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Resolution 367-1986 RESOLUTION NO. 367 - 1986 A RESOLUTION AUTHORIZING THE MAYOR OF MONROE COUNTY TO EXECUTE ON BEHALF OF MONROE COUNTY AN AGREEMENT WITH THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL TO PERFORM CERTAIN TASKS IN RELATION TO IMPLEMENTATION OF THE NEW COUNTY LAND USE PLAN WHEREAS, the Department of Community Affairs, State of Flor- ida, has funding available in order to aid Monroe County in im- plementing its new Comprehensive Land Use Plan; and WHEREAS, it is desired to take advantage of such funding; and WHEREAS, Monroe County desires to subcontract with the South Florida Regional Planning Council for certain planning studies; and WHEREAS, the Monroe County Commission agrees to waive the requirement of soliciting for sealed bids to perform these ser- vices. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: The Mayor is authorized to sign and execute, on behalf of Monroe County, Florida, an agreement with the Department of Com- muni ty Affairs, State of Florida, whereby Monroe County shall perform certain tasks necessary to implement its new Comprehen- sive Land Use Plan and development regulations and the County shall fund those tasks in the amount of $139,000. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board on the /t.i:A day of ])t!;!..Lelrfb~'" , A.D., 1986. DANNY L. KOLHAGE, Clerk F-~,,c~I$SIONER OE COUN-.~{ .€,bOR .~ 1/ · APPROVED AS 70 rO';'t AND LEGA: ~ /7 '7 / /,/' 8~~//~-:7~'i;Y(----- MEMORANDUM OF AGREEMENT FOR TECHNICAL ASSISTANCE This agreement is being entered into by and between the South Florida Regional Planning Council (SFRPC) and Monroe Coun- ty (County) to provide technical assistance in completing a part of the comprehensive land use plan revi sions authorized by the County and the Florida Department of Community Affairs (DCA). WHEREAS, the County has received certain funds from the 1986 Session of the Legislature through DCA to refine its compre- hensive plan. WHEREAS, The County seeks technical assistance in complet- ing several tasks identified in its Memorandum of Agreement exe- cuted with DCA on November 8, 1986. WHEREAS, the SFRPC hereby agrees to provide the technical assistance necessary to complete the tasks herein described. NOW, THEREFORE, THE COUNTY AND,THE SFRPC DO MUTUALLY AGREE AS FOLLOWS: I. Covenant for Service The County does hereby retain the SFRPC to perform the ser- vices described herein and the SFRPC does hereby agree to per- form such services under the terms and conditions set forth in this agreement. II. Availability of Funds All payments due SFRPC are to be paid out of state funds. Monroe County shall not be liable for any payment until the release of the authorized appropriations from the Area of Criti- cal State Concern Trust Fund. III. Definition, Scope and Quality of Service (A) Intent of the Agreement The SFRPC agrees, under the terms and conditions of this agreement and the applicable state and local laws and regu- lations, to undertake, perform, and complete the six tasks list- ed below which will help ensure successful implementation of the Monroe County Comprehensive Land Use Plan and Land Development Regulations. (B) Scope of Services and Schedule of Deliverables The SFRPC agrees to complete the six tasks listed be- low at a total cost of $139,000: ( 1) Reassess and refine using field collected data from each habi tat type the Habitat Evaluation Index (HEI) found in Volume 1 and Volume 2 of the Monroe County Comprehensive Land Use Plan and prepare in report format a submittal to the County Commission for adoption consideration no later than the first six-month update of the Monroe County Com- prehensive Land Use Plan and Land Development Regulations; (2) Review the environmental performance standards established in Volume 3 of the Monroe County Comprehensive Land Use Plan's Land Development Regulations to establish appropri- ate mitigation alternatives for adoption consideration by the County Commission during the second six-month update of the Monroe County Comprehensive Land Use Plan; (3) Develop, in conjunction with the South Florida Water Man- agement District, Department of Environmental Regulation and the County, a stormwater runoff ordinance for adoption consideration by the County Commission during the first six-month update of the Monroe County Comprehensive Land Use Plan; (4) Prepare a survey of archaeological, historical and cultur- al sites for adoption consideration by the County as land- mark designations no later than the second six-month up- date of the Monroe County Comprehensive Land Use Plan -- the County and the SFRPC agree to request the assistance of the Florida Department of State in this effort; (5) Prepare a report for adoption consideration by the County Commission during the second six-month update of the Monroe County Comp,rehensi ve Land Use Plan which reviews the status of live-aboard vessels and includes recommenda- tions for corrective action; and (6) Within six months of the effective date of the Monroe Coun- ty Comprehensive Land Use Plan, the County will implement, in cooperation with the Department of Environmental Regula- tion and other state and federal agencies, a water quality - 2 - monitoring program to ensure that the individual and cumu- lative impacts of development, especially wastewater treat- ment systems, commercial water dependent activities and live-aboard vessels, do not degrade nearshore water quali- ty. The County will invite the Cities of Key West, Key Colony Beach and Layton to participate in the development of this water quality monitoring program; sampling sta- tions for these Cities shall be included in the program and tpe cause of any water quality prob1em( s) shall be identified and corrective measures are to be recommended. IV. Consideration As consideration for work satisfactorily performed un- der this agreement, the County agrees to pay an amount of $139,000. This is a fixed fee agreement. V. Method of Payment The total expenditure authorized under this agreement is $139,000 and no amendment shall result in a greater expendi- ture. The County agrees to pay the :SFRPC upon submittal of the proper documentation, .as 'follows: (A) Initial payment of $50,000 to the SFRPC upon the signing of this agreement; (B) A second payment of $50,000 upon the submittal and the County's acceptance of a mid-term progress report on the six tasks identified in section III B(2) of this agreement. The progress reports are due no later than March 15, 1987; (C) A final payment of $39,000 upon the submittal and the DCA's acceptance of a final report demonstrating com- pletion of aliI tasks is due no later than June 30, 1987. IV. Receivables and Acceptances If all required receivables, prescribed in the scope of the services above, are not sent to the County or are not completed in a manner acceptable to the County, the County shall withhold further payments until they are com- pleted and accepted. The County has discretion to ap- prove or reject the receivables submitted to it pursuant - 3 - to this agreement. Within fifteen (15) working days after the County receives a receivable, it will review the re- ceivable and respond in writing to the Executive Director of the SFRPC, either approving the receivable or rejecting the receivable and specifying the reasons for rejection. The SFRPC has ten (10) working days after notice of the reason for the County's rejecting the receivable to cor- rect and resubmit the receivable or receivables. "Accept- able to the County" means that the work products and tasks are completed and submitted as a professional product the contents of which are consistent with the scope of servic- es. VII. Audit Requirements (A) The SFRPC agrees to maintain adequate financial proce- dures and adequate support documents to account for the expenditure of funds under this agreement. (B) These records' shall be available at all reasonable times for inspection, review, or audit by state person- nel and other personnel duly authorized by the County. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal busi- ness hours of 8:00 a.m. to 5:00 p.m., Local Time, Mon- day through Friday. (C) The SFRPC shall also provide the County with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this agreement. The Executive Director shall be responsible for all documents submittals. All correspondence concerning this agreement shall in- clude the Director of Planning of the County and the Executive Director of the SFRPC. For the purpose of this agreement, the County Planning Director shall be the County's responsible party with the SFRPC. VIII. Public Records The SFRPC shall allow public access to all documents, reports, papers, l~tters or other material, subject to the provision of Chapter 119, Florida Statutes, prepared or - 4 - received by the County in conjunction with this agreement. It is expressly understood that upon receipt of substantial evidence of the SFRPC's refusal to comply with this provision, the County will have the right to ter- t minate this agreement for breach. IX. Subcontracts (A) If the SFRPC subcontracts any or all of the work re- quired under this agreement, the SFRPC agrees to in- elude in the subcontract that the subcontractor is bound by the terms and conditions of this agreement with the County. (B) The SFRPC agrees to include in the subcontract that the subcontractor shall hold the County harmless against all claims of whatever nature by the