03/17/2004 AgreementDANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: March 29, 2004
TO: Richard Collins
County Attorney
ATTN. Jan Hotalen
Executive Assistant
FROM. • Pamela G. Han ck
Deputy Clerk
At the March 17, 2004, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Interim Homeless Safe Zone Interlocal Agreement
between Monroe County and the City of Key West.
Enclosed is a certified copy of the above -mentioned, as well as a copy of the City of Key
West's Resolution No. 04-130 approving same, for your handling. Should you have any
questions please do not hesitate to contact this office.
cc: County Administrator w/o document
Commissioner Spehar
Finance
File /
Homeless Safe Zone
INTERIM HOMELESS SAFE ZONE
INTERLOCALAGREEMENT
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 525 Angela Street, Key West, Florida 33040 (the "CITY).
WHEREAS, the COUNTY, in general, and the CITY of Key West, in particular, have
a significant population of homeless people; and
WHEREAS, CITY and COUNTY have determined that this agreement is in the best
interests of the public; and
WHEREAS, the COUNTY owns a parcel of land situated on Norman Key that
includes the premises used hereunder and more particularly described in Exhibit "A;" and
WHEREAS, the parties desire to enter into an interlocal agreement for the CITY's
use of the COUNTY's premises as an interim homeless persons safe zone.
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
AgreemE}nt Sh~A--~)1 in force for a term of five ye9rs commencina ~jfs of
theZZAaayof . , 2004 and ending on the~ day of f/fteL_,
2009. ' -
B. There shall be no option to renew this agreement after the expiration of the
term described herein.
3. USE AND CONDITIONS.
A. The Premises shall be Llsed 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 in any way involving hazardous materials or
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
Homeless Safe Zone
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 Sheriff's 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.
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 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. 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.
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Homeless Safe Zone
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 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
construc.ted 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 CITY shall perform, at its sole expense, all work required in the
preparation of the property or Premises hereby used for occupancy by the
CITY except as otherwise provided in this agreement.
C. COUNTY reserves the right to inspect the area and to require whatever
adjustment to structures or improvements as 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.
D. Portable or temporary advertising signs are prohibited.
E. COUNTY shall provide the following assistance to the CITY in the
establishment of the homeless safe zone:
1) COUNTY will move the existing fence from its current location and relocate
and install it at the location proposed in Exhibit "A".
2) COUNTY shall participate on an equal basis with the CITY in providing
manpower for tent erection, providing sleeping platforms, and in the
provision of a bathroom, as more particularly described below:
(a) CITY and COUNTY public works personnel shall provide equal
manpower for fabrication and installation of the elevated sleeping
platforms, for which CITY shall furnish all the materials.
(b) CITY and COUNTY public works personnel shall proVide equal
manpower for the erection of tents.
(c) CITY shall furnish all materials for the conversion, retrofit, or
renovation of an existing 11' x 55' trailer to a bathroom facility and
COUNTY will provide the manpower for the conversion, retrofit, or
renovation, or, in the alternative, CITY and COUNTY shall share
equally in the cost of procuring and installing a prefabricated facility
3
Homeless Safe Zone
with the equivalent amenities. The amenities required under either
alternative shall be nine (9) standard bathrooms containing a shower,
toilet and sink, and one handicapped bathroom with a shower, toilet
and sink. Other than establishing appropriate budget allocations,
neither party shall be required to have the determination as to which
alternative to use approved by its respective Commission; provided
that this decision is made jointly by the County Administrator and
City Administrator.
(d) COUNTY shall remove the existing gate to a more appropriate
location and install a gate appropriate or foot traffic only into the
Premises.
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 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 Department of Juvenile
Justice, Monroe County Sheriff's Office, and Monroe County against enforcement of such
lien. Pursuant to Section 713.01, F.S. the liens authorized in ch. 713, F.S., 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.
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 and represents to the other
that it has purchased suitable Public Liability, Vehicle Liability, and Workers'
Compensation insurance; or is 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, as well as any.
4
Homeless Safe Zone
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 LESSEE 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, normal wear and tear excepted. Th~~ CITY is solel'y' 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 the Agreement IC;Jse period.
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 County Commission, COUNTY officers and employees, COUNTY
agents and contractors, and the Sheriff's Office, its officers and employees, from and
against any and all claims, demands, causes of action, losses, costs and expenses of
whatever type - including investigation and witness costs and expenses and attorneys'
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 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 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 sixty (60) days prior written notice
5
Homeless Safe Zone
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
natural expiration or early termination of this agreement, the operation of a homeless
safe zone shall immediately be ceased and all improvements, equipment, and other
personalty 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. Should the
CITY determine to cease operation of the homeless safe zone prior to the natural
termination of this agreement, the CITY shall give COUNTY prior written notice of such
intended cessation sixty (60) days before the effective date of the cessation of operation.
The purpose of this Agreement is to provide the LESSEE with a temporary solution to its
homeless situation and the COUNTY shall not ope'-ate 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 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 LAWS/VENUE. 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, 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 on the basis of authorship.
6
Homeless Safe Zone
23. 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
CITY
City Manager
525 Angela Street
Key West, FL 33040
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, 2004
'~dL;~~!TNESS WHEREOF, each party has caused this Agreement to be executed by
,//<,' Y . K. rized representative.
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~(~
Mayor/Chairman
Y L. KOLHAGE, CLERK
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MONROE COUNTY COSTS
Preliminary
1) Move fence
2) Relocate gate
3) Platform fabrication
4) Tent erection
5) Utilities connection
6) Purchase trailer
Total Preliminary
Annual Oneratin2: Cost for 5 Years
7) Sewage treatment
8) Sheriff - water
9) Sheriff - electricity
SUMMARY
$ 260
260
3,120
2,080
4,000
22.955
$ 32,675
$ 5,490
14,994
4.800
Operating Cost per Year at Current
Rates and Estimate Usage $ 25,284
Operating Cost for 5 Year Term
of Agreement $126.420
Total Preliminary and Operating Costs $159,095
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RESOLUTION NO.
04-110
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, APPROVING THE
ATTACHED INTERIM HOMELESS SAFE ZONE INTERLOCAL
AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST,
FLORIDA, AS FOLLOWS:
Section 1: That the attached Interlocal Agreement is hereby
approved, conditioned upon like approval by the Board of County
Commissioners of Monroe County; and authorizing the City Manager to
conduct final negotiations, if necessary.
Sect ion 2:
That this Resolution shall go into effect
immediately upon its passage and adoption and authentication by the
signature of the presiding officer and the Clerk of the Commission.
Passed and adopted by the City Commission at a meeting held
this
16
day of
March
, 2004.
Authenticated by the presiding officer and Clerk of the
Commission on
March 17
, 2004.
Filed with the Clerk
A~Jmd~
CHERYL SMI , CITY CLERK