Item B03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
August 16. 2001
Division:
Growth Management
Bulk: Item: Yes X No Department: Planning
AGENDA ITEM WORDING:
Approval of the Memorandum of Agreement with the Florida Department of Environmental Protection to
design and construct portions of the Overseas Heritage Trail using funds provided to the county through the
FDOT County Incentive Grant Program, and matched with Monroe County Impact Fees.
ITEM BACKGROUND:
The Florida Department of Transportation makes funds available through the County Incentive Grant Program.
Monroe County submitted an application for funds last year to be matched with County Impact Fees. The
Florida Department of Environmental Protection will be providing design and construction services for the
project.
PREVIOUS RELEVANT BOCC ACTION:
February 21,2001 -Board approved the use of $1 million in Transportation Impact Fees for design and
construction of the Overseas Heritage Trail
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 Impact Fees _
$60,000)
A\1gust 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:
$2,000,000
BUDGETED: Yes...L.. No
COST TO COUNTY:
$ 1,000,000.00
REVENUE PRODUCING: Yes _No
AMOUNT PER MONTH N/ A Year
DOCUMENTATION:
Included X
)(
APPROVED BY: County Atty l
DIVISION DIRECTOR APPROVAL:
Not Required_
DISPOSITION:
AGENDA ITEM #t>L -Elf
.t~
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Plon'd a lltptl'/'fn..wf Contract #
of' JV'tlIt1>ftlr' Vt nUn Effective Date: .
Expiration Date:
Contract PfPoselDescription: .I' / -.1
L () ;1 Iv, / f (t n 11 ve ()Y'C<'1/l/T
Contract Manager: 1:1 ZIi kth Iii (0~1 /)'71 't
(Name) / (Ext.)
for BOCC meeting on /fvC1J')f)? ~OOI Agenda Deadline:
, 001
CONTRACT COSTS
Total Dollar ValusY<>fContract: $ j, ccc/ (iCI", OD Current Year Portion: $ $',000, OOD ;OlJ
Budgeted? Yes~ No 0 Account Codes: _-_-_-_-
Grant: $ of I) O(iCJ/{,'0, DO _-_-_-_-
County Match: $ fjOfJCjOf7D,OO ____
ADDITIONAL COSTS
Estimated Ongoing Costs: $L/yr For: rf
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Comments:
Date In
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Risk Management
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Division Director
County Attorney
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OMS Form Revised 2/27/01 MCP #2
RESOLUTION NO.
- 2001
A RESOLUTION OF THE BOARD OF COMMISSIONERS
OF MONROE COUNTY, FLORIDA
AUTHORIZING APPROVAL OF AN AGREEMENT WITH.THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
. " L'; ,!' ...
FOR THE DESIGN, PERMITTING, ANi> CONSTRUCTION
OF THE OVERSEAS HERITAGE TRAIL
WHEREAS, The Florida Department of Transportation (FDOT), the Florida Department
of Environmental Protection (DEP) and Monroe County has entered in to a Memorandum of
Understanding designating and setting forth the responsibilities of each party for the Overseas
Heritage Trail; and
WHEREAS, the Florida Department of Transportation ( FDOT) has grant funding which
may be used for the design and construction of improvements to the Florida Keys Overseas
Heritage Trail (the TRAIL) ; and
WHEREAS, on the DEP upon completion of selected segments of the Trail will maintain
the trail as the Overseas Heritage Trail State Park; and
WHEREAS, Monroe 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
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that The County Administrator is hereby authorized to sign an agreement
designating and setting forth the responsibilities of each party for the Design, Permitting, and
Construction of sections of the Overseas Heritage Trail.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 16th day of August, A.D., 2001.
,Mayor George Neugent
Mayor ProTem Nora Williams
Commissioner Murray Nelson
Commissioner Dixie Spehar
Commissioner Charles "Sonny" McCoy
(Seal)
Monroe County Board of Commissioners
Attest:
By:
Clerk of Court
Mayor
FK.oHT CIGP MOA
August 200 1
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA KEYS OVERSEAS 'HERITAGE TRAIL
MEMORANDUM OF AGREEMENT
WITH
MONROE. COUNTY
This Memorandum of Agreement is made and entered into this day of
2001, 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
hereinafter referred to as the 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 Florida Department of
Transportation County Incentive Grant Program, which may be used for design, construction or
improvements to and adjacent to the TRAIL; 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 parties 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, for the design, permitting and construction, 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 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 design and
construction funding as outlined in Exhibit "2", for 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 Exhibit "1", hereinafter referred to as
the PROJECT,_or subsequent amended segments of the TRAIL mutually agreed to in
writing by both parties.
I
PKOHT CIGP MOA
August 2001
3. The DEP agrees to undertake the design and construction of the PROJECT in accordance
with all applicable federal, state and local statutes, rules and regulations, and standards.
The DEP shall be responsible for obtaining clearances/permits required for the
construction of the PROJECT from the appropriate permitting authorities. Upon
completion of the PROJECT, the DEP shall certify to the COUNTY that the PROJECT
has been completed in accordance with the applicable standards, statutes, rules and
regulations in writing.
