
between MCSO and the private owners or their equipment then MCSO shall immediately
contact the County Administrator in writing. The writing shall describe the issuer the
parties to the issue, how they can be contacted and the contract involved
B. County Administrator shall make the determination of whether the issue
should be handled by MCSO or by COUNTY, both parties agree to abide by the County
Administrator's determination, and agree to assist each other to resolve the issue.
10. _111111 I lit A MiJ1VICIPAL
COUNTY recognizes that the present Emergency Communications Division is also
Providing contract maintenance services to the City of Marathon under existing contract;
and is providing ongoing contract coordination with outside agencies including NOAH to
assist with the installation and maintenance of government and public safety radio
systems. MCSO will continue to provide the contract maintenance services to the City of
Marathon under existing contract; and will continue to provide ongoing contract
coordination with outside agencies including NOAH to assist with the installation and
maintenance of government and public safety radio systems. It is the not intent of this
agreement to interfere with those contra.
11. RECORDS — ACCFgg AND AUDIIT1
All parties shall maintain adequate and complete records during the term of the Agreement and for a period of four years after termination of this Agreement. The
COUNTY, and their officers, employees, agents, and/or designees
the MCSO books, records, and documents related to this shall have access to
normal business hours n Agreement at any time during
upon request. The Cleric of the Court shall have the right to
examine such records and accounts at any time during normal business hours upon
request; if the Clerk of the Court requires copies of any records or accounts he all
advise the MCSO in writing of the documents to be copied and MCSO shall have five shal
business days to comply.
Certain fixed assets belonging to COUNTY have been purchased by COUNTY and have
been used by COUNTY Emergency Communications.
A. A Fixed Asset Listing for Fiscal Year 2006 is attached hereto and made a
Part hereof as EXMBIT A. Said assets shall be transferred from COUNTY to MCSO by
operation of this Agreement. If this Agreement is terminated for any reason the assets on
MCSO inventory shall be transferred back to COUNTY from MCSO along with any
further assets purchased with "911" fees or §318.21(9) fees.
B. Ownership of the following assets on the Fixed Asset Listing for Fiscal
Year 2006 shall be transferred fiom COUNTY to MCSO. COUNTY shall provide the
necessary documents to transfer ownership from COUNTY to MCSO. MCSO shall
provide insurance for the assets beginning on the date of transfer.
# _Descriotive Information
1. 2349 2000 Chevrolet Van with light Bar #1GCFG25M6Y1112322
2. 2395 2000 Ford Windstar Van #2FTZA5449YBC98928
3. 2431 1977 18 Wheeler Trailer manufactui ed by Great Dane #80242
4. 5142 2006 Ford E-250 Van
#I FTNE24WX6HA87871
C. COUNTY and MCSO shall work together to facilitate the transfer of
ownership from COUNTY to MCSO including the draf}ing of any documents necessary
for said transfer.
13. NON DATION
MCSO and COUNTY agree that there will be no discrimination against any person, and
it is expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatica t terminates without any
further action on the part of any party, effective the date of the court order. MCSO and
COUNTY agree to comply with all Feder and Florida Statutes, and all local ordin
as applicable, relating to non-discrimination. Theseances,
include but are not limited to: 1)
Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on
the basis of race, color or national origin; 2) Title IX of the Education Amendment of
1972, as amended (20 USC ss. 1681-1683, and 1685-1686). which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4)
The Age Discrimination Act of 1975, as amended (42 USC ss. is of handicaps;
which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), as amended, relating to non-discrimination on the basis of drug
abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to non-discrimination on
the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss.
523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality
of alcohol and drug abuse patent records; 8) Title VM of the Civil Rights Act of 1968 (42
USC s. et seq.), as amended, relating to non-discrimination in the sale, rental or financing
of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Notel as
may be amended from time to time; relating to non-discrimination on the basis of
disability; 10) Monroe County Code Ch 13, Art VI, prohibiting discrimination on the
basis of race, color, sex, religion, disability, national origin, an
gender identity or expression, familial status or age; and 11) any ancestry,
non-discrimination
9
provisions in any Federal or State Statutes which may apply to the parties to, or the
subject matter o� this Agreement.
14. COVENANT OF NO DMERST
COUNTY and MCSO covenant that neither presently has any interest, and shall not
acquire air interest, which would conflict in any manner or degree with its performance
under this Agreemenk and that the only interest of each is to perform and receive benefits
as recited in this Agreement.
I& CODE OF E33MCS
COUNTY agrees that officers and employees of the COUNTY recognim and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency, unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
16. NO SOLICITATION/PAyME�T
The COUNTY and MCSO warrant that, in respect to itseK it has neither employed nor
retained any company or Pin' other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or BM other than a bona fide employee working
solely for it, any fee, commission, percentage, 9A or other consideration contingent
upon or resulting flom the award or making of this Agreement. For the breach or
violation of the provision, the MCSO agrees that the COUNTY shall have the right to
terminate this Agreement without liability and, at its discretion, to offset from monies
owed, or otherwise recover, the firll amount of such fee, commission, percentages gift, or
consideration.