subcon- tractor ari sing out of the performance of work under this agreement. (C) The County and the SFRPC agree that both parties are bound by the memorandum of , agreement found in addendum A, unless otherwise modified. (D) Both parties further agree that any State institution or agency may be subcontracted with directly to per- form the work tasks authorized by this agreement. X. Contract Term (A) This agreement .shall become effective on the last date of signing by the parties involved. No cost may be attributed to this agreement prior to that date. (B) All activities performed pursuant to this effort shall be completed on or before June 30, 1987. The agree- ment shall terminate on the same date or upon the last payment to the SFRPC, whichever comes first. XI. Modification of this Agreement Modification of the provisions of this agreement, in- eluding any extension of the termination of this agree- ment, shall only be valid when they have been reduced to t wri ting, duly signed by the parties hereto, and attached to the original of this agreement. XII. Terms and Conditions - 5 - Nothing in this agreement shall be construed to re- quire SFRPC performance on any of the tasks described here- in if the funds specified in this agreement for that task are not available from the DCA. The County likewise finds that nothing in this agreement shall be construed as a com- mitment for future funding. This agreement contains all the conditions and terms agreed upon by the parties. Attached to this agreement is the following: ( 1) copy of executed memorandum of agreement between the County and the DCA entered into on November 8 I 1986. (see Addendum A) BY: OUNTY CO~~SIONERS , COUNTY I RIDA .,' 3./1 DANNY L. KOLHAGE, Clerk ..J~)../ 'J'if6" , . ,.',' ~,'.,' ATTEST: SOUTH FLORIDA REGIONAL PLANNING COUNCIL BY: CHAIRMAN DATE: ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY. IW '7 ~#7t:f ~r AttDl'ntrf"a Offic ~--- / - 6 - . i;~,I, l)=, '.~ ~ l"; : 07 .,. I="LH t. r d E1'Ef':.f~ I ll::o/'lT ! 144 I-"U:::; ADDENDUM A ~~2! t .1 ~~~'If' f, I~': ' This agreement is bein9 entered into by and between the Department of Community Af'fairs (Oaparu.nt) and Monroe County (County) to provide for the implementation of th~ Mon~oe county Comprehensive Plan and land development revulations inclUding a land use map in order to insure that future growth management in the Florida Keys will be coordinated, well planned and competently imple..nted. WHEREAS, the County has been declared an Area of Critical state Concern pursuant to' Section 180.05, rlorida Statutes, and therefore, has prepared, and submitted a Comprehensive Plan and land development regulations approved by the Departmont and the Administration Commission in accordance with Section 380.05, Florida Statutes. I ~IEREAS, the 1986 session of the Legislature provided an assistance for comprehensive plans arid land development regulations developed pursuant to and consistent with the area of critical state concern program within the Florida Keys area. WHEREAS, the County Commission approved and submitted to the Department its comprehensive planjand land development regulations in accordance with Section 163.3161, ~ seq. and 380.05, Florida statutes1 on February 28, 1986. WHEREAS, the Administrat~on Commission voted to accept these documents, with changes, at its meetinq of July 29, 1986, and subsequently established the effective date for the implementation of this comprehensive plan and land development regulations as september 15, 1986. (Hereinafter, as used in this agreement, the terms Monroe County Comprehensive Land Use Plan and Land Development Regulations refer to' and shall be interpreted to mean the Monroe County Comprehensive Plan and Land Development Regula~ions adopted by Monroe County on Febr~ary 28, 1986 and adopted by the Administration Commission on July 29, i ---------- ~ t ~)l' ;=1''; - 03 FLA fljt) Ef'ERG 'au !~~ P04 ~ 1986, and which Plan and Regulations became effective on September 15, 1'86.) WHEREAS, both the Department and the County h.ve committed to provide staff and resource. to support this cooperative planning effort. NOW, THEREFORE, THE DEPARTMDn' AND THE COUNTY 00 MUTU~LL Y AGREE AS FOLLOWS; I. Covenant for ,Service The Departmert does hereby retain the County to perform the services described herein and the County does hereby agree to perform such services under the terms and conditions set forth in this agreement. II. Availability of Funds Payment of state funds pursuant to this agreement are subject to and conditioned upon the release of authorized appropriations from the Area of Critical State Concern Trust Fund. III. Definition, Scope and Quality of Service (A) Intent of the ~greement Tho County 4vrees, under the