Item H09
Add-On
BOARD OF COIJNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 21 June 2006
Bulk Item: Y es ~ No
Division:
Growih Management
Department: Marine Resources
Staff Contact Person: George Garrett
AGENDA ITEM WORDING: Approval of an Inter-local Agreement (ILA) with the South Florida
Regional Planning Council (SFRPC) and Florida Atlantic University to complete a working waterfront
preservation master plan and a marina siting plan.
ITEM BACKGROUND: SFRPC and F AU completed a Marine Management Plan for the County in
December of 2005. The Plan was accepted and approved by the Board in March of 2006 with the
direction that staff completes necessary efforts to draft ordinances and additional planning documents
to protect the County's waterfront properties. Growth Management staff has negotiated a new contract
with the South Florida Regional Planning Council to produce a Working Waterfronts Preservation Plan
and a Marina Siting Plan. The effort will provide necessary specific comprehensive plan and Land
Development Regulation changes to meet Monroe County comprehensive plan requirements and new
obligations for protection working waterfronts adopted by the state during the 2005 legislative session
The ILA will cost $180,000 and be funded using Comprehensive Plan and Boating Improvement Fund
dollars.
PREVIOUS RELEVANT ROCC ACTION:
February 2005 - Approval of contract ~ith SFRPC
March 2006 - Approval of marina management plan
CONTRACT/AGREEMENT CHANGES:
New Contract
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
$180.000
BUDGETED: Yes ~ No
COST TO COUNTY:
$180.000
SOURCE OF FUNDS: Fund 148 & BIF
REVENUE PRODUCING: Yes _ No -X AMOUNT PER MONTH Year
flvJY
APPROVED BY: County Arty _V_ OMBfPurchasing ~v: Risk Management _v~
DIVISION DIRECTOR APPROV AL:
yy ~~roski, Director of Grovvth
DOCUMENTATION:
[nciuded
Not Required_
DISPOSITION:
AGENDA ITEM
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS,c:w:",=;^l::';~i~;:i:ii(f\~:I5\
\ l.<rJ:~j ~~,,/ ,'t:d 1 /,_c 1
Contract with:
South Florida R.P.C.
Contract #
Effective Date:
Expiration Date:
CONTRACT SUMMARY
July 1, 2006
March 31, 2007
Contract Purpose/Description:
Monroe County Growth Management Division is hiring the South Florida Regional
Planning Council to continue work in an effort to create a working waterfront
reservation master Ian and a marina siting Ian.
Contract Manager: George Garrett
(N ame)
2517
(Ext.)
Marine Resources/11
(Department/Stop #)
for BOCC meeting on
6/21/06
Agenda Deadline: 6/06/06
CONTRACT COSTS
Total Dollar Value of Contract: $ 180,000
Budgeted? Yes[Sj No D Account Codes:
Grant: $ 0
County Match: $ 180,000
Current Year Portion: $ 180,000
~-51000-_-_-_
-
-....~-~~
- ~ -
--~-------
- ~
~--~-
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For: planning services
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
Date In Needed
Yesm NoKl
YesD~
es~NoD
Date Out
Reviewer
Risk Manaa~ment.
;: >\ (l,1s'f
l3:; . \!; \J ~
O.M.B./Purchasing
OMB FornI Revised 2'27/0 I Mep #2
INTER-LOCAL AGREEMENT FOR SERVICES
THIS INTER-LOCAL AGREEMENT (ILA) is entered into by MONROE
COUNTY, a political subdivision of the State of Florida, whose address is the
Marathon Government Center, 2798 Overseas Highway, Marathon, Florida 33050,
hereafter the County, and South Florida Regional Planning Council, whose
address is 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021,
hereafter SFRPC.
Section 1. Scope and Term. The SFRPC and the County, for the
consideration named agree to perform their respective obligations as provided
in this ILA as well as in the detailed scope of services contained in
Attachment 1 - Detailed Scope of Services, which is attached hereto and
incorporated by reference. The term of the ILA is July 1, 2006, through March
31,2007..
Section 2. Reporting. In consideration of the services described above,
SFRPC agrees to provide quarterly reports of all of its activities documenting
survey data acquired, any analyses completed and general findings.
Section 3. Payment. The ILA amount is $180,000. Payment is contingent
upon annual appropriation by the Board of County Commissioners. The
County will process invoices from SFRPC pursuant to the Florida Prompt
Payment Act. The Draw Schedule is indicated in Attachment 1.
Section 4. ILA Termination. Either party may terminate this ILA
because of the failure of the other party to perform its obligations under the
ILA. If the County terminates this ILA because of the SFRPC's failure to
perform, then the County must pay the SFRPC the amount due for all work
satisfactorily completed as determined by the County up to the date of the
SFRPC's failure to perform but minus any damages the County suffered as a
result of the SFRPC's failure to perform. The damage amount must be reduced
by the amount saved by the County as a result of the ILA termination.
Section 5. Records. SFRPC shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in
accordance with generally accepted accounting principles consistently applied.
Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor
employed by the County or Clerk determines that monies paid to SFRPC
pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the SFRPC shall repay the monies together with interest calculated
pursuant to Sec. 55.03, FS, running from the date the monies were paid to
SFRPC. If the amount owed by the SFRPC to the County is not enough to
compensate the County, then the SFRPC is liable for any additional amount
necessary to adequately compensate the County up to the amount of the ILA
prIce.
Section 6. Employees Subject to County Ordinance Nos. 010 and 020-
1990. The SFRPC wan-ants that it has not employed, retained, or otherwise
had act on its behalf any former County officer or employee subject to the
prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 020-1990. For breach or
violation of this provision, the County, in its discretion, may terminate this ILA
without liability and may also, in its discretion, deduct from the ILA or
purchase price, or otherwise recover the full amount of any fee, commission,
percentage gift, or consideration paid to the former County officer or employee.
Section 7. Convicted Vendor. A person or affiliate who has been placed
on the convicted vendor list following a conviction for public entity crime may
not submit a bid on a ILA to provide any goods or services to a public entity,
may not submit a bid on a ILA with a public entity for the construction or
repair of a public building or public work, may not perform work as a SFRPC,
supplier, sub-supplier, or SFRPC under ILA with any public entity, and may
not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 of the Florida Statutes, for the Category two for a
period of 36 months from the date of being placed on the convicted vendor list.
Section 8. Insurance. Prior to execution of this agreement, the SFRPC
shall furnish the County Certificates of insurance indicating the following
coverages or in excess thereof:
· \V orkers Compensation in the amount of statutory limits as specified in
Florida Statutes 440.
. Employers Liability with:
$100,000 Bodily Injury by Accident;
$500,000 Bodily Injury by Disease, policy limits; and
$100,000 Bodily Injury by Disease, each employee.
· General Liability (Premises operations, blanket contractual, expanded
definition of property damage, products & completed operations,
personal injury) with:
$100,000 per Person;
$300,000 per occurrence; and
$50,000 property damage.
. Vehicle Liability with:
$50,000 per Person;
$100,000 per occurrence; and
$25,000 property damage or $100,000 combined single limit.
Section 9.
Communication Between Parties.
All communication
between the parties should be through the following individuals or their
designees:
Monroe County
George Garrett, Director
Depatiment of Marine Resources
2798 Overseas Highway,
Suite 420
Marathon, FL 33050
SFRPC
Carolyn Dekle, Executive Director
South Florida Regional Planning Council
3440 Hollywood Boulevard, Suite
Suite 140
Hollywood, FL 33021
Section 10.
Governing Law, Interpretation, Costs, and Fees. This
Agreement shall be governed by and construed in accordance with the laws of
the State of Florida applicable to ILAs made and to be perfonned entirely in the
State.
Section 11. Venue.
In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of this Agreement,
the County and S FRPC agree that venue will lie in the appropriate court or
before the appropriate administrative body in Monroe County, Florida.
Section 12. IVlediation. The County and SFRPC agree that, in the event of
conflicting interpretations of the terms or a term of this Agreement by or
between any of them the issue shall be submitted to mediation prior to the
institution of any other administrative or legal proceeding.
Section 13.
Severability. If any term, covenant, condition or provision of
this Agreement (or the application thereof to any circumstance or person) shall
be declared invalid or unenforceable to any extent by a court of competent
jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms, covenants, conditions and provisions of this Agreement
would prevent the accomplishment of the original intent of this Agreement.
The County and SFRPC agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of
the stricken provision.
Section 14. Attorney's Fees and Costs. The County and SFRPC agree
that in the event any cause of action or administrative proceeding is initiated or
defended by any party relative to the enforcement or interpretation of this
Agreement, the prevailing pmiy shall be entitled to reasonable attorney's fees,
court costs, investigative, and out-of-pocket expenses, as an award against the
non-prevailing party, and shall include attorney's fees, courts costs,
investigative, and out-of-pocket expenses in appellate proceedings. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in
accordance with the Florida Rules of Civil Procedure and usual and customarv
. -'
procedures required by the circuit court of Monroe County,
Section 15. Binding Effect. The terms, covenants, conditions, and
provisions of this Agreement shall bind and inure to the benefit of the County
and SFRPC and their respective legal representatives, successors, and assigns.
Section 16. Authority. Each party represents and warrants to the other that
the execution, delivery and performance of this Agreement have been duly
authorized by all necessary County and corporate action, as required by law.
Section 17. Claims for Federal or State Aid. The SFRPC and County
agree that each shall be, and is, empowered to apply for, seek, and obtain
federal and state funds to further the purpose of this Agreement; provided that
all applications, requests, grant proposals, and funding solicitations shall be
approved by each party prior to submission.
Section 18. Adjudication of Disputes or Disagreements. The County and
SFRPC agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the
parties. If no resolution can be agreed upon within 30 days after the first meet
and confer session, the issue or issues shall be discussed at a public meeting of
the Board of County Commissioners. If the issue or issues are still not resolved
to the satisfaction of the parties, then any party shall have the right to seek such
relief or remedy as may be provided by this Agreement or by Florida law.
Section 19. Cooperation. In the event any administrative or legal
proceeding is instituted against either party relating to the formation, execution,
performance, or breach of this Agreement, County and SFRPC agree to
participate, to the extent required by the other party, in all proceedings,
hearings, processes, meetings, and other activities related to the substance of
this Agreement or provision of the services under this Agreement. County and
SFRPC specifically agree that no party to this Agreement shall be required to
enter into any arbitration proceedings related to this Agreement.
Section 20. Nondiscrimination. County and SFRPC agree that there will
be no discrimination against any person, and it is expressly understood that
upon a determination by a court of competent jurisdiction that discrimination
has occurred, this Agreement automatically terminates without any further
action on the part of any party, effective the date of the court order. County or
SFRPC agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are
not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination on the basis of race, color or national origin; 2) Title
IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794),
which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination
on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616),
as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42
USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale,
rental or financing of housing; 9) The Americans with Disabilities Act of 1990
(42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code
prohibition against discrimination based on race, color, sex, religion, disability,
national origin, ancestry, sexual orientation, gender, identity or expression,
familial status or age; and II) Any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter
of, this Agreement.
Section 21. Covenant of No Interest. County and SFRPC covenant that
neither presently has any interest, and shall not acquire any interest, which
would conflict in any manner or degree with its perfonnance under this
Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
Section 22. Code of Ethics. County agrees that officers and employees of
the County recognize and will be required to comply with the standards of
conduct for public officers and employees as delineated in Section 112.313,
Florida Statutes, regarding, but not limited to, solicitation or acceptance of
gifts; doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and
disclosure or use of certain infonnation.
Section 23. No Solicitation/Payment. The County and SFRPC warrant
that, in respect to itself, it has neither employed nor retained any company or
person, other than a bona fide employee working solely for it, to solicit or
secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the SFRPC agrees
that the County shall have the right to terminate this Agreement without
liability and, at its discretion, to offset from monies owed, or otherwise recover,
the full amount of such fee, commission, percentage, gift, or consideration.
Section 24. Public Access. The County and SFRPC shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other
materials in its possession or under its control subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the County and SFRPC
in conjunction with this Agreement; and the County shall have the right to
unilaterally cancel this Agreement upon violation of this provision by SFRPC.
Section 25. Non-Waiver of Immunity. Notwithstanding the provisions of
Sec. 286.28, Florida Statutes, the participation of the County and the SFRPC in
this Agreement and the acquisition of any commercial liability insurance
coverage, self-insurance coverage, or local government liability insurance pool
coverage shall not be deemed a waiver of immunity to the extent of liability
coverage, nor shall any ILA entered into by the County be required to contain
any provision for waiver.
Section 26. Privileges and Immunities. All of the privileges and
immunities from liability, exemptions from laws, ordinances, and rules and
pensions and relief, disability, workers' compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public
agents or employees of the County, when performing their respective functions
under this Agreement within the territorial limits of the County shall apply to
the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of
the County.
Section 27. Legal Obligations and Responsibilities. Non-Delegation of
Constitutional or Statutory Duties. This Agreement is not intended to, nor shall
it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and
timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility.
Further, this Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the
County, except to the extent permitted by the Florida constitution, state statute,
and case law.
Section 28. Non-Reliance by Non-Parties. No person or entity shall be
entitled to rely upon the terms, or any of them, of this Agreement to enforce or
attempt to enforce any third-party claim or entitlement to or benefit of any
service or program contemplated hereunder, and the County and the SFRPC
agree that neither the County nor the SFRPC or any agent, officer, or employee
of either shall have the authority to inform, counsel, or otherwise indicate that
any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or
superior to the community in general or for the purposes contemplated in this
Agreement.
Section 29. Attestations. SFRPC agrees to execute such documents as the
County may reasonably require, to include a Public Entity Crime Statement, an
Ethics Statement, and a Drug-Free \Vorkplace Statement.
Section 30. No Personal Liability. No covenant or agreement contained
herein shall be deemed to be a covenant or agreement of any member, onker,
agent or employee of Monroe County in his or her individual capacity, and no
member, officer, agent or employee of Monroe County shall be liable
personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
Section 31. Execution in Counterparts. This Agreement may be executed
in any number of counterparts, each of which shall be regarded as an original,
all of which taken together shall constitute one and the same instrument and
any of the parties hereto may execute this Agreement by singing any such
counterpart.
Section 32. Section Headings. Section headings have been inserted in this
Agreement as a matter of convenience of reference only, and it is agreed that
such section headings are not a part of this Agreement and will not be used in
the interpretation of any provision of this Agreement.
Section 33. Indemnify/Hold Harmless. To the extent permitted by law,
SFRPC agrees to indemnify and save County hannless from and against all
claims and actions and expenses incidental thereto, arising out of damages or
claims for damages resulting from the negligence of SFRPC, its agents, or
employees while SFRPC is cleaning the Airport facilities. However, SFRPC
shall not be liable for any claims, actions or expenses which arise from the
negligent or intentional acts or omissions of the County, its agents or
employees. The extent of liability is in no way limited to, reduced, or lessened
by the insurance requirements contained elsewhere within this agreement.
Section 34. The effective date of this [LA is July I, 2006 and ends March 31,
2007.
IN WITNESS WHEREOF each party hereto has caused this Agreement to be
executed byits duly authorized representative,
(SEAL)
Attest; DANNY L KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chainnan
(SEAL)
Attest:
South Florida Regional Planning Council
By
Title
By
Title
APPROVED AS TO FORM
ATTORNEY'S OFFICE
APPROVED AS TO FORM
MONROE COUNTY ATTORNEY
"PR~VED AS TO !pRM:
'/ /- h" / / t1
?<./, /" L 1/,
NAT!lEENE W CASSEL '"
ASSISTANT Y ATTORNEY
Date
ATTORNEY'S OFFICE (SFRPC)
Attachment 1
Working \Vaterfronts Preservation Master Plan
Marina Siting Plan
Year 2010 Comprehensive Plan Amendments and Land Development Regulations
July l~ 2006-March 31. 2007
Monroe County wishes to move ahead with the development of a Marina Siting Plan and
implementation of strategies recommended in the recently developed Marine Management
Strategic Plan, Staff recognizes that these two objectives will have some overlapping elements,
such as data collected from the surveys that may be used towards the planning of strategies [and
ultimately the development of Land Development Regulations (LDRs)] that will be site specific.
Therefore, it will be necessary to conduct specific parts of the studies sequentially, while others
will be done concurrently.
Scope of Work:
Task 1 - Develop a \Vorking Waterfronts Preservation Master Plan - 9 months (joint
SFRPC/FAU)
1) Conduct two public workshops to solicit public input from residents, marine industry
business owners, and other stakeholders. The first of these meetings will be held at the
beginning of the study to help establish the objectives of the project; the other will be
held after preliminary findings become available, and will include on-site specific goals
and recommendations that are developed in the Siting Plan in Task 2.
2) Conduct a workshop with officials from local municipalities at the beginning of the
project to discuss the overall objectives of the project and to explore opportunities for
coordinated actions among all jurisdictions in support of those objectives.
3) Use the Marine Port Advisory Committee as a technical advisory group tor the project,
with a maximum of 3 meetings to solicit input from this group.
4) Develop a survey (based on past surveys) to gather additional information on each marine
facility identified in Appendix 3 of the Marine Management Strategic Plan. Surveys will
collect the best available data on:
a) number of wet and dry slips, with a breakout by boat size;
b) usage rates of wet and dty slips;
c) on-site amenities including the number of parking spaces;
d) surrounding uses and any known or potential compatibility problems;
e) availability tor public use:
f) number of boat ramps provided and the boat lanes f(Jr each ramp;
g) condition of facilities;
h) existing water quality trends;
i) availability of pump-out facilities; and
.I) liveaboards
5) Conduct surveys at all marine facilities and compile the data acquired. Perfonn necessary
analyses using the survey data to illustrate facilities distribution, boating service
infrastructure, potential f(J[ marina expansion according to siting criteria, etc. (Note: Two
budget options are provided, one based on the use of county staff and local residents to
complete the surveys, the other using interviewers recruited out-oY-county.)
6) Develop site-specific strategies based on general recommendations of the Marine
Management Strategic Plan, using the data and conclusions generated from the Marina
Siting Plan (see Task 2). The Master Plan has a broader focus and will include all
working waterfront facilities, including boat yards , fish houses, etc., while the Marina
Siting Plan will primarily cover marinas.
Task 2 - Develop a Marina Siting Plan as required in Objective 212.4 of the 2010
Comprehensive Plan - 9 months (joint SFRPC/FAU)
1) Coordinate with DCA in the development of the Marina Siting Plan to ensure the
appropriate direction of the project and ultimately approval by DCA.
2) Complete the Marina Siting Plan, following the Monroe County Comprehensive Plan
Policy 212.4.3 requirements. (F AU)
a) Develop and adopt marina siting criteria. In general, marinas will be located in areas
where maximum physical advantages exist and where no unreasonable or excessive
impacts are foreseen on marine resources. Marina construction will not involve
destruction of any significant marine wetlands or seagrass beds.
Specific criteria for marina siting will reflect consideration of the following: *
1. benthic vegetation and faunal assemblages;
11. adequacy of circulation and tidal flushing;
111. access to deep water through existing channels of adequate depth;
IV. minimal shoreline modification necessary;
v. quality and size of upland areas and degree of alteration necessary;
Vi. ability to restore and enhance marina resource values at sites subject to past
alteration;
V1l. location of propeller dredging problem areas; and
VilL impact of boats on crocodiles, manatees** and turtles.
*
See p. 14 of DCA's Best Management Practices Guide for comparison of siting
criteria that could also be factors to consider, such as Proximity to Inlets and Popular
(Boating) Destinations.
** Monroe County does havc documented watercraft-related manatee deaths, so FWC
does maintain review authority over docking facilities.
b) Prepare GIS maps of all existing recreational and commercial marinas surveyed.
c) Identify sites on GIS maps with the potential for marina siting or expansion.
d) Prepare GIS maps with siting suitability areas/zones indicated countywide, based on
criteria and analysis. Such areas would be designated, e.g. Preferred, Conditional,
Non-preferred, or Exclusionary, as a result of the site-suitability methodology and
outcomes.
e) Identify losses and tumovers of marine properties over the past 5 years to detennine
the impact of redevelopment, e.g. condo conversions or other non-water dependent
uses.
Task 3 - Develop Comprehensive Plan Amendments and Land Development Regulations -
6 months (F AU)
I) Reviewlidentify/compile eXlstmg Comprehensive Plan objectives, LDRs and other
policies that address preservation of recreational and commercial working waterfronts,
per Chapter 342.07, Florida Statutes.
2) Draft new Comprehensive Plan objectives and LDRs to implement the recommendations
identified in the Working Waterfronts Preservation Master Plan.
3) Draft new Comprehensive Plan objectives, as necessary, to comply with the 2005
legislation (Chapter 342.07, Florida Statutes) regarding Comprehensive Plan elements,
which address working waterfronts.
4) Draft an ordinance with proposed amendments to the Comprehensive Plan and LDRs.
5) Identify land use plan changes to prevent inappropriate development of the working
waterfront.
Payment Schedule
$180,000
Upon contract signature (July 1, 2006)
Upon completion and delivery of the tacilities inventory (October 31, 2006)
Upon completion of all final deliverables (March 31, 2007)
$50,000
$80,000
$50,000
...".0.....,.1. v-t--l
Victores-Carlos
From: Hutton-$uzanne
Sent: Wednesday, June 07,2006 8:14 AM
To: Victores-Carlos
subject:RE: S029G
Ch. 163, FS, Particularly Section 163.01 (4) & subsection (5).
From: VlCtores<artos
Sent: Wednesday, June 07, 2006 8:06 AM
To: Hutton~Suzanne
Subject:
I have been informed that it is not required for the county to go out for bid when entering into a
contract with another state agency or municipality. Is this true and if so where can I obtain written
documentation. I have searched the Florida Statutes website but I didn't find anything related.
