Item I1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Jpgw l 9_ _, 2012 _
Bulk Item: Yes X No
Division: growth Management
Department: Planni Lag & Env. Resources
Staff Contact: Richard Jones1289-2805
AGENDA ITEM WORDING:
Approval of an Inter -Local Agreement (ILA) between Monroe County and the City of Marathon (City)
reimbursing the City in the amount of $49,859.81 from Boating Improvement Funds for costs
previously incurred for mooring parts needed to replace moorings during FY2012.
ITEM BACKGROUND: The Marine Resources Office routinely provides funding assistance to the
various municipalities for boating related projects utilizing Boating Improvement Funds. The City is
requesting funding assistance in the form of reimbursement for mooring parts used to replace
moorings. The improvements have already been made and are eligible expenditures of Boating
Improvement Funds as described under Florida Statute Chapter 328.72. The Board approved
reimbursement of up to $50,000 for the mooring repairs at its July 20, 2011 BOCC meeting. The
Board discussed the item again at its December 14, 2011 meeting and directed staff to bring an ILA
back to the BOCC in January, and stipulated that it would be the City's only reimbursement for FY' 12.
PREVIOUS RELEVANT BOCC ACTION:
August 2008- ILA with the City reimbursing the City for boating related expenditures, including vessel
wastewater haul -out costs and disposal of a boat and trailer in the amount of $ l 7,243.3 0.
September 2009- ILA with the City reimbursing the City for boating related expenditures, including
construction of a boarding dock and installation of rip rap at the Quay Boat Ramp in the amount of $22,400.00.
November 2009- ILA with the City reimbursing the City for boating related expenditures, including mooring
inspections and maintenance in the amount of $29,832.
December 2010- ILA with the City reimbursing the City for boating related expenditures, including mooring
inspections, maintenance, and required water quality testing in the amount of $3 7,442 .
July 2011- Approval to provide reimbursement of up to$50,000 from BIF for mooring repairs.
December 2011- The Board again discussed the request for up to $50,000 in reimbursement for mooring repairs
and directed staff to draft an ILA for approval at the January 2012 BOCC meeting.
CONTRACT/AGREEMENT CHANGES:
NIA
STAFF RECOMMENDATIONS: Approve
TOTAL COST: $49,859.81 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: n1a
COST TO COUNTY: $49,859.81
REVENUE PRODUCING: Yes No X
SOURCE OF FUNDS: BIF 157-62520-530340
AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing X Risk Management X
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: City of Marathon
Contract #
Effective Date: 1/19/2012
Expiration Date: n/a
Contract Purpose/Description:
Approval of an Inter -Local Agreement ILA between Monroe County_and the CiV of
Marathon(City) reimbursing the CjV
in the amount of $49,859.81 from Boatin Im rovement
Funds for costs previousl incurred for mooriLag parts needed to replace moorin s during_
FY 2012.
Contract Manager: Richard Jones
2805 Growth Mana ement/11
(Name)
(Ext.) (Department/Stop #)
LfLo�rBOCC meeting on 1/19/2012
Agenda Deadline: 1/3/2012
CONTRACT COSTS
Total Dollar Value of Contract: $ 495859.81 Current Year Portion: $ 49,859.81
Budgeted? YesZ No ❑ Account Codes: 157-62520-530340- -
Grant: $-
County Match: $ - - - -
Estimated Ongoing Costs: $_
(Not included in dollar value above
ADDITIONAL COSTS
lyr For:
_(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIETV
Changes Date Out
Date In Needed Reviewer
Division Director Yes❑ No❑
Risk Manage ent OA'lYes❑ Nog
11'
O.M.B./Purc�fasing << Yes No[�
County Attorney Yes❑ No[T
Comments:
OMB Form Revised 2/27/01 MCP #2
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is entered into as of this day of
2012, between Monroe County, a political subdivision of the State of Florida COUNTY and
the City of Marathon, a municipal corporation organized and existing under the laws of the State
of Florida (CITY).
WITNESSETH:
WHEREAS, the COUNTY routinely uses Boating Improvement Funds for recreational
boating related projects within the various municipalities; and
WHEREAS, the CITY is requesting that the COUNTY provide reimbursement in the
amount of $49,859.81 from Boating Improvement Funds for the purchase of mooring parts
needed to replace moorings in the City mooring field; and
WHEREAS, the above expenditures are qualified expenditures from the Boating
Improvement Fund;
NOW THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed between the COUNTY and the CITY as follows:
Section 1. Payment. The COUNTY agrees to reimburse the CITY for previously
incurred costs as follows:
p
1.1 Payment in the amount of $49,859.81 for the purchase of mooring parts
needed to replace moorings in the City mooring field.
1.2 To receive payment, the CITY shall submit all requests for payment and
. p ym
applicable invoices to the Senior Administrator of the COUNTY's Marine
Resources Office. The invoices must describe the services performed,
together with proof that payment has been made to the CITY'S contractors .
All documentation shall be forwarded to the County Clerk for payment. Any
other documentation requested by the Clerk shall be provided.
1.3 By submitting a request for payment CITY represents that it has complied
with all of its purchasing requirements.
2.1 This Agreement shall become effective upon execution by both parties.
2.2 If such Notice of Termination as specified in Section 3 is given, this Agreement
shall terminate within five (5) days thereof.
Section 3. Termination and Default.
3.1 In the event of any failure of compliance by either party hereto with any of
its material obligations to the other party as provided for herein such action
shall constitute a default under this Agreement.
3.2 Upon any such default, the non -defaulting party shall provide to the
defaulting party a written Notice of such default, which Notice (Default
Notice) shall state in reasonable detail the actions the defaulting party must
take to cure the same.
3.3 The defaulting party shall cure any such default, within 30 days following the
date of the Default Notice.
3.4 Notwithstanding the provisions of this Section, if any such default by the
defaulting party remains uncured at the conclusion of any specified 30 day
cure period, and if the nature of the defaulting party's obligations are such
that more than 30 days is required to effect cure, then the defaulting party
shall not be in default hereunder and the non -defaulting party shall not have
the right to exercise its termination rights granted herein as a result of any
such default, if the defaulting party commences cure within the applicable
cure period and thereafter diligently pursues cure to completion of
performance.
3.5 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 default hereunder,
and the non -defaulting party shall have the right, but shall not be obligated,
upon written Notice to the defaulting party, to terminate this Agreement.
3.6 If such Notice is given, this Agreement shall terminate on the date set forth in
the Notice and the parties shall be relieved of all rights and obligations
hereunder, except for any rights and obligations that expressly survive
termination.
Section 4. Indemnification.
4.1 To the extent permitted by law and subject to the provisions and monetary
limitations of Section 768.28, Florida Statutes, the CITY does hereby agree
� trdrMntf,
_ Md 'hold the CM7=5 ITS ot s, 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 CITY in
connection with this Agreement. This provision shall survive the expiration
or earlier termination of this Agreement.
Section 5. Notices.
5.1 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 Coup: Roman Gastesi, Jr.
County Administrator
Monroe County
Historic Gato Building
1100 Simonton Street
Ivey West, Florida 33040
With a coov to: Suzanne Hutton, Esq.
Monroe County Attorneys Office
P.G. Box 1026
Ivey `]Vest, Florida 33 041-1026
If to Ci Roger Hernstadt
City Manager
City of Marathon
9805 Overseas Highway
Marathon, Fl 33050
With a covv to: John Herin, Esq.
City Attorney
Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A.
150 West Flagler Street, Suite 2200
Miami, Florida 33130
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.
Section 6. Regulatory Powers.
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regulatory approval or enforcement rights or obligations as it may relate to
regulations of general applicability, which may govern the Agreement.
6.2 Nothing herein shall be deemed to create an affirmative duty of either party
to abrogate its sovereign right to exercise its police powers and governmental
powers by approving or disapproving or taking any other action in
accordance with ordinances, rules and regulations, federal laws and
regulations and state laws and regulations.
Section 7. Attorneys Fees and Waiver of Jury Trial,
7.1 In the event of any litigation arising out of this Agreement, the prevailing
party shall be entitled to recover its attorneys' fees and costs, 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.
7.2 In the event of any litigation arising out of this Agreement, each party hereby
knowingly, irrevocably, voluntarily and intentionally waives its right to trial
by jury.
Section 8. Governing Law.
8.1 This Agreement shall be construed in accordance with and governed by the
laws of the State of Florida. Exclusive venue for any litigation or mediation
arising out of this Agreement shall be in the 161h Judicial Circuit in and for
Monroe County, Florida. This Agreement is not subject to arbitration.
Section 9. Entire Agreement/Modification/Amendment.
9.1 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.
9.2 No agent, employee, or other representative of either party is empowered to
modify or amend the terms of this Agreement, unless executed with the same
formality as this document.
Section 10. Access to Records and Audits.
10.1 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 COUNTY, the State of Florida, the Federal Government, or
authorized agents and representatives of said government bodies. CITY
shall also provide access to the personal property reports, permits, and
equipment purchased or utilized under this Agreement. It is the responsibility
of CITY to maintain appropriate records in accordance with generally
Arai -` u-Yu .df .... 4 •ab4� a•!�1!L 4i' a •i1� -. it V F1-.i'-11C}-.Lak w
accounting of all funds and expenditures. Records shall be kept for a period
of five (5) years following execution of this Agreement. CITY understands
that it shall be responsible for repayment of any and all audit exceptions
which are identified by the Auditor General for the State of Florida, the Clerk
of Court for Monroe County, the Board of County Commissioners for
Monroe County, or their agents and representatives. COUNTY shall bill
CITY for the amount of the audit exception and CITY shall promptly repay
any audit exception. However, COUNTY warrants and represents that it has
full authority to fund the Project under the terms and conditions specified
'I
herein. The COUNTY and 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 subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the COUNTY and CITY in
conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CITY.
10.2 The COUNTY may cancel this Agreement for refusal by the CITY, or the
CITY's subcontractor, to allow access by the County Administrator or his
designee to any Records pertaining to work performed under this
Agreement that are subject to the provisions of Chapter 119, Florida
Statutes.
10.3 The term Records shall refer to any documents, books, data (electronic or hard
copy), papers and financial records that result from the CITY or its
subcontractors performance of the Services provided in this Agreement.
10.4 If the inspection or audit discloses that COUNTY funds paid to the CITY
under this Agreement were used for a purpose not authorized by this
Agreement, then the CITY must refund the funds improperly spent with
interest calculated pursuant to Section 55.03, Florida Statutes, with interest
running from the date the COUNTY paid the improperly spent funds to the
CITY. This paragraph will survive the termination of this Agreement.
Section 11. Nonassignability.
11.1 This Agreement shall not be assignable by either party unless such assignment
is first approved by both parties.
Section 12. Severability.
12.1 If any term or provision of this Agreement shall to any extent be held invalid
or unenforceable, the remainder of this Agreement shall not be affected
thereby, and each remaining term and provision of this Agreement shall be
valid and be enforceable to the fullest extent permitted by law.
Section 13. Independent Contractor,
shall be and remain independent contractor and not agents or employees of
the COUNTY 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.
it
Section 14. waiver.
14.1 The failure of either party to this Agreement to object to or to take affirmative
action with respect to any conduct of the other which is in violation of the
terms of this Agreement shall not be construed as a waiver of the violation or
breach, or of any future violation, breach or wrongful conduct.
Section 15. Funding.
15.1 The parties agree that the COUNTY's responsibility under this Agreement is
to provide funding only.
Section 16. Survival of Provisions.
16.1 Any terms or conditions of either this Agreement that require acts beyond the
date of the term of the Agreement, shall survive termination of the Agreement,
shall remain in full force and effect unless and until the terms or conditions
are completed and shall be fully enforceable by either party.
Section 17. Counterparts.
17.1 This Agreement may be executed in several counterparts, each of which shall
be deemed an original and such counterparts shall constitute one and the
same instrument.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.]
IN WITNESS WHEREOF, the parties hereto have executed this agreement below.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
ATTEST:
Diane Clavier
City Clerk
Mayor/Chairperson
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: vy(
Assista t ounty Attorne
ia-
l�-It
THE CITY OF MARATHON, FLORIDA
Pete Worthington, Mayor
Date. -
(City Seal)
APPROVED AS TO FORM AND LEGALITY FOR THE USE
AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY:
1..oars
John Herin, Esq.
City Attorney
rA
Boot ley Harbor City grins
Latitude 24° 42' �'
33.8 N Longitude 81 ° 5' 29.1" V�
800 35th Street, Ocean Marathcm, FL 33050
Phone:305.289.8877 Fax:305.289.8876
VHF CHI 6
www. marathon$orida. or
8
December 8, 2011
Richard Jones
Senior Administrator
Monroe County Marine Resources
2798 Overseas Highway, Suite 420
Marathon, FL 33050
Re: Reimbursement for Mooring Renovation in Boot Ivey Harbor Mooring Field
Dear Rich,
The City of Marathon and Boot Ivey Harbor City Marina would like to respectfully request reimbursement for
q
mooring renovation for the Boot Key Harbor Mooring Field, as per approval by the Monroe CountyBoard of
County Commissioners.
Attached, please find an invoice for $49,859.81 and the supporting documentation for the s needed to
. parts
replace moorings. City Staff have installed the parts in Boot Ivey Harbor Mooring Field.
Please contact Richard Tanner at 305-289-8877 should there be questions or a need for further information.
We would like to offer our thanks for the assistance you and )Monroe County have offered us in the past, and we
appreciate the opportunity to apply for further funding.