terms and conditions of this agreement and the applicable state and local laws and regulations, to undertake, pertQrm, and complete the six tasks , listed below which will help ensure auccessful implementation of the Monroe County Comprehensive Land Use Plan and Land Development Regulations. (B) Scope of Service. and Schedule of Deliverables The County avrees to COMplete the six tasks listed below: (1) ~ U,e l!!n Administration: )336.000 These funds will be allocated for the below purpos.., (a) Fundinv to Cover .the implementation requir...nts of the Monroe County Comprehensive Land Use Plan and Land Development Regulations for serv1ces including transPOrtati~n planning, socio- " to' Cle. '::::t; J FLA DIV' Eti "611T I' 5 economic planning, ,qeneral planning, environmental plannin9, environMental perMitting, and enforcement of' env1ro~ntal regulations, secretarial assistance and civil eng1ne~ring; (b) General administrative expenses, office expansion and outfitting authorizin9 the County to expend funds to properly equip offices as needed to I accommodate the planning services described in (a) above. Said outfittln9 may be used for office equipment, telephones, supplies, space rental and office renovations as needed; . . (c) Sta;ff development in the form of funds distributed to specified positions of the Monroe County Planning, Building and Zoning Department (Planning Department) in existence on September 14, 1986. Theae funds are made available to recognize new responsibilities associated with the Monroe County ~, I Comprehensive Land Use Plan and Land Development Requlations, subject to the approval of the Board of County Commissioners. (d) overtime compensation in the form of funds made available 'to recognize additional hours required to assist in the illlplementation of the Monroe County Compreheneive Land Use Plan and Land Development Reoulations. These funds will be distributed to the inapeetors, bulldiri~/planning/zonin~ coordinators, secretari~S.' aids and clerks positions within the Planning Jepartment for compensation for all hours worked in addition to the normal 37-1/2 hour work week. The overtime rate of 1-1/2 times the employee'S base rate of compensation will be the determining rate of distribution of theee fUnds~ Compensation will be reflected 1n'paychecks covering the period from the ex.cution 'of this Agreement through September I AI j ~l) I I-~":, . ~:r::. 1-&: 1 C1 , r - - Fl.., r.I'.1 ~"'EJ;.';1 l'IGMT --:16 30, 198~, ~n4 vill be dOCUMented on forma provided by the County. (2) Monroe county Compr.b.n.~v. L~O~ Y!! Plan and Lnnd Deve1ol)lftent It.aulatta." 1t.U1}_"~1 '3.59.000 In order to further the Coqnty's'compliance with the 1985 Growth Manage..nt Act, the 1986 revisions to the act and the necessary update items identified by the Depart..ntin its review of the February 28, 1986 submittal made by the County, the County will complete the following activities: Refine thi land use district maps and the existing conditions maps from the current scale of 1" ;:; 600' to an improved acale of 1" = 200' in conjunction with the ongoing effort at the Monroe County Appraiser's Otfice and provide the Department with one sepia/mylar original and one paper copv of each map series; (b) Reassess and refine using field collected data (a) from each habitat t~pe the Habitat Evaluation Index (HEl) found in Volume 1 and Volume 2 of the Monroe County Comprehensive Land Use Plan and .... pl-epare in report format a submittal to the County Commission for adoption consideration no later I th~n the first sIx-month update of the Monroe County Comprehensive Land Use Plan and Land DeveloPMent Regulationa, (e) Review the environmental performance standards established 1n Volume 3 of the Monroe County Comprehensive Land Use Plan's Land Development Re9ulat~onr to establish appropriate mitigation alternatives for adoption consideration by the County Commission durin9 the second six-month up4ate of the Monroe County Comprehensive LAnd Use Plan, (d) Complete the consideration for adoption as an aMendment. to the Monroe County Comprehensive Land . ..' , U=" I 0';, . '::t, l-l: 1 FLA DIV Er'lE~ r'~"'IT 144 . I Use Plan of ;the Worth ~ Lar90 Area of Critical County Coneern and Habitat Conservation Plan by the county Commission and prior to adoption, the County will prepare and .