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Resolution 113-2010 RESOLUTION 113 - 2010 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA APPROVING THE DISASTER RECOVERY INITIATIVE 2008 TROPICAL STORM FAY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INTER LOCAL AGREEMENTS FOR THE CITIES OF KEY WEST, MARATHON, KEY COLONY BEACH AND ISLAMORADA, VILLAGE OF ISLANDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Community AffailS (DCA) has announced the Disaster Recovery Initiative 2008 Tropical Storm Fay Community Development Block Grant (CDBG) Program for which Monroe County is allocated $2,488,963 for a countywide Disaster Relief Program; and WHEREAS, Monroe County has submitted an application and the State of Florida Department of Community Affairs (DCA) has conducted a site visit and requested the execution and approval by both parties of the proposed inter local agreements contained in the application. NOW THEREFORE, be it resolved by the Monroe County Board of County Commissioners that the County hereby: Authorizes the execution of the attached Inter Local Agreements by Monroe County between the Cities of Key West, Marathon, Key Colony Beach and Islamorada, Village of Islands for the 2008 Disaster Recovery Initiative Tropical Storm Fay CDBG countywide program. PASSED AND ADOPTED by the Board of County Comm issioners of Monroe County, Florida at a regular meeting of said Board held on the 21 st day of April 2010. \C) Q M x: a- U) W G ~ ,.....: <-...: :c <...) N Mayor Sylvia Murphy Mayor Pro Tern Heather Carruthers Commissioner Mario DiGennaro Commissioner Kim Wigington Commissioner George Neugent Yes Yes Yes Yes Yes :;~u ~"":." C l.w ,-~J Z _..1 0.:: __<( U 2': It,;...... c:-: a .....:.- ~ Deputy Cler BOARD OF COUNTY COMMISSIONER OF MONROE COUNTY~ ~ By: ~ · Mayo ylvia urphy ~/GS Jd Approved as to legal sufficiency: Date: INPrEI~-L'()C~\L i\(;R'EI~~ll~NT B J;: .'r\V I~ F: N c~rr" OF K~:Y \:VES'f, '1~I.,OI{lD.~\. i\ND M{)NIl()E (~()lJN'rY F()R C()!\ll\1UNI1-'\l OEvrEl.l()(>MI~Nl" BLOCK G"I~4.\Nl~ (CI)lJ(-;) 20080ISAS1~Ell. IU~COVEI{ Y IN'rrI ~~~rI\/~: THIS AGREEMENT is made and entered into thiS~~~Y Of~___, 2010 by and between the City of Key West, Florida (hereafte.r ';'City'~) and J\.1onroe (:ounty (hereatter ~;'County~'). WHEREAS, Chapter 163, Florida Statutes, permits govemlnentaJ units to enter illtO inter-local agreements to lnake tIle 1110st efficient use of their powers by enabling thcln to c.ooperate \vith one another on a basis of n1utual advantage~ and \VHEREi\S, both the City and the County are authorized by generalla\\-' to provide for the health, safety, and welfare of citizens within their respective jurisdictions and now desire to make the lTIOst efficient use of their powers by entering into tIns ~A.greenlent to serve their Inutual best interests and advantage; and WlIEREi\S, the COU11ty has applied for a 2008 Disaster Recovery Initiative COnl1TIUnity ])eveloplnent Block Grant (CI)LiG) in the amount of $2,488,963 Jionl the State of Florida, Dcpa11rnent of Comn1unity Affairs (hereafter "'I)CI\~~) to be used for ~'disas1er relief, long telm recovery and restoration of infrastructure~ housing and econoluic revitaliz.atlon in areas aflcctc:.d by hurricanes, Hooding alld other natural disaster that occurred during 2008; and \\'HER.Ei\S, Monroe County intends to lnake the funds available county-\vide; and \VH":ItE~:.\.S, an inter-local agrcenlcnt is required if a CI)13G funded activity is outside the jurisdiction of the applying local government. NO'''' rrIJf~RE}t"O)l{i:, in consideration of the ll1utual covenants and obligations cont8ined herein, the City and County hereby agree as follo\Ns: I. .Purpose. 'IllC purpose of this Inter-local J\grccn1cnt is to coordinate the distribution of the 2008 C'DJ3C} I)isaster Recovery Initiative (hereafter ~~CJ)f3(J-DI{r) funds f()r the benefit of both parties and establish th.e jurisdiction \vilhin '\vhich the County is authorized to undertake disaster relief) long tcrlTI rcc()very and restoration of infrastruc.ture and housing and econolnic revitalization act.ivities. I'he f\pplication 'lor :2008 C~D B(i-I)I~..I flunding, including attachn1cnts and supplements, \vill provide funding to eligible applicants and properties county\vide. 2. Administrat'ion. lnc County will administer the 2008 CDf3G-I)R.I funds in confoflnance wit]1 all applicable IfU'O requirclllcnts, as adnlinistered by DCA, and as delineated lnore SlJccificalIy in the Application and in the Grant Award Agreement between the County and. DCA. The County'Js 2008 CDBG-DRI Award \vill be n1anagcd by tlle Monroe County llousing Authority (llousing Authority). The 110using Authority may seck an outside firm to perform Project Deli\/ery Services. 3. Termrrermination. l"'he ternl of this i\.grecn1ent shall bcghl on the date of filing all executed copy \vith the Clerk of the Court, and shall expire as of the date the 2008 (~DB(J- DRl agreement is admin.istrati\'ely closed-out by the County. 4. tJurisdiction. 1~11C County. is authorized to disburse 2008 eDI30-DRI funds in accordance \.~/ith 2008 CDBG-J)R.I Gra11t rcquirctncnts within the geographic. boundaries uf the City of Key \\lest, Florida to eligible recipients for purposes of disaster relief, long tel111 rec.overy and restoration of infrastructure and housing and econornic revitalization activities. 5. Consistencv "lith Comp Plan. By accepting 2008 CI)BG-DRI funds the City.' aftirn1S that all activities Ulldcrtakel1 and funded \vith 2008 ("])(3(i-[)RJ funds arc consistent \vith the (~ity.s C'ornprehensive })lal1. 'J 6. Notices. In the event either pal1y hereunder desires or is required to provide any notice to the other party, the pUJ1y desiring or required to provide such notice shall provide it in \\Titing, send it by certified 111ail, return receipt requestc.d~ postage prepaid~ to the oth~r party at the address listed belovv: If to ('fit)': Jill1 Scholl:- City 1\1anager City of Key \~!est, Florida 525 Angela Street Key Wcst~ FI.J 33040 If to County: !{on1an Gastesi, (~ounty Adn1inistrator Monroe C.ounty 1100 Simonton Street Key West, Florida 33040 7. Modification. No n1odific.ation, am endrrlc nt, or alteration in the terms ()r conditions herein shall be effective urlless contained in a \vritten document executed \vith the san1e fornlality and of equal dignity here\vith. 8. Execution.. rnlis Agreelnent shall be executed in duplicate and eacll shall be considered an originaL 9. Disclaimer of Third l'artv Beneficiaries. rrhis AgreC111ent is sol~ly fc)r tile benefit of the parties to this Interlocal Agreement. No right or cause of action shall accrue upon or by reason hereof inure to or for the bene11t of any third party. 