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Item C28 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY ADD-ON MEETING DATE: September 21,2004 BULK ITEM: Yes x No DIVISION: Public Works DEPARTMENT: Facilities Maintenance AGENDA ITEM WORDING: Approval of Amendment 2 to the Interim Homeless Safe Zone Inter10cal Agreement with the City of Key West, increasing the safe zone premises by an estimated 3,556 square feet. ITEM BACKGROUND: The City of Key West has requested the increase in space for use as an additional sleeping area for additional homeless persons. PREVIOUS RELEVANT BOCC ACTION: Approval of the Interim Homeless Safe Zone Inter10cal Agreement on March 17, 2004; approval of Amendment 1 revising Exhibit A on April 21, 2004. CONTRACT/AGREEMENT CHANGES: Revised Exhibit A showing new layout of interim homeless safe zone; adds an additional estimated 3,556 square feet to safe zone area, thereby increasing the safe zone area from approximately 8,778 square feet to approximately 12,334 square feet. STAFF RECOMMENDATION: Approval, contingent upon the City providing suitable parking on Truman Annex during construction of the New Judicial Building. TOTAL COST: None BUDGETED: Yes: No: COST TO COUNTY: SOURCE OF FUNDS: REVENUE GENERATED: Yes No x APPROVED BY: County Atty.: OMS/Purchasing: Risk Management: DIVISION DIRECTOR APPROVAL: ~c:D~ Dent Pierce DOCUMENTATION: INCLUDED: x TO FOLLOW: - NOT REQUIRED: AGENDA ITEM #: c~/ DISPOSITION: ~ep 15 04 03:25p :::. s Ii~riff co..."..............., ll06 Ovenc..li..y, Mltamo... ff. ~ltl.lO (lO~l ~YZ. 7015 fAX (,m,.! Z~V,2'9.1 h~; I=" feCI"'" S,*,hIUQtlI w.;,O Ov_~ """Y. 1;..1jo<; Key, PI. )~~2 (105l1'S.1I/lol FI'III (:I\l31'~~-37&1 "lIr"'''- Su-..,ock", llO) 0....... Mwy. Mor..-. pf. lJC),n (.lO'l 149.2430 f"''' PO~12119.2.97 ht~ SUtJ".fou . moo 0..,..... ""'Y. h..........s.... lm6 (lO5) "'.70!1 f"'.. (3'1'1 15)-Y172 s,.,..,.._ s,,~u.... lI&77V OvID... w. y. 1"!"'Iftl...I'I. n070 UCm.n.31l1 ~AX (.105) .S~. )~, n-m....~.~. Key '"'- 0.. c..... 550' C"II. R"",, key w.". n 330l1'.' (:>lI5) m.1300 ~A)( (V~l M.7H) M....tho" o.t. Ftcility '9111 O<un It'llCc M:uathun. f1. 3,]0'0 00$) 2M9'2120 fAX (1115l259.24,' P'''Ht4I1Dn ou f'uillf)- .B Hijih ""inl R9Dd P1i/,1\3lliol1 K.ey. PI .'.'(no {~U)) 8j).nM FAX 13(5) aSJ.!H(1 ~wiW PO. Bu.. :\OO97~ ~".-..110ft. /''1. .n050 (."m 289.2AIO I'"X 1;'0)) 219'2'V~ John Jemes. Ass1. City Manager City of Key West .525 Angela Stn'-et Key West, FL 33040 Re: Safe lone Expansion Dt:cu 1\\r. Jones; p. 1 ~ !Jv(onroe County Sli.eriff's OffUe 'Rjc.h.anf 'D.1(gt~ Sfr.erifj 5525 colft.lI~ '!(pad '1(~y 'Ww,1toruUz 33040 (JOS) 292-7000 1;U: 005) 2'2-7070 l'800.Zl3-COPS wWt('.~Y5so.lltt September IS, 2004 I am jn receipt of your revise.<f drawing of the Safe Zone facility Showing additional Safe Zone space needed of appro;.;,imately 3,:556 sq. ft. and that I approve the us!' of this space to be used as an additional sleeping area for additional h(1meks~ persons. RDRAam cc: Jo,m King, PW Dent Pierce, PW .1 Si.....'y,7 /J J:2aA~ d ~ Richard D. Roth Sheriff of Monroe County , m~ , .. ~_t':tl MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY . Contract with: City of Key West Contract # Effective Date: Expiration Date: Five years Contract Purpose/Description: Approval of Amendment 2 to amend Exhibit A to provide an additional estimated 3,556 square feet of space for use as an additional sleeping area for additional homeless persons Contract Manager: Beth Leto 4560 Public Works - #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on: September 21.2004 Agenda Deadline: CONTRACT COSTS Total Dollar Value of Contract:.iQ Budgeted? YesD No D Grant: $ County Match: $ Current Year Portion: Account Code: Estimated Ongoing Costs: (Not included in dollar value above) ADDITIONAL COSTS For: (e.g., maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Division Director Changes Date In Needed YesD NoD YesD No[i] YesD No YesD NoG( Risk Management O.M.B.lPurchasing County Attorney Comments: --- -- -. .-.-- .....-..-..-.......-- ---....... ~....... """'.... .."".... ..~:;..:I"'~"'..:.I..~..,&g rl"'\u.c. ~/:.::: INTERIM 80MELESS SAFE ZONE INTERLOCAL AGRDMENT - AMENIt~NT 2 . This Amendment to Agreement is made and entet'ed into this day of , 2004, between MONROE COUNTY, a politic:a1 subdivision of the State of Florida, whose address is 1100 Simonton Street. Key West, Florida 33040, ~COlJN'lY'). and the CITY OF KEY WEST, a municipal corporation of the State of Florida. whose address is 525 Angela S~ Key West, Florida 33040 ~CITY'l WHEREAS, the COUNTY and the CITY entered into an acreement on March J 7. 