Item N1 N.7
y;+ ' "tr, BOARD OF COUNTY COMMISSIONERS
County of Monroe , Mayor Michelle Coldiron,District 2
��
{sJ ` °' Mayor Pro Tem David Rice,District 4
-Ile Florida,Keys Craig Cates,District 1
Eddie Martinez,District 3
w � Holly Merrill Raschein,District 5
County Commission Meeting
October 203, 2021
Agenda Item Number: N.1
Agenda Item Summary #8452
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Celia Hitchins (305)289-2505
no
AGENDA ITEM WORDING: Approval of an Inter-Local Agreement (ILA) between Monroe
County and the City of Key West (City) Reimbursing the City In An Amount Up To $15,465.75
from Boating Improvement Funds (BIF) for Costs to Be Incurred by the City During FY'22 for
Dinghy Dock Improvements at Garrison Bight Marina.
ITEM BACKGROUND: The Monroe County Board of County Commissioners ("Board" or
"BOCC")provides Boating Improvement Fund(s) ("BIF") funding to the various municipalities for
boating and waterways related projects through an annual application and selection process. The
Planning and Environmental Resources Department's Marine Resources Office received a BIF
funding application from the City of Key West("City") in the amount of$15,465.75 in March 2021
for costs anticipated to be incurred by the City in FY'22 for security lighting and potable water
outlets at the Garrison Bight dinghy dock facility. The Board approved the selection of the City for
BIF funding at its May 19, 2021, BOCC meeting,provided the requested funding amount, and
directed staff to prepare an Inter-Local Agreement("ILA").
The attached ILA is requested for Board approval and provides for BIF reimbursement funding to
the City subsequent to the performance of services and payment for those services in FY'22 and
submittal of required documentation.
PREVIOUS RELEVANT BOCC ACTION:
Oct. 2011 - Approval of BOCC Resolution No. 371-2011 establishing policy for BIF reimbursement
funding procedures.
Feb. 2012 - Approval of BOCC Resolution No. 080-2012 revising policy for BIF reimbursement
funding procedures.
May 2012 - Approval of selection of BIF funding requests to the Village of Islamorada, City of
Marathon, and City of Key West, and direction to draft IL,As to award said funding.
July 2012 - Approval of ILA with City of Marathon for $30,992 for buoy replacements and pumpout
boat repairs.
July 2012 - Approval of ILA with Village of Islamorada for $30,000 for regulatory buoy
maintenance.
July 2012 - Approval of ILA with City of Key West for $34,700 for mooring field materials.
Packet Pg. 2983
N.1
June 2013 - Approval of selection of BIF funding requests to the City of Marathon, City of Key
West, and Village of Islamorada, and direction to draft IL,As to award said funding.
July 2013 - Approval of ILA with City of Marathon for $25,000 for improvements to the Dodge
Lake boat ramp.
July 2013 - Approval of ILA with Village of Islamorada for $20,000 for regulatory buoy
maintenance.
Aug 2013 - Approval of ILA with City of Key West for $37,100 for mooring field related work.
May 2014 - Approval of selection of BIF funding requests to Village of Islamorada and City of
Marathon, and direction to draft IL,As to award said funding.
July 2014 - Approval of ILA with Village of Islamorada for $22,500 for regulatory buoy
maintenance.
July 2014 - Approval of ILA with City of Marathon for $24,000 for construction of a kayak launch
facility.
May 2015 - Approval of selection of BIF funding requests to Village of Islamorada and City of Key
Colony Beach, and direction to draft IL,As to award said funding.
July 2015 - Approval of ILA with Village of Islamorada for $25,000 for regulatory buoy
maintenance.
July 2015 - Approval of ILA with City of Key Colony Beach for $5,896 for regulatory buoy and
signage replacement.
July 2015 - Approval of Amendment No. 1 to ILA between Monroe County and City of Marathon to
provide for an additional year to complete project.
May 2016 - Approval of selection of BIF funding request from Village of Islamorada, and direction
to draft an ILA to award said funding.
July 2016 - Approval of ILA with Village of Islamorada for $18,000 for regulatory buoy
maintenance.
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 IL,As to award said funding.
July 2017 - Approval of ILA with Village of Islamorada for $10,000 for regulatory buoy
maintenance.
July 2017 - Approval of ILA with City of Marathon for $30,000 for boat ramp parking repaving.
May 2018 - Approval of selection of BIF funding requests from Village of Islamorada for $10,000
(partial funding) and City of Key West for $30,000, and direction to draft ILAs to award said
funding.
July 2018 - Approval of ILA with Village of Islamorada for $10,000 for regulatory buoy
maintenance.
Sept 2018 - Approval of ILA with Key West for $30,000 for boat ramp maintenance
Sept 2018 - Approval of Amendment No. 1 to the Agreement with City of Marathon for completion
of boat ramp maintenance project.
May 2019 - Approval of selection of BIF funding request from Village of Islamorada, and direction
to draft an ILA to award said funding.
Aug 2019 - Approval of ILA with Village of Islamorada for$10,000 for regulatory buoy
maintenance.
July 2020 - Approval of selection and ILA with Village of Islamorada for$10,000 for regulatory
buoy maintenance.
May 2021 - Approval of selection of BIF funding requests from Village of Islamorada for $10,000,
Packet Pg. 2984
N.1
City of Marathon for $35,000, and the City of Key West for $15,465.75, and direction to prepare
IL,As to award said funding.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
ILA BOCC Dinghy Dock Security Lighting 2021
FINANCIAL IMPACT:
Effective Date: 10/1/2021
Expiration Date: 9/30/2022
Total Dollar Value of Contract: $15,465.75
Total Cost to County: $15,465.75
Current Year Portion: N/A
Budgeted: Yes
Source of Funds: 157-62520-530340 (State Boating Improvement Funds)
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: No
County Match: N/A
Insurance Required: N/A
Additional Details:
10/01/21 157-62520 - BOATING IMPROVEMENT $15,465.75
REVIEWED BY:
Emily Schemper Completed 08/26/2021 12:27 PM
Peter Morris Completed 10/05/2021 11:33 AM
Purchasing Completed 10/05/2021 11:53 AM
Budget and Finance Completed 10/05/2021 1:19 PM
Maria Slavik Completed 10/05/2021 1:20 PM
Liz Yongue Completed 10/05/2021 2:43 PM
Board of County Commissioners Pending 10/20/2021 9:00 AM
Packet Pg. 2985
N.1.a
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT(Agreement) is entered into as of this day of
2021, between the Board of County Commissioners of Monroe County, Florida,a
political subdivision of the State of Florida (the "COUNTY" or `BOCC") and the City of Key
West, a municipal corporation organized and existing under the laws of the State of Florida (the a,
"CITY" or the"CONTRACTOR").
0.
WITNESSETH:
0
WHEREAS, the COUNTY routinely uses State Boating Improvement Funds (BIF) for
recreational boating related projects within the various municipalities; and
WHEREAS, the CITY has requested that the COUNTY provide reimbursement funding
in the amount of $15,465.75 from BIF for costs to be incurred during FY'22 for dinghy dock y
security lighting and potable water outlets; and
WHEREAS, the above expenditures are qualified expenditures from the State BIF; and
c
WHEREAS, at the May 19, 2021, regular BOCC meeting the Board of County
Commissioners of Monroe County, Florida, approved the selection of the BIF funding request
submitted by the CITY and to provide funding in the amount of$15,465.75;
NOW THEREFORE, in consideration of the mutual promises and covenants herein W
contained, it is agreed between the COUNTY and the CITY as follows:
N
Section 1. Payment. The COUNTY agrees to reimburse the CITY for costs incurred in
FY'22 as follows:
1.1 The foregoing recitals are true and correct and are hereby incorporated as if
fully stated herein.
1.2 Payment in an amount not to exceed $15,465.75 for dinghy dock security
lighting and potable water outlets.
