Item I03M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
July 19, 2017
Agenda Item Number: I.3
Agenda Item Summary #3101
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Rich Jones (305) 289 -2805
No
AGENDA ITEM WORDING: Approval of an Inter -Local Agreement (ILA) between Monroe
County (County) and the City of Marathon (City) reimbursing the City in an amount up to $30,000
from Boating Improvement Funds (BIF) for costs to be incurred by the City during FY' 18 for
repaving at the Quay boat launching facility.
ITEM BACKGROUND:
The County provides BIF funding to the various municipalities for boating and waterways related
projects through an annual application and selection process. The Marine Resources Office received
a BIF funding application from the City in the amount of $40,000 in March 2017 for costs
anticipated to be incurred by the City in FY' 18 for repaving at the Quay boat launching facility. The
Board approved the selection of the City for BIF funding at its May 17, 2017 BOCC meeting,
providing partial funding of $30,000, and directed staff to prepare an Inter -Local Agreement (ILA).
The ILA provides for BIF reimbursement funding to the City subsequent to the performance of
services and payment for those services in FY' 18, and submittal of required documentation.
PREVIOUS RELEVANT BOCC ACTION:
February 2012- Approval of Resolution No.080 -2012 revising policy for the application, selection
and award of BIF funding to the municipalities.
May 2012- Approval of selection of BIF funding requests including $30,000 to Islamorada, $30,992
to Marathon and $34,700 to Key West, and direction to draft ILA's to award such funding.
July 2012- Approval of ILA's between the County and Islamorada, Marathon and Key West.
June 2013- Approval of selection of BIF funding requests including $25,000 to Marathon and
$20,000 to the Village of Islamorada, and direction to draft ILA's to award such funding.
July 2013- Approval of ILA's between the County and Marathon and Islamorada.
May 2014- Approval of selection of BIF funding requests including $22,500 to the Village of
Islamorada and $24,000 to the City of Marathon, and direction to draft ILA's to award such
funding.
July 2014- Approval of ILA's between the County and Islamorada and Marathon.
May 2015- Approval of selection of BIF funding requests including $25,000 to the Village of
Islamorada and $5,896 to the City of Key Colony Beach, and direction to draft ILA's to award
such funding.
July 2015- Approval of ILA's between the County and Islamorada and Key Colony Beach.
July 2015- Approval of Amendment No. l to ILA between County and Marathon to provide for an
additional year to complete project.
May 2016- Approval of selection of BIF funding request from the Village of Islamorada for
$18,000, and direction to draft an ILA to award such funding.
July 2016- Approval of ILA between the County and the Village of Islamorada
May 2017- Approval of selection of BIF funding requests from the Village of Islamorada for
$10,000 (partial funding) and Marathon for $30,000 (partial funding), and direction to draft ILA's
to award such funding
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval of ILA
DOCUMENTATION:
ILA with Marathon for $30,000
FINANCIAL IMPACT:
Effective Date: 10/1/2017
Expiration Date: 9/30/2018
Total Dollar Value of Contract: $30,000
Total Cost to County: $30,000
Current Year Portion: none
Budgeted: Yes
Source of Funds: 157- 62520 - 530340
CPI: N/A
Indirect Costs: None
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details:
If yes, amount:
10/01/17 157 -62520 -BOATING IMPROVEMENT
$30,000.00
REVIEWED BY:
Mayte Santamaria Completed 06/23/2017 10:29 AM
Assistant County Administrator Christine Hurley
06/25/2017 5:14 PM
Peter Morris Completed
Jaclyn Carnago Completed
Budget and Finance Completed
Maria Slavik Completed
Kathy Peters Completed
Board of County Commissioners Pending
Completed
06/26/2017 6:39 PM
06/27/2017 11:31 AM
06/27/2017 12:17 PM
06/27/2017 12:20 PM
06/28/2017 11:24 AM
07/19/2017 9:00 AM
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INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT (Agreement) is entered into as of this day of
2017, between Monroe County, a political subdivision • the State of Florida
;COUNTY; and the Citv
• Marathon. a municinal coMoguioT
IV MAM L* - M 0 0 P X W
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WHEREAS, the COUNTY - routinely uses tate 8oating Improvement Funds (BIF) for
recreational boating related projects within the various municipalities; and
WHEREAS, the CITY is requesting that the COUNTY provide reimbursement funding
n the amount of $40,000 from BIF for costs to be incurred during FY' 18 for repaving at the
Quay boat launching facility; and
WHEREAS, at the May 17, 2017 BOCC meeting the Monroe County Board of County
provide partial funding in the amount of S30,000 and directed staff to prepare an Inter-Local
Agreement:
NOW THEREFORE, in consideration of the mutual promises and covenant% herein
contained, it is agreed between the COUNTY and the CITY as follows:
Section 1. Payment. The COUNTY agrees to reimburse the CITY for costs incurred in
FY* 18 as follows:
t.l The foregoing recitals are true and correct and are incorporated herein by
reference,
, .2 Payment in an amount not to exceed $30,000 for repaving at the Quay boat
' .a chin facility.
