Item I2C 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.2
Agenda Item Summary #4625
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Rich Jones (305) 289 -2805
n/a
AGENDA ITEM WORDING: Approval of Amendment No.l to the Inter -Local Agreement (ILA)
between Monroe County (County) and the City of Marathon (City) extending the ILA through
August 1, 2019 to allow additional time for the City to complete maintenance to the Quay boat ramp
and submit required project completion documentation to the County as set forth in the ILA.
ITEM BACKGROUND: The Board approved an ILA with the City at its July 19, 2017, BOCC
meeting. The ILA (attached) stipulates that the County may reimburse the City up to $30,000 for
costs incurred for repairs at the Quay boat ramp during FY' 18. However, City staff has indicated
that the project work has not yet commenced due to impacts from Hurricane Irma in September
2017. Recognizing that the project will not be completed by the end of FY' 18, the City is requesting
to extend the ILA to allow for project completion during FY' 19 (see attached August 2, 2018 e -mail
communication from the City Engineer). In order to provide additional time for project completion,
staff has provided Amendment No.l (attached) to the ILA to provide for extension of the project
through August 1, 2019. Marine Resources staff has requested that the Office of Management and
Budget roll over the $30,000 for the project from FY' 18 to FY' 19 to provide sufficient funding in
FY' 19 for the project cost reimbursement.
PREVIOUS RELEVANT BOCC ACTION:
July 2017- Board approval of ILA with the City of Marathon for repairs at the Quay boat ramp in the
amount of $30,000.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Amendment No.1
7 -19 -2017 ILA with Marathon for $30,000
E -mail from Marathon staff requesting extension
FINANCIAL IMPACT:
Effective Date: 9/19/2018
Expiration Date: 8/1/2019
Total Dollar Value of Contract: $30,000
Total Cost to County: $30,000
Current Year Portion: N/A
Budgeted: Yes
Source of Funds: 157- 62520 - 530340
CPI: N/A
Indirect Costs: N/A
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:
09/19/18 157 -62520 - BOATING IMPROVEMENT
OMB will rollover funds from FY' 18
$30,000.00
REVIEWED BY:
Peter Morris
Completed
08/21/2018 4:32 PM
Emily Schemper
Completed
08/27/2018 11:34 PM
Christine Hurley
Completed
08/31/2018 4:54 PM
Budget and Finance
Completed
09/04/2018 1:49 PM
Maria Slavik
Completed
09/04/2018 2:06 PM
Kathy Peters
Completed
09/04/2018 3:39 PM
Board of County Commissioners
Pending
09/19/2018 9:00 AM
AMENDMENT NO. I TO INTERLOCAL AGREEMENT
BETWEEN THE CITY OF MARATHON, FLORIDA
AND MONROE COUNTY, FLORIDA
THIS AMENDMENT NO. I TO THE INTERLOCAL AGREEMENT ("'Amendment")
is made and entered into this 19th day of September, 2018, between the Monroe County Board of
County Commissioners (hereinafter the "COUNTY" or "'BOCC") and the City of Marathon
(hereinafter the "CITY").
WHEREAS, the parties -entered into an Interlocal Agreement (Agreement) on July 19,
2017 and
WHEREAS. the Aureernent provides for reimbursement ffinding, in the amount of $30,000
to be provided to the City frorn County Boating Improvement Funds (CIF) for costs incurred by the
City during Fiscal Year 2018 for repaving at the Quay boat launching facility (Project) and
WHEREAS, the City has represented that the Project will not be completed during Fiscal
Year 2018 as anticipated due to the City confront i ng issues related to Hurricane Irma and
WHEREAS, the County and City desire to amend the Agreement to extend the Proj_wt
completion deadline thrOLIgh June 30, 2019, by which tine the City anticlpates completing said
Project
NOW, THEREFORE, IN CONSIDERATION of the mutual coy enants and obligations contained
herein, and other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the Undel parties agree to as foilows:
The fotlowinu recitals are true and correct and are hereby incorporated as iffully stated herein
With respect to the second prefatory paragraph of the July 19, 201 Agreement, expressly
incorporated by reference at Section 1.1 of said Agreement. the County and City rnutually
desire to amend to extend the time limitation during which the aforesaid reimbursement
fund in- may be provided to the City from County Boating Improvement Funds, (BIF) for costs
to be incurred by the City for repaving at the 6iay boat launching facility. ("Project") from
"during FY' 18" to "up to and including June 10, 2019."
1. 'Payinent.") of the July 19, 20 Aareerriei is h eby amended a
Section 1. (entitled er
follows
Section 1, Payment. The COL UNT Y agrees to reimburse. the CITY for costs incurred up to
and including June 30, 2019, as follows.
4 Section 1.3 of the July 19, 20 Agreement is hereby arnersded as follows:
To receive pa ment, the CIT shall submit all requests for payment and applicable invoices
to the Senior Administrator of the COU Marine Resources Office by August 1,
2019. The ins dices must describe the services r)erforined, together with proof that payment
has been rnade to the CITY contractor( s), All documentation shall be forwarded to the
County Clerk for paymerit. Any other documentation requested by the Clerk shall be
ide
prov Il
I of 3
5. The following new provision, entitled Section 10. 5, shall be considered added immediately
after Section 10.4 of the July 19, 2017 &-reement, and is and shall be construed as part of the
Agreement as if fully set forth therein:
Section 10050 Public Access and Public Records Compliance. The CITY must comply
with Florida public records laws, including but not 'limited to Chapter 119, Florida Statutes
and Section 24 of Article I of the Florida Constitution. The COUNTY and the CITY shall
allow and permit reasonable access to, and inspection of, ail documents. records, papers,
letters, or other "Public record" materials in its possession or under its control subject to the
provisions or Chapter 119, Florida Statutes, and made or received by the CITY and
COUNTY in conjunction with and in connection with this Agreement and related to
performance of this Agreernent. The COUNTY shall have the right to unilaterally cancel
, this Agreenient upon violation of this provision by the C11"Y. Failure of the CITY to abide
by the tern of this provision shall be deemed a material breach of this Agreement and the
COUNTY may enforce the terms of this provision in the form of a court proceeding and
shall, as a prevailing party, be entitled to reirnbursernent of all attorney's fees and costs
associated with that proceeding. This provision shall survive any termination or expiration
of this Agreement.
a,
Pursuant to Chapter 119, Florida Statutes, the CITY is required to:
Keep and maintain public records that would be required by the COUNTY to perform
the Agreement.
Upon receipt from the COUNTY's custodian of records, provide the COUTINITY with a
copy of the requested records or allow the records to be inspected or copied within a
le time at a cost that does not exceed the he cost provided in Chapte r 119, Florida
Statutes, or as otherwise provided by law.
Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the Agreement term and following completion of the Agreenrient if the C1 FY
does not transfer the records to the COUN'TY,
J Upon completion of the Agreement, transfer, at no cost. to the C01JNTY all public
records in possession of the CITY or keep and maintain all public records that would be
required by the COUNTY to perform the Agreement. If the CITY transfers all public
records to the COUNTY upon completion of the Agreement, the CITY shall destroy any
duplicate public records that are exempt or confidential and exerript, from public records
disclosure requirerrients, If the CITY keeps and maintains public records upon
completion of the Agreeni-ent, the CITY shall meet all applicable recIiflrernerits for
retaining public records, All records stored electronically must be provided to the
COUNTY, upon request from the COUNVI"Y's custodian of records, in a format that is
compatible with the information technology systems of the COUNTY,
The CITY shall not transfer custody, release, alter, destroy, or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by
law.
6 All of the other conditions, covenants, provisions, and terms of the Agreement dated July 19,
2017. except those expressly modified and rendered inconsistent by this Amendment, remain
in full force and effect and binding upon the parties,
of
nterparts, each of which shall be deemed an
t.
This Amendment may be executed in several cot.
original and such counterparts shall constitute one and the same instrument,
IN WITNESS WHEREOF, the parties have set their liands and seal on the day and year
first above written.
(SEAL)
ATTEST� KEVIN MAD01"', CLERK
Deputy Cierk
...........
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIRIDA
Mayor David Rice
APPROVED AS TO FORM AND
' T
LEGAL SI.JFFACIENCY
Assistant Cou nty Attorney
ATTE,ST:
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Diane Cavier
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cily cle
(City Seal)
Ch5c Lind d
Date
APPROVV'F�.D) A�S TO F RM A-',-,N, LEGALITY FOR THE U SE
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i t sq.
AND FLE-LIANCE TIE CITY OF MAR. FLORIDA ONLY;
BY:
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Da id Miwit
City Attorney
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.. •s ° ° Kevin Madok CPA
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Cleric of the Circuit Court & Comptroller Monroe County, Florida
DATE: August 7, 2017
TO: Debbie Lofberg
Executive Administrator
Planning, Code Compliance & Building Department
FROM: Pamela Hanco k, C.
SUBJECT: July 19th BOCC Meeting
Attached is a duplicate original of Item I3, an Inter -Local Agreement between Monroe
County and the City of Marathon (City) reimbursing the City in an amount up to $30,000.00
from Boating Improvement Funds f or costs to be incurred by the City during Fiscal Year
2018 for repaving at the Quay boat launching facility, for your handling.
Should you have any questions, please feel free to contact me at extension 3130.
cc: County Attorney CD
CD
Finance
CD
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305 -294 -4641 305 -289 -6027 305- 852 -7145
PKIROTH BUILDING
50 High Point Road
Plantation Key. Florida 3307
305- Packet Pg. 184$
INTERLOCAL AGREEMENT
THIS INTER-LOCAL AGREEMENT (Agreement) is entered into as of this P o day of
I 2017, between Monroe County, a political subdivision of the State of Florida
(COUN Y) 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 State Boating Improvement Funds (BIF) for
recreational boating related projects within the various municipalities; and
WHEREAS, the CITY is requesting that the COUNTY provide reimbursement funding
in 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, 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 $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' 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 $30,000 for repaving at the Quay boat
launching facility.
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
Clerk 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 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 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,
2
agents, or employees, harmless from and against any and all Iiability,
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 parry 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: Bob Shillinger, Esq.
Monroe County Attorneys Office
1111 12 Street, Suite 408
P.O. Box 1026
Key West, Florida 33041 -1026
Ifto Ci Charles Lindsey
City Manager
City of Marathon
9805 Overseas Highway
Marathon, FI 33050
With a copy to : David Migut
City Attorney
City of Marathon
9805 Overseas Highway
Marathon, Fl 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.
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 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
Iaws 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 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
El
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 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.
R"
k
13.1 The CITY and its employees, volunteers, agents, vendors and subcontractors
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.
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.
ATTEST:
� v � � iane Ctavier, Citerk
(City Seal)
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY: 4. �•�ita•
George Neugent, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: , ze �' 1-1
Assistant County Attorney
APPROVED AS TO FORM AND LEGALITY FOR THE USE
AND RELIANCE HE CITY OF MARATHON, FLORIDA ONLY:
BY: /-- 17 JA�':t
D id igut
City Attorney
FA
Deputy Clerk
THE CITY OF MARATHON, FLORIDA
From: Carlos Solis <Solisc@ci.marathon.fl.us>
Sent: Thursday, August 2, 2018 10:15 AM
To: Jones-Rich <Jones-Rich@ Mon roeCounty-FL.Gov>
Subject: RE: Quay boat Ramp
Rich, wanted • know if we can get an extension on the grant for the Quay. As you can imagine Irma has
created all kinds of problem in getting some of these projects off the ground. We are ready to start
moving forward but don't think we can be completed by the end of September. Let me know. thanks
Carlos A. Solis, P.E.
Director of Public Works & Engineering
City of Marathon I Public Works
9805 Overseas Highway I Marathon, "L 33050
Office: 305-289-50081 Cell: 305-481-0451
solisc@ci.marathon.fl.us I www.ci.marathon.fl.us