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Item C21BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 03/17/04 Division: Public Works Bulk Item: Yes X No Department: Engineering AGENDA ITEM WORDING: Approval to enter into an Interlocal Agreement with the City of Key West whereby the City will provide $180,000 to complete funding for a project described as CR5-A/Flagler Avenue in Key West. ITEM BACKGROUND: Flagler Avenue is one of six County roads within the City (Palm Avenue, I" and parts of Flagler, Bertha, Duval, Eaton, and Whitehead). The County has jurisdictional and maintenance responsibility on these roads because of their functional classification as major collectors. The State maintains principle arterials (US 1 and South Roosevelt Boulevard) while the City maintains minor collectors and local roads. At the March 19, 2003 meeting, the BOCC approved a Joint Participation Agreement and on April 16, 2003, the BOCC approved a Memorandum of Agreement in the amount of $1,295,000.00 attached to the JPA. When the State of Florida let the project the lowest bid came in $785,000.00 over what the State had budgeted. The State re-evaluated the project, but the project was still short $180,000. The City of Key West has offered to reimburse Monroe County for the shortage over a three-year period commencing July 1, 2004. PREVIOUS REVELANT BOCC ACTION: Work on Flagler Avenue is part of the 7-Year Plan approved December 18, 2003. On March 19, 2003, the BOCC approved the Joint Participation Agreement with the Florida Department of Transportation in an amount of $1,295,000 for work on CR5-A/Flagler Avenue in Key West. On April 16, 2003, the BOCC approved a Memorandum of Agreement describing funding for the Joint Participation Agreement with the FDOT approved March 19, 2003 CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $180,000.00 COST TO COUNTY: $ -0- REVENUE PRODUCING: Yes No X APPROVED BY: County Atty ITEM PREPARED BY: BUDGETED: Yes No X SOURCE OF FUNDS: AMOUNT PER MONTH Year Risk Management David S. pel, County Engineer DIVISION DIRECTOR APPROVAL: Dent Pierce DOCUMENTATION: Included_ To Follow Not Required J DISPOSITION: AGENDA ITEM #�/ Revised 1/03 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT MODIFICATION SUMMARY Contract with: City of Key West Contract No. Interlocal Agreement Effective Date: Upon execution Expiration Date: Upon receipt of final payment Contract Purpose/Description: Approval to enter into an Interlocal Agreement with the City of Key West to provide the $180,000.00 shortfall to construct the project described as CR5-A/Flagler Avenue in Key West for which the County and FDOT have entered into a Locally Funded Joint Participation Agreement and Memorandum of Agreement Contract Manager: David S. Koppel, PE (Name) For BOCC meeting on 03/17/04 4426 Engineering / # 1 (Ext.) (Department/Stop #) Agenda Deadline: 03/02/04 CONTRACT COSTS/REVENUE Total Dollar Value of Contract: $ 180,000.00 Current Year Portion: $60,000.00 Funding provided by the Citv of Kev West Budgeted? Yes No ✓ Account Codes: Grant: $ -_ County Match: $ -_ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance. CONTRACT REVIEW lities, janitorial, salaries, etc. Changes Dat In Needed � R�evi r Division Director 3 '� Yes[:] —_ Risk Management Yes[:] Noa A O.M.B./Purchasing, Yes[] No,r--:;i— County Attorney -3AYes❑ No� Comments: Date Out 3 h lu Y- X* ( - "Z -7 —',a 1-J1v113 r0111111ev15ea L/L//V1 1v11.Y FFL INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT entered into this day of 2004, by and between MONROE COUNTY, a political subdivision of the State of Florida, existing under the laws of the State of Florida, hereinafter called the COUNTY, and the CITY OF KEY WEST, a municipality of the State of Florida, hereinafter called the CITY. WITNESSETH WHEREAS, the COUNTY owns roads, rights of way and easement interests in a road system which includes Flagler Avenue located within the CITY; and WHEREAS, the COUNTY has entered into a Locally Funded Agreement with the Florida Department of Transportation (FDOT) dated March 19, 2003 for construction of a road improvement project described as CR5-A/Flagler Avenue in Key West, Florida, hereinafter called Project, in