02/15/2012 Agreement DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: February 23, 2012
TO: Judith S. Clarke, P.E.
Director
ATTN: Tina LoSacco
FROM: Pamela G. Hanco' C.
At the February 15, 2012, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of the following:
✓Item C24 Interlocal Agreement between Monroe County and the City of Key Colony
Beach (KCB) to extend Monroe County's contracted Hurricane Debris Cleanup Services to KCB,
as needed. Costs not reimbursed by Federal Emergency Management Agency (FEMA) or State
of Florida Department of Emergency Management (DEM) will be paid by KCB. Enclosed is a
duplicate original.
Item C26 Contract between Monroe County and Kisinger Campo & Associates
Corporation for engineering design and permitting services for the No Name Key Bridge Repair
Project. Enclosed is a duplicate original.
Item C25 The fourth amendment to Traffic Signal and Street Light Maintenance
Agreement between Monroe County and Keys Energy Services, Inc. to clarify the effective date
for compensation of Keys Energy Services is being returned to you - please provide current
insurance so that this document can be executed.
Should you have any questions, please do not hesitate to contact our office
Cc: County Attorney
Finance
File/
F
INTERLOCAL AGREEMENT J
nN THIS INTERLOCAL AGREEMENT is entered into as of this 15 day of
between Monroe County, a political subdivision of the State of Florida
(hereinafter, the COUNTY) and the City of Key Colony Beach, a municipal corporation
organized and existing under the laws of the State of Florida (hereinafter, the CITY).
WITNES SETH:
WHEREAS, Key Colony Beach is a municipality within the limits of the Monroe
County; and
WHEREAS, Monroe County has executed contracts for hurricane debris collection with
disaster services contractors; and
WHEREAS, Monroe County has provided debris collection services to Key Colony
Beach in prior years when it has been necessary to mobilize its contractor; and
WHEREAS, both the County and the City of Key Colony Beach want to formalize this
arrangement in the event that assistance is required in future years;
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, the parties agree as follows:
1. In the event of a Federal Emergency Management Agency (FEMA) declared storm for which
Monroe County activates its disaster services contractor and monitoring contractor, Key Colony
Beach may request to have the County's contractor collect debris from public rights of way
within the City of Key Colony Beach;
2. Monroe County's contractors will document the volume of debris that is collected from Key
Colony Beach; Monroe County will provide an invoice that documents quantities of debris
collected in Key Colony Beach and labor hours for monitoring services;
3. Key Colony Beach agrees to pay Monroe County the percentage of debris and monitoring
costs that are not reimbursed by FEMA and/or the State of Florida based on the rates in Monroe
County's contracts;
4. Key Colony Beach agrees to adhere to all federal and state requirements with regards to debris
collection, as well as Monroe County instructions including but not limited to the types of debris
that will be collected, dates of collection and number of passes.
5. This Agreement shall become effective immediately upon execution.
6. In the event of any failure of compliance by either party hereto with any of its material
obligations to the other party as provided for herein such action shall constitute a default under
this Agreement.
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7. Upon any such default, the non - defaulting party shall provide to the defaulting party a written
Notice of such default, which Notice (a "Default Notice ") shall state in reasonable detail the
actions the defaulting party must take to cure the same. The defaulting party shall cure any such
default, within 30 days following the date of the Default Notice.
8. Notwithstanding the provisions of this Section, if any such default by the defaulting party
remains uncured at the conclusion of any specified 30 day cure period, and if the nature of the
defaulting party's obligations are such that more than 30 days is required to effect cure, then the
defaulting party shall not be in default hereunder and the non - defaulting parry shall not have the
right to exercise its termination rights granted herein as a result of any such default, if the
defaulting party commences cure within the applicable cure period and thereafter diligently
pursues cure to completion of performance.
9. In the event the defaulting party fails to affect any required cure as provided for herein, the
defaulting party shall be deemed to be in uncured default hereunder, and the non - defaulting party
shall have the right, but shall not be obligated, upon written Notice to the defaulting party, to
terminate this Agreement.
10. If such Notice is given, this Agreement shall terminate on the date set forth in the Notice and
the parties shall be relieved of all rights and obligations hereunder, except for any rights and
obligations that expressly survive termination.
