08/12/1998 Agreement
LOCAL MITIGATION STRATEGY PLAN INTER-LOCAL AGREEMENT
THIS AGREEMENT is made and entered this J~ th day of A vq vs + ,
1998, by and between MONROE COUNTY, a political subdivision of the Stare of Florida, whose
address is 5100 College Road, PSB Wing II, Stock Island, Key West, FL 33040, hereinafter
referred to as "COUNTY," and ISLAMORADA, VILLAGE OF ISLANDS, Islamorada, FL
33036, hereinafter referred to as "ISLAMORADA."
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WHEREAS, the Department of Community Affairs has provided funding t~oe;::; 0
County to develop a unified Local Mitigation Strategy Plan in coordination with e~fthe\Gtieb
located within the County and consistent with the criteria established by the Depa~ ant\, ::0
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WHEREAS, the County agrees to coordinate with Islamorada in developij'a 6itifi~ g
local mitigation strategy plan and Islamorada agrees to participate and assign a repres~tat~ t~
the working group that is fully qualified, possessess the requisite skills, knowledge, qualifications
and experience to prr"'ide the Local Mitigation Strategy services as identified herein, and does
offer to perform such service; and
WHEREAS, the COUNTY has agreed to disburse the Local Mitigation Strategy Plan
funding to ISLAMORADA in accordance with the COUNTY'S agreement with the Department
of Community Affairs #98-LM-4H-1554-01-044; and
NOW THEREFORE, in consideration of the mutual understandings and agreements set
forth herein, the COUNTY and ISLAMORADA agree as follows:
1. TERM - The term of this Agreement is from the date set forth in paragraph 16
through July 31, 1999, unless earlier terminated as provided herein, except that the audit, record
keeping, correction of work, and refund requirements of DCA Agreement #98-LM-4H-1554-01-
044 will survive the termination of this Agreement.
2. SERVICES - ISLAMORADA will provide services as outlined in Attachment "A"
SCOPE OF WORK of DCA Agreement #98-LM-4H-1554-01-044, attached and made a part
hereof.
3. FUNDS - The total project budget to be expended by ISLAMORDA in
performance of the services set forth in Section 2 of this agreement shall be the total sum of
$15,000. The total sum represents the federal grant/state subgrant support in the amount of
$15,000. All funds shall be distributed and expended in accordance with the Payment and
Deliverables Schedule as defined in Attachment "A" SCOPE OF WORK of DCA Local
Mitigation Strategy Plan agreement, referenced in Section 2 of this agreement.
4. INCC:-J>ORA TION BY REFERENCE - The provisions of those certain
documents entitled "Department ofCommJnity Affairs, Division of Housing and Community
Development, Contract Number 98-LM-4H-1554-01-044" therefor and all laws, rules and
regulations relating thereto are incorporated by reference.
5. INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES -
both entities shall be governed by applicable State and Federal laws, rules, and regulations.
6. BILLING AND PAYMENT
(a) ISLAMORADA shall render to the COUNTY, at the close of each quarter, an
itemized invoice properly dated, describing the services rendered, the cost of the services, and all
other information required by the Program Director. The original invoice shall be sent to:
Ms. Deanna Lloyd, Grants Management
Public Service Building, Wing II
5100 College Road
Key West, FL 33040
(b) Payment shall be made after review and approval by the COUNTY, based on the
completion of activities identified in the scope of work, the submission of all deliverables within
the scheduled time period, and a determination by the Department of Community Affairs that the
City has satisfactorily completed the required activities and deliverables.
7. TERMINATION - This Agreement may be terminated by either party at any time,
with or without cause, upon not less than thirty (30) days written notice delivered to the other
party. The COUNTv shall not be obligated to pay for any services provided by the
ISLAMORADA after ISLAMORADA has received notice of termination.
8. ACCESS TO FINANCIAL RECORDS - ISLAMORADA shall maintain
appropriate fin~pcial records which shall be open to the public at reasonable times and under
reasonable conditions for inspection and examination and which comply with the DCA Agreement
incorporated in Section 5. RECORDKEEPING.
9. AUDIT - ISLAMORADA shall submit to the COUNTY an audit report covering
the term of this Agreement, within one-hundred twenty (120) days following the Agreement's
lapse or early termination and shall also comply with all provisions of the Agreement incorporated
in Section 16 STANDARD CONDITIONS.
10. NOTICES - Whenever either party desires to give notice unto the other, it must be
given by written notice, sent by registered United States mail, with return receipt requested, and
sent to:
FOR COUNTY
Ms. Deanna Lloyd, Grants Management
Public Service Building
5100 College Road
Key West, FL 33040
FOR PROVIDER
ISL ,'-1 NO (C (-}pA
VILL-()-Ge OF fSt.-fWDS
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Either of the parties may change, by written notice as provided above, the adresses or persons for
receipt of notices.
11. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from
the Florida Department of Community Affairs cannot be obtained or cannot be continued at a
level sufficient to allow for the services specified herein, this Agreement may then be terminated
immediately, at the option of the COUNTY, by written notice of termination delivered in person
or by mail to ISLNv::JRADA at its address specified above. The COUNTY shall not be
obligated to pay for any services provided by ISLAMORADA after the ISLAMORADA has
received notice of termination.
12. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Ageement
shall assign this Agreement or any interest under this Agreement, or subcontract any of its
obligations under this Agreement, without the written consent of the other.
13. EMPLOYEE STATUS - Persons employed by ISLAMORADA in the
performance of services and functions pursuant to this Agreement shall have no claim to pension,
worker's compensation, unemployment compensation, civil service or other employee rights or
privileges granted to the COUNTY'S officers and employees either by operation oflaw or by the
COUNTY.
14. INDEMNIFICATION - ISLAMORADA agrees to hold harmless, indemnify, and
defend the COUNTY, its commissioners, officers, employees, and agents and the DCA against
any and all claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from,
or related to the provision of services hereunder by ISLAMORADA, to the extent permitted by
Sec. 768.28,F.S (18).
15. ENTIRE AGREEMENT
(a) It is understood and agreed that the entire Agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof as well as any previous agreements presently in effect
between the parties relating to the subject matter hereof.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties.
16. This Agreement will take effect when a certified copy is filed with the Clerk of the
Circuit Court for the 16th Judicial Circuit.
IN WITNESS WHEREOF, the parties to this Local Mitigation Strategy Plan Inter-local
Agreement have caused their names to be affixed hereto by the proper officers thereof for the
purPQsesherein expressed at Monroe County, Florida, on the day and year first written above.
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J\pTpST: DANNY L. KOLHAGE, Clerk
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Deputy Clerk
OUNTY COMMISSIONERS
ECO~
Mayor/Chairman\
(Seal)
CITY COMMISSIONERS OF
ISLAMORADA
ATTEST
BY~~
Cler
By: