Item O09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19. 2004
Division: County Administrator
Bulk Item: Yes _
No X
Department: County Administrator
AGENDA ITEM WORDING:
1. Discqssion of the City of Marathon outstanding monthly solid waste billings which now amount to over $541,000
and proposed settlement otTer from the City Manager, Mr. Scott Janke, of $270,720.84 for resolution ofthe matter.
It should be noted that while the City Council has been informed ofthe proposed settlement otTer, no official
approval has been made by the Council to date.
2. Discussion ofthe proposed new inter-local agreement as drafted by the City of Marathon between the County,
the City of Marathon, and Marathon Garbage Service for solid waste services.
ITEM BACKGROUND: The City of Marathon incurred expenses for solid waste fees for the period of June
2003 through October 1, 2003, at which time legal operational responsibility for solid waste services within the City
of Marathon was officially transferred back to the County. The new franchise agreement between the County and
Marathon Garbage Service is still under negotiation.
PREVIOUS RELEVANT BOCC ACTION: The County Commission has developed a policy that all
residents participating in the solid waste program ofthe County would be treated equitably, meaning that the
County will not charge one area of the Keys more than another or require one area of the Keys to subsidize the
solid waste fees of another.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY:
Cowty Arty _
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #
OC\
Revised 1/03
CITY OF MARATHON, FLORIDA
10045-55 Overseas Highway, Marathon, Florida 33050
Phone: (305) 289-4130 Fax: (305) 743-3667
www.marathonflorida.org
April 21, 2004
APR 2 3 2004
Commissioner Rice
9400 Overseas Hwy., #210
Marathon Airport Terminal
Marathon, FL 33050
Dear Commissioner Rice:
I'd like to thank you for organizing a meeting between the City of Marathon and Monroe
County to discuss the issues surrounding solid waste payments. As I think you know, we
have all been working on this for over a year. As a result of our meeting on Monday,
April 19, 2004, I have discussed a possible settlement informally with each member of the
City Council. As a result of my discussions, I feel comfortable offering the County a cash
payment of $270,720.84 to resolve our differences.
I would also like to ask you once again to support an Interlocal Agreement between the
City of Marathon, Monroe County and Marathon Garbage Service as you move forward
with a long term relationship for solid waste services here in Marathon. A three party
Interlocal Agreement is the only way to insure a long term relationship. The Draft
Interlocal Agreement I sent to you can be amended to satisfy the County's concerns
regarding past solid waste costs. However, the agreement should include a 3% franchise
fee for the City of Marathon. Marathon Garbage Service is perhaps the heaviest normal
traffic using City roads. It is normal for a City to receive a franchise fee from solid waste
companies to help compensate the City for the costs of road maintenance and repairs.
Again, thank you for calling us all together to discuss this issue. I hope we can resolve it
soon. Please let me know if you have any suggestions regarding either our offer or the
Draft Interlocal Agreement.
Sincerely,
~~~
W. Scott Janke
City Manager
MEMORANDUM
TO: Commissioner David Rice
FROM:
, r
James L. Roberts
County Administrator
DATE: April 8, 2004
SUBJECT: Marathon Solid Waste Bills
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As you requested, I am enclosing the information concerning billing for the City of
Marathon for solid waste services at the County's franchise station. The billings cover the
months of services and the months of June, 2003 through October, 2003. The bills are as
follows:
Billing Date
6/30/03
7/301/03
8/301/03
9/30/03
Amount
$136,022.84
133,222.44
138,965.04
133,225.84
In addition, there are summary statements indicating a balance brought forward dated
October 31, 2003 of $541,436.15. That is repeated in an additional statement submitted to
the City dated November 30, 2003 and one dated December 31, 2003. There is another
statement dated Januaqr 31, 2004 and one dated February 29, 2004 and one dated March 31,
2004. Some minor adjustments of just a few dollars over that period result in $541,441.68
owed.
~D~~
James L. Roberts
County Administrator
JLR: dlf
Ene.