2004, and amended it on April 21, 2004; and WHEREAS, the CITY and the COUNTY have determined that an adjustment needs to be made to the premises designated in Exhibit A of that Agreement; now, therefore. COUNTY aDd CITY agree to amend the ageement dated March 17, 2004. as amended on April 21. 2004. as follows: I. Amended Exhibit A. entitled "Amended Premises #2," attached hereto and incorporated herein by reference, shall be substituted for Exhibit A attached to the original agreement dated March 17, 2004. as wen as the amended Exhibit A attached to Amendment #1 dated April 2 J. 2004. 2. This amendment shall take effect on the date last executed by the parties hereto. 3. All other provisions of the Agreement dated March 17,2004, as amended April 21,2004, not inconsistent herewith shall remain in full force and effect. IN WITNESS WHEREOF, each party has caused this Amendment to Agreement to be executed by its duly authorized representatives. (Seal) ATfEST: DANNY L KOLHAGE. CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA By; Deputy Clerk By; Mayor Pro Tem SUZP,".\!,::' !1. l-llJTTON A.SSIST;~' Z.~:%.:/;;TOANE j~te~ ~/7 '/JY..~ (Seal) A'ITEST: CITY OF KEY WEST By: City Cleric By; Mayor -, QCl~ ~:Dlil ~I/i! !l!!\!-4 fit ~ 52' 104' ~QZ ;r:O ~ii:l ~o !\!~ ii '~ ~ f~ : ~ ~ ~ ~ ~~!l! j t!3 t!3 !II :jj )( )( ~ ~ !6~ j1 ; ; ~ /^l ~ > < 36'-11' s: ij , m '- / . Z ~ ~ V 8i 113 .: dj ~J:S: 48'-7" o-m !~ "'tl2?z ~ J:l-fO m >- m Sl- ~ s: q ii ... t!3 t!3 en Ii )( )( m ~ ~ en ~ ; ; ij ~ i ~ j 4' . j !ila~ (' I~~ -<-.J 87' ~ - :> T1 INTERIM HOMELESS SAFE ZONE INTERLOCAL AGREEMENT - AMENDME~T 1 This Amendment to Agreement is made and entered this 21st day of April, 2004, between 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 and the CITY entered into an agreement on March 17, 2004; and WHEREAS, CITY and COUNTY have determined that an adjustment needs to be made to the premises designated in Exhibit A of that Agreement; now therefore, COUNTY and CITY agree to amend the agreement dated March 17, 2004, as follows: 1. Amended Exhibit A, entitled "Amended Premises," attached hereto and incorporated herein by reference, shall be substituted for the Exhibit A attached to the original agreement dated March 17, 2004, and the description of the Amended Exhibit A shall be effective as of March 17, 2004. 2. All other provisions of the Agreement dated March 17, 2004, not inconsistent herewith shall remain in full force and effect. IN WITNESS WHEREOF, each party has caused this Amendment to Agre~tl(\e{,)t to be executed by its duly authorized representative. ($~bl A:r')\!t:sT':DANNY L. KOLHAGE, CLERK B.;::y..~~,.-.L Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BV~ DA VID P. me . VICE-CHAIRMAN Monroe County Sheriff's Office Richard D. Roth MEMORANDUM TO: Jolm King, Sr. Dir. Public ~ Richard D. Roth, Sheriff ~ March 3 t , 2004 FROM: DATE: REfERENCE: Homeless "Safe Zone" As per our conversation, be advised that the Homeless "Safe Zone" located next to the Monroe County Sheriffs Office on Stock Island is to be moved 44 feet north within the existing premises to avoid any possible hazards with the propane tanks that are located there. f- I~ p.~ /'~ / " I ...... , ~-yr-36-1/ " " I ......v ~fI\ P :J:. I' c. ~ fA" ~ --",," a~:' " C1 ~~ ~. ~ t1 " t1 ~ " ~ " i i ~ Ii . , ~~ ~~ iH , HC:l , ~H tz:I~ Cf.) :-r: ~ 104 t1 " ~ i f. ~) ..t. ri'\ ,..1:, ~ 0: 8 ilL t1 " ~ i Homeless Safe Zone INTE~~ HOMELESS SAFE ZONE 'NTERLOCALAGREEMENT 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, AorJda 33040 (the "CI1Y). 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 partie; desire to enter into an Interlocal agreement for the CIlY's use of the' COUNTY's premfsesas 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 Agreem~t Sha;,_ In force for a term of five ye,rs comme~~~a ~~ pf the l.ZA(fay of 2004 and ending on the~ day of /!l:ftl;::,L/:L 2009. 8. 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 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 lnjure 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 Smokingn 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 CTY. This "No Smoking" zone shall be strictly enforced by the CITY. Any violations shall be cause for Immediate termination of the Agreement by the COUNlY. 