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08/16/2001 CLERb<('S ORijG~NAL Form 525-010-41 OGC - POLICY PLANNING 1 of 13 Catalog of State Financial Assistance No. 55.008 Financial Project No.: 411173-1-54-01 COUNTY: Monroe Co,,- v-C+ 411:: 4lD 'Z-- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COUNTY INCENTIVE GRANT PROGRAM AGREEMENT This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT", and Monroe County, hereinafter referred to as the "COUNTY", and ISLAMORADA, VILLAGE OF ISLANDS, hereinafter referred to as the "CITY", WITNESSETH WHEREAS, the DEPARTMENT has the authority, under Section 334,044, Florida Statutes, to enter into this Agreement; and ---- WHEREAS, the County Incentive Grant Program has been created by Section 339.2817, Florida Statutes, to provide grants to counties to improve a transportation facility which is located on the State Highway System or which relieves traffic congestion on the State Highway System; and WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibility requirements of said Section 339,2817, Florida Statutes; and WHEREAS, the DEPARTMENT is willing to provide the CITY with financial assistance under Financial Project No. 411173-1-54-01 for Village of Islamorada, Plantation key and Upper Matecumbe Key Bike Paths, hereinafter referred to as the "PROJECT," in accordance with Section 339,2817, Florida Statutes; and WHEREAS, the COUNTY is willing to assign all of its interests and obligations, financial and otherwise, in the oversight and management of the PROJECT to the CITY; and WHEREAS, the COUNTY by Resolution No, 309- .;2, OD/ dated the /0 day of A- <e u.s t ,JOOI , a copy of which is attached hereto and made a part hereof, has authOrIzed the Chairman of its Board of Commissioners to enter into this Agreement, . WHEREAS, the CITY by Resolution No, 0/-0 '7- f5' dated the2b- day of ~IA h.1/ , ~()l , a copy of which is attached hereto and made a part hereof, has authorized the Mayor Chairman of its City Council to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: CLERK'S ORiG:NAL Form 525-010-41 OGC - POLICY PLANNING 2 of 13 I-SERVICES AND PERFORMANCE A. The CITY shall furnish the services with which to construct the PROJECT. Said PROJECT consists of: construction of Bike Path segments within the Village of Islamorada, Plantation Key and Upper Matecumbe Key, as further described in Exhibit "A," attached hereto and made a part here of. B. The CITY agrees to undertake the construction of the PROJECT in accordance with all applicable federal, state and local statutes, rules and regulations, and standards, The CITY 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 CITY shall certify to the DEPARTMENT that the PROJECT has been completed in accordance with the applicable standards, statutes, rules and regulations in writing. C. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the CITY and of the details thereof. Coordination shall be maintained by the CITY with representatives of the DEPARTMENT. CITY shall provide the DEPARTMENT with quarterly progress reports, D. i) For projects located on the State Highway System, the DEPARTMENT must approve any consultant and/or contractor scope of services including project budget. CITY shall obtain DEPARTMENT approval of plans and specifications prior to bidding the project. This provision applies only to projects located on the State Highway System, ii) The CITY 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 DEPARTMENT as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2000), as amended. E. The CITY shall not sublet, assign, or transfer any work under this Agreement without prior written consent of the DEPARTMENT, F, All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: TO CITY: Florida Department of Transportation Islamorada, Village of Islands 602 South Miami A venue P.O. Box 568 Miami, Florida 33130 Islamorada, Florida 33036 Attention: Office of Planning Attention: Assistant Village Manager 2- TERM A, schedule: The CITY shall perform the PROJECT activities in accordance with the following CLERK'S ORIGINAL Form 525-010-41 OGC - POLICY PLANNING 3 of 13 a) Design to be completed on or before N,A. b) Construction contract to be let on or before August 31. 2001. c) Construction to be completed on or before January 31, 2002, B, 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. 3-COMPENSA TION AND PAYMENT A. The parties agree that the estimated total project costs are two-hundred sixty-seven thousand eight-hundred thirty-six dollars ($ 267,836.00). The parties further agree that the DEPARTMENT's maximum participation is one-hundred thirty-three thousand nine-hundred eighteen dollars ($ 133,918.00) and all remaining costs of the project will be borne by the CITY. i) The CITY shall submit one invoice (4 copies) plus supporting documentation required by the DEPARTMENT to the Project Manager for approval and processing: _ - monthly, or -L - quarterly, or - once the PROJECT has been accepted by the CITY and approved by the DEPARTMENT. ii) Any provisions for an advance payment are provided in an Exhibit attached to this agreement. iii) In the event the CITY proceeds with the design, construction, and construction engineering inspection services (CEI) of the PROJECT with its own forces, the CITY will only be reimbursed for direct costs (this excludes general and administrative overhead). iv) 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. B. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the DEPARTMENT's Comptroller under Section 334,044 (29), Florida Statutes, C. If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments, D, The DEPARTMENT's obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, E. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof, F. Travel costs will not be reimbursed. CLERK'S ORIGINAL Form 525-010-41 OGC - POLICY PLANNING 4 of 13 G. A Vendor Ombudsman has been established within the Department of Banking and Finance, The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payments(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hotline, 1- 800-848-3792, H, Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT 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 DEPARTMENT upon request. Records of costs incurred includes the CITY's general accounting records and the project records, together with supporting documents and records of the CITY and all subcontractors performing work on the project, and all other records of the CITY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. I. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. J. It is unlawful for the CITY 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 s, 129,06, and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter 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, and the CITY contracting for such amounts and the bonds of CITY also shall be liable for the excess indebtedness so contracted for. Section 129.07, Florida Statutes, K. 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 of 36 months from the date of being placed on the convicted vendor list. r '- Form 525-010-41 OGC - POLICY PLANNING 5 of 13 4-INDEMNITY AND INSURANCE A. i) To the extent allowed by law, the CITY shall indemnify, defend, and hold harmless the DEPARTMENT and all of its officers, agents, and employees from any claim, loss, damages, cost, charge, or expense arising out of act, error, omission, or negligent act by the CITY, its agents, or employees, during the performance of the Agreement, except that neither the CITY, its agents, or its employees will be liable under this paragraph for any claim, loss, damages, cost, charge, or expense arising out of act, error, omission, or negligent act by the DEPARTMENT, or any of its officers, agents, or employees, during the performance of the Agreement. ii) When either party receives notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party, Each party will evaluate the claim, and report its findings to each other within fourteen (14) working days and jointly discuss options in defending the claim, A party's failure to promptly notify the other of a claim will not act as a waiver or any right herein. iii) The CITY 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 DEPARTMENT 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 DEPARTMENT or any of its officers, agents, or employees, II B. LIABILITY INSURANCE. The CITY shall carry and keep in force during the period of this Agreement a general liability policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $100,000 per person and $300,000 each occurrence, and property damage insurance of at least $50,000 each occurrence, for the services to be rendered in accordance with this Agreement. However, in the event the CITY maintains a self-insurance fund to cover such liability, the CITY agrees to maintain sufficient reserves in the fund to pay the above-described liability limits. In addition to any other forms of insurance or bonds required under the terms of this Agreement, the CITY must comply or cause its contractor to comply with Section 7-13 of the DEPARTMENT's Standard Specifications for Road and Bridge Construction (2000), as amended. C. WORKERS' COMPENSATION. The CITY shall also carry and keep in force Workers' Compensation insurance as required for the State of Florida under the Workers' Compensation Law. CLERK'S Of-liGnNAL Form 525-010-41 OGC - POLICY PLANNING 6 of 13 5-COMPLIANCE WITH LAWS A. The CITY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CITY in conjunction with this Agreement. Failure by the CITY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT, B. The CITY shall comply with all federal, state, and local laws and ordinances. applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement. C. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch, or a state agency. D, The CITY and the DEPARTMENT agree that the CITY, its employees, and subcontractors are not agents of the DEP AR TMENT as a result of this Agreement for purposes other than those set out in Section 337.274, Florida Statutes, E. Recipients of state funds are to have audits done annually using the following criteria, State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding state agency, In the event that the recipient expends a total amount of State awards (i.e" State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10,600, Rules of the Auditor General. In connection with the audit requirements addressed in the paragraph above, the recipient shall ensure that the audit complies with the requirements of Section 215,97(7), Florida Statutes, This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10,600, Rules of the Auditor General. If the recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215,97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e" the cost of such an audit must be paid from recipient funds obtained from other than State entities). Reporting Packages and management letters generated from audits conducted in accordance with Section 215,97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General shall be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. The CLERK'S ORIGiNAL Form 525-010-41 OGC - POLICY PLANNING 7 of 13 afore mentioned items are to be received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year, The recipient shall follow up and take corrective action on audit findings, Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit finding is required, Current year audit findings require corrective action and status of finding, Project records shall be retained and available for at least 3 years from the date the audit report is issued. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved, Access to project records and audit workpapers shall be given FDOT, the Comptroller, and the Office of the Auditor General. The recipient shall submit required audit documentation as follows: A Financial Reporting Package of audits conducted in accordance with Section 215,97, Florida Statutes, and Chapter 10,600, Rules of the Auditor General shall be sent to: State of Florida Auditor General Attn: Ted J. Sauerbeck Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302-1450 6-TERMINATION AND DEFAULT A. This Agreement may be canceled by the CITY or the DEPARTMENT upon (60) days written notice. B. If the DEPARTMENT determines that the performance of the CITY is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the CITY 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 DEPARTMENT, C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the CITY, the DEPARTMENT shall notify the CITY 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 CITY 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 DEPARTMENT and will be turned over promptly by the CITY. CLERK'S OfUGU\JAL Form 525-010-41 OGC - POLICY PLANNING 8 of 13 7-MISCELLANEOUS A. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular, All words used in any gender shall extend to and include all genders, B. the CITY. The DEPARTMENT shall not be obligated or liable hereunder to any party other than C. In no event shall the making by the DEPARTMENT of any payment to the CITY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the CITY, and the making of such payment by the DEPARTMENT while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. D. 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. E. 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. F. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue of any judicial proceedings arising out of this Agreement shall be in Leon County, Florida. Q, This Agreement shall be effective upon execution by both parties and shall continue in effect and be binding on the parties until the PROJECT is completed and accepted and payment made by the DEPARTMENT or terminated in accordance with Section 6. H. An entity or affiliate which 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, CLERK'S ORIGINAL Form 525-010-41 OGC - POLICY PLANNING 9 of 13 and may not transact business with any public entity. IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf this / ~ day of It u Cf u sf, ;:{ 0 0 / , by the Chairman of the Board of Commissioners, authorized to enter into and execute same by Resolution Number 309 -J 001 of the Board on the I ~ day of A u 9 u S -;- , c;( 00/ , the CITY has caused this Agreement to be executed in its behalf this'-"'2 (, day of :rU L L/ , 2. CO I , by the Mayor, authorized to enter into and execute same by Resolution Number lJ/- () 1- J./6 of the Village Council on the 21L day of JUL'-{ , 2aJ I , and the DEPARTMENT has executed this Agreement through its District Secretary for District Six, Florida Department of Transportation, this -1 day of Ck!Jo13~ ,1.(X)/. "'III11J1J1J/JJ!!l""Ilfl!l/JIJJI!III1I1I1JJlJIJlJIJIJIJlIIIIIIIlIll/l/!,IJ!JI!JJIIIIIIJJJIl!!!l!l!lIlJl!l!lflfJ!lIJ/lJI!l/IJIJlJIJlJIJIJJJJJJJJJIJlJJJIJIJlJIJIJ//lJIJlJlJIJlflfl!l!lm/!l!/Jl!J!lIIII/J/IJI/lJIlIfIIlIlIll/JIJ!JIJIJllIlIflIlIllIJlJlJIJIJJlJII!!"!l!1I1IlJlmJ!lIJ/lJIII/I/l/////lJlJl!l!IJlJJJJJJJI/JJJl/lt. --rY7on roe- CO:?;RI;: e Kl::-~ CHAIRMA~OARD OF COUNTY COMMISSIONERS , FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORT A TION ATIES~EAL) E IVE RETARY DOT Legal Review: NA~Q90 NAME: fJ1a oq rPj- Jh35 I (n-2 DIS RIC DIRECTOR OF PLANNING AND PROGRAMS DISTRICT tP Agreement Date: / 0 - 4 - :J-CCJ I 0 r- <i. 0:: N 11.J 0 .. <.::J ...J - 4: ,u- U xl-,..: W x: ...Jul- a::: cr ~a:::Z: a::: . -=> co ,(,,)0 0 .....J .U ...... ......- ~':C W ....- t~d~ 0 w w 0 ...1:, z ...J Cl c; = ::t.: u.. C::) C-...I Form 525-010-41 OGC - POLICY PLANNING 10 of 13 EXHIBIT "A" PROVISIONS FOR ADVANCED PAYMENTS (If Applicable) (Reference section 3 A. ii, in agreement) A. The DEPARTMENT agrees to pay an amount of $ N.A. which is equal to 15% of the DEPARTMENT's maximum participation of the estimate of the cost of the project. B. The advanced amount shall be paid to the CITY after execution of this agreement and within the fiscal year of the project funding in the DEP AR TMENT' S Adopted Work Program as of the date of execution, C. The amount advanced after execution shall be applied toward latter months payments or at the completion of the project. D. The CITY will submit an invoice for the advance, Form 525-010-41 OGe - POLICY PLANNING 11 of13 Financial Project No,: 411173-1-54-01 Contract No,: AKl.fft,"Z.. EXHIBIT "B" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation, Monroe County, and Islamorada, Village of Islands, P.O, Box 568, Islamorada, Florida 33036. Project Location: Islamorada, Village of Islands, Monroe County Project Description: Construction of Bike Path Segments within Islamorada, Village of Islands TASK 1: Permitting - Secure necessary Permitting through the South Florida Water Management District, the Florida Department of Transportation and the Village, meet with agencies and modify plans as required, TASK 2: Construction of Bike Path Segments - Fill in gaps in existing bike path system, - Segment 1, MM 80 on Upper Matecumbe - Oceanside (0.63 miles). - Segment 2, MM 86 to 89 on Plantation Key - Bayside (2.88 miles), - Total length of two segments combined in approximately 3,51 miles, - New bike path segments will match existing bike path system, six-foot width asphalt construction, - Paths will be located in Florida Department of Transportation right of way. Florida Department of Transportation permit #035-01, - Anticipated date to begin construction is August 2001, Form 525-010-41 OGC - POLICY PLANNING 12 of 13 Financial Project No.: 411173-1-54-01 Contract No.: AK4(P2. EXHIBIT "C" ESTIMATED PROJECT COST AND BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation, Monroe County, and Islamorada, Village of Islands, P,O, Box 568, Islamorada, Florida 33036, ESTIMATED PROJECT COST Construction Costs Permitting/Construction Inspection/Contingencies $252,876 $ 14,960 Total Estimated Project Cost $267,836 FUNDING P ARTICIP A TION Maximum Federal Participation 0% Public Agency Participation, Islamorada, Village of Islands In Kind Cash Other 0% 50% 0% $133,918 Maximum Department Participation Primary (D) (from 2001/2002 funds) Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable (DL) 50% $133,918 0% 0% Total Project Cost $267,836 Form 525-010-41 OGC - POLICY PLANNING 13 of 13 FM Number 411173-1-54-01 Contract Number .At:: ~ to ~ EXHIBIT "D" This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation Monroe County and Islamorada, Village of Islands, P.O, Box 568, Islamorada, Florida 33036 dated /~ - ~ - J.co/ INVOICING AND PROGRESS REPORTS In order to obtain any payments, the Agency shall: 1. Submit quarterly progress reports which are acceptable to the Department describing the