Item K02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
July 14.2004
Division:
Growth Management
DepartmentPlanning and Environmental Resources
Bulk Item: Yes X
No
AGENDA ITEM WORDING: Approval of a Memorandum of Agreement with the Florida
Department of Environmental Protection-Office of Greenways and Trails (DEP-OGT) to assist in the
construction of the Florida Keys Overseas Heritage Trail.
ITEM BACKGROUND: The County Commission previously passed a resolution allowing the DEP
to design, build, and maintain the Florida Keys Overseas Heritage Trail. The County has supported DEP
by dedicating County funds towards the completion of this project. In 2002, the County Commission
dedicated Roadway Impact Fees for the rehabilitation of the Flagler Railroad Bridges to facilitate the
completion of the FKOHT,
In addition to the available County funds, DEP-OGT has received additional funding from various
sources that will allow for the completion of design and construction of the FKOHT on the Rockland Key
Bridge, Lower Sugarloaf Bridge, and Tom Harbor Cut. DEP-OGT proposes to spend the following
impact fee amounts for the following projects:
$200,000 for construction on the Rockland Key Bridge (District 1),
$450,000 for construction on the Lower SugarloafBridge (District 1),
$620,000 for construction on Tom Harbor Cut (District 2),
$30,000 for Planning and Design Activities for Tom Harbor Cut (District 2),
PREVIOUSLY RELEVANT BOCC ACTION:
May 18, 2000-Resolution 205-2000-A Resolution to allow the FDEP to design, build, and maintain the
Florida Keys Overseas Heritage Trail.
April 17, 2002-Resolution No. 161-2002-A Resolution to transfer Roadway Impact Fees in the amount of
$650,000 in District 1, $650,000 in District 2, and $700,000 in District 3 for design and construction to
rehabilitate the Flagler Railroad Bridges for use as the Overseas Heritage Trail.
CONTRACT/AGREEMENT CHANGES: NM
STAFF RECOMMENDATION: Approval.
TOTAL COST:
$1.300.000
BUDGETED: Yes
No
COST TO COUNTY: $1.300.000 SOURCE OF FUNDS: Fund #130-Roadway
Impact Fees,
REVENUE PRODUCING: Yes No-L
APPROVED BY:
County Atty X
Risk Management ~
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow
Not Required
I<-~
DISPOSITION:
AGENDA ITEM #
1\ 1Yt
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Office of Greenways and Contract #
Trails Effective Date:
Expiration Date:
Contract Purpose/Description:
Agreement to provide Roadway Impact Fees totaling $1.300.000 to fund design and construction
to rehabilitate the following Flagler Railroad Bridges: Rockland Key Bridge. Lower Sugarloaf
Bridge. and Tom Harbor Cut Bridge.
Contract Manager: K. Marlene Conaway 2523 Planning and Environmental
Resources
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on July 14. 2004 Agenda Deadline: June 25. 2004
CONTRACT COSTS
Total Dollar Value of Contract: $ 1,300,000
Budgeted? Yesl:8l No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $ 1,300,000
130-5810-86519-590125-$1.300.000
- - -
----
- - -
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Estimated Ongoing Costs: $Q/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc,)
CONTRACT REVIEW
Date Out
Date In
Division Director
Risk Management
O.M,B./Purchasing
MONROE COUNTY
MEMORANDUM OF AGREEMENT WITH
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
OFFICE OF GREENW A YS AND TRAILS
This MEMORANDUM OF AGREEMENT, hereinafter called AGREEMENT,
entered into this day of , 2004, by and between MONROE
COUNTY, hereinafter called the COUNTY and the FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION-OFFICE OF GREENW A YS AND TRAILS
hereinafter called OGT.
WITNESSETH
WHEREAS, the COUNTY and OGT have the common goal of providing a safe
and convenient interconnected shared use linear trail hereby designated the "Florida Keys
Overseas Heritage Trail" hereinafter called the TRAIL, 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 COUNTY and OGT have worked as partners and contributed to
the funding of the development of the Florida Keys Overseas Heritage Trail Master Plan,
hereinafter called the MASTER PLAN; and
WHEREAS, the MASTER PLAN identified gaps and deficiencies in existing
conditions, made recommendations on trail planning, including trailheads, rest stops, use
of the historic bridges, trail implementation and trail management; and
WHEREAS, the COUNTY by Resolution No. 161-2002 did dedicate Roadway
Impact Fees for design and construction to rehabilitate the Flagler Railroad Bridges for
use as the TRAIL; and
WHEREAS, the dedicated amounts are $650,000 for District 1 (Lower Keys)
projects, $650,000 for District 2 (Middle Keys) projects, and $700,000 for District 3
(Upper Keys) projects; and
WHEREAS, OGT is proposing to use the County Impact Fees for the following
activities:
$200,000 for construction on the Rockland Key Bridge (District 1),
$450,000 for construction on the Lower SugarloafBridge (District 1),
$620,000 for construction on Tom Harbor Cut (District 2),
$30,000 for Planning and Design Activities for Tom Harbor Cut (District 2); and
1 of 4
. '
WHEREAS, OGT will supplement the County Impact Fees with the following
funding:
$200,000 for Rockland Channel Bridge from the Florida State Division of Historical
Resource Special Category Grant Funds.
$450,000 for Lower Sugarloaf Bridge from the Florida Department of Transportation
District 6 Enhancement Funds.
$675,000 for Tom Harbor Bridge Design and Construction and Tom Harbor Cut Design
from FDOT District 6 Enhancement Funds; and
WHEREAS, the OGT has committed to being the manager of the TRAIL which
will consist of the maintenance responsibilities;
NOW THEREFORE, for and in consideration of the mutual benefits to flow each
to the other, the parties covenant and agree as follows:
1. COUNTY AND OGT RESPONSIBILITIES
1,1 COUNTY RESPONSffiILITIES
The COUNTY by executing this AGREEMENT accepts its responsibilities to
provide dedicated Roadway Impact Fees to fund the completion of the following
designated OGT projects as stated below,
The COUNTY will assist with all public hearings, community involvement
efforts, and documentation of public support and opposition to each segment of
the projects.
1.2 OGT RESPONSffiILITIES
The OGT, by executing this AGREEMENT, accepts its responsibilities to carry
out the activities described for the segments of the TRAIL outlined above, either
in-house or through the utilization of contractors. OGT will be responsible for
coordinating the bid packages, OGT will be responsible for the community
involvement program and will be responsible for all necessary public workshops.
OGT 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.
OGT accepts its responsibilities to acquire any necessary permits or
environmental determinations from other regulatory agencies.
OGT accepts it responsibilities to submit invoices that comply with all
accounting principles and statutory requirements.
OGT will coordinate with utilities (i.e. electric, water, communications), the
County Stormwater Master Plan, and the Florida Keys Scenic Highway Program.
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OGT will be responsible for all construction inspections, and quality control and
documentation of periodic and final payments made to contractors.
OGT shall review and approve all invoices for Roadway Impact Fee funds and
submit to the COUNTY for payment on a basis to be outlined within the contract
with the winning vendor,
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. 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
registerd mail or certified D,S. mail, return receipt requested, postage prepaid,
address sed to the party to receive such notices as follows:
To OGT: Office of Greenways and Trails
Office of Trail Manager
3 La Croix Court
Key Largo, FL 33037
To COUNTY: Monroe County Planning Department
2798 Overseas Highway
Marathon, FL 33050
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 any of the
conditions described below.
The COUNTY shall reserve the right to unilaterally cancel this AGREEMENT if the
OGT refuses to allow public access to any or all documents, papers, letters, or other
materials made or received by the OGT pertinent to this AGREEMENT which are
subject to provisions of Chapter 119, of the Florida Statutes.
5. INDEMNIFICATION
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The parties agree to indemnify and hold the other harmless, to the extent of the
limitations included with 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 COUNTY.
6.4 This AGREEMENT, regardless of where executed, shall be governed by, and
constructed according to the laws of the State of Florida.
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-OFFICE OF GREENWAYS
AND TRAILS
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
BY:
BY:
ATTEST:
ATTEST:
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