Item G3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
April 15,
2009
Division: Growth Management
Bulk Item: Yes
X
No _
Department: Marine Resources Office
Staff Contact: Richard Jones
AGENDA ITEM WORDING:
Approval of an Inter -local Agreement (ILA) between Monroe County and the City of Key West (City)
providing funding assistance from Boating Improvement Funds for costs incurred for maintenance at the
Garrison Bight mooring field in the amount of $17,325.00
ITEM BACKGROUND:
The Marine Resources Office routinely provides funding assistance to the various municipalities for
boating related projects utilizing Boating improvement Funds. The City of Key West is requesting
reimbursement for recent expenditures for the replacement of twenty-five mooring assemblies as part of
maintenance at the Garrison Bight mooring field.
PREVIOUS RELEVANT BOCC ACTION:
August 2008- ILA with City of Marathon to reimburse for boating related expenditures
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $17,325.00
COST TO COUNTY: $17,325.00
BUDGETED: Yes X No
SOURCE OF FUNDS: BIF 157-62520
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing X Risk Management X
DOCUMENTATION:
Included X Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: City of Key West Contract #
Effective Date: 4/15/09
Expiration Date: n/a
Contract Purpose/Description:
An interlocal agreement with the City of Key West (the City) reimbursing the City for
costs incurred for maintenance of twenty five mooring systems at the Garrison Bight
mooring field in the amount of $17,325.00.
Contract Manager: Richard Jones 2805 Growth Management/ 11
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 4/15/09 Agenda Deadline: 3/31/09
CONTRACT COSTS
Total Dollar Value of Contract: $ 17,325.00 Current Year Portion: $ 17,325.00
Budgeted? Yes® No ❑ Account Codes: 157-62520- 5-3 k4 -
Grant: $ -
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
of included in dollar value above e . maintenance, utilities, janitorial, salaries, etc.
Division Director
Risk ManaRF
t
O.M.B./Purchsing
CONTRACT REVIEW
Changes
D to In Needed Re
3 ����� Yes❑ No
Yes❑ NoEr
County Attorney
Comments:
Yes❑ Now FiC- f',OA .
Yes❑ Nof
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Date Out
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CHERYL SMITH, MMC, CPM.
City Clerk
February 27, 2009
Mr. Rich Jones
Senior Administrator
of TH �� o
IfFST.ft�
THE CITY OF KEY WEST
P.O. BOX 1409
KEY WEST, FLORIDA 33041-1409
www.keywestcity.com
Monroe County Marine Resources
2798 Overseas Highway
Suite 420
Marathon, FL 33050
Dear Mr. Jones:
525 Angela Street
(305) 809-3831
FAX (305) 809-3833
Enclosed is a copy of Key West Resolution No. 09-045, authorizing execution of the
Interlocal Agreement between the City and Monroe County for the acceptance of a
reimbursement in the amount of $17,325.00 from Monroe County Boating Improvement
Funds for the replacement of 25 worn mooring rigs in the City Mooring Field that was
passed at a regular Key West City Commission Meeting on February 19, 2009.
Please have the agreement signed where indicated and return a fully executed copy to my
office.
Sincerely,
a -
Cheryl (MI, MMC, CPM
City Clerk
Enclosures
CS/sph
Rcs 09-045 Interlocal Agr=rnent-Replacement of Mooring Rigs Funding
Key to the Caribbean - Average yearly temperature 77° F.
RESOLUTION NO. 09-045
A RESOLUTION 'OF THE CITY COMMISSION OF THE
CITY OF KEY NEST, FLORIDA, AUTHORIZING THE
EXECUTION OF THE ATTACHED INTERLOCAL AGREEMENT
BETWEEN THE CITY AND MONROE COUNTY ALLOWING
FOR THE ACCEPTANCE OF A REIMBURSEMENT IN THE
AMOUNT OF $17,325.00 FROM MONROE COUNTY
BOATING IMPROVEMENT FUNDS FOR THE REPLACEMENT
OF 25 WORN MOORING RIGS IN THE CITY MOORING
FIELD) PROVIDING FOR AN EFFECTIVE DATE
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, AS FOLLOWS:
Section 1: That the attached interlocal agreement between the
City and Monroe County is hereby approved.
