06/21/2001 Agreement
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MEMORANDUM
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
DATE:
July.26, 2001
TO:
Timothy McGarry, Director
Growth Management Division
A TIN:
Colleen Gardner
Executive Assistant
Pamela G. Ha. ~
Deputy Clerk ~
FROM:
At the June 21, 2001, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the Florida Keys Overseas Heritage Trail Memorandum of
Understanding (MOll) between Monroe County and the Florida Department of Transportation
and Florida Department of Environmental Protection designating and setting forth the
responsibilities of each party.
Enclosed are five duplicate originals of the MOD, executed on behalf of Monroe County,
for y<?ur handling. . Please be sure that the ,fully executed "Clerk's Original" is returned to
our office as soon as possible. Should you have any questions please do not hesitate to contact
this office.
Cc: County Administrator wlo document
County Attorney
Finance
File/
CLERK'S ORIGINAL
FLORIDA DEPARTMENT OF TRANSPORTATION
FLORIDA KEYS OVERSEAS HERITAGE TRAIL
MEMORANDUM OF UNDERSTANDING (MOU)
WITH
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND MONROE COUNTY
T~S MEMORANDUM OF UNDERSTANDING, entered into this ~~day
of _ tJrJc... , 20 O( , by and between the STATE OF FLORIDA,
Department of Transportation, a component agency of the State of
Florida, hereinafter called the DEPARTMENT, the FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION, a component agency of the State of
Florida, hereinafter called DEP and MONROE COUNTY hereinafter called
the COUNTY.
WITNESSETH
WHEREAS, the DEPARTMENT, the COUNTY and DEP have the common
goal of providing a safe and convenient interconnected shared use
linear trail hereby designated the "Florida Keys Overseas Heritage
Trail State Parks, II hereinafter called the TRAIL, that connects
communi ties, recreation areas, schools and businesses along the
State Road 5 (US 1) corridor in Monroe County for non-motorized
users; and
WHEREAS, the DEPARTMENT, DEP and the COUNTY have worked as
partners and contributed to the funding of the Florida Keys Overseas
Heritage Trail Master Plan, hereinafter called the MASTER PLAN; and
WHEREAS, the purpose of the MASTER PLAN was to identify gaps
and deficiencies in existing conditions, review efforts undertaken
by Monroe County, make recommendations on trail planning including
trailheads, rest stops, use of the historic bridges, trail
implementation and trail management; and
WHEREAS, in accordance with the MASTER PLAN, the DEPARTMENT
will provide funding in its Five Year Work Program for the design
and construction of new segments of the TRAIL listed in the MASTER
PLAN provided DEP maintains the TRAIL; and
WHEREAS, the DEPARTMENT will enter into a County Incentive
Grant Program (CIGP) Joint Participation Agreement (JPA) with the
COUNTY to grant CIGP funds to the County for the TRAIL, and the
COUNTY will provide matching funds as required by that program; and
OVERSEAS HERITAGE TRAIL MOU
1
WHEREAS, the DEP as an agency that follows Local Agency Program
(LAP) guidelines, and is LAP certified for
projects, will enter into a LAP agreement with
receive Federal Transportation Enhancement funds
federally funded
the DEPARTMENT to
for the TRAIL; and
WHEREAS, the DEP has committed
TRAIL which will consist of the
described in another AGREEMENT; and
to being the manager of the
maintenance responsibilities
WHEREAS, in accordance with the MASTER PLAN, the DEPARTMENT,
the COUNTY and DEP hereto mutually recognize the need for entering
into a Memorandum of Understanding designating and setting forth the
TRAIL responsibilities of each party;
NOW THEREFORE, for and in consideration of the mutual benefits
to flow each to the other, the parties covenant and agree as
follows:
1. DEPARTMENT, COUNTY, AND DEP RESPONSIBILITIES
1.1. DEPARTMENT Responsibilities
The DEPARTMENT, by executing this AGREEMENT, consents to
assigning the reconstruction and maintenance of existing
segments of the TRAIL and the design, construction and
maintenance of new segments of the TRAIL to DEP.
The DEPARTMENT will program and encumber available funds
and solicit Federal authorizations for expenditures.
The DEPARTMENT
Administration
agreements.
is responsible to the Federal Highway
(FHWA) for all work efforts done under LAP
1.2. DEP Responsibilities
The DEP, by executing this AGREEMENT, accepts its
responsibilities to reconstruct and maintain existing
segments of the TRAIL and to design, construct and
maintain new segments of the TRAIL. Specific maintenance
responsibilities are listed under a separate AGREEMENT
between the DEPARTMENT and DEP.
DEP will
remaining
staff or
design and prepare plans preparation for the
segments of the TRAIL, either with in-house
through the utilization of professional
OVERSEAS HERITAGE TRAIL MOV
2
consultant. DEP will be responsible for the design
coordination and review in conjunction with the COUNTY
community involvement program; to include pre-design
scoping, preliminary and semifinal plans review. DEP will
be in charge of the community involvement program and will
be responsible for all necessary public workshops.
