Item I05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 15 September 2004
Division:
Growth Management
Bulk Item: Yes -X- No
Department:
Marine Resources
AGENDA ITEM WORDING:
Approval of an inter-local agreement with the City of Marathon to off-set the costs of vessel waste pump-out
within the City limits,
ITEM BACKGROUND:
The County received $250,000 in grant funds through the state Clean Vessel Act (CV A) program to assist in
off-setting the high cost of vessel waste pump-out in the Keys. Individuals, businesses or governments who
receive CV A funds are restricted from charging more than $5.00 per pump-out for a period of five years after
receipt of the grant. However, the true cost of pump-outs in the Keys, with the high cost of waste haul-out, is
between $15,00 and $20.00. The City of Marathon has imposed new regulations requiring pump-out of
anchored out vessels as well as liveaboards in marinas. The City is incurring some of the cost as they utilize
their two pump-out boats to assist in the cause. Marinas are also incurring high costs when they are complying
with the CV A grant requirements (either after receiving a CV A grant or voluntarily). The City has contracted
with a waste hauler to haul waste from their facilities and from any others who will comply with the $5.00 per
pump-out cap. This inter-local agreement will pay the costs of the City's haul out program for an amount up to
$50,000.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
New Inter-local Agreement
ST AFF RECOMMENDATIONS;
Approval
BUDGETED: Yes
SOURCE OF FUNDS:
No -X- AMOUN;J' )Per Month
; i
x
No
TOTAL COST:
up to $50.000
COST TO COUNTY:
$0
CV A Grant
REVENUE PRODUCING: Yes
APPROVED BY: County Atty -X-
DIVISION DIRECTOR APPROVAL:
Year
DOCUMENTATION:
DISPOSITION:
Included X- To Follow
Risk Managemen
AGENDA ITEM NO.:
..--
I-~
BC040910.doc
7/23/2004 11:08 AM
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Marathon Contract #
Effective Date: 09/04
Expiration Date: NA
Contract PurposeIDescription:
Interlocal Agreement providing funds to the City of Marathon to offset the cost of haul-
out for boat sewage
Contract Manager: Garrett 2507 Marine Resources / 11
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 9/15/04 Agenda Deadline: 8/30/04
CONTRACT COSTS
Total Dollar Value of Contract: $ 50,000
Budgeted? Yest8:\ No 0 Account Codes:
Grant: $ 50,000
County Match: $ 0
Current Year Portion: $ 0
- - -
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- - -
----
- - -
----
- - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eR. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Risk Management ~/ J -0--\
O.M.B./Purchasing q '~b-(
County Attorney 1/4t YesO NoD
Date Out
Changes
Date ITh Needed~,
Division Director <=1- 8/~r Y esO No~
Comments:
OMB Form Revised 2/27/01 MCP #2
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Marathon Contract #_
Effective Date: 09/04
Expiration Date: NA
Contract Purpose/Description:
Interlocal Agreement providing funds to the City of Marathon to offset the cost of haul-
out for boat sewage
Contract Manager: Garrett 2507 Marine Resources / 11
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 9/15/04 Agenda Deadline: 8/30/04
CONTRACT COSTS
Total Dollar Value of Contract: $ 50,000
Budgeted? Yescgj No D Account Codes:
Grant: $ 50,000
County Match: $ 0
Current Year Portion: $ 0
- - - -
-----
- - - -
-----
- - - -
-----
- - -' -
-----
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 Reviewer
Division Director - YesD NoD
Risk Management - YesDNoD
O,M.B./Purchasing - YesDNoD
County Attorney q. 2 fY-/- Yes0NoD f\tll ) 9.2;6~
Comments: VIll If'><. 0 ~.( -t ' . (' Vl(l JY.(~ -tv'tfYV1 "If) ......,)~'
(l ,- ('hI, ~(fry.
( I L- ~ -71 (' "::::'
OMB Form ReVised 2/27/01 MCP #2
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is entered into this 15th day of September, 2004
between Monroe County, a political subdivision of the State of Florida (hereinafter COUNTY)
and the City of Marathon, a municipal corporation organized and existing under the laws of the
State of Florida (hereinafter CITY).
WITNESSETH:
WHEREAS, COUNTY and CITY desire to enter into a joint participation agreement to
provide vessel wastewater haul-out services in Marathon, Monroe County, Florida in an amount
not-to-exceed $50,000.
NOW THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed between COUNTY and CITY as follows:
Section 1. Services. The CITY agrees to provide wastewater haul-out services to remove
vessel generated wastewater utilizing the CITY's pump-out vessel, at the CITY's Marina facility
or at private vessel pump-out facilities located within the CITY's limits and adjacent areas (the
"Haul-Out Services"). The CITY may invoice the COUNTY for such service no more
frequently than once per month. The invoice shall only include direct costs to the wastewater
hauler and shall document the volume hauled and the cost per gallon for wastewater transport
and disposal.
Section 2. Payment. The COUNTY agrees to reimburse the CITY for the Haul-Out
Services as follows:
2.1 Reimbursement on a monthly basis.
2.2 To receive payment, the CITY on a monthly basis shall submit an invoice to the
Director of the COUNTY's Marine Resources Department (the "Director"). The
invoice must describe the services performed, including waste volume hauled and
cost per gallon for services, together with proof that payment has been made to
the CITY'S contractor(s).
2.3 If the invoice is satisfactory to the Director, he/she shall forward the invoice to the
County Clerk for payment. If the Director or County Clerk determines that an
invoice contains an error or omission, then within fifteen (15) days of receipt of
the invoice, the Director or County Clerk (as appropriate) shall return the invoice
to the CITY with a written explanation of the error or omission. If the invoice
contains no error or omission, then the COUNTY shall pay the CITY within
tweBty (20) thirty (30) days of the Director's receipt of the invoice. If the invoice
is returned for correction, then the payment must be made within tweBty (2tl)
thirty (30) days of the date the County official who requested the correction
receives the corrected invoice.
U: \ Growth Management\ Marine Resources\ BOCC\2004 \ 04 September\ Interlocal Agreement - Monroe County - Wastewater
Haul-out.doc
8/19/2004 4:07 PM
2.4 The maximum amount the County is obligated to reimburse the City under this
Interlocal Agreement is $50,000.
2.5 The parties recognize that the CITY will enter into contractual operations with
third parties in order to perform the services required by this Agreement and that
the COUNTY shall be the funding source for a significant portion of the CITY's
cost of the Haul-Out Services. Accordingly, the County Clerk shall timely
process all invoices received from the CITY as provided hereinabove.
Section 3. Term and Renewal.
3.1 This Agreement shall become effective upon execution by both parties and shall
remain in effect through September 30, 2005 (the "Expiration Date"), unless earlier
terminated in accordance with Section 6 herein (the "Term").
3.2 Unless the COUNTY notifies the CITY in writing of its intent to terminate this
Agreement within sixty (60) days of the Expiration Date or of the expiration of any
renewal, the Term of this Agreement shall automatically renew with no further
action by the parties so long as the COUNTY has appropriated the necessary funds
to reimburse the CITY for the Haul-Out Service. In no event however shall the
Term exceed the term of the agreement between the CITY and its
vendors/subcontractors performing the Haul-Out Services contemplated under
this Agreement.
3.3 If such Notice of Termination as specified in Section 5 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.
Section 4. Subcontracts.
4.1 In providing the Haul-Out Services contemplated by this Agreement, the parties
recognize that the CITY may subcontract with a third party(ies) to provide the
actual collection, transport and disposal of the collected wastewater.
4.2 Any third party contracts entered into between the CITY and any third party
vendor shall not create any privity between the COUNTY and the third party, nor
shall any third party vendor be considered a third party beneficiary of the rights of
the CITY under this Agreement.
4.3 The CITY shall be responsible for any violations of applicable state, federal,
County or City laws, rules or regulations made by the CITY's vendor(s) in
performing any services contemplated in this Agreement.
Interloca1 Agreement - Monroe County - Wastewater Haul-out
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2
4.4 Any contracts with any subcontractors entered into by the CITY shall include
provisions for indemnification, insurance and customer service standards
matching those provisions in this Agreement.
Section 5. Termination and Default.
5.1 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.
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
written 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.
Section 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 COUNTY does hereby agree
to defend, indemnify and hold the CITY 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, its officials, agents or employees, in connection with this
Agreement.
6.2 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
Interlocal Agreement - Monroe County - Wastewater Haul-out
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3
defend, indemnify and hold the COUNTY, 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 CITY or any third party
vendor contracted by the CITY in connection with this Agreement.
Section 7. Notices.
7.1 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 County:
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:
John R. Collins, Esq.
County Attorney
310 Fleming Street
Key West, Florida 33040
If to City:
Mike Puto
Acting City Manager
City of Marathon
11045-55 Overseas Highway
Marathon, Florida 33050
With a copy to:
John Herin, Esq.
City Attorney
Steams Weaver Miller
Weissler Alhadeff & Sitterson, P.A.
150 West Flagler Street, Suite 2200
Miami, Florida 33130
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.
Section 8. Insurance.
Interloca1 Agreement - Monroe County - Wastewater Haul-out
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4
8.1 The CITY and COUNTY agree to insure or self insure their respective interests in
connection with personal injury, death and personal property damage to the extent
each deems necessary or appropriate.
8.2 The CITY shall require any subcontractor performing the Haul-Out Services
contemplated in this Agreement to maintain throughout the duration of this
Agreement the following insurance:
8.2.1 Commercial general liability in the amount of $1,000,000 per occurrence for
bodily injury and property damage. This policy must include coverage for
contractual liability and specifically cover the indemnity set forth in this
Agreement. The CITY must be named as an additional insured on this
policy.
8.2.2 Automobile and marine liability in the amount of $1,000,000 per occurrence
for bodily injury and property damage, covering all vehicles owned, leased
or used by the wastewater hauler within the limits of the County. The CITY
must be named as an additional insured on this policy.
8.2.3 Workers compensation and employer's liability, as required by Florida
Statutes.
8.2.4 All companies providing insurance shall be authorized to do business in the
State of Florida and rated B+:VI or better by Best's Key Rating Guild, latest
edition.
8.2.5 No change or cancellation of this insurance shall be made without 30 days
prior written notice to the City.
8.3 The CITY shall require any subcontractor to name the COUNTY as an additional
insured on any policies.
Section 9. Re2Ulatorv Powers.
9.1 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.
9.2 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 10. Attornevs Fees and Waiver of .Tun Trial.
10.1 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
Interloca1 Agreement - Monroe County - Wastewater Haul-out
8/19/2004 4:07 PM
5
expenses of any paralegals, law clerks and legal assistants, and including fees and
expenses charged for representation at both the trial and appellate levels.
10.2 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 11.
Governin2 Law.
11.1 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.
Section 12. Entire Airreement/Modification/Amendment.
12.1 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.
12.2 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 13. Access to Records and Audits.
13.1 The County Administrator 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
CITY or its subcontractors involving transactions related to this Agreement.
13.2 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.
13.3 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.
13.4 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 14. Nonassi2llabilitv.
Interlocal Agreement - Monroe County - Wastewater Haul-out
8/19/2004 4:07 PM
6
14.1 This Agreement shall not be assignable by either party unless such assignment is
first approved by both parties.
14.2 The provisions of this Section shall not prohibit the CITY from utilizing the
services of subcontractors to perform the Services contemplated in this
Agreement.
Section 15. Severabilitv.
15.1 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 16. Indeoendent Contractor.
16.1 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 17. Waiver.
17.1 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 18. Fundin2.
18.1 The parties agree that the COUNTY's responsibility under this Agreement is to
provide funding only. Accordingly, all subcontractors providing the Haul-Out
Services are in privity with the CITY only and may not seek direct payment from
the COUNTY, and that the COUNTY has no duty, liability or other obligation to
such persons. The CITY agrees to include a sentence similar to the foregoing in
all contracts entered into by the CITY for the Project.
Section 19. Aoolicable Laws.
19.1 In awarding contracts for the Haul-Out Services, the CITY agrees to abide by all
applicable CITY ordinances and state and federal laws.
Section 20. Survival of Provisions.
20.1 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
Interlocal Agreement - Monroe County - Wastewater Haul-out
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7
remain in full force and effect unless and until the terms or conditions are
completed and shall be fully enforceable by either party.
Section 21. Counteroarts.
21.1 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.
[fHE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.]
Interloca1 Agreement - Monroe County - Wastewater Haul-out
8/19/20044:07 PM
8
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first written above.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
Mayor/Chairperson
(SEAL)
ATIEST:
DANNY L. KOLHAGE, CLERK
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
BY:
ATTORNEY'S OFFICE
THE CITY OF MARATHON, FLORIDA
Jeffrey M. Pinkus, Mayor
ATTEST:
Cindy L. Ecklund
City Clerk
(City Seal)
APPROVED AS TO FORM AND LEGALALITY FOR THE USE
AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY:
City Attorney
L~~,'
BY:
Interloca1 Agreement - Monroe County - Wastewater Haul-out
8/19/2004 4:07 PM
9
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 15 September 2004
Division:
Growth Management
Bulk Item: Y es ~ No
Department:
Marine Resources
AGENDA ITEM WORDING:
Approval of an inter-local agreement with the City of Marathon to off-set the costs of vessel waste pump-out
within the City limits.
ITEM BACKGROUND:
The County received $250,000 in grant funds through the state Clean Vessel Act (CV A) program to assist in
off-setting the high cost of vessel waste pump-out in the Keys. Individuals, businesses or governments who
receive CV A funds are restricted from charging more than $5.00 per pump-out for a period of five years after
receipt of the grant. However, the true cost of pump-outs in the Keys, with the high cost of waste haul-out, is
between $15.00 and $20.00. The City of Marathon has imposed new regulations requiring pump-out of
anchored out vessels as well as liveaboards in marinas. The City is incurring some of the cost as they utilize
their two pump-out boats to assist in the cause. Marinas are also incurring high costs when they are complying
with the CV A grant requirements (either after receiving a CV A grant or voluntarily). The City has contracted
with a waste hauler to haul waste from their facilities and from any others who will comply with the $5.00 per
pump-out cap. This inter-local agreement will pay the costs of the City's haul out program for an amount up to
$50,000.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
New Inter-local Agreement
STAFF RECOMMENDATIONS;
Approval
BUDGETED: Yes
SOURCE OF FUNDS:
No ~ AMOUNYIPer Month
x
No
TOTAL COST:
up to $50.000
COST TO COUNTY:
$0
CV A Grant
REVENUE PRODUCING: Yes
APPROVED BY: County Atty ~
DIVISION DIRECTOR APPROVAL:
Year
DOCUMENTATION: Included
DISPOSITION:
To Follow ~
,-1-5
AGENDA ITEM NO.:
BC040910.doc
7/'23/200411:08 AM
AGENDA ITEM WITH LATE DOCUMENTATION
DIVISION:
DEPARTMENT:
GROWTH MANAGEMENT
MARINE RESOURCES
SUBJECT: _Approval of an inter-local agreement with the
City of Marathon to off-set the costs of a vessel waste pump-
out.
DATE ITEM WILL BE AVAILABLE:
09/07/04