Item G1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 15, 2009 Division: Growth Management
Bulk Item: Yes x No _ Department: Land Steward
Staff Contact Person/Phone #: Beth Bergh (x 2511)
AGENDA ITEM WORDING:
Approval of a Restoration Agreement between Monroe County and the National Audubon Society, Inc.
for the restoration of a freshwater wetland on Big Pine Key.
ITEM BACKGROUND: The proposed agreement will allow the restoration of County -owned
conservation land at no cost to the County.
The proposed project is located on a 1.39 acre parcel, known as the Chetkin parcel (RE#00111880-
000300), near the west end of Big Pine Key. The natural elevation of approximately one acre of this
property is altered with fill. The County purchased the property using a grant from the Florida
Communities Trust. As a condition of the FCT grant the County is required to remove the fill and
restore the property to the historic freshwater wetland elevations on site. Freshwater wetlands are rare
natural communities in the Keys and provide critical habitat for many species of wildlife, including the
endangered Key deer. National Audubon Society, Inc. is offering to perform this restoration work for
the County at no charge and will be responsible for all aspects of the project, including permits and
contractor oversight. The Keys Environmental Restoration Fund operated by the National Audubon
Society Inc. has been performing restoration work in Monroe County for over 25 years and has
successfully completed over 50 projects.
PREVIOUS RELEVANT BOCC ACTION:
NA
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS: Approval
TOTAL COST: 0 INDIRECT COST:
BUDGETED: Yes No
COST TO COUNTY: 0 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes — No X AMOUNT PER MONTH Year
APPROVED BY: County AttyQ4
DOCUMENTATION: Included
DISPOSITION:
OMB/Purchasing
Not Required
Risk Management
AGENDA ITEM #
Revised 1/09
RESTORATION AGREEMENT
This Agreement is entered into this day of , 2009 between the National Audubon
Society, Inc., a New York corporation, through its Keys Environmental Restoration Fund
program operating in Monroe County, Florida ("Audubon"), and Monroe County, a political
subdivision of the state of Florida ("County").
Whereas, Audubon has funds to restore a small freshwater wetland on property owned by Monroe
County known as the Chetkin parcel as more particularly described herein; and
Whereas, the County desires that fill placed on such Chetkin parcel be removed by Audubon;
Now, therefore, the parties agree as follows:
WITNESSETH:
1. PERMISSION TO ENTER PROPERTY. County hereby grants Audubon the non-
exclusive permission to enter the Chetkin parcel (RE#001 11880.000300, lots 10,11,16 and 17 of
the Cahill Tract) on Big Pine Key (the "Property"), for the sole purpose of removing fill from
approximately 1/3 of an acre of historic freshwater wetland (the "Project"), from the date of this
Agreement through December 31, 2009.
2. DUTIES OF AUDUBON. The Project shaII be conducted in accordance with Exhibit A
"Scope of Work", attached hereto and incorporated herein. Audubon may bring all customary and
necessary personnel and equipment, including vehicles, contractors and agents, onto the Property
as may be necessary in connection with the Project. Audubon will leave the County Property in as
good order and condition as it is on the day the Project begins, ordinary wear and tear and
damage from the elements excepted. Audubon must enter the Property via Henry Lane off of
Ship's Way. During the period of time the Project is ongoing, any vehicles or equipment
remaining on site outside of working hours will be parked completely on the Property and will
not in any way obstruct Henry Lane. In consideration of nearby residential areas, no heavy
equipment operation will be permitted prior to 8 A.M, after 5 P.M., or on weekends or holidays.
3. PAYMENT. Audubon is solely responsible for all costs incurred in carrying out the
project. County is paying nothing for this restoration to Audubon, and is in no way responsible
for any costs incurred. Audubon is solely responsible for payment to and for all contractors and
subcontractors. There are no third party beneficiaries to this Agreement, and no contractor, sub-
contractor or any other person or entity shall look to County for payment.
4. INDEMNIFICATION AND INSURANCE. Each party, as to its own negligent act acts or
omissions or those of its subcontractors or agents, hereby indemnifies, defends and holds
harmless the other party and each of its directors, officers, employees and affiliates against any
losses, claims, damages, liabilities, costs and expenses (including reasonable attorney's fees and
costs) arising from any injury or damage while on the Property in connection with this
Agreement; however, County's indemnification is strictly Iimited to the extent allowed by law,
including Section 768.28 of the Florida Statutes. While this Agreement is in effect, Audubon
shall maintain a Comprehensive General Liability Insurance policy with a limit of One Million
Dollars ($1,000,000.00) per occurrence, and shall name County as an additional insured on this
policy. 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.