Sincerely,
Richard Tanner, Harbormaster
Boot Ivey Harbor City Marina
800 --- 35" Street Ocean
_._ EL 33L
tanner ci.maraton. fl.us
305-289-8877
Attch:
Letter to R. Jones from R. Tanner requesting reimbursement
Invoice from American Underwater Contractors with supporting documentation
Cc: Roger Hernstadt, Marathon City Manager
Check Request and
InvoAl
ice from
American
Underwater
Contractors., Inc
CITY OF MARATHON
CHECK REQUEST
DATE: 10/4/2011
DEPARTMENT: Marina
PAYABLE TO: American Underwater Contractors, Inc.
ADDRESS: 17536 SE Conch Bar Ave.
Te uestar FL 33469
DESCRIPTION $ AMOUNI
Replacement parts for moorings in Boat Key $49,859.81
Harbor
Resolution 2011-73
Reimbursable by Monroe County
1, Deaartment
VENDOR #: New
DATE CHECK REQUIRED: ASAP
(allow 7 business days ftrn receipt In Finance)
ACCOUNT #
41 0-8011-575-311
TOTALS $49,859.811
Check One:
Original Invoice Attached
❑ Order/registration form identifying cost of item attached
Cl Memo justifying payment without an invoice and specifying
date one will be obtained
This to certify that the quantities, services and All vouchers related to travel require Travel Authorization
cornputabons indicated have been checked, proper account approval.
number(s) have been charged and funds are available to
accoun s In-dibat6d.
Approved By:---�---�- �. CItv Manager APProyal:
Date: (if. required)
Approved By:
Department Head/Authorized Signer
Return check to:
13. Finance AearQvak
Approved By. Date:
Form to be enclosed with check: Accounting
❑ Yes ❑ No Processed By. Date:
Accounting
Date
AMERICAN UNDERWATER CONTRACTORS, INC.
17536 SE Conch Bar Ave., Tequesta, FL 33469
PH: 561-575-5539 Fx: 561-5754651
AUCfoster@aoLcoan
Invoice # 1002-11
P.0.#5606
October 3, 2011
City Of Marathon
Richard Tamer, Ports Manager
800 -- 3 �'h Street Ocean
Marathon, FL 33050
Ph: 305-•289-4114
Fx: 305-289-8875
Cell: 305--481 -4772
Re: Invoice for Mooring Field Materials
Invoice
�t Ibex Harbor
� �rMoa�.�ag ��ld
Qjy Descri do Unit Price Extended Price
91 Tap Shackles $ 29.95 $ 2,725.45
91 Swivels $ 38.99 $ 35548.09
182 Shackles for down line $ 14.99 $ 25728.18
91 StormSoft down lines with heavy duty
deep well galvaned thimbles and
underwater float attached $ 448.99 $ 40, 858.09
'total Amount Due $ 493859.91
All materials were delivered to Mr. Richard Tanner
at the City of Marathon Marina
Thank You for Your Business
'. ' �'E•.+r:�[ rL�•�il i� Ti ' r ±.�k •' �� ` 4 .�4 ,. �ry � / `p �' ;Sy s •+er °' :r . •
TIP
. J _ � ~• � _ .. i . � •' �'. � y. ■y• • • ; i'?,•� ..Y• +��; �! ++ •�• .. • �.••tw • {�. , • , ¢ •� a '`.
City of Marathon, Florida P.O. # 5606
9905 overseas Highway
Marathon, Florida 33050
(305) 743-0033
VENDOR American Underwater Contractors
420 17536 SE Conch Bar Ave.
Jupiter, FL 33469
Date: August 31, 2011
SHIP Richard Tanner
To City of Marathon &Urine
8W 35th Street
Marathon, FL 33050
303-289-U77
QTY ITEM * DESCRIPTION
91 Top Shackles
91 Swivels
182 Shackles for down line
91 Stornwft down lines with heavy duty deep welt galvanized
thimbles and underwater float attached.
Mooring Field Replacement Parts
Includes Delivery
1. Enter this order in accordance with the prices, terms,
delivery method, and specifications tfsted above.
2. Please notit!y us tm~ately It you are unabte to provide as
specified.
3. Send all correspondence to: City of Marathon, 1809 Overseas
Highway, Marathon, FL 33050
Joe
UNIT PRICE LINE TOM
$29.95 $2,725,45
S38/99 $39549.09
$14.99 $2,728.18
$449.99 $400858.09
SUBTOTAL $49,859.81
SALES TAIL Exempt
TCMAL $49,859.31
For internal use only:
4+10-8011-575-311-01
0
Authorized by Date
Cancelled Check for
American
Underwater
Contractors, Inc.
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