Item E19AJ);) 0/V
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: NOVEMBER 16, 2005 DIVISION: COMMUNITY SERVICES
BULK ITEM: YES DEPARTMENT: LIBRARY
AGENDA ITEM WORDING: Approval for the Monroe County Public Library to close on Christmas Eve, Saturday,
December 24, 2005.
ITEM BACKGROUND: Since Christmas Eve falls on a Saturday this year, all other County public offices will be dosed.
Approval is requested for the Library to do likewise, enabling Library employees also to enjoy a full holiday weekend. Staff
scheduling would be adjusted to ensure that Library staff would not receive any more holiday time than other County staff.
PREVIOUS RELEVANT B )CC ACTION: Approval has been granted in similar situabons in the past.
CONTRACT/AGREEMENT CHANGES: NIA
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A
COST TO COUNTY: N/A
REVENUE PRODUCING: WA
APPROVED BY: County Attorney N/A
BUDGETED:
AMOUNT PER MONTH /YEAR:
OMB/Purchasing N/A
N/A
Risk Management N/A
DIVISION DIRECTOR APPROVAL ,�J�t-� fi
SHEILA BARKER, DIVISION DIRECTOR
DOCUMENTATION: Included To Follow Not Required XX
AGENDA ITEM # 4�7 " ( g
DISPOSITION:
NOV- 17- 2005 9:18AM
NO.0270 P. 1
Forbis Electric
1876 Trade Center Way
Naples, FL. 34109
Phone (239) 597-7121
Fax (239) 597-3187
Commercial, Multifamily. Government, Electrical Work
`WE CAN HANDLE IT 24/7/365'
Fax Transmittal Form
Number of Pages, Including Cover: 7 pate: November 17 ,2005.
Attention: Susan Grimsley
Office of the County Attorney From : Milton Seda, Controller
PO BOX 1026
Key West, FL 33041-1026
Phone / Fax: 1- 305-292-3516
message: Please find attached the Agreement signed by Richard
Forbis C.E.O. ; please submit copy signed by Mayor Chairman and by
City Manager for our records.
"thanks for your assistance and cooperation on this project.
Regards,
Milton Seda
Controller
CC: Richard Forbis C,F.O
Ronald Forbis Vice -President C.O.O.
3052 NOV. 17. 2005. 9:18AM'
WIV14mutCOUNTY ATT - . — — N0, 02707 P. 2
_
09:43;5o 11-17.2005
217
AGREEMENT
This Agreement by and between Monroe County, a political subdivision of the State of
Florida ("County") whose address is 1100 Simonton Street, Key West, Florida 33040,
the City of Key West, a municipal corporation of the State of Florida ("City"} whose
address is 525 Angela Street, Key West, Florida 33040 and Forbis Systems, Inc-,
Richard Forbis, Contractors & Richard Forbis, Inc. ("Forbis") whose address is 18�6
Trade Center Way, Naples, Florida. 34109
VaMSSETH:
WHEREAS, the 2005 Florida hurricane Wilma Disaster destroyed many homes and has
displaced many residents from their houses and lodging in the City of Rey West and
Monroe County; and
WHEREAS, Forbis is a subcontractor delivering mobile homes at the direction of the
and
Emeergency Management Agency CTEW') for residents in Monroe County;
and
SAS, City owns property known as the Botanical Gardens CTroperty") on Stock
Island which has an area that is undeveloped and available for a staging area for Forbis to
take delivery of the mobile homes and distribute them; and
WHEREAS, this property is located within Monroe County and PEMA, requires Forbis to
receive permission from City and County to use the Property; and
WHEREAS, City and County desire that FEMIA, through its subcontractor Forbis, deliver
temporary housing to the residents of Monroe County;
NOW, THEREFORE, the parties agree as follows:
!. ENltk ENTII+'IC TION NUMBER
The Employer Zdentiffcation Number for FORBIS is 59-2303.130.
2. TY ADD U SS
The address for the property is 5210 College Road, The real estate parcel
identification number for the property is 00072080-001800,
- . NOV. 17. 2005- 9:18AM
3052 .V IAVNKvtCOUNTY ATT
NO. 0270- P. 3
09:44:08 11.17-2005 317
3. USE OF PROPERTY
The parties shall meet and determine the exact portion of the property to be used.
