U.S. 1, Burton Dr. - Tavernier
AGREEMENT
This Agreement by and between Monroe County, a political subdivision of the State of
Florida ("County") whose address is 1100 Simonton Street, Key West, Florida 33040,
and Forbis Systems, Inc., Richard Forbis, Contractors & Richard Forbis, Inc. ("Forbis")
whose address is 1876 Trade Center Way, Naples, Florida 34109
WITNESSETH:
WHEREAS, the 2005 Florida Hurricane Wilma Disaster destroyed many homes and has
displaced many residents from their houses and lodging in Monroe County; and
WHEREAS, Forbis is a subcontractor delivering mobile homes at the direction of the
Federal Emergency Management Agency ("FEMA") for residents in Monroe County;
and
WHEREAS, County owns property which is undeveloped and available for a staging area
for Forbis to take delivery of the mobile homes and distribute them; and
WHEREAS, this property is located within Monroe County and FEMA requires Forbis to
receive permission from County to use the Property and to indemnify County; and
WHEREAS, County desires that FEMA, through its subcontractor Forbis, deliver
temporary housing to the residents of Monroe County;
NOW, THEREFORE, the parties agree as follows:
1. EMPLOYER IDENTIFICATION NUMBER
The Employer Identification Number for Forbis is 59-2303130.
2. PROPERTY LOCATION
The Property is bounded by U.S. 1, Burton Drive, Sable Palm Drive and Oleander
Drive in the Tavernier area of Key Largo, legally described as Tract C, Blue Water
Trailer Village Section One, according to the plat thereof, as recorded in Plat Book 5,
Page 104 of the Public Records of Monroe County, Florida. The real estate parcel
identification number is 00488730-000000.
3. USE OF PROPERTY
The parties shall meet and determine the exact portion of the property to be used.
County authorizes Forbis as a subcontractor ofFEMA to operate a disaster program
recovery site on the Property for the distribution of mobile homes on behalf of
FEMA. It is understood that one or two mobile homes may be used for housing and
office space for Forbis employees. Forbis accepts the Property "as is" and releases
County from any claims or damages to its property or employees, agents or invitees
because of its use ofthe Property.
4. EFFECTIVE DATE AND TERM
This Agreement is effective upon the date of the execution by all parties. Forbis may
use the Property from the effective date until April 30, 2006, unless the distribution of
mobile homes ceases before that date, in which event Forbis shall vacate the premises.
S. MAINTENANCE AND SECURITY
Forbis shall maintain all aspects of the grounds used by Forbis and assure that it is and
remains an adequate workplace. Forbis agrees to keep the area clean and agrees not to
cause damage to the Property. Forbis agrees to restore the Property to its original
condition after vacating the Property, and shall remove all equipment, supplies,
signage, trash, and waste material. Forbis shall be responsible for its own security.
County shall not be responsible for loss of property, theft, vandalism, or damage to
property of Forbis.
6. UTILITIES
Forbis shall be responsible for the cost of any utilities used or installed on the Property.
Forbis shall be responsible for disposing of waste appropriately and for pump out of
any trailers or mobile homes used as housing or office facilities.
7. HOLD HARMLESS
Forbis covenants and agrees to indemnify and hold harmless County, its
commissioners, officers, employees, agents, servants and volunteers from any and all
claims for bodily injury (including death), personal injury, and property damage
(including property owned by County) and any other losses, damages, and expenses,
including attorney's fees and costs which arise out of, in connection with, or by
reason of Forbis use of the Property or services provided by Forbis or any of its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful
act or omission of Forbis or its Subcontractors in any tier, their employees, agents or
servants.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. The provisions of this
section shall survive the expiration or earlier termination of this agreement.
8. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement Forbis is an independent
contractor and not an employee of County. No statement contained in this agreement
shall be construed so as to find Forbis or any of his/her employees, contractors,
servants, or agents to be employees of County.
9. COMPLIANCE WITH LAW
Forbis shall comply with all Federal, State and local laws applicable to this
Agreement.
10. SOVEREIGN IMMUNITY
Nothing in this Agreement shall be construed as a waiver of any sovereign immunity
by County.
11. INSURANCE
Prior to execution of this agreement, and maintained throughout the life of the
contract, Forbis shall furnish to City and County Certificates of Insurance indicating
the minimum coverage limitations as listed below:
A. General Liability - include as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be One Million Dollars ($1,000,000.00)
each occurrence, Two Million Dollars ($2,000,000.00) in the aggregate, and
One Million Dollars ($1,000,000.00) personal injury. An Occurrence Form
policy is preferred. If coverage is changed to or provided on a Claims Made
Policy, its provisions should include coverage for claims filed on or after the
effective date of this contract.
B. Vehicle Liability - include as a minimum:
Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be One Million Dollars ($1,000,000.00)
Combined Single Limit.
C. Workers Compensation - limits sufficient to respond to Florida Statute 440.
D. Employers Liability - Five Hundred Thousand Dollars ($5000,000.00) each
for injury, illness or disease.
The above coverages shall be provided by a company or companies
authorized to transact business in the State of Florida and the company or
companies must maintain a minimum rating of A-VI, as assigned by the A.M.
Best Company.
12. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned
receipt requested, to the following:
FOR COUNTY
Mr. Tom Willi
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
FOR FORBIS
Milton Seda and Richard Forbis
Forbis Systems, Inc.
1876 Trade Center way
Naples, Fl34109
13. GOVERNING LAWS. VENUE. INTERPRETATION. COSTS. FEES
This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida applicable to contracts made and to be performed entirely
in the State.
In the event that any cause of action or administrative proceeding is instituted for
the enforcement or interpretation of the Agreement, the County and Forbis agree
that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida. This Agreement shall not be
subject to arbitration.
14. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary
County, City and corporate or individual action, as required by law.
15. COOPERATION
In the event any administrative or legal proceeding is instituted against any of the
parties relating to the formation, execution, performance, or breach of this
Agreement, County, and Forbis agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. County and Forbis specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this
Agreement.
16. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of theIT)., of the
Agreement to enforce or attempt to enforce any third-party claim or entitlement to
or benefit of any service or program contemplated hereunder, and the County and
Forbis agree that neither the County nor Forbis nor any agent, officer, or
employee of either of them 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 community in general or for the purposes
contemplated in this Agreement.
17. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of County or City in his or
her individual capacity, and no member, officer, agent or employee of County or
City shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the execution of this Agreement.
18. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which
shall be regarded as an original, all of which taken together shall constitute one
and the same instrument any of the parties hereto may execute this Agreement by
signing any such counterpart.
19. 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.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day
and date first written above in four (4) counterparts, each of which shall, without proof or
accounting for the other counterparts, be deemed an original contract.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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MONROE COUNTY ATTORNEY
APPROVED AS TO~_ M'
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SUSAN M. GRIM EY
ASSISTANT COUNTY ATTORNEY