Item O6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 20,2006
Bulk Item: Yes
Division: County Administrator
Department: County Administrator
Staff Contact Person: Tom Willi
AGENDA ITEM WORDING:
Approval of an Interlocal Agreement with Monroe County Sheriff's Office to transfer
communications functions and 911 operations to Sheriff's Office, providing for transfer
of maintenance, responsibilities, certain funds and staff to MCSO -
ITEM BACKGROUND:
MCSO has acquired a county- wide 800 MHz radio system that currently provides
service to may County departments as well as other local government agencies, it is in the
best interest of the County that the emergency communications should be managed and
integrated into a single operation, which will result in increased efficiency and
intergovernmental cooperation.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: NONE
STAFF RECOMMENDATIONS: Approval.
TOTAl., COST:
BUDGETED: YES
NO
COST TO COUNTY:
SOURCE OF FUNDS: Ad valorem, fees
provided for in Fla. Statute ~365.171,
and Fla. Statute ~318.21(9) - 911 fees and
moving traffic violation fees.
REVENUE PRODUCING: YES
NOX AMOUNT PER MONTH_ Year_
APPROVED BY:
County Atty _ Ol\-IB/Purchasing _ Risk Management
DOCUMENTATION:
Incl uded X
Not Required
DISPOSITION:
AGENDA Item#
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Monroe County Sheriff Contract #_
Effective Date: December 20, 2006
Expiration Date:
Contract PurposelDescription:
Approval of an ILA with Monroe County Sheriffs Office to transfer communications
functions and 911 operations to Sheriffs Office
Contract Manager: Connie Cyr 4441 County Administrator/ Stop #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 12/20/06 Agenda Deadline: 12/5/06
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? YesD No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
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ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director YesD NoD
Date Out
Reviewer
Risk Management YesD No[3/
O~.B./Purchasing l;).l~ICCo YesD No~
County Attorney YesD NoD
Comments:
OMB Form Revised 2/27/01 Mep #2
INTERLOCAL AGREEMENT
BET\VEEN
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
AND MONROE COUNTY SHERIFF'S OFFICE FOR
CONSOLIDATION AND MANAGEMENT OF EMERGENCY COMMUNICATIONS
THIS INTER LOCAL AGREEMENT is entered into this _ day of_~_, 2006
between the MONROE COUNTY ("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, MSCO has purchased and is operating a county-wide 800 MHz trunked
radio system that serves the needs of MSCO and vmious 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 COUNTY and MCSO is to maintain and enhance 911 and
emergency communication service throughout the County.
NOW THEREFORE, inconsideration 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 on
approval by the Board of County Commissioners, and shall continue in effect for five years,
unless terminated earlier pursuant to Section 8, below.
2. SCOPE OF WORK
MCSO shall take over the responsibility for the following:
A. Operating and maintaining the public safety system radio system and other
communications systems, including MCSO Astro Digital SmartZone 800 MHz IntclliRepeater
system, Monroe County Fire/Rescue UHF conventional communications system, and Monroe
County Public Works/Social Services VHF conventional system.
B. Acting as final decision maker for communications systems, designs, purchases,
training, and maintenance for present and future teclmologies; 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 interoperability requirements involving communication on the
County's behalf.
E. Supervising federally required rebanding 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 emergency
communication equipment; subject to restrictions of statute and this Agreement.
G. Acting as decision maker regarding design, purchase, maintenance and training
of 9 11 system technologies for MSCO, Key West Police Department and Ocean Reef Public
Safety Department.
F. Communicate with COUNTY through County Attorney or her designee with
regard to any contract issues, or contract compliance issues which arise or may arise in the future
in the implementation and maintenance of this Agreement.