1.3 To receive payment, the CITY shall submit all requests for payment and
applicable invoices to the Senior Administrator of the COUNTY's Marine
Resources Office by September 1, 2022. The invoices must describe the
services performed, together with proof that payment has been made to the
CITY'S sub-contractor(s).All documentation shall be forwarded to the County
Clerk for payment. Any other documentation requested by the Clerk shall be
provided.
1.4 By submitting a request for payment the CITY represents that it has complied
with all of its purchasing requirements.
1.5 Funding of this Agreement is contingent upon an annual appropriation by the
COUNTY.
1 of 10
Packet Pg. 2986
N.1.a
Section 2. Term.
2.1 This Agreement shall become effective upon execution by both parties.
2.2 If such Notice of Termination as specified in Section 3 is given,this Agreement
shall terminate within five(5)days thereof.
Section 3. Termination and Default. 0.
3.1 In the event of any failure of compliance by either party hereto with any of its U
material obligations to the other party as provided for herein such action shall c
constitute a default under this Agreement.
3.2 Upon any such default,the non-defaulting party shall provide to the defaulting
party a written Notice of such default,which Notice(Default 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.
c
3.4 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 N
thereafter diligently pursues cure to completion of performance.
3.5 In the event the defaulting 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 party, to terminate this
Agreement.
3.6 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 4. Indemnification.
4.1 To the extent permitted by law and subject to the provisions and monetary a
limitations of Section 768.28, Florida Statutes,the CITY, as a state agency or
subdivision defined in Section 768.28, Florida Statutes, to the extent of the
COUNTY'S potential liability pursuant to section 768.28, Florida Statutes,
does hereby agree to defend, indemnify and hold the COUNTY, its officers,
agents,or employees,harmless from and against any and all liability,damages,
2of10
Packet Pg. 2987
N.1.a
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, up to the limits set forth in such statute for its (the CITY'S) own
negligent acts or omissions,or intentional tortious actions,which result in claims
or suits against either the CITY or the COUNTY, and agrees to be liable to the E
statutory limits for any damages proximately caused by said acts or omissions,or
intentional tortious acts..
le
To the extent permitted by law and subject to the provisions and monetary
limitations of Section 768.28,Florida Statutes,the COUNTY,as a state agency of
subdivision defined in Section 768.28, Florida Statutes, to the extent of the
CITY'S potential liability pursuant to Section 768.28, Florida Statutes, 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 a
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,up to the limits set forth in such statute for its(the COUNTY'S)own
negligent acts or omissions,or intentional tortious actions,which result in claims
or suits against either the COUNTY or the CITY, and agrees to be liable to the
statutory limits for any damages proximately caused by said acts or omissions,or
intentional tortious acts.
Nothing contained in this Section shall be construed to be a waiver by either
party of any protections under sovereign immunity, Section 768.28 Florida N
Statutes,or any other similar provision of law. Nothing contained herein shall
be construed to be a consent by either party to be sued by third parties in any LM
matter arising out of this or any other Agreement.
Section 5. Notices.
le
5.1 All notices, requests, demands, elections, consents, approvals and other
communications hereunder must be in writing and addressed as follows,or to any
other address which either party may designate to the other party by mail:
If to Monroe County: Roman Gastesi, Jr.
County Administrator
Monroe County
Historic Gato Building
1100 Simonton Street
Key West, Florida 33040
With a copy to: Robert B. Shillinger, Esq.
Monroe County Attorney's Office
1111 121h Street, Suite 408
P.O. Box 1026
3of10
Packet Pg. 2988
N.1.a
Key West, Florida 33041-1026
If to Citv: Patti McLauchlan City Manager
City of Key West
P.O. Box 1409
Key West,FL 33041 E
With a coy to: Shawn Smith,Esq. 0.
City Attorney
City of Key West
P.O. Box 1409
Key West, FL 33041
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; or sent by overnight
delivery service.
Section 6. Regulatory Powers.
6.1 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.