5. COMPLIANCE WITH LAWS. Audubon will comply with all laws, ordinances, and
governmental rules and regulations which apply its activities on the Property. Audubon will
obtain all necessary permits and / or authorizations as may be required by the regulatory agencies.
6. JURISDICTION AND VENUE This Agreement shall be governed by and construed in
accordance with the Laws of the State of Florida applicable to contracts made and to be
performed entirely in the State. In the event that any cause of action or administrative proceeding
is instituted for the enforcement or interpretation of this Agreement, the Parties agree that venue
will lie in the appropriate court or before the appropriate administrative body in Monroe County,
Florida. Venue for any suits or actions of any kind and any mediation shall be in and governed by
the rules of the I6`h District Court in Monroe County, Florida. This Agreement shall not be
subject to arbitration.
7. NONDISCRIMINATION. The Parties 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. The Parties agree
to comply with all Federal and Florida statutes, and all Iocal ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: (I) Title VI of the Civil Rights Act of
1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin;
(2) Section 504 of the Rehabilitation Act of 1973, as amended (20 U.S.C. s. 794), which prohibits
discrimination on the basis of handicap; (3) The Age Discrimination Act of 1975, as amended (42
U.S.C. ss. 6101-6107), which prohibits discrimination on the basis of age; (4) The Drug Abuse
Office And Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on
the basis of drug abuse; (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public Health Service Act
of 1912, ss. 523 and 527, (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; (7) The Americans With Disabilities
Act of 1990 (42 U.S.C. s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; (8) The Florida Civil Rights Act of 1992, (Chapter
760, Florida Statutes, and Section 509.092, Florida Statutes), as may be amended from time to
time, relating to nondiscrimination; and (9) any other nondiscrimination provisions in any federal
or state statutes or local ordinances which may apply to the parties to, or the subject matter of,
this Agreement.
8. 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, the parties agree to participate, to the extent reasonably 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. The Parties specifically agree that
no party to this Agreement shall be required to enter into any arbitration proceedings related to
this Agreement or any Attachment or Addendum to this Agreement.
9. COVENANT OF NO INTEREST. The Parties covenant that neither presently has any
interest, and shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and receive
benefits as recited in this Agreement.
10. NO SOLICITATION/PAYMENT. The Parties 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 this
provision, the each party agrees that the other party 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.
11. PUBLIC ACCESS TO RECORDS. The Parties shall allow and permit members of the
public reasonable access to, and inspection of, all documents, papers, letters, or other materials
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the parties in
conjunction with this Agreement.
12. TERMINATION.
(a) County may terminate this Agreement for cause in the event Audubon
abandons the Project or Audubon fails to develop, manage and
maintain it according to the terms of this Agreement; provided County
shall give Audubon prior written notice specifying Audubon's failure.
If within thirty (30) days after receipt of such notice, Audubon shall
not have corrected such failure (or if the failure cannot reasonably be
corrected within 30 days, then Audubon's failure to diligently
prosecute such correction), County may, at its option, give Audubon
written notice of Audubon's default and terminate this Agreement on
the date specified in such default notice.
(b) Either party may terminate this Agreement without cause by
providing thirty (30) days written notice thereof to the other party. In
the event of such a termination requested by County, Audubon shall
cancel as many outstanding obligations as possible, but Audubon shall
be entitled to payment for all non -cancelable costs incurred through
the date of termination.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
In Witness Whereof, the parties have entered into this Agreement on the day and year first above
written.
NATIONAL AUpUBON SOCIETY, INC.
(1) Ln
Witness Bob Perciasepe, Chief Operating Officer
Print Name: M ipt-2 1 ¢} P]+ie W �2rzc— r3
Witness
Print Name: 12 I Ly N 4�q 12 n—
(SEAL)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
M
ATTEST: Mayor George Neugent
DANNY L. KOLHAGE, CLERK
Deputy Cleric
MONROE COUNTY ATTORNEY
)KRROVED AS FORM
EXHIBIT A
SCOPE OF WORK
CHETKIN PARCEL
FRESHWATER WETLAND RESTORATION PROJECT
General Project Description
The project consists of vegetation and fill removal from approximately one acre of a
1.39 acre parcel, known as the Chetkin parcel (RE#00111880-000300), located on the
west end of Big Pine Key (see attached location map Photo 1). The purpose of the
project is to restore the historic freshwater wetland elevations on site. Freshwater
wetlands are rare natural communities in the Keys and, therefore, provide critical habitat
for many species of wildlife, including the endangered Key deer.
The south-east corner of the property (closest to Highway US1 ) is already in a natural
state and is not to be disturbed. Additionally, a buffer strip of 20' in width along the
northern border of the property (adjacent to Henry Lane) is to be left undisturbed except
for limited clearing of invasive exotic vegetation and as required for vehicular access to
the site. The remainder of the property is to be cleared of all vegetation and scraped
down to historic elevations (caprock) according to the boundaries shown in Photo 2.
Depth of fill across the property is unknown, but is expected to average 2 feet in depth.
Some limerock fill is known to be on site, but material to be excavated also includes
mulch which was spread across much of the property approximately 12 years ago.
General Scope of Work
• Keys Environmental Restoration Fund (KERF) will select, hire, oversee, and pay
the contractor.
• KERF will have the site surveyed prior to restoration and boundary flags will be
placed. In addition, areas to be left undisturbed will be delineated by KERF prior
to start of work.
• KERF is responsible for obtaining all necessary permits for the project.
• Access to the site will be from Henry Lane off of Ship's Way. There is no access
from Highway US 1 (Overseas Highway).
• The site is located adjacent to a residential area. No chipper or heavy equipment
operation may take place prior to 8:00 AM or after 5 PM, or on weekends or
holidays.
• Henry Lane is narrow and provides access to a residential area. Equipment or
vehicles must not block ingress and egress to Henry Lane. Equipment left
overnight must remain on the site and not be parked on Henry Lane.
• An on site pre -construction conference with KERF and Monroe County staff is
required.
Exhibit A March 2009
Chetkin Freshwater Wetland Restoration Agreement
• Contractor will remove all vegetation from work area (all trees are less than 4"
DBH). All woody vegetation is to be mulched and spread on the buffer strip
adjacent to Henry Lane.
• Contractor will excavate fill and old mulch under supervision of the staff from the
KERF or the Monroe County Land Steward (County). Excavation will be to
caprock depth only.
• At boundaries with adjacent properties (to the east, west, and north), excavation
area should be graded and sloped to meet the adjacent grade.
• All excavated fill material and any excavated debris will be treated as follows:
Option 1. Ali material must be removed from the site by the contractor. Fill may
be temporarily stored on site to allow for drainage prior to transport. It is the
responsibility of the contractor to properly store or to dispose of the fill and debris
at a permitted upland storage or disposal site after its removal from the site.
Option 2. If the County chooses to keep the excavated limerock fill material for
its own purposes, then the excavated fill material must be piled on site by the
contractor and removed from the site by the County. The County is responsible
for the transport and disposal 1 storage of the excavated fill material. The
contractor is responsible for the removal and disposal of any other debris
excavated from the site, including vegetative debris.
• A final on -site inspection with KERF and the County will be required.
• All equipment must be removed from the site within 5 working days of final
inspection and approval.
• Contractor must be properly licensed in Monroe County and Contractor shall
provide proof of insurance for the following coverages and shall name National
Audubon Society, Inc./Keys Environmental Restoration Fund and Monroe County
Board of County Commissioners as additional insured:
1. Workers Compensation and Employers Liability Insurance, including
occupational disease, disability benefit, and other similar insurance required by
applicable law and Florida Statutes, with a minimum limit of $100,000 per accident, per
employee.
2. Comprehensive General Liability Insurance with a combined single limit of
$1,000,000 per occurrence, and $2,000,000 general aggregate for bodily injury,
including death, product liability and property damage;
3. Comprehensive Automobile Liability Insurance (owned, non -owned, and
Hired) with a combined single limit of $1,000,000 for bodily injury, including death, and
property damage.
KERF and Contractor shall execute Drug Free Workplace certifications attached.
Substantial modifications to this scope of work shall be made by mutual
agreement between KERF and the Monroe County Land Steward.
Exhibit A March 2009
Chetkin Freshwater Wetland Restoration Agreement
Photo I. General Location Map of Chetkin Parcel, Big Pine Key
Photo 2. Chetkin Parcel, Big Pine Key
Exhibit A
Chetkin Freshwater Wetland Restoration Agreement
March 2009
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a
drug free workplace, any available &ug counseling, rehabilitation, and employee assistance programs,
and the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contenderre to, any
violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any
state, for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community, or any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm compli fully with the above requirements.
(Signature)
Date: / Z f)
STATE OF: ZZrw /,g e &
COUNTY OF: / 10 L Oos
Subscribed and sworn to (or affirmed) before me on WQ2 PSI,( y -2, d oD ..(
A tr'b va vrj s x. t p y, /,-C .
(date) byjo-j. �jA'S GVG', Coo 4 /471*nML/ (name of affiant). He/Sloe is personally known to me .
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My Commission Expires:
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