HomeMy WebLinkAbout2019-197ATRUE COPY
FWC Agreement N CERTIFICATION ON LAST PAGE
9.R. MITI I, CLERK
MEMORANDUM OF AGREEMENT
BETWEEN
THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
AND
INDIAN RIVER COUNTY
PARKS AND CONSERVATION RESOURCES
FOR
BOATING ACCESS PROJECTS
THIS MEMORANDUM OF AGREEMENT is entered into by and between THE
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, 620 South Meridian
Street, Tallahassee, Florida 32399-1600, hereafter called "COMMISSION," and INDIAN
RIVER COUNTY, PARKS AND CONSERVATION RESOURCES, 5500 77TH Street, Vero
Beach, Florida 32967 hereafter called "COOPERATOR."
WHEREAS, the purpose of this Memorandum of Agreement is to establish an agreement
between the parties to provide mutually beneficial support and enhancement of public
recreational boating opportunities in their respective efforts for the following boat ramps in
Attachment A: Table A, hereafter referred to as the "PROJECTS," and
WHEREAS, the COMMISSION has available labor, equipment, and materials funded
part from the Sport Fish Restoration Act — Boat Access and part from state funding to construct
new, improve existing, and maintain the PROJECTS, and
WHEREAS, the COOPERATOR has property available for boating access, further
described in Attachments A: Table B, hereafter referred to as the "PROJECT SITES," and
wishes to cooperate with the COMMISSION.
In consideration of mutual promises contained herein, the COMMISSION and the
COOPERATOR agree as follows:
1. RESPONSIBILITIES OF THE PARTIES. The parties hereby agree to accept and undertake
the following responsibilities assigned to them under this Agreement:
A. Responsibilities of the COMMISSION.
1. Provide labor, equipment, and materials to maintain the structure or improvements at
the PROJECT SITES described in Attachment A: Table B.
2. Agrees to perform all structural maintenance and improvements to the PROJECT
SITES as may be necessary during the term of this Agreement.
3. Obtain appropriate permits prior to construction or repair work performed hereunder.
Page 1 of 8
A TRUE COPY
FWC Agreement No. CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
4. Communicate with the COOPERATOR on any changes to the Agreement.
B. Responsibilities of the COOPERATOR
1. Agrees to dedicate, by appropriate action of its governing body, the real property
referenced in Attachment A, Table A, Exhibit(s), and by its acceptance to the
provisions of this Agreement does hereby dedicate it to public use as a recreation area
available to the general public for recreation and boating purposes only.
COOPERATOR agrees to complete the Site Dedication Form, Attachment B, and file it
as an official record in the Clerk of the Circuit Court with jurisdiction over the project
sites. The parties further agree that the execution of this Agreement shall constitute an
acceptance of the dedication of PROJECT SITES on behalf of the general public of the
State. The Site Dedication shall last for the term of this Agreement unless the
Agreement is terminated. Should the Agreement terminate or otherwise end, the
COOPERATOR may request, and the COMMISSION shall issue a Termination of the
Dedication for filing with the Clerk of Court.
2. Agrees to provide a means of ingress and egress to the PROJECT SITES.
3. Agrees to provide and to maintain all existing parking spaces and ancillary facilities
described in Attachments A: Table C, PROJECT FACILITIES.
4. COOPERATOR further agrees, subject to availability of necessary funds, to provide
other ancillary facilities such as, but not limited to, lighting, public restrooms, picnic
and recreational facilities as may be deemed, in the opinion of the COOPERATOR, to
be necessary or desirable.
5. Agrees to operate and, subject to the terms of paragraph A.2 hereof, maintain
PROJECT SITES, and all ancillary facilities thereon for the duration of the term of this
agreement. Such operational and maintenance responsibility shall include, but not be
limited to, the maintenance of ancillary facilities, trash removal, grounds maintenance
on the PROJECT SITES, and the provision of such law enforcement services as are
usual and customary in order to allow the safe and orderly public utilization of the
PROJECT SITES.
6. Shall keep the PROJECT SITES and PROJECT FACILITIES open for public use,
maintained in accordance with all applicable health and safety standards and kept in
good repair to prevent undue deterioration and provide for safe public use.
7. Covenants that it has full legal authority and financial ability to develop, operate and
maintain the PROJECT FACILITIES and improvements in accordance with the terms
of this Agreement.
Page 2 of 8
A TRUE COPY
CERTIFICATION ON LAST PAGE
FWC Agreement No. i R .sm N C ERK
8. Communicate in writing to the COMMISSION when repairs or maintenance to be
conducted by the COMMISSION in accordance with paragraph A.2 hereof are deemed
necessary by the COOPERATOR.
9. Shall not, for any reason, convert all or any portion of the PROJECT SITES or
PROJECT FACILITIES to other purposes, without prior approval of the
COMMISSION. Any such conversion will result in termination of this Agreement.
10. Agrees that no launch fee shall be charged by the COOPERATOR. Entrance fees may
be collected by the COOPERATOR if existing at the time of the execution of this
Agreement or agreed to in writing by the COMMISSION, and if done in accordance
with all State and Federal laws and regulations. Entrance fees charged for the
PROJECT SITES by the COOPERATOR shall be imposed uniformly upon all users
without regard to age, sex, race, religion, handicap, or other lawfully prohibited
condition. All entrance fees charged by the COOPERATOR for the PROJECT SITES
must be uniform and consistent with fees charged throughout the COOPERATOR's
jurisdiction, and must be invested back into the maintenance of PROJECT SITES or
PROJECT FACILITIES, as identified in Attachment A.
11. Agrees not to restrict access hours between dawn to dusk to boat launching facilities
comprising the PROJECTS unless such restriction is agreed to by the COMMISSION
in writing and made part of this Agreement by way of an amendment.
12. Agrees, upon request, to provide the COMMISSION with any existing documents such
as surveys, design plans, or as built drawings as may be necessary for construction or
repair of the project facilities and to otherwise assist the COMMISSION, as
appropriate, in obtaining all necessary permits for work on the PROJECTS. As
available, the COOPERATOR further agrees to provide engineering services, when
necessary, to address special design problems or major rebuilds and for the purpose of
reviewing and signing permit applications requiring a professional engineer's signature.
In the event that special design problems or major rebuilds are identified, the
COOPERATOR may qualify for grant funding through the COMMISSION'S programs
to cover the costs of these engineering services. If the COOPERATOR does not agree
to provide these engineering services, the specific PROJECT shall be removed from
this Agreement going forward.
13. Agrees to indemnify the Commission for any penalties imposed by United States,
Department of Interior due to the COOPERATOR'S non-compliance with applicable
Federal regulations, to the extent provide by law. Any such penalties will be paid by
the COOPERATOR.
14. Agrees to give the COMMISSION access to the PROJECT FACILITIES, through its
agents and employees for the purpose of inspecting the PROJECT FACILITIES
thereon, and to perform any duties imposed hereunder. The parties agree that, in
compliance with 50 CFR 80.132, those lands or waters on which capital improvements
Page 3 of 8
A TRUE COPY
CERTIFICATION ON LAST PAGE
FWC Agreement No. J.R. SMITH, CLERK
are made by the COMMISSION hereunder shall remain within the control of the
COMMISSION to the extent necessary to assure the protection, maintenance, and use
of the improvement(s) throughout the term of this agreement.
15. Agrees to allow the COMMISSION to post, at its own expense, signs at the PROJECT
SITES identifying the PROJECT FACILITIES as a Federal Aid Project, and the parties
hereto as cooperators in providing boating access facilities. In addition, such signs may
include public information concerning maintenance of the PROJECT SITES.
2. TERM OF THE AGREEMENT. It is understood and agreed that the relation established by
this Agreement is meant to be for the benefit of both parties, and that this Agreement shall be
effective on the date of execution by both parties, and shall remain in effect for a period of 20
(twenty) years, or for a period of 20 (twenty) years from the completion of any reconstruction or
major repair, or significant structural alteration or addition to the PROJECT FACILITIES,
approved in writing by the parties and conducted at the expense of the COMMISSION, unless
otherwise terminated, suspended or modified in writing by an appropriate amendment executed
by both parties.
3. TERMINATION. Either party may terminate this Agreement, in whole or as to any specified
PROJECT FACILITIES which are the subject hereof, upon giving written notice to the other
party specifying the termination date, by certified mail, return receipt requested, at least 60 (sixty)
days prior to the termination date specified in the notice. In the event of such termination, the
obligations of the parties hereunder shall cease as to the PROJECT SITES or PROJECT
FACILITIES which are the subject of termination, and such PROJECT SITES or PROJECT
FACILITIES shall revert to the exclusive control of the COOPERATOR. Should the Agreement
terminate, the COMMISSION shall issue a Termination of the Site Dedication for filing with the
Clerk of Court where the original site dedication was filed.
4. NOTICES. Any and all notices shall be delivered to the parties at the following addresses (or
such changed address or addressee as may be provided by notice). A notice or other
communication shall be deemed received by the addressee on the next business day after having
been placed in overnight mail with the U. S. Postal Service, or other overnight express service
such as FedEx, UPS, or similar service. Notices sent by means other than overnight delivery
shall be deemed received when actually received by the addressee:
FOR THE COMMISSION:
Boating Access Coordinator
Florida Fish and Wildlife Conservation
Conservation Commission
620 South Meridian Street
Tallahassee, Florida
850-617-9538
850-488-9284
FOR THE COOPERATOR:
Director
Parks and Conservation Resources
Indian River County
5500 77th Street
Vero Beach, Florida 32967
772-226-1875
Page 4 of 8
ATRUE COPY
CERTIFICATION ON LAST PAGE
FWC Agreement No. J.R. SMITH, CLERK
5. AUTHORITIES. It is understood and agreed that each party operates under its own legal
authorities, policies and administration, and each party's obligations under this Agreement are
thereby limited. It shall be the responsibility of each party to interpret its own authorities and
policies, and make decisions as required under law and policies applicable to each.
6. PUBLIC RECORDS. All records in conjunction with this Agreement shall be public records
in accordance with the laws applicable to the parties.
7. LIABILITY. Each party hereto agrees that it shall be solely responsible for the negligent or
wrongful acts of its employees and agents. However, nothing herein shall constitute a waiver by
either party of sovereign immunity or statutory limitations on liability.
8. STATE REQUIRED CLAUSES.
a. Non-discrimination. No person, on the grounds of race, creed, color, national origin,
age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits
of, or be otherwise subjected to discrimination in performance of this Agreement.
b. Prohibition of Discriminatory Vendors. In accordance with Section 287.134, Florida
Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not
submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity;
may not submit a bid, proposal or reply on a contract with a public entity for the construction or
repair of a public building or public work; may not submit bids, proposals, or replies 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.
c. Public Entity Crimes. In accordance with Section 287.133(2)(a), F.S., 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, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract with a public
entity for the construction or repair of a public building or public work; may not submit bids,
proposals, or replies 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of
being placed on the convicted vendor list.
d. Legislative appropriation. For Agreements whose term extends beyond the State fiscal
year in which encumbered funds were appropriated, the State of Florida's performance and
obligation to pay is contingent upon an annual appropriation by the Legislature.
9. FEDERAL REQUIRED CLAUSES.
a. Non-discrimination. All activities pursuant to this Agreement and the provisions of
Exec. Order No. 11246, 3 C.F.R. 339 (1964-65) shall be in compliance with the requirements of
Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d et seq.); Title V, Section
Page 5 of 8
A TRUE COPY
FWC Agreement No. CERTIFICATION ON LAST PAGE
504 of the Rehabilitation Act of 1973 (87 Stat. 394; 29 U.S.C. 794); the Age Discrimination Act
of 1975 (89 Stat. 728; 42 U.S.C. 6101 et seq.); and with all other Federal laws, regulations, and
policies prohibiting discrimination on the grounds of race, color, national origin, handicap,
religion, sex, or sexual orientation, in providing for facilities and service to the public.
b. Public Laws. Nothing herein contained in this Agreement shall be deemed to be
inconsistent with or contrary to the purpose of or intent of any Act of Congress or the laws of the
District establishing, affecting, or relating to the Agreement.
c. Appropriations. Nothing contained in this Agreement shall be construed as binding
the COMMISSION to expend in any one fiscal year any sum in excess of appropriations made by
Congress, and available for the purposes of this Agreement for that fiscal year, or as involving
the United States in any contract or other obligation for the further expenditure of money in
excess of such appropriations.
10. NON -ASSIGNMENT. This Agreement may not be assigned in whole or in part without the
written approval of all parties. Any such assignment or attempted assignment shall be null and
void.
11. SEVERABILITY AND CHOICE OF VENUE. This Agreement has been delivered in the
State of Florida and shall be construed in accordance with the laws of Florida. Wherever
possible, each provision of this Agreement shall be interpreted in such manner as to be effective
and valid under applicable law, but if any provision of this Agreement shall be prohibited or
invalid under applicable law, such provision shall be ineffective to the extent of such prohibition
or invalidity, without invalidating the remainder of such provision or the remaining provisions of
this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon
County, Florida, to the exclusion of all other lawful venues.
12. NO THIRD -PARTY RIGHTS. The parties hereto do not intend, nor shall this Agreement be
construed to grant any rights, privileges or interest to any person not a party to this Agreement.
13. JURY TRIAL WAIVER. As part of the consideration for this Agreement, the parties hereby
waive trial by jury in any action or proceeding brought by any party against any other party
pertaining to any matter whatsoever arising out of or in any way connected with this Agreement,
or with the products or services provided under this Agreement; including but not limited to any
claim of quantum meruit.
14. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with Executive Order 96-
236, the COMMISSION shall consider the employment by the COOPERATOR of unauthorized
aliens a violation of section 274A(e) of the Immigration and Nationalization Act. Such violation
shall be cause for unilateral cancellation of this Agreement if the COOPERATOR knowingly
employs unauthorized aliens.
15. EMPLOYMENT ELIGIBILITY VERIFICATION. The COOPERATOR shall enroll in and
use the U.S. Department of Homeland Security's E -Verify Employment Eligibility Verification
Page 6 of 8
A TRUE COPY
CERTIFICATION ON LAST PAGE
FWC Agreement No. J.R. sm T, , „ t�K
System (http://www.uscis.gov/portal/site/uscis) to verify the employment eligibility of all new
employees hired by the COOPERATOR during the term of this Agreement.
The COOPERATOR shall include in any subcontracts for the performance of work or provision
of services pursuant to this Agreement the requirement that the subcontractor use the E -Verify
system to verify the employment eligibility of all new employees hired by the subcontractor
during the Agreement term.
The COOPERATOR further agrees to maintain records of its participation and compliance with
the provisions of the E -Verify program, including participation by its subcontractors as provided
above, and to make such records available to the COMMISSION or other authorized state entity
consistent with the terms of the COOPERATOR'S enrollment in the program. This includes
maintaining a copy of proof of the COOPERATOR'S and subcontractors' enrollment in the E -
Verify Program (which can be accessed from the "Edit Company Profile" link on the left
navigation menu of the E -Verify employer's homepage).
Compliance with the terms of the Employment Eligibility Verification provision is made an
express condition of this Agreement and the COMMISSION may treat a failure to comply as a
material breach of the Agreement.
16. ENTIRE AGREEMENT; AMENDMENT. This Agreement with all incorporated
attachments and exhibits represents the entire agreement of the parties. This Agreement may be
amended by mutual written agreement of the parties.
1N WITNESS WHEREOF, the parties hereto have caused this Memorandum of
Agreement to be executed through their duly authorized signatories on the day and year last
below written.
INDIAN RIVER COUNTY, FLORIDA FLORIDA FISH AND WILDLIFE
BOARD OF COUNTY ! •JjERS CONSERVATION COMMISSION
TURESIGNATURE
Name:
ftfa;.' off.
Susan Adams ER COU���' r Name:
Title: CHAIRMAN
Date: November 19, 2019
BCC APPROVED: November 19, 2019
Title:
Date:
Attest Jeffrey R. Smith, Cleric of
Circuit Court and Comptroller
Attest: Jeffrey R. Smith, Clerk of Circuit Court
And Comptroller
BY:
Appr
Jason E
, County Administrator
APPROVED as to form and legal sufficiency
Reingold, County Attorney
Attachments:
Attachment A:
Attachment B:
FWC Agreement No.
•
OF�lOA
\,'FR COUNTY
CERTIFY THAT THIS IS
,r CORRECT COPY OF
NAL ON FILE IN THIS
F 'flEY R, &MITH LERK
V D.0
APPROVED as to form and legality
by FWC Attorney:
SIGNATURE
Boat Ramp Reference- Tables identifying ramp number, name, location,
structures, parking and ancillary facilities.
Site Dedication Form
Page 8 of 8
Attachment A
Attachment A
FWC Agreement #:
Table A: PROJECTS
FWC Ramp
Number
Ramp Name
GPS Location
Exhibit: Site Control/Legal
Description (Deed, Easement,
Property Appraisal Document )
114
Blue Cypress Lake Boat Ramp
27.726413,80.776303
32360000000000000000
NA
Oslo Boat Ramp
27.586484
80.365182
County ROW 200 9th St SE, Vero
Beach, FL 32962
NA
Wabasso Causeway Boat Ramp
27.756516
27.561057
27.810109
80.422486
31392700000300000000
NA
Round Island Boat Ramp
80.328532
33403400001000000012 1
NA
Dale Wimbrow Park Boat Ramp
80.504685
30382200001001000000.0
NA
Donald McDonald Boat Ramp
27.819846
80.507778
30382200001001000000
Table B: PROJECT SITES
FWC Ramp
Number
Ramp Name
Waterbody
Structures Maintained
114
Blue Cypress Lake Boat Ramp
Blue Cypress Lake
2 Boat Ramps, 2 Floating Docks
NA
Oslo Boat Ramp
Indian River Lagoon
Boat Ramp
NA
Wabasso Causeway Boat Ramp
Indian River Lagoon
Boat Ramp
NA
Round Island Boat Ramp
Indian River Lagoon
Boat Ramp
NA
Dale Wimbrow Park Boat Ramp
Saint Sebastian River
Boat Ramp
NA
Donald McDonald Boat Ramp
Saint Sebastian River
Boat Ramp
Table C: PROJECT FACILITIES
FWC Ramp
Number
Ramp Name
List of Parking Spaces & Additional Ancillary Facilities
114
Blue Cypress Lake Boat Ramp
28 Parking Spaces
NA
Oslo Boat Ramp
9 Parking Spaces
NA
Wabasso Causeway Boat Ramp
23 Parking Spaces
NA
Round Island Boat Ramp
24 Parking Spaces
NA
Dale Wimbrow Park Boat Ramp
17 Parking Spaces
NA
Donald McDonald Boat Ramp
9 Parking Spaces
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
ATTACHMENT B
TATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS ISA TRUE AND CORRECT
COPY OF THE ORIGINAL ON FILE IN THIS OFFICE.
JEFFREY R. SMITH, C
SITE DEDICATION
This Site Dedication gives notice that the Real Property identified as described in Attachmer.t A:
Table A: Exhibit(s), Legal Description, attached hereto, (the "PROJECTS") has been developed
with financial assistance provided by Sport Fish Restoration Funds, through the Fish and
Wildlife Conservation Commission, under the grant program called the Sport Fish Restoration
Program. In accordance with 50 CFR 80, the PROJECTS is hereby dedicated to the public as a
boating access facility for the use and benefit of the general public for a minimum period of
twenty (20) years from the date of this dedication.
nal signature
Susan Adams
Printed Name
Chairman
Title
Richard Bruce
Printed Name
Witness
January 21, 2020 Kimberly K. Moirano
Date
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Printed Name
The foregoing instrument was acknowledged before me this 21 day of January , 2020
by Susan Adams
who is personally known tome r who
produced as identification.
Stamp:
Attest: Jeffrey R. Smith, Clerk of
Circuit Court and Comptroller
894-4.1 De lark
KA,„, g. I -10vL-ocnU
Notary Public, Stat of Florida
KIMBERLY K RANO
MY COMMISSION ## GG 321698
'',,O `lt, 3
Bonded Notary Pubic UndeiwIte s
D.0