62 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 7. Attorneys' Fees and Waiver of Jury Trial. -�
7.1 In the event of any litigation arising out of, in connection with, or relating to
this Agreement, the prevailing party is entitled to a reasonable attorney's fee U
and costs subject to the limitations of Section 768.28 Florida Statutes. c
7.2 In the event of any litigation arising out of, in connection with, or relating to _
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 or mediation arising out
of this Agreement shall be in the 161''Judicial Circuit in and for Monroe County,
Florida. This Agreement is not subject to arbitration.
4of10
Packet Pg. 2989
N.1.a
Section 9. Access to Records and Audits.
9.1 The CITY shall comply with all public records and records retention
requirements mandated by Section 24, Article I, of the Florida Constitution, N
and Chapter 119,Florida Statutes,and shall keep such records as are necessary
to document the performance of the Agreement and expenses as incurred,and
give access to these records at the request of COUNTY, the State of Florida,
the Federal Government, or authorized agents and representatives of said 0.
government bodies. CITY shall also provide access to the personal property
le
reports,permits, and equipment purchased or utilized under this Agreement. It
is the responsibility of CITY 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 for a
period of five(5)years following execution of this Agreement. Each party, its
officers, employees, agents and auditors shall have access to the other parties' y
books, records, and documents, related to this Agreement upon request. The
access to and inspection of such books, records, and documents by the parties
shall occur during the regular office hours as mutually agreed to by the parties.
However, COUNTY warrants and represents that it has full authority to fund
the Project under the terms and conditions specified herein.The COUNTY and
CITY shall allow and permit reasonable access to, and inspection of, all
documents,papers, letters or other materials in its possession or under its control
subj ect to the provisions of Chapter 119,Florida Statutes,and made or received by the
COUNTY and CITY in conjunction with this Agreement; and the COUNTY shall �-
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'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.
93 The term "public records" and "records" shall be the same as such term has
been defined in Chapter 119, Florida Statutes, including but not limitedto 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.
94 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 E
will survive the termination of this Agreement.
95 The COUNTY and CONTRACTOR 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 subject to the provisions
5of10
Packet Pg. 2990
N.1.a
of Chapter 119, Florida Statutes, and made or received by the COUNTY and
CONTRACTOR in conjunction with and in connection with this Agreement
and related to Agreement 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 E
COUNTY may enforce the terms of this provision in the form of a court
proceeding and shall, as a prevailing party,be entitled to reimbursement ofall
attorney's fees and costs associated with that proceeding. This provision shall
le
survive any termination or expiration of the Agreement.
9.6 The CONTRACTOR is encouraged to consult with its advisors about Florida
Public Records Law in order to comply with this provision. Pursuant to F.S.
119.0701 and the terms and conditions of this Agreement,the CONTRACTOR
is required to:
(1) Keep and maintain public records that would be required by the COUNTY
to perform 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 is
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 term and following
completion of the Agreement if the CONTRACTOR does not 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 CONTRACTOR or keep and
maintain public records that would be required by the COUNTY to
le
perform the service. If the CONTRACTOR transfers all public records to
the COUNTY upon completion of the Agreement, the CONTRACTOR
shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. If the
CONTRACTOR keeps and maintains public records upon completion of
the Agreement,the CONTRACTOR shall meet all applicable requirements
for retaining public records. All records stored electronically must be ca
provided to the COUNTY, upon request from the COUNTY's custodian
of records, in a format that is compatible with the information technology
systems of the COUNTY. 03
(5) A request to inspect or copy public records relating to a COUNTY
Agreement must be made directly to the COUNTY, but if the COUNTY
does not possess the requested records, the COUNTY shall immediately
notify the CONTRACTOR of the request, and the CONTRACTOR must
6of10
Packet Pg. 2991
N.1.a
provide the records to the COUNTY or allow the records to be inspected
or copied within a reasonable time.
