Okaloosa County BOCC — February 11, 2013 — Dredge Interlocal — reading text

INTERLOCAL AGREEMENT FOR DESTIN HARBOR MAINTENANCE DREDGING PROJECT THIS AGREEMENT is made and entered into on the effective date below, by and between OKALOOSA COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as “the County”) and THE CITY OF DESTIN, a municipality of the State of Florida (hereinafter referred to as “the City”). WHEREAS, sand shoaling at the Old Pass Lagoon Channel adjacent to Destin Bridge has reduced the navigable water depths and channel width of the entrance channel to Destin Harbor, causing ship groundings and impassable conditions during low tide; and WHEREAS, these hazardous navigation conditions have prompted the City and the County to pursue maintenance dredging to provide safe navigation and reduce the impact to the local fishing and recreational boating economy (hereinafter referred to as the “Dredge Project” or “Project’’); and WHEREAS, the Dredge Project will promote tourism through the enhancement of fishing and boating in the Destin Harbor and will assist in the enhancement and restoration of Norriego Point and similar beach areas; and WHEREAS, all necessary permits for the Dredge Project will be applied for solely by the City, and the County has agreed to enter into this Interlocal Agreement authorized pursuant to Section 163.01(4), Florida Statutes, to provide for (1) the effective completion of the Dredge Project, and (2) to establish the funding of the Project including design, permitting, construction, and management; and WHEREAS, the Board of County Commissioners have authorized the participation of the County in the Dredge Project. NOW, THEREFORE, acting pursuant to their statutory authority and in consideration of the mutual covenants and agreements of the parties, the County and the City agree as follows: SECTION I. AUTHORITY 1.1 This Interlocal Agreement is entered into pursuant to the provisions of Chapter 163.01, Florida Statutes, (hereinafter referred to as the “Act”) and other applicable provisions of law. SECTION II. PARTIES 24 The parties to this Interlocal Agreement are the County and the City. Page 1 of 9 SECTION III. FINDINGS 3.1 The recitals set forth above are hereby approved and incorporated herein. SECTION IV. CITY TO ASSUME PROJECT RESPONSIBILITY 4.1 The parties agree that the City will have the responsibility to obtain all State and Federal permits required by law for the Dredge Project, and will serve as the sole permit applicant. Subject to the funding provisions in Section V herein below, the City will be responsible for all fees associated with obtaining the required permits. 4.2 In performing its primary role, the parties agree that the City will include the Coastal Management Coordinator of the Okaloosa County Tourist Development Department, and their designated consultants (the “County Representatives”), if any, in all project management meetings, as well as in all substantive project management decisions. Substantive management decisions include, but are not limited to; project design and regulatory decisions, initiating and conducting Project related bid or RFP processes; negotiating, executing and managing professional service contracts, construction contracts, insurance contracts and supply contracts; preparation and approval of requests for payment to the County and payment of Project contractors and professionals. 4.3. The parties agree that, upon issuance of any required permit approval, the City will, subject to the participation requirements provided above, have full authority and responsibility to undertake the Project and accomplish all activities relating thereto including contracting for necessary Project services for such things as design, permitting, construction, monitoring and management, and any other related and necessary services for the Project. 4.4 The City shall acquire or obtain all necessary easements, permits, property interests and titles as are required for the completion of the Project. 4.5 Other than this Interlocal Agreement, the County will not be a party to any agreements relating to the Project including those agreements to design, permit, construct, monitor, or manage the Project nor in any way be considered to be in privity with the Project contractors and consultants. SECTION V. FUNDING FOR PROJECT 5.1 The County agrees to the following funding commitments in order to enable the City to enter into, without limitation, agreements for design, permitting, construction, monitoring, and management of the Project between the City and the contractor or service providers of the City’s choice: Page 2 of 9 A. The County will contribute legally available funds up to a maximum of one-hundred eighty thousand dollars ($180,000.00), for actual costs related to the Project Permit, the Dredge Project construction, or as otherwise provided or required by this Interlocal Agreement. B. The City will contribute legally available funds up to a maximum of twenty thousand dollars ($20,000.00). C. The County will, upon presentation of requests for payment and the provision of substantiation for the request, meeting the form and procedures required under this agreement, disburse those funds to the City for the payment of Dredge Project costs for permitting, construction, monitoring and management, and any and all additional reasonable and incidental costs relating thereto. D. In the event that the total cost of the Dredge Project is less than the projected maximum of two hundred thousand dollars ($200,000.00), then the respective City and County contribution shall be in the same ratio as the maximum contribution. E. In the event that the cost of the Dredge Project is more than $200,000.00, the County shall not be required to contribute any additional funding for the Dredge Project without subsequent approval by the Board. SECTION VI. TERM OF AGREEMENT 6.1 This Interlocal Agreement shall take effect upon adoption by the governing bodies of Okaloosa County and the City of Destin and, absent extension approved in writing between the parties, shall expire on April 1, 2014. SECTION VIL. RECORDS AND REPORTING Tel For the Project, the City shall: A. Maintain books, records, documents, and other evidence according to generally accepted governmental accounting principles, procedures, and practices which sufficiently and properly reflect all costs and expenditures of any nature, incurred by the City in connection with the Project or otherwise paid or to be paid from either incremental revenues or the proceeds of increment obligations, and said books, records, documents and other instruments shall be retained by the City for a period of three full years after termination of this Agreement. However, notwithstanding the above, no books, records, documents or other evidence reflecting all costs and expenditures incurred in the Project shall be destroyed until proper authorization for the disposal has been received pursuant to Florida Law. Page 3 of 9 B. The City agrees to provide the County, upon presentation of a request for payment of Project construction costs pursuant to this Agreement, a formal Request for Payment in a form acceptable to the County. This Request shall provide the required documentation of costs which are to be paid and a certification from a professional engineer licensed to practice in the State of Florida, that the percentage of the improvements presented for payment has been completed according to the plans and specifications approved for such Project under the Project contracts. SECTION VIII. AUDIT 8.1 The County shall have the right from time to time at its sole expense to audit the compliance by the City with the terms, conditions, obligations, limitations, restrictions and requirements of this Agreement and such right shall extend for a period of three (3) years after termination of this Agreement. 8.2 The County shall have full access, for inspection, review, and audit purposes, to all items referred to in Section VII above. SECTION IX. REPRESENTATIONS AND WARRANTIES 9.1 The County does hereby represent and warrant to the City that it has all requisite power, authority, and authorization to enter into this Agreement, has taken all necessary actions required to enter into this Agreement, and to fulfill any and all of its obligations, duties, and responsibilities provided for or required of it by this Agreement, whether exercised individually or collectively. 9.2 The City does hereby represent and warrant to the County that it has all requisite power, authority, and authorization to enter into this Agreement, has taken all necessary actions required to enter into this Agreement, make any payment contemplated hereby, and to fulfill any and all of its obligations, duties, and responsibilities provided for or required of it by this Agreement, whether exercised individually or collectively. SECTION X. AMENDMENTS 10.1 Neither this Agreement nor any portion of it may be modified or waived orally. The provisions hereof may be amended or waived only pursuant to an instrument in writing, approved by the City Council, and the Board of County Commissioners, and jointly executed by the parties hereto. This Agreement shall be enforced and be binding upon, and inure to the benefits of, the parties hereto and their respective successors and assigns, if any. Any party to this Agreement shall have the right, but not obligation, to waive any right or rights, limitation or limitations, or condition or conditions herein reserved or intended for the benefit of such party without being deemed to have waived other rights, limitations, or conditions. However, any such waiver shall be valid only if expressly granted in writing as described above. Page 4 of 9 SECTION XI. DISPUTE RESOLUTION 11.1 The parties shall attempt to resolve any disputes that arise under this Agreement in good faith and in accordance with the provisions of the “Florida Governmental Conflict Resolution Act” Sections 164.101-164.1061, Florida Statutes. 11.2 To the extent that the parties are unable to resolve this dispute through the provisions of the "Florida Governmental Conflict Resolution Act," then within thirty (30) days, the parties shall be required to participate in mediation. The cost of the mediation shall be borne equally between the parties. 11.3 In the event that the matter is not resolved through the mediation process, each party shall be free to pursue any of its available remedies. SECTION XII. SEVERABILITY 12.1 If any one or more of the covenants, agreements or provisions of this Agreement shall be held contrary to any express provision of law or contrary to any policy of express law, then the remainder of this agreement shall remain in full force and effect. SECTION XIII. CONTROLLING LAW 13.1 All covenants, stipulations, obligations and agreements of the County and the City contained in this Agreement shall be deemed to be covenants, stipulations, obligations and agreements of each of the County and the City to the full extent authorized by the Act and provided by the Constitution and laws of the State of Florida. The laws of the State of Florida shall govern any and all provisions of this Agreement and any proceeding seeking to enforce or challenge any provision of this Agreement. Venue for any proceeding pertaining to this Agreement shall be exclusively in Okaloosa County. SECTION XIV. NOTICE 14.1 If written notice to a party is required under this Agreement, such notice shall be given by hand delivery, recognized overnight delivery service, or by first class mail, registered and return receipt requested, to the County as follows: County Administrator Okaloosa County 1804 Lewis Turner Blvd. Suite 400 Fort Walton Beach, FL 32547 Page 5 of 9 As to the City as follows: Maryann Ustick City Manager City of Destin 4200 Indian Bayou Trail Destin, FL 32541 SECTION XV. NO MEMBER LIABILITY 15.1 Neither the members of the