08/16/2006 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
Aprilll, 2007
TO:
Andrew Trivette, Acting Director
Growth Management Division
ATTN:
FROM:
Mayra Tezanos
Executive Assistant
Pamela G. Hanco~r
Deputy Clerk ,,-Y
At the August 16, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an lnterlocal Agreement between Monroe County and the
City of Marathon authorizing the transfer of $30,000 in funds from the City of Marathon to the
County to assist in the development of digital aerial photography for use as GIS base layer
imagery. The County will provide digital photography to the City of Marathon in return.
Enclosed is a duplicate original of the above-mentioned, that was just received by our
office for execution, for your handling. Should you have any questions please do not hesitate to
contact this office.
cc: County Attorney
Finance
File/
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT (ILA) is entered into this 16th day of August, 2006
between Monroe County, a political subdivision of the State of Florida (hereinafter COUNTY)
and the City of Marathon, a municipal corporation organized and existing under the laws of the
State of Florida (hereinafter CITY).
WITNESSETH:
WHEREAS, COUNTY and CITY desire to enter into a joint participation agreement to
provide assistance to the County in preparation of digital aerial photography for use by both
parties in GIS applications; and
WHEREAS, pursuant to Sec. 163.01, Florida Statutes, the parties have the authority to
enter into an InterIocal Agreement;
NOW THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed between COUNTY and CITY as follows:
Section 1. Services. The CITY agrees to provide the COUNTY with $30,000.00 to
assist the County in its preparation of digital true color and color infrared (IR) photography of
the Florida Keys to be utilized in GIS projects by both parties. The County agrees to provide the
CITY with said digital photography as soon as its contractor and sub-contractor (Florida
Department of Transportation and Woolpert, Inc. respectively) make said photography available
in final form, no later than December 3 I, 2006.
Section 2. Payment. The CITY agrees to transfer funds to the County in the amount of
$30,000.00 within 30 days of the execution of this ILA by both parties.
Section 3. Termination and Default.
3. I 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") 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. This provision does not
apply to the payment of funds.
3.5 In the event the defaulting party fails to effect 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. Notices.
4.1 All notices, requests, demands, elections, consents, approvals and other
communications hereunder must be in writing (each such, a "Notice") and addressed
as follows (or to any other address which either party may designate by Notice):
Iflo County:
George Garrett
Director of Marine Resources and GIS
2798 Overseas Highway, Suite 420
Marathon FL 33050
Tom Willi
County Administrator
1100 Simonton Street
Key West FL 33040
With a copy to:
Suzanne Hutton, Esq.
County Attorney
3m Floor, Rear
502 Whitehead Street
Key West, Florida 33040
If to City:
Michael Puto
City Manager
City of Marathon
9803 Overseas Highway
Marathon, Florida 33050
With a copv to:
John Herin, Esq.
City Attorney
Stearns Weaver Miller
Weissler Alhadeff & Sitterson, P.A.
150 West Flagler Street, Suite 2200
Miami, Florida 33130
BC060820 lLA Aerial Marathon (2)
7/31/20062:12:00 PM
2
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; facsimile; or sent by
overnight delivery service with proof of delivery.
Section 5. Rel!:ulatorv Powers.
5.1 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.
5.2 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.
Section 6. Attornevs Fees and Waiver of Jurv Trial.
6.1 In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover its attorneys' fees and costs.
6.2 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 7.
Governinl!: Law.
7.1 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, 16th Judicial Circuit Court. This
Agreement shall not be subject to arbitration.
Section 8. Entire Al!:reement/Modificationl Amendment.
8.1 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 party, other than those that are expressly set forth herein.
8.2 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.
BC060820 ILA Aerial Marathon (2)
7/~{1/2006 2:12:00 PM
3
Section 9. Access to Records and Audits.
9.1 Both parties shall have the right to, during the term of this Agreement and for a
period of three (3) years from the date of termination of this Agreement, have
access to and the right to examine and audit any records involving transactions
related to this Agreement.
9.2 Either party may cancel this Agreement for refusal to allow access to any records
pertaining to work performed under this Agreement that are subject to the
provisions of Chapter 119, Florida Statutes.
9.3 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.
Section 10. Nonassil!:nabilitv.
10.1 This Agreement shall not be assignable by either party unless such assignment is
first approved by both parties.
10.2 The provisions of this Section shall not prohibit the COUNTY from utilizing the
services of subcontractors to perform the Services contemplated in this
Agreement.
Section 11. Severability.
11.1 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 12. Waiver.
12.1 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 13. Fundinl!:.
13.1 The parties agree that the CITY's responsibility under this Agreement IS to
provide funding only.
Section 14. Survival of Provisions.
14.1 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.
BC060820 lLA Aerial Marathon (2)
7/31120062: 12:00 PM
4
Section 15. CounterDarts.
15.1 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.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first written above.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
~M-~
BY:
Mayor/Chairperson
Deputy Clerk
THE CITY OF MARATHON, FLORIDA
~a:.~
Chris Bull, Mayor
ATTEST:
~ UrwcLL
3::
C) 0
::r: ):>
;:0,.....;;0:
0'" ""~~
fT1r---:
A~
o. r-
0"-,.
S33~'-'
~. ,
--io,.'
:-<:-I:L
". ):>
r CJ
,,:..."" Pl
Diane Clavier
City Clerk
(City Seal)
APPROVED AS TO FORM AND LEGALALITY FOR THE USE
AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY:
BY: ;~I~~
City Attorrley
BC060820 lLA Aerial Marathon (2)
7/~H/2006 2:12:00 FM
5
:too
::J::
CO
..
en
N
.....
=
=
......
:too
-0
;;0
~
,-
r.i
'::"J
-.,
a
::;
:::':1
r-q
C)
o
:::0
':::I