06/11/2014 AgreementHOMELESS 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 3132 Flagler Ave., Key West, Florida 33040 (the "CITY").
WHEREAS, on March 18, 2009 the CITY and COUNTY entered into a 5 year
agreement wherein the CITY operated a homeless safe zone shelter on property owned by the
COUNTY; and
WHEREAS, the CITY and COUNTY were named as codefendants in a lawsuit filed
by Sunset Marina Residences Of Key West Condominium Association, Inc alleging that the
CITY and COUNTY failed to follow the City's Land Development Regulations (LDR's) and
that the CITY AND COUNTY created public and private nuisances when it placed the
Homeless Safe zone shelter at its current location; and
WHEREAS, the parties have entered into a settlement agreement which requires the
CITY to relocate the Homeless Safe Zone Shelter; and
WHEREAS, the current Homeless Safe Zone Interlocal Agreement expires on March
21,2014;and
WHEREAS, the CITY is currently in the process of identifying suitable alternative
locations for the Homeless Safe Zone; and
WHEREAS, the parties desire to enter into a month to month interlocal agreement
for purposes of complying with the settlement agreement and relocating the Homeless Safe
Zone Shelter;
NOW, THEREFORE;
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 on a MONTH TO MONTH basis
commencing as of the 22 day of March, 2014, and terminating upon 30 days
written notice by either party.
1
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 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
Premises. Any activities that in any way involving hazardous materials or
hazardous 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 Sheriffs 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.
2
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. The CITY shall be responsible for paying any and all costs
of 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 the CITY and any
permits required by law by any other agency, federal or state. Any such
structure 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. The COUNTY reserves the right to inspect the area and to require whatever
adjustment to structures or improvements as the 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, as referenced in 3.a.
herein.
k]
7. MECHANIC'S LIENS. The CITY shall not permit any mechanic's lien or
liens to be placed on the Premises or on improvements on or made to 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 Sheriffs 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.
8. 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.
Pursuant to Florida Statute §119.0701, the City and its subcontractors shall
comply with all public records laws of the State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
Monroe County in the performance of this Agreement.
(b) Provide the public with access to public records on the same terms and conditions that
Monroe County would provide the records and at a cost that does not exceed the cost
provided in Florida Statutes, Chapter 119 or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe
County all public records in possession of the contractor upon termination of this Agreement
and destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically must be provided to
Monroe County in a format that is compatible with the information technology systems of
Monroe County.
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.
11. INSURANCE. The parties to this agreement stipulate that each is a state
governmental agency as defined by Florida Statutes. The parties represent to each other that
4
each has purchased suitable Public Liability, Vehicle Liability, and Workers' Compensation
insurance, or are 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 CITY
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.
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 Monroe County Commission, County officers and employees, and the
Monroe County Sheriffs Office, its officers and employees, from and against any and all
claims, demands, causes of action, losses, costs and expenses of any 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 sole 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
W
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 the 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 thirty (30) 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
cessation of homeless safe zone operations, all improvements, equipment, and other personal
property 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. 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
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 Monroe 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. 010-1990. For breach or violation of this provision,
31
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: CITY:
County Administrator City Manager
1100 Simonton Street, Suite 2-205 3132 Flagler Ave.
Key West, FL 33040 Key West, FL 3 3040
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. This Agreement will take effect on March 22,
2014.
Ln
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by
iorized representatives.
AMY HEAVILIN, CLERK
11
�z""iiiiiii 1 1 1,117 / 7, 1.
L I k I ik
101 ad [$13 1•] OKKOI01:1 IAVM a pill R I I
TY OF KEY WEST
a y r
h
EMBIT A. TO
PAGE 1 OF
r
M
M
w
ai
EXHIBIT Al
R
i
s
t
` K*UU ESS SAn Zogg y11'rMUWAL AGMUROW . .
PAM 2 OV 2 PAGES