10. l\ssignmcnt. "fhis i\greelTlcnt shall be binding on the parties, their represcntatives~ successors and assigns. Neither party shall assign this /\greement or the rights or obligations hereof to any other person or entity \vithoUl the prior \~Tiltcn consent of the other party. '" -' II. Indemnification. "rhe C'.jty~ as a state agency or subdivision defined in Section 768.28~ Florida Statu.t~s) agrees to be fully responsible to the Ji111its set forth in such statute for its o\vn negligent acts or o111issions, or intentional tortlloU~ actions~ \Nhicb result in clain1s or suits against either County or City~ and agrees to be liable to the statutory Iin1its for any danlages proxinla1cly caused by said acts or olnissions, or intentional t.ortuous acts. 'fhc County, as a political sub-division \)f the State of Florida, a<i defined in Section 768.28, l~'lorida Statutes, agrees to be fully responsible to the limits set forth in such statute for its o\vn negligent acts or omissions, or intentional tortuous acts, vvhich result in clain1s or suits against either the City or COUl1ty, and agrees to be liable to the statutory lin1its for any damages proximately caused by said acts or olnissions, or intentiona~ tortuous acts. Nothing contained in t11is Section shall be construed to be a waiver by either party of any protections under sovereib'11 ilnmunity, Section 768.28 Florida Statutes, or any other sinlilar provision of la\\'. Notlling contained herein shall be construed to be a consent by either party to be sued by third parties .in any n1attcr arising out of this or any other Agreell1ent. ] 2. Severabilitv. If any part of this Agreen1ent is found invalid or un.enforc.eable by any court, such invalidity or unenforccability shall not affec.t the other parts of the Agreement~ if the right.s and obligations or the parties contained herein are not materially prejudiced and if the intentions of the parties continue t.o be ctTected. 13. ~t\DJllicablc IJa\\,/lJisputes/Litieation. '[his Agreement and the provisions contaIned herein shall be construed, controlled, and interpreted acc.ording to the lavv's of the State of Florid.a. i\ny dispute involving litigation bet\Neen County and (:ity is suhjccl to all provisions of C~haptcr 164~ t....lorida Statutes. 'T'he parties agree that in the event of any litigation arising out of any all~ged breach or llon-perfoITI1anCC of this J~.greelnent~ the venue f()r such litigation shall be in J\.1onroe C.ounty,! Florida. 14. .-\ttornev's .....ces and Costs. --[he County and the C~ity agree that in the event any cause of action or aurninistrati\/e proceeding is iniliated or defended by any party relative to the. 4- enforccnlcnt or interpretation of this /-\grCe111cnt, the prevailing party shall be entitled to reasonable attorney's fccs~ COUIi costs~ jnvesligati\'e~ and out-of-pocket cxpenses~ as an a\vard against the non-prevailing party, and shall include anorney~s fees, courts costs~ investigative, al1d out-of-pocket expenses in appellate proceedings. lvlediation proceedings initiated a.nd conducted pursuant to tbis .t\gn.:.en1ent shall be in accordance \-vith the r'lorida Rules of C:ivil Procedure al1d usual and custonlary procedures required by t.he circuit court of lV1onroc (~ounty. 15. Nondiscrimination. I'he County and the City agree to c0111ply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrinlination. 'rhcse include but are not limited to: I) Title VI of the Civil Rights Act of 1964 (I')L 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) "fitle IX of the Education l\n1endlnent of 1972, as an1.ended (20 lJSC ss.1681-1683, and 1685-1686), \vhic.h prohibits discriminatioll on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amend.ed (20 use s~ 794), \vhich pr()hi.bits discrilninatiol1 on the basis of handicaps; 4) 'rhe Age Discrimination i\ct of 1975, as amended (42 use SS. 6101-6107) \\lhich prohibits discrilnination on the basis of age; 5) 'I'he Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as mucnded, relating to nondiscrimination on the basis of dl1Jg abuse; 6) l"'hc Comprehensive Alcohol Abuse and Alcoholisn'l Prevention, T'reatnlent and Rehabilitation Act of 1970 (PL 91- 616), as amended, relating to nondiscrimination on the basis of alc.ohol abuse or alcoholislu; 7) 'fhe Public }-Iealth Senric.e i\ct of 1912, SSe 523 and 527 (42 US(~ SS. 690dd-3 and 290ec...3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights I\ct of 1968 (42 use s. et seq.), as an1ended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The A.mericans with Disabilitie.s Act of 1990 (42 LISe s. 1201 Note), as Inaybe alnended fron1 tilnc to tilne, relating to nondiscrin1ination on the basis of disabiJity~ 10) ;\ny ot.her nondiscrimination provisions i!1 any Federal or state statutes vlhich lnay apply to the parties to, or tIle subject rnatter of, this .r\grcenlcnt. 16. Public ~4ccess. '[he County and .the (~it}~ shall allo\v and pcrnlit reasonable access to~ and inspection of: all doctln1c.nts) papers, letters or other tnatcrjals in its possession or under its control subject to the provi sions of C"'haptcr 119., Florida Statute-s~ and rnade or received by the 5 ('ount)/' and the City in conjunction \vith this t'\.green1cnt; and either paliy shall have the rj ght to uni laterally cancel this !\grcen1cnt upon violation of this provision. 17. Privileges antI Ilnmunitics.. I\ll of the privileges and inllnuni.ties t1.0111 liability, cxen1ptions fronl la\vs, ordinances, and rules and pensions and relief, disability~ \vorkcrs~ conlpel1sation, and other benefits \vhich apply to the activity of officers, agents~ or elnployees of any public agents or cn1ployees of the (:ounty or the City, when pcrfonning their respective functions under this :\greerrlent vvithin their respective territorial lilnits shall apply to the sanle degree and extent to the perfornlance of such functions and duties of such officers, agents, volunteers, or employees outside their respective territoriallim.its. 18. Lceal Oblie:ations and ll.esl1onsibi.lities: Non-Delegation of COl1stitutiollal or Statutory Duties. TI1is Agreclnent is not intended to, nor shall i.t be construed as, relieving any participating entity fr0111 any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in \vhich case the performance n1ay be offered in satisfaction of the obligation or responsibility. FUl1her, this Agreenlent is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County or the City, except to the extent permitted by the Florida constitution, state statute, and case law.. 19. No Personal Liabilitv. No covenant or agrcenlent contained herein shan be deen1ed to be a covenant or agreeJllent of any nleJnber, officer, agent or enlpJoyce of the County or the City in his or her individual capacity, and no member, officer~ agent or cnlploycc of the COlll1ty or the City shall be liable personally on this ,,~grccment or be subject to any personal 1 iabil ity or accountabiJ ity by reason 0 f the execution of this .Agreenlent. 