Item F27 F.27
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District 1
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
November 15, 2022
Agenda Item Number: F27
Agenda Item Summary #11334
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 the Florida Keys
Aqueduct Authority (FKAA) for FKAA to reimburse the County for 50% or approximately
$131,418.95 for resurfacing of Eaton Street from Whitehead Street to Simonton Street and approval
to fund the County's share of a change order in the amount of an estimated $131,418.95 to add the
resurfacing work under the previously approved ILA with the City of Key West for the Old Town
Road Improvements Project. Actual final cost will be based on final quantities and contractor unit
prices for completed work.
ITEM BACKGROUND: Monroe County executed an ILA with the City of Key West on February
19, 2020 to reimburse the City for resurfacing the County's portions of Duval Street and Whitehead
Street as part of the City's Old Town Road Improvements Project.
FKAA replaced a water line along Eaton Street from Whitehead Street to Simonton Street in
January, 2022 and is required by Monroe County Codes to resurface the lane of the road where work
occurred. The County agreed to fund resurfacing of the other lane to provide full width resurfacing
of the two blocks of Eaton Street. It was determined that the most efficient method to complete the
resurfacing work would be to utilize the City's contractor for the Duval/Whitehead Street project via
change order under the existing ILA with the City and the City would invoice the county for 100%
of the cost and then obtain reimbursement for 50% from FKAA under this ILA with FKAA.
The estimated cost of$262,837.90 that will be split between FKAA and the County is based on
estimated quantities for materials and agreed upon material unit prices; the final price will be
adjusted based on actual quantities of materials used upon completion of the work.
PREVIOUS RELEVANT BOCC ACTION: BOCC approved and ILA with the City of Key West
for resurfacing of the County's portions of Duval and Whitehead Streets at the February 19, 2020
BOCC meeting.
CONTRACT/AGREEMENT CHANGES:
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STAFF RECOMMENDATION: Approval as requested
DOCUMENTATION:
ILA with FKAA for Paving Eaton Street Final 10.24.22
FINANCIAL IMPACT:
Effective Date: November 15, 2022
Expiration Date: June 1, 2023
Total Dollar Value of Contract: $270,000
Total Cost to County: $135,000 (est)
Current Year Portion: $135,000
Budgeted: yes
Source of Funds: 102-22506-SC_00036
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant: FKAA to pay 50% of final actual cost
County Match:
Insurance Required:
Additional Details:
11/15/22 102-22506 - CONST GAS TAX PROJS 80% $270,000.00
REVIEWED BY:
Judith Clarke Completed 10/26/2022 4:18 PM
Christine Limbert Completed 10/31/2022 11:19 AM
Purchasing Completed 10/31/2022 11:44 AM
Budget and Finance Completed 10/31/2022 11:47 AM
Brian Bradley Completed 10/31/2022 11:59 AM
Lindsey Ballard Completed 10/31/2022 2:43 PM
Board of County Commissioners Pending 11/15/2022 9:00 AM
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INTERLOCAL AGREEMENT
BETWEEN THE
FLORIDA KEYS AQUEDUCT AUTHORITY
AND
MONROE COUNTY, FLORIDA
THIS INTERLOCAL AGREEMENT is entered into by and between the Florida Keys
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Aqueduct Authority (hereinafter the "Authority") and Monroe County (hereinafter the County), 0
Florida, each of which is an independent, existing entity serving as a public agency under the laws
of the State of Florida.
WHEREAS, the Florida Keys Aqueduct Authority (Authority) was created by Special
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Legislation, Chapter 76-441, Laws of Florida, as amended; and
WHEREAS, Monroe County (County), is a political subdivision of the State of Florida;
and
WHEREAS, In January 2022, Authority Construction crews replaced approximately
1,040 lineal feet of 8-inch water main on Eaton Street between Simonton and Whitehead. This W
work was coordinated with the water main replacement on Whitehead Street, which was installed
under a separate ILA with City of Key West. At the time the water main was installed, the
Authority and Monroe County agreed that the Authority would pay for resurfacing the lane where
their water main is located, as required by Monroe County Code and County would pay to
resurface the other lane in order to provide the needed full width resurfacing; and
WHEREAS, Monroe County has an ILA with the City of Key West(City) for the City's
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project on Whitehead Street, which allows the City to use its paving contractor (Charley Toppino
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& Sons, Inc.) to pave Eaton Street. Since the ILA is between the City and the County, the City
will bill Monroe County for the project. The County will then bill Authority for 50 percent of the
proj ect.
WHEREAS, the "Authority" and the "County" desire to enter into an Interlocal
Agreement whereby the Authority will provide a contribution equal to 50% of the total cost or
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approximately $135,000.00, not to exceed $150,000.00 towards the paving costs of this section of
Eaton Street to complete the above described project.
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 parry, the "Authority" and the "Monroe
County" hereby agree, stipulate, and covenant as follows:
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ARTICLE I 0
DEFINITIONS
WORDS AND TERMS. Words and terms used herein shall have the meanings set forth below:
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"Agreement" means this Interlocal Agreement.
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"Authority" means the Florida Keys Aqueduct Authority.
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"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.
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"County" means Monroe County, Florida.
"Contractor" shall mean Charley Toppino & Sons, Inc.
"City" means the City of Key West, a municipality established under Florida Law. W
ARTICLE II
INTERLOCAL AGREEMENT
PURPOSE OF INTERLOCAL AGREEMENT. The purpose of this Agreement is to
establish a funding mechanism for the following described project:
Repaving approximately 1040 lineal feet of Eaton Street in the City of Key West between
Simonton and Whitehead Streets after the replacement of a water main.
ARTICLE III
GENERAL PROVISIONS
SECTION 3.01 Upon the execution of this ILA by both parties The City will proceed
with the paving of the Eaton Street section as described above and,upon completion,the Authority
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will remit to the COUNTY a portion of the cost of the re-paving equal to 50% of the total cost or
approximately $135,000.00,not to exceed$150,000.00. Actual final cost will be determined based
on the actual quantities at the unit prices for the Project as provided by the City.
SECTION 3.02 ASSIGNMENT OF RIGHTS UNDER AGREEMENT. Neither
the "Authority" nor the "County" shall have the power to assign rights or obligations created by
this Agreement to any third parry without the prior written consent of the other parry.
SECTION 3.03 AMENDMENT OF AGREEMENT. This Agreement may be 0
amended only in a writing signed by an Authorized Representative of each of the parties hereto.
SECTION 3.04 SEVERABILITY. 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 3.05 ATTORNEYS 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 parry relative to the enforcement or interpretation of this Agreement, the prevailing parry
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shall be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevailing parry, and shall include attorney's fees, court
costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules
of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe
County. This provision shall be limited to the Sovereign Immunity limits of Section 768.26 Florida
Statutes.
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SECTION 3.06 ADJUDICATION OF DISPUTES OR DISAGREEMENTS:
The parties agree that all disputes and disagreements shall be attempted to be resolved by meet
and confer sessions between representatives of each of the parties. If the issue or issues are still
not resolved to the satisfaction of the parties,then any parry shall have the right to seek such relief
or remedy as may be provided by this Agreement or by Florida law.
SECTION 3.07 NONDISCRIMINATION.
The parties agree that there will be no discrimination against any person, and it is expressly 1-
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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
parry, 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
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1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) 2
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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.
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
basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender
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
Agreement.
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SECTION 3.08 COOPERATION. In the event any administrative or legal
proceeding is instituted against either parry relating to the formation, execution, performance, or
breach of this Agreement, the parties agree to participate, to the extent reasonably required by the
other parry, in all proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement. The parties
specifically agree that no parry to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement or any Attachment or Addendum to this Agreement.
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SECTION 3.09 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.
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SECTION 3.10 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
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 3.11 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
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contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of this provision,the each parry 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.