17. PUBLIC ACCESS
COUNTY and MCSO shall allow and permit reasonable access to, and inspection o4 all
documents, Papers, letters or other materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY
and MCSO in conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by MCSO.
18• LEGAL O1 IGATrnrra AND' E,MM sip
This Agreement is not intended to, nor shall it be construed as, relieving entity from any obligation or responsibility imposed upon the enti participating
the
extent of actual and timely Performance thereof ty by law except to the
the performance may be offered in satisfaction of the obligation entity, in which case
gation or responsibility.
10
Further, this Agreement is not intended to, nor sha11 it be construed as, authorizing the
delegation of the constitutional or statutory duties of COUNTY or MCSO, except to the
extent permitted by the Florida constitution, state statute, and case law.
19. HOLD HARMLESS AND INDEMNIFICATION
COUNTY and MCSO are political subdivisions of the State of Florida and are covered
under Chapter 768.28. Each agrees to be fully responsible for acts and omissions of
their
agents or employees to the extent permitted bylaw. Nothing herein is intended to serve as
a waiver of sovereign immunity by any, party to which sovereign immunityapplies.
Nothing herein shall be construed as consent b either Pi
Y party to be sued by third parties in
any matter arising out of this Agreement.
20. NON REL1&N Av No p RI4
No person or entity shall be entitled to rely upon the t
Agreement to enforce or attempt to enforce an third-party� or any rd them, t t thus
benefit of any service or program Y claim or emitlemeurt to or
p gram contemplated hereunder, and the COUNTY and the
MCSO agree that neither the COUNTY nor the MCSO or any agent, off, or employee
of either shall have the authority to inform; counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or
benefits under this Agreement separate and apt inferior to, or superior to the
community in general or for the purposes contemplated in this Agreement.
21. ffQ
No covenant or agrecarmt contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of COUNTY or MCSO in his or
her individual capacity, and no member, officer, agent or employee of Monroe County
shall be liable personally on this Agreement or be subject to an
accountability by reason of the execution of this Agreement. Y persons, liability or
22. EXEC M' Inv COIIN'iLRPARTS
This Agreement may be executed in any number of counterparts,
shall be
regarded as an original, all of which taken together shall constitute one and tithe same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart
23. SECTION HEADING
v
Section headings have been inserted in this Agreemert as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
11
Neither party may assign this Agreement or assign or subcontract any of its obligations
under this went without the approval of the MONROE COUNTY BOARD of
COUNTY COM WSSIONERS. All the obligations of this
bind the legal representatives, successors and assignsAgreement will extend to and
of MCSO and the COUNTY.
25. SUBORDiNATTON
This Agreement is subordinate to the laws and regulations of the United States, the State
of Florida, and Monroe County, whether in effect on commencement of this Agreement
or adopted after that date.
If 26. anycondnton o ' ' r obligation of thisAgreethis Agreement the inconsistencies shall struedlso ict with other items in
terms which limit the COUNTY'S responsb• give meaning to those
ility and liability.
27• ETHIC3 •AUSE
MCSO warrants that it tias not to
alf any
former COUNTY officer or employee subject t to the Proed or hibition of Sectiohad act on its n 2 of
Ordinance
No. 010-1990 or any COSY of or employee in violation of Section 3.
f Ordinance No. 010-1990. For breach or"
of this provision, the COUNTY
may. in
its discretion, terminate this Agreement without liability and may al on, deduct from the Agreement or purchase Price, or y % in its
amount of any fee, commission, P . e' othn�90 recover, the full
COUNTY officer or 4 Percentage, gift or consideration paid to the former
employee.
2& CONS TRUCTI N
This Agreement has been carefully reviewed by MCSO and the CO this Agreement is not to be construedUNTY- Therefore,
again any party on the basis of authorship.
29. NO --
Notices in this Agreement, unless otherwise
the following; ed• must be sent by certified mail to
QUM
County Administrator
1100 Simonton Street
Key West, FL 33040
And
12
M .
Chief Bureau of Administration
Monroe County Sberiff Office
5525 College Road
Key West, FL 33040
And
County Attorney
P.O. 1026
Key West, FL 33041-I026
1191 V Coordinator
Monroe County Sheriff's Office
5525 College Road
Key West, FL 33040
This AXeement is the parties' final mutual and agreements or understandings, whether written or . It any earlier
modified or replaced except in a written amendment duly executed by both parties.
EFP`fr DAT>p'
This Agreement
Will take effect upon page
i parties.
rk
MONROE COUNTY ATTORNEY
APPROVED AS TO RM:
N*IE-E'WN-E W. ASSEL
ASSISTANT COUNTY ATTORNEY
by the Momtie County Board of
BOARD OF COUNTY C0 ON
OF MO OE CO ERS
16 ORIDA
By:
Mayor Mario DiGennaro
w"47
MONROE c �'F's oFFi
,
BY:
Sigma
c oth, Sheriff
2/Cc[-y-
Printed Name
Date: (p
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SHERFFS OFRCE
MONROE COUNTY ,RADA
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