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Resolution 202-1985 County Commission RESOLUTION NO. 202 -1985 A RESOLUTION APPROVING AGREEMENT BY AND BETWEEN MONROE COUNTY, FLORIDA, AND THE CONSULTANTS SIEMON, LARSEN AND PURDY. WHEREAS, Monroe County has entered into an agreement regarding the development of a Habitat Conservation Plan for North Key Largo, and WHEREAS, the County desires that Siemon, Larsen and Purdy perform the services and requirements of the aforesaid contract between the Department of Community Affairs and Monroe County, now, therefore, BE IT RESOLVED BY THE MAYOR AND COUNTY COMMISSION OF MONROE COUNTY, FLORIDA, that that certain agreement attached hereto and marked AGREEMENT and dated May 8, 1985 by and between Monroe County and the consultants, Siemon, Larsen and Purdy, be, and the same is hereby approved and the proper officials of Monroe County, to wit: the Mayor and the County Clerk are hereby authorized to sign the same indicating such approval. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 2nd day of July, A.D. 1985. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By (Seal) Attes t: DANNx L. KOLHAGE, Clerk . 04. .~ . 112~ '-4::'4 ~-/ _~,.-<V ( 9'ler / ~:2~~. A LSU~~ BY A"",.r(. Offico , t.- AGREEMENT -' WHEREAS, Monroe Cou~ty has entered into ~n_ agreement with the Florida Department of Community Affairs regarding the devel- opment rif the Habitat Conservation Plan for North Key Largo; and WHEREAS, the County desires to ~mploy Siemon, Larsen & Purdy (hereinafter called "Consultant") to perform the County's obliga- tions under that agreement; . NOW, THEREFORE, in consideration of the mutual covenants, understandings and conditions hereinafter contained, the County does hereby employ the Consultant and the Consultant does hereby accept the employment in accordance with the understandings and covenants which are reflected hereinafter. ARTICLE I Section 1 - Description The project for which professional services are required and the time for completion are described on Exhibit A attached hereto. Section 2 - Financing . Funding for this project will be provided from the Depart- ment of Community Affairs and shall total seventy-seven thousand dollars ($77,OOQ.OO). ARTICLE II - SCOPE OF PROFESSIONAL SERVICES Section 1 - General Requirements The Consultant agrees to provide professional' services to -fulfill the County's respgnsibilities described~n. the ~~morandum of Agreement attached hereto as Exhibit A: A. Consultant's Responsibilit~ The Consultant shall provide those services described in Exhibit A. The Consultant shall be responsible for the completeness and accuracy of all services rendered, and the correction of all signifi- cant errors of omission or commission on any drawings, illustrations, text, or other documents required by this agreement to be provided by the Consultant, no.twi ths tanding prior approval by the County. . This provision shall not apply to any maps, official re- . cords, contracts, or other data that may be provided by- the County or other public or semi-public agencies that the Consultant should reasonably expect to be accurate and which the Consultant could not be reasonably expected to know to be inaccurate. B. Work Schedule The Consultant shall prepare the draft p Ian so that it is available for public comment no later than Octob~r 1, 1985 and the final plan no later than January 12, 1986. The consultant will be expected to 2 adhere to this work schedule to the best of his abil- ity. The schedule may be updated periodically as necessitated by factors that occur which materially change the conditions affecting the work~cbeslul~- and are beyond the control of the Consultant. The work schedule may be amended with written approval of the Director of Planning and Zoning. The County will be . furnished two copies of the original schedule and two copies after each revision, if any is approved. Failure on the part of the Consultant to adhere to the approved or amended work schedule, whichever is appli- cable, shall be sufficient grounds for termination by the County. C.. Project Coordinator Unless otherwise noted the County's Proj ect Manager shall be the Zoning Director of Monroe County.. The Consultant's Proj ect Manager shall be Charles L. Siemon~ Either party shall advise the other promptly in writing any time circumstances require a change in Project Manager. Section 2 - Subcontractors Consultant shall have the right to enter into such subcon- tracts as are necessary to complete the work contemplated under this contr-act. .' 3 ARTICLE III - PAr~ENT FOR SERVICES