04/21/2010 Agreement
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.
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Mayor Sylvia Murphy
Mayor Pro Tern Heather Carruthers
Commissioner Mario DiGennaro
Commissioner Kim Wigington
Commissioner George Neugent
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BOARD OF COUNTY COMMISSIONER OF
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Mayo ylvia urphy
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Approved as to legal sufficiency:
Date:
INTER-LOCAL AGREEMENT
BETWEEN
CITY OF MARATHON
AND
MONROE COUNTY
FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
2008 DISASTER RECOVERY INITIATIVE
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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ATTEST: DANNY L. KOLHAGE, Clerk
CLE
By: ( 1. J).<...
CITY OF MARATHON
MONROE COUNTY
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Sylvia urph~ Mayor
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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: