Item J2J.2
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy, District 5
The Florida Keys l'U � Mayor Pro Tern Danny Kolhage, District 1
�pw° Michelle Coldiron, District 2
Heather Carruthers, District 3
David Rice, District 4
County Commission Meeting
August 21, 2019
Agenda Item Number: J.2
Agenda Item Summary #5808
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 Village of Islamorada (City) reimbursing the City in an amount up to
$10,000 from Boating Improvement Funds (BIF) for costs to be incurred by the City during FY'20
for regulatory buoy maintenance.
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 Village of Islamorada in the amount
of $10,000 in March 2018 for costs anticipated to be incurred by the Village in FY'20 for regulatory
buoy maintenance. The Board approved the selection of the Village for BIF funding at its May 22,
2019 BOCC meeting, providing funding of $10,000, and directed staff to prepare an Inter -Local
Agreement (ILA). The attached ILA provides for BIF reimbursement funding to the Village
subsequent to the performance of services and payment for those services in FY'20, 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 municipalities throughout the county.
May 2012 - Approval of selection of BIF funding requests including $30,000 to the Village of
Islamorada, $30,992 to the City of Marathon and $34,700 to the City of Key West, and direction to
draft ILAs to award said funding.
July 2012 - Approval of ILAs between the County and the Village of Islamorada, the City of
Marathon, and the City of Key West.
June 2013 - Approval of selection of BIF funding requests including $25,000 to the City of
Marathon, and $20,000 to the Village of Islamorada, and direction to draft ILAs to award said
funding.
July 2013 - Approval of ILAs between the County and the City of Marathon and Village of
Islamorada.
May 2014 - Approval of selection of BIF funding requests including $22,500 to the Village of
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Islamorada and $24,000 to the City of Marathon, and direction to draft ILAs to award said funding.
July 2014 - Approval of ILAs between the County and the Village of Islamorada and City of
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 ILAs to award said
funding.
July 2015 - Approval of ILAs between the County and the Village of Islamorada and City of Key
Colony Beach.
July 2015 - Approval of Amendment No. 1 to ILA between Monroe County and the City of
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 said 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 the City of Marathon for $30,000 (partial funding), and direction to
draft ILAs to award said funding.
September 2017 - Approval of ILA between the County and the Village of Islamorada for $10,000.
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.
July 2018- Approval of ILA between the County and the Village of Islamorada for $10,000.
May 2019- Approval of selection of BIF funding request from the Village of Islamorada for
$10,000, and direction to draft an ILA to award said funding.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Interlocal Agreement with Village of Islamorada
FINANCIAL IMPACT:
Effective Date: 10/1/2019
Expiration Date: 9/30/2020
Total Dollar Value of Contract: $10,000
Total Cost to County: $10,000
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
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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'20 budget
h]MA1of11:I16
Cheryl Cioffari
Completed
Steve Williams
Completed
Assistant County Administrator Christine
Hurley
07/29/2019 4:19 PM
Budget and Finance
Completed
Maria Slavik
Completed
Peter Morris
Skipped
Kathy Peters
Completed
Board of County Commissioners
Pending
$10,000.00
07/25/2019 2:04 PM
07/26/2019 11:30 AM
Completed
08/01/2019 10:08 AM
08/02/2019 11:23 AM
07/31/2019 8:09 AM
08/02/2019 12:39 PM
08/21/2019 9:00 AM
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INTERLOCALAGREEM ENT
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THIS Ill TERLOCAL AGREEMENT(Agreement) is entered into as of this - day of >%
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2019, between the Board of County COTTIMissionC
ers of Monroe ounty, Florida,
a, political subdivision of the State of Florida (the "COUNTY" or "BOCC") and Islarnorada,
Cb
Village of Islands, a municipal corporation organized and existing under tlie laws of the State of
Florida (the "CITY" or the "CONTRACTOR"),
WITNESSETH:
WHEREAS, the COUNTY routinely uses State Boating Improvernent FUnds (BIF) for
recreational boating related projects within the various rriunicipalities; and
WHEREAS, the CITY has requested that the COU'NN'Y provide reimbursement funding
in the arnount of $ 10,000 from BIF for., costs to be incurred duririg FY'20 for regulatory buoy
maintenance; and
WHEREAS, the above expenditures are qualified expenditures frorn the State 13117; and
WHEREAS, at the ME�y 22, 2019, regular BOCC rnecting the Board of County
Commissioners of Monroe County, Florida, approved the selection of the BII- funding request
submitted by the CITY and to provide funding in the amount of" S10,000 and directed staff to
prepare an Inter-L,ocal Agreement-,
NOW THEREFOR.111 , in consideration of the mutual promises and covenants herein
contained, it is agreed bctween the COUN FY and the CITY as follows:
Section 1. Payment. "I'he COUNTY agrees to reimburse the CITY for costs incurred in
FY'20 as follows:
1.1 The foregoing recitals are true and correct and are hereby incorj:)orated as if
fully stated herein.