~it or cause to be prepared a~ subaitted, an application to t.he State of Florida for an area-wide Development of Regional IMpact a8 well as an Environment.Al Impact StateMntJ (9) subcontract for a traffic impact model capable of projectln9 future levels of service and road improvement costa compatible with the County's comput~r system -- sa14 MOdel will be used as a basis for ..tablishin9 compliance with the Monroe coun~y Comprehensive Land Use Plan's adequate facilities provisions, and the Florida Department of Transportation will be requested to review And comment on all aspect.s and phases involvln~ the development of the model; (f) complete the focal' point planning programs established for the Holiday Isle and Sunshine Key t Areas of Critical County Concern t.o replace the exist.inq interim rules no later than the second six-month update of the Monroe County Comprehensive Land Use Plan; (g) Develop a usable procedure to register fishermen according t.o the requirements of Volume 3, Section 9-225 of the Monroe County Comprehensive Land Use Plan' s,LanI Development Regulations within 90 days of SepteMber ,S, 1986; (h) Develop a usable p,rocedure for the reoistration of I all non-confo~in9 u... no later than the second six-M9nth update of the Monroe County COMPrehen~ive LaDd Use Plan; (i) Dev~lop and implement a ~ransferable Development Rig~t accountinv progrAM for use on the County's ~ . '.) - :=,1 I Ub . t'.:. 14: FLA Dill .Sf-ERG f'O'll 14--l -... COMputer syst.. by the first six-month update of the Monroe County COMprehensive Land Use Plan; ~ I (j) Recodify the land development regulations found in Volwae 1 of the Monroe Co~nty . Comprehensive Land Use Plan's Land Development Regulations for use in the County Code Book no later than the completion of the first six-month . I . . update of the Monroe County Comprehensive Land UStl Plan and transmit two cOMPlete copies to the DepartlMlnt; , , (k) Develop, in conjunetion with the South Florida Water' Man aqeme nt District, Environment~l Regulation and the Department of South Florida Regional Planning council, a stormwater runoff ordinance for adoption consideration by the County commission during the first six-month update of the Monroe C~unty Comprehensive Land Use Plan: (1) prepar~ a survey of archaeological, historical and cultural sites for adoption consideration by the County as landmark 'designations no later than the second six-month update of the Monroe County comprehensive Land Use Plan the County and the Department agree to request the assistance of the Florida Department of State in this effort; (m) Develop a sign program according to the requirements of Vol~e 3, Chapter 9, Division 13, Section 9-1308 of the Monroe County Comprehensive Land Use Plan'. Land Development Regulations to implement the prohibition of Off-premises and portable .i9n8 no later than the second six-month update of the Monroe County Comprehensive Land Use ~ I Plan, (n) Prepare a handbook and/or pamphlet explaining landscaping and bufferyard requirements no later than. the first 8ix-l8Onth update of the Monroe Countv Comp~.b.nsive Land Use Plan; tI. ~;,).I Lib ..::,::, 1..1: I.:;: FL8 D I 'J EI'EF'G t'G-tT PO-~ (0 ) ImPl...nf an impact fee accounting and tracking procedure no later than the first six-month update of the Monroe County COMprehensive Land Use Plau; (p) Develop and implement a condit1on.l use monitoring I program compatible with the County's computer system no later than the first six-month update of the Monr~e County Comprehensive Land Use Plan; , (q) Review the Destination Resort requirements and prepare a report describing possible refinements for adoption consideration by the Count.y Commission during the second six-month update of the Monroe County Comprehensive Land Use Plan; (r) Prepare a report for adoption consideration by the County Commission during the second six-month uPdate of the Monroe County Comprehensive Land Use Plan which reviews the status of live-aboard vessels and include recommendations for corrective action, (S) Develop a focal point planning program for the Marathon 'area for adoption consideration by th~ County Commission during the second six-month _. .0... update of the Monroe County Comprehensive Land Use Plan; (t) Review the Mixed Use District and prepare a report for adoption consideration by the County Commission during the second six-month update of the Monroe ~ountY.Comprehensive Land Use Plan which describes the suitability of eXisting standards and recommend appropriate changes; and (u) Within stx months of the effective date of Monroe County Comprehensive Land Use Plan, the County will implement, in cooperation with the Department of Environmental Regulation and other t . the state and federal agencies, a water quality monitoring program to ensure that the individual and cumulative impacts of development, especially 7 . : ..=" I ~: . ;=:h 14: 1.... FLH [I I~) e"lERt3 ',Gr'1T 144 PiO wastewater treatment syat..., co~rcial water dependent activities and live-aboa~d veasels, do not degrade neacahore water quality. The County will invite the Cities of Key West, Key Colony ,. . Beach and~Layton to participate in the development of this water quality monitoring program, sampling stations for these Cities ahall be included in tlw program and the cause of any water quality problem(s) ohall be identified and corrective measures are to be recommended. ()) Le~al Ass1stanc.: ,~OO.OOO These funds are hereby committed for the following purposes; (a) The preparation of a revised "users' manual" for the Monroe !County Comprehensive Land Use Plan and Land Development Regulations. Such manual shall be in booklet or noteboOK form and shall provide. to the general public the following: a description of the Monroe County Comprehensive Land Use Plan, the Land Development Regulations and perm1ttinq process-; a description of how to utilize the procedures of the Monroe County Comprehensive Land Use PlAn, Land Development Regulations and permittinO proceSSJ and any necessary graphics or charts which would aid in citizen understanding of the Monroe County Comprehensive Land Use Plan, Land Development Requl.tio~. and perMittinQ process, (b) The' preparation of . report that analyzes the legal issues raised by the Monroe County Comprehensive Land Use Plan, Land Development Re9Ulation., including, and the permitting process, but not limited to: claims of vested "rights under any Florida statute, constitutional provi81on or case law or claims of vested rights under any federal statute, .. - J ~OU 1)6 ":3-5 " FLA D I V er.EP.G MGr'111 '11 constitutional provision or ca.e lawJ claims that the Monroe County CQMprahen81ve Land U.. Pl.n and , . . Land Deve,lopnent Regulationa do flQt; bell~ a i substantial relationship to the .public health, safety and welfare, clai.. that the Monroe County Comprehensive Land Use Plan and Land Development Regulations deprive affected persons of due process, procedural and substantive, and of equal protection of the law; and claims that the Monroe County Comprehensive Land Use Plan and Land Development Regulations effect a regulatory taking. The analysis will be desiqned to provide the County Attorney, or other designated County legal representative, with a comprehensive legal research reference to serve as a basis for: required interpretations of the Monroe County Comprehensive Land' Use Plan and Land Development , Regulations, administrative proceedings under the , Monroe County Comprehensive Land Use Plan or Land Development Regulations, and legal challenges to the Monroe County Comprehensive Land Use Plan and v ' Land Development Regulations. An analysis sha,ll . also be prepared of any ordinances, resolutions or other reQU1ations serving as a gap or bridge between 'the land development regulations in effect on July 14, 1986, and the Monroe County canprehans!ve'Land Use Plan and Land Development ReVulatlon8; (c) The implementation of the area of critical county concern de.i9nation for North Big pine Key, including: the design of a planning and legal methodologt for t~e required focal point planning program; preparation of, and taking part in, a citizen participation proqram, coordination of data' collect~on and con.ultat1on analysis re9ardinq future land use 1n areas ot . r .1~1'1 Of, . :.::'; F"lH D I tJ ef'IEFCi 1.1Gf'IT :2 environmental resources such as, by way of illustration and not limitation, the ~ndangered Key Deer; preparation of amendment. tQ the Monroe County Comprehensive Land Us. Plan and Land DeveloPMent R~QU1~tion., and participation in the amendment process; (d) The pro~idlng of prof...ional assistance in the Monroe County Comprehensive Land Use Plan and Land Development Regulations update at the six-month review period with particular attention to impleMentation of the adequate facilities provisions of the Monroe County Comprehensive Land Use Plan and Land Development Regulations and the incorporation of the North Key Largo Habitat Conservation Plan; (e) Any other services authorized by the Board of County Co~issioners which are directly related to I implementing the Monroe County Comprehensive Land Use Plan, provided that items (a) through (d) shall be completed. (4) Special Study ~ Propertv Appraiser: S50,OOO The County's Property Appraiser will prepare and submi~ a report documenting that office's review of the property assessments affected by the Monroe County Comprehensive Land Use Plan and Land Development Requlations no later than June 1, 1987. (5) Hea~inq Offtcer Cost,: $25.000 Baaed on the beneficial use and vested rights provisions of Chapter 8, Volume 3, of the Monroe County Comprehensive Land Use Plants Land DevelOPMent. Requlat1on., the County will subcontract with Hearing Officers who are members of the Florida BAr for the. purpose of reviewing claims for benefiqial use and vested rights. Hea~ingOfficera will be retained on an hourly contrace ~si.. Eligible costs shall include time l.... . . .,::;, I O,t5. . 