DEP will prepare the contract documents necessary to
secure competitive bids, advertise, receive bids, award
and administer the construction contracts necessary to
complete the TRAIL in substantial compliance with the
MASTER PLAN.
DEP accepts its responsibilities to acquire any necessary
permits or environmental determinations from other
environmental regulatory agencies including but not
limited to South Florida Water Management District
(SFWMD), U.S. Army Corps of Engineers, U.S. Fish and
Wildlife Service (FWS) , Florida Fish and wildlife
Conservation Commission (FWCC)
For each construction contract to be advertised, DEP will
provide the DEPARTMENT an environmental determination and
all supporting documentation in accordance with the
National Environmental Policy Act (NEPA) and a Right-of-
Way Certification in accordance with the LAP Manual, in
order to obtain Federal Highway Administration
authorization for expenditure of Federal funds. DEP will
also ensure that environmental determinations and
supporting documentation are in compliance with the
DEPARTMENT's PD&E Manual.
DEP will coordinate with utilities (i.e. electric, water,
communications), the County Stormwater Master Plan, and
the Florida Keys Scenic Highway Program.
DEP will be responsible for all construction inspections,
and quality control and documentation of periodic and
final payments made to contractors.
DEP will prepare a schedule of beginning and end dates for
each phase (Design, Right-of-Way, Construction) of each
segment to be constructed and coordinate that schedule
with each of the parties hereto. DEP will assure that all
work undertaken to complete the TRAIL is in compliance
with the Local Agency Program (LAP).
OVERSEAS HERITAGE TRAIL MOU
3
DEP shall review and approve all invoices for CIGP funds
and submit to the COUNTY for payment. DEP will review and
approve all invoices for Transportation Enhancement funds
and submit to the DEPARTMENT for payment. Specific
provisions for methods of payments will be outlined in the
JPA, LAP or other agreements.
1.3. COUNTY Responsibilities
The COUNTY by executing this AGREEMENT accepts its
responsibilities to utilize all CIGP funds as their local
share for the completion of the TRAIL.
The COUNTY will assist with all public hearings, community
involvement efforts, and documentation of public support
and opposition to each segment of the TRAIL to be
constructed.
2 . AMENDMENTS
This AGREEMENT may be amended in writing for
revising responsibilities of the parties or
purpose mutually agreed upon by all parties.
the purpose of
for any other
3 . NOTICES
All notices, requests, demands, consents, approvals, and other
communication which are required to be served or given
hereunder, shall be in writing and shall 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 DEPARTMENT:
Florida Department of Transportation
602 South Miami Avenue
Miami, Florida 33130
Attention: Office Of Planning
To DEP:
Department of Environmental Protection
District 5 Administration
13798 S.E. Federal Highway
Hobe Sound, Florida 33455
Attention: Operations Management Consultant
Manager
OVERSEAS HERITAGE TRAIL MOU
4
To COUNTY:
Monroe County Planning Department
2798 Overseas Highway
Marathon, Florida 33050
Attention: Growth Management Division
4 . TERMINATION
Any termination condition described herein shall require a six
(6) month notice from any of the parties. This AGREEMENT is
subject to termination under anyone of the conditions herein
described below.
4.1. In accordance with Section 287.058(1) (c), Florida
Statutes, the DEPARTMENT shall reserve the right to
unilaterally cancel this AGREEMENT if the DEP and/or the
COUNTY refuse to allow public access to any or all
documents, papers, letters, or other materials made or
received by the DEP and/or the COUNTY pertinent to this
AGREEMENT which are subject to provisions of Chapter 119,
of the Florida Statutes.
4.2. This agreement may be terminated in the event the DEP
and/or the COUNTY do not receive funding for the design,
construction and maintenance of new TRAIL segments or for
the reconstruction and maintenance of existing TRAIL
segments and for other responsibilities described in this
AGREEMENT.
4.3. Any termination condition described herein shall require a
six (6) month notice from any of the parties.
5. INDEMNIFICATION
The parties agree to indemnify and hold the other harmless, to
the extent of the limitations included within Section 768.28,
of the Florida Statutes.
6 . TERMS
6.1.
The terms of this AGREEMENT shall only commence upon
execution by all parties and shall continue until
termination as set forth in Section 4.
6.2.
This writing embodies the entire AGREEMENT and
understanding between the parties hereto and there
are no other agreements and understanding, oral or
written reference to the subject matter hereof that
OVERSEAS HERITAGE TRAIL MOU
5
6.3.
6.4.
OVERSEAS HERITAGE TRAIL MOU
are not merged herein and superseded hereby.
This AGREEMENT is nontransferable and nonassignable
in whole or in part without consent of the
DEPARTMENT.
This AGREEMENT, regardless of where executed, shall
be governed by, and constructed according to the laws
of the State of Florida.
6
IN WITNESS WHEREOF the parties hereto have caused these
presents to be executed the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION
BY, -d;/. ~
Division Director
ATTEST:
ATTEST:
Executive Secretary
(Seal)
ATTEST:
(Seal)
APPROVED AS TO LEGAL FORM:
BY~
DEP orney .
"'-
BY'~
. TY Attorney
By~Q9~
lstrict General Couns~J
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