County and City authorize Forbis as a subcontractor of FEMA to operate a disaster
program recovery site on the Property for the distribution of mobile homes on behalf
of FEMA .
4. J=CUW DATE AND TERM
This Agreement is effective upon the date of the execution by all parties. Forbis may
use the Property from the effective date until April 30, 2006, unless the distribution of
mobile homes ceases before that date, in which event Forbis shall vacate the premises,
5. MAREMNANCE SE('TT�
6.
Forbis shall maintain all aspects of the grounds used by Forbis and assure that it is and
remains an adequate workplace. Forbis agrees to keep the area clean and agrees not to
cause damage to the Property. Forbis agrees to restore the Property to its original
condition after vacating the Property_ Forbis shall leave the property in the same
condition as when Forbis arrived and shall remove all equipment, supplies, signage,
and waste material. Forbis shall be responsible for its own security and neither City
nor County shall be responsible for loss og theft, vandalism, or damage to property of
Forbis.
Forbis shall be responsible for the cost of any utilities used or installed on the Property.
7. RQIM E[AR1VlT,>C_ q
Forbis covemts and agrees to indemnify and hold harmless County and City, their
commissioners, officers, employees, agents, servants and volunteers from any and all
claims for bodily injury (including death), Personal iniuM and
dam
(including Property owned by County and City) and any other losse dam ges anndd
expenses, including attomWs fees and costs which arise out of, in coimection with,
or by reason of Forbis use of the property or services provided by pours or any of its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of Forbis or its Subcontractors in any tier, their employees, agents or
servants_
The extern of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere witbin this agreement. The provisions of this
section shall survive the expiration or earlier termination of this agreement.
aosd'NOV, 17. 2005 9.190_.__........ �. -_.. NO. 0270- -P. 4—
�•�..� COUNYYATT
09;44:24 11-17-20o5 4 r7
8. IND)�PENDENT �—N'TRA�
At all times and for all purposes under this agreement Forbis is an independent
cantracor and not an employee of City or County. No statement contained in this
agreement shall be construed so as to find Forbis or any of his/her employees,
contractors, servants, or agents to be employees of county or City.
9. C—OW—IJANCE Wr LA
Forbis shall comply with all Federal, State and local laws applicable to this
Agreement.
10. SOVERMGN pdAf1 lKl('1"Y
Nothing in this Agreement shall be construed as a waiver of any sovereign immunity
by City or County.
11. $ CE
Prior to execution of this agreement, and makdaiuued throughout the life of the
contract, Forbis shall furnish to City and County Certificates of Insurance indicating
the minimum coverage limitation as listed below:
A General Liability — include as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be One Million .Dollars ($1,000,000.00)
each occurrence, Two Million Dollars ($2,000,000.00) in the aggregate, and
One Million Dollars ($1,000,000.00) personal injury, An Occurrence Form
policy is preferred, 1f coverage is changed to or provided on a CIaims Made
Policy, its provisions should include coverage for claims filed on or after the
effective date of this contract.
13, Vehicle Liability — include as a minimum;
Owned, Non -Owned, and lffivii Vehicles
The minimum limits acceptable shall be One woon Dollars ($1, 000,000. 00)
Combined Single Limit.
sos�NOV. IT 2005 9:19AM. NO 0270 P . 5-
�—
,.,u�K�t couNrYaTr _._......_._ ..,,`
00:44:39 11-17-2006 5 n
C. Workers Compensation — limits sufficient to respond to Florida Statute 440.
The above coverages shall be provided by a company or companies
authorized to transact business in the State of Florida and the company or
companies must maintain a minimum rating of A VL as assigned by the A.M.
Best Company.
12. NOTICE REOtrNT
Any notiee required or permitted under this agreement sha11 be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned
receipt requested, to the following.
FOR COUNTY
Mr. Tom Willi
Monroe County Administrator
1100 Simonton Street
Key west, FL 33040
FOR C1 TY
Mr. Julio Avael
City Manager
525 Angela Street
Key West, FL 33040
FOR FORSIS
Milton Soda and Richard F'orbis
1876 Trade Center way
Naples, F134109
14 -- !Am is
This Agreement shall be governed by and construed in accordance with the laws
Of the State of Florida applicable to contracts made and to be performed entirely
in the State.
