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Resolution 362-2001 ~ ; -'f ,~l RESOLUTION NO. 362 - 2001 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA 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 WHEREAS, the Florida Department of Transportation (the FDOT) has the authority, under the County Incentive Grant Program, 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, Monroe County has entered into a Memorandum of Understanding with the Florida Department of Transportation and the Florida Department of Environmental Protection where the FDEP has agreed to provide design, permitting, construction and maintenance of the Florida Keys Overseas Heritage Trail; and WHEREAS, the Florida Department of Environmental Protection, (FDEP) wishes to amend the work scope and budget for the County Incentive Grant Program project agreement, to provide design, permitting and construction services for the Overseas Heritage Trail, as previously approved by the Monroe County Board of County Commissioners; and WHEREAS, Monroe County has funding which is part of the Transportation Impact Fees, which may be used as matching funds for the County Incentive Grant Program; and BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution 308-2001 for the Memorandum of Agreement with the Florida Department of Environmental Protection for the County Incentive Grant Program, designating and setting forth the responsibilities of each party for the administration of the grant for the design and construction of portions of the Overseas Heritage Trail, is hereby rescinded. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of September, A.D., 2001. ......, 3:~ ~." (.;:..> '-" - :z: )> r ::0 --,... C) f'T1 ?p=~: n 0 ''':::-;:-< ~ n . r I ." an. \.D 0 c;u,';.'ll;; :::0 ~~;2 " :::0 ::< ,.-r::t: 3: fT1 . > ('") ~ C) N 0 )> IT! _ ::0 Momoefounty Board Of~minissione~ o.-+- B~ ~~ /Co re.-<r PRO~ED AS TO FORM y, yes ~ Mayor George Neugent Mayor ProTem Nora Williams Commissioner Murray Nelson Commissioner Dixie Spehar )l.e.S- yes yes 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 ~I iJday of 5 t(;ff 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 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" I ", 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. 1 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/pennits 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 FK.0HT 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, ], 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 3 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 contractort suppliert subcontractort or consultant under a contract with any public entity and may not transact business with any public entity in excess ofthe threshold amount provided in Section 287.017, Florida Statutest 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 Agreementt which is located on Department of Transportation right-of- waYt may be removedt relocated or otherwise adjusted at any time in the future in order that the adjacent state road may be widenedt 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 287.055t 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)t 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 detennines that the perfonnance of the DEP is not satisfactory, the COUNTY shall have the option of (a) immediately tenninating the Agreementt or (b) notifying the DEP of the deficiency with a requirement that the deficiency be corrected within a specified timet otherwise the Agreement will be tenninated at the end of such timet or (c) taking whatever action is deemed appropriate by the COUNTY. C. If the COUNTY requires termination 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 terminated before perfonnance is completedt the DEP shall be paid only for that work satisfactorily perfonned for which costs can be substantiated. Such payment, howevert 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, 4 FK.OHT 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 ofthis 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. 5 FK.OHT 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.1. Key West, Florida 33040 Attention: Director of Public Works REMAINDER OF P AGE INTENTIONALLY LEFT BLANK 6 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 8 ~OC~~ DEPUTY CLERK ~~iiiS~'~"~ ~ .~a ~ c:=-J t__ '0 ~.~/' ~'2T~~. "t.~~\ If/; >1i.. ,.r'r" ,\i . \1Iri; _.1't~~ \ ~~ ,~; {~ ~~'_-'~_ ,'--~ - - ~~ft~) ;-~l~.,;f ~. ~~"'" ~.~ii\r:J.,; \~\~~ t:g~ &,;:~/;li? '~.., . " -, fE~b1\sc;r .,..,.,., '. c .'\:, = ~_,,>ii'. ..... "'<'..,~~f,;;~~'~~:~:> COUNTY OF MONROE, FLORIDA By Its B d of COUNfY Commissioners B' Mayor (OFFICIAL SEAL) Approved as to Form and Legality: ~RNEY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF RECREATION AND PARKS By: Director or authorized designee Approved as to Form and Legality: DEPATTORNEY 7 ~ FK.OHT CIGP MOA August 27,2001 EXHIBIT "I" 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 D~artment, 5100 College Road, Key West, Florida 33040, dated c:<o -lJl ..~ e..D-f. cJ. 001 . I I 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.. $ 677,000.00 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: $ 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 of trail improvements and landscaping for the following segments of the Overseas Heritage Trail in accordance with the budget shown below: Lower SugarloafTrail 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 8 FK.OHT CIGP MOA August 27,2001 EXHffiIT "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. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK 9