Item I1C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
September 19, 2018
Agenda Item Number: I.1
Agenda Item Summary #4465
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Rich Jones (305) 289 -2805
n/a
AGENDA ITEM WORDING: Approval of an Inter -Local Agreement (ILA) between Monroe
County (County) and the City of Key West (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'19 for boat
ramp repairs.
ITEM BACKGROUND:
Monroe County provides BIF funding to the various municipalities for boating and waterways
related projects through an annual application and selection process. The Monroe County Marine
Resources Office received a BIF funding application from the City in the amount of $30,000 in
March 2018 for costs anticipated to be incurred by the City in FY' 19 for repairs to the boat ramp at
Garrison Bight Marina. The Board approved the selection of the City for BIF funding at its May 16,
2018 BOCC meeting, and directed staff to prepare an Inter -Local Agreement (ILA). The attached
ILA provides for BIF reimbursement funding to the City subsequent to the performance of services
and payment for those services in FY' 19, and submittal of required documentation.
PREVIOUS RELEVANT BOCC ACTION:
May 2018 - Approval of selection of BIF funding requests from the Village of Islamorada for
$10,000 (partial funding) and the City of Key West for ($30,000), and direction to draft ILAs to
award said funding.
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
ILA with the City of Key West
FINANCIAL IMPACT:
Effective Date: 9/19/2018
Expiration Date: 9/1/2019
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: No
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details:
If yes, amount:
10/01/18 157 -62520 - BOATING IMPROVEMENT
from FY' 19 budget
$30,000.00
REVIEWED BY:
Peter Morris
Completed
08/20/2018 1:57 PM
Emily Schemper
Completed
08/27/2018 11:37 PM
Christine Hurley
Completed
08/31/2018 4:54 PM
Budget and Finance
Completed
09/04/2018 1:48 PM
Maria Slavik
Completed
09/04/2018 2:06 PM
Kathy Peters
Completed
09/04/2018 3:46 PM
Board of County Commissioners
Pending
09/19/2018 9:00 AM
INTERLOCAL AGREEMENT
THIS INTERJ-OCAL AGREEMENT (Agreement) is entered into as of this day of
2018, between Monroe County, a political subdivision of the State of Florida
(COUNTY) and the City of Key West, a municipal corporation organized and existing tinder the
laws of the State of Florida (CITY),
WITINESSETH:
WHERE AS, the COUNTY routinely uses State Boating Improvement Funds (BIF) for
recreational boating related projects within the various municipalities; and
WHEREAS, the CITY has requested that the COUNTY provide reimbursement funding
in the amount of $30,000 from BIF for costs to be incurred during FY'19 for City boat ramp
maintenance; and
WHEREAS, the above expenditures are qualified expenditures from the State BIF; and
WHERE AS, at the May 16, 2018 BOCC meeting the Monroe County Board of County
provide funding in the amount of $30,000 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 costs incurred in
FY'l 9 as follows:
1.1 The foregoing recitals are true and correct and are hereby incorporated as if
fWly stated herein.
1.2 Payment in an amount not to exceed $30,000 for boat ramp maintenance.
1.4 By submng 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.
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Section 2. Term.
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.
15 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,
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 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 _Q C o unty: Roman Gastesi, Jr.
County Administrator
Monroe County
Historic Gato Building
1100 Simonton Street
Key West, Florida 33040
With a cow to: Robert B. Shillinger, Esq.
Monroe County Attorney's Office
1111 12'h Street, Suite 408
P.O. Box 1026
Key West, Florida 33041-1026
If to City: James K. Scholl
City Manager
Key West City Hall
1300 White Street
Key West, FL 33040
With co apy to: Shawn Smith
City Attorney
Key West City Hall
1300 White Street
Key West, FL 33040
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.
6J 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 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 Low,
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 1h Judicial Circuit in and for
Monroe County, Florida. This Agreement is not sub ect to arbitration.
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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.
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10.2 'fhe 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.
Section 11. Nenasst gnability.
11.1 This Agreement shall not be assignable by either party unless such assignment
is first approved by both parties.
Section 12. Sever ability.
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
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Section 13. Independent Contractor.
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.
15.1 The parties agree that the COUNTY's responsibility under this Agreement is
to provide funding only.
Section 16. Survival of Provisions,
Section 17. Counterparts.
ITI 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 executed this agreement below.
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livi (1101 'R11 ML•11101 MV IKPJ N I BE
BY:
avid. ice, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY
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Assistant County Attorney
Susan P. Harrison
BY:
Sr. Deputy Clerk
J am s K. Scholl, City Manager
Date:
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