In the event that any cause of action or administrative proceeding is instituted for
the enforcement or interpretation of the agreement,the Ca
Wee that venue shall lie in the appropriate ° Grry and Fortis
administrative body in Monroe Count lrida courtThis fore the appropriate
subject to arbitration,y' Bement shall not be
NOV. 17. 2005 9:19AM :.......
30521'i,aaia MUNROE COUNTY ATT
... NO. 0270— P. 6- _
09:44:52 i 1-17.2bo5 617
14. AUTHORITY
Each parry represents and warrants to the other that the execution, delivery and
performance of this Agreement bave been duly authorized by all necessary
COMM City and corporate or individual action, as required by law.
IS- C-0PERATION
In the evem any administrative or legal proceeding is instituted against any of the
parties relating to the formation, 'Oxecution, performance, or breach of this
Agreement, County, City and Forbis agree to participate, to the extent required
by the other parry, in all proceedings, hearings, processes, meetings, and other
activities related to the substance of this Agreement or provision of the services
under this Agreement. County, City and Forbis specifically agree that no party to
this Agreement shall be required to enter into any arbitration proceedings related
to this Agreement.
16. NON, LIAN BY NQN-PAR g
No person or entity shall be entitled to rely upon the terms, or any of there, of the
Agreement to enforce or attempt to enforce any third -party claim or entitlement to
or benefit of any service or progam contemplated hereunder, and the Couuaty,City,
and Forbis agree that neither the County, C' nor Forbis or any agent, officer, 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 apart, inferior to,
or superior to the cammunity.in general or for the purposes contemplated in this
Agreement.
17. NO VWQI AL LYA 11'ry
No covenant or agreement contained herein shall be deemed to be a coveuaut or
agreement of any member, officer, agent or employee of County or City in his or
her individual capacity, and no member, officer, agent or employee of County or
City shall be liable personally oil this Agreement or be subject to any personal
liability or accountability by reason of the execution of this Agreement.
I
18. EXMMON ON COIINTERPgR
This Agreement may be executed in any number of counterparts, each of which
shall be regarded as an original, all of which tAeD together shall constitute one
�d the same instrument any of parties hereto may execute this Agreement by
signing any such counterpart.
s sozNOV. 17. 2005- 9:19AM-.....__ ..
mv0-VECOVNTYATT
NO. 0270 -P. 7
09:45:11 1 1.17-2005 i ~:
19. SECHOUN EMADI1, Q
Section headings have been inserted in this Agreement 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.
IN WITNESS W14MOF the parties hereto have executed thus Agreement on the day
and date first written above in four (4) counterparts, each of which shall, without proof or
accounting for the other counterparts, be deemed an ori&al contract.
(SEAT,)
Attest: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
Date:
(SEAL)
ATTEST:
By:
Cheryl Smith, City Clerk
Date:
(SEAL)
Attest:
By:
WITNESS
Title:
By:
WITNESS
Tide:
BOARD OF COUNTY CONSUSSZONERS
OF MONROE COUNTY, FLORmA
By:
MRyor/Chairman
CITY OF KEY WEST
By:
Julio Avael, City Manager
Title: C...C.
Date: �/ ,
OFFICE OF THE COUNTY ATTORNEY
MEMORANDUM
To: Belle Desantis, Deputy Clerk
From: Susan Grimsley, Asst. County Attorney
Re: Forbis Indemnification Agreement
Date: November 23, 2005
Thanks for your help with the Forbis Agreement last Friday. It was necessary that Forbis
have an indemnification agreement with the City of Key West and the County for the use
of the Botanical Gardens site for a disaster recovery operation delivering and distributing
trailers.
The County is not involved in this particular property or its use because it belongs to the
City; apparently FEMA required our signature as the lead or superior entity for disaster
relief.
No money is changing hands between any of the parties. The company does not put
anyone on as an additional insured, as it works with hundred of governmental entities. If
the County wants the trailers, this is the way we have to go.
Your attestation was simply that the Mayor's signature was genuine. I appreciate your
help with the details - I'm still learning.