Item C17 C17
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
September 11, 2024
Agenda Item Number: C 17
2023-3011
BULK ITEM: Yes DEPARTMENT: Solid Waste
TIME APPROXIMATE: STAFF CONTACT: Cheryl Sullivan
AGENDA ITEM WORDING: Approval to enter into an Interlocal Agreement(ILA)with the City of
Layton to continue to allow for Monroe County's contracted Disaster Response and Recovery Services,
which includes hurricane debris removal services, to provide services to the City of Layton as needed.
Costs not reimbursed by Federal Emergency Management Agency (FEMA), or State of Florida
Department of Emergency Management(DEM)will be paid by the City of Layton.
ITEM BACKGROUND:
This ILA between the County and the City of Layton provides for Monroe County's contracted Disaster
Response and Recovery Services, which includes hurricane debris collection, to provides services to the
City of Layton as needed.
The County has provided debris collection services to the City of Layton in prior years when it has been
necessary to mobilize its contractors. Both the County and the City of Layton want to formalize this
arrangement in the event that assistance is required in future years.
The ILA provides that in the event of a Federal Emergency Management Agency (FEMA) declared
storm for which Monroe County activates its Disaster Response and Recovery Services contractors and
monitoring contractor, the City of Layton may request to have the County's contractors collect debris
from public rights of way within the City of Layton.
The County's contractors will document the volume of debris that is collected from the City of Layton
and will provide an invoice that documents quantities of debris collected in the City and labor hours for
monitoring services.
The City of Layton will pay 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.
PREVIOUS RELEVANT BOCC ACTION:
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Revised (01 date)Agreement City of Layton C. Limbert Stamped 8-29-2024 INTERLOCAL
AGREEMENT.pdf
FINANCIAL IMPACT:
Per the ILA the City has agreed to pay percentage (their portion) not reimbursed by FEMA or FDEM.
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is entered into as of this, 2024,
between Monroe County, a political subdivision of the State of Florida(hereinafter
Monroe County) and the City of Layton, a municipal corporation organized and existing
under the laws of the State of Florida, (hereinafter the City).
WITNESSETH:
WHEREAS, The City of Layton 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 The City of
Layton in prior years when it has been necessary to mobilize its contractor; and
WHEREAS, both the County and the City of Layton want to formalize this
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,
The City of Layton may request to have the County's contractor collect debris from public
rights of way within the City of Layton.
2. Monroe County's contractors will document the volume of debris that is collected from
The City of Layton; Monroe County will provide an invoice that documents quantities of
debris collected in The City of Layton and labor hours for monitoring services.
3. The City of Layton 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. The City of Layton 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 parry hereto with any of its material
obligations to the other parry as provided for herein such action shall constitute a default
under this Agreement.
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7. Upon any such default, the non - defaulting parry shall provide to the defaulting parry 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. The defaulting parry shall
cure any such default, within 30 days following the date of the Default Notice.
8. 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 parry'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 parry 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.
9. 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 be in writing and addressed as follows, or to any other
address which either parry may designate to the other party by mail:
If to County Kevin Wilson,
Acting, County Administrator
Monroe County
Historic Gato Building
1100 Simonton Street
Key West, Florida 33040
With a copy to: Christine Limbert, Esq.
Monroe County Attorney's Office
P.O. Box 1026
Key West, Florida 33041 -1026
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If to City: Mimi Young
City of Layton
P.O. Box 778
Long Key, Florida 33001
With a copy to: Dirk Smits
Vernis & Bowling of the Florida Key, P.A.
81990 Overseas Hwy 3rd. Floor
Islamorada, FL 33036
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.
13. Attorney's 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 Law.
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 made or relied upon by either party, other
than those that are expressly set forth herein.
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.
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16. Non-assignability.
This Agreement shall not be assignable by either parry unless such assignment is first
approved by both parties.
17. Severability.
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.
18. Independent Contractor.
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 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.
19. Waiver.
The failure of either parry 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.
29. 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 parry.
21. 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.]
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IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day
and year first written above.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
Mayor/Chairperson
(SEAL)
ATTEST: KEVIN MADOK, CLERK
MONRROEC'0."?8'NTYdATTORR.NEY
CHRIS~rNE LIMBER-BARROWS
AssdsrANT C OURT Y A17OR@ivRRN
BY: BY: DATE __51l29J24 ......
Deputy Clerk Attorney's Office
THE CITY OF LAYTON, LONG KEY, FLORIDA
Mayor/Chairperson
(City Seal)
ATTEST: Mimi Young, City Clerk
APPROVED AS TO FORM AND LEGALALITY FOR THE USE AND
RELIANCE OF THE CITY OF LAYTON, LONG KEY, FLORIDA
BY:
City Attorney
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