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 OTY 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 Invltees in a reasonabl~, 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 proJ)erty 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 tIlY must pay the COUNlY 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 em 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 COUNlY... 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. 2 Homeless Safe Zone 6. ALTERAnONS 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 buflding 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 shaff 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 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) COUNlY 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 COUNlY 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, tonet and sink, and one handicapped bathroom with a shower, toilet and sink. Other than establishing appropriate budget allocatfons, 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 flied, 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 liE!n 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 shan 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. RELAnONSHIP OF PARnES. The cm 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 CllY 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 legaffy responsible for any negligence on the part of the CITY, its empJoyees, agents or volunteers resulting In either bodily or personal Injury or property damage to any individual, property or corporation. 10. TAXE$. The CITY must pay all taxes and assessments, If any, indudlng 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 Uability, Vehicle Uabllity, 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 Aorida 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 shaH defend, Indemnify and hold the other party harmless from all claims arIsing out of such actions. The em 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 flIed 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. The CllY is solely responsible for any improvements to land and a.ppurtenances placed on the PremIses. The CI1Y 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 fease "eFied. 13. HOLD H~RMLESS. To the extent allowed by law, the CITY ls nable 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 Sherfff's Office, its officers and employees, from and against any and all dalms, 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 em'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 orfgln shan 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 COUNlY may treat the cm 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 em does not cure the breach within 7 days following del/very of notice of breach. The COUNlY may terminate this Agreement upon giving sIxty (GO) days prior written notice 5 Homeless Safe Zone to the CIlY. Any waiver of. any breach of covenants herein contained shall not be deemed to be a continuing waiver and shafl not operate to bar either party from declaring a forfeiture for any succeeding breach either of the Same conditions or cov.enants 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 CIlY, 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 solutfon to Its homeless situation and the COUNTY shall not operate a homeless safe zone at this site upon the expiration or termination of this lease. 17. ASSIGNMENT. The CIlY 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 g;ry 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 Inconslstendes 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 Rorlda 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. CONSTRUcnON. This Agreement has been carefully reviewed by the CITY and the COUNlY. Therefore, this Agreement is not to be construed against any party on the basis of authorship. 6 Homeless Safe Zone 23. "'OTlCES. Notices in this Agreement, unless otherwise specified, must be sent by certified mati to the following: COVNTY: County Administrator 1100 Simonton Street Key West, FL 33040 mY City Manager 525 Angela Street Key West, FL 33040 24. FULL UNDERSTANDING. This Agreement Is the parties' flna' 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 ITNESS WHEREOF, each party has caused this Agreement to be executed by rlzed representative. ~ .. ... w ~.t C> .. !.:J _J <...> - 1.1- - .q: . - W 2: :J::J-: >- 0:: -=c -' t.n- o '2: ~ 0'\ :.::$:::) ...i~ u.. N >:ll::LLI c a:: :z~C) LI.I ;! :z a::: ..J ..:r- oe( .z: - c:a Q 0 I.&.. ~ r c--J BOARD OF COUNlY COMMISSIONERS OF MONROE COUNTY, FLORIDA !Iv ~-if (~ Mayor/Chairman 7 I d I /".... "~,,.. /. I '\/ II II .. 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