Item H1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 16, 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 Marathon (City)
reimbursing the City in the amount of $22,400 from Boating Improvement Funds for costs previously
incurred for recent renovations at the Quay Boat Ramp in Marathon.
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 Marathon is requesting
funding assistance, in the form of reimbursement, for recent expenditures for renovations at the Quay
Boat Ramp, including construction of a boarding dock and installation of rip rap. This is an allowed
use of Boating Improvement Funds as described under Florida Statute Chapter 328.72.
PREVIOUS RELEVANT BOCC ACTION:
August 2008- ILA with City of Marathon reimbursing the City for boating related expenditures,
including vessel wastewater haul-out costs and disposal of a boat and trailer in the amount of
$17,243.30.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOT AL COST: $22,400.00 BUDGETED: Yes ----L No -
DIFFERENTIAL OF LOCAL PREFERENCE: nla
COST TO COUNTY: $22,400.00 SOURCE OF FUNDS: BIF 157-62520
REVENUE PRODUCING: Yes - Nol AMOUNT PER MONTH - Year
-
APPROVED BY: County Atty ~ OMB/Purchasing ---X- Risk Management ~
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: City of Marathon. / Contract #
Effective Date: J 9/16/2009
Expiration Date: nla
Contract Purpose/Description:
An interlocal agreement with the City of Marathon (City) reimbursing the City for
previously incurred costs for renovations to the City's Quay Boat ramp, including
construction of a boarding dock and installation of rip rap in the amount of $22,400.00.
Contract Manager: Richard Jones 2805 Growth Management/II
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 9/16/09 Agenda Deadline: 9/1/09
CONTRACT COSTS
/ '
Total Dollar Value of Contract: $ 22,400.00 Current Y~r Portion: $ 22,400.00
Budgeted? Yes~ No D Account Codes: 157-62520-_-_-_
Grant: $ - - - -
-----
County Match: $ - - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director _ YesD NoD
Risk Mana~ment 'FnJdt YesO No[2J ]]. -SoJih-J 8;1 d. -0
O~BJPUrCha~t K'/H'7YesO NOclJ -\-~ ~ ~1'
County Attorney 8-/1'(;7 YeSDNo~i>71/fj~~
Comments:
OMB Form Revised 2/27/01 Mep #2
INTERLOCAL AGREE.MENT
THIS INTERLOCAL AGREEMENT is entered into as of this 16th day of September,
2009, between Monroe County, a political subdivision of the State of Florida (COUNTY) and
the City of Marathon, a municipal corporation organized and existing under the laws of the State
of Florida (CITY).
WITNESSETH:
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 $22,400.00 from Boating Improvement Funds for costs previously incurred by the
City for renovations at the Quay Boat Ramp; 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 previously
incurred public launching facility renovation costs as follows:
1.1 Payment in the amount of $22,400.00 for renovations to the City's Quay
Boat Ramp, including construction of a boarding dock and installation of rip
rap.
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 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.
1.3 By submitting a request for payment CITY represents that it has complied
with all of its purchasing requirements.
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.
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 (Default
Notice) shall 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 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 law 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. This provision shall survive the expiration
or earlier termination of this Agreement.
2
Section 5. 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:
If to County: Roman Gastesi, Jf.
County Administrator
Monroe County
Historic Oato Building
1100 Simonton Street
Key West, Florida 33040
With a copy to: Suzanne Hutton, Esq.
Monroe County Attorneys Office
P.O. Box 1026
Key West, Florida 33041-1026
If to City: Clyde Burnett
City Manager
City of Marathon
9805 Overseas Highway
Marathon, Fl 33050
With a copy to: John Herin, Esq.
City Attorney
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A.
150 West Flagler Street, Suite 2200
Miami, Florida 33130
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 party'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.
3
Section 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 or mediation
arising out of this Agreement shall be in the 16th Judicial Circuit in and for
Monroe County, Florida. This Agreement is not subject to arbitration.
Section 9. Entire AgreementIModiflcationl Amendment.
9.1 This writing contains the entire Agreement of the parties and supersedes any
prior oral or written representations. No representations were made or relied
upon by either party, 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
4
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. Nonassignability.
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 term 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.
5
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.]
6
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
BY:
Mayor/Chairperson
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY: APPROVED AS TO FORM AND
Deputy Clerk LEGAL SUFFICIENCY
~
BY:
- Ass ant County Att rney
2-/Cj-()Cj
THE CITY OF MARATHON, FLORIDA
M~//~
ATTEST: ~//
'6la~ C1au(JJt
Diane Clavier
City Clerk
(City Seal)
APPROVED AS TO FORM AND LEGALITY FOR THE USE
AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY:
.' . '-:> ,I
/ " --0'" 7
BY: j' t \.J
John Herin, Esq.
City Attorney
7