Item B06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
June 21. 2001
Division:
Growth Management
Bulk Item: Yes X No Department: Planning
AGENDA ITEM WORDING:
Approval to sign Florida Keys Overseas Heritage Trail Memorandum of Understanding with the Florida
Department of Transportation and the Florida Department of Environmental Protection designating and setting
forth the responsibilities of each party.
ITEM BACKGROUND:
Monroe County is in the implementation phase for the development of a recreational trail that will traverse the
length of the Florida Keys and provide a means for pedestrians and other non-motorized users to safely
commute and access facilities along the US 1 corridor. The trail will also provide a means to attract low
impact, resource friendly visitors to the Florida Keys.
PREVIOUS RELEVANT BOCC ACTION:
February 21, 2oo1-Board approved the use of $1 million in Transportation hnpact Fees for the Big Coppitt
Bikeway.
Resolution 565-2000- May 18, 2000 - Board approval of Florida Department of Environmental Protection the
design construct and manage the Overseas Heritage Trail.
Resolution No. 141-1999 - A resolution concerning the receipt of unanticipated funds for the completion of the
Overseas Heritage Trail Master Plan (DOT - $60,000; DEP - $60,000; Monroe County Roadway hnpact Fees -
$60,(00)
August 12, 1999 - Board provided approval to execute a contract with Michael Design Associates for the
completion of a master plan for the Overseas Heritage Trail (mm 0 - 106.5).
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
X
BUDGETED: Yes N/ A No
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH N/A Year
APPROVED BY: County Atty ..x..
DIVISION DIRECTOR APPROVAL:
DOCUMENT A TION:
Included X
To Follow_
DISPOSITION:
AGENDAITEM#&-Bb
~~
FLORIDA DEPAR'l'lIEN'l' OF 'l'RANSPOR'l'A'l'ION
FLORIDA KBYS OVERSEAS BERI'l'AGB '!'RAIL
MEMORANDUM OF UNDERS'l'ANDING (HOU)
WI'l'B
'l'HE FLORIDA DEPAR'l'MEN'l' OF ENVIRONMEN'l'AL PRO'l'EC'l'ION
AND MONROE COUN'l'Y
This MEMORANDUM OF UNDERSTANDING, entered into this ____ day
of , 20 ,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,n hereinafter called the TRAXL, that connects
communities, 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 ~L 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
WHEREAS, the DEP as an agency that follows Local Agency
Program (LAP) guidelines, and is LAP certified for federally funded
OVERSEAS HERITAGE TRAIL MOO VERSION
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projects, will enter into a LAP agreement with the DEPARTMENT to
receive Federal Transportation Enhancement funds for the ~L; and
WHEREAS, the DEP has committed to being the manager of the
TRAXL which will consist of the maintenance responsibilities
described in another AGREEMENT; and
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 RESPONSXBXLXTXES
1.1. DEPARTMENT Responsibilities
The DEPART.HENT, by executing this AGREEMENT, consents to
assigning the reconstruction and maintenance of existing
segments of the TRAXL and the design, construction and
maintenance of new segments of the TRAXL to DEP.
The DEPARTMENT will program and encumber available funds
and solicit Federal authorizations for expenditures.
The DEPARTMENT is responsible to the Federal Highway
Administration (FHWA) for all work efforts done under LAP
agreements.
1.2. DEP ResDonsibilities
The DEP, by executing this AGREEMENT, accepts its
responsibilities to reconstruct and maintain existing
segments of the TRAXL and to design, construct and
maintain new segments of the ~L. Specific maintenance
responsibilities are listed under a separate AGREEMENT
between the DEPARTMENT and DEP.
DEP will design and prepare plans preparation for the
remaining segments of the TRAXL, either with in-house
staff or through the utilization of professional
consul tants. DEP will be responsible for the desiqn
coordination and review in conjunction with the COUNTY
community involvement program: to include pre-desian
scoping. preliminary and semifinal olans review. DEP
OVERSEAS HERITAGE TRAIL MOO VERSION
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will also participate in the community involvement
program. DEP will be resoonsiblefor all necessary
public workshops.
DBP will prepare the contract documents necessary to
secure competitive bids, advertise, receive bids, award
and administer the construction contracts necessary to
complete the TRAXL in substantial compliance with the
MASTBR PLAN.
DBP 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 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 comoliance with the PD&E Manual.
DEP will coordinate with utilities (i.e. electric. water.
communications>. the County Stormwater Master Plan. and
the Florida Keys Scenic Hiahway Program.
DBP will be responsible for all construction inspections,
quality control and documentation of periodic and final
payments made to contractors.
DBP 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.
DBP will assure that all work undertaken to complete the
TRAXL is in compliance with the Local Agency Program
( LAP) .
DEP shall review and approve all invoices for CIGP funds
and submit to the COUNTY for payment. DEP will review
and aporove all invoices for enhancement funds and submit
to the DEPARTMENT for oavment. Specific provisions for
methods of oavments will be outlined in the JPA and LAP
OVERSEAS HERITAGE TRAIL MOO VERSION
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or other aareements.
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 TRAXL.
The COUNTY will be responsible for all public hearings,
community involvement efforts, and documentation of
public support and opposition to each segment of the
TRAXL to be constructed.
2. AMENDMENTS
This AGREEMENT may be amended in writing for the purpose of
revising responsibilities of the parties or for any other
purpose mutually agreed upon by all parties.
3. NOTXCES
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 DEPARTMENTa Florida Department of Transportation
602 South Miami Avenue
Miami, Florida 33130
Attention: Office Of Planning
To DEPa Department of Environmental Protection
District 5 Administration
13798 S.E. Federal Highway
Hobe Sound, Florida 33455
Attention: Operations Management Consultant
Manager
To COUNTYa Monroe County
2798 Overseas Highway
Marathon, Florida 33050
Attention: Planning Department
4. TERMXNATXON
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
OVERSEAS HERITAGE nAIL MOO VERSION
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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
AGPR~ 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 TRAZL segments or
for the reconstruction and maintenance of existing ~L
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. ZNDEMNZFZCATZON
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
are not merged herein and superseded hereby.
6.3.
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.
6.4.
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I:N WI:'1'NBSS WHEREOF the parties hereto have caused these
presents to be executed the day and year first above written.
STATE OF FLORI:DA
DEPARTMENT OF ENVI:RONMENTAL
STATE OF FLORI:DA
DEPARTMENT OF TRANSPORTATI:ON
PROTECTI:ON
BY:
Division Director
BY:
District Secretary
(Seal)
ATTEST:
Executive Secretary
ATTEST:
MONROE COUNTY
APP"""~", - ~~
Ai:.. ) :1.....
/
B ~A
~homeY" Offic,
BY:
Mayor
ATTEST:
(Seal)
APPROVED AS TO LEGAL FORM:
BY:
DEP Attorney
BY:
District General Counsel
BY:
COUNTY Attorney
OVERSEAS HERITAGE TRAIL MOU VERSION
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