4. The DEP shall perform the PROJECT activities In accordance with the following
schedule:
a) Design to be completed on or before January 1,2003.
b) Construction contract to be let on or before March 1, 2003.
c) Construction to be completed on or before June 1, 2004.
5. The DEP shall, upon completion of that segment of the TRAIL herein described,
maintain the TRAIL as part of the Florida State Park System as outlined in a separate
maintenance agreement with the Florida Department of Transportation.
6. The COUNTY will be entitled at all times to be advised, at its request, as to the status of
work being done by the DEP and of the details thereof. Coordination shall be maintained
by the DEP with representatives of the COUNTY. DEP shall provide the COUNTY with
monthly progress reports.
7. This Agreement shall not be renewed. Any extension shall be in writing and executed by
both parties, and shall be subject to the same terms and conditions set forth in this
Agreement.
8. Indemnity and Insurance:
A. i) The DEP and the COUNTY are responsible for all personal injury and
property damage attributable to the negligent or wrongful acts of their own 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.
ii) The DEP agrees to include the following indemnification in all contracts
with contractors/subcontractors, consultants/subconsultants, who perform work in
connection with this Agreement:
"The contractor/consultant shall indemnify, defend, save and hold harmless the DEP and
COUNTY and all of its officers, agents or employees from all suits, actions, claims,
demands, liability of any nature whatsoever arising out of, because of, or due to any
negligent act or occurrence of omission or commission of the contractor, its officers,
agents or employees. Neither the contractor/consultant, nor any of its officers, agents or
employees will be liable under this section for damages arising out of injury or damage to
persons or property directly caused or resulting from the sole negligence of the DEP and
COUNTY or any of its officers, agents or employees."
2
FKOHT CIGP MOA
August 2001
B. In addition to any other forms of insurance or bonds required under the terms of
the agreement, when it includes construction within the limits of a railroad right-of-way,
the DEP must require its contractor to provide insurance coverage in accordance with
Section 7-13 of the FOOT's 'Standard Specification for Road and Bridge Construction
(2000), as amended. ~_
9. Compensation and Payment:
A. The DEP agrees thar the estimated total project costs are Two Million Dollars
($2,000,000.00) as outlined in Exhibit "1".
B. The DEP shall submit one invoice (4 copies) plus supporting documentation
required by the COUNTY to the Project Manager for approval and processing:
_X_- monthly, or
_ - quarterly, or
- once the PROJECT has been accepted by the DEP and approved by the
COUNTY.
C. The DEP will only be reimbursed for direct costs (this excludes general and
administrative overhead).
D. All costs charged to the PROJECT shall be supported by properly executed
payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the
nature and propriety of the charges in accordance with COUNTY purchasing policy.
E. Payment shall be made only after receipt and approval of goods and services.
F. If this Agreement involves units of deliverables, then such units must be received
and accepted in writing by the Contract Manager prior to payments.
G. The COUNTY's obligation to pay under this Agreement is contingent upon
availability of funds.
H. Bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
I. Travel costs will not be reimbursed.
J. Records of costs incurred under terms of this Agreement shall be maintained and
made available upon request to the COUNTY at all times during the period of this
Agreement and for three years after final payment is made. Copies of these documents
and records shall be furnished to the COUNTY upon request. Records of costs incurred
includes the DEP's general accounting records and the project records, together with
supporting documents and records of the DEP and all subcontractors performing work on
the project, and all other records of the DEP and subcontractors considered necessary by
the COUNTY for a proper audit of costs.
3
FK.OHT CIGP MOA
August 2001
K. It is unlawful for the County Commission to expend or contract for the
expenditure in any fiscal year more than the amount budgeted in each fund's budget,
except as provided herein, and in no case shall the total appropriations of any budget be
exceeded, except as provided in Chapter s. 129.06, F.S. and any indebtedness contracted
for any purpose against either of the funds enumerated in Chapter s. 129.06, F.S. or for
any purpose, the expenditure for which is chargeable to either of said funds, shall be null
and void, and no suit or suits shall be prosecuted in any court in this state for the
collection of same.
L. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any public entity
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for Category Two for a period of36
months from the date of being placed on the convicted vendor list.
10. It is understood between the parties hereto that the TRAIL 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.
11. For projects located on the State Highway System, the COUNTY must approve an
consultant and/or contractor scope of services including project budget. DEP shall obtain
COUNTY and FOOT approval of plans and specifications prior to bidding the project.
The COUNTY agrees to provide written review or approval within 45 days, subject to
FOOT review and approval.
12. The DEP must certify that the consultant has been selected in accordance with the
Consultants Competitive Negotiation Act (Section 287.055, Florida Statutes). Contractor
must be prequalified by the COUNTY as required by Section 2 of the FOOT Standard
Specification for Road and Bridge Construction (2000), as amended.
