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HomeMy WebLinkAbout2000-130410 i w w 6(n_13e) Memorandum of Understanding No. 144840181-00-K-007 between Pelican Island National Wildlife Refuge and Indian River County Board of County Commissioners THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into this 2nd day of May , 2000, by and between the U.S. Fish and. Wildlife Service acting by and through the Regional Director, herein after referred to as the "Service"; and Indian River County, acting by and through their Board of County Commissioners, herein after referred to as the "County." 1. Background. and Need: Under the Department of Interior, the Fish and Wildlife Service administers Pelican Island National Wildlife Refuge. The purpose of the Refuge is "provide a preserve and breeding grounds for native birds." The Service, acting pursuant to the Fish and Wildlife Act of t 956 (16 U.S. C. 661), is authorized to enter into this Memorandum of Understanding (MOU) with other local governments. Indian River County, acting pursuant to S. 125.01 (1) (p), Fla. Stat., is authorized to enter into agreements with other government agencies. Through the development of this MOU, the parties agree to work together in the development of certain public use facilities located on lands owned and/or managed by the Service at Pelican Island National Wildlife Refuge (Refuge). These facilities will enhance and improve recreational opportunities for County residents and Refuge visitors. The improvements are located adjacent to Jungle Trail, a State Historic Highway, and will enhance and complement facilities and improvements proposed by the County. The facilities to be developed under this Agreement may include but are not limited to walking trails, boardwalks, viewing towers, parking areas, restrooms, access roads, signs, informational kiosk, and other wildlife observation areas. The County is developing similar facilities at other locations along Jungle "frail and through this agreement the County can assure architectural design continuity between the facilities. The facilities covered under this agreement will provide information on Pelican Island National Wildlife Refuge, Paul Kroegel, and the historic significance of Jungle "frail, Page 1 of 7 110 Lj The signatories of this MOU have a mutual interest in the development and maintenance of these facilities. Each party to this agreement shall individually and collectively work toward the completion and support of the project to the maximum extent practicable under the limits of its missions, legal authority, and fiscal limitations. H. Purpose; Pelican Island holds historic significance as the nation's first National Wildlife Refuge. Yet, because of its location, 1,204 feet from the cast shore of Orchid Island and one and one half miles from the City of Sebastian, few people get an opportunity to see it. Over the past few years, the Service and County have worked together to acquire lands to protect the Refuge and provide a way for the public to see and learn more about Pelican Island. Over the past several years, Indian River County has been successful in designating Jungle Trail as a "scenic highway" and obtained money through the Intermodal Surface Transportation Efficiency Act (ISTEA) to make public improvements along Jungle Trail. Recreational facilities along Jungle Trail would enhance the visitor's experience and a portion of the ISTIA money has been designated for the development of several facilities on the Refuge. in 1998, a 20 -year easement was given to Indian River County to satisfy the Department of Transportation requirements for the development of facilities on Refuge lands. Indian River County's Engineering Office and their contracted consultants arc designing all facilities and improvements along Jungle Trail, and it would be beneficial to the County to use this same design for facilities on the Refuge. The County will develop engineering designs and drawings, and the Service has agreed to reimburse the County for design and enginceri rig work up to $50,000 for these engineering services. The signatories of this MOU have agreed it is in their mutual interests to work together in the development of a common architectural design for all facilities within the Jungle Trail corridor. Each party to this agreement shall work toward fulfilling its responsibilities to the maximum extent practicable governed by their county and agency policies, missions, and other operating instruments: III. Scope of Work: For the period set forth in this agicement, the County and the Service will provide the necessary personnel, materials, services, funds, and otherwise perform all things necessary for the perfornrance of this cooperative agreement. A. Both parties will: 1. Cooperate in the development of plans and facilities located on Refuge lands adjacent to north Jungle Trail. Page 2 of 7 i 40 i Page 3 of 7 Cooperate in developing a design style that would give a common look to the facilities planned along Jungle Trail. 3. Provide technical support, equipment, personnel, facilities, training, and other necessary support to the extent funds and personnel permit, for the benefit of the project 4. Continue to seek funding for all phases of the project. B. The Service agrees to: 1. Reimburse the County up to $50,000 via Cooperative Agreement No. 1448-40181-00-J- 003 for performing the design and engineering work, including surveys, soil tests and other related work for the project. 2. 'Provide timely technical, design, and engineering review through the Fish and Wildlife Service Regional Office to review plans, drawings, and specifications as necessary to support the project. Provide historic, archaeological and other currently available site information including maps, drawings, surveys, and publications that would assist in the design phase of the project. �l. Construct certain facilities specifically: kiosks, trails, boardwalks, signs, and an observation tower and other facilities as per County drawings, as funds permit after the design phase is complete, 5. Provide educational and interpretive material, signs, brochures and other visitor materials. 6. Maintain the trails, boardwalks, kiosk, and lower after construction. 7. Serve as the lead on-site law enforcement agency to protect the site and the facilities. 