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HomeMy WebLinkAbout05/20/2026 Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: May 20, 2026 TO: Judith Clarke, PE, Director Engineering/Roads & Bridges ATTN: Clarke Briggs, Senior Project Administrador FROM: Brynn Morey, Deputy Clerk SUBJECT: May 20, 2026 BOCC Meeting The following item has been executed and added to the record: C14 Approval of an interlocal agreement (ILA) between Monroe County and Key Largo Wastewater Treatment District (KLWTD) to allow for KLWTD to reimburse the County for design and/or construction costs related to resolution of utility conflicts on the Twin Lakes (Key Largo) Flood Mitigation Project. The estimated cost of the needed services is approximately $70,000 and would be reimbursed to the County by KLWTD Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 INTERLOCAL AGREEMENT BETWEEN THE KEY LARGO WASTEWATER TREATMENT DISTRICT AND MONROE COUNTY,FLORIDA THIS INTERLOCAL AGREEMENT is entered into this _20th day of May , 2026 by and between the Key Largo Wastewater Treatment District (hereinafter the District) and Monroe County (hereinafter the County), Florida, each of which is an independent, existing entity serving as apublic agency under the laws of the State of Florida. WHEREAS, the Key Largo Wastewater Treatment District w as created by Florida House Bill No. 471. In 2002; and WHEREAS, Monroe County (County), is a political subdivision of the State of Florida; and WHEREAS, the County is completing the construction of a project at Twin Lakes subdivision in Key Largo, due to discrepancies between the actual field conditions and the "as- built" sewer information provided by the District during engineering design, the new storm drainage pipe is in conflict with the existing wastewater infrastructure in several locations in the Twin Lakes project area; and WHEREAS, the District has requested to resolve these conflicts by utilizing the service of the County's Engineer of Record (EOR), WSP USA Inc. for necessary engineering design service for any necessary conflict structure and the County's construction contractor Ferreira Construction Co., Inc. (Contractor), for construction of the utility relocation and/or conflict structure; and WHEREAS,using the services of the County's FOR and Contractor is the most expedient way to resolve the utility conflicts; and WHEREAS, the 'District" and the "County" desire to enter into an Interlocal Agreement (ILA) whereby the District will reimburse the County the money paid by the County to the Contractor and the FOR for the work done by them to resolve the conflicts; I I P 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 "District" and the "Monroe County"hereby agree,stipulate,and covenant as follows: ARTICLE I DEFINITIONS WORDS AND TERMS. Words and terms used herein shall have the meanings set forth below: "Agreement"means this Interlocal Agreement. "District"means the Key Largo Wastewater Treatment District. "Authorized Representative" means the official of the "District" or the "Monroe County" authorized by ordinance or resolution to sign documents ofthe nature identified in this Agreement. "County"means Monroe County,Florida. "Contractor"means Ferreira Construction Co.Inc. "Engineer of Record (EOR)"means WSP USA Inc. ARTICLE II INTERLOCAL AGREEMENT PURPOSE OF INTERLOCAL AGREEMENT. The purpose of this Agreement is to establish afunding mechanism for desig "/oreorEftuctknofwa4avatvrut7itywlacafimtomolveconflicts Art lied oftheTwinLakesProject Conflicts between the County's stormwater infrastructure and the District's wastewater infrastructure have been identified at several locations along the project, which necessitate relocating or adjusting the wastewater lines and/or installing a conflict structure. To expedite the work so that the project may proceed, the District will use the County's FOR and Contractor to design and construct the relocation(s)and/or conflict structure(s)and reimburse the County for the costs associated with the work. When a conflict is identified,the FOR and/or the Contractor will provide a written scope of work and cost for review and approval by the County Engineer and the District. Upon receipt of written confirmation of approval of the scope of work and cost by the District,the County will provide Notice to Proceed to the FOR and/or Contractor and will amend the appropriate contract 2 1 P a g e to reflect the additional work. Upon completion of the work the County will invoice the District for the applicable cost. ARTICLE III GENERAL PROVISIONS SECTION 1.01 The District will reimburse the COUNTY for 100% of the cost associated with the District's scope of work as detailed in the c o s t p r o p o s a l a n d a p p l i c a b i e change order. SECTION 1.02 ASSIGNMENT OFRIGHTS UNDERAGREEMENT. Neither the 'District" 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 1.03 AMENDMENT OF AGREEMENT. This Agreement may be amended only in a writing signed by an Authorized Representative of each of the parties hereto. SECTION 1.04 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, 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 1.05 ATTORNEY'S FEES AND COSTS. The "District" 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 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. 