1.2 Paynnent in an amount riot to exceed $10,000 for regulatory buoy
Maintenance.
13 To receive payrnent, the CITY shall. submit all requests for payment arid
applic6ble invoices to th.e Senior Administrator of the COUNTY's Marine
Resources Office by September 1, 2020. The invoices niust describe the
sex -vices perforrned, together with proof that payMent has been made to the
CITY'S sub-contractor(s), All documentation shall be forwarded to the
County (..,'Ierk for payment. Any other documentatioin requested by the Clerk
shall be provided.
LA 13y submitting a request for payrnent the CITY represents that it has complied
with all of its purchasing requirements,
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L5 Funding of this Agreement is contingent upon an annual appropriation by the
COUT141-Y.
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Section 2. Terin. 0
2.1 This Agreement shall becorne effective upon execution by both parties
12 If' such Notice of Termination as specified in Section 3 is given, this Agreement
shall tenninate within five (5) days diereof.
Section 3. Termination and Default.
3A 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.
12 Upon. any such default, the nori-defaulting party shall provide to the
defaulting party a written Noticc of such default, which Notice (Dcflault
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 rernairis 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 tfian 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 terinination 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 conipletion of
perfomiance,,
3,5 In the event the deflaulting 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 parly, to terniinate t1tis
Agreement.
16 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.
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Section 4. Indeynnification.
4.1 1'o 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 tlie COUNTY, its officers,
agents, or employees, harrriless from and against any and all liability,
darnages, 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 ury or any third party vendor contracted by the CITY irl
connection with this.Agreement,
Section 5. Notices.
5.1 All notices, requests, demzuids, elections, consents, approvals and other
communications hereunder inUst be in writing and addressed as follows, or, to
any other address which either party may designate to the other party by TnaH.-
If to Monroe Coi
Roman Gastesi, Jr.
County Administrator
Monroe County
Historic Mateo Building
I 100 Simonton Street
Key West, Florida 33040
Wigll a c y_tp: Robert B. Shillinger, Esq,
. ....... . ....
Nionroe County Attorney's Office
I I I I 12'h Street, Suite 408
R0. Box 1026
Key West, Florida 33041-1026
!L 11 Seth L awless
Y`
Village Manager
Islar-norada, Village of Ishaids
86800 Overseas Highway
Islarnorada, FI, 33036
Wit6n a.lcovxig: Roger V. Bryan, Esq.
Village Attomey
Ishu-norada, Village of Islands
86800 Over -seas High way
Islarnorada, 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 deem ed to lixve been duly given if sent by
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certified mail, return receipt requested, postage arid fees prepaid; hand delivered; or sent by
overnight delivery sex -vice.
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Section for. Regulatory Powers. 0
6.1. Nothing COTItairied herein shall be construed as waiv I i I ng either party's
regulatory approval or enforcement riglas or obligations as it may relate to
regulations of gerieral al,,.)plicability, w1dch may govern the Agreement,
6,2 Nothing herein shall be deerned to create an affirmative duty of either party
to abrogate its sovereign right to exercise its police powers and governmental
powers by approvirig or disapproving or taking any other action in
accordance with ordinances:, rules arid regulations, fiederal laws arid
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 Agreerrient, the prevailing
party shall be entitled to recover its attomeys' 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 tire 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 (' .)r mediation
arising out of this Agreement shall be in the 16"' Judicial Circuit in and for
Monroe County, Florida. This Agreeaient is not subject to arbitration.
