Item C24BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 15, 2012 Division: Public Works/Engineering
Bulk Item: Yes X No Department: Engineering Services Department
Staff Contact Person/Phone #: Judy Clarke X4329
AGENDA ITEM WORDING: Approval to execute an Interlocal Agreement (ILA) with the City of
Key Colony Beach (KCB) to extend Monroe County's contracted Hurricane Debris Clean up services
to KCB, as needed. Costs not reimbursed by Federal Emergency Management Agency (FEMA) or
State of Florida Department of Emergency Management (DEM) will be paid by KCB.
ITEM BACKGROUND: During the 2005 hurricane season Key Colony Beach requested assistance
with debris clean up; the County Administrator directed staff to have Monroe County's hurricane
debris contractor collect debris from public roads in Key Colony Beach. Costs associated with debris
collection in KCB were separated from County costs and KCB reimbursed the County for amounts that
were not reimbursed by FEMA or the State. Due to increasing restrictions on reimbursable costs
County Attorney determined that an ILA documenting this assistance was needed to facilitate
reimbursement in future years.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: Not applicable
STAFF RECOMMENDATIONS: Approval as requested above.
TOTAL COST: $0 INDIRECT COST: staff time to invoice KCB BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: 0 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing I Risk Management
DOCUMENTATION:
DISPOSITION:
Revised 7/09
Included X Not Required
AGENDA ITEM #
l ONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT
Contract with: Ivey Colony Beach
February 151,01
until cancelled -�
Contract Purpose/Description:
Contract extends Monroe Cow 's contracted hurricane debris clean up services to the
it of Key Colopy Beach; Cky of Key Colqny Beach will reirnlburse Monroe CounLy for
debris costs that are not reimbursed bv FEMA or the State.
contract
Effective Date*
Expiration Date:
qP
Contract Manager: Ju Clarke 43 9 En mqz
(Narne) (Ext.) (Department/Stop #)
for BO O meeting on 2115/2012 Agenda Deadline: 1 1 01
CONTRACT COSTS
Total Dollar Value of Contract: $ 0 Current Year Portion: $
Budgeted? Yes(] No Account Codes: - -
rant: $
County Match:
ADDrrIONAL COSTS
Estimated Ongoing Costs: For:
(Not included ire dollar value above) (e . maintenance* utilities, janitofial, salaries, etc.
CONTRACT REVIEW
Changes Date Out
Date In Need v}err
Division Director- Yes No
anagem
Risk M ent Yes[] Noe/�
f o
D.M.mg Yes❑ No - ,_.�1 -ice
County Attorney 1 eaE] No[Z r-a V. I.
Comments:
I1 TERLOCAL AGREEMENT
THIS I TTE LOCAL AGREEMENT is entered into as of this day of
between Monroe County, a political subdivision of the State of Florida
(hereinafter, the COUNT) and the City of Key Colony Beach, a municipal corporation
organized and existing under the laws of the State of Florida (hereinafter, the CITY).
wITIE ETH:
wHEF EA , Key Colony Beach is a municipality within the limits of the Monroe
County- and
WHEREAS, , Monroe County has executed contracts for hurricane debris collection with
disaster services contractors; and
WHEREAS, Monroe County has provided debris collection services to Ivey Colony
Beach in prior years when it has been necessary to mobilize its contractor; and
WHEREAS, both the County and the City of Key Colony Beach want to formalize this
4.
arrangement in the event that assistance is ,required in future years?
NOW THEREFORE ? in consideration of the mutual promises and conditions contained
herein, the parties agree as follows:
1. In the event of a Federal Emergency Management Agency (FEMA) declared storm for which
Monroe County activates its disaster services contractor and monitoring contractor Ivey Colony
Beach may request to have the County's contractor collect debris from public rights of way
within the City of Ivey Colony Beach;
. Monroe County's contractors will document the volume of debris that is collected from Ivey
Colony Beach; Monroe County will provide an invoice that documents quantities of debris
collected in Key Colony Beach and labor hours for monitoring services;
3, Ivey Colony Beach agrees to pay Monroe County the percentage of debris and monitoring
costs that are not reimbursed. by FEMA and/or the State of Florida based on the rates in Monroe
County's contracts?
4. Key Colony Beach agrees to adhere to all federal and state requirements with regards to debris
collection, as well as Monroe County instructions including but not limited to the types of debris
that will be collected, dates of collection and number of passes.
5. This Agreement shall become effective immediately upon execution.
6. 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.
CB Debris Collection ILA Pagel of 5
7. 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 sane. The defaulting party shall cure any such
default, within 30 days following the date of the Default Notice.
. 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.
. 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.
10. 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.
11. 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.
12. Notices.
All notices, requests, demands, elections, consents, approvals and other
communications hereunder must been wri mting and addressed as follows, or to any other
address which either party may designate to the other party by null;
If to Count: Roman Gastesi, Jr.
County Administrator
Monroe County
Historic Cato Building
1100 Simonton Street
Ivey west, Florida 33040
With a copes Suzanne Hutton, Esq.
Monroe County Attorney's Office
F.O. Box 1026
Ivey west, Florida 33041-1026
KCB Debris Collection ILA Page 2 of5
If to i Ronald A. Sutton, Mayor
pity of Key Colony Beach
P.O. Box 510141
Key Colony Beach, Florida 33051
With a copy to: Thomas D. Wright
City Attorney
711 Overseas Highway
Marathon, Florida 33050
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 nail, return receipt requested, postage and fees prepaid; hand delivered; or sent by
overnight delivery service.
13. Attorneys Fees and Waiver of Jury 'Trial*
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.
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.
14. Governing Lave.
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. This Agreement is not subject to arbitration.
15. Entire Agreement/Modification/Amendment.
This writing contains the entire Agreement of the parties and supersedes any prior
oral or written representations. No representations were trade or relied upon by
either party, other than those that are expressly set forth herein.
o 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.
16. 1 onassignability.
KCB Debris Collection ILA Page 3 of 5
This Agreement shall not be assignable by either party unless such assignment is
first approved by both parties.
17. Severability.
If any terra 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.
18. Independent Contractor*
1. waiver.
The COUNTY and its employees, volunteers, agents, vendors and subcontractors
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
terns of this Agreement. This Agreement shall not in any way be construed to
create a partnership, association or any other bind of Joint undertakiIng, enterprise
or venture between the parties.
The failure of either party to this Agreement to obi ect to or to tape 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.
. Survival of Provisions.
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.
1. Counterparts+
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.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.]
KCB Debris Collection ILA Page 4 of
IN WITNESS WHEREOF5 the parties hereto have set their hands and seal the day and
year first written above.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
i
(SEAL)
ATTEST: DANNY L.I OLHA E, CLERK
Deputy Clerk
ATTEST.
e
City Clerk
(City Seal)
Mayor/Chairperson
mays.
ATTORNEY" S OFFICE
THE CITY OF KEY COLONY BEACH
FLORIDA
■
APPROVED AS TO FORM AND LE ALALITY FOR THE USE
AND RELIANCE OF THE CITY OF KEY COLON' BEACH,, FLORIDA ONLY:
4C
B: �.
City Attome
KCB Debris Collection ILA Page 5 of 5