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Item R7 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 18, 2004 Division: County Clerk Bulk Item : Yes X No AGENDA ITEM WORDING: Consideration by the Board to rescind an Agreement to contribute to the construction of a Culvert with Sunset Venture, developer of Sunset Key and Marina on Stock hland. ITEM BACKGROUND: Item (S.4) was approved at the June 19,2002 Board meeting, but never received by the Clerk for ellecution. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDA TrONS: TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH_Year APPROVED BY: County Atty _ OMB/Purchasing _Risk Management _ DIVISION DIRECTOR APPROVAL: D~ fl.. Cf(o-ek.9.!: - ~ :t~ ~nny L. Kolhage. elerk DOCUMENTA TJON: DISPOSITION: Included X To Follow_ Not Required_ AGENDA ITEM # R ~ Revised 1/03 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 ACTION: See above. CONTRACT IAGREEMENT CHANGES: NIA STAFF RECOMMENDAnONS: Approval. TOTAL COST: COST TO COUNTY: BUDGETED: Yes 0 No 0 I APPROVED BY: County Attorney _ OMB/Purchasing 0 Risk Management 0 DlVISION DIRECTORAPPROVAL~ ~~ T. HE CK DOCUMENTAnON: Included 0 To Follow X Not Required 0 AGENDA ITEM # ~ 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 COUNlY, 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) Involce(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} Involce(s) for any costs Incurred In the temporary relocation of utility lines (If not Induded within construction services) together with proof that the Developer fully paId those Invoices; For the p~rpose 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 defident, he must return the application to the Developer with a written explanation of the defidency 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 prindples 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 Indudlng 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 dlsaetlon, 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 entltied 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, Fl33040 Developer 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 APPROVED AS TO fORM UF Ma~ 17 02 12:10p ~ -1 II J ~d ~ ~ ,..-. Monroe Count~ 3052954321 p.2 .. --- t~ ~ bV PA;( Iv it.-L ~. ~ C-~.~ ~~W. , . VOX-kN'a' compensation .attlement in the amount Of $15,100.50 inclusiVe ot at:torney'. :fa.. an4 co.b. 'there wa. 110 public iDput.. Ration was ...de by eo.is81oner bleb ana .eCOftded by COIallllalonar JPreaari to approval of the ..ttleaent. Motion carried unanimously with COISai..~01IU' Barvey .not present. F~ - 9'/021 COUIIft a...-roRDY Attorney Robert: 2'. hld;Mu, representing SUMot Key and Bu.nHt JlU'1na ad&ke8.8d t:ha BoUd. oonoek1\1.ng pr~.ec.t wI van. wtd111' acce.. t"Oacl -to the Honroe County o.t:entlon eent:er. CoUQty Attorney, J.... S'. HaldrlcJt addrassed 'the Board. lIot1ol' va. -de by eo.ai..ioner .aich .m .acandM bf eo.ia1..1oner DoUCil..e granting ~Ptul approval of . GOIltributioJl not to aceed $17S,OOO toward tha coat. of the inatal1ation ot culvert_, -ujeot to appropriate dDCUllentatJ.on being revievecl by the County A~'. O~~ice. IIbl1 call vot. va. unaniaoue vith CoIadlNllcmn Harwy not present. < - GJlonsr 1GB.... fte Board discussad II Haorandua tZ'Qll lf1Jao1:hy J. ~, D1r~ o~ .lIuuI~ ~ai.n9 posa.tJ.le clatg Ud locration of a Special Public lfeariDt for ~t t.o 1Iawk'. Cay ....:tor De'V81~ Ordar/DtnrelopuJtt' of llegional Iapact. IIcrUoa va. ucSe ~ ~i..laner Douglu. and IIaCObCIecI by ~i..ioaer Pre8uD to bald . Special Heetlllf at the llaratlaoil JOe 011 J'abrury 23, 1'9' at 11100 .... lIotion OUrle4 \JftaMlIOWIlr with e~.1cmer Ila2:vay not: pr..ent. c::rovth ~t Director, Bob BerJIIUI update4 the Board 011 tIut ....:I.ucl .. Mating' vith tJ1!.PI'ltRA ill Atlanta, _ .tate funcling; DCA B19 Pina ~ ROQ() ~btd.Ot: J:oa4 Upl'OV'8llem.8l ucl the Water Quality st.ol'liag eo.lttq 1teN1U1:1on 1n reqard. to lunclit\9 . orn.low OP P17Bt.%c 1fOIU Public WorD DUACt:oJ:o, PeAt 'loree acleb:'g..cI the IJoari and dlscu....s a wooden brldqa on Blu. Water Drift in 8adc11abwaoh Key 'that: vlll be replaced wIth II concrete stt'ucture. . D%n'IGa' OJ' CIIlOftJr' ~1bImr.r .' .. .... '... An update 0111 1eqa1 ie.u.., v.. 1'&",.....1:414 by Laft4 Use CowIe.1 Ralf ~b.. Hr. Bt'ootc 41ccu... the a1:atuc or the f:'\IT:@r::Jn~ nr;J(m ~ n JI ! 1 f 1\. l" 1 fi ,: ; Ir4' ,[. '......, ~~.1.L,.~~._.tl ~ . "1., . FER 2 7, 2002 iUI:j i : I;! , -.. , --T't:;T' U J L....._ ""._ l.,.:d L.J WL.; . . ----...-.-------- .......----.. -... ---....---..-..