Section 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 181h day of February, 2009.
Authenticated by the presiding officer and Clerk of the
Commission on February 19 , 2009.
Filed with the Clerk Februar 19 2009.
MORGAN CPHER ON, MAYOR
CHERYL SMITH, (MTY CLERK
r
AMERICAN UNDERWATER CONTRACTORS, INC.
17536 SE Conch Bar Ave., Tequesta, FL 33469
Ph: 561-575-5539 Fx: 561-575-4651
RE C El VEU JUL Z 120 AUCfoster@aol.com
lnv�
July 17, 2008R
City of Key West
Garrison Bight Marina
1801 North Roosevelt Blvd
Key West, FL 33040
J?avid Hawthorne
Cite Manna
3G5-292-8167
------ruvuivu
Mooring Field Mooring Assemblies
25 New mooring assemblies, including
18" mooring buoy, through buoy line,
StormSoft down line, shackles and
swivel. Delivered to Key West $ 693,00
PQ# 060596
T !M You For Your Business
Total Due
$ 17,325.00
$ 17,325.00
F
gyms CITY OF KffT WEFT PISsfi OFFICE I
DATE
$A 33041
095_kJ 8
AMOUNT
'/1712e!• 7146-98 DIRECT PAYMENT VEUCHER 66S596 ' 17, 325. 00
A4MERICAN UNDERWATER CONTRACTOR
3970 � TOTAL 11- � $***17. Z125. 00
'
r
R NET AMOUNT
: 3970 07/25/2008 95986 $*****17, 325, 00
' .7�Y�F• 1 ��.J'�. 1���'7Fi/�`-:���:'T,��i� .iitil.Y. i'SJ�' 1.I4���. IT
PAY AMERICAN UNDERWATER CONTRACTOR 7K
TOT)jt 1753,6 SF CDN(:H BAR AVENUEORDER
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INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is entered into as of this day of April, 2009
between Monroe County, a political subdivision of the State of Florida (hereinafter, the
COUNTY) and the City of Key West, a municipal corporation organized and existing under the
laws of the State of Florida (hereinafter, the CITY).
ETAMIDI*Y+�01 69 1
WHEREAS, the COUNTY routinely uses Boating Improvement Funds for recreational
boating related projects within the various municipalities, and
WHEREAS, the CITY is requesting that the COUNTY provide reimbursement in the
amount of $17,325.00 from Boating Improvement Funds for materials purchased for
maintenance and replacement of twenty five mooring assemblies in the Garrison Bight mooring
field; and
WHEREAS, the above expenditures are qualified expenditures from the Boating
Improvement Fund;
NOW THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed between the COUNTY and the CITY as follows:
Section 1. Payment. The COUNTY agrees to reimburse the CITY for incurred boating
related costs as follows:
1.1 Payment in the amount of $17,325.00 for materials used for the maintenance
and replacement of twenty five (25) mooring assemblies in the Garrison
Bight mooring field.
1.2 To receive payment, the CITY shall submit all requests for payment and
applicable invoices to the Senior Administrator of the COUNTY's Marine
Resources Office (the "Senior Administrator"). The invoices must describe
the services performed, together with proof that payment has been made to
the CITY'S contractor(s). All documentation shall be forwarded to the
County Clerk for payment. Any other documentation requested by the Clerk
shall be provided.
Section 2. Term.
2.1 This Agreement shall become effective upon execution by both parties.
2.2 If such Notice of Termination as specified in Section 3 is given, this Agreement
shall terminate within five (5) days thereof, and following such five day period,
the parties shall be relieved of all rights and obligations hereunder, except for
any rights and obligations that expressly survive termination.
Section 3. Termination and Default.
3.1 In the event of any failure of compliance by either party hereto with any of
its material obligations to the other party as provided for herein such action
shall constitute a default under this Agreement.
3.2 Upon any such default, the non -defaulting party shall provide to the
defaulting party a written Notice of such default, which Notice (a "Default
Notice") shaIl state in reasonable detail the actions the defaulting party must
take to cure the same.
