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03/15/1995 Agreement ~ann!, I.. Itolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MAR A THON, FLORIDA 33050 TEL. (305) 289-6027 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD ST.REET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANT A TION KEY, FLORIDA 33070 TEL. (305) 852-7145 MEMORANDUM TO: Mayor Samuel J. Feiner, Chairman Tourist Development Council FROM: Ruth Ann Jantzen Deputy Clerk II U.it.~~.. t'/' DATE: March 23, 1995 At the March 15, 1995 County Commission Meeting, the Board granted approval and authorized execution of the following documents: Interlocal Agreement between Monroe County and the City of Key West to provide beach cleaning services and sand for Smathers Beach, in an amount not to exceed $68,594.00 from fiscal year 1995, Third Penny, DAC I. Addendum to the Agreement between Monroe County and Stuart Newman Associates covering the addition of the Film Commissioner's Aide (Monroe County)/stringer for the Lower Keys and Key West, in an amount not to exceed $41,000.OO,Fiscal Year 1995, Two Penny, Sales and Marketing Budget. Enclosed please find two duplicate originals of each of the above documents; One for return to your provider and one for your files. If you have any questions on any of the above, please do not hesitate to contact this office. cc: County Attorney Finance County Administrator, wlo document File INTERLOCAL AGREEMENT FOR GRANT OF FUNDS THIS AGREEMENT dated the 15th day of March , 1995, is entered into by and between the Board of County Commissioners for Monroe County (hereinafter "County") on behalf of the Monroe County Tourist Development Council (hereinafter "TDC"), and the City of Key West (hereinafter "City"). WHEREAS, the County has, upon the recommendation of the TDC and District I Advisory Committee, allocated tourist development revenues to finance beach cleaning services throughout the County and Smathers Beach, a park owned by the City. WHEREAS, the County and City have determined that it is in the best interests of the public to enter into this agreement to expedite the project; NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the County and the City have entered into this agreement on the terms and conditions as set forth below. 1. Contract Period: This agreement shall commence on the date executed by both parties, and shall remain in effect until County funding for beach~le~ing ~ S~hers Beach is no longer available. ~S":~: :x 8 2. Scope of Agreement: The County shall administef;,cooilinate,' and ~:;.,' N :.:;:: contract for beach cleaning and provide funding through District ~visor~omJpittee . .. "~ budget process for beach-compatible sand to be used by the beac-bi:l':Jeani~ cOQf!actor when delivered by the City to Smathers Beach. City shall provide fqr the sari6 del~ry to , -' ,-~ Smathers Beach. 3. Amount of Agreement and Payment: The County shall provide an amount not to exceed $3,000 FY '95 and to be determined through budget process in future years for sand. Payment shall be made directly to the vendor upon receipt by County of a properly documented invoice from the sand vendor. Proper documentation may require verification by City trucking employees and/or the beach cleaning contractor that delivery has occurred. 4. Reports: The parties 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 the other party, the State of Florida, or authorized agents and representatives of said government bodies. It is the responsibility of each party to maintain appropriate records to insure a proper accounting of all funds and expenditures. 5. Modifications: Any and all modifications of the terms of this agreement shall be amended in writing and approved by both parties. 6. Compliance with Law: In carrying out its obligations under this agreement, the parties shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provisions of this agreement, including those now in effect and hereafter adopted. 7. Indemnification and Hold Harmless: Each party hereby agrees to indemnify and hold harmless the other party, and any of its officers, employees and agents from any and all claims, liabilities, litigation, causes of action, damages, costs, expenses, and the payment of any and all of the foregoing or any demands, settlements or judgments arising from any acts or omissions of the party, its officers, employees, and agents, directly or indirectly under this agreement The parties shall immediately give notice to the other of any suit, claim or action made against the respective party that are related to the activity under this agreement, and will cooperate with the other party in the investigation of any suit, action or claim related to the design and/or construction activities contemplated by this agreement. 8. Anti-Discrimination: The parties agree that they will not discriminate against any of their employees or applicants for employment or against persons for any benefit or service because of their race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non- discrim ination. 9. Anti-Kickback: The parties warrant that no person has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage for contingent fee. 10. Termination: This agreement shall terminate when the funds for sand and beach cleaning are no longer available. Termination prior thereto shall occur whenever funds cannot be obtained or cannot be continued at a level sufficient to allow for the continuation of this agreement pursuant to the terms herein or when termination is deemed by County to be in its best interests. In the event funds cannot be obtained or cannot be continued at a level sufficient to allow for the continuation of this agreement pursuant to the terms specified herein, this agreement may then be terminated immediately by written notice of termination delivered in person or by mail to the City. 11. Termination for Breach of Agreement: Either party may immediately terminate this agreement for any breach of the terms contained herein. Such termination shall take place immediately upon receipt of written notice of. said termination. Any waiver of any breach of covenants herein contained to be kept and performed by either party shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the other party from declaring a forfeiture for any succeeding breach either of the same conditions or of any other conditions. 12. Entire Agreement: This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the City and the County. 13. Consent to Jurisdiction: This agreement, its performance, and all disputes arising hereunder, shall be governed by the laws of the State of Florida, and both parties agree that the proper venue for any actions shall be in Monroe County. .' 14. Notice: Any written notice to be given to either party under this agreement or related hereto shall be addressed and delivered as follows: For City: City Attorney 525 Angela Street Key West, FL 33040 For County: TDC Administrative Office 3406 North Roosevelt Boulevard Suite 201 Key West, FL 33040 and County Attorney 310 Fleming Street Key West, FL 33040 14. Ethics Clause: City warrants that he/it has not employed retained or otherwise had act on its behalf any former COUNTY office or employee in violation of Section 2 or Ordinance No. 10-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the COUNTY may, at its discretion terminate this contract without liability and may also, at its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present COUNTY officer or employee. IN WITNESS WHEREOF, the parties hereto have executed this agreement this day and year first written above. By 6/-urAJ~~_) eputy erk Board of County Commissioners of Monro unty, Florida ~hl<:.- By (SEAL) Attest: Danny L. Kolhage, Clerk C of Key West, Florida By Approved as to form and legal sufficiency: Date: 1/?-7/95 1 , RESOLUTION NO. 95-66 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF ATTACHED INTERLOCAL AGREEMENT BETWEEN BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY AND THE CITY OF KEY WEST FOR GRANT OF FUNDS COVERING BEACH CLEANING SERVICES AND PROVIDING FUNDING THROUGH THE DISTRICT 1 ADVISORY COMMITTEE BUDGET PROCESS FOR BEACH COMPATIBLE SAND TO BE UTILIZED BY THE BEACH CLEANING CONTRACTOR WHEN DELIVERED BY THE CITY TO SMATHERS BEACH; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED by the city commission of the city of Key West, Florida as follows that the attached Interlocal Agreement for Grant of Funds between the city of Key West and Board of County commissioners for Monroe County is hereby approved. The city Manager is hereby authorized to execute said Agreement on behalf of the city of Key West, and the City Clerk is hereby authorized to attest to his signature and affix the Seal of the city thereto. This Resolution shall go into effect immediately upon its passage and adoption and authentication by the signatures of the presiding officer and the Clerk of the Commission. Passed and adopted by the city Commission at a meeting held this 22ndday of February , 1995. Jp ._ '~' . ~u ~ hen tic ate d by the pre sid in g 0 f fie era n d C 1 e r k 0 f the C rn1SS1on on February 27 , 1995. . Filed with the Clerk February 27 , 1995.