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Item L4 BOARD OF COUNTY COMMISSIONERS AGENDAITEMS~Y Meeting Date: Julv 18.2001 Division: County Administrator Bulk Item: Yes --X- No Department: County Administrator AGENDA ITEM WORDING: Approval of an agreement with the City of Marathon for the County to provide $492,332 from the Municipal Service Taxing Unit for growth management related purposes. ITEM BACKGROUND: As a result of negotiations to conclude issues surrounding the incorporation of the City of Marathon, the Board of County Commissioners agreed to share $492,332 for growth management related purposes. The City of Marathon has identified a project for utilizing those funds and the County Attorney's office determined that the funds can be used in that manner under the permitted uses of the taxing district. The agreement will provide the mechanism for those funds to be shared. PREVIOUS RELEVANT BOCC ACTION: As above. CONTRACT/AGREEMENT CHANGES: N/A ST AFF RECOMMENDATIONS: Approval TOT AL COST: $492.332 BUDGETED: Yes No COST TO COUNTY: $492.332 REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty ---X- OMB/Purchasing---2L Risk Management _ DIVISION DIRECTOR APPROVAL: r; ~ ~~~ ! I- ~ James L. Roberts DOCUMENTATION: Included A- To Follow Not Required_ AGENDAITEM# I-PI DISPOSITION: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY ~ Contract with: City of Marathon Contract # Effective Date: Expiration Date: Contract Purpose/Description: Approval of an agreement with the City of Marathon for the County to provide $492,332 from the Municipal Service Taxing Unit for growth management related purposes. Contract Manager: Debbie Frederick 4741 County Administrator/# 1 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on July 18,2001 Agenda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $ yGz t33Z Budgeted? YesD No 0 Account odes: Grant: $ County Match: $ Current Year Portion: $ ~-~-~- - - - ---- - - - ---- - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed 2cCt1el:JY; Division Director YesDNoGY d--- ~- ,)-/7-()J Risk Management YesDNoD O~./PurchaSing 1 \ 1u,1 DI YeSDNO~~t~ (),~~W r;~/7<-t County Attorney YesDNowt1(ch ~/flj, ')-/~ -OJ I Comments: I OMB Fonn Revised 2/27/01 MCP #2 JU~-l~-~l ~~,3~ ~KUM'MUN~U~ ~UUN~X M~~X urrl~~ IU'~U~~~~~~ID r,...u~ INTERLOCALAGREEMENT City of Marathon THIS INTERlOCAl AGREEMENT is entered by and between Monroe County, (County) a political subdivision of tYle State of Florida, whose address is Public Service Building, 5100 College Road, Key West, FL 33040 and the City of Marathon (City), a municipal corporation, whose address is PO Box 500430, Marathon, FL 33050, pursuant to Sec. 163.01, Fla. Stat. WHEREAS, the City has requested certain funds collected within the City but held in the account of the County Planning, Zoning and Building District, (District) to be used for recreational, park and beach purposes at Sombrero Beach Park within the City of Marathon: WHEREAS, Sec. 2-388(6), Monroe County Code, authorizes the use of District funds for the purposes listed above; and WHEREAS, the County desires to transfer the funds to the City but also desires to ensure that the funds are used for the purposes authorized by Sec. 2-388(6), Monroe County Code; now, therefore IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. The County shall pay $492,332 from the Planning, Zoning and Building District fund to the City for park, beach and recreational improvements at Sombrero Beach Park, subject to the following terms and conditions: a) As work on the Sombrero Beach Park improvements progresses, the City shall submit to the County copies of invoices, or other requests for payment however denominated, from City employed contractors or materialmen furnishing construction services or material to the Sombrero Beach Park, improvements describing the services or material furnished and the amount requested. If the County's Clerk of the Circuit Court, (the Clerk), after examination of the documents, is satisfied that the construction services or material were furnished for park, beach and recreational Improvements at Sombrero Beach Park then he shall pay the City the amount represented by each invoice up to $492,332. In no event does the County's obligation to pay the City under this agreement exceed $492,322. Nothing in this agreement may be construed to create JUL-16-01 09,30 FROH,HONROE COUNTY ATTV Urrl~~ IU,3052~2~~ID ....,'1\. I:. b/b on behalf of the County any privity with, or liability to, any City employed contractor, materialman or vendor. b) The~ City's financial records pertaining to this interlocal agreement must be kept according to generally accepted governmental accounting principles and must be made available to auditors employed by the Clerk, County or the State of Florida, during regular business hours (9 AM _ 5 PM, Monday - Friday, holidays eJ<cepted). If an auditor employed by any of the entities listed above determines that any of the funds paid to the City pursuant to this interlocal agreement were spent for a purpose not authorized by this agreement, then the City must repay the County the amount determined by the auditor to have been improperly spent plus interest calculated under Sec. 55.03, Fla. Stat., with the interest running from the date the auditor determined that the funds were misspent. The City must retain its financial records pertaining to this agreement for a minimum of three years beginning on the date the last payment to the City was made under this agreement. 2. In the event of any litigation arising under this agreement, the prevailing party is entitled to a market value attorney" fee plus costs. 3. This interlocal agreement will take effect on the signature date of the last party to execute it. An original of this interlocal agreement must be filed with the Clerk of the Circuit Court and the Clerk of the City. IN WITNESS WHEREOF, the parties hereto have set their hands and seals. (SEAL) AlTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUN1Y COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Mayor/Chairman Deputy Clerk Date (SEAL) ATTEST: CITY OF MARATHON, FLORIDA By By City Clerk Mayor Date JdioCOMp&b JUL-16-~1 ~S,3~ FRUM'MUN~U~ ~UUN1Y ~11. U~~I~~ IU,~~~~~~~bla r,""u,:;, ~,g Boord of County Commissioners RESOLUTION NO. .2001 A RESOWTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIOA AUTHORIZING THE MAYOR TO EXEOJ1'E AN INTERLOCAL AGREEMENT WITH THE CITY OF MARATHON FOR THE PAYMENT Of $492.332 OUT OF THe COUNTY PLANNINW. ZONIN6 AND aUILDIN& DISTRICT ACCOUNT. BE IT RESOLVED BY THE BOARD OF COUNlY COMMISSIONERS OF MONROE COUNlY. FLORIDA that: The Mtr'for is hereby outhorized to execute on beholf of the SOCC of Monroe County. Florida. an inter local agreement with the City of Marathon providing for the payment of $492,332 to the City for park, beach ond recreational purposes ot Sombrero Beach Pork. A copy of the interlocel agreement is attached to. and made 0 port of, this Resolution. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida. at 0 regular meeting of said Board held on the day of . 2001. Mayor George Neugent Mayor Pro Tem Nora Williams Commissioner Murray Nelson Commissioner Dixie Spehar Commissioner Charles McCoy (SEAL) Attut~ DANNY L.KOLHAGE. Clerk BOARD OF COUNlY COMMISSIONERS OF MONROE COUNlY. Fl..ORIDA By By Deputy Clerk Mtlyor IChairperson JdrcsCOMp6b APPROVED AS TO FORM At. ,.