3.3 The defaulting party shall cure any such default, within 30 days following the
date of the Default Notice.
3.4 Notwithstanding the provisions of this Section, if any such default by the
defaulting party remains uncured at the conclusion of any specified 30 day
cure period, and if the nature of the defaulting party's obligations are such
that more than 30 days is required to effect cure, then the defaulting party
shall not be in default hereunder and the non -defaulting party shall not have
the right to exercise its termination rights granted herein as a result of any
such default, if the defaulting party commences cure within the applicable
cure period and thereafter diligently pursues cure to completion of
performance.
3.5 In the event the defaulting party fails to affect any required cure as provided
for herein, the defaulting party shall be deemed to be in uncured default
hereunder, and the non -defaulting party shall have the right, but shall not be
obligated, upon written Notice to the defaulting party, to terminate this
Agreement.
3.6 If such Notice is given, this Agreement shall terminate on the date set forth in
the Notice and the parties shall be relieved of all rights and obligations
hereunder, except for any rights and obligations that expressly survive
termination.
Section 4. Indemnification.
4.1 To the extent permitted by Iaw and subject to the provisions and monetary
limitations of Section 768.28, Florida Statutes, the CITY does hereby agree
to defend, indemnify and hold the COUNTY, its officers, agents, or
employees, harmless from and against any and all liability, damages, costs or
expenses (including reasonable attorneys' fees, costs, and expenses at both the
trial and appellate levels) arising from the acts or omissions of the CITY in
connection with this Agreement.
Section S. Notices.
5.1 All notices, requests, demands, elections, consents, approvals and other
communications hereunder must be in writing and addressed as follows, or to
any other address which either party may designate to the other party by mail:
1f to County: Roman Gastesi, Jr.
County Administrator
Monroe County
Historic Gato Building
L 100 Simonton Street
Key West, Florida 33040
With a copy to: Suzanne Hutton, Esq.
Monroe County Attorney's Office
P.O. Box 1026
Key West, Florida 33041-1026
If to Ci James Scholl
City Manager
525 Angela Street
Key West, Florida 33040
With_a caps to: Shawn Smith, Esq.
City Attorney
525 Angela Street
Key West, Florida 33040
Any Notice required by this Agreement to be given or made within a specified period of
time, or on or before a date certain, shall be deemed to have been duly given if sent by
certified mail, return receipt requested, postage and fees prepaid; hand delivered; or sent by
overnight delivery service.
Section 6. Regulatory Powers.
6.1 Nothing contained herein shall be construed as waiving either parry's
regulatory approval or enforcement rights or obligations as it may relate to
regulations of general applicability, which may govern the Agreement.
6.2 Nothing herein shall be deemed to create an affirmative duty of either party
to abrogate its sovereign right to exercise its police powers and governmental
powers by approving or disapproving or taking any other action in
accordance with ordinances, rules and regulations, federal laws and
regulations and state laws and regulations.
Sections 7. Attorneys Fees and Waiver of Jury Trial.
7.1 In the event of any litigation arising out of this Agreement, the prevailing
party shall be entitled to recover its attorneys' fees and costs, including the
fees and expenses of any paralegals, law clerks and legal assistants, and
including fees and expenses charged for representation at both the trial and
appellate levels.
7.2 In the event of any litigation arising out of this Agreement, each party hereby
knowingly, irrevocably, voluntarily and intentionally waives its right to trial
by jury.
Section 8. Governing Law.
8.1 This Agreement shall be construed in accordance with and governed by the
laws of the State of Florida. Exclusive venue for any litigation arising out of
this Agreement shall be in Monroe County, Florida, Middle Keys Division of
the Circuit Court or the Southern District of Florida. This Agreement is not
subject to arbitration.
Section 9. Entire Agreement/Modification/Amendment.
9.1 This writing contains the entire Agreement of the parties and supercedes any
prior oral or written representations. No representations were made or relied
upon by either parry, other than those that are expressly set forth herein.
9.2 No agent, employee, or other representative of either party is empowered to
modify or amend the terms of this Agreement, unless executed with the same
formality as this document.
