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Item J10 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Julv 17. 2002 Division: Growth Management Bulk Item: Y es ~ No Department: Planning AGENDA ITEM WORDING: Rescind County Incentive Grant Program Agreement with the Florida Department of Environmental approved by the BOCC June 21, 2001 but not executed. ITEM BACKGROUND: The Grant Agreement was approved by the BOCC on June 21, 2001 but not executed. A new agreement with changes from FDEP was approved by the BOCC on September 20, 2001. PREVIOUS REVELANT BOCC ACTION: June 21, 2001-Approval of Memorandum of Agreement with FDEP for Design and Construction of the Overseas Heritage Trail September 20,2001 -Resolution 362-2001 Rescinding Resolution 308-2001 and approval of County Incentive Grant Program Agreement for Design and Construction of the Overseas Heritage Trail CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval TOTAL COST: $ 2.000.000.00 BUDGETED: Yes X_ No COST TO COUNTY: $ 1,000,000.00 REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year DOCUMENTATION: Included X OMB/Purchasing -7'/, Risk Management _ ctf1~cP /// II, // Iv t.,/ ToFollow_ NotRequired_ APPROVED BY: County Atty---=-- DIVISION DIRECTOR APPROVAL: DISPOSITION: AGENDA ITEM # J"/ L? DC-286-MOA 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 7l~day of JII/V€..., 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 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, 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. 1 DC-286-MOA 3. 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. 4. 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. 5. This Agreement is subject to termination under any of the following conditions: Sa. 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 hereofthat 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 ofthe 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. 2 DC-286-MOA 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 Coiiege Road Public Service Building, S.1. Key West, Florida 33040 Attention: Director of Public Works 3 COUNTY OF MONROE, FLORIDA J:::7:~UNrYJq;;;:d - By: 0 \j Chairman or authorized designee PrintITyped Name (OFFICIAL SEAL) Signature Approved as to Form and Legality: ~ PrintedITyped Name Witnesses: FLORIDA DEPARlMENT OF ENVIRONMENTAL PROTECTION, DMSION OF RECREATION AND PARKS By: Signature Director or authorized designee PrintedITyped Name Approved as to Form and Legality: Signature DEP ATTORNEY PrintedITyped Name ~ DC-286-MOA 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 5 DC-286-MOA 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 TRAIL. 2. The COUNTY shall also pursue an additional $1,000,000 which would be made available for the design and construction of the TRAIL improvements. 3. The COUNTY shall pay all invoices as approved by the DEP. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 6 DC-286-MOA ATTACHMENT "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. 7 CLERK'S ORIGINAL 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 2/ J day of J Ii Nt:... 20.al- 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 TRAIT., 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.l. Key West, Florida 33040 Attention: Director of Public Works REOF, the parties have caused these present to be duly executed, the day and year Signature Print/Typed Name Signature Printedffyped Name Witnesses: Signature Printedffyped Name Signature Printedffyped Name COUNTY OF MONROE, FLORIDA By I s Board of COUNTY Commissioners }11 ( t~k--Cf ~,e Chairman or authorized designee (OFFICIAL SEAL) Approved as to Form and Legality: ~y FLORIDA DEPARTMENf OF ENVIRONMENfAL PROTECTION, DIVISION OF RECREATION AND PARKS By: Director or authorized designee Approved as to Form and Legality: DEP ATTORNEY 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 EXHffiIT "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 TRAIL. 2. The COUNTY shall also pursue an additional $1,000,000 which would be made available for the design and construction of the TRAIL improvements. 3. The COUNTY shall pay all invoices as approved by the DEP. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ATTACHMENT "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.