86 1--1: 1 c: FLA DIU El'lERG r'lGI'IT 1--14 P 13 to prepare recoawended conclusions of law and ! findings of fact for consideration by the County Commission, document reproduction and pr~p.ration, court reporter services and other ~eariR9 related I costs. (6) Special Counsel/Legal Dete..e: S180,OOO The County will subcontract with Special Counsel to act .s its general legal representative concerning litigation involving the County's implementation of the Monroe County Comprehensive Land Use Plan and Land pevelopment Regulations. I ~ The Special counsel andlor Members of the firm as appropriate will be expected to advise the County in matters of state and. local law, including changes and proposed changes, involving . administrative and policy decisions made during the implementation of the Monroe county , comp~ehensive L~nd Use Plan and Land Development Regulations and on such other matters as the County deems appropriate at the discretion of the County Attorney. The Speoial Counsel will coordinate these responsibilities with the Planning Department and the County Attorney. The "spJcial Coun..l will prepare, within six , months after selection, l..,.ct fee ordinances and other appropriate legal instruments such as inter local agreements for adoption consideration by and between Monroe County and the Cities of Key West, Key Colony Beach and Layton for the collection of impact fees from new development in those Cities and ensure the transfer of fees collected to the ~ounty for those services impacted. com~18ation shall ~ as specified in a subcontract which will specify hourly rates, expenses, eosta and modification provisions. . 41 . .=!' I 013 . :36 1-t: FlA D I V Ef'ERG ~1f'.:I'1T 144 IV. Consideration As consideration for work .atisfactorily perforMed under this agreement, the Department agrees tQ pay .n amount up to Sl,050,000. This is a fixed f.. A9re...nt! . V. Method of PaYlMnt The total expenditure authorized under this agreement is $1,050,000, and no amendment shall result in a greater I expenditure. The Department aorees to pay the County upon submittal of the proper documentation, as follows: (A) Initial payment of $262,500 to the County upon the si~ning of this agreement, (B) A second payment of $262,500 upon the submittal and the Department's acceptance of the following work products from section III 8(2) of this agreement: (a), (b), ( g), (j), ( k), ( n), ( 0), ( p), and (u ) and the Department's acceptance of a progress report demonstrating satisfactory progress on all remaining work products. These work PFoducts and progress report are due no later than March 15, 1987. (e) A third payment of $262,500 upon the submittal and the oepar.tment's acceptance of a progress report demonstrating satisfactory progress on all remaining ta.ks is due no later than June 30, 1987; (D) A fourth payment 'of '262,500 upon the submittal and the ! Department's acceptance of all remaining work products and tasks. These work products and tasks are due no later than December 1, 1987. VI. Receivables and Acceptances If all required receivables, prescribed in the scope of services above, are no~ sent to the Department or are not completed in a manner acceptable to the Department, the Department shall withhold f~rther payments until they are completed And accepted. The DePar~nt has discretion to approve or reject the receivable. subMitted to it pursuant ; ..II : :(11 !' Ob . :::.;:. i.' .- FlA D I V ENEPG "GiT 1 to this agreement. Within fifteen (15) workin~ days after the Department receives a receivable, it will review the receivable and respond in writing to the Director of Planninq, Building and Zoning, with a coPY to the County Clerk and the County Attorney, either approvin~ the receivable or rejecting the receivable and specifying the reasons for rejectioh. The County has ten (lO) working days after notice of the reason for the Department's rejecting the receivable to correct and resubmit the receivable or receivables. "Acceptable to the Department" means that the work products and tasks are completed and submitted as a professional product the contents of which are consistent with the scope of se~vicea. VII. Audit Requirements (A) The County aqrees to maintain adequate financial procedures and adequate support documents to account for the expenditure of funds under this agreement. (8) These reco~ds shall be available at all reasonable times for inspection, review, or audit by state personnel and other ~rsonnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8100 a.m. to 5:00 p.m., Local Time, Monday through friday. (C) I' The County shall also provide the Department with the records, repotts1or financial atatements upon.request , for the purpo.es of auditinq and monitorinq the funds awarded under this agreement. The Planninq Director shall be responsible for all doc~ent submittals, with the County Clerk and County Attorney assisting as appropriate. All correspondence concerning this agreement and the Director of Planninq, Buildino and Zoninq shall be copied to the C~unty Clerk and County Attorney_ . 