Ce: Board of County Commissioners
Reggie Paros, Public Safety Director
John R. Collins, County Attorney
Apr 07 04 11:52a
. It.. " t
Jam@s L Rob@rts Co Admin 305-292-4544
p. 1
MODI'OC County
Baanl of CountyCom:missionem:..
Office of the County Administrator
The Historic Gato Cigar Factmy
llOOSimontoD Street, Suite 205
Key West, FL 3304().
(305) 292-4441- Pbone
(305) 292-4544 - Fax
BOARD OF ~Nn COMMICIQlftII!!RS
Mayor Murray . Nelson, DIsb1ct 5
Mayor Pro Tem David P. Rice, DIstrIct 4
Dbcie M Spehar, DIstrIct 1
GeorgI! Neugent, District 2
Chades "Sonny- MtCoy, 0I&trict 3
QUNTY o!MONROE
KEY WERT ~ :'0RlDI\33lMO
(~.l!J94.441
'PR 7 r,u,... j
fl.. W - {' uti
AprilS, 2004
Mr, SCott Janke, Oty Manager
City of Marathon
10045-55 Overseas Highway
Marathon, Rorida 33050
Dear Mr. Janke:
On March 24, 2004; yoU respondecf to mv letter. <<March 11-1 2Q04, In reference to
the funds owed tG the County of Monroe by the Oty of Marat:boo for ,. for solid waste
services from June, 2003, through October, 2003. That amount totals Over $541,000 and
has been billed moothly~the.Oty--of-MaJathoR~ty ~ services and the
debt was incurred.
I shall attempt.to.respond'-ro- an-tile iSSues you rafsecfJn your fetter. However, a
short history might again be of some assistance. When the Oty of =thon incorporated,
the County was administering the.soIJd waste program and was wilt ' to continue that
relationship. That:meiIftt the- COuntywoufrt1:Ontlnueto.cfO all billings ~ provide services
through the efforts of theroca, franchisee and the -countY's transfer-statiOn. The Oty
subsequently utiDzed-its prerogatMr-an&'took-av6 ttlt:"coubut anct~ of the solid
waste program. The County was no longer dJtectly involved except tfiat the Oty, by It's
choice, continued to bring its solid waste to .the County'5transfer station. The price
charged by the Countyl- as & charged. on behalf of altareasJrt tbe. Q)unty utilizing the
transfer station, was and 15$92 per1on. Thfs cost coveredhaul-out oftf1e soUd waste and
other expenses.
Marathon attemptectttJ revrsetfte program ~ as we underst.@nd It, changed the
method of billlno- and WiSe attemptirq to,change the unc:ierstandIrl as., It existed for years
with the franchisee. When Marathon. bIffed resk:tents,it was unable to obtain sufficient
revenue to operate: tbe.:.prograID-attba sama Ieve. As-l rer.aa,. ~matefy two years
ago, the funds owed-to- the County- were-inttle--neiQhborhood- of $1.2 mHuon.
Apr 07 04 11:52a
James L Roberts Co Admin 305-292-4544
p.2
'1 I t \
For example, it is the COUnty'S Ul'ldersl:andmg that Marathon reduced the billings to
duplexes and muttHamilystructures by $-37 per unit per,year,. tteetw creating a lower
revenue stream and.. contributing to the probfem. In addition, Marathon paid a private
management company. a- fee, to. manage- the-soIid. waste-progt at'tJ-(rl!puted to be about
$25,000 per year), whidl also reduced available funds. We understahd that billing and
collection proI)It:w II:; fed to-forther erosiOn orrevenue.
