Item R6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
October 16, 2002
Division:
County Attorney
AGENDA nEM WORDING:
Approval of Interlocal Agreement With the City of Marathon for the Rehabilitation of the
Boot Key Harbor Bridge. No comments received from the City as of October 9, 2002.
ITEM BACKGROUND:
Authorized by BOCC at their September meeting.
PREVIOUS RELEVANT BOCC ACnON:
CONTRACT I AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
ApprovaL
TOTAL COST: BUDGETED: Yes 0 No 0
COST TO COUNTY:
APPROVED BY: County Attorney - OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL:cf?~ ~
~CK
DOCUMENTATION: Included 0 To FOllow 0 Not Required 0
AGENDA nEM #
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INTERLOCAL AGREEMENT FOR THE
REHABILITAnON OF THE BOOT KEY HARBOR BRIDGE
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lHlS INTERlOCAl AGREEMENT Is entered into purnuant to Sec. 163.01, FS, by and
between the CIty of Marothon (CIty), a f10rida munldpa/ corporation whose address is 10045-55
Overseas Highway, Marathon, Fl 33050; and Monroe County (County), a POlitical subdivision of
the State of florida, whose address Is Gato Building, 1100 Simonton Street, Key West, Fl 33040.
WHEREAS, the parties previously agreed that the County WOUld spend up to $1,000,000 to
repair the Boot Key Harbor Bridge;
WHEREAS, an Engineering estimate for rehabilitation costs was prepared and agreed
between the parties, estimating the cost of 22 ilne l!ems at $630,333, plus a 20% contingency In
the sum of $126,066;
WHEREAS, Design and other Professional services required for the bridge repair work are
estimated to cost $200,000; now, therefore,
IN CONSIDERATION of the mutual promises set fOrth below, the parties agree as foilows:
I. The City agrees to rehabilitate the Boot Key Harbor Bridge, located within the CIty,
hereafter the Project. The Project IndUdes: engineering des/gn. and Inspectlon services, the
preparation of an RFP for the rehabilitation work, and construction services. The Project work Is
more particularly described in exhibit A which is attached to, and made a part of, this Interlocal
agreement. The CIty will be responSible for entering into controcts for the Project and Supervising
all design, inspection and construction services.
2. The County agrees to relmbu",e the CIty for the Project described In paragraph
one, Subject to the follOWing:
a) Reimbursement is on a monthly basls for services performed during the
prior month.
b) To receive payment, the CIty must SUbmit to the County Engineer, In a
format satisfactory to the County Engineer and County Clm, an invoice for the Project services
performed In the prior month., The Invoice must describe the services performed together with
Proof that paYment has been made to the CIty's contractor(S) and materialmen. Before the IInal
payment may be made releases from any and ail dalms against the CIty from Its contractor(s)
and materialmen must also be furnished to the County.
c) If the InVOice is satisfactory to the County Engineer, he shall folWard the
Invoice to the County Clerk for payment. If the County Engineer or County Clerk determine that
an Invoice contains an error or omission, then the County engineer or County Clerk (as
apPropriate) must retum to invoice to the City With a written explanation of the error Or amiSS/on.
If the invoice COntains no error or omission, then the County shall pay the City Within 20 days of
the County Engineer's receipt of the inVOice. If the Invoice is returned for correction, then the
payment must be made Within 20 days of the date the County OfflC/al who requested the
correction receives the corrected inVoice.
d) The maximum amount the COunty Is obligated to pay the City under this
Intenneal agreement Is $200,000 for professional design and InsQectJon services and $756,400 for
the construction costs of the bridge rehabilitation. The allocation of amounts for the partiCUlar
construction tasks are set forth In detail In exhibit A. Those allocations are gUidelines,
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however, and shall be adjusted to refiect the actual amounts of the construction contract(s)
entered into by the City.
3. The City agrees to keep its financial records pertaining to the Project acCOrding to
generally accepted aCCOUnting prinCiples and to retain such records for three years follOwing the
date when the Project is complete. The records must be made available for Inspection by an
auditor employed by the County Clerk Or County during regular bUsiness hours (Monday to Friday,
9 AM - 5 PM, hOlidays excePted). If the auditor determines that County funds paid to the City
under this interlocal agreement were used for a purpose not authoriZed by this agreement, then
the City must refund the funds improperly spent with interest calculated pursuant to Sec. 55.03,
FS, with interest running from the date the County paid the Improperly spent funds to the City.
This paragraph will survive the completion of project and the receipt of the final payment by the
City.
4. To the extent permitted by Sec. 768.28, FS, the City agrees to indemnity and hold
harmless the BOCC, the County, Its officers. employees. agents and contractors, from any
negligent act(s) or omISSlon(s) of the City, Its officers and employees, contractors (in any tier)
and materialmen, that OCCur during, or as a result of, the Project. This paragraph will SUrvive the
completion of the Project and the receipt of the finar payment by the City. .
5. The parties agree that all design and Inspection profeSSionals, Project contractors
(in any tier) and materialmen furnishing materials for the Project, are in privity with the City only,
may not seek direct payment from the County, and that the County.has no duty, liability or other
obligation to such persons. The City agrees to Include a sentence similar to the foregOing In all
contracts entered into by the City for the PrOject.
6. In awarding contracts for the design, inspection and rehabilitation of the Boot Key
Harbor Bridge the City agrees to abide by all applicable City ordinances and state and federal
laws. In the eVent of a violation of those ordinances or 'aws by the City In awarding a Contract,
or the claim by a contractor (in any tier), an unSuccessful bidder or another third party, that the
City violated such ordinances or laws, the County may, In Its discretion, WithhOld reimbursement
payments until the Violation Or the claim Is resolved, Whether by mutual agreement, arbitration,
Or the final decision of a court.
7. If a diSpute occurs between the City and a design or insP<!ction professional, Project
contractor (In any tier) or materialmen, regarding Project services or material, the County may. In
Its discretion. withhold from the reimbursement payment(s) any amount(s) In dispute until the
dispute Is resOlved, whether by mutual agreement. arbitration. Or the final decision of a court.
8. Ail correspondence between the parties made necessary by this In terloca I
agreement must be in Writing and delivered to the fOllOWing:
Monroe County
Dave Koppel, Engineer
1100 Simonton Street
Key West, FL 33040
City of Marathon
9. Except as Provided In paragraphs 3 and 4, this agreement will cease to have any
further force and effect three years from the effective date. Any funds not yet paid to the City by
that date will be releaSed from any obligation or commitment for payment to the City and may
thereafter be USed for any County purpose. The County will thereafter have no further duty or
obligation to the City pursuant to this agreement.
10045-55 Overseas Highway
Marathon, FL 33050
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10. Venue for any litigation ari$Jng Under this inlerlocal agreement must lie In a COUrt
of comJ>Olent jUrisdiction In Monroe County, florida. In the event of litigation the prevailing party
Is entltied to costs plus a reasonable faIr market value attomey's fee.
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11. The partles agree that this inlerloca, agreement represents the partles' ftnol mutual
undemanding and replaces any prIor agreements concemlng the same SUbject matter whether
Written or oral. This Inter/ocal ag""""ent may only be modlfled by a writing agreed to by both
parties.
12. This agreement WIll lake effect when It has been apProVed and executed by both
parties and copies ftled with the County Oerk and City Oork.
(SEAL)
Attest: DANNY L.KOlHAGE, Clerk
By_
. BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, flORIDA
Date _
Deputy Clerk
By_
Mayor/Chairperson
(SEAL)
Attest: Clerk
By__
CITY COUNCIL OF MARATHON, FLORIDA
Date _
Deputy Clerk
By_
Mayor
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