09/20/2001 Agreement
,
f: ,.
Clerk DlThe
Cilmn COon
Danny L. Kolhage
Phone: 292-3550 Fax: 295-3663
Memnrandmn
To:
Tim McGarry, Director
Growth Management Division
Attn:
Colleen Gardner
From:
Isabel C. DeSantis, ~ fT:
Deputy Clerk -..D . ..... .
Date:
Wednesday, October 10, 2001
At the BOCC meeting of September 20, 2001, the Board adopted Resolution No.
362-2001 rescinding Resolution 308-2001 for the Memorandum of Agreement with the
Florida Department of Environmental Protection for use of the County Incentive Grant
Program Funds, and granted approval and authorized execution of a Memorandum of
Agreement between Monroe County and Florida Department of Environmental
Protection (DEP) for the survey, design, permitting and/or construction of portions of the
Overseas Heritage Trail.
Attached hereto are two (2) duplicate originals of the sUbject document executed
by Monroe County and two (2) certified copies of the Resolution for your handling.
Please be sure that the copy marked CLERK'S ORIGINAL is returned to this office as
quickly as possible. Should you have any questions concerning the above, please do not
hesitate to contact this office.
cc: County Attorney
Finance
vFile
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FKOHT CIGP MOA
August 27,2001
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 II +~ day of Fi-b.,
2002, 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 survey, design, and
construction of 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 "I", hereinafter referred to as
the PROJECT,_or subsequent amended segments of the TRAIL mutually agreed to in
writing by both parties.
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FKOHT CIGP MOA
August 27,2001
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."
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FKOHT CIGP MOA
August 27,2001
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 FDOT's Standard Specification for Road and Bridge Construction
(2000), as amended.
9. Compensation and Payment:
A. The DEP agrees that 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 monthly
and/or as agreed upon by the DEP and 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.
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
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FKOHT eIGP MOA
August 27, 2001
bids on leases of real property to a public entity, may not be awarded or perfonn 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 FDOT approval of plans and specifications prior to bidding the project.
The COUNTY agrees to provide written review or approval within 45 days, subject to
FDOT 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 FDOT Standard
Specification for Road and Bridge Construction (2000), as amended.
13. This Agreement is subject to tennination 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 perfonnance of the DEP is not satisfactory,
the COUNTY shall have the option of (a) immediately tenninating 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.
C. If the COUNTY requires tennination of the Agreement for reasons other than
unsatisfactory perfonnance of the DEP, the COUNTY shall notify the DEP of such
termination, with instructions to the effective date of tennination or specify the stage of
work at which the Agreement is to be tenninated.
D. If the Agreement is tenninated before perfonnance is completed, the DEP shall be
paid only for that work satisfactorily perfonned 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.
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FKOHT CIGP MOA
August 27,2001
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
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.
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FKOHT CIGP MOA
August 27,2001
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.l.
Key West, Florida 33040
Attention: Director of Public Works
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FKOHT CIGP MOA
August 27,2001
IN WITNESS WHEREOF, the parties have caused these present to be duly executed, the day and year
fIrst above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
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COUNTY OF MONROE, FLORIDA
By Its B d of COUNfY Commissioners
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Mayor
(OFFICIAL SEAL)
Approved as to Form and Legality:
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FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION,
DIVISION OF RECREATION AND PARKS
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FKOHT CIGP MOA
August 27,2001
EXHIBIT "1"
This exhibit forms an 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 F, .-h1"V~ /'/ 2...d <<I' 2-
The DEP shall provide survey, 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 Improvements and Landscaping -MM 10.5 to 15.0..
Shark Channel Historic Bridge Improvements
Saddlebunch #2 Historic Bridge Improvements
Saddlebunch #3 Historic Bridge Improvements
Saddlebunch #4 Historic Bridge Improvements
Saddlebunch #5 Historic Bridge Improvements
Budget:
$ 677,000.00
$ 133,000.00
$ 80,000.00
$ 80,000.00
$ 65,000.00
$ 65.000.00
$1,100,000.00
The DEP shall provide survey, design and permitting oftrail improvements and landscaping for
the following segments of the Overseas Heritage Trail in accordance with the budget shown
below:
Lower Sugarloaf Trail and Landscaping -
Key Haven to Big Coppitt Trail and Landscaping-
Grassey Key to Long Key Trail and Landscaping-
Budget:
MM 15.0 to 16.5
MM 5.2 to 10.5
MM 58.0 to 65.6
$ 900.000.00
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 construction permits as required to
complete the TRAIL construction, review and approve all invoices and submit for payment the
COUNTY and be responsible for all Public Involvement Activities.
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FKOHT CIGP MOA
August 27, 2001
EXHffilT "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, to be used as payment for the survey, design and construction and
landscaping of the TRAIL.
2. The COUNTY shall also provide matching funds in the amount of One Million
Dollars ($1,000,000.00) to be used as payment for the survey, design, construction,
and landscaping of the TRAIL.
3. The COUNTY shall pay all invoices, as approved by the DEP, from the above funds.
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