8. Pay water and sewer fees. C. The County agrees to: i 1. Write, design, bid, and administer the engineering contract for the construction of roads, trails, boardwalks, parking lots, restrooms, kiosk, observation towers, and other buildings and facilities within 18 months of the execution of this agreement. 2. Design the facilities and improvements on Pelican island National Wildlife Rerugc lands in accordance with all applicable F,,:deral, state and local codes and regulations (latest edition in effect at time of execution of this MOLL] with the following, establishing the minimum requirements: a. Standard Building Code b. NEPA 101 Life Safety Code �i c. National Electrical Code d. Standard Phimbing Code e. Standard Mechanical Code f. Standard Gas Code g. ASHRAE Handbook of Fundamentals h. ASHRAE 90A-1980 E_rtergy Conservation in New Building Design Page 3 of 7 r Inc i. ASFH AE 62-1989 V n it tion for Acce to le Indoor Air Qualify j. Performance Standa[ds for New Federal B,pildinas 10CFR 435 (Appendix 13) k. OSHA regulations 1. Consumer Product Safety Commission 16 CFR 1201 5afe!y Standards for Architectural Glazing Materials m. Clean Water Act n. Safe Drinking Water Act o. NPDES Permits and other state and local environinental and sanitarylltealth requirements as applicable p. Architectural Barriers Act q. Americans with Disabilities Act (AIDA) Accessibility Guidelines r. American Association of State Highway Transportation Officials (AASH TO) policies and guidelines for the design of highways, streets, pavements and roadside safety.. 3. Construct the restrooms, roads, and parking areas as per regulations found under the Davis. Bacon Act and other Federal construction regulations.. 4. Maintain the restrooms, roads, and parking areas after the construction phase is complete. 5. Provide water and sewer to the site (either by well or County water and septic tank or county sewer, as deemed the most economical and practical). 6. Provide backup law enforcement to protect the site and the facilities by requesting services from the Indian River County Sheriff Department. 7. Provide structural fire protection to the site. IV. Financial Information - 'rhe nformation: `rhe Service will provide up to $54,000 via a separate Cooperative Agreement (No. 1448-40181- 00-]-003) toward the cost of developing plans, engineering drawings, and architectural designs for certain public use facilities on Refuge lands along Jungle TraiL Upon accepting the terms and conditions of the cooperative agreement, the County may submit a request for reimbursement/advance vita Standard Form 270 to the Service up to $50,000 for services rendered. The cooperative agreement ntkmber (144$-40181-00-J-003) should be clearly identified on the SF 270. The SF 270 shall be submitted to the Merritt Island National Wildlife Refuge for approval. Upon approval, the Refuge Manager will forward the SF 270 to the Service Administrative Officer for processing. The County should allow for a minimum of 45 days from submission of the SF 270 to receipt of payment. V. Special Provisions: A. The scope of work and terms of this ageement may be modified at any time by mutual consent of the signatory parties. B. The parties to this agreement agree to be responsible for damages to their own property Page 4 of 7 and injuries to their own employees except for damages/injuries resulting from the fault or negligence of the other party. Any claims for damages to property or persons made against the Service will be pursued in accordance with the provisions of the Federal Tort Claims Act. Any claims for damages to property or persons made against the County will be pursued in accordance with S. 768,28, Fla. Stat. C. The County shall give the Service, the Comptroller General, or any other auditor selected by the Service, through any authorized representative, access to and the right to examine all books, papers, or documents related to the agreement. D, The County shall comply with all Federal statutes relating to nondiscrimination. VI. Project Officers: A. For the Service: Ron blight, Project Leader Merritt Island National Wildlife Refuge P.O. Box 6504 Titusville, FL. 32782 (407)861-0667 B. For the County Christopher J. Kafer, Jr. P.E County Engineer Indian River County 1840 25th Street Vero Beach, FL 32960 Vii. Right -of Ways: The Service agrees to allow the construction of improvements on property it owns in Pelican Island National Wildlife Refuge. The Service agrees to allow these improvements to remain on its land as outlined in the Intergovernmental Management Agreement, between the Service and State of Florida dated July 22, 1997. VIII. Period of Performance: The period of performance of this MCU is from the effective date of execution by both parties for a period of twenty years. At the end of twenty years the terms of the casement expire. At that time both parties may agree to renew, revise, or terminate the agreement. It is anticipated that this MOLT may be revised in conjunction with new developments before the end of the Page 5 of 7 4 performance period. IX. Changes: Both parties to the Agreement must mutually agree upon any Changes to this agreement. An addendum, signed by both parties, will be attached to the original MOU denoting any and all changes. X. 'termination This agreement may be terminated by either party upon three months written notice to the other party. Upon termination ail rights granted hereunder shall be considered fully terminated and the terminating party shall cease to be held liable. XI. Partners independent Authority Nothing in this MOU diminished the independent authority of either agency or party to administer its statutory obligations. Nothing herein is intended to conflict with current agency directives. If the terms of this MOU are inconsistent with existing directives of either party entering into this agreement or of Cooperative Agreement No. 1448-441$1-00-J-003, then those portions of the MOU which are determined to be inconsistent shall be invalid; but all remaining terms shall remain in full force and effect. XII. Signatures The undersigned hereby execute this MOU and assure that the authorities to execute this agreement have been appropriately granted. Page 6 of 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION By:a.,, r9,3,,,-0 FRAM R. A)AMS, CMIRM BOARD OF CC]UM COMMISSIONERS Attest: BCC Approved: May 2, 2000 By:JdtA-f.0 Title: Deputy Clerk Attest: By: Title: P By: UNITED STATES FISH AND WILDLIFE SERVICE Regional Director