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Item B08 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 21. 2001 Division: Growth Management Bulk Item: Yes --X- No Department: N/A AGENDA ITEM WORDING: Approval of the Florida Keys Overseas Heritage Trail Agreement with Florida Department of Environmental Protection for use of Transportation Impact Fees for the Big Coppitt section of the Overseas Heritage Trail. ITEM BACKGROUND: Monroe County is in the master planning phase for 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 U.S. 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. 2001 - Board approved the use of $1 million in Transportation Impact Fees for use on the Big Coppitt Bikeway. . May 18. 2000 - Board approved Resolution 565-2000 for the Florida Department of Environmental Protection to design. construct and manage the Overseas Heritage Trail. . Resolution 029-1999 - Approval by Board endorsing the conceptual design of the first phase of the Florida Keys Overseas Heritage Highway bike and pedestrian trail (M.M. 0-20). . Resolution 141-1999 - Approval by Board 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 Impact Fees - $60.(00) . August 12. 1999 - Approval by Board to execute a contract with Michael Design Associates for the completion of the master plan for the Overseas Heritage Trail (M.M. 0-106.5). CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $ 2.0 million BUDGETED: Yes----X- No COST TO COUNTY: $1.0 million REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/A Year APPROVED BY: County Atty ...x.. -X- DIVISION DIRECTOR APPROVAL: .AICP DOCUMENTATION: Included X- To Follow No uired AGENDA ITEM #~ DISPOSITION: Revised 2/27/01 ~ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: DEP Contract # Effective Date: Expiration Date: Contract Manager: LIz J./oIIt11U4tl (Name) r 26J4 (Ext. ) -1J;. II ent/Stop #) for BOCC meeting on ::Tulle 21, /LOt Agenda Deadline: JtJNE 5, gm I CONTRACT COSTS T ota! Dollar Value of Contract: $ 'h. ""j II i ""- Current Y ~r Portion: $ _ ~Il"... Budgeted? Y es[1J No D Account Codes: _ ~ -11!J...O{)0:. -~ 5 u:.-ziJ30k Grant:$ -.iJMI11;,",,- ____ UJC.- County Match: $ -1-l"",Uion _ _ __ ADDITIONAL COSTS Estimated Ongoing Costs: $ --1-/yr For: f2J (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Division Director Changes Date In Neededr7'\" to/ b!ol YesD NOLJ Comments: YesDNo[}(/ ,L YesD Noo--d ~~ C&z.~~ YeSDNo~ Date Out Risk Manage,rent ~ 1 ~~~ing (p/s/()/ County Attorney Ii>~ OMS Form Revised 2/27/01 MCP #2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA KEYS OVERSEAS HERITAGE TRAIL DEVELOPMENT AGREEMENT WITH MONROE COUNTY This Memorandum of Agreement is made and entered into this day of , 20_ by and between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, through its division of Recreation and Parks, hereinafter referred to as the DEP, and the MONROE COUNTY a political subdivision of the State of Florida, hereinafter referred to as the COUNTY. WITNESSETH WHEREAS, the DEP has federal grant funding which may be used for the design of improvements to selected sections of the Florida Keys Overseas Heritage Trail State Park ("TRAIL") within state road right-of-way; and WHEREAS, the DEP upon completion of selected segments of said TRAIL, will operate and maintain the TRAIL as part of the Florida Park Service; and WHEREAS, the COUNTY has funding which is part of the Transportation Impact Fees, which may be used for construction or improvements to and adjacent to the TRAIL; and WHEREAS, the par ties hereto mutually recognize the need for entering into an agreement designating and setting forth the responsibilities of each party. NOW THEREFORE, for and in consideration of the premises and the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The DEP shall be responsible, at no cost to the COUNTY, for the design, permitting and construction supervision, as outlined in Exhibit "1 ". on those portions of the TRAIL located across the historic bridges and along the Department of Transportation right-of- way, or any other segments of the TRAIL as described by Attachment "A". or subsequent amended segments of the TRAIL mutually agreed to in writing by both parties. 2. The COUNTY shall be responsible, at no cost to the DEP, for providing the construction funding as outlined in Exhibit "2". of the TRAIL along the Department of Transportation right of way, TRAIL improvements across historic bridges and all landscaping within the limits described by Attachment" A". or subsequent amended segments of the TRAIL mutually agreed to in writing by both parties. 3. The DEP shall, upon completion of that segment of the TRAIT... herein described, maintain the TRAll.., as part of the Florida State Park System as outlined in a separate maintenance agreement with the Florida Department of Transportation. 