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07/14/2004 Agreement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: August 23, 2004 TO: Timothy McGarry, Director Growth Management Division FROM: Mayra Tezanos Executive Assistant Pamela G. Hanc~ Deputy Clerk 0 ATTN: At the July 14,2004, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Memorandum of Agreement between Monroe County and 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. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Administrator w/o document County Attorney Finance File./' MONROE COUNTY MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF GREENW A YS AND TRAILS This MEMORANDUM, OF AGRE,EMENT, hereinafter called AGREEMENT, entered into this /4 (;/{ day of '-..J () L Y , 2004, by and between MONROE COUNTY, hereinafter called the COUNTY and the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION-OFFICE OF GREENWAYS 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 10f4 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 RESPONSIBILITIES 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 RESPONSIBILITIES 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. 20f4 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 U.S. mail, return receipt requested, postage prepaid, addresssed 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 3of4 The parties agree to indemnify and hold the other harmless, to the extent of the limitations included with Section 768.28, ofthe 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 GREENW A YS AND TRAILS BY:P~ 'I 40f4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS BY: ~(~ ATTEST: :r: o c: Z 1> ::D ~- - c'~, ("q f"o..:i c:::> c:::> ..s:- > c:: en N w o "'V :3 z:- fTl t::J -:"1 a ;u ::u r:-J ........ ,,~~ ::-"'.J CJ . .