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Item D24 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 18, 2005 Division: Engineering Bulk Item: Yes X No Department: Engineering Staff Contact Person: David S. Koppel, P.E. County Engineer AGENDA ITEM WORDING: Approval to modify the Roadway Improvement Plan for old State Road 4A as described in Supplemental Agreement for Road and Bridge Funds between Islamorada Village ofIslands, Florida and Monroe County, dated July 18, 200L ITEM BACKGROUND: When the Village ofIslamorada incorporated, Monroe County agreed to fund $969,000 for road improvements to Old State Road 4A. PREVIOUS RELEVANT BOCC ACTION: On July 18,2001, the BOCC approved a Supplemental Agreement for Road and Bridge Funds between Islamorada Village of Islands, Florida and Monroe County for work on Old State Road 4A. CONTRACT/AGREEMENT CHANGES: None. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $ -0- BUDGETED: Yes No X COST TO COUNTY: $ -0- SOURCE OF FUNDS: Capital funds REVENUE PRODUCING: Yes No ~ AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMBrpurchasin~ ~ Management _ j~ j ~ I / .. ... ............ /'" 1/"/ ... .______ / ~'; ... .. <r1avid S. .. oppel, PE, County Engineer DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 May 2, 2005 COUNCILMAN MICHAEL RECKWERDT COlJNCIL\ilAN MIKE FORSTER MAYOR ROBERT JOHNSON VICE YlA YOR PATTY SCHMIDT COtJNCIL\;tA~N CHRIS SANTE Dave Koppel County Engineer Monroe County 1100 Simonton Street, Room 2-216 Key West. FL 33040 Fax: (305) 295-4321 RE: Paving and Drainage Improvements on Old Highway - Upper Matecumbe Key Dear Mr. Koppel: The Village is hereby requesting that the Monroe County allow the VlJIage to begIn work for paving and drainage Improvements to the remaining portions of State Road 4A. As you know, previous improvements made under this agreement have paved and provided drainage for State Road 4A up to Blackwood Drive. This request would provide much needed paving and drainage improvements to the remaining portion of State Road 4A from Blackwood Drive to the U.S. Highway 1 intersection. Enclosed is a map depicting the area for your review. As we discussed, this work is consistent with the intent of the interlocal agreement although the area is being modified to include the remaining portion of State Road 4A which would complete paving and drainage for that corridor in its entirety. Pursuant to Section 2 of the Agreement between Monroe County and Islamorada, Village of Islands dated July 18, 2001, this is a request for conceptual approval for all expenditures which will be made for improvements to "that portion of the formerly known State Road 4A or County Road 904," specifically on Upper Matecumbe Key. The project will require that the Village perform a topographic survey. geotechnical investigations, engineering design, construction documents and inspections, a competitive bid and construction activities in order to complete the improvements, The estimated cost for these activities is $300,000, Of the $969,000 provided by the Interlocal Agreement, the Village's records Indicate that there are $318,000 funds remaining. Therefore, the Village is requesting that the remaining funds be used for the project described herein. If you have any questions or require further information please contact me at (305) 664-2345 extension 231. Sincerely, ~41'L. ~[,^Alliams Public Works Director Attachment c: Bernie LaPira, Village Manager Cindy Lawson, Deputy Village Manager P.O, Box 568, Islamorada, FL 33036 305.664.2345 FAX 305.853.5357 www,islamorada,fl.us .~ SUPPLEMENTAL AGREEMENT FOR ROAD AND BRIDGE FUNDS between ISLAMORADA VILLAGE OF ISLANDS, FLORIDA and MONROE COUNTY ThiS is a supplemental Interlocal Agreement (this "Agreement") between lSLAMORADA, vILLAGE OF ISLANDS, FLORIDA! a Florida municipal corporation (the "VILLAGET/)1 and MONROE . C/t;( COUNTY, a political subdivision of the state of Florida (the "COUNTY"), entered into this }o clay of July, 2001. WHEREAS, subsequent to the VILLAGE's incorporation, certain funds in the COUNTY's possessIon derived from taxes and assessments and other revenues originating from taxpayers and properties located within the VILLAGE remained in the COUNTY's budget and treasury; and WHEREAS, pursuant to Chapter 97-348, Laws of Florida, the VILLAGE was incorporated on December 31, 1997 and all municipal type services, induding planning functions, duties and authority became, after December 31, 1997, vested in the jurisdiction of the VILLAGE and the VILLAGE Council; and WHEREAS, prior to the VILLAGE's incorporation! certain funds were budgeted by the COUNTY for services and projects within the VILLAGE, including, but not limfted to, roadway improvements, planning assistance, parks and beach facilities, and other VILLAGE purposes; and - WHEREAS, such funds were budgeted but not expended by the COUNTY for such VILLAGE purposes; and WHEREAS, an Interlocal Agreement (the "Interlocal Agreementtf) was entered into on June 14, 2001 between the VILLAGE and the COUNTY; and WHEREAS, in the Interlocal Agreement the County agreed to allocate certain funds to the VILLAGE for improvements to that portion of the formerly known State Road 4A or County Road 904 situated within the municipal limits of the VILLAGE (the "Road); a od WHEREAS, the COUNTY determined that the COUNTY purposes to be served by funding said project include improvements to the bicycle path and diversion of traffic from U5-l, NOW THEREFORE, in consideration of the promises, covenants, and obligations contain ed herein. the undersigned parties agree as follows: L Adoption Of Recitals. The above-referenced rEcitals are true and correct and incorporated herein. 2. Road Improvements. Pursuant to the Interlaca' Agreement: 2.1 The COUNTY has allocated $969,000 for improving that portion of the formerly known State Road 4A or County Road 904 situated within the municipal limits of the VILLAGE (the "Road"). 2.2 The moneys specified in Section 2.1 shall be transferred to the VILLAGE by the COUNTY in increments proportionate to the extent of completion of improvements to the Road pursuant to a Roadway Improvement Plan (the "Plan'1 prepared by the VILLAGE and approved by the COUN1Y 2.3 The Plan shall include the design, planning, procurement of services, implementation and construction of improvements to the Road, and shall list all administrative expenses attributable to implementation of the Plan. 2.4 The VHlage Manager shall prepare and forward to the County Administrator within 60 days of execution of this Agreement, a copy of the Plan. The County Administrator will present the Plan to the BOCe for fts approval, which will be deemed granted unless rejected by the BOCC within 30 days following the VILLAGE's submission of the Plan to the COUNTY. 3. Payments. 3.1 The VILLAGE shall submit invoices and requests for payment to the County upon completion of each phase of the Plan. The invoices shall include sufficient backUp documentation to support the request and to meet the COUNlY's standard payment authorization requirements. 3.1.1 The requests for payment from the VILLAGE to the COUNT( may, at the election of the Village Manager, be in the form of either 0) a request for the COUNlY to 2 reimburse the VILLAGE for payments made by the VILLAGE pursuant to the Plan or (ii) a request for the COUNn' to directly pay the VILLAGE's contractors and/or consultants for services performed. 3.2 The COUNTY shall timely forward the VILU\.GE's documentation to the Clerk of the Court for Monroe County, Florida (the "Clerk") to pay all amounts due the VILLAGE under this Agreement. 3.3 In the event the County Clerk requires additional documentation, the COUNTY will so advise the VILLAGE in writing within fifteen days after notification by the Clerk. 3.4 The COUNTY shall make payments to the VILLAGE within 45 days from the date of the Clerk's approval of each invoice. 4. Entire Aqreement. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein. Nothing contained herein shall supersede or modify anything contained within the Inte-rlocal Agreement except as to the Road and Bridge Funds. Accordingly, no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral Dr written. 5. Assiqnrnent. Neither this Agreement nor any term or provision hereof or right hereunder shall be assignable by any party and any attempt to make such assignment shall be void. 6. Notices. 6.1 Whenever any party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, or by a nationally recognized overnight express mail service (e.g., Federal Express), addressed to the party for which it is intended, at the place last specified, and the place for giving of notice shari remain such until it shall have been Changed by written notic.e in compliance with the provisions of this paragraph. The parties designate the following as the respective places for giving notice: 3 For the Village: Islamerada, Village of Islands Charles W. Baldwin, Village Manager P.O, Box 568 Islamerada, Florida 33036 Phone; (305) 664-2345 Facsimile: (305) 664-2399 With a copy to: Weiss Serota Helfman Pastoriza & Guedesi P.A. Village Attorneys Attention: Nina L. Boniske, Esq. 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 phone: (30S) 854-0800 Facsimile: (305) 854-2323 For the COUNTY: James l. Roberts County Administrator 5100 College Road Key West, Florida 33040 Phone: (305) 292-4441 Facsimile: (305) 292-4544 A copy to: James Hendrick, Esq. County Attorney P.O. Box 1026 Key West, Florida 33041-1026 Phone: (305}292-3470 Facsimile: (305}292-3516 6.2 Unless otherwise required by law, any notice sent hereunder Shall (subject to proof of receipt or refusal of same) be deemed to have been delivered on the same day If hand-delivered, on the next business day jf sent by overnight courier, or on the day of receipt or refusal, if sent by certified or registered mail. 7. Amendments. This Agreement may be modified only by an agreement in writing authorized by the VILLAGE Council and the Board of County Commissioners of Monroe County. 8, Io(1emnification. To the extent aHowed by law, each party hereto shall indemnify and save harmless the other from any and all claims, liability, losses, and causes of action which may arise out of the other's actions in fulfillment of thIs Agreement. 9. !.29veminCl Law, This Agreement shall be construed in accordance with the laws of the state of Florida, and any proceedings arising in any matter pertaining to this Agreement shall, to the extent permitted by law, be herd in the Upper Keys Division, Monroe County, Florida. 4 .J Severability, Should any provision, paragraph, sentence, word, or phrase .,....,. . ::: ~ ,. this Agreement be determined by a court of competent jurisdiction to be invalid, ~'therwise unenforceable under the laws of the State of Florrda, such provision, t , ~entencel word, or phrase shall be deemed modified to the extent necessary in order ",' ~~ :,:-;, ; '~r: '-r:' with such laws, then shall be deemed severable, and in this Agreement, shall remain ..01 \;i i.;. 8 <lnd in full force and effect. ~ 1. Defa ult/Remedies. In the event of a failure to perform or a breach of any :'~i"(lr.'p of this Agreement by either the COUNTY or the VILLAGE, which failure or breach is not ':dr..i Nlrnln thirty (30) days of receipt of written notice thereof, such action shall constitute a ........., ,~, "ct this Agreement. 11.1 If and when any default of this Agreement occurs, the non-defaulting party '-'3V avail itself of any legal or equitable remedies that may apply, including, but not .'" ,i; ,:11 to, actual damages, injunctive relief and specific performance of this Agreement. 11.2 Such remedies may be exercised in the sole discretion of the non-defaulting .:\;1rry. 11.3 Nothing contained in this Agreement shall limit either party from pursuing ! ,. ";'1al or equitable remedies that may apply in the event of default. ~xecutio!J Date. The date of execution of this Agreement sha II mean the last day 1'1'> i[ becomes fully executed by the last party to sign. t j Joint Prepa~tion. The preparation of this Agreement has been a joint effort of the ~~ . .~ j \.-~ ... 3pd the resulting document shaU not. solely as a matter of judicial construction, be I~'flore strictly againstl or more favorably to, one of the parties than the other. _ 4. Further Assurances. The COUNTY and the VILLAGE eaCh agree to execute and "" '.' ~\-,e other such further documents or instruments as may be reasonable and necessary '~\ t .. ':' :;ce of the performance of the terms, covenants and conditions of thIs Agreement. 1 '; CounterDa~. This Agreement may be executed in one or more counterparts, each ,~ .' .., ';r.all be deemed to be an original but all of which shall constitute one and the same F"-' ~. . ...... ~ ~ . ; t . 5 16. Non~waiver. No waiver by the COUNTY or the VILLAGE of any provision hereof shall be deemed to have been made unless expressed In writing and signed by such party. No delay or omission in the exercise of any right or remedy accruing to the COUNTY or the VILLAGE upon any breach under this Agreement shall impair such right or remedy or be construed as a waiver of any such breach theretofore or thereafter occurring. The waiver by the COUNTY or the VILLAGE of any breach of any term, covenant or condition herein stated shall not be deemed to be a waiver of any other breach, or of a subsequent breach of the same or any other term, . covenant or condition herein contained. 17. TerminationlTeDJ}. This Agreement will expire on July 1, 2006, or upon completion of all acts contemplated by this Agreement, whichever shall occur first, unless extended by other prOVisions contained hereIn (the "Termination Date"). 17,1 The parties recognize that both the VILLAGE and the COUNTY are making Significant time and monetary investments in the performance of this Agreement. Accordingly, both parties agree that this Agreement shall not be terminated by either party unless one party is in default and fails to cure said default pursuant to Section 11 of this Agreement. In the event of such termination, the non-defaulting party shall provide the defaulting party thirty (30) days written notice of termination. The non-defaUlting party shall be entitled to any and all remedies afforded by law, including, but not limited to, speCific performance, injunctive relief, and monetary damages. 1? ,2 Except as otherwise provided by this Agreement, prior to the Termination Datel all acts contemplated herein shall be completed, and the COUNTY will pay to the VILLAGE all payments due the VILLAGE under this Agreement. 18. Surviv.Q!. The terms and obligations of the parties under this Agreement shall survive the Termination of this Agreement. 19. Filinn Require.d. This Agreement shall be filed with the Clerk of the Circuit Court as required by Section 163.01(11), Florida Statutes, as currently enacted and as may be amended from time to time. 6 \ . . 20. Attorneys' Fees. In the event of any controversy, claim or dispute between the parties arising from or relating to this Agreement including, but not Ilmited to, the enforcement of any indemnity provision, the prevailing party shall be entitled to recover reasonable costs, expenses and attorneys' fees including, but not limited to, court costs and other expenses through all appellate levels. IN WrrNESS wHEREOF, the parties hereto have made and executed this Agreement on the respective dates under such signature. ISLAMORADA, VILLAGE OF ISLANDS, a municiQ orporation of the Stat of E rid a Dated: ;;/~/ /. By: By: Dated: p~ Dated: 1~/ ~RD OF COUNTY COMMISSIONERS MONROE COU~FLOn. _ '" _ r+ By: gz- ,co. '~~ George Neugent, M~yor: L . 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