1.4 By submitting a request for payment the CITY represents that it has complied
withall of its purchasing requirements.
1 .5 Funding of this Agreement is contingent upon an annual appropriation by the
COUNTY.
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Section 2. Tenn.
1PLi I blUNBUR-01
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.
3.3 The defaulting party shall cure any such default, within 30 days following the
date of the Default Notice.
3.5 In the event the defaulting party fails to affect any required cure as provided
'or 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.
3.6
If such Notice is given. this Agreement shall ten 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
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Lermination.
Section 4. Indemnification.
4. J To the extent permitted by law and subJect to the provisions and monetary
'.imitations of Section 768.28. Florida Statutes. the CITY. to the extent of the
COUNLTY*S potential liability pursuant to section 768.28, Florida Statutes,
does hereby agree to defend, indemnify and hold the COUNTY. its officers,
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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 or any third party vendor contracted by the CITY in
connection with Lhis 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:
With a co to. Bob Shillinger, Esq.
Xy _
Monroe County Attorneys Office
1111 12' Street; Suite 408
P.O.Box 1026
Key West, Florida 33041-1026
if to City: Charles Lindsey
City Manager
City of Marathon
9805 Overseas Highway
Marathon, FI 33050
With a an v to.- David Migut
City Attorney
City of. thon
9805 Overseas Highway
Marathon. FI 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 ifs t by
certirted mail, return receipt requested. postage and fees prepaid; ;'iand delivered: or sent by
overnight delivery service.
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Section 6. Regulatory Powers.
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 expense% 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
byjury.
Section 8. Governing Law.
8.1 This Agreement shall be construed in accordance with and governed by the
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laws ot the State of Florida, Exclusive venue for any litigation or mediation
arising out or this Agreement shall be in the 16 1h j �dicial Circuit in and for
Monroe County, Florida. This Agreement is not subject to arbitration.
Section 9. Entire AgreementtModification/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 COt-NTY. the State of Florida, the Federal Government. or
authorized allents and representatives of said government bodies. CITY
shall also provide access to the personal property reports. permits, and
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Section 11. Nonassignabillicy.
L 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 to and provision of this Agreement small be
valid and be enforceable to the fullest extent permitted by law.
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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
to 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 COLNTY's responsibility under this Agreement
to provide funding only. I
16.1 Any terms or conditions of either this Agreement that require acts beyond t
date of the term of the Agreement, shall survive termination of the Agreeme
shall remain in full force and effect unless and until the terms ■ conditioll
are completed and shall be fully enforceable ■ either party,
Section 17. Counterparts.
:'7.1 This Agreement may be executed in several counterparts, each of which shal I
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 executed this agreement below.
BY:
George Neugent, Mayor
(SEAL)
ATTEST. KEVIN MADOK, CLERK
BY:
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SU CIENCY
BY: -- 2
Assistant County Attorney
G. uue
�City Seal)
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