Item F14BOARD OF COUNTY COMIVIISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 18, 2009 Division: Social Services
Bulk Item. Yes X No _ Staff Contact Person: Sheryl Graham
Telephone# 2924510
AGENDA ITEM WORDING: Approval of Interlocal Agreement between Monroe
County and City of Key West which provides for the swapping of cemetery vaults
between the City and the County. This agreement allows the County to have 32 vaults to
hold indigent remains, and the City to have 25 vaults for the use of its citizens. This is a
swap and is without cost to either the City or the County.
ITEM BACKGROUND: The County owns 25 vaults which do not contain any
remains. The City owns 32 vaults which contain the remains of unidentified persons or
known indigent persons, these remains are in the care, custody and control of the County
and have room in them for many additional remains. The County needs the 32 vaults for
future interment of unidentified or indigent remains. The City does not have any available
vaults and needs the vacant vaults for the use of its citizens.
PREVIOUS RELEVANT BOCC ACTION: As early as 1986 the County built vaults
in the City cemetery to handle indigent remains which were the County's responsibility,
prior to that the County used City vaults for this purpose.
CONTRACT/AGREEMENT CHANGES: none
STAFF RECOMMENDATIONS: Approval
TOTAL COST: -0- BUDGETED: Yes No X
COST TO COUNTY: -0- SOURCE OF FUNDS:
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
REVENUE PRODUCING: Yes _ No X r UNT PER MONTH Year
APPROVED BY: County Atty I
c�asmg Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: —
AGENDA ITEM #
Budget & Finance Contract Review Worksheet
Contract with K BOCC Meeting Date
If there is a cost to Monroe County, is funding available? Yes No /A
(If no call Department)
Is Cost to Monroe County:
un er _
$5,000-$25,000 _ did the department get two written quotes? Yes No (check with department)
over $25,000 was this bid out? Yes No (check with Carlos Victores)
Is this the low bidder? Yes No
FS 287.0582 — all contracts which bind Monroe County for the purchase of services or tangible personal property
for a period in excess of I fiscal year must have the following statement included in the contract. "Monroe County's
performance and obligation to pay under this contract, is contingent upon an annual appropriation by the BOCC. "
Is Non Appropriation Clause present? Yes No
FS 287.133 — requirement for vendors to file a public entity crime statement prior to issuance of a purchase order or
contract having a value in excess of the threshold for Category two($25, 000, 2002 Florida Statutes). Statement
which reads as follows: `A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entityfor the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO
for a period of 36 months from the date of being placed on the convicted vendor list. " Is Public Entity Crime
Statement present? Yes No
Is Ethics form or statement present? "Contractor warrants that he/it has not employed, retained or otherwise had
act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or
any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this
provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of arty fee, commission,
percentage, gift, or consideration paid to the former County officer or employee" .Yes No
(If no comment on contract summary)
If this is a grant agreement, is budget set up? Yes No N/A
(If no keep copy with resolution folder)
If this is an amendment, is original contract included? Yes No N/A
(If no make note to department)
Is there a cost of living clause? Yes No /)ange
f so does wording match Purchasing Policy Wording "adjusted
annually in accordance with the percentag in the Consumer Price Index for all urban consumers (CPI-U) for
the most recent 12 months available"? Yes No N/A
Additional Comments
Contract read and reviewed by
If cost to Monroe County is over $50,000 route to Budget Director, otherwise route to Senior Budget Analyst.
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is entered into as of this day of
, 2009, between Monroe County, a political subdivision of the State of
Florida r, the COUP and the City of Key West, a munici an 1 corporation organized
and existing under the laws of the State of Florida (hereinafter, the CITY).
WITNESSETH:
WHEREAS, the CITY owns, operates, and maintains a cemetery for the residents of the
City of Key West (hereinafter the CEMETERY); and
WHEREAS, the CITY has permitted the COUNTY to place human remains of
unidentified persons and known indigent persons in cemetery vaults located in the CEMETERY
and owned by the CITY, and
WHEREAS, the COUNTY has acquired ownership of cemetery vaults in the
CEMETERY which are presently empty; and
WHEREAS, the CITY and COUNTY wish to avoid the expense and inconvenience of
relocating the human remains from the CITY' S cemetery vaults to the COUNTY' S cemetery
vaults.
NOW THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed between the COUNTY and the CITY as follows:
1. The CITY is the record title owner of the following cemetery vaults, located on the
parcels of land bearing parcel ID numbers 00019640-000100 and 00020630-000000, and being
more particularly described on Exhibit "A" which cemetery vaults contain human remains of
unidentified persons or known indigent persons, which remains are in the care, custody, and
control of COUNTY:
Pauline Vaults l' Addition Section 1, vaults 2A, 18A, 1D, 21), 3D 41), 61), 8D, 91),
1ID, 12D, 17D, 18DI
Pauline Vaults 1st Addition Section 2, vaults 19X 22X 29B;
Pauline Vaults I" Addition Section 3, vaults 16A, 30A, 20B, 2C, IOC, 28C, 91),
15D, 20D, 25D, 26D, 31D;
Pauline Vaults 2nd Addition Section 1, vault 32;
Palm Memorial Gardens Section 2, vaults 105B, 105C;
Palm Memorial Gardens Section 3, vault 128C.
2. The COUNTY is the record title owner of cemetery vaults 76 through 100, inclusive,
located on the parcel of land bearing parcel ID number 00019640-000000, and being more
particularly described on Exhibit `B", which is attached hereto and incorporated by reference.
3. The CITY herein expressly agrees to convey all its right, title, and interest in and to
the cemetery vaults referred to in paragraph 1 above to the COUNTY.
4, The COUNTY herein expressly agrees to convey all its right, title, and interest in and
to the cemetery vaults referred to in paragraph 2 above to the CITY. The parties hereby
acknowledge that a visual inspection of these vaults by both COUNTY and CITY staff revealed
that, to the best of their knowledge, the vaults are empty of remains or cremains.
5. Nothing herein shall be construed to prevent CITY or COUNTY from selling,
conveying, or otherwise transferring the subject cemetery vaults.
6. This Agreement shall become effective upon execution by both parties.
7. In the event of any failure of compliance by either party hereto with any of its
material obligations to the other party as provided for herein such action shall constitute a default
under this Agreement. Upon any such default, the non -defaulting party shall provide to the
defaulting party a written Notice of such default, which Notice (a "Default Notice") shall state in
reasonable detail the actions the defaulting party must take to cure the same. The defaulting
party shall cure any such default, within 30 days following the date of the Default Notice.
Notwithstanding the provisions of this Section, if any such default by the defaulting party
remains uncured at the conclusion of any specified 30 day cure period, and if the nature of the
defaulting party's obligations are such that more than 30 days is required to effect cure, then the
defaulting party shall not be in default hereunder and the non -defaulting party shall not have the
right to exercise its termination rights granted herein as a result of any such default, if the
defaulting party commences cure within the applicable cure period and thereafter diligently
pursues cure to completion of performance. In the event the defaulting party fails to affect any
required cure as provided for herein, the defaulting party shall be deemed to be in uncured
default hereunder, and the non -defaulting parry shall have the right, but shall not be obligated,
upon written Notice to the defaulting party, to terminate this Agreement. If such Notice is given,
this Agreement shall terminate on the date set forth in the Notice and the parties shall be relieved
of all rights and obligations hereunder, except for any rights and obligations that expressly
survive termination.
8. To the extent permitted by law and subject to the provisions and monetary limitations
of Section 768.28, Florida Statutes, the CITY does hereby agree to defend, indemnify and hold
the COUNTY, its officers or employees, harmless from and against any and all liability,
damages, costs (including reasonable attorneys' fees, and costs at both the trial and appellate levels)
arising from the acts or omissions of the CITY in connection with this Agreement. To the extent
permitted by law and subject to the provisions and monetary limitations of Section 768.28,
Florida Statutes, the COUNTY does hereby agree to defend, indemnify and hold the CITY, its
officers or employees, harmless from and against any and all liability, damages, costs (including
reasonable attorneys' fees, costs at both the trial and appellate levels) arising from the acts or
omissions of the COUNTY in connection with this Agreement.
9. 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: Suzanne Hutton, Esq.
Monroe County Attorney's Office
P.O. Box 1026
Key West, Florida 33041-1026
If to Ci James Scholl
City Manager
525 Angela Street
Key West, Florida 33040
With a coU to: Shawn Smith, Esq.
City Attorney
525 Angela Street
Key West, Florida 33040
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.
10. Nothing contained herein shall be construed as waiving either party's regulatory
approval or enforcement rights or obligations as it may relate to regulations of general
applicability, which may govern the Agreement. Nothing herein shall be deemed to create an
affirmative duty of either parry to abrogate its sovereign right to exercise its police powers and
governmental powers by approving or disapproving or taking any other action in accordance
with ordinances, rules and regulations, federal laws and regulations and state laws and
regulations.
11. In the event of any litigation arising out of this Agreement, the prevailing parry shall
be entitled to recover its attorneys' fees and costs. In the event of any litigation arising out of this
Agreement, each parry hereby knowingly, irrevocably, voluntarily and intentionally waives its
right to trial by jury.
12. 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.
13. 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.
14. 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.
15. This Agreement shall not be assignable by either party unless such assignment is first
approved by both parties.
16. 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.
17. The CITY and its employees, volunteers, agents, vendors and subcontractors shall be
and remain independent contractors 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 Agreement. The
COUNTY and its employees, volunteers, agents, vendors and subcontractors shall be and remain
independent contractors and not agents or employees of the CITY with respect to all of the acts
and services performed by and under the terms of this 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.
18. 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.
19. 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.
20. 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.
IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and
year first written above.
BOARD OF COUNTY COMMISSIONERS
M
George Neugent, Monroe County Mayor
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
N I Y AS 1 U H N t Y
BY: AS TO F(�Rilq
"L-�
Deputy Clerk Af X) (
CACSEL
A`�J N 1 TY AT-CRNEY
THE CITY OF KEY WEST, FLORIDA
Morgan McPherson, Mayor
ATTEST:
Cheri Smith
City Clerk
(City Seal)
APPROVED AS TO FORM AND LEGALALITY FOR THE USE
AND RELIANCE OF THE CITY OF KEY WEST, FLORIDA ONLY:
BY:
City Attorney