03/17/2004 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
June 16,2004
TO:
Dent Pierce, Director
Public Works Division
FROM:
Beth Leto, Administrative Assistant
Public Works Division
Pamela G. Hanco~
Deputy Clerk CY
ATTN:
At the March 17, 2004, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Interlocal Agreement between Monroe County and the
City of Key West whereby the City will provide $180,000.00 to complete funding for a project
described as CRS.A/Flagler Avenue in Key West.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Administrator wlo document
County Attorney
Finance
File'
Engineering Department
11 do Simonton Street, 2-216
Key West, FL 33040
(,.-.---
BOARD OF COUNTY COMISSIONERS
Mayor Murray E. Nelson, District 5
Mayor Pro Tern David P. Rice, District 4
Dixie M. Spehar, District 1
George Neugent, District 2
Charles "Sonny" McCoy, District 3
OK~~T,Y ~o~~~E
(305) 294-4641
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August 5, 2004
A,!AUG
Mr. Roland Flowers
City of Key West
Post Office Box 1409
Key West, Florida 33041-1409
RE: Flagler Avenue, Key West
Interlocal Agreement dated March 17, 2004
Dear Roland:
Per the above referenced interlocal agreement (copy enclosed), would you please have the first
$60,000.00 installment of the $180,000.00 payment sent to me at the letterhead address.
Should you have any questions, please give me a call.
;J1?-
David S. Koppel, P.E.
County Engineer
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Enclosure
c: C. Dent Pierce, Director, Public Works
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INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT entered into this 17thday of March
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.
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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.
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IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed the day
and year first above written.
CITY OF Y WEST MONROE COUNTY FLORIDA
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111101 WU_e Pam
RESOLUTION NO. 03-407
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, AUTHORIZING THE
CITY MANAGER NEGOTIATE AND EXECUTE AN
INTERLOCAL AGREEMENT WITH MONROE COUNTY TO
PROVIDE $180, 000.00 OVER THREE YEARS .
($60,000.00 PER YEAR) TO SUPPLEMENT THE
COUNTY'S PAYMENTS TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR LANDSCAPING AND ROADWAY
ENHANCEMENTS ALONG FLAGLER AVENUE; PROVIDING
FOR AN EFFECTIVE DATE
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST,
FLORIDA, AS FOLLOWS:
Section 1: That the City Manager is hereby authorized to
negotiate and execute an Interlocal Agreement with Monroe County
regarding landscaping and roadway enhancements along Flagler
Avenue.
Section 2 : 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.
Passed and adopted by the City Commission at a meeting held
this 18 day of November , 2003 .
Authenticated by the presiding officer and Clerk of the
Commission on November 19 , 2003 .
Filed with the Clerk November 19 , 2003 .
4IMMY WEE,1, E MAYOR
CHERYL SMIT CITY CLERK