01/16/1997
INTERLOCAL AGREEMENT
FOR
GRANT OF FUNDS
THIS AGREEMENT dated the
<j)
I/; day ohlll'fJUA ~V
. 19~ is entered into by
and between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY (hereinafter
"County). on behalf of the TOURIST DEVElOPMENT COUNCIL (hereinafter "TOC"). and THE CITY OF KEY
WEST (hereinafter "City").
WHEREAS. the County has. upon the recommendation of the TOC and District I Advisory
Committee. allocated tourist development revenues to finance a beach improvement and
restoration project which includes Higgs Beach. a County-owned park. improvement and restoration
of the City-owned White Street Pier. and Smathers Beach. a City-owned park. all of which are
located on the Island of Key West or in the waters adjacent thereto.
WHEREAS. the White Street Pier/Higgs Beach Project has been completed as partial mitigation
required by State of Florida agencies for the Smothers Beach project: and
WHEREAS. the City has the ability to act as construction manager for the Smathers Beach Project
in order to facilitate the earliest possible completion of the project to improve its tourism-attracting
value; and
WHEREAS. the County and City have determined that it is in the best interests of the public to
enter into this a~lreement to expedite the project: and
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WHEREAS. the U.S. Army Corps of Engineers has already completed a draft genefal ~ign
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NOW. THEREFORE. in consideration of the mutual covenants and promises containesf"heref~ the
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County and the' City have entered into this agreement on the terms and condition~s segorth
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memorandum and cost estimate:
below.
I. CONTRACT PERIOD. This agreement shall commence on the date last executed by both
parties. and sha!"retii'<;tin in effect until the funds herein are expended. This agreement shall remain
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in effect for the l;tated period unless one party gives to the other written notification of termination
pursuant to and in compliance with paragraphs 12 and 13 below.
2. SCOPE OF AGREEMENT. The City shall develop construction designs. construction cost
estimates, spl~cifications and provide construction as is necessary to complete the Smathers Beach
Project as described in the City of Key West Smathers Beach Renourishment Project Proposal dated
7110/96. which is attached hereto and incorporated herein by reference.. This design and
construction work shall be known as Phase II of the Smathers Beach Project. The results shall be
presented to the City and County. TOC approval of subsequent phases, or significant changes to
the Project. shall be required for the County to execute any amendments for funding. but said TOC
approval shall not be unreasonably withheld.
3. AMOUNT OF AGREEMENT AND PAYMENT. The County shall provide an amount not to
exceed $500.000 in reimbursement to permit. design and/or construct Phase II, subject to availability
of funds. The County assumes no liability to fund this agreement for an amount in excess of this
award. Payment shall be made through reimbursement to City or its contractor upon presentation
of invoices, cClnceled checks and other documentation to support a claim for reimbursement. such
documentation being subject to requirements of the County's Finance office. Payment shall only be
made to the e,xtent that documentation shows a 50% match by the City. Construction is currently
scheduled to begin in fiscal year 1997 or 1998, Construction of the Project may be completed prior
to the County funds being budgeted. The County's obligation under this agreement will be
considered to> accrue during the fiscal year in which the City submits to the County a City
invoice reque.sfing reimbursement of expenditures which have been made by the City. Under
the beach improvement financing section of the Tourist Development Tax Statute, the City may
request reimbursement of City's expenditures, or may have third-party contractors submit
invoices for direct payment of services rendered dUring the current fiscal year.
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4. REPORTS. The City shall provide financial reports in summary of activity on forms
provided or approved by the County. and quarterly narrative reports of activity under the approved
work plan. The 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 the TDC.
the County. the State of Florida. or authorized agents and representatives of said government
bodies. It is the responsibility of the City to maintain appropriate records to insure a proper
accounting of all funds and expenditures. The City understands that it shall be responsible for
repayment of cJny and all audit exceptions which are identified by the Auditor General of the State
of Florida. the Clerk of Court for Monroe County. the Board of County Commissioners of Monroe
County. or their agents and representatives. In the event of an audit exception. the current fiscal
year grant awclrd or subsequent grant awards will be offset by the amount of the audit exception. In
the event the !~rant is not renewed or supplemented in future years. the City will be billed by the
County for the amount of the audit exception and shall promptly repay any audit exception.