Please help. Thanks.
Carlos Victores
Supervisor
Purchasing Dept
Phone: (305) 292-4466
Fax: (305) 292-4465
6/7/2006
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. The 2005 Florida Statutes
t;hi:lI2tfO'LJ(),J
INTERGOVERNMENTAL
PROGRAMS
HUg,XI
COUNTY ORGANIZATION AND
INTERGOVERNMENTAL RELATIONS
163.01 Florida Interlocal Cooperation Act of 1969.--
(1) This section shall be known and may be cited as the "Florida Interlocal Cooperat
1969. n
(2) It is the purpose of this section to permit local governmental units to make the
use of their powers by enabling them to cooperate with other localities on a basis 01
advantage and thereby to provide services and f adlities in a manner and pursuant tl
governmental organization that will accord best with geographic, economic, populal
factors influencing the needs and development of local communities.
(3) As used in this section:
(a) "Interlocal agreement" means an agreement entered into pursuant to this sectio
(b) "Public agency" means a political subdivision, agency, or officer of this state or I
the United States, including, but not limited to, state government, county, city, sch
single and multipurpose special district, single and multipurpose public authority, m
consolidated government, an independently elected county officer, any agency of tJ
States Government, a federally recognized Native American tribe, and any similar e
other state of the United States.
(c) "State" means a state of the United States.
(d) "Electric project" means:
1. Any plant, works, system, facilities, and real property and personal property of c
whatsoever, together with aU parts thereof and appurtenances thereto, which is loe
without the state and which is used or useful in the generation, production, transmi
purchase, sale, exchange, or interchange of electric capacity and energy, including
property for the acquisition, extraction, conversion, transportation, storage, reproc
disposal of fuel and other materials of any kind for any such purposes.
2. Any interest in, or right to, the use, services, output, or capacity of any such pta
system, or facilities.
3. Any study to determine the feasibility or costs of any of the foregoing, including,
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limited to, engineering, legal, finandal, and other services necessary or appropriatE
the legality and financial and engineering feasibility of any project referred to in su
or subparagraph 2.
(e) .Person" means:
1. Any natural person;
2. The United States; any state; any municipality, poUtical subdivision, or municipa
created by or pursuant to the laws of the United States or any state; or any board, (
other entity or body declared by or pursuant to the laws of the United States or any
department, agency, or instrumentality thereof;
3. Any corporation, not.for~profit corporation, firm, partnership, cooperative assoc
cooperative, or business trust of any nature whatsoever which is organized and exisl
laws of the United States or any state; or
4. Any foreign country; any political subdivision or governmental unit of a foreign c
corporation, not-for~profit corporation, firm, partnership, cooperative association, t
cooperative, or business trust of any nature whatsoever which is organized and exisl
laws of a foreign country or of a political subdivision or governmental unit thereof.
(f) "Electric utility" has the same meaning as in s.J.ilLl1(2).
(g) "Foreign public utility" means any person whose prfncipallocation or principal pi
is not located within this state; who owns, maintains, or operates facilities for the ~
transmission, or distribution of electrical energy; and who supplies electricity to ret
customers, or both, on a continuous, reliable, and dependable basis. "'Foreign publk
means any affiliate or subsidiary of such person, the business of which is limited to I
or transmission, or both, of electrical energy and activities reasonably incidental thl
(h) "Local government liability pool"' means a reciprocal insurer as defined in s. Q:f2c
self-insurance program created pursuant to s. Zl?~.4!H16), formed and controlled by
municipalities of this state to provide liability insurance coverage for counties, mun
other public agencies of this state, which pool may contract with other parties for t
rovidfng claims adminis zgrocessing!J':c~~t3ftdi~M:tminis~
(4) A public agency of this state may exercise jointly with any other public agency (
any other state. or of the United States Government any power, privilege, or author
agencies share in common and which each might exercise separately.
(5) A joint exercise of power pursuant to this section shall be made by contract in t
interlocal agreement, which may provide for:
a) The purpose of such interlocal agreement or the power to be exercised and the
which the purpose will be accomplished or the manner in which the power will be e
(b) The duration of the interlocal agreement and the method by which it may be re
terminated by any participating public agency prior to the stated date of terminatio
(c) The precise organization, composition, and nature of any separate legal or admi
entity created thereby with the powers designated thereto, if such entity may be le
(d) The manner in which the parties to an interlocal agreement will provide from tt
the financial support for the purpose set forth in the intertoca! agreement; payment
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