---- 1996 Edition INSURANCE REQUIREMENTS FOR CONTRACT BElWEEN MONROE COUNlY, FLORIDA AND -'. Prior to the commencement of work governed by this contract, the Contractor shaIl obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Premises Operations · Products and Completed Qperations · Blanket Contr<<ctual !iabiIify · Personallnjwy Liability · Expanded Definition of Property Damage The minimum limits acceptable sbaI1 be: $500,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable sbaI1 be: $250,000 pee Person $500,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is pre{ened. If coyerage is provided on a (lAm., Made policy, its provisions should indUde ~ for claims filed on or after the efftdivc date oftIUs contract.. In addition, ~periOd for which daims may be reported should extend for a miniudJl of twelve (12) months foDowiDg the acceptance ofworlc by the County. The Monroe County Board of County Commissioners shaD be named as Additional Insured on all policies issued to satisfy the above requirements. , .. ../ GL2 Administmtion Instruction '4709.3 S4 1996 Edition ---- GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACf BElWEEN MONROE COUNTY, FLORIDA AND Recogpi7hlg that the work governed by this contract involves either underground ~ explosive activiti~ or the possibility of coDapse of a structure, the Contractor's General Liability Policy sbaI1 include coverage for the XCU (explosion. coDapSt; and underground) exposures with limits of liability equal to those of the General Liability IDsurance policy. --- ------ GLXCU Administration Instruction #14709.3 ~ 60 1996 Edition '-- VEIDCLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT DElWEEN MONROE COUNlY, FLORIDA AND Recogr1i7ing that the work governed ~iS contract requires the use of vehicles, the Contractor, prior to the commencement ofwork, obtain Vehicle liability Insurance. Coverage shan be maintained throughout the life of the contract and indude" as a minimnm~ liability coverage for: · Owned, No~ed, and Hired Vehicles '--'" The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minionlJn limits acceptable shall be: $100,000 per Person $300,000 pee Occurrence $ 50,000 Property Damage The Monroe <;ounty Board of County Cornmitl$ioners sbaU be named as Additional Insured on aD policies issued to satisfY the above requirements. . \. '----' VL2 Administration Jnstroction 14709.3 81 1996 EditiOll WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR cONTRACf DETWEEN MONROE cOUNlY, F'WRIDA 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 Iqjury by Accident $500,000 Bodily Iqjury by Disease, policy limits $500,000 Bodily Injury by Disease, eacl1 employee Coverage shaD be ftUlmt1ined throughout the entire term of the contract. Coverage sbaII be provided by a company or companies authorized to tnmsact business in the state of Florida. - If the Contractor has been approved by the Florida's ~ of Labor, as an authorized self.. io.surtr, the County shaD recognize and honor the Contmctol's status. The Contrador may be required to submit a Letter of Authorization issued by the Deparcmeat of Labor and a Cerlificate oflnsurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate ofIusurance will be . . In addition, the COntractor may be required to submit updated financial statements fi:om ~ 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 Hannless for Other contracton and Subcontracton The Contractor covenants and agrees to ~ and hold hanuIess Momoe <;ounty Board of County Commissioners from any and aD daims for ~ iJiwy (mducIiDg death), personal ~, and property damage (~perty owned by Monroe County) and any otfaeC losses, damages, and expeuses (i 8!fomey's fees) whidJ. arise out o( in connection with, or by reason of services provided by the Contractor or any ofits Subcontractor(s) in any tier, occasioned by the ~~ errors, or other wronsful act or omission of The ContraCtor or its SubcontractOrs in any tier, their employees, or agents. . In the event the CQlDPletion oftbe project (to include the worlc of others) is delayed or suspended as a result of tile CoDtnctor's &iIure to purchase or maintain the required insurance, the Contractor shaD ~ the County film any and aD ina-eased c:xpeoses rcsuItiog ftom such delay. . The first ten doDars ($10.00) of remuneration paid to the Contractor is for the indeJl1llificmoD provided for above. The extent ofJiability is in no way li~ to, reduced, or lessened by the insurance requirements . \, contained elsewhere within this agreement. TCS Administration Insbuction #4709.3 96