4. It is understood between the parties hereto that the TRAIT... and associated improvements covered by this Agreement, which is located on Department of Transportation right-of- way, may be removed, relocated or otherwise adjusted at any time in the future in order that the adjacent state road may be widened, altered or otherwise changed and maintained to meet future criteria or planning of the Florida Department of Transportation. 5. This Agreement is subject to termination under any of the following conditions: 5a. If the COUNTY fails to comply with Paragraph 2 of this Agreement. 5b. As mutually agreed to by both parties with a sixty (60) calendar day written notice. 5c. By both parties, thirty (30) calendar days following complete execution by both parties of an Agreement to terminate this Agreement. 6. The terms of this Agreement commence upon execution by both parties and continue until termination as set forth in Paragraph 5. 7. This writing embodies the entire Agreement and understanding between the parties hereto and there are not other agreements and understandings, oral or written, reference to the subject matter hereof that are not merged herein and superseded hereby. 8. This Agreement is nontransferable and nonassignable in whole or in part without prior consent of the DEP. 9. This Agreement, regardless of where executed, shall be governed by and is constructed according to the laws of the State of Florida. 10. The DEP and the COUNTY agree to enter into good faith negotiations with respect to any amendment or changes to this Memorandum of Agreement that may be necessary to provide for continued cooperation for the success of the project. Any modifications to this Agreement shall be valid when they have been reduced to writing and duly signed by all parties hereto. 11. Pursuant to Section 216.2815, Florida Statues, all records in conjunction with this Agreement shall be public record and shall be treated in the same manner as other public records under general law. This Agreement may be unilaterally canceled by the DEP for refusal by the COUNTY to allow public access to all documents papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes in conjunction with this Agreement. 12. The DEP and the COUNTY are responsible for all personal injury and property damage attributable to the negligent or wrongful acts of their representative officers, employees and agents. Nothing herein shall be construed as a waiver of sovereign immunity as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other laws or agreement providing limitations or claims. 13. 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 paid, addressed to the party to receive such notices as follows: To DEP: Florida Department of Environmental Protection Division of Recreation and Parks Bureau of Design and Recreation Services 3540 Thomasville Road Tallahassee, Florida 32308 Attention: Bureau Chief To COUNTY: Monroe County 5100 College Road Public Service Building, S.1. Key West, Florida 33040 Attention: Director of Public Works IN WIlNESS WHEREOF, the parties have caused these present to be duly executed, the day and year first above written. COUNTY OF MONROE, FLORIDA By Its Board of COUNTY Commissioners Witnesses: By: Signature Chairman or authorized designee Print/Typed Name (OFFICIAL SEAL) Signature PrintedfTyped Name Approved as to Form and Legality: ~y FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, DMSION OF RECREATION AND PARKS Witnesses: By: Signature Director or authorized designee PrintedfTyped Name Approved as to Form and Legality: Signature DEP ATIORNEY PrintedfTyped Name A IT ACHMENT "A" THE INFORMATION NOTED BELOW DESCRIBES THE SEGMENT OF FLORIDA KEYS OVERSEAS HERITAGE TRAIL STATE PARK. COVERED BY THE AGREED SERVICES NOTED HEREIN. Segment Limits: Big Coppitt Key, Monroe County, Florida from Mile Marker 10 to Mile Marker 15 along US-I, including all historic bridges. ..,..' EXHIBIT "1" The DEP shall accomplish the following: 1. The DEP shall provide construction plans and specifications for the segments of the TRAIL outlined in Attachment "A". 2. The DEP shall advertise, receive, award and post bids, administer construction contracts and provide construction administration necessary to complete segments of the TRAIL in compliance with the approved construction plans. 3. The DEP shall acquire any and all necessary construction permits as required to complete the TRAIL construction. 4. The DEP shall review and approve all invoices and submit for payment to the COUNTY. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK EXHIBIT "2" The COUNTY shall accomplish the following: 1. The COUNTY shall provide $1,000,000 in funds, resulting from Transportation Impact Fees, as payment for the construction of the TR.A.ll.. 2. The COUNTY shall also pursue an additional $1,000,000 which would be made available for the design and construction of the TRAIT... improvements. 3. The COUNTY shall pay all invoices as approved by the DEP. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.