SECTION 3.12 PUBLIC ACCESS TO RECORDS. The parties shall allow and
permit members of the public reasonable access to, and inspection of, all documents, papers,
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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.
SECTION 3.13 NON-WAIVER OFIMMUNITY. Notwithstanding the provisions
of Sec. 768.28, Florida Statutes, the participation of the parties in this Agreement and the
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
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extent of liability coverage, nor shall any contract entered into by a parry be required to contain W
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any provision for waiver.
SECTION 3.14 LEGAL OBLIGATIONS; NON-DELEGATION OF DUTIES.
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
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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 parry, except to the extent permitted by law.
SECTION 3.15 NON-RELIANCE BYNON-PARTIES. No person or entity shall
be entitled to rely upon any terms of this Agreement to enforce or attempt to enforce any third-
parry 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 3.16 NO PERSONAL LIABILITY. No covenant or agreement
contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or
employee of a parry in his or her individual capacity, and no member, officer, agent or employee
of a parry shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
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SECTION 3.17 SECTION HEADINGS. Section headings have been inserted in
this Agreement as a matter of convenience of reference only, and it is agreed that such section
headings are not a part of this Agreement and will not be used in the interpretation of any provision
of this Agreement.
SECTION 3.18 GOVERNING LAW; VENUE. This Agreement shall be governed
by and construed in accordance with the Laws of the State of Florida applicable to contracts made C
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and to be performed entirely in the State. In the event that any cause of action or administrative W
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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
16th Judicial Circuit in and for Monroe County, Florida.
SECTION 3.19 All notices, requests, demands, elections, consents, approvals, and
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other communications hereunder must be in writing and addressed as follows, or to any other
address which either parry may designate to the other parry by mail:
If to COUNTY: Roman Gastesi, Jr.
County Administrator
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 G. Shelby
Executive Director
1100 Kennedy Drive
Key West, Florida 33040
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With a copy to: George B. Wallace
Office of General Counsel
1100 Kennedy Drive
Key West, Florida 33040
Any Notice required by this Agreement to be given or made within a specified period of
time, or on or before a date certain, shall be deemed to have been duly given if sent by certified
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mail, return receipt requested, postage and fees prepaid; hand delivered; or sent by overnight
delivery service.
ARTICLE IV
EXECUTION OF AGREEMENT
SECTION 4.1 DEFAULT. In the event of any failure of compliance by either
parry hereto with any of its material obligations to the other parry as provided herein, such action
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shall constitute a default under this Agreement. 0
Upon any such default, the non-defaulting parry shall provide to the defaulting parry a written
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Notice of such default,which Notice(a"Default Notice")shall state in reasonable detail the actions
the defaulting parry must take to cure the same. The defaulting parry shall cure any such default
within 30 days following the date of the Default Notice. N
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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
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defaulting parry's obligations are such that more than 30 days is required to effect cure, then the
defaulting parry shall not be in default hereunder and the non-defaulting parry shall not have the
right to exercise its termination rights granted herein as a result of any such default,if the defaulting
parry 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 parry shall be deemed to be in uncured default hereunder, and the non-defaulting parry U_
shall have the right, but shall not be obligated, upon written Notice to the defaulting parry, to
terminate this Agreement.
If such Notice is given, this Agreement shall terminate on the date set forth in the Notice
and the parties shall be relieved of all rights and obligations hereunder, except for any rights and
obligations that expressly survive termination.
SECTION 4.02 FUNDING. The parties agree that the Authority's only
responsibility under this Agreement is to reimburse the County for its share of the resurfacing of
Eaton Street between Simonton and Whitehead Streets.
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SECTION 4.03 COUNTERPARTS. This Agreement shall be executed in two 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
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or oral. W
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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:
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FLORIDA KEYS AQUEDUCT AUTHORITY
ATTEST:
By:
Clerk Kerry Shelby, Executive Director M
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MONROE COUNTY
ATTEST:
KEVIN MADOK, CLERK
By:
As Deputy Clerk Mayor
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