5. MODIFICATIONS AND AMENDMENTS.
Any and all modifications of the terms of this
agreement shall be amended in writing and approved by both parties.
6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder. the City is an
independent contractor and not an employee of the Board of County Commissioners of Monroe
County. No statement contained in this agreement shall be construed as to find the City or any of its
employees. contractors. servants or agents to be employees of the Board of County Commissioners
of Monroe Count. and they shall be entitled to none of the rights. privileges or benefits of employees
of Monroe County.
7. COMPUANCE WITH LAW. In carrying out its obligations under this agreement. the City shall
abide by all statutes. ordinances. rules and regulations pertaining to or regulating the provisions of
this agreement. including those now in effect and hereafter adopted. Any violation of said statutes.
ordinances, rules or regulations shall constitute a material breach of this agreement and shall entitled
the County to terminate this contract immediately upon delivery of written notice of termination to
the City. Any dir,ect payment by County to any vendor or Contractor of City for the services under
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this agreement shall not transfer to County responsibility for compliance with the Consultants'
Competitive Negotiation Act. Section 287.055. F.S.. which sole responsibility for assuring compliance
shall remain with the City.
8. RESTRI'CTIONS ON CONTRACTS ENTERED PURSUANT TO THIS AGREEMENT. The City shall
include in all contracts funded under this agreement the following terms:
oj Anfi..discrimination. Contractor and City agree that they will not discriminate against
any employees or applicants for employment or against persons for any other benefit or service
under this agreement because of their race. color. religion. sex. sexual orientation. national origin. or
physical or mental handicap where the handicap does not affect the ability of an individual to
perform in a position of employment. and to abide by all federal and state laws regarding non-
discrimination.
b) Anti-kickback.
Contractor warrants that no person has been employed or retained
to solicit or secure this contract upon an agreement or understanding for a commission. percentage.
brokerage or contingent fee. and that no employee or officer of the City has any interest. financially
or otherwise. in Contractor. For breach or violation of this warranty. the City shall have the right to
annul this contract without liability or. in its discretion. to deduct from the contract price or
consideration. the full amount of such commission. percentage. brokerage or contingent fee.
Contractor acknowledges that it is aware that funding for this contract is available at least in part
through the County and that violation of this paragraph may result in the County withdrawing
funding for the White Street Pier/Higgs Beach Project.
c) Hold harmless / indemnification. (City shall determine and include:)
Standard deSign/construction hold harmless/indemnification provisions that will protect
the City. the County and the TDC from and against any and all claims. liabilities. litigation. causes of
action. damages. costs. expenses. ele. ariSing directly or indirectly from any negligence. errors.
omissions or criminal conduct on the part of the Contractor and any Subcontractors in the
performance of the terms of any contracts resulting trom the funding provided by the County and
any activities on County property.
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d) Insurance. (At the City's discretion,) the Contractor and Subcontractors shall be
required to pl'ovide any types of insurance and limits of such insurance that will further protect the
City, the County and the TOC from the actions/inactions of the Contractor and any Subcontractors
in the performance of the terms of any contracts resulting from the funding provided by the County.
The City. the County and the TDC shall be named as additional insureds where appropriate
and the Monroe County Risk Management shall be provided copies of all certificates of insurance
upon executie'n of any contract and upon renewal of the Contractor's insurance.
e) Authority. Contractor warrants that it is authorized by law to engage in the
performance of the activities encompassed by the project herein described. Each of the signatories
for the Contractor below certifies and warrants that the Contractor's name in this agreement is the
full name as d<~signated in its corporate charter (if a corporation); they are empowered to act and
contract for the Contractor, and this agreement has been approved by the Board of Directors of
Contractor or other appropriate authority.
f) Licensing and Permits. Contractor warrants that it shall have. prior to
commencement of work under this Agreement and at all times during said work. all required licenses
and permits whether federal. state. County or City.
9. HOLD HARMLESS/INDEMNIFICATION. The City hereby agrees to indemnify and hold
harmless the County and TDC and any of their officers and employees from and against any and all
claims. liabilities. litigation. causes of action. damages, costs. expenses. and the payment of any and
all of the foregoing or any demands, settlements or jUdgments ariSing directly or indirectly under this
agreement. The City shall immediately give notice to the County of any suit, claim, or action made
against the City or its Contractors and/or Subcontractors that are related to the activity under this
agreement. and will cooperate with the County in the investigation of any suit. action or claim
related to the design an/or construction activities contemplated by this agreement.
10. ANTI-DISCRIMINATION. The City agrees that it will not discriminate against any of their
employees or applicants for employment or against persons for any benefit or service because of
their race. color. religion. sex. sexual orientation. national origin. or physical or mental handicap
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where the hClndicap does not affect the ability of on individual to perform in 0 position of
employment. (md to abide by 011 federal and state lows regarding non-discrimination.
II. ANTI-KICKBACK. The City warrants that no person has been employed or retained to solicit
or secure this agreement upon on agreement or understanding for 0 commission. percentage.
brokerage or contingent fee. and th~'t no employee or officer of the County or TDC has any interest.
financially or otherwise. in City. exce t for residency or employment within the City limits. For breach
or violation of Ilhis warranty. the Cou ty sholl hove the right to annul this contract without liability or.
in its discretion. to deduct from the contract price or consideration. the full amount of such
commission. percentage. brokerage or contingent fee.
12. TERMINATION.
This agreement sholl terminate upon the final disbursement of funds
appropriated hereunder. Termination prior thereto sholl occur whenever funds cannot be obtained
or cannot be continued at 0 level sufficient to allow for the continuation of this agreement pursuant
to the terms herein or when termination is deemed by County to be in its best interests. In the event
funds cannot b,a obtained or cannot be continued at 0 level sufficient to allow for the continuation
of this agreeme,nt pursuant to the terms specified herein. this agreement may then be terminated
immediately by written notice of termination delivered in person or by moil to the City. The County
sholl not be obligated to pay for any services or goods provided by the City after the city has
received written notice of termination.
13. TERMINATION FOR BREACH OF AGREEMENT. The County may immediately terminate this
agreement for any breach of the terms contained herein. Such termination sholl toke place
immediately upon receipt of written notice of said termination. Any waiver of any breach of
covenants herein contained to be kept and performed by the City sholl not be deemed or
considered os (] continuing waiver and sholl not operate to bar or prevent the County from
declaring 0 forfeiture for any succeeding breach either of the some conditions or of any other
conditions.
14. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto
with respect to the subject matter hereof and supersedes any and 011 prior agreements with respect
to such subject matter between the City and the County.
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15. CONSENT TO JURISDICTION. This agreement. its performance. and all disputes arising
hereunder. sh,~1I be governed by the laws of the State of Florida. and both parties agree that the
proper venue for any actions shall be in Monroe County.
16. NOTICE. Any written notice to be given to either party under this agreement or related
hereto shall be, addressed and delivered as follows:
For City:
City Attorney
525 Angela Street
Key West. FL 33040
For County: TDC Administrative Offices
3406 N. Roosevelt Blvd.
Key West. FL 33040
and
County Attorney
310 Fleming Street
Key West. FL 33040
~ESS WHEREOF. the parties hereto have caused this agreement to be executed the day
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r first above written.
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, DANNY L. KOLHAGE. Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By 1l~1t:~~~rf~'~
Depu 'Cle
By
(SEAL)
Attest: Josephine E',Q.. er. Clerk
CITY OF KEY WEST. FLORIDA
By
ao/con/smotherl
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Smathers Beach Renourishment Project Proposal
Smathers Beach Estimated Costs
Permitting Costs
Beach Nourishment(sand)
Surveys/Testing
Blimp Pad Mitigation, Monitoring
Vegetation
Walkovers, Parking, Signage
Plan.,Engr.,Design, Inspect.
Storm Water Improvements
Total
$10,000.00
$1,100,000.00
$30,000.00
$602,000.00
$120,000.00
$135,000.00
$1,200,000.00
$130,000.00
$3,327,000.00
Storm Water Improvements (3.9%) Permitting Costs (0.3%)
Plan.,Engr.,Design, Inspect. (36.1%)
Walkovers, Parking, Sian. aoe (4.1%)
V"egGtatlon (3.6%)
Beach Nourishment(sand) (33.1 %)
SurveyslTesting (0.9%)
Blimp Pad Mitigation, Monitoring (18.1 %)
July 10, 1996
Prepared by Annalise Mannlx-Lachner
City of Key West Engineering Department
John Jones, Dh'ector
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RESOLUTION NO. 96-348
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, APPROVING THE
ATTACHED INTERLOCAL AGREEMENT BETWEEN THE
CITY AND MONROE COUNTY FOR A GRANT OF FUNDS
FOR SMATHERS BEACH RENOURISHMENT; PROVIDING
FOR AN EFFECTIVE DATE
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY
WEST, FLORIDA, AS FOLLOWS:
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~ction 1: That the attached Interlocal Agreement between
the City and Monroe County for a grant of funds for Smathers
Beach renourishment is hereby approved.
~ction 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
1st
day of
October
1996.
Authenticated by the presiding officer and Clerk of the
Commission on
October 2nd
, 1996.
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Filed with the Clerk October 3rd
, 1996.
JO
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E PARKER, CITY CLERK
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D S J. WARDLOW, MAYOR
RESOLUTION NO. 96-463
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, APPROVING THE
ATTACHED INTERLOCAL AGREEMENT BETWEEN MONROE
COUNTY AND THE CITY OF KEY WEST FOR A GRANT
OF FUNDS FOR SMATHERS BEACH RENOURISHMENT;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Resolution No. 96-348 approved an Interlocal
Agreement between the City and Monroe County, whose Paragraph 3
has been amended herein to provide for annual payments;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, AS FOLLOWS:
~:tion 1: That the attached Interlocal Agreement between
Monroe County and the City of Key West for a grant of funds for
Smathers Beach renourishment is hereby approved.
~:tion 2: That this Resolution shall go into effect
immediat:ely 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
17
day of
DeC'ernher
, 1996.
Authenticated by the presiding officer and Clerk of the
CommissiQn on nprpmhpr ?O
, 1996.
Fil,:d with the Clerk Dpcpmhpr ?O
, 1996.
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JOSEPHI E: PARKER, CITY CLERK
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HARRY BETHEL, MAYOR PRO TEMPORE
RESOLUTION NO. q7-~~
A RESOLUTION OF THE CITY COKNISSION OF THE
CITY OF KEY WEST, FLORIDA, APPROVING THE
ATTACHED AMENDMENT TO THE INTERLOCAL
AGREEMENT BETWEEN THE CITY AND MONROE COUNTY,
APPROVED IN RESOLUTION NO. 96-463, FOR A
GRANT OF FUNDS FOR SMATHERS BEACH
RENOURISHMENT; PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the City Commission approved an Interlocal
Agreement with Monroe County in Resolution No. 96-463; and
WHEREAS, the County has requested an amendment to paragraph
3 of the Agreement;
NO~I, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, AS FOLLOWS:
se&tion ]: That the attached Amendment to the Interlocal
Agreement between the City and Monroe County, approved in
Resolution No. 96-463, is hereby approved.
~tion 2: That this Resolution shall go into effect
immediatl9ly upon its passage and adoption and authentication by
the signa.ture of the presiding officer and the Clerk of the
Commission.
Palssed and adopted by the City Commission at a meeting held
this
22
day of Janllarv
, 1997.
Au.thenticated by the presiding officer and Clerk of the
commission on
Januarv n
, 1997.
Filed with the Clerk
TRntlRry 71
, 1997.
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CLERK
STATE OF FLORIDA)
COUJi'l'Y OF !,~OnROE)
CITY OF KEY WEST)
'i'~1is copy is a tru - CO"'lY of the
ori::inal on f:ll(~:1 t"~'_i3 offj.ce.
Wi tneSf3 my hAnd a :rfJcial seal n rf
thIs:)6 day of___ __. . 19-=.Lj....
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