3. FUNDING
The funding for this Interloeal Agreement shall be as follows:
A. COUNTY retains exclusive authority to impose rates, to determine the rate, to
collect and to disburse 911 funds received under Florida Statute ~365.l71. The "911" fees
pursuant to Florida Statute 9 9 365.1 71, 365.1 72, and 365.1 73 shall be administered by the MCSO
as set forth in statute and in 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 an the completion of the allllUal audit perfonned 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 from MSCO 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 9318.21(9). The fees from Florida Statute 9318.21(9) shall be administered by the
MCSO as set f01th in statute and must be used to fund County's participation in the
intergovernmental radio communication program and in 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 an the completion of the annual audit perfonned 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 from MSCO 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 pers01me1 who will become employees of MSCO under this
Agreemcnt shall be appropriated by the Board of County Commissioners in an amount approved
by COUNTY as part of the MSCO budget and pursuant to Florida Statute 930.50(1) which
states "The sheriff shall requisition and the board of county commissioners shall pay him
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or her, at the first meeting in October of each year, and each month thereafter, one-
twelfth of the total amount budgeted for the office; provided, that at the first meeting in
January of each year, the board shall, at the request of the sheriff, pay one-sixth of the
total appropriated, and one-twelfth each month thereafter, which payments shall be not
more than the total appropriation. Provided further that any part of the amount budgeted
for equipment shall be paid at any time during 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.
4. EMPI,OYMENT OF PERSONEL
Personnel presently employed by County Emergency Communications Department and their
positions presently funded in the current budget shall be transferred to 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's Office.
A. The MCSO shall employ a "911" coordinator and may employ other employees as
authorized under Florida Statutes 9365.171, these positions shall be funded as provided by
statute. The person holding the "911" coordinator position may hold another position at the same
time, so long as the duties and salary 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. ADMINISTRA TION OF TO\VERS
Administration and maintenance of the communication towers, communications equipment
(except the privately owned equipment as noted in Sections 9 and 10 of this Agreement), and
personnel management for shall 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 purpose of this Agreement is to insure the continued functioning of the
communications systems, especially the 911 and related systems on a continual and uninterrupted
basis.
6. ADMINISTRATION OF 911 FEES
All 911 funds shall be received and deposited in the Office of the Clerk of Court and shall be
placed in an interest bearing account. The Funds shall be distributed to MSCO 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 911 fees shall be administered in strict compliance
\vith Florida Statutes 99365.171, 365.172, 365.173, and other relevant statutes.
B. MCSO shall establish a separate interest bearing account to be used exclusively
for receipt and expenditure of"911" fee revenues; all fees shall be placed in said fund, along with
any interest accrued thereupon. Fees and interest shall be used solely for "911" costs described by
statute.
C. MSCO shall employ a "911" coordinator as provided by statute. MSCO agrees
that the Chief Financial Officer of the MSCO shall be responsible for the handling of"911" fees;
and shall be available at all times to answer fi.mding inquiries from the Clerk of Court and! or the
Board of County Commissioner regarding thc rcceipt and distribution of any item( s) from "911 "
fee revenues.
D. MSCO shall submit to the Clerk a quarterly financial report of the receipts,
expenses, and amounts to be carried forward. The report should include verification that
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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 tern1 of this Agreement or upon Termination of the
Agreement in the same manner as the quarterly report and including all the reeeipts and
disbursements during the entire term of the Agreement and shall be submitted within B 45 days
of the date the Agreement ends or is tenninated by either party. The quarterly report and the
annual report should include the following certification: "I 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
expenses have been submitted in previous statements." The certification should be signed by the
chief financial officer of the MSCO.
E. MSCO shall keep such records and accounts as may be necessary in order to
record complete and conect entries as to any income, expenditure and amounts to be canied
forward. The Clerk of Courts 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. MSCO acknowledges that "911" fee revenues shall not be used to pay for any
item not listed in the statute, including, but not limitcd to, any capital or operational costs for
emergency responses which occur after the call transfer to the responding public safety entity,
including the MCSO, and the costs for constructing buildings, leasing buildings, maintaining
buildings, or renovating buildings, except for those building modifications necessary to maintain
security and environmental integrity of the Public Safety Answering Point(PSAP) and "911"
equipment rooms.