3 1 P a g e SECTION 1.06 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 1.07 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 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) 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 11, 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. 4 1 P a g e SECTION 1.08 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 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 1.09 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 1.10 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 1.11 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 party 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 1.12 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 119,Florida Statutes, and made or received 5 1 P a g e by the parties in conjunction with this Agreement. SECTION 1.13 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 1.14 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. SECTION 1.15 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 "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 1.16 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 1.17 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 6 1 P a g e headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. SECTION 1.18 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 1.19 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 COUNTY: Christine Hurley. 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 DISTRICT: -------------------------- Key Largo Wastewater Treatment District 103355 Overseas Highway Key Largo, Florida 33037 7 1 P a g e 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 2.01 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 ofthis 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 ofany such default,ifthe defaulting party commences cure within the applicable cure period and thereafter diligently pursues cure to completion ofperformance. 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. 8 1 P a g e RESOLUTION NO. 04 -2026 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE KEY LARGO WASTEWATER TREATMENT DISTRICT AUTHORIZING THE GENERAL MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN KLWTD (THE DISTRICT) AND MONROE COUNTY FOR REIMBURSEMENT OF COSTS TO RESOLVE CONFLICTS BETWEEN THE DISTRICT'S WASTEWATER COLLECTION SYSTEM AND MONROE COUNTY'S STORMWATER MANAGEMENT INFRASTRUCTURE, PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR ITS IMPLEMENTATION. WHEREAS, during the construction of a stormwater management system in the TWIN LAKES subdivision ("the Twin Lakes Project"),it was determined that the location of portions of the District's wastewater collection system are in conflict with Monroe County's proposed location of the Twin Lakes Project infrastructure; and WHEREAS, the conflicts are due to discrepancies between the physical location of the District's wastewater collection infrastructure and the record drawings submitted by the District to Monroe County; and WHEREAS, Monroe County agrees to utilize the services of its project engineer to design structures to resolve the conflicts and the services of its construction contractors to relocate the District's equipment or install conflict structures, as necessary, to resolve the conflicts; and WHEREAS,the District agrees to reimburse Monroe County for the costs incurred by it to resolve conflicts caused by the discrepancies in the District's record drawings; and WHEREAS,both the District and Monroe County desire to formalize their agreement by entering into an Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Key Largo Wastewater Treatment District that: Section 1. RECITALS. The above recitals are true and correct and incorporated into this Resolution by reference. Section 2. APPROVAL OF ILA. The Board hereby approves the Interlocal Agreement between the District and Monroe County in the form and substance of Exhibit A to this Resolution. Section 3. EFFECTIVE DATE. This Resolution shall become effective immediately. Section 4. AUTHORIZATION OF DISTRICT OFFICIAIIS. The District's General Manager is authorized to execute the Interlocal Agreement oil behalf of the District. The foregoing Resolution was offered by Commissioner who moved its an approval. The motion was seconded by Commissioner 4C d being put to a vote, the result was as follows:. AYE NAY Chairman Rodriguez V/ Commissioner Maloney 7 Commissioner Schwartz Commissioner Mqjesl(a 4Z Commissioner Hardee The Chairman thereupon declared this Resolution duly passed and adopted the 5" day of May 2026. KEY LARGO ASTEWATER TREATMENT DISTRICT y: cola riguez, Chairman ATT T- Approved as to form anc egal sufficiency: anon MCCUlly, Clerk Nicholas W. Mulick, General Counsel J;�,) VV45, r ........... OA % 0. .......