Fiscal Year 2002/2003; and WHEREAS, the COUNTY has entered into a Memorandum of Agreement dated April 16, 2003 in conjunction with the Locally Funded Agreement with the Florida Department of Transportation (FDOT) for construction of a road improvement project described as CR5-A/Flagler Avenue in Key West, Florida, in Fiscal Year 2002/2003; and WHEREAS, the Project was let June 18, 2003, but all of the bids received were over the budgeted amount of the Project, and, therefore, all were rejected. A meeting with FDOT, COUNTY, and CITY representatives was held and the project was re-evaluated to lower project costs. After all cost cutting measures were taken, the Project is still $180,000.00 over the original estimate; and WHEREAS, the CITY is desirous of participating with the COUNTY in this Project and has passed Resolution No. 03-407 is authorizing execution of an interlocal agreement with the COUNTY to provide $180,000.00 over three (3) consecutive years ($60,000.00 per year) first payment to be received by COUNTY prior to close of business June 30, 2004, and June 30 both years thereafter, to supplement the COUNTY's payments to the FDOT for landscaping and roadway enhancements along Flagler Avenue; and WHEREAS, the parties are authorized to enter into this agreement pursuant to section 163.01, Florida Statutes (2000); and NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The COUNTY and FDOT have entered into a Locally Funded Agreement for the construction of road improvements to Flagler Avenue in Key West, Florida, with Monroe County advancing $1,220,000 for the Construction Phase of the Project. 2. The COUNTY and FDOT have entered into a Memorandum of Agreement dated April 16, 2003 in conjunction with the Locally Funded Agreement for construction of a road improvement project described as CR5-A/Flagler Avenue in Key West, Florida. 3. All of the bids for the Project which was let June 18, 2003, came in over budget, and even though the Project was re-evaluated, implementing cost-cutting measure, it is still $180,000.00 over budget. 4. The CITY agrees to provide $180,000.00 over three (3) consecutive years ($60,000.00 per year) commencing July 1, 2004, and June 30 both years thereafter, to supplement the COUNTY's payment to FDOT for landscaping and roadway enhancements along Flagler Avenue. 5. The terms of this Agreement commence upon execution by both parties. 6. This writing embodies the entire Agreement and understanding between the parties and there are no other agreements and understanding, oral or written, reference to the subject matter hereof that are not merged herein and superseded hereby. 7. This Agreement is nontransferable and nonassignable in whole or in part without prior consent of the COUNTY. 8. This Agreement is governed by the laws of the State of Florida. 9. All written communication required under this contract must be sent by registered mail or certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To COUNTY: Monroe County 1100 Simonton Street Key West, Florida 33040 Attention: Director of Public Works To CITY: City of Key West 525 Angela Street Key West, Florida 33040 Attention: Assistant City Manager By giving notice as described in this section either party may change its address for all subsequent notices. Notices sent in compliance with this section are deemed delivered when placed in the mail. 10. The Agreement may be modified only by an agreement in writing authorized by the COUNTY and CITY. 11. To the extent allowed 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. 12. Should any provision, paragraph, sentence, word, or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable under the laws of the State of Florida, such provision, paragraph, sentence, word, or phrase shall be deemed modified to the extent necessary in order to conform with such laws, then shall be deemed severable, and in this Agreement, shall remain unmodified and in full force and effect. IN WITNESS' WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. CITY OF KEY WEST By: Mayor ATTEST: CHERYL SMITH, CITY CLERK Um Clerk APPROVED AS TO LEGAL FORM: City Attorney Office MONROE COUNTY FLORIDA By Mayor ATTEST: DANNY L. KOLHAGE, CLERK m (Deputy Clerk) i Sri ,,�,_..