Item S4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
June 19, 2002
Division:
County Attorney
AGENDA ITEM WORDING:
Approval of Agreement to Contribute to the Construction of a Culvert with Sunset
Venture, developer of Sunset Key and Marina on Stock Island.
ITEM BACKGROUND:
At the BOCC meeting of January 14, 1998, conceptual approval was granted for a
contribution not to exceed $175,000 for the installation of a culvert under the access
road to the Detention Center.
PREVIOUS RELEVANT BOCC AcnON:
See above.
CONTRACT I AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
BUDGETED: Yes 0 No 0
COST TO COUNTY:
APPROVED BY: County Attorney. OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTORAPPROVAL~ ~~
S T. HE RICK
DOCUMENTATION: Included 0 To Follow X Not Required 0
AGENDA ITEM #
~4
AGREEMENT TO CONTRIBUTE TO THE CONSTRUCTION OF A CULVERT
THIS AGREEMENT is entered into on this the day of June, 2002, by and between
MONROE COUNTY, a political subdivision of the State of Florida (the County), whose address is Gato
Building, 1100 Simonton Street, Key West, FL 33040 and SUNSET VENTURES OF KEY WEST, INC., a
Florida corporation, the developer of Sunset Key and Marina on Stock Island (the Developer), whose
address is 5555 College Road, Key West, FL 33040.
WHEREAS, the existing access road on Stock Island connecting the County's jail and the
Sheriff's administrative office and the Developer's project to College Road does not provide adequate
water circulation as required by the Army Corp. permit issued for the access road;
WHEREAS, the developer desires to correct the water flow problem as soon as possible by
constructing a culvert underneath the access road to allow for the circulation required by the Corp.
permit; and
WHEREAS, the County previously agreed to fund the construction of the culvert in an amount
not to exceed $175,000; and
WHEREAS, the Developer agrees to undertake the construction of the culvert; now, therefore,
IN CONSIDERATION of the mutual promises and benefits set forth below, the parties agree as
follows:
1. The Developer agrees to construct a culvert beneath the access road as depicted in
the location and construction/engineering documents depicted in Exhibit A. Exhibit A is attached to,
and incorporated in, this agreement. Provided, however, in the event of a conflict between Exhibit A
and a requirement of the Army Corp., the requirement of the Corp. controls. The Developer agrees
that the culvert will be complete, and functioning in a manner satisfactory to the Army Corp. within
100 days of the date first written above unless delayed by circumstances beyond the Developer's
control. A copy of the Army Corp's written approval that the culvert is satisfactory to the Corp. must
be furnished to the County before any payment may be made under this agreement. Upon
completion the ownership of the culvert shall automatically vest in the County which shall thereafter
be responSible for all culvert maintenance.
2. a} Following completion of the culvert and the furnishing to the County of the written
approval of the culvert by the Corp., the County must reimburse the Developer its costs incurred in
the construction of the culvert in an amount not to exceed $175,000. The reimbursement payment
will be made to the Developer upon the Developer's application for reimbursement to the County
Engineer in a form satisfactory to both the County Engineer and County Clerk. The application must
contain the following:
1) Invoice(s) for construction services performed together with proof that the
Developer fully paid for such services, e.g., copies of canceled checks;
2) Invoice(s) for materials incorporated into the culvert, or for materials whose
purchase was necessary so that culvert could be constructed, together with proof that the
Developer fully paid those invoices;
3) Invoice(s) for any costs incurred in the temporary relocation of utility lines (if
not included within construction services) together with proof that the Developer fully paid
those invoices;
For the purpose of this agreement construction costs and construction services includes
engineering and surveying services.
b) When the County Engineer has reviewed and approved the reimbursement application,
he must forward it to the County Clerk for payment. If either the Engineer or the Clerk determines
that the application is deficient, he must return the application to the Developer with a written
explanation of the deficiency and what is needed to correct the application so that the payment can
be made.
c) The Developer acknowledges that the payment due under this agreement is a lump
sum reimbursement and that the County will make no progress payments during the course of
culvert construction.
d) The Developer agrees to keep its financial records pertaining to the culvert
construction pursuant to generally accepted accounting principles and to make those records
available to an auditor employed by the Clerk upon request during normal business hours (M-F, 9
AM - 5 PM, holidays excepted). If the Clerk determines that an item or items for which the County
reimbursed the Developer under this agreement were not authorized by this agreement, then the
Developer must immediately repay the County the amount(s) paid to the Developer for such
item(s), plus interest calculated pursuant to the rate established in Sec. 55.03, FS, running from the
date the erroneous payment was made. The Developer must retain its financial records pertaining
to the culvert construction for a period of three years beginning on the date of the Corp's approval of
the culvert.
3. During the course of construction the Developer must keep in full force and effect the
insurance described in Exhibit B. Exhibit B is attached to this contract and made a part of it.
4. In the construction of the culvert, the Developer agrees to indemnify and hold
harmless the County, its officers, employees and contractors, from any property damage, or injury
to persons, caused by the sole negligence of the Developer or its employees or any contractors
employed by the Developer including their subcontractors.
5. The Developer warrants that he/it had not employed, retained or otherwise had act on
his/its behalf any former County officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No.
010-1990. For breach or violation of this provision the County may, in its discretion, terminate this
contract without liability and may also, in its discretion, deduct from the contract or purchase price,
or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid
to the former County officer or employee.
6. This agreement is governed by the laws of the State of Florida. Venue for any
litigation arising under this agreement must be in a court of competent jurisdiction in Monroe
County, Florida. In the event of litigation, the prevailing party is entitled to costs plus a reasonable
market value attorney's fee.
7. All correspondence between the parties required by this agreement should be sent to:
Monroe County
Dave Koppel, County Engineer
Gato Building
1100 Simonton Street
Key West, FL 33040
Develooer
Sunset Ventures of Key West, Inc.
5555 College Road
Key West, FL 33040
8. This agreement represents the parties' final mutual understanding and replaces all
prior agreements, whether oral or written. This agreement may only be modified by a writing signed
by an authorized representative of each party.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
(SEAL)
Attest:
SUNSET VENTURES OF KEY WEST, INC.
By
Title
By
Title
jdconculvert
Ma~ 17 02 12:10p
Monroe Count~
3052954321
p.2
--
~ ,.~ /17J'
J VA "
t~ O~~~ IV lrt~
~bVPA;( O~aA-J? I .
If) ~ ~ ~ 9./21
GCfl't.1. ~ ~/o//tV.
.
vo~kers' co.pen.a~ion .ettlement in the amount Of $15,100.50
inclusive of a"orney's fe8" anel coSt80 There wall hO public
input. Rotion fts lIade by Co_issioner Reich and seconded by
C0IID1..1onar Freeman to approval ot the Bettl_onto Motion
carried unanimously with Comm1..~oner Harvey not present.
...
F~
~
.1
\l
J~
~j
\J
~
~
,-
--
COUJl'lY ~ft'OR..Y
Attorney Robert: '1". FeldJqn, representlnq Sunset Key and
Sunset Karina addressed t:he Board oono.rnlnq prOpOBe4 ~lv.rt.
under ace... road to the Konroe County Detention center 0 COunty
A~torney, James To lJendrlck addressed the Boardo !lotio,. was Ode
by co~l&&ioner Reich and seconded by Coa.1881oner Douqla..
granting conceptual approval of . contribution not to exceed
$17S,OOO tOWard the coat. of the installation of culvDrta,
subject to appropriate documentation beinq reviewed by the County
Attorney's Office. Roll call vote was unanimous with
Cmnai_iohet- Harvey not: preseftto
<
--
CUlOft'B DDGIIIBD'
The Board discu8sed a Muoranc!uJt .from 'fiJaothy J.
Hc:Garry, Director o~ Planning concern111CJ poss!))le elates and
looa~ion of a Special Public Hear1n9 for AMendment to Hawk'. Cay
Major Deve10pment order/Delfelopment or Regional Illpacto lIot:ion
va. ..d8 by COJImissloner Douglass and ..cohded by C:O-i88ioner
Prenan to bald a Spec!al JleetillCJ at the llarathon lOe on J"ebruuy
23, 1998 at 11:00 80110 Hotion oarried. unanblously with
COMi..ioner aarvey not presento
Growth Management Director, Bob Berman updated the
Board on tIut $403 and a 1le8t1nCJ vith tJP.P/BPA in Atlanta - atat.
fundift9: DCA Big Pine Key ROQO sul)clbb'ict: road illp"veaent.., and
the Water Quality Steel'll19 collll1ttae RallOlu1:ion 1n reqarCIa to
fundin9.
nrtX8%OH OP P1JDLIC 1fOHB
Public Worn Directozo, Den~ I'iorce aclcll'e...ci the Board
and discussed a wooden bridge on Blue Water Drive in Saddlebunoh
Key 1:ha1: will ))8 replaced with a concrete stt'uctureo
D!yr810. 07 CJRD1mI' ~1IIImI'.r
. "
An updab on 18<<1a1. 1..1.1.. va. pr.s.n~.d by Laft4 Us.
Counsel Ralf 8rooJte.. Mro Brooks dlscu8.e4 the "Utuc of the
fnlf?t:\r;Jnr. nr;'~
: rr.L1.J.~~l.u.LUlLtCl,n I
. ~:. f
FES 2 7 2002 il! i
. . ,'!; i
. .... ..-:-;-.....~. ..li j
'-'.. _ -'._ L.:--.I :..... L.J~
"'"b:..___ __ _.. ..._ _ao__________
1996 Edition
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROECO~,ROmIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$250,000 per Person
$500,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is pIeferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims tiled on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements_
--"
GL2
Administration Instruction
#4709.3
54
1996 Edition
'-"
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves either underground exposures,
explosive activities, or the possibility of collapse of a structure, the Contractor's General Liability
Policy shall include coverage for the XCU (explosion, collapse, and underground) exposures with
limits of liability equal to those of the General Liability Insurance policy.
GLXCU
'---'
Administration Instruction
#4709_3
60
1996 Edition
'----'
VEmCLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
'----'
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements_
VL2
'---'
Administration Instruction
#4709.3
81
1996 Edition
--'
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
WC2
-----
Administration Instruction
#4709.3
88
1996 Edition
. . . .
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACf ADMINISTRATION
MANUAL
Indemnification and Hold Harmless
for
Other Contracton and Subcontracton
The Contractor covenants and agrees to indemnifY and hold harmless Monroe County Board of
County Conunissioners from any and all claims for bodily injury (mcluding death). personal injury.
and property damage (including property owned by Monroe County) and any other losses.
damages. and expenses (mcluding attorney's fees) which arise out ot: in connection with. or by
reason of services provided by the Contractor or any ofits Subcontractor(s) in any tier,
occasioned by the negligen~ errors. or other wrongful act or omission of The Contractor or its
Subcontractors in any tier. their employees. or agents.
In the event the completion of the project (to include the work of others) is delayed or suspended
as a result of the Contractor's failure to purchase or maintain the required insurance. the
Contractor shall indemnifY the County from any and all increased expenses resulting from such
delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced. or lessened by the insurance requirements
contained elsewhere within this agreement.
TCS
Administration Instruction
#4709_3
96