HomeMy WebLinkAboutItem C17 BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Michelle Lincoln,District 2
The Florida. Keys Mayor Pro Tem David Rice,District 4
p Craig Cates,District I
James K. Scholl,District 3
- Holly Merrill Raschein,District 5
Regular Meeting
May 20, 2026
Agenda Item Number: C17
26-l l 084
BULK ITEM: Yes DEPARTMENT: Engineering Services and Roads
TIME APPROXIMATE: No STAFF CONTACT: Judy Clarke
AGENDA ITEM WORDING: Approval of an interlocal agreement (ILA) with the City of Key
West to allow for a portion of Government Road right-of-way and a portion of the City owned parcel
of land located between Kennedy Drive and Glynn Archer Drive to be used for construction of
stormwater pump stations that would be constructed as part of the County's Flagler Avenue (Key
West) Road Resiliency and Adaptation Project.
ITEM BACKGROUND: Monroe County has undertaken the engineering design and permitting of
the Flagler Avenue (Key West) Road Resiliency and Adaptation Project to address sunny day flooding
along the roadway from water that backs up through the existing gravity drainage system and outfalls.
The proposed project includes construction of an engineered, closed stormwater management system
with pump stations at two locations along Flagler Avenue. The ILA documents the City of Key
West's approval for the County to use two City parcels of land adjacent to Flagler Avenue to construct
the pump stations.
PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the contract for engineering
design and permitting services for the Flagler Avenue project with Graef-USA Inc. At the December
11, 2024 BOCC meeting.
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES: New ILA
STAFF RECOMMENDATION Approval
DOCUMENTATION:
ILA& resolution City of KW Flagler Project
FINANCIAL IMPACT: None
Effective Date: May 20, 2026
Expiration Date: NA
Total Dollar Value of Contract: NA
Total Cost to County: AN
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: No
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KEY WEST,FLORIDA,
AND
MONROE COUNTY, FLORIDA FOR FLAGLER AVENUE ROAD RESILIENCY AND
ADAPTATION PROJECT
THIS INTERLOCAL AGREEMENT is entered into by and between The City of Key
West, (hereinafter the "City") 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.
WHEREAS,the City of Key West(City)is a municipal corporation of the State of Florida;
and
WHEREAS, Monroe County (County), is a political subdivision of the State of Florida;
and
WHEREAS, Flagler Avenue from the intersection of First Street to South Roosevelt
(AIA)is a County maintained road within the municipal limits of the City of Key West; and
WHEREAS,Flagler Avenue experiences sunny day flooding due to king tide events; and
WHEREAS, Monroe County has undertaken a project to design and construct
improvements to the Flager Avenue roadway and the stormwater drainage system servicing Flagler
Avenue to make it more resilient to king tides and flooding,which shall be herein after referred to
as the Flagler Avenue (Key West)Road Resiliency and Adaptation Project ("Project"); and
WHEREAS, the stormwater drainage system will need to be located in the Project area
and portions of the City's right-of-way and the City's parcels have been identified to be used for
construction of a pump station, a "green infrastructure element" and for construction of a second
pump station that will form a part of the"Stormwater Management System"and
WHEREAS, the County has obtained grant funds through the Florida Division of
Emergency Management(FDEM)Hazard Mitigation Grant Program(HMGP)program to partially
fund the engineering design and permitting phase of the Project and will have access to additional
HMGP funds (Phase II) upon completion of the engineering design and subject to a Benefit Cost
Analysis (BCA) that will be performed by FDEM for the Project in order to validate cost
effectiveness,which may consider use of City property as favorable; and
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WHEREAS, the County has submitted an application to the Florida Department of
Environment Protection (FDEP) Resilient Florida Grant Program for the 25%non-federal match
for the HMGP grant to fully fund construction of the Project; and
WHEREAS,the parties agree that this Agreement will be amended in the future to outline
shared funding obligations once final capital construction costs and grant award(s)are known; and
WHEREAS, the Project, once constructed, will benefit the residents of the City of Key
West and Monroe County;
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 parties agree as follows:
1. The County will direct the engineering design and permitting of the Project through its
Consultant.The City will provide input and comments so that the design and permitting
may proceed expeditiously.
2. City agrees to allow for a portion of the right-of-way of Government Road (as more
fully described in Attachment A) to be used for construction of a pump station and
"green infrastructure element" as part of the project, and a portion of the parcel of land
located between Kennedy Drive and Glynn Archer Drive (14th Street) (as more fully
described in Attachment A) to be used for construction of a second pump station that
will form a part of the "Stormwater Management System".
3. The contract for construction will be between the County and its contractor; the City
may monitor the work but will not be a party to the contract.
ARTICLE I
DEFINITIONS
WORDS AND TERMS. Words and terms used herein shall have the meanings set forth below:
"Agreement"means this Interlocal Agreement.
"Authorized Representative"means the official of"Monroe County"authorized by ordinance or
resolution to sign documents of the nature identified in this Agreement.
"County"means Monroe County,Florida.
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"Consultant" means the person, persons, partnership, firm or corporation who performs the
engineering design and permitting phase of the Project.
"Contractor" shall mean person or persons, partnership, firm, or corporation who enters into the
construction contract.
"CEI" shall mean the construction engineering and inspection services contracted by the County
for the Project.
"City"means the City of Key West, a municipality established under Florida Law.
ARTICLE 11
INTERLOCAL AGREEMENT
PURPOSE OF INTERLOCAL AGREEMENT. The purpose of this Agreement is to
establish current and future roles and responsibilities for the following described project:
Flagler Avenue (Key West)Road Resiliency and Adaptation Project
ARTICLE III
GENERAL PROVISIONS
SECTION 3.01 Upon the execution of this ILA by both parties, the County will
continue with the engineering design and permitting for the Project and, upon completion, submit
all documents to FDEM for review and forwarding to Federal Emergency Management Agency
(FEMA).
SECTION 3.02 ASSIGNMENT OF RIGHTS UNDER AGREEMENT. Neither
the "City" 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 parties.
SECTION 3.03 AMENDMENT OF AGREEMENT. This Agreement may be
amended only in a writing signed by an Authorized Representative of both 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,
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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,
covenants, conditions and provisions of this Agreement would prevent the accomplishment of the
original intent of this Agreement. The "City" 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 parties 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 parties shall be responsible for their own
attorneys' fees, court costs, investigative, and out-of-pocket expenses, including 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 768.28 Florida Statutes.
SECTION 3.06 ADJUDICATION OFDISPUTES 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 party 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
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 VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or 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
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(20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) 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, 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 to, or the subject matter of,this Agreement.
SECTION 3.08 COOPERATION. In the event any administrative or legal
proceeding is instituted against either party relating to the formation, execution, performance, or
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
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.
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.
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
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compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
SECTION 3.11 NO SOLICITATIONIPAYMENT. 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, each party agrees that the other parties shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
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,
letters, or other materials subject to the provisions of Chapter H 9, 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
extent of liability coverage, nor shall any contract entered into by a party be required to contain
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
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.
6 � 13ag, e
SECTION 3.15 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 "City" 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 party in his or her individual capacity, and no member, officer, agent or employee
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.
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
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
16th Judicial Circuit in and for Monroe County,Florida.
SECTION 3.19 NOTICES: 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 the CITY: Brian Barroso
City Manager
1300 White Street
Key West, Florida 33040
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With a Copy to:
City Attorney
1300 White Street
Key West, Florida 33040
If to COUNTY: Christine Hurley
County Administrator
Monroe County Historic Gato Bldg.
1100 Simonton Street
Key West, Florida 33040
With a copy to: Christine Limbert-Barrows
Sr. Assistant County Attorney
P.O. Box 1026
Key West, Florida 33041-1026
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
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
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.
Notwithstanding the provisions of this Section, if any such default by the defaulting party
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
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party commences cure within the applicable cure period and thereafter diligently pursues cure to
completion of performance.
In the event the defaulting party 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 party, 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 engineering design and permitting of the Project
is funded by FEMA HMGP Project 4399-161-R Phase I grant funds and local funds from the
County
The County has identified the following grant opportunities to fund the construction and
CEI phases of the Project,but no funding awards have been made:
FEMA HMGP Project 4399-161-R Phase 11 Grant Funds in the amount of$54,354,037
pending completion of Phase I design and permitting and subject to a successful project Benefit
Cost Analysis.
FDEP Resilient Florida Grant Program Application submitted September, 2025 in the
amount of$22,500,000, but no funding awards have been made.
This Agreement will be amended in the future to outline shared funding obligations once
final capital construction costs and grant award(s) are known.
SECTION 4.03 COUNTERPARTS. This Agreement shall be executed in two
counterparts, either 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 "City's Mayor"and the "County's Mayor".
(SEAL) CITY OF KEY WEST,FLORIDA
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ATTEST:
KEVIN MADOK, CLERK
As Deputy Clerk Mayor
Date:
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
CHRISTINE L.IMBERT BARROWS
SR ASSISTANT COUNTY ATTORNEY
DATE:
10 Page
ATTACHMENT A
PUMP STATION LOCATIONS
11 IPage
ATTACHMENT A-PUMP STATION I
GOVERNMENT ROAD RIGHT-OF-WAY
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ATTACHMENT A-PUMP STATION 2
BALL FIELD PARCEL
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PARCEL 10: 00064570-000000
BALL FIELD KENNEDY DRIVE
CITY OF KEY WEST
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PUMP STATION 2
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Y:8370;.,.4808
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FLAGLER AVENUE
Engineering-File 26-5348
RESOLUTION NO. 26-128
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, APPROVING THE
ATTACHED "INTERLOCAL AGREEMENT" BETWEEN
MONROE COUNTY, FLORIDA AND THE CITY OF KEY
WEST, FLORIDA TO PROVIDE SUPPORT FOR THE
FLAGLER AVENUE ROAD RESILIENCY AND ADAPTATION
PROJECT; AUTHORIZING THE MAYOR TO
EXECUTE ANY NECESSARY DOCUMENTS, UPON
CONSENT OF THE CITY ATTORNEY; PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, Monroe County has undertaken the Flagler Avenue
Road Resiliency and Adaptation Project which includes design
and construction improvements to the Flager Avenue roadway and
the stormwater drainage system servicing Flagler Avenue to make
it more resilient to king tides and flooding; and
WHEREAS, The County will direct the engineering design and
permitting of the Project through its Consultant . The City will
provide input and comments so that the design and permitting may
proceed expeditiously; and
WHEREAS, the City agrees to allow for a portion of the
right-of-way of Government Road (as more fully described in
Attachment A) to be used for construction of a pump station and
"green infrastructure element" as part of the project, and a
portion of the parcel of land located between Kennedy Drive and
Page 1 of 3
Engineering-File 26-5348
Glynn Archer Drive (14th Street) (as more fully described in
Attachment A) to be used for construction of a second pump
station that will form a part of the "Stormwater Management
System"; and
WHEREAS, the contract for construction will be between the
County and its contractor; the City may monitor the work but will
not be a party to the contract; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, AS FOLLOWS :
Section 1: That the attached "Interlocal Agreement"
between Monroe County Florida and the City of Key West, Florida
for the Flagler Avenue Road Resiliency and Adaptation Project is
hereby approved.
Section 2 : That there is no anticipated budget impact for
this project at this time.
Section 3 : That the Mayor is authorized to execute any
necessary documents, upon consent of the City Attorney.
Section 4 : That this Resolution shall go into effect
immediately upon its passage and adoption and authentication by
the signature of the Presiding Officer and the Clerk of the
Commission.
Page 2 of 3
Engineering-File 26-5348
Passed and adopted by the City Commission at a meeting held
this 7th day of .May 1 2026.
......................... ................ ... ... 1
Authenticated by the Presiding Officer and Clerk of the
Commission on the 7th day of _May 2026.
.................................
Filed with the Clerk on May 7 2026.
Mayor Danise Henriquez Yes
Vice Mayor Donald "Donie" Lee Yes
Commissioner Lissette Carey Yes
Commissioner Aaron Castillo Yes
I.,..........
Commissioner Monica Haskell Yes
Commissioner Sam Kaufman Yes
Commissioner Greg Veliz Yes
............. Z' Y F DANISE HENRIQ' `Z,
ATTEST:
KERI 5 ' RIEN, CITY CLERK
Page 3 of 3