13. This Agreement is subject to termination under any of the following conditions:
A. This Agreement may be canceled by either the COUNTY or the DEP upon sixty
(60) days written notice.
B. If the COUNTY determines that the performance of the DEP is not satisfactory,
the COUNTY shall have the option of (a) immediately terminating the Agreement, or (b)
notifying the DEP of the deficiency with a requirement that the deficiency be corrected
within a specified time, otherwise the Agreement will be terminated at the end of such
time, or (c) taking whatever action is deemed appropriate by the COUNTY.
4
PKOHT CIGP MOA
August 2001
C. If the COUNTY requires termination of the Agreement for reasons other than
unsatisfactory performance of the DEP, the COUNTY shall notify the DEP of such
termination, with instructions to the effective date of termination or specify the stage of
work at which the Agreement is to be terminated.
D. If the Agreement is terminated before performance is completed, the DEP shall be
paid only for that work satisfactorily performed for which costs can be substantiated.
Such payment, however, may not exceed an amount which is the same percentage of the
contract price as the amount of work satisfactorily completed is a percentage of the total
work called for by this Agreement. All work in progress will become the property of the
COUNTY and will be turned over promptly by the DEP.
E. By both parties, thirty (30) calendar days following complete execution by both
parties of an Agreement to terminate this Agreement
14. This Agreement is nontransferable and nonassignable in whole or in part without prior
consent of the COUNTY.
15. This Agreement, regardless of where executed, shall be governed by and is constructed
according to the laws of the State of Florida.
16. This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein,
and the parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon
any prior representation or agreements whether oral or written. It is further agreed that no
modification, amendment or alteration in the terms or conditions contained herein shall
be effective unless contained in a written document executed with the same formality and
of equal dignity herewith.
17. If any part of this Agreement shall be determined to be invalid or unenforceable by a
court of competent jurisdiction or by any other legally constituted body having the
jurisdiction to make such determination, the remainder of this Agreement shall remain in
full force and effect provided that the part of this Agreement thus invalidated or declared
unenforceable is not material to the intended operation of this Agreement.
18. 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.
19. 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
5
FKOHT CIGP MOA
August 2001
COUNTY for refusal by the DEP 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.
20. An entity or affiliate who has been placed on the discriminatory vendor list may not
submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any
public entity.
21. 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 32309
Attention: Bureau Chief
To COUNTY:
Monroe County
5100 College Road
Public Service Building, S.I.
Key West, Florida 33040
Attention: Director of Public Works
REMAINDER OF P AGE INTENTIONALLY LEFT BLANK
6
FU>>HT ClGP )lOA
AQ8U8t 2001
IN WII'NESS WllDBOF. the putica have caud 1hclIc preseDt to be duQr accuICd. the day aDd yCIIIt
'first alxwe wriual.
COUNTY Oil' MONJlO",ft.OJlIDA.
By Ita Board ofCOl.lNTY.OWmWpimlrn
By:
Mayor
(OmClAL SEAL)
Approved as to Form ud Legality:
~~
COUNTY ~ ". y
FLO'R.IDA DEPAIlTMENT OF
ENVDlONMEl\"TAJ,.. PROTECDON,
DlVISION 0' UCBEA110N AND PARKS
By:
Dinctcr or autb0rizc4 desipcc
A-pplOved as to Form and Lcplit;y:
DEP ATIORNEY
7
FKOHT CIGP MOA
August 200 1
EXHIBIT" 1 "
This exhibit forms and integral part of that certain Memorandum of Agreement between the State of
Florida, Department of Environmental Protection and the Monroe County Public Works Department,
5100 College Road, Key West, Florida 33040, dated
The DEP shall provide design, permitting and construction of trail improvements and landscaping for the
following segments of the Overseas Heritage Trail in accordance with the budget shown below:
Big Coppitt Trail and landscaping- MM 10.5-15
Shark Channel historic bridge
Saddlebunch #2 historic bridge
Saddlebunch #3 historic bridge
Sadd1ebunch #4 historic bridge
Saddlebunch #5 historic bridge
Lower Sugarloafhistoric bridge
$ 882,702.00
$ 379,800.00
$ 101,648.00
$ 120,363.00
$ 146,784.00
$ 146,784.00
$ 221,919.00
Total Project Budget:
$ 2,000,000.00
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, acquire any and all necessary construction permits as required to complete
the TRAIL construction, review and approve all invoices and submit for payment to the COUNTY and be
responsible for all Public Involvement activities.
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8
FKOHT CIGP MOA
August 2001
EXHIBIT "2"
The COUNTY shall accomplish the following:
1. The COUNTY shall provide One Million Dollars ($1,000,000.00) in funds, resulting
from a grant from the Florida Department of Transportation County Incentive Grant
Program, as payment for the design and construction of the TRAIL.
2. The COUNTY shall also provide matching funds in the amount of One Million
Dollars ($1,000,000.00) which would be made available for the design, construction,
and landscaping of the TRAIL improvements.
3. The COUNTY shall pay all invoices, as approved by the DEP, from the above funds.
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9