20. f:xccution ill Counte..flarts. rrhis Agreenlent may be executed in any number of counterparts, each of \vhich shall be regarded as an original~ all of \vhich taken together shall constitute one and the saIne instrument and any of the parties hereto n1ay execute this J\greclllcnt by singing any such c.ounterpart. G 21. Section Ileadi.lgs. Section hj~(HJings have been inserted in this !\grccDlcnt as a !Tlattef of convenience of' reference unly, and it is agreed that StIch section headings are not a parl or this .;'\greenlent and \viIJ not be used in the interpretation of any provision of this /\grccn1cnt. 22. IVlutual I{cvic\v. 'This agrcen1c11t has been carefully rcvic\ved by the (~ounty and the (~ity, thercJ(}rc this agrccIllcnt is not to be construed against either party on the basis ()f aut horship. 23. Effectiyc Date. 'Ihis i\grcenlent shan take effect upon filing a fully executed copy \vith the rvtonroe. County Clerk of the Court The remainder of this pag~ has been intentionally left blank. 7 IN '\fITNF~SS \\'l-IEIU~OF, the parties hereto have executed this ./\greenlcnt for tllC purpose herein expressed as of the da.te and year first \vriUen above. -- ... ". -- ...: ~ ;#,,4'r.' ~...... ~~'.. ~.. ,. ''$J~., ;'1;~;\~{:,\<~< ',. -At'h:;ST:DANNY L. KOLHAGE, Clerk C:[oJEI<K OF ]"'lIE ~OlJI{rr BU_ D.L. crry or~ K.EY WES1~~ FI.~OR.II)i\ - ~ . ~~-----_.__._- c~~~;- f\.l)p'Ro\rl~D AS T'O l~\()I<J\. . --L- .- (City l\JtoI11ey) MONROE COUN~r)T i\PIJRO'Vl:D 1\8 '1"0 FOI{.J\1: . . . ---q~.._-~P COll ty A.ttomcv) -- "" . - ~?~ ~ ,.'.. N co (.--. '" : ~":... ...._~ ;:-) ~ :-:.. :-i l> '; CJ r'. f'T1 .." :x ca o 0\ '"""Tl r- f11 o ." o :::0 :::0 ,." n o ;0 o 8 RESOLUTION NO. 10-130 A RESOLUTI:ON OF THE CI:TY COMMI:SSION OF THE CITY OF KEY WEST, FLORIDA, AUTHORI:ZING THE ATTACHED INTERLOCAL AGREEMENT BETWEEN THE CITY OF KEY WEST AND MONROE COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2008 DISASTER RECOVERY INITIATIVE; PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, AS FOLLOWS: Section 1: That the attached Interlocal Agreement between Monroe County and the City Of Key West regarding CDBG 2008 Disaster Recovery Initiative funding is approved. Section 2: That this Resolution shall go into effect immediately upon its passage and adoption and authentic~tion 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 6th day of April , 2010. Authenticated by the presiding officer and Clerk of the Commission on April 7 , 2010. Filed with the Clerk April 7 , 2010. C~~t<YOR ~~ 1\;1"ONROE COUNTY flOUSING I\Ul-'I-IORI/fY 1400 I<I~NNI~I) \:' 1)IZl\7L~ · I(r.~:{ \X!E~SI', FI-J()l{ll)~-\ .)3040 · 305 29(),~S(;21 Board of COJnnlissioners lIarry Bethel }.\aron (~i\stiIIo l\ilargaret (':;il !\iHon Lopez [)dvid Purdo J. \-fanucl C:asri]lo,. Sr. r~:-:.,:(:.;ti \'C Di r~ 'c I :)f January 29,2010 !vlr. Jin1 Scholl City~ 1v1anager City of Key \V'cst 525 Angela Street Key West, ,FI~ 33040 J{etercnce: State of Florida, DepartIncnt of COlnnlunity l\ffairs 2008 Disaster !{ecovery Initiative - Tropical StOll11 I~'aye Dear Mr. Scholl: On Decenlber ] 8~ 2009, Mr. J. Malluel Castillo, Sr., provided you with the attached letter and dOCUlTIClltatlon via en1aiL I"he applicatioll referenced ill the attached dOCUITlelltatioIl has beerl sublniucd to the Stah: of Florida Departme11t of Community Affairs for funding. III order for the residents and/or eligible applicants to rece.ive funding under this countywide progran1, the State of Florida requires the execution of an inter-local agreernent betVv'een the City of ~ey \Vest and Monroe COUllty.. i\ttached please find a proposed lnterlocal Agreerrlent prepared by the Monroe (~ounty Attorlley's Office. I f you or staff sh<.)uld have any questions regarding this dOClllnent, please feel free to contact !vIr. Pedro J\;lercado, /\ssistant (~ounty Attorney at 305-292-3470. If you or staff should have any questions regarding the prograll1 and/or the Interlocal Agreenlcnt prior to obtaining approval of tIle City Con11nission, please feel free t() contact me at 305-296- 5621 extension 247. 1lis incerel~:=> '''-', ~,_._- . "~ J () " n J!:..t:?J3ri en p~hject Manager Cc: J. l\-fan ue] (~asti 1!o~ Sr. INTER-LOCAL AGREEMENT BETWEEN CITY OF MARATHON AND MONROE COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2008 DISASTER RECOVERY INITIATIVE 'v d:- · THIS AGREEMENT is made and entered into this ~ day of ~ ' 2010 by and between the City of Marathon (hereafter "City") and Monroe County (hereafter "County"). WHEREAS, Chapter 163, Florida Statutes, permits governmental units to enter into inter-local agreements to make the most efficient use of their powers by enabling them to cooperate with one another on a basis of mutual advantage; and WHEREAS, both the City and the County are authorized by general law to provide for the health, safety, and welfare of citizens within their respective jurisdictions and now desire to make the most efficient use of their powers by entering into this Agreement to serve their mutual best interests and advantage; and WHEREAS, the County has applied for a 2008 Disaster Recovery Initiative Community Development Block Grant (CDBG) in the amount of $2,488,963 from the State of Florida, Department of Community Affairs (hereafter "DCA") to be used for "disaster relief: long term recovery and restoration of infrastructure, housing and economic revitalization in areas affected by hurricanes, flooding and other natural disaster that occurred during 2008; and WHEREAS, Monroe County intends to make the funds available county-wide; and WHEREAS, an inter-local agreement is required if a CDBG funded activity is outside the jurisdiction of the applying local government. 1 NOW THEREFORE, in consideration of the mutual covenants and obligations contained herein, the City and County hereby agree as follows: 1. Purpose. The purpose of this Inter-local Agreement is to coordinate the distribution of the 2008 CDBG Disaster Recovery Initiative (hereafter "CDBG-DRI") funds for the benefit of both parties and establish the jurisdiction within which the County is authorized to undertake disaster relief: long term recovery and restoration of infrastructure and housing and economic revitalization activities. The Application for 2008 CDBG-DRI Funding, including attachments and supplements, will provide funding to eligible applicants and properties countywide. 