FY2018 07/19/2017Ke vin Madok CPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
DATE: August 2, 2017
TO: Debbie Lofberg
Executive Administrator
Planning, Code ��� Compliance & Building Department
FROM: Pamela Hanco( !! .C.
SUBJECT: July 19th BOCC Meeting
Attached is a duplicate original, of each of the below, for your handling.
12 Inter -Local Agreement between Monroe County and the Village of Islamorada (City)
reimbursing the City in an amount up to $10,000.00 from Boating Improvement Funds for costs to be
incurred by the City during Fiscal Year 2018 for regulatory buoy maintenance.
I4 Amendment No.2 between Monroe County and Arnold's Auto & Marine Repair, Inc., providing
for removal and disposal of non - derelict vessels, and to cover, remove, store, and/or dispose of off -
premises marine signs from vessels or floating structures, and to remove, relocate, store and/or
dispose of vessels or floating structures exhibiting off - premises marine signs.
Should you have any questions, please feel free to contact me at extension 3130.
cc: County Attorney
Finance
File 4
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305- 294 -4641 305- 289 -6027 305 -852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305- 852 -7145
INTERLOCAL AGREEMENT
HIS INTERLOCAL AGREEMENT (Agreement) is entered into as of this � day of
2017, between Monroe County, a political subdivision of the State of Florida
(COUNTY) and Islamorada, Village of Islands, a municipal corporation organized and existing
under the laws of the State of Florida (CITY).
WITNESSETH:
WHEREAS, the COUNTY routinely uses State Boating Improvement Funds (BIF) for
recreational boating access related projects within the various municipalities; and
WHEREAS, the CITY is requesting that the COUNTY provide reimbursement funding
in the amount of $15,000 from BIF for costs to be incurred during FY' 18 for regulatory buoy
maintenance; and
WHEREAS, the above expenditures are qualified expenditures from the State BIF; and
WHEREAS, at the May 17, 2017 BOCC meeting the Monroe County Board of County
Commissioners approved the selection of the BIF funding request submitted by the CITY and to
provide partial funding in the amount of $10,000, and directed staff to prepare an Inter -Local
Agreement;
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 services
performed and costs incurred in FY' 18 as follows:
1.1 The foregoing recitals are true and correct and are incorporated herein by
reference.
1.2 Payment in an amount not to exceed $10,000 for regulatory buoy
maintenance.
1.3 To receive payment, the CITY shall submit all requests for payment and
applicable invoices to the Senior Administrator of the COUNTY's Marine
Resources Office by September 1, 2018. The invoices must describe the
services performed, together with proof that payment has been made to the
CITY'S contractor(s). All documentation shall be forwarded to the County
�lerk for payment. Any other documentation requested by the Clerk shall be
provided.
1.4 By submitting a request for payment the CITY represents that it has complied
with all of its purchasing requirements.
1.5 Funding of this Agreement is contingent upon an annual appropriation by the
COUNTY.
Section 2. Term.
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 meaningfully commences to cure within
the applicable cure period and thereafter diligently pursues cure to
completion of cure to the satisfaction of the non - defaulting party, and
completes performance of this agreement as specified herein.
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 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 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, to the extent of the
COUNTY'S potential liability pursuant to section 768.28, Florida Statutes,
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does hereby agree to defend, indemnify and hold the COUNTY, 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 CITY or any third party vendor contracted by the CITY in
connection with 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 County Roman Gastesi, Jr.
County Administrator
Monroe County
Historic Gato Building
1100 Simonton Street
Key West, Florida 33040
With a copy to: Robert B. Shillinger, Esq.
Monroe County Attorneys Office
1111 12` Street, Suite 408
P.O. Box 1026
Key West, Florida 33041 -1026
If to Ci Seth Lawless
Village Manager
Islamorada, Village of Islands
86800 Overseas Highway
Islamorada, FL 33036
With a copy to : Roget V. Bryan
Village Attorney
Islamorada, Village of Islands
86800 Overseas Highway
Islamorada, FL 33036
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.
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Section 6. Regulatory Powers.
6.1 Nothing contained herein shall be construed as waiving either party's
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 or state laws and regulations.
Section 7. Attorneys Fees and Waiver of Jury Trial.
7.1 In the event of any administrative proceeding or 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 16` 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 comply with the Florida Public Records Act and 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
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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 accepted
accounting principles consistently applied to insure a proper 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 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" is the same as defined under Florida Statute Section
119.011 and further shall also 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 is to any extent held invalid or
unenforceable by an administrative hearing officer or court of competent
jurisdiction, the remainder of this Agreement shall not be affected thereby,
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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.
13.1 The CITY and its employees, volunteers, agents, vendors and subcontractors
shall be and remain an independent contractor and are 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.
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.
Section 18. Paragraph Headings.
18.1 Paragraph headings, where used herein, are included for convenience only
and are not intended to descriptively limit the scope and intent of the
particular paragraph to which the refer.
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M .
IN WITNESS WHEREOF, the parties hereto have executed this agreement below.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
PETER MORRIS
ASSISTANT CO NTY ATTORNEY
Date:
ATTEST:
le •tom
Mayor /Chairman
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Assistant County Attorney
OF ISLANDS, FLORIDA
Kefly T
Village erk
(City Seal)
APPROVED AS TO FORM E USE °
AND RELIANCE OF ISLAMO w ' " t F ISLANDS, FLORIDA ONIffb C o
BY: ^4 Roget V. Bryan z
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