G. Florida Statutc 9365.171 contemplates that there may be unspent moneys in the
fund. MCSO agrees to administer any funds canied forward as specified in statute. In no event
shall MCSO cany forward more than 10 percent of the 911 fee billed for the prior year. MSCO
shall notify COUNTY in its quarterly financial report, and annual report specifically the amount
of money to be carried forward, and the percentage of the 911 fee for the prior year that said
amount represents.
The MSCO shall be responsible for documenting any cany over and for drafting any
resolution to be presented to the Board of County Commissioners. 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 expenditurcs for 911 equipment and service
features, or both, as strictly set forth in statute. Any approval for carry over, capital improvement
expenditurc, as wcll as any incrcase in 911 fecs shall remain the responsibility of the Board of
County Commissioners. A request to increase in fees shall comply with 365.171 (13).
H. MSCO shall continue to pay on behalf of COUNTY out of 911 fees on all
leases, purchases of equipment, or other agreements that have been traditionally paid from the
911 fees in the past. COUNTY and MSCO and CLERK shall work together to ensure that all
payments and obligations presently paid from 911 fees will continue to be paid from those fees so
that COUNTY will not be left with payments which were traditionally paid from, or which should
be paid from, 911 fees after the transfer of the funds to MSCO.
1. Nothing in this Agreement is intended to be inconsistent with eurrent law and
statute; if an inconsistency of any kind develops, either through interpretation or through change
in the applicable la\v or statute, the then cunent statute shall control.
7. ADMINISTRATION OF FLORIDA STATUTE &318.21(9)
All funds under Florida Statute 9318.21 (9) shall be received and deposited in the Office of the
Clerk of Court and shall be placed in an interest bearing account. The Funds shall be distributed
to MSCO by the Clerk on a quarterly basis, starting within 30 days of the execution by all parties
under the following conditions:
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A. MCSO acknowledges that the fees shall be administered in strict compliance
with Florida Statutes S318.21 (9).
B. MCSO shall establish a separate interest bearing account to be used exclusively
for receipt and expenditure of Florida Statutes S318.21(9) fec revenues; all fecs shall be placed in
said fund, along with any interest accmed thereupon. Fees and interest shall be used solely to
fund the County's participation in intergovenm1ental radio communication program described by
Florida Statutes {i318.21(9).
C. MSCO agrees that the Chief Financial Officer of the MSCO shall be responsible
for the handling of Florida Statutes {i3l8.2l (9) fees; and shall be available at all times to answer
funding inquiries from the Clerk of Court and/or the Board of County Commissioner regarding
the receipt and distribution of any item(s) from Florida Statutes {i3l8.21 (9) fee revenues.
D. MSCO shall submit to the Clerk a quarterly financial report of the receipts,
expenses, and amounts to be carried forward. The report should include veritIcation 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
Agreement in the same manner as the quarterly 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 by either party. The quarterly report and the arumal
report should include the following certification: "I certify that, to the best of my knowledge and
beliet~ 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 expenses have
becn submitted in previous statements." The certification should be signed by the Chief Financial
Officer of the MSCO.
E. MSCO shall keep such records and accounts as may be necessary in ordcr to
record complete and correct entries as to any income, expenditure and amounts to be carried
forward. The Clerk of Courts 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. MSCO acknowledges that Florida Statutes {i318.21(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 traffic 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. MSCO shall continue to pay on behalf of COUNTY out of S318.21(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 MSCO and CLERK shall work together to ensure
that all payments and obligations presently paid from these fees will continue to be paid from
those fees so that COUNTY will not be left with payments which were traditionally paid from, or
which should be paid from, {i318.21(9) fee revenues after the transfer of the funds to MSCO.
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, the then current statute shall control.
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8. TERJ\iIL~ATION OF AGREEMENT
COUNTY may terminate this A!,p:ecment without cause upon affimIative majority vote of the
Board of County Commissioners which action shall serve as fomlal noticc to the MCSO of intent
to ternIinate the Agreement one hundred and eighty (180) days from the date of the vote. MSCO
may ternlinate this Agreement without cause by giving COUNTY writtcn notification of intent to
temlinate one hundred and eighty (180) days from the date of such notice; notice from MSCO
shall be by certified mail.
COUNTY or MSCO may terminate this Agreement for cause by giving the other party written
notification of a breach, providing seven (7) days from the date of such notice tor the other party
to cure, an if not cured, giving an additional thirty (30) days written notice of termination ofthis
Agreement.
Both parties agree that they will work together in the case of termination to provide a smooth
transition of service, persOlmel, funds, and equipment.
9. CONTRACTS WITH PRlV ATE COMPANIES
This Agreement does not apply to the maintenance and operation of any of the privately owned
and operated equipment which is presently located on any of the towers. All leases or contractual
agrcements with private companies, governmental agencies or division of the State, Federal or
local governments shall not be affected by this Agreement, and shall remain in full force and
effect. MSCO shall honor said agreements, including but not limited to, agreements between
COUNTY and Bell South. MSCO and COlTNTY shall coordinate with each other regarding
these contracts.
A. COUNTY and MSCO agree that when MSCO 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 MSCO and the private
owners or their equipment then MSCO shall immediately contact the County Administrator in
writing. The writing shall describe the issue, 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 MSCO 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. CONTRACTS WITH OTHER AGENCIES AND MUNIClP ALITIES
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 continuc
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 contracts.
11. RECORDS - ACCESS AND AUDITS
All parties shall maintain adequate and complete records during the tenn of the Agreement and
for a period of four years after termination of this Agreement. The COUNTY, and their officers,
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employees, agents, and/or designees shall have access to the MSCO's books, records, and
documents related to this Agreement at any time during nonnal business hours upon request. The
Clerk of Courts shall have the right to examine such records and accounts at any time during
normal business hours upon request; if the Clerk of Courts requires copies of any records or
accounts he shall advise the MCSO in writing of the documents to be copied and MCSO shall
have five (5) business days to comply.
12. TRANSFER OF EQUIPMENT AND ASSETS
Certain fixed assets belonging to COUNTY have been purchased by COUNTY and have been
used by COUNTY Emergency Conmmnications.
A. A Fixed Asset Listing for Fiscal Year 2006 is attached hereto and made a part
hereof as EXHIBIT C. Said assets shall be transferred from COUNTY to MSCO by operation of
this Agreement. If this agreement is terminated for any reason the assets on MSCO's inventory
shall be transferred back to COUNTY from MSCO along with any furtht,"[ assets purchased with
911 fees or 9318.21(9) fees.
B. Ownership of to the following assets on the Fixed Asset Listing for Fiscal Year
2006 shall be transferred from COUNTY to MSCO. COUNTY shall provide the necessary
documents to transfer ownership from COUNTY to MSCO. MSCO shall provide insurance for
the assets beginning on the date of transfer:
Asset Id # Descriptive Information
1. 2349 2000 Chevrolet Van with light Bar # 1 GCFG25M6Y1112322
2. 2395 2000 Ford Windstar Van #2FTZA5449YBC98928
3. 2431 1977 18 Wheeler Trailer manufactured by Great Dane #80242
4. 5142 2006 Ford E-250 Van #lFTNE24WX6HA87871
C. COlJNTY and MSCO shall work together to facilitate the transfer of ownership
from COUNTY to MSCO, including the drafting of any documents necessary for said transfer.
13. NON-DISCRIMINATION
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 automatically 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 Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These 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. 6101-6107) 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 nondiscrimination 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 nondiscrimination 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 VIII of the Civil Rights Act of 1968 (42 USC s. et seq .), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe COUNTY Code Ch. 13, Art. VI,t
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prohibiting discrimination on the bases of race, color, scx, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any
other nondiscrimination provisions in any Federal or state statutes which may apply to the parties
to, or the subject matter of, this Agreement.
14. COVENANT OF NO INTEREST
COUNTY and MCSO covenant that neither presently has any interest, and shall not acquire any
interest, which would conflict in any manner or degree with its performance under this
Agreement, and that only interest of each is to perform and receive bcnefits as recited in this
Agreement.
15. CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize 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/PAYMENT
The COUNTY and MCSO warrant that, in respect to itself, it has neither employed nor retained
any company or person, 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 firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from 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 full amount of such fee, commission,
percentage, gift, or consideration.
17. PUBLIC ACCESS
COUNTY and MCSO shall allow and permit reasonable access to, and inspection of, 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 OBLIGATIONS AND RESPONSIBILITIES
This Agreement is not intended to, nor shall it be construed as, relieving any participating entity
from any obligation or responsibility imposed upon the entity by law except to the extent of
actual and timely perfomlance thereof by any participating entity, in which case the perfonnance
may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of COUNTY or MCSO, except to the extent pemlitted by the Florida constitution,
state statute, and case law.
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19. HOLD HARMLESS AND INDEMNIFICATION
COUNTY and MSCO 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 pennitted by law. Nothing herein is intended to serve as a waiver of
sovereign immunity by any party to which sovereign immunity applies. Nothing herein shall be
construed as consent by either party to be sued by third parties in any matter arising out of this
Agreement.
20. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or bencfit of any service or
program contemplated hereunder, and the COUNTY and the MCSO agree that neither the
COUNTY nor the MCSO or any agent, otlicer, 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 conununity in general or for the purposes contemplated in this Agreement.
21. NO PERSONAL LIABILITY
No covenant or agrecment contained hcrein 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 any personal liability or accountability by reason of the execution of
this Agreement.
22. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be regarded
as an original, all of whieh taken together shall constitute one and the same instrument and any of
the parties hereto may execute this Agreement by signing any such counterpart.
23. SECTION HEADINGS
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.
24. ASSIGNMENT
Neither party assigns this Agreement or assign or subcontract any of its obligations under this
Agreement without the approval of the MONROE COUNTY BOARD of COUNTY
COMMISSIONERS. All the obligations of this Agreement will extend to and bind the legal
representatives, successors and assigns ofMCSO and the COUNTY.
25. SUBORDINATION
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.
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26. INCONSISTENCY
If any item, condition or obligation of this Agreement is in cont1ict 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.
27. ETHICS CLAUSE
MCSO 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, the COUNTY may, in its discretion, tenninate 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.
28. CONSTRUCTION
Tllis Agreement has been carefully reviewed by MCSO and the COlJNTY. Therefore, this
Agreement is not to be construed against any party on the basis of authorship.
29. NOTICES
Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the
following:
COUNTY:
County Administrator
1100 Simonton Street
Key West, FL 33040
MCSO:
Chief Bureau of Administration
Monroe County Sheriff Office
5525 College Road
Key West, FL 33040
And
And
County Attorney
P.O. 1026
Key West, FL 33041-1026
9 I 1 Coordinator
Monroe County Sheriff Office
5525 College Road
Key West, FL 33040
- REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK-
10
30. FULL UNDERSTANDl1~G
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
in a written amendment duly executed by both parties.
31. EFFECTIVE DATE
This Agreement will take effect upon passage by the Momoe County Board of Commissioners
and execution by both parties.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor Mario DiGelmaro
Date:
Date:
Witness to Sheriff:
MONROp)COUNTY SHERIF~
OFFIC :.1 /
By:
Momoe County Shcriff: Richard Roth
Print Name
Date:
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