01/20/2000 Agreement
Clelt( of De
Circul coun
Danny L. Kolhage
Memorandum
To: Tim McGarry, Director
Growth Management Division
Attn: Marine Resources
From:
Isabel C. DeSantis,
Deputy Clerk J) ,0_ . \:) .
Date:
Friday, February 4, 2000
At the BOCC meeting on January 20,2000, the Board granted approval and
authorized execution of an Interlocal Agreement between Monroe County and the City
of Key West to provide terms for joint participation in the purchase and installation ora
pump out facility at the Key West Bight.
Enclosed herewith is a duplicate original of the SUbject document for your
handling.
Should you have any questions concerning the above, please do not hesitate to
contact this office.
cc: Finance
County Attorney
/File
oLERK'S ORIGINAL
•
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT entered into this 20th day of January, 2000, between Monroe
County, a political subdivision of the State of Florida (hereinafter COUNTY) and the City of Key West,
a municipal corporation organized and existing under the laws of the State of Florida (hereinafter
CITY).
WITNESSETH:
COUNTY and CITY desire to enter into an agreement to provide terms for joint participation in
the purchase and installation of a pump out facility at the Key West Bight.
NOW,THEREFORE, in consideration of the mutual promises and covenants herein contained, it
is agreed between COUNTY and CITY as follows:
1. CITY agrees to:
a. Prepare a request for proposals for the purchase and installation of pump out facilities
to be installed at the Key West Bight including development of all necessary paperwork and other
supporting documentation.
b. Prepare bid specifications, advertise for bids, evaluate bids received, and select a
qualified contractor.
1) 100% performance bond must be obtained by the contractor.
2) Bidder must provide proof that he owns or can lease adequate equipment to
perform the work, and that this equipment will be available throughout the scheduled
performance period.
3) Any illegal drugs or alcohol brought to the work site by the contractor, sub-
contractors, or their employees or agents will constitute a material breach of contract
entitling the CITY to terminate the contract.
4) Contractor will provide general liability insurance in the amount of $300,000,
workers compensation insurance in the amount of $300,000, and vehicle liability in the
amount of$100,000. The contractor will supply the CITY with current certificates of insurance.
Such insurance policies shall name both the COUNTY and CITY as co-insured.
c. Provide the County Marine Projects Coordinator with copies of all proposals, bid
documents, bid results, invoices, and any other associated project paperwork.
d. To pay vendors and contractors for services or purchases associated with this project
and submit request for reimbursement to the County Marine Projects Coordinator for processing.
e. Secure all agency permits for the installation of this pump out facility.
o •71
f. Upon completion of the project submit a final report to the County laFine WpjeErs
rn
Coordinator for the file. cp r- co C3
rn ' -1
2. COUNTY agrees to: o C,
-
a. Allocate funding by County resolution for this project. r
- N . '�
1
__
b. Review and process reimbursement requests.
c. Maintain files for possible audit of the project by the Florida Department of
Environmental Protection.
3. BOTH PARTIES agree that:
a. Each party is responsible for all personal injury and property damage attributed to the
negligent acts or omissions of the party and the officers, employees and agents thereof. Nothing
herein shall be construed as an indemnity or a waiver of sovereign immunity as provided in section
768.28, Florida Statutes.
b. The failure of either party to insist in any one or more instances upon strict
performance of any one or more of the covenants of this agreement shall not be construed as a
continuing waiver, and all covenants, terms and conditions shall continue in full force and effect.
c. Funding will be allocated from the Boating Improvement Fund. Project amount is
$50,000.
d. Each party shall retain all documents and records generated in connection with this
agreement for a period of no less than five years after the completion of the project described
herein. All such documents and records shall be made available to the requesting party, its officers,
employees and agents, upon reasonable demand.
4. This Interlocal Agreement constitutes the entire agreement between the parties, and
may not be modified except by written instrument executed by both parties.
5. This Interlocal Agreement shall take effect when executed by both parties and
remain in effect until completion of both parties' obligations under paragraphs 1 -3.
ice,4\^�%
./0' ' 40 { SS WHEREOF, the parties hereto have set their hands and seals the day and
ii eAril)
e ritten.
.tip+, r9, ., BOARD OF COUNTY COMMISSIONERS
Q - :,. ,;,'. KOLHAGE, CLERK OF MONROE COUNTY, LG IDA p
elf_ pp pp A /7 AZ° t4N!
By Q.tJ—�,C . `' , By �V�
Deputy Clerk I a O-0 0 Mayor/Chairperson
(SEAL)
ATTEST* CITY OF KEY WEST
By By
-4
City C rk City Manager
APPROVED AS TO FORM
A GAL SUFFI
BY
jiakwpumped RABER-T N. p
DATE 1:
RESOLUTION NO. 99-47f1
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, APPROVING THE
ATTACHED INTERLOCAL AGREEMENT BETWEEN MONROE
COUNTY AND THE CITY FOR BOATING IMPROVEMENT
FUNDS; PROVIDING FOR AN EFFECTIVE DATE
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST,
FLORIDA, AS FOLLOWS:
•
Section 1: That the attached Interlocal Agreement between
Monroe County and the City is hereby approved.
Section 2 : That this Resolution shall go into effect
immediately upon its passage and adoption and authentication by the
signature of the presiding officer and the Clerk of the Commission.
Passed and adopted by the City Commission at a meeting held
this 16TH day of NOVEMBER , 1999
Authenticated by the presiding officer and Clerk of the
Commission on NOVEMBER 23 , 1999 .
Filed with the Clerk NOVEMFR ? 1999 .gST: • INN WEEKLEY i'YOR
.1111A4-) /
CHERYL SMI , CITY CLERK