11. To the extent permitted by law and subject to the provisions and monetary limitations of
Section 768.28, Florida Statutes, the COUNTY does hereby agree to defend, indemnify and hold
the CITY, its officers, agents, or employees, harmless from and against any and all liability,
damages, costs or expenses (including reasonable attorneys' fees, costs, and expenses at both the
trial and appellate levels) arising from the acts or omissions of the COUNTY or any third party
vendor contracted by the COUNTY in connection with this Agreement.
12. Notices.
All notices, requests, demands, elections, consents, approvals and other
communications hereunder must be in writing and addressed as follows, or to any other
address which either party may designate to the other party by mail:
If to County Roman Gastesi, Jr.
County Administrator
Monroe County
Historic Gato Building
1100 Simonton Street
Key West, Florida 33040
With a copy to: Suzanne Hutton, Esq.
Monroe County Attorney's Office
P.O. Box 1026
Key West, Florida 33041 -1026
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If to Ci Ronald A. Sutton, Mayor
City of Key Colony Beach
P.O. Box 510141
Key Colony Beach, Florida 33051
With a copy to : Thomas D. Wright
City Attorney
9711 Overseas Highway
Marathon, Florida 33050
Any Notice required by this Agreement to be given or made within a specified period of
time, or on or before a date certain, shall be deemed to have been duly given if sent by
certified mail, return receipt requested, postage and fees prepaid; hand delivered; or sent by
overnight delivery service.
13. Attorneys Fees and Waiver of Jury Trial.
In the event of any litigation arising out of this Agreement, the prevailing party shall
be entitled to recover its attorneys' fees and costs, including the fees and expenses of
any paralegals, law clerks and legal assistants, and including fees and expenses
charged for representation at both the trial and appellate levels.
In the event of any litigation arising out of this Agreement, each party hereby
knowingly, irrevocably, voluntarily and intentionally waives its right to trial by jury.
14. Governing Law.
This Agreement shall be construed in accordance with and governed by the laws of
the State of Florida. Exclusive venue for any litigation arising out of this Agreement
shall be in Monroe County, Florida, Middle Keys Division of the Circuit Court or
the Southern District of Florida. This Agreement is not subject to arbitration.
15. Entire Agreement/Modification /Amendment.
This writing contains the entire Agreement of the parties and supersedes any prior
oral or written representations. No representations were made or relied upon by
either party, other than those that are expressly set forth herein.
No agent, employee, or other representative of either party is empowered to modify
or amend the terms of this Agreement, unless executed with the same formality as
this document.
16. Nonassignability.
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This Agreement shall not be assignable by either party unless such assignment is
first approved by both parties.
17. Severability.
If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and
each remaining term and provision of this Agreement shall be valid and be
enforceable to the fullest extent permitted by law.
18. Independent Contractor.
The COUNTY and its employees, volunteers, agents, vendors and subcontractors
shall be and remain independent contractor and not agents or employees of the
CITY with respect to all of the acts and services performed by and under the
terms of this Agreement. This Agreement shall not in any way be construed to
create a partnership, association or any other kind of joint undertaking, enterprise
or venture between the parties.
19. Waiver.
The failure of either party to this Agreement to object to or to take affirmative
action with respect to any conduct of the other which is in violation of the terms
of this Agreement shall not be construed as a waiver of the violation or breach, or
of any future violation, breach or wrongful conduct.
29. Survival of Provisions.
Any terms or conditions of either this Agreement that require acts beyond the date
of the term of the Agreement, shall survive termination of the Agreement, shall
remain in full force and effect unless and until the terms or conditions are
completed and shall be fully enforceable by either party.
21. Counterparts.
This Agreement may be executed in several counterparts, each of which shall be
deemed an original and such counterparts shall constitute one and the same
instrument.
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•
IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and
year first written above.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
Mayor/Chairperson
THE CITY
FLORIDA
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NA. LINIOERT-BAFi"C? 'S
BY: 4L
ATTORNEY'S OFFICE
OF KEY COLONY BEACH,
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ATTEST:
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City Clerk
(City Seal)
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APPROVED AS TO FORM AND LEGALALITY FOR THE USE
AND RELIANCE OF THE CITY O KEY COLONY BEACH, FLORIDA ONLY:
CD
BY:
City Attorney k o CD
DANNY L. KOLHAGE, CLERK
BY:
6eputy Clerk
KCB Debris Collection ILA
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