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 COUNTY's option E
and right to unilaterally cancel this Agreement upon violation of this provision >
by the CONTRACTOR. A CONTRACTOR who fails to provide the public 2
records to the COUNTY or pursuant to a valid public records request within a
reasonable time may be subject to penalties under Chapter 119, Florida
Statutes. c
The CONTRACTOR 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.
IF THE CONTRACTOR HA—SQLESTIONS REGARDING
THE APPLICATION OF CHAPTER 119. FLORIDA
STATUTES, TQ THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT- CONTACT THE CUSTODIAN OF PUBLIC
RECORD'. BRIAN BRADLEY AT PHONE# 305-292-3470
BRA_DLEY-BRIANL aMONROECOUNTY-FL.GOV. W
MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH N
Street.. SUITE 40$, KEY WEST, FL 33040. N
Section 10. Non-Assignability
10.1 This Agreement shall not be assignable by either party unless such assignment is
first approved by both parties.
Section 11. No Third-Party Beneficiaries.
0
11.1 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
entitled to rely upon the terms, or any of them,of this Agreement to enforce or
attempt to enforce any third-party claim 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 inform, counsel, orotherwise
indicate that any particular individual or group of individuals,entity or entities,
have entitlements or benefits under this Agreement separate and apart,inferior
to, or superior to the community in general or for the purposes contemplated
in this Agreement.
7of10
Packet Pg. 2992
N.1.a
Section 12. Non-Waiver of Immunity.
12.1 Notwithstanding the provisions of Section 768.28, Florida Statutes, the
participation of the CITY and the COUNTY in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance
coverage, or local government liability 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
0.
provision for waiver.
Section 13. Privileges and Immunities. c
13.1 All of the privileges and immunities from liability, exemptions from laws,
ordinances, and rules and pensions and relief, disability, workers'
compensation,and other benefits which apply to the activity of officers,agents,
or employees of any public agents or employees of the COUNTY, when
performing their respective functions under this Agreement within the
territorial limits of the COUNTY shall apply to the same degree and extent to
the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
i3
Section 14. Independent Contractor.
14.1 The CITY and its employees, volunteers, agents, vendors and subcontractors W
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 N
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 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 c
unenforceable to any extent by a court of competent jurisdiction,the remaining
terms, covenants, conditions and provisions of this Agreement, shall not be _
affected thereby; and each remaining term, covenant, condition and provision
of this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and
CITY agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the 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
8of10
Packet Pg. 2993
N.1.a
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.
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
0.
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.
0
Section 18. Funding.
18.1 The parties agree that the COUNTY'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
performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law.
i3
Section 20. Section Headings.
20.1 Section headings have been inserted in this Agreement as a matter of convenience W
of reference only, and it is agreed that such section headings are not a part of
this Agreement and will not be used in the interpretation of any provision of
this Agreement.
Section 21. Execution in Counterparts.
21.1 This Agreement 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 the same instrument and any of the parties hereto may execute this
Agreement by signing any such counterpart. c
Section 22. Entire Agreement/Modification/Amendment.
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.
22.2 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 the parties' preceding duly-executed Agreement.
9of10
Packet Pg. 2994
N.1.a
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as indicated
below.
N
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA E
2
0.
BY:
le
Michelle Coldiron, Mayor
(SEAL)
ATTEST: Kevin Madok, Clerk APPROVED AS TO FORM AND
LEGAL SUFFICIENCY BY:
MONROE CO Y ATTORNEY �
APPy�p��* TO FORM
As Deputy Clerk
PETER MORRIS
ASSISTANT COUNTY ATTORNEY
Date: 6/8121
Assistant Monroe County Attorney
"F KEY WEST,FLORIDA
N
Patti McLauchlin, City Manager
Date: l .... .,,
APPROVED AS TO FORM AND
(SEAL , LEGALITY FOR THE USE AND 0
c
RELIANCE OF CITY OF KEY WEST,
A F inith, City Clerk FLORIDA ONLY:
BAt
Printed Name: Nathalia A. Mellies
Assistant City Attorney
10 of 10
Packet Pg. 2995