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
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APPROVED AS 70 rO';'t
AND LEGA: ~ /7 '7
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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
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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
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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
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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
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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 ~---
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144 I-"U:::;
ADDENDUM A
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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
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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-
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FLA DIV' Eti "611T
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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
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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
.
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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
~ .
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FLA Dill .Sf-ERG f'O'll
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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;
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FL8 D I 'J EI'EF'G t'G-tT
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(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
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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,
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FLA D I V er.EP.G MGr'111
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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
.
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: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
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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
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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
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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
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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
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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
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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
~
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~ 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
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17