Section 10. Access to Records and Audits.
10.1 CITY shall keep such records as are necessary to document the performance of
the Agreement and expenses as incurred, and give access to these records at the
request of COUNTY, the State of Florida, the Federal Government, or authorized
agents and representatives of said government bodies. CITY shall also provide
access to the personal property reports, permits, and equipment purchased or
utilized under this Agreement. It is the responsibility of CITY to maintain
appropriate records in accordance with generally accepted accounting principles
consistently applied to insure a proper accounting of all funds and expenditures.
Records shall be kept for a period of five (5) years following execution of this
Agreement. CITY understands that it shall be responsible for repayment of any
and all audit exceptions which are identified by the Auditor General for the State
of Florida, the Clerk of Court for Monroe County, the Board of County
Commissioners for Monroe County, or their agents and representatives.
COUNTY shall bill CITY for the amount of the audit exception and CITY shall
promptly repay any audit exception. However, COUNTY warrants and represents
that it has full authority to fund the Project under the terms and conditions
specified herein. The COUNTY and CITY 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 CITY in conjunction with
this Agreement; and the COUNTY shall have the right to unilaterally cancel this
Agreement upon violation of this provision by CITY.
10.2 The COUNTY may cancel this Agreement for refusal by the CITY, or the CITY's
subcontractor, to allow access by the County Administrator or his designee to any
Records pertaining to work performed under this Agreement that are subject to
the provisions of Chapter 119, Florida Statutes.
10.3 The term Records shall refer to any documents, books, data (electronic or hard
copy), papers and financial records that result from the CITY or its subcontractors
performance of the Services provided in this Agreement.
10.4 If the inspection or audit discloses that COUNTY funds paid to the CITY under
this Agreement were used for a purpose not authorized by this Agreement, then
the CITY must refund the funds improperly spent with interest calculated
pursuant to Section 55.03, Florida Statutes, with interest running from the date the
COUNTY paid the improperly spent funds to the CITY. This paragraph will
survive the termination of this Agreement.
Section 11. Nonassign ability.
11.1 This Agreement shall not be assignable by either party unless such assignment is
first approved by both parties.
Section 12. Severability.
12.1 If any terra or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and
each remaining term and provision of this Agreement shall be valid and be
enforceable to the fullest extent permitted by law.
Section 13. Independent Contractor.
13.1 The CITY and its employees, volunteers, agents, vendors and subcontractors shall
be and remain independent contractor and not agents or employees of the COUNTY with
respect to all of the acts- and services performed by and under the terms of this
Agreement. This Agreement shall not in any way be construed to create a partnership,
association or any other kind of joint undertaking, enterprise or venture between the
parties.
Section 14. Waiver.
14.1 The failure of either party to this Agreement to object to or to take affirmative
action with respect to any conduct of the other which is in violation of the terms of this
Agreement shall not be construed as a waiver of the violation or breach, or of any future
violation, breach or wrongful conduct.
Section 15. Funding.
15.1 The parties agree that the COUNTY's responsibility under this Agreement is to
provide funding only.
Section 16. Survival of Provisions.
16.1 Any terms or conditions of either this Agreement that require acts beyond the date
of the term of the Agreement, shall survive termination of the Agreement, shall
remain in full force and effect unless and until the terms or conditions are
completed and shall be fully enforceable by either party.
Section 17. Counterparts.
17.1 This Agreement may be executed in several counterparts, each of which shall be
deemed an original and such counterparts shall constitute one and the same
instrument.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.]
IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and
year first written above.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
Mayor/Chairperson
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY: APPROVED AS TO FORM AND
Deputy Clerk LEGAL SUFFICIENCY
BY:
ATTORNEY'S OFFICE
THE CITY OF KEY WEST, FLORIDA
Morgan\MtPherson, Mayor
AT ST:
Cheri Smith
City Clerk
(City Seal)
APPROVED AS TO F Y FOR THE USE
AND RELIAN EST, FLORIDA ONLY:
rney
MONROE COUN ATTORNEY
APPROV 0 A TO/FORM
Datr f
MON x r"'NTY ATTORNEY
A • F' R!�t
Dete: