Item C11 C.11
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County of Monroe
�y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `_ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
June 16, 2021
Agenda Item Number: C.11
Agenda Item Summary #3307
BULK ITEM: Yes DEPARTMENT: Engineering/Roads
TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295-4329
no
AGENDA ITEM WORDING: Approval of an Interlocal Agreement (ILA) with Florida Keys
Aqueduct Authority (FKAA) to fund 50% of the cost of asphalt overlay and striping (estimated to be
$150,000) of roads on No Name Key.
ITEM BACKGROUND: FKAA is completing upgrades to its water distribution system on No
Name Key and they are required to overlay one lane of the roads where they have performed the
work. The roads on No Name Key — Spanish Channel Drive, Marginella Drive, Tulip Road, Bahia
Shores Road, No Name Drive and the intersections on State Road 4A — are in need of paving.
FKAA agreed to perform an overlay of the full width of these roads and Monroe County will
reimburse them for 50% of the cost of the overlay and striping.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
new
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
ILA with Monroe County for Paving No Name Key 5.28.21
FINANCIAL IMPACT:
Effective Date: June 16, 2021
Expiration Date: 60 days after completion of the work
Total Dollar Value of Contract: $150,000 (estimated—to be adjusted at completion of work)
Total Cost to County: $150,000
Current Year Portion: $150,000
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Budgeted: yes
Source of Funds: 102-22506-560630
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: no If yes, amount:
Grant: NA
County Match: NA
Insurance Required: no
Additional Details:
06/16/21 102-22506 - CONST GAS TAX PROJS 80% $150,000.00
REVIEWED BY:
Judith Clarke Completed 05/26/2021 1:44 PM
Christine Limbert Completed 05/28/2021 11:12 AM
Purchasing Completed 05/28/2021 12:29 PM
Budget and Finance Completed 05/28/2021 12:50 PM
Maria Slavik Completed 05/28/2021 1:47 PM
Liz Yongue Completed 06/01/2021 10:06 AM
Board of County Commissioners Pending 06/16/2021 9:00 AM
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C.11.a
INTERLOCAL AGREEMENT
BETWEEN THE
FLORIDA KEYS AQUEDUCT AUTHORITY
AND
MONROE COUNTY, FLORIDA
THIS INTERLOCAL AGREEMENT is entered into by and between the Florida Keys
Aqueduct Authority (hereinafter the "Authority") and Monroe County (hereinafter the County),
Florida, each of which is an independent, existing entity serving as a public agency under the laws
of the State of Florida.
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WHEREAS, the Florida Keys Aqueduct Authority (Authority) was created by Special
Legislation, Chapter 76-441, Laws of Florida, as amended; and E
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WHEREAS, Monroe County (County), is a political subdivision of the State of Florida;
and >
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WHEREAS, the Authority has contracted with XXXXXTBDXXXXXXX for full width
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asphalt overlay and trench restoration on roadways within No-Name Key, Big Pine Key,
Florida; and c
WHEREAS, the "Authority" and the "County" desire to enter into an Interlocal 2
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Agreement whereby the Authority will provide for full roadway asphalt overlay and trench c
restoration on roadways within No-Name Key, specifically on: Spanish Channel Dr. Marginella
Dr., Tulip Rd., Bahia Shores Rd., No Name Dr. and intersections on State Rd. 4A.
NOW, THEREFORE, in consideration of the mutual covenants, representations and
promises set forth in this Agreement and for other good and valuable consideration each to the
other, receipt of which is hereby acknowledged by each party, the "Authority" and the "Monroe
County" hereby agree, stipulate, and covenant as follows:
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ARTICLE I
DEFINITIONS
WORDS AND TERMS. Words and terms used herein shall have the meanings set forth below:
"Agreement" means this Interlocal Agreement.
"Authority" means the Florida Keys Aqueduct Authority.
"Authorized Representative" means the official of the "Authority" or the "Monroe County"
authorized by ordinance or resolution to sign documents of the nature identified in this Agreement.
"County" means Monroe County, Florida.
"Contractor" shall mean XXXXXXXTBDXXXXXXXXX
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INTERLOCAL AGREEMENT O,
SECTION 2.01 PURPOSE OF INTERLOCAL AGREEMENT. The purpose of this E
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Agreement is to establish a funding mechanism for the following described project: c
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The"Authority" shall provide full roadway asphalt overlay and trench restoration with striping of L
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the roadway within No-Name Key, Big Pine, Florida. 0
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It is understood and agreed that both "Authority" and "Monroe County" representatives will 0)
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participate in a visual inspection at completion of designated work. Any noted deficiencies will r_
be corrected by Contractor forces within 15 calendar days of the inspection date at no cost to
Authority or County. The "Authority" will specify in its contract with its Contractor that the
designated asphalt paving work will meet all of the applicable requirements imposed by law.
Without limiting the generality of the foregoing,the contract will specify that the designated work E
will meet the requirements of the Monroe County Code of Ordinances, Part I, Chapter 19, Article
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II in effect at the time of the overlay. The "Authority" will direct the Contractor to perform the
work in accordance with COUNTY and Florida Department of Transportation standards. The
Authority will monitor the progress of the work and final inspection of the work upon completion.
The "Authority" will notify the "County" at least seven (7) calendar days before commencement
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of the work, and at least seven (7) days prior to final inspection. The "County" may have a
representative present at the final inspection and approval of the work.
The County agrees to reimburse the Authority 50% of the executed contract amount of the total
cost of the approximately 7,500 linear feet of the Full Roadway Asphalt overlay contract less
trench restoration. Payment is scheduled as follows: Total cost of contract to be shared 50%to the
Authority and 50% to the County (less trench restoration). Once the ILA and Contract have been
executed the Authority will request 50% of the County's portion to be paid and at 50% completion
of the contract work, the Authority will request to the County for the remaining 50%payment. At
end of the project the Authority will do a Final Reconciliation statement account for any overage
or shortages due to either the Authority or the County. All close-out contract documents shall be
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attached. "Payment shall be made by the COUNTY upon request for reimbursement by the "!
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Authority.
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■ The designated scope of work is attached here as Exhibit A: (see attached drawings c
indicating proposed work) z
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ARTICLE III
GENERAL PROVISIONS 0
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SECTION 3.01 ASSIGNMENT OF RIGHTS UNDER AGREEMENT. Neither the C
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"Authority" nor the "County" shall have the power to assign rights or obligations created by this
Agreement to any third party without the prior written consent of the other party.
SECTION 3.02 AMENDMENT OF AGREEMENT. This Agreement may be
amended only in a writing signed by an Authorized Representative of each of the parties hereto.
SECTION 3.03 SEVERABIL,ITY. If any term, covenant, condition or provision of
this Agreement(or the application thereof to any circumstance or person) shall be declared invalid
or unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement shall not be affected thereby; and each
remaining term, covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms,
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covenants, conditions and provisions of this Agreement would prevent the accomplishment of the
original intent of this Agreement. The "Authority" and "County" agree to reform the Agreement
to replace any stricken provision with a valid provision that comes as close as possible to the intent
of the stricken provision.
SECTION 3.04 ATTORNEY'S FEES AND COSTS. The "Authority" and
"County" agree that in the event any cause of action or legal proceeding is initiated or defended -�
by any party relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevailing party, and shall include attorney's fees, court
costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings
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initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules
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of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe
County. E
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SECTION 3.05 ADJUDICATION OF DISPUTES OR DISAGREEMENTS. c
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The parties agree that all disputes and disagreements shall be attempted to be resolved by meet
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and confer sessions between representatives of each of the parties. If the issue or issues are still 2-
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not resolved to the satisfaction of the parties, then any party shall have the right to seek such
relief or remedy as may be provided by this Agreement or by Florida law. 0
SECTION 3.06 NONDISCRIMINATION. 2
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The parties agree that there will be no discrimination against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates without any further action on the part of any
party,effective the date of the court order. The parties agree to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but
are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination in employment on the basis of race, color,religion, sex, and national origin;2)Title
IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4)
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The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-
255),as amended,relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-
616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s.3601 et seq.), as amended,relating to nondiscrimination in the "-
sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s.
e(
12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code, Chapter 14, Article II,which prohibits discrimination on the
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basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender Li
identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties hereto, or the subject matter of, this M
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Agreement.
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SECTION 3.07 COOPERATION. In the event any administrative or legal 0
proceeding is instituted against either party relating to the formation, execution, performance, or
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breach of this Agreement, the parties agree to participate, to the extent reasonably required by the
other party, in all proceedings, hearings, processes, meetings, and other activities related to the r-
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substance of this Agreement or provision of the services under this Agreement. The parties
specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement or any Attachment or Addendum to this Agreement.
SECTION 3.08 COVENANT OF NO INTEREST. The Parties covenant that
neither presently has any interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
SECTION 3.09 CODE OF ETHICS. The parties agree that their officers and
employees recognize and will be required to comply with the standards of conduct relating to
public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but
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not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
SECTION 3.10 NO SOLICITATION/PAYMENT. The Parties warrant that, in
respect to itself, it has neither employed nor retained any company or person, other than a bona
fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of this provision,the each party agrees that the other party shall have the right to terminate
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this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
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recover, the full amount of such fee, commission,percentage, gift, or consideration.
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SECTION 3.11 PUBLIC ACCESS TO RECORDS. The parties shall allow and
permit members of the public reasonable access to, and inspection of, all documents, papers, z
letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the parties in conjunction with this Agreement.
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SECTION 3.12 NON-WAIVER OF IMMUNITY. Notwithstanding the provisions
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of Sec. 768.28, Florida Statutes, the participation of the parties in this Agreement and the 0)
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acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by a party be required to contain
any provision for waiver.
SECTION 3.13 LEGAL OBLIGATIONS; NON-DELEGATION OF DUTIES. c,
This Agreement is not intended to, nor shall it be construed as, relieving any participating entity
from any obligation or responsibility imposed upon the entity by law except to the extent of actual
and timely performance thereof by any other participating entity, in which case the performance
may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to,nor shall it be construed as, authorizing the delegation of the constitutional or statutory
duties of either party, except to the extent permitted by law.
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SECTION 3.14 NON-RELIANCE BY NON-PARTIES. No person or entity shall
be entitled to rely upon any terms of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated hereunder, and the
parties agree that neither the "Authority" nor the "County" or any agent, officer, or employee of
each shall have the Authority to inform, counsel, or otherwise indicate that any particular
individual or group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement. "-
SECTION 3.15 NO PERSONAL LIABILITY. No covenant or agreement
contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or
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employee of a party in his or her individual capacity, and no member, officer, agent or employee
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of a party shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement. E
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SECTION 3.16 SECTION HEADINGS. Section headings have been inserted in this c
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Agreement as a matter of convenience of reference only, and it is agreed that such section headings .9
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are not a part of this Agreement and will not be used in the interpretation of any provision of this
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Agreement.
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SECTION 3.17 GOVERNING LAW; VENUE. This Agreement shall be governed 0)
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by and construed in accordance with the Laws of the State of Florida applicable to contracts made
and to be performed entirely in the State. In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of this Agreement, the parties agree
that venue will lie in the appropriate court or before the appropriate administrative body in the 16h
Judicial Circuit in and for Monroe County, Florida. E
SECTION 3.18 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 party may designate to the other party by mail:
If to COUNTY: Roman Gastesi, Jr.
County Administrator
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Monroe County Historic Gato Bldg.
1100 Simonton Street
Key West, Florida 33040
With a copy to: Christine Limbert- Barrows
Assistant County Attorney
P.O. Box 1026
Key West, Florida 33041-1026 �-
If to AUTHORITY: Kerry Shelby W
Executive Director
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1100 Kennedy Drive Ls
Key West, Florida 33041
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Any Notice required by this Agreement to be given or made within a specified period of c
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time, or on or before a date certain, shall be deemed to have been duly given if sent by certified 9
mail, return receipt requested, postage and fees prepaid; hand delivered; or sent by overnight CIL
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delivery service.
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ARTICLE IV C
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EXECUTION OF AGREEMENT
SECTION 4.1 DEFAULT. In the event of any failure of compliance by either party
hereto with any of its material obligations to the other party as provided herein, such action shall
constitute a default under this Agreement.
Upon any such default, the non-defaulting party shall provide to the defaulting party 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 party shall cure any such default
within 30 days following the date of the Default Notice.
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Notwithstanding the provisions of this Section, if any such default by the defaulting parry remains
uncured at the conclusion of any specified 30 day cure period, and if the nature of the defaulting
party'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 party 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.
In the event the defaulting parry 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 parry, to
terminate this Agreement. "!
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If such Notice is given, this Agreement shall terminate on the date set forth in the Notice and the
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parties shall be relieved of all rights and obligations hereunder, except for any rights and M
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obligations that expressly survive termination. c
SECTION 4.02 FUNDING. CL
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The parties agree that the County's only responsibility under this Agreement is to provide
funding relating the Authority's scope of work.
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SECTION 4.03 COUNTERPARTS. This Agreement shall be executed in three or
more counterparts, any of which shall be regarded as an original and all of which shall constitute
but one and the same instrument.
SECTION 4.04 SUPERSEDES OTHER AGREEMENTS. The parties agree that
this Agreement represents their mutual agreement and replaces and supersedes any prior
agreements, understandings, or communications on the subject of the Agreement, whether written
or oral.
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IN WITNESS WHEREOF,the parties have caused this Agreement to be executed on their behalf
by the Executive Director of the"Authority" and the"County's Mayor".
Authority Board Approved:
FLORIDA KEYS AQUEDUCT AUTHORITY
ATTEST:
By:
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Clerk Kerry Shelby, Executive Director
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MONROE COUNTY
ATTEST:
KEVIN MADOK, CLERK
By:
As Deputy Clerk Michelle Coldiron, Mayor
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Exhibit A- Designated Scope of Work
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