Subsequent to the seating of a new Council, Marathon ~ a genuinely
cooperative attitude with the County and -began paying its arrear.; :Over a number of
months. Ultimately, Marathon came .0Jrreftt .with. tbe:..biIIlngs.-~payments and up
through June of 2003 was making payments for the services rece1ved. Because of that
level of cooperation, the'~.comm~ agteed wittt'the"~ of the Oty of
Marathon once again to manage and operate the solid waste ~m. The O>unty
fulflJled its responsibiIItte ~on "OCtofierf, 2OCB, legal operational responsibility was
transferred to the County. The County~ undertoak.direct.biUingJ:hmugl the Tax Collector
and resumed its former retationship with the franchisee. In fact, -bec::ause of the changes
made to the soIklwaste.:roIl:....tbe:~it"was-neasaryfOF-~ty to hire a special
consuttant who restructured the solid waste (()II in a manner that Would be fair and
efficient and ref1ed-aIHhe-1.I5eI'S' of the solid w~b: JJI~'dudnthe CIlY'of Marathon. l11at
Consultanrs cost was $24,954.50 and was not billed to the City as part of the cost of
assuming the responsitiiIiti-oflfie f'I"09ialn.
From Ju~ 2003""througft 0Ctiltier X, 2003;' the CifYof Maralttqp continued to use
the services of the County's transfer. statton and, incurred expense. '(au are correct, we
have discussed this many times and I was quite 5Ufptised to see somed the comments in
your letter.
First of aU, the otyancrCOunty fiave been attempttngto work together on this issue
for Quite some time. Up. to, June-of 2003,- it appeared- as thougb ltlatrelptionship was quite
solid. There was a meeting with you, me and Mr, Rosasco and we did-biscuss the issue of
unpaid solid waste:.tees- Attbat-time;-you..iAformed -us:-that-YGQ--had-pald us everything
that you had collected for sofid waste and there wasn't any more money to pay the
COUIlty. We discussed-a--proposed InterIocaI agteenlet4 whidll.ad wme from the aty and
I explained to you that agreement placed aU the liability back on the County, induding for
the period during whfCfi tfle COunty did not have soIidwasteresponJibilities in the City.
Such an approach WOlJIdMt be~bIe to the County.
You did request the inclusion of the franchise fee for the Oty in a franchise
agreement which was, at that time -and still is today, under negotiatjonJor renewal. I have
told you that is OR-.the- tab10 during. negotiations... ~LsbaIl~ to my County
Commission withhow-thosenegotiations are PIOCeeditagTather1f1an repbrting to you first.
Also, Marathon'tlas-r~Ie(fan agreement witfi tfielOcaf lianchIJee to pick up saUd
waste at nine (9) Oty owned propedies.for free.. with the. stated_ ~ to replace the
need for a franchise fee for the Oty. This is. an estimated annual benefit to Marathon of
over $60,000.
Apr 07 04 11:53a
James L Roberts Co Admin 305-282-4544
p.3
I should also point. out that what you are asking the COunty ~ do ;s to place the
cost on your otizens under. the County's name that Marathon Wa5- unwilling to do when it
had control of the solid waste program. The County agreed to take--o'kr the program for
the purpose-of removing-~€ity from~pr~,as thatit-haEte'1couNered. It seems to
me that if the Qty WQuld like to have funds raised that would be. paid ~ to the Oty for
purposes such as maintenance of your roads, i would be ~Jor the Oty to levy
that revenue-1n~fasRiotHather ~e the County do it.
Also, prior to you coming to Marattlonr the County Com~, in reference to
issues involving the City of Marathon solid waste, developed a .poIicy-lhat al' people who
were covered by tile. soIk1 wasle.:prngram_~_in~c.ounq would be treated
fairly and equa'ly. The COmmission said that it woufd not charge one area of the Keys
more than another and:wookfFf9t-eJEpert one-aree ofthe-Keys'to-~ize the sorld waste
expenses of another.
As you st:ate'inyour fetter~.me- Olunty- aoo-tfie CIty dO wantJi> maintain a strong
cooperative relationship.. That is why when you and I were speak~ Mayor Nelson
outside of the meeting.room of theGovemor and cabinet just a -few. ago and the
solid waste iS5UeS:-~up,..l.-wa~upte.a5tanishedto heac~lW-~~ing to the effect
"I've wiped that obligation off the books.'" I know the 1IIayor was qufi surprised to hear
that also. The faet--of the matter is that the OtyofMatatt,un '-Ul'lih~ from June through
October of 2003 to utilize the services of the County transfer station and has not
compensated the COUnty fOr mat use. EVen though you may. not JIave any executed
agreements as youJlave.ideAtified; the my has-paid~e<pense5:.A the past and there
is no justification for suddenfv disoontinuing1hepayments. j
I believe it' woukt1.Jeim~ taut ftnetumto ttyfiig f() sofVeE!E-If1e rather than
raiSing specious issuesk I am--wiUing._to_take- In the- County -'on a reasonable
suggestion of how the funds that are owed can -be paid. As fang as County continues
tD manage the sotid.waste--9,~h-within the-City.UmiU. Ma.aUGl sbaqId not be incurring
future expense. Therefore, the satisfaction of the bills that are oWed would relieve
Marathon of sofkt waste"'lIr\andat ~ Iryou have a ~, other than just
having. the COUnty. raise. U:te--mooeyfor ~. please let me know- and, I shaD be glad to
evaluate it and provide-a recommeRdatiOR--the--toonty Q)mffti5SiOr\.
Very truly yours,
~-6---. ~~
James L. Roberts
~nty Administrator
JlR:d1f
Cc: Board of Couflty Commissioners
Reggie ParaS,. Public Safety
INTERLOCAL AGREEMENT
FOR SOLID WASTE COLLECTION
THIS AGREEMENT (the "Agreement") is dated the day of
, 2003 by and between the CITY OF MARATHON, a Florida municipal
corporation (the "City") and MONROE COUNTY, FLORIDA, a political subdivision
of the State of Florida (the "County").
BACKGROUND
WHEREAS, Chapters 125 and 166, Florida Statutes, allow counties and
municipalities to contract for services to be rendered by the County to the City and
by the City to the County, and pursuant to Resolution No 02-07-90 and Chapter 8 of
the Monroe County Code, the City has requested inclusion in the County's
Municipal Service Benefit Unit (the "MSBU") for the collection, transfer and
disposal of residential solid waste; and
WHEREAS, the City desires to contract with the County for the collection,
transport, and disposal of all residential solid waste in the City ("Solid Waste
Services") until such time as the City is included in the Monroe County Solid Waste
Municipal Service Benefit Unit; and
WHEREAS, the City has adopted Ordinance No. _, a Master Service
Assessment Ordinance (the "Ordinance") and Solid Waste Assessment Resolutions
No. 02-07-_ and 02-09-111 (the "Resolutions") and pursuant to such documents the
City has assessed a residential solid waste collection fee for Fiscal Year 2002-03 in
the City (the "Assessments"); and
WHEREAS, the City shall utilize the Assessments to pay for residential Solid
Waste Services provided by the County to the City.
NOW THEREFORE, in consideration of the mutual covenants and conditions
contained herein, the City and County agree as follows:
1. Solid Waste Services.
The County shall be the City's franchisee for the purposes of providing the
following services (the "Services"):
1.1 The County shall be responsible for the collection, transport, and
disposal of all residential solid waste generated within the boundaries
of the City, as such boundaries are specified in Exhibit "A" of this
Agreement.
1.2 The services provided by the County shall also include the collection,
transport, and disposal of all solid waste generated from any City
operated facilities existing currently or subsequently under control
and/or ownership by the City.
1.3 The County shall be responsible for all customer service issues,
including providing contact person(s) for the City's residents to use to
promptly address any service issues and to respond to any and all
matters relating to customer service concerns.
2. Compensation.
2.1 For all of the Services provided by the County for Fiscal Year 2002-03,
the City shall pay the County the total collections received by the City !rom the
Assessments.
2.2 The payment by the City required under Paragraph 2.1 shall be
remitted to the County on a monthly basis. [quarterly?] The amount of the monthly
payment shall be equal to the actual Assessment funds received by the City for the
month proceeding the payment from the Monroe County Property Appraiser.
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2.3 For all of the Services provided by the County for subsequent Fiscal
Years, the County shall assess the residential properties located in the City as part
of the County's Solid Waste Municipal Service Benefit Unit and retain the funds
collected within the Unit as full payment for the provision of the Service.
2.4 If for any reason the parties are unable to meet any statutory
requirements to include the City in the County's MSTU for assessments starting
Fiscal Year 2003-04 as specified in Paragraph 2.3, the City shall take all steps
necessary to levy the assessment through the City's Ordinance and Resolutions for
Fiscal Year 2003-04 and shall remit the same to the County in the manner provided
in Paragraph 2.2.
2.5 In recognition of the fact that the County in performing the Services
contemplated under this Agreement shall have heavy equipment and vehicles
utilizing the City's streets and rights of ways, and recognizing that such equipment
causes wear and tear to the City's roadway system, the County shall pay the City
an annual franchise fee of 7.5% of the total solid waste assessments collected from
properties withm CIty limits.
3. Term and Renewal.
2
3.1 Upon execution by both parties, this Agreement shall be effective
retroactively to October 1, 2002, and shall remain in effect through
September 30, 2003, unless earlier terminated in accordance with
Paragraph 5. (the "Term")
3.2 Unless the City notifies the County in writing of its intent to terminate
this Agreement by March 1 of any subsequent year, the Term of this
Agreement shall automatically renew with no further action by the
parties.
3.3 If such Notice of Termination as specified in Paragraph 3.2 is given, this
Agreement shall terminate upon the expiration of the then current
annual Term, and following the last day of the current annual Term, the
parties shall be relieved of all rights and obligations hereunder, except
for any rights and obligations that expressly survive termination.
3.4 The definition of "Term" shall include all renewal terms hereof.
4. Subcontracts.
4.1 In providing the Services contemplated by this Agreement, the parties
recognize that the County may subcontract with a third party(ies) to
provide the actual collection, transport and disposal of the City's solid
waste.
4.2Any third party contracts entered into between the County and any third
party vendor shall not create any privity between the City and the third
party, nor shall any third party vendor be considered a third party
beneficiary of the rights of the County under this Agreement.
4.3 The County shall be responsible for any violations of applicable state,
federal, County or City laws, rules or regulations made by the County's
vendor{s) in performing any services contemplated in this Agrement.
4.4Any contracts with any subcontractors entered into by the County shall
include provisions for indemnification, insurance and customer service
standards matching those provisions in this Agreement.
5. Termination and Default.
3
5.1 In the event of any failure of compliance by either party hereto with
any of its obligations to the other party as provided for herein such
action shall constitute a default under this Agreement.
5.2 Upon any such default, the non-defaulting party shall provide to the
defaulting party a written Notice of such default, which Notice (a
"Default Notice") shall state in reasonable detail the actions the
defaulting party must take to cure the same.
5.3 The defaulting party shall cure any such default, within 30 days
following the date of the Default Notice.
5.4 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.
5.5 In the event the defaulting party fails to effect 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 Notice to the defaulting
party, to terminate this Agreement.
5.6 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.
6. Indemnification.
6.1 To the extent permitted by law and subject to the prOVISIOns and
monetary limitations of Section 768.28, Florida Statutes, the City does
hereby agree to defend, indemnify and hold the County 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, its officials,
agents or employees, in connection with this Agreement
4
6.2 To the extent permitted by law and subject to the prOVISIons and
monetary limitations of Section 768.28, Florida Statutes, the County does
hereby agree to defend, indemnify and hold the City, its officers, 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 County or any third party vendor contracted by the County in
connection with this Agreement.
7. Customer Service Standards.
7.1 The County shall maintain the Customer Service Standards specified in
Exhibit "B." [this would include complaints, restoration of driveways
from truck damage, cleaning up spilled garbage, and that sort of stuff]
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8. Notices. All notices, requests, demands, elections, consents, approvals and
other communications hereunder must be in writing (each such, a "Notice")
and addressed as follows (or to any other address which either party may
designate by Notice):
If to Countv:
Mr. James Roberts
County Administrator
Monroe County
Public Service Building, Wing II
5100 College Road, Stock Island
Key West, Florida 33040
With a copy to:
County Attorney
310 Fleming Street
Key West, Florida 33040
If to Citv:
William Scott Janke
City of Marathon
11045-55 Overseas Highway
Marathon, Florida 33050
Attn: City Manager
With a CODV to:
Nina Boniske
Weiss, Serota, Helfman, Pastoriza & Guedes, P .A.
2665 S. Bayshore Dr., Suite 420
Miami, Florida 33133
Attn: City Attorney
5
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;
facsimile; or sent by overnight delivery service.
9. Insurance.
9.1 The City and County agree to insure and/or self insure their respective
interests in connection with personal injury, death and personal property
damage to the extent each deems necessary or appropriate.
9.2 The County shall require any subcontractor performing the Services
contemplated in this Agreement to maintain throughout the duration of
this Agreement the following insurance coverages:
9.3 The County shall require any subcontractor to name the City as an
additional insured on any policies.
10. Rewatorv Powers.
10.1 Nothing contained herein shall be construed as waiving either party's
regulatory approval or enforcement rights and obligations as it may
relate to regulations of general applicability which may govern the
Agreement.
10.2 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.
11. Attornevs Fees and Waiver of Jury Trial.
11.1 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.
11.2 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.
6
12. Governin~ Law.
12.1 This Agreement shall be construed in accordance with and governed by
the laws of the State of Florida. Exclusive venue for any litigation
arising out of this Agreement shall be in Monroe County, Florida,
Middle Keys Division of the Circuit Court or the Southern District of
Florida.
13. Entire Agreement/ModificationlAmendment.
13.1 This writing contains the entire Agreement of the parties and
supercedes 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.
13.2 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.
14. Access to Records and Audits.
14.1 The City Manager or his designee shall, during the term of this
Agreement and for a period of three (3) years from the date of
termination of this Agreement, have access to and the right to
examine and audit any Records of the County or its
subcontractors involving transactions related to this Agreement.
14.2 The City may cancel this Agreement for refusal by the County,
or the County's subcontractor, to allow access by the City
Manager or his designee to any Records pertaining to work
performed under this Agreement that are subject to the
provisions of Chapter 119, Florida Statutes.
14.3 The term Records shall refer to any documents, books, data
(electronic or hard copy), papers and financial records that
result from the County or its subcontractors performance of the
Services provided in this Agreement.
15. Nonassilrnability.
15.1 This Agreement shall not be assignable by County unless such
assignment is first approved by the City.
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15.2 The provisions of this Section shall not prohibit the County from
utilizing the services of subcontractors to perform the Services
contemplated in this Agreement.
16. Severability.
16.1 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.
17. Indevendent Contractor.
17.1 The County and its employees, volunteers and agents shall be
and remain independent contractor and not agents or employees
of the City 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.
18. Waiver
18.1 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.
19. Survival of Provisions
19.1 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.
20. Counterparts
20.1 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.
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IN WITNESS WHEREOF, the parties execute this Agreement on the
respective dates under each signature: The City, signing by and through its City
Manager, attested to by its City Clerk, duly authorized to execute same and by
County by and through its Mayor, attested to by the Clerk of the Court.
ATTEST:
CITY OF MARATHON, FLORIDA,
a Florida municipal corporation
By:
By:
Cindy L. Ecklund, City Clerk
William Scott Janke
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY FOR THE
USE OF THE CITY ONLY:
By:
City Attorney
COUNTY:
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, a political subdivision
of the State of Florida
ATTEST: DANNYL. KOLHAGE
By:
By:
Deputy Clerk
Mayor/Chairman
(SEAL)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
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By:
County Attorney
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