Section 9. Access to Records and Audits.
U The crry shall comply with all public records and records retention
req-uirernents mandated by Section 24, Article 1, of the Florida Constitution,
and Chapter 119, Florida Statutes, and shall keep such records as are
necessary to document the perforimince of the Ag.,Teenient arid expenses as
incurred, arid 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 ofCITY 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 firer a. period of five (5) years following
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execution of this Agreement, CITY understands that it shall. be responsible
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for repar�nent of any anau d all dit exceptions which are identified by the M
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Auditor General for the State of Florida, the Clerk of Court for Monroe >%
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County, the Board of County Commissioners for Monroe County, or their
agents and representatives,, COLJNTY shall bill CITY flor the an-lount of the
audit exception and CITY shall promptly repay any audit exception,
Flowever, COUNTY warrants and represents that it has full authority to fund 0
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the Project under the tenns and conditions specified herein. The COL)NTY CD
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and CITY shall allow and permit reasonable access to, and inspect ion oaf', all 1=�
dourneras, papers, letters or- other materials in its possession or under its
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control subject to th.e provisions of Chapter 119, Florida, Statutes, and made &M
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or received by the COU"N"I'Y and CITY in C011jUnction with this Agreement,,,
and the COshall have the right to unilaterally cancel this Agreement
upon violation of" this provision by CITY.
92 The COUNTY may cancel this Agreement for refusal by the CITY, or the
CITY'sLil:)contractor, to allow access by the County Administrator or his
designee to any Records pertaining to work performed. under this Agreement
that are sub,ject to the provisions of Chapter 119, Florida Statutes.
93 'The term "public records" and "irecords" shall be the sarne as such teirn has
been defined in Chapter 119, Florida Statutes, including but not linlited to
any documerits, books, data (electronic or hard copy), papers and financial
records that result frorn the CITY or its subcontractors performance of the
Services provided in this Agreement.
9.4 If the inspection or audit discloses that, COLINTY funds paid to the CITY'
under this Agreemerit were used for an purpose not authorized by this
Agreement, then the CITYmust refund the ffinds improperly spent with
interest calculated pursuant to Section 55.03, Florida Statutes, with interest
running from the date the COUNTY paid the improl:)erly spent funds to the
CITY. This paragrapwill survive the terinination of this Agreement.
9.5 The COUNTY and CONTI?,ACTOR. shall allow and permit reasonable
access to, and inspection of, all documents, records, papers, letters, or other
"public record" materials in its possession or under its control sub ' jet ion the
provisions of Chapter 119, Florida Statutes, and made or received by the
COUNTY arid CONTR-ACTOR in conJunction with and in connection with
this Agreernent and related to Al.-;reement performance. The COUNTY shall
have the right to unilaterally cancel this Agreement upon violation of this
provision by the CONTRACTOR,, Failure of the CONTRACTOR to abide
by the terms of this provision shall be deemed a material breach of this
Agreement and the COLINTY may enforce the terms of this provision in the
fbrm of a court proceeding and shall, as as prevailing party, be entitled. to
reirnbursernent of all attorney's f6es and costs associated with that
proceeding. This provision shall survive any ten-nination or expiration of the
Agreement.
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9.6 The CONTRACTOR is encouraged to consult with its advisors about Florida
r-
Public IE cords Law in order to comply with this provision. Pursuant to F.S. E
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119.0701 and the terryis and. conditions of this Agreement, t.be >%
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CONTRACTOR is required to:
(1) Keep and maintain public records that would be required by the
COUNTY to peribrni the service.
(2) Upon receipt from the COUNTY's custodian of records, provide the
COUNTY with a. copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not
exceed the cost provided in this chapter or as otherwise provided by law.
(3) 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 terrn and following
completion of the Agreement if the CONTRACTOR does nor transfer the
records to the COUNTY.