1 ~ , I ;~~~, c.r: 1.-.: 17. FLH, r! 1\1 ~IIER(l "ltfIT 14.... t-1S (0) The County shall include an accounting of these funds in the local audit prepared by the County for the I .. 1986-87 and 1987-88 fiscal year. .s applicable. (E) The County shall retain all f1aancial records, supporting documents, statistical records, and any other docu.ents pertinent to th1s agreement for a period of three years after the date of submission of the final expenditure report, or if an audit has been initiated and ^udit findinqs have not been resolved at the end of three years, the reoords shall be retained ~ ' until resolution of the audit findings. VIII. Public Records The County shall allow public access to all documents, reports, papers, letters or other material, subject to the provision of Chapter 119, Florida Statutes, prepared or received by the County in conjunction with this agreement. It is expreSSly understood that upon receipt of substantial evidence of the county's refusal to comply with this provision, the Departrnent,~ill ha~e the right to terminate this a~reement for breach. IX. Subcontracts I (A) If the County subcontracts any or all of the work required under this agreement, the County agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this agreement with the Department. (B) The County agre_s to include in the subcontract that the subcontractor shall hold the Department and the County harml..s against all claims of whatever nature by the subcontractor ari.ln~ out of the performance of work under this agreement. I (e) Prior to entering into any subcontracts, the County .hall torward a copy of the proposed subcontract to the Department for review and approval by the Department. . Each s4bcontract shall. contain the phrase "Funding for . this contract ~. contingent uPon approval of this . )4 t Ii]: I :J6 . 86 1.1: I '";' FLH ell t~ E~I~f:'J t&1T 17 contract by the Florida Department of Community Affairs." (D) Both parties further agree that any State institution or agoncy may be subcontracted with directly to perform . the work tasks authorized by this a~reement. X. Contract Term (A) This agreement shall become effective on the last date of signing by the parties involved. No cost MaY be ! . I, . attributed to this'agre...nt prior to that date. (B) All activities performed pursuant to this effort shall be completed on or before December 1, 1987. The agreement shall terminate on the same date or upon the last payment to the County, whichever comes first. XI. Modification of this Agreement Modification of 'the provisions of this agreement, including any extension of the termination of this agreement, shall only be valid when they have been reduced to writing, duly signed by the parties hereto, and attached to the original of this agreement. XII. Terms and Conditions Nothing in this agre.me~t shall be construed to require County-performance on any ot the tasks described herein if the funds specified in this agreement for that task are not available from the Department. The Department likewise finds that nothing in this agreement shall be construed as a commitMent for future fUnding. This agreement contains all the conditions and terms " I Agreed upon by the'parties. Attached to th~s agreement i. the following: (1) Addendum A, Work Program Costs. , ~5 I ----:----. r i 11=11 I 6C1r::, . :?~. 1-l: FlH DIU HERG t'll.:.f'IT 14. IN WITNESS WHEREOF, the parties have caused this 17 page agreement to be executed by their under.loned otficials as duly authorized. /"...' ,l/ / / LV It J,f!7J .-jtt /" l-t Mayor, Board of Commissioners Monroe county, Florida Jam Di sion of Resourc and Management Department of Community Affairs State of Florida Date If. y. x. /1 7.~ Date ~ , 0::01-3" f/- 10 · ." "S ~,,' I' , I" I' ....... /lP~~~~~~~":5vrd:.P\-;'"'"'" ~' / . ,.t"O ~ .'> ., r-. . ~V/~ '.-.'dt.~ ? tf[e- ." . - '1\'"\ ' Po'" ".,p, ~--'-~- , t IeI" .(10:' . :~6 1-t: FlH [\1~1 ErlERG r~::;"'1T ~ PR~AM COSTS 1 . LAND USE PLAN ADMINISTRATION 2. MONROE COUNTY COMPREHENSIVE L>>ID USE PL~ AND LAND DEVELOPMENT REGULATIONS 3. LEGAL ASSISTANCE 4. SPECIAL STUDY 8Y PROPERTY APPRAISER 5. HEARING OFFICER COSTS 6. SPECIAL COUNSEL/LEGAL DEFENSE 14': $336,000 $359,000 $100,000 $ 50,000 $ 25,000 $180,000 TOTAL .- ..-.. $1,050,000 o rcr.r.~ vF.O AS T , r c"f. -aO' ftct.., , IoJ'T" ~tJr' ,.,.0 LEGAL ~ ..--' ".----~ ~~i," ,,,, ~r"e/!".' " . r , 17