work and which adequately justify and support the payment requested; and 2, Submit to the Department its quarterly invoice on forms prescribed by the Department, and such other data pertaining to the Project Account and the Project as the Department or the Federal Highway Administration may require to justify and support the payment requested; and 3, Comply with all applicable provisions of this Agreement. Pursuant to Section 22,00, the Department shall have ten (10) working days to inspect and approve the quarterly progress report prior to processing the submitted invoice. RESOLUTION NO. 01-07-45 A RESOLUTION OF THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE VILLAGE, MONROE COUNTY, FLORIDA, AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPOR- T A TION PERTAINING TO A GRANT FOR FINANCIAL ASSISTANCE FOR CONSTRUCTION OF BIKE PATHS; AUTHORIZING THE MAYOR TO EXECUTE THE INTERLOCAL AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation (the "FDOT") is willing to provide Monroe County, Florida (the "County") financial assistance under Financial Project No, 411173- 1-54-01 for improvements to the Village bike paths located on Plantation Key and Upper Matecumbe Key (the "Project") pursuantto Section 339.2817, Florida Statutes; and WHEREAS, the County is willing to assign all of its interests and obligations, financial and otherwise, in the oversight and management of the Project to the Village; and WHEREAS, the Village desires to furnish the services with which to construct Bike Path segments within the Village; and WHEREAS, the Village, the County, and the FDOT desire to enter into an Agreement with respect to the funding and construction of the Project. NOW THEREFORE, BE IT RESOLVED BY THE Village COUNCIL OF ISLAMORADA, Village OF ISLANDS, FLORIDA, AS FOLLOWS: Section 1. Adoption of Recitals, The above recitals are true and correct and incorporated herein by this reference. Section 2. The County Incentive Grant Program Agreement between Islamorada, Village of Islands, Florida, Monroe County, Florida, and the State of Florida Department of .......... 'ivir~AL S. ViU.,1GE CLERK Transportation in substantially the form attached as Exhibit "A" is approved, -The Mayor is authorized to execute the Agreement. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 26th day of July 2001. .1 ijt~ illage CLERK APPROVED AS TO LEGAL SUFFICIENCY - 2 Motion to adopt by Vice Mayor Levy, seconded by Councilman Geisler. FINAL VOTE AT ADOPTION Mayor Frank R. Kulisky Yes Vice Mayor Ron Levy Yes Councilman George Geisler Yes Councilman Mark H Gregg Yes Councilman James V. Mooney Yes 3 RESOLUTION NO, 309 - 2001 A RESOLUTION OF THE BOARD oF' COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING APPROVAL OF THE JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND VILLAGE OF ISLAMORADA FOR THE COUNTY INCENTIVE GRANT PROGRAM WHEREAS, THE State of Florida Department of Transportation (the FDOT) is willing to provide Monroe County, Florida (the COUNTY) fmancial assistance under the County Incentive Grant Program, created by Section 339.2817, Florida Statutes, to provide grants to counties to improve a transportation facility which is located on the State Highway System or which relieves traffic congestion on the State Highway System; WHEREAS, the VILLAGE of ISLAMORADA (the VILLAGE) desires to furnish the services with which to enter into an Agreement with respect to the funding and construction of the improvements to the Village bike paths located on Plantation Key and Upper Matecumbe Key under FDOT Financial Project No. FM 4117315401 for FY 2000/2001, pursuant to Section 339.2817, Florida Statutes; and WHEREAS, the VILLAGE has certified to the FDOT that it has met the eligibility requirements of said Section 339.2817, Florida Statutes; and WHEREAS, the COUNTY is willing to assign all of its interests and obligations, financial and otherwise, in the oversight and management ofthe project to the VILLAGE; and BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that The County Administrator is hereby authorized to sign the Joint Participation, as attached, for the County Incentive Grant Program designating and setting forth the responsibilities of each party for the administration of the grant. 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, :t ~ o 0 c:::a % )> ~n:Z: (Ttr-:t: ~-< n' On: C::-;x; :Z:?'o ~nr- ." :<--:z: :J:: ...)> .." C> ~ ~ (Tt Mayor George Neugent Mayor ProTem Nora Williams Commissioner Murray Nelson Commissioner Dixie Spehar Commissioner Charles "Sonny" McCoy Yes Yes Yes Yes c.? ,." -0 I'\) o ""'1 - r- f"1 o ""'1 o ::0 ::0 /"T1 n o ::0 o Yes 'I.~ : o (Sea Attest~ (l ~adiv Clerk of 000 ~ BY