(4) Upon completion, of the Agreement, transfer, at no cost, to the COUNTY
all public records in possession of the CONTRLAC"MR or keep and
maintain public records that would be required by the COUNTY to
perffirm, the service. Ifthe CONTRACTOR transfers all ptiblic records to
the COUN"IY upon completion of due Agreement, the CONTRACTOR
shall destroy any duplicate public records that are exempt or, confidential
and exempt frorri public records disclosure requirements. If' the
CONTRAC'FOR keeps and maintains public records upon completion of
the Agreement, the CONTRACTOR shall meo, all applicable
requirerrients for retaining public records. All records stored
electronically inust be provided to the C01JNTY, upon. request ftorn the
COLTN".1'Y's custodian of records, in a format that is compatible with the
information technology systems of the Clot.. ry.
(5) A request to inspect or copy public records relating to a COUNTY
Agreement must be ma,de directly to the COUNTY, but if the COUN FY
does not possess the requested records, the COUNTY shall immediately
notify the CONTRACTOR of the request, and the CONTRACTOR must
provide the records to the COUNTY or allow the records to be inspected
or copied within a reasoriable flans.
If the CONTRACTOR does not comply with the COUNTY's request for
records, the COUNTY shall enforce the public records Agreement provisions
in accordance with the Agreement, notwithstanding the COUN'll'Y's option
and fight to unilaterally cancel this Agreement upon violation of this
provision by the CONTRACTOR. A. CONTRACTOR.,who fails to provide
the public records to the COUNTY or, pursuant to a valid public records
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request within an reasonable time may be sub ect to penalties under Chapter
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"rhe CONTRAC"FOR. 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.
I.F THE CONTRACTOR HAS QUESTIONS REGARDING
"I"HE APPLI(.-'ATION OF CHAPTER 119 FLORMA
s"i"ArfliTE TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
AGR,EEMENT.,EA(.J THE CUSTODIAN 0F.M.]IBLIC
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RECORDS BRIAN BRADI. EY AT' P110NE# 305-292-3470
minim 111,nn . . . . ....... . . .........
BRAI)I.,,EY-BRIANk,�NION'ROECOUN'I'Y-FL.('�OV
...... ........ . ....................
MONROE COUNTY ATToRNEY'S OFFICE' 111.1. 12TH
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S�E29 ll E S 'Ut'8 FL 33040.
Section 10. Non- Assignalbility
10.1 This Agreement shall not be assigmable by either party unless such
assignment is first approved by both parties.
Section 11. No Third._ arty Beneficiaries.
11, Nothing contained herein shall create any relationship, contractual or
otherwise, with or, any rights in favor of, any third party. No person or entity
shall be entided to rely upon the terrns, or am any of the, of this Agreement to
enforce or attenipt to enf6rce any third -party, clairn or entitlement to or
benefit of any service or program contemplated hereunder, and the CITY
and the COUNTY agree that neither the CITY nor the COUNTY or any
agent, officer, or employee of either shall have the authority to inforni,
counsel.,, or otherwise indicate that'. any particular individual or groul:) of'
individuals, entity or, entities, have entitlements or benefits under this
Agreement separate and apart., inflerior to, or superior to the community in
general or for the purposes contemplated in this.Agreernent.
Section 12. Non -Waiver of Immunity.
12A Notwithstanding the provisions of Section 768.28, Florida Statutes, the
participation of the CF1`Y and the COUN"FY in this Agreement and the
acquisition of any commercial liability insurance coverage, self insurance
coverage, or local govemyrient fiability insurance pool coverage shall not be
deemed a waiver of immunity to the extent of liability coverage, nor shall
any contract entered into by the CITY or COUNTY be required to contain
any provision for waiver.
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Section 13. Privileges and Itnmunifies.
111 All of the privileges and immunities from liability, exemptions from laws, E
ordinances, and rules and pensions and relief, disability, workers' 0
compensation, and other lbenefits which apply to the activity of officers,
agents, or employees of any public agents or employees of the COUNTY,
when perfon,ning their respective ftinctions wider this Agreement within the
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territorial lin-fits of the CC LN"ry shall apply to the sarric degree and extent to CD
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the perforrnance of such functioris and duties of such officers, agents, 1=�
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volunteers, or employees outside the territorial lirnits ofthe C01JNTY, It -
Section 14. Independent Contractor.
14.1 The CITY and its employees, volunteers, agents, vendors and subcontractors
shall be and remain independent contractor and n(.:)t agents or employees of
the COUNTY with respect to all of the acts and services perfon-ned by and
under the terms of this Agreement. This Agreement shall not in any way be
constinied to create a partnershil:), association or any other kind of joint
undertaking, enteiprise or venture between the parties.
Section 15. Severability.
15,1 If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid
or unenforceable to any extent by a court of competent jurisdiction, the
remaining terms, covenants, conditions and provisions of t1iis Agreernent,
shall riot be affected 0-iereby; and each remaining tenn, covenant, condition
and provision ofthis Agreement shall be valid and shall be enfbrceable to the
fullest extent pen -nutted by law unless the enforcement of the remaining
terins, covenants, conditions and provisions of this Agreement would prevent
the accornplishment of the original intent of this Agreement, The COUNTY
and CITY agree to reform the Agi-eernent to replace any stricken provision
with a valid provision that comes as close as possible to tiie intent of the
stricken provision.
Section 16. Survival of'Provisions,
16. 1 Any terms or conditions of either this Agreement that require acts beyond the
date of the terrn of the Agreement, shall survive ternfination of the
Agreement, shall remain in full force and effect unless and until the terrris or
conditions are completed and shall befully enforceable by either party,
Section 17 Waiver.
IT 1 The failure of either party to this Agreement to obJect to or to take
affirrnative action with respect to any conduct of the other which is in
violation of the terms of this Agreernent shall not be construed as a waiver of
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the violation or breach, or of arty future violation, breach or wrongful
conduct.
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Section 18. Funding. 0
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I & I The parties agree that the COUNIY's responsibility under this Agreement is
to provide funding only.
Section 19. Authority.
19.1 Each party represents and warrants to the other that the execution, delivery
and performaTice of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law.
Section 20. Section Headings.
20° 1 Section headings have been inserted in this Agreetnent as a matter, of'
convenience of reference only, and it is agreed that such section headings are
not a part of this Agreernent and wifl not be used in the interpretation ofany
provision of this Agreement.
Section 21. Execution in Counterparts.
21 .l This Agreernent may be executed in any number of counterparts, each of
which shall be regarded as an original, all of which taken together shall
constitute one and tlie sarne instrument and any of the parties hereto may
execute this Agireernen t by signing any such counteilmt-t-
Section 22. Entire Agree mentfModif"ication/Amendirent.
22,1 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.
212 No agent, eiriployee, or other representative of either party is empowered to
modify or amend the terms of this Agyreement, unless executed with the sarline
formality as the parties' preceding duly executed Agreement,
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEVIF BLANK.]
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IN WITNESS WHEREOF', the parties hereto have executed this, Agreement as
indicated beow,
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA p
A111"Sl' Kevin Ma.dok,, Clerk,
BY:
Sylvia Murphy, Mayor
APPROVED ASTO F(.".)RM ANF)
LEGAI ST.JFFICIENCY BY:
Deputy Clerk
Ir
Assistant Monroe County Attorney
MONROE COUNTY ATTORNEY
APPROVW AS TO FORM
P R MORRIS
ASSISTANT CollTY TTORNEY
.. . . ......
Date
ATTEST: Kelly 'Foth, Village Clerk
Cleric
ISI..,AMOI, V]1,.,LAGE OF ISLANDS,
F1,0RIDA
. . .. ....... I
Seth LaWless, City Manager
Date: bw
APPROVII::"D AS TO FORMAND
LEGA11TYFOR THE USE AND
RELIANCE OF ISLAMORADA.,
V11.1...AGE OF ISLANDS, Fl..,ORIDA
ONLY"
261
BY:
Roget V. J,3r'V'au
mzmul
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