2. Administration. The County will administer the 2008 CDBG-DRI funds in conformance with all applicable HUD requirements, as administered by DCA, and as delineated more specifically in the Application and in the Grant Award Agreement between the County and DCA. The County's 2008 CDBG-DRI Award will be managed by the Monroe County Housing Authority (Housing Authority). The Housing Authority may seek an outside firm to perform Project Delivery Services. 3. Term/Termination. The term of this Agreement shall begin on the date of filing an executed copy with the Clerk of the Court, and shall expire as of the date the 2008 CDBG- DRI agreement is administratively closed-out by the County. 4. Jurisdiction. The County is authorized to disburse 2008 CDBG-DRI funds in accordance with 2008 CDBG-DRI Grant requirements within the geographic boundaries of the City of Marathon to eligible recipients for purposes of disaster relief, long term recovery and restoration of infrastructure and housing and economic revitalization activities. 5. Consistency With Comp Plan. By accepting 2008 CDBG-DRI funds the City affirms that all activities undertaken and funded with 2008 CDBG-DRI funds are consistent with the City's Comprehensive Plan. 2 6. Notices. In the event either party hereunder desires or is required to provide any notice to the other party, the party desiring or required to provide such notice shall provide it in writing, send it by certified mail, return receipt requested, postage prepaid, to the other party at the address listed below: If to City: Mr. Roger Hemstadt, City Manager City of Marathon 9805 Overseas Highway Marathon, FL 33050 If to County: Roman Gastesi, County Administrator Monroe County 1100 Simonton Street Key West, Florida 33040 7. Modification. No modification, amendment, or alteration in the terms or conditions herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 8. Execution. This Agreement shall be executed in duplicate and each shall be considered an original. 9. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the benefit of the parties to this Interlocal Agreement. No right or cause of action shall accrue upon or by reason hereof inure to or for the benefit of any third party. 10. Assi2Dment. This Agreement shall be binding on the parties, their representatives, successors and assigns. Neither party shall assign this Agreement or the rights or obligations hereof to any other person or entity without the prior written consent of the other party. 3 11. Indemnification. The City, as a state agency or subdivision defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortuous actions, which result in claims or suits against either County or City, and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortuous acts. The County, as a political sub-division of the State of Florida, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortuous acts, which result in claims or suits against either the City or County, and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortuous acts. Nothing contained in this Section shall be construed to be a waiver by either party of any protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar provision of law. Nothing contained herein shall be construed to be a consent by either party to be sued by third parties in any matter arising out of this or any other Agreement. 12. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of the Agreement, if the rights and obligations or the parties contained herein are not materially prejudiced and if the intentions of the parties continue to be effected. 13. Applicable Law/Disputes/Litie:ation. This Agreement and the provIsIons contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Any dispute involving litigation between County and City is subject to all provisions of Chapter 164, Florida Statutes. The parties agree that in the event of any litigation arising out of any alleged breach or non-performance of this Agreement, the venue for such litigation shall be in Monroe County, Florida. 14. Attornev's Fees and Costs. The County and the City agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the 4 enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 15. Nondiscrimination. The County and the City agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC SSe 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91- 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, SSe 523 and 527 (42 USC SSe 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 16. Public Access. The County and the City shall allow and permit reasonable access to, and inspection ot: 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 5 County and the City in conjunction with this Agreement; and either party shall have the right to unilaterally cancel this Agreement upon violation of this provision. 17. Privileees and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County or the City, when performing their respective functions under this Agreement within their respective territorial limits shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside their respective territorial limits. 18. Leeal Oblieations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County or the City, except to the extent permitted by the Florida constitution, state statute, and case law. 19. No Personal Liabilitv. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of the County or the City in his or her individual capacity, and no member, officer, agent or employee of the County or the 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. 20. 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 and any of the parties hereto may execute this Agreement by singing any such counterpart. 6 21. Section Headine:s. 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. 22. Mutual Review. This agreement has been carefully reviewed by the County and the City, therefore this agreement is not to be construed against either party on the basis of authorship. 23. Effective Date. This Agreement shall take effect upon filing a fully executed copy with the Monroe County Clerk of the Court. The remainder of this page has been intentionally left blank. 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement for the purpose herein expressed as of the date and year first written above. ATTEST: CITY CLERK - B~~clcwtt( o \0 Q: C 8 M w 2: c:: 0- Cr:: a LL o W -l ,lL. W <..:J .. -. <{ t-: ""_::: :c (...) ;' t ~ :' .. i..-) .:.:...:. ~. ~::: c., ..... Q:) ~ a::: Q... ex: c::::> ........ . . c::::. .~.'. ~d~ C:j.. c.) C) ....-.- eR,_ ATTEST: DANNY L. KOLHAGE, Clerk CLE By: ( 1. J).<... CITY OF MARATHON MONROE COUNTY ~~ Sylvia urph~ Mayor 8 @~(Q)LIDW Sponsored by: Hemstadt CITY OF MARATHON, FLORIDA RESOLUTION 2010-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA APPROVING AN INTERLOCAL AGREEMENT WITH MONROE COUNTY TO PARTICIPATE IN THE 2008 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY INITIATIVE PROGRAM; AUTHORIZING THE MAYOR TO EXECUTE .THE AGREEMENT ON BEHALF OF THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department Community Affairs ("DCA") awarded Monroe County $2,488,963 for the 2008 CDBG Disaster Recovery Initiative Program; and WHEREAS, Monroe County is the designated agency:for distribution of the disaster recovery funds throughout the County; and WHEREAS, in order to be eligible to receive a portion of the disaster recovery funds the City must enter into an interlocal agreement with Monroe County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, THAT: Section 1. The above recitals are true and correct and incorporated herein. Section 2. The Interlocal Agreement between Monroe County and the City for the 2008 CD BG Disaster Recovery Initiative Program attached hereto as Exhibit "A," together with such non- material changes as may be acceptable to the City Manger and approved as to form and legality by the City Attorney, is hereby approved. The Mayor is authorized to execute the Interlocal Agreement on behalf of the City. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, THIS 23RD DAY OF FEBRUARY 2010. THE CIT OF MARATHON, FLORIDA A YES: NOES: ABSENT: ABSTAIN: Cinque, Keating, Ramsay, Worthington, Snead None None None ATTEST: J)]m Cltwtdr Diane Clavier, City Clerk (City Seal) APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANC OF HE CITY OF MARATHON, FLORIDA ONLY: INTER-LOCAL AGREEMENT BETWEEN CITY OF KEY COLONY BEACH AND MONROE COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2008 DISASTER REC.OVERY INITIATIVE THIS AGREEMENT is made and entered into this ~/~y of ~ ' 2010 by and between the City of Key Colony Beach (hereafter "City") and Monroe County (hereafter "County"). WHEREAS, Chapter 163, Florida Statutes, permits governmental units to enter into inter-local agreements to make the most efficient use of their powers by enabling them to cooperate with one another on a basis of mutual advantage; and WHEREAS, both the City and the County are authorized by general law to provide for the health, safety, and welfare of citizens within their respective jurisdictions and now desire to make the most efficient use of their powers by entering into this Agreement to serve their mutual best interests and advantage; and WHEREAS, the County has applied for a 2008 Disaster Recovery Initiative Community Development Block Grant (CDBG) in the amount of $2,488,963 from the State of Florida, Department of Community Affairs (hereafter "DCA") to be used for "disaster relief, long term recovery and restoration of infrastructure, housing and economic revitalization in areas affected by hurricanes, flooding and other natural disaster that occurred during 2008; and WHEREAS, Monroe County intends to make the funds available county-wide; and WHEREAS, an inter-local agreement is required if a CDBG funded activity is outside the jurisdiction of the applying local government. NOW THEREFORE, in consideration of the mutual covenants and obligations contained herein, the City and County hereby agree as follows: 1. Purpose. The purpose of this Inter-local Agreement is to coordinate the distribution of the 2008 CDBG Disaster Recovery Initiative (hereafter "CDBG-DRI") funds for the benefit of both parties and establish the jurisdiction within which the County is authorized to undertake disaster relief, long term recovery and restoration of infrastructure and housing and economic revitalization activities. The Application for 2008 CDBG-DRI Funding, including attachments and supplements, will. provide funding to eligible applicants and properties countywide. 2. Administration. The County will administer the 2008 CDBG-DRI funds in conformance with all applicable HUn requirements, as administered by DCA, and as delineated more specifically in the Application and in the Grant Award Agreement between the County and DCA. The County's 2008 CDBG-DRI Award will be managed by the Monroe County Housing Authority (Housing Authority). The Housing Authority may seek an outside firm to perform Project Deliver)' Ser\Tices. 3. Term/Termination. The term of this Agreement shall begin on the date of filing an executed copy with the Clerk of the Court, and shall expire as of the date the 2008 CDBG- DRI agreement is administratively closed-olltby the County. 4. Jurisdiction. The County is authorized to disburse 2008 CDBG-DRI funds in accordance with 2008 CDBG-DRI Grant requirements within the geographic boundaries of the City of Key Colony Beach to eligible recipients for purposes of disaster relief, long term recovery and restoration of infrastructure and housing and economic revitalization activities. 5. Consistency With Como Plan. By accepting 2008 CDBG-DRI funds the City affirms that all activities undertaken and funded with 2008 CDBG-DRI funds are consistent with the City's Comprehensive Plan. 2 6. Notices. In the event either party hereunder desires or is required to provide any notice to the other party, the party desiring or required to provide such notice shall provide it in writing, send it by certified mail, return receipt requested, postage prepaid, to, the other party at the address listed below: If to City: City Administrator City of Key Colony Beach P.O. Box 510141 Key Colony Beach, FI~ 33051-0141 If to County: Roman Gastesi, C'ounty Administrator Monroe County 1100 Simonton Street Key West, Florida 33040 7. Modification. No modification, amendment, or alteration in the terms or conditions herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 8. Execution. This Agreement shall be executed in duplicate and each shall be considered an original. 9. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the benefit of the parties to this lnterlocal Agreement. No right or cause of action shall accrue upon or by reason hereof inure to or for the b,enefit of any third party. 10. Assienment. This Agreement shall be binding on the parties, their representatives, successors and assigns. Neither party shall assign this Agreement or the rights or obligations hereof to any other person or entity without the prior written consent of the other party. 3 11. Indemnification. The City, as a state agency or subdivision defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortuous actions, which result in claims or suits against either County or City, and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortuous acts. The County, as a political sub-division of the State of Florida, as defined in Section 768.28, Florida Statutes, agrees to .be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortuous acts, which result in claims or suits against either the City or County, and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortuous acts. Nothing contained in this Section shall be construed to be a waiver by either party of any protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar provision of law. Nothing contained herein sllall be construed to be a consent by either party to be sued by third parties in any matter arising out of this or any other Agreement. 12. Severabilitv. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of the Agreement, if the rights and obligations or the parties contained herein are not materially prejudiced and if the intentions of the parties continue to be effected. 13. Applicable LawlDisputes/Litie:ation. This Agreement and the prOVISIons contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Any dispute involving litigation between County and City is subject to all provisions of Chapter 164, Florida Statutes. The parties agree that in the event of any litigation arising out of any alleged breach or non-performance of this Agreenlent, the venue for such litigation shall be in Monroe County, Florida. 14. Attornev's Fees and Costs. The County and the City agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the 4 '~ enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative,. and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 15. Nondiscrimination. The County and the City agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to norldiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 use ss.1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 use s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 use SSe 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The. Comprehensive Alcohol Abuse and Alcoholism Prevention, rrreatment and Rehabilitation Act of 1970 (PL 91- 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, SSw 523 and 527 (42 use ssw 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 use s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 use s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 16. Public Access. The County and the 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 subj ect to the provisions of Chapter 119, Florida Statutes, and made or received by the 5 County and the City in conjunction with this Agreement; and either party shall have the right to unilaterally cancel this Agreement upon violation of this provision. 17. Privilee:es and Immunities. All of the privileges and immunities fron1 liability, exemptions from laws, ordinances,. and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County or the City, when performing their respective functions under this Agreement within their respective territorial limits shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside their respective territorial limits. 18. Lee:al Obli2ations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County or the City, except to the extent permitted by the Florida constitution, state statute, and case law. 19. No Personal Liabilitv. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of the County or the City in his or her individual capacity, and no member, officer, agent or employee of the County or the City shall be liable personally on this Agreement or be subj ect to any personal liability or accountability by reason of the execution of this Agreement. 20. 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 and any of the parties hereto may execute this Agreement by singing any such counterpart. 6 21. Section Headio2s. 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. 22. Mutual Review. This agreement has been carefully reviewed by the County and the City, therefore this agreement is not to be construed against either party on the basis of authorship. 23. Effective Date. This Agreement shall take effect upon filing a fully executed copy with the Monroe County Clerk of the Court. The remainder of this page has been intentionally left blank. 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement for the purpose herein expressed as of the date and year first written above. CITY OF KEY COLONY BEACH ATTEST: CITY CLERK ~#~ Ron urton, ayor By~J~ < flIf;A- APPROVED AS TO FORM: o \D Q: C 8 M l.U 2: Ct: a... ec:: CX) ~ N a:: o a.. ~- "=:>'~ ~:'.;'-;~ ...: "':i LJ~ I o L._ :=:C ~ >--~: _C (._) ~ .- ~! . ~ ~~o~~ (City Attorney) . )- Lr.J ;~) .:,..~dg~ :'<l. C' "~~ :i MONROE COUNTY 4.i. Sylvia urph, Mayor . .-- -- f#'~~'V'~~'-- .... . ...I?,' ArTESr.r: DAN.. NY L. KOLHAGE, C18r~ ',. " .' ~, '~.." .re '':.t)_.e\;~'~IiERK'OFTHE COURT .~ By(f, 40 D.~ APP~ED AS TO FORM: .~ ~ 1f1u~tr~ (County . orney) . I I / ? lU /6 8 INTER-LOCAL ~~G.REEMENT BE1"WEEN ISLAMORADA) VILLAGES OF ISL~.\.NDS AND MONROE COIJNTY ~~OR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2008 DISASTER RECOVERY INITIATIVE TIDS AGREEMENT is made and entered into thisJ/~y of ~ ' 2010 by and bet\veen lSLAMORAD"t\, VILLAGES OF ISLANDS (hereafter "ViIlage~') and Monroe County (hereafter "County"). WHEREAS, Chapter 163, Florida Statutes, permits governmental units to enter into inter-local agreements to make tIle most efficient use of their powers by enabling them to cooperate \vith one another on a basis of mutual advantage; and WHOEREAS, both the Village and the County are authorized by. general law to provide for the health, safet)l, and welfare of citizens within their respective jurisdictions and now desire to make the nlost efficient use of their po\vers by entering into this Agreement to serve their mutual best interests and advantage; and WHEREL\S, the County has applied for a 2008 Disaster Recovery Initiative Con1ITlunity Development Block Grant (CDBG) in the amount of $2,488,963 frool the State of Florida, Department of Community Affairs (hereafter "DCA") to be used for ~'disaster relief, long term recovery and restoration of infrastructure, housing and econornic revitalization in areas affected by hurricanes, flooding and other natural disaster that occurred during 2008; and \VIIE"RE...t\.S, Iv1onroe County intends to lnake t.he funds available cOllnty-\\1de; and 'VHERJi~..t\.S, an inter-local agreement is required if a CDBG funded activity is outside tIle jurisdiction ofrhe applying locaJ government. NO'V TI-IEREFORE, in consideration of the mutual covenants and obligations contained herein, the Village and County hereby agree as follo\vs: 1 ~ Purpose.. The purpose of this Inter-local .tt\greenlent is to coordinate the distribution of ihe 2008 CD"BG Disast.er Recovery Initiative (hereafter ~'CDB(}-DRI~') funds for the benefit of both parties and establish the jurisdictioll vvithin vvhich the (~olmty is authorized to undertake disaster reliet~ long tern1 recovery and restoration of infrastructure and housing and econon1ic revitalization activities. l'he Application for 2008 C:DBG-DRJ Funding, including attachnlents and supplements, will provide funding to eligible applicants and properties county\vide. 2. Administration. The County will administer the 2008 CDBG-DRI funds in conformance \vith all applicable HUD requirements, as administered by DCA!, and as delineated more specifically in the Application and in the Grant Award Agreement between the County and DCA. T'he County's 2008 CDBG-DRI Award ~ill be managed by the Monroe County HOllsing Authority (Housing Authority)~ The Housing Authority may seek an outside firm to perform Project Delivery Services. 3. Termffermination. Tile term of this Agreelnent shall begin on the date of filing an executed copy \-vith the Clerk of the Court, and shall expire as of the date the 2008 CDBG- DRI agreement is administratively closed-out by the County. 4. ,Jurisdiction. The County is autllorized to disburse 2008 CDBG-DRI funds in accordance \-vith 2008 CDBG-DRI Grant requirements \vithin the geographic boundaries of IsIamorad~, Village of Island", to eligible recipients for purposes of disaster relief, long term recovery and restoration of infrastructure and housing and economic revitalization activities. 5. Consistencv With Cornu Plan. By accepting 2008 CDBG"-DRI funds the Village affirms that all activities undertakel1 and funded \vith 2008 CDBG-DRI funds are consistent ,^!ith the \TilIage' s Comprehensive Plan. 2 6. Notices._ In the event either party hereunder desires or is required to provide any notice to the other party~ the party desiring or required to provide suc.h notice shall provide it in writ.ing, send it by certified n1ail~ return receipt requested, postage prepaid, to the other party at the address listed beJo\v: If to Village: Mr. "Kenneth Fields~ Village J\1anager Islamorada;. Village of Islands 86800 Overseas rligh\vay Islanlorada, Florida 33036 If to County: Roman Gastesi, County Administrator lvtonroe (~unty 1 100 Simonton Street Key West) Florida 33040 7. Modification. No modification, amend1nent~ or alteration in the terms or conditions herein shall be effective unless contained in a written document executed \.vith the ScJl1e formality a~d 0 f equal dignity herewith. 8. Execution. Tllis Agreement shall be exec'uted In duplicate and each shall be considered an original. 9. Disclaimer of Third Pam Beneficiaries. l11is Agreement is solely for the benefit of the parties to this Interlocal Agreement. No right or cause of action shall accrue upon or by reason hereof inure to or for the benefit of any third party. 10. l\.ssignmen t. This .&A.greement shall be binding on the parties, tlleir rel)resentatives~ successors and assigns. Neither party shall assign this 4Agreement or the rights or obligations hereof to any other person or entity \vithout the prior \\rritten consent of the other party. "') -' II. Indenlnification. r.he Village, as a state agency or subdivision defined in Section 768.28~Florida Statutes~ agrees to be fully responsible to the limits set forth ill such statute for its own negligent acts or on1issions, or intel1tional tortuous actions~ \vl1ich result in clain1s or suits against either County or Village, and agrees to be liable 10 the statutory lin1its for any damages proxin1ately caused by said acts or omissions, or intentional tortuous acts. 'rhe Cou.nty ~ as a political sub-division of t.he State of Florida, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set f()rth in such statute for its own negligent acts or omissions, or intentional tortuous acts, which result in claitns or suits against e.ither the Village or County, and agrees to be liable 10 the statutory limits for any damages proximately. caused by said acts or omissioI1S, or intentional tortuous acts. Nothing contained in this Section shall be construed to be a waiver b}T either party of any protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar provision of law. Nothing contained herein shall be construed to be a COllsent by either party to b7 sued by third parties in any matter arising out of this or any other Agreement.. 12. Severabilitv. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of the Agreernent, if the rights and obligations or the parties contained herein are not materially prejudic.ed and if tlle intentions of tIie part.ies continue to be effected. 13. i\ppJicable LawlDisputeslLitif!ation. This Agreement and the prOVISions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. ~A.ny dispute involving litigation bet\veen County and Village is subjeci to all provisions of Chapter 164, Florida Statutes. The parties agree that in the event of any litigation arising out of any alleged breach or non-performance of this Agreement, the venue for such litigation shall be in Monroe County, Florida. 14. i\ttornev's Fees and Costs. The County and the Village agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to 4 the enforcement or interpretation of this Agreelnent, the prevailing party shall be entitled to reasonable attorney~s fees, court costs~ investigative., and out-of-pocket expenses~ as an av~'ard against the non-prevailing party, and shall include attorney's fees~ courts costs, investigative, and out-of.-pocket expenses in appellate proceedings. 1\1ediation proceedings initia.ted and conducted pursuant to this l\greement shall be ill accordance with the Florida Rules of Civil Procedure and usual and custon1ary procedures required by the circuit court of Momoe County. 15. Nondiscrimination. ]'he County and the Village agree to c0111ply \vith all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights l\ct of 1964 (IjL 88-352) \.vhich prohibits discrimination on the basis of race, color or national origin; 2) '-ritle IX of the Education Amendnlent of 1972, as anlended (20 tJSC ss.1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 c1f the Rehabilitation Act of 1973, as amended (20 use s. 794), which prohibits discrimination on the basis of h.andicaps; 4) 1'he Age Discrimination. Act of 1975, as amended (42 use SS~ 6101-6107) which prohibits discrimination on the basis of age; 5) rrhe Drug ...Abuse Office and 1'reatlnent Act of 1972 (PL 92-255), as am.ended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended~ relating to nondiscril11ination on the basis of alcohol abuse or alcoholism; 7) The Public I-Iealth Service Act of 1912, ss. 523 and 527 (42 use ss. 690dd-3 and 290ee-3), as ame.nded, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 use s. et seq.), as anlended, relating to nondiscrimination in the sale, re.ntal or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 use s. 1201 'Note), as maybe an'}ended frorn tin1e to tiIne, relating to nondiscrimination OIl the basis of (lisability; 10) Any other nondiscrimination provisions in any Federal or state statutes wl1ich may apply to the part.ies to, or the subject mat1er of, this Agreen1ent. 16. Public ...t\ccess.. The C:ounty and the ViIlage shall allow and pern1it reasonable access to~ and inspection of, all documents~ papers:- letters or other Inaterials in its possession or Ul1der its control subje.ct to the provisions of C.hapter 119, Florida Statutes, and made or received j b)l t.he County and the Village in conjunction with tlllS Agreement; and either party shall have the right to unilaterally cancel this i\greement upon violation of this provision. 17. Privile2es and lmmunities_ l\ll of the privileges and immunities from liability) exen1ptions from laws, ordinances, and rules and pe.nsions and relief, disability, \Norkers~ cOlllpensation, and other benefits \vhich apply to the activity of officers, agents~ or elnployees of any public agents or en1pJoyees of the County or the Village, \vhen performing their respective functions under this Agreement vvithin their respective territoriallimjts shall apply to the same degTee and extent to tbe performance of such functions and duties of such officers~ agents, volunteers, or employees outside their respective territorial limits. 18. IJe!!al ObJieations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor slUlll it be construed as, relieving any .participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity) in which case the performan.ce may be ofTered in satisfaction of the obligation or responsibility. Further, th~s i\.greenlent is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County or the Village~ except to the extent permitted by the Florida constitution, state statute, and case law. 19. No Personal Liabilitv. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of the County" or the Village in his or her individual capacity, and no member, officer, agent or employee of the County or the Village shall be liable personally on this Agreement or be s'ubject to any personal liability or accountability by reason of the execution of this l\greement. 20& Execution in Counterparts. This I'\greement may be executed in any number of counterparts) each of which sllall be regarded as an original, all of which taken together shall constitute one and the same instl1.Unent and a11Y of tIle parties hereto l11ay execute this l\greelnent by singing an:y such counterpart.. 6 21. Section Headings. Section headings have been inserted in this l\green1ent as a matter of convenience of reference only, and it is agreed that such section 11eadings are not a part of tl1is i\greC111ent and \viIl not be used in the interpretation of any provision of this ~A.greement. 22. Mutual Review. '[his agreelnent has been carefully revie\ved by th.e County and the Village, therefore this agreement is not to be construed against either party on the basis of authorship. 23. Effecti\'e Date. This Agreement shall take effect upon filing a fully executed GOpy with the Monroe County Clerk of the Court The remainder of this page has been intentionally left blank. 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement for the purpose herein expressed as of the date and year first written above. ATTEST: VILLAGE CLERK By: ISLAMORADA, VILLAGE OF ISLANDS ~ Mic ael Reckw at, Mayor APPROVED AS TO FORM AND LEGALITY FOR THE USE AND BENEFIT OF ISLAMORADA, VILLAGE OF ISLANDS ONLY: ~~ (Village Attorney) >.<",~l~llST:;nANNY L. KOLHAGE, Clerk ,,~N'" '~~...~~:'~:CLERKf"OF THE COURT .' MONROE COUNTY: B~ DL. SYlvi:"~~h~~YOr o 0:: o (...) \.J.J c:: a:::: o lL- o W -1 LL- \D C M s: 0- eD N c::. ~ c::> -- c::;:;) ~ uJ ~:. ~ t; '::.~ I . ". ~,... - '....L t :).~ l.t,,,~ t~ ~?-= _! Ct: :.r.: U 2". 4 C) (:) ::: APPROVED AS TO FORM: RESOLUTION NO. 10-03-24 A RESOLUTION OF THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH MONROE COUNTY FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) DISASTER RECOVERY INITIATIVE; AUTHORIZING VILLAGE OFFICIALS TO IMPLEMENT THE TERMS AND CONDITIONS OF THE INTERLOCAL AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE THE INTERLOCAL AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Monroe County (the "County") has applied for a 2008 Disaster Recovery Initiative Community Development Block Grant (CDBG); and WHEREAS, an interlocal agreement between Islamorada, Village of Islands (the "Village") and the County is required in order for the funds to be available county-wide; and WHEREAS, the Village Council deems it in the best interest of the Village to make this funding available through the County to Village residents; NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. Section 2. Approval of Ae:reement. The Interlocal Agreement (the "Agreement") between Monroe County and the Village to provide for the Community Development Block Grant (CDBG) 2008 Disaster Recovery Initiative, a copy of which is attached as Exhibit "A," together with such non-material changes as may be acceptable to the Village Manager and approved as to form and legality by the Village Attorney, is approved. CERTIFIED COpy OF ORIGINAL Section 3. Authorization of Villa2e Officials. The Village Manager and/or his designee and the Village Attorney are authorized to take all actions necessary to implement the terms and conditions of the Agreement. Section 4. Execution of A2reement. The Mayor is authorized to execute the Agreement on behalf of the Village, to execute any required documents to implement the terms and conditions of the Agreement and to execute any extensions and/or amendments to the Agreement, subject to the approval as to form and legality by the Village Attorney. Section 5. Effective Date. This Resolution shall become effective immediately upon its adoption. . PASSED AND ADOPTED this 25th day of March, 2010 Motion to adopt by Vice Mayor Achenberg; seconded by Councilman Purdo. FINAL VOTE AT ADOPTION Mayor Michael Reckwerdt Vice Mayor Don Achenberg Councilman Bob Johnson Councilman Ken Philipson Councilman Dave Purdo YES YES YES YES YES [THIS SPACE LEFT INTENTIONALLY BLANK] ATTEST: !~att~RK ,/W~4 ~ICHAEL RECKWERDT, MAY' . R APPROVED AS TO FORM AND LEGALITY FOR THE USE AND BENEFIT OF ISLAMORADA, VILLAGE OF ISLANDS ONLY: - ~ VILLAGE ATTORNEY Weiss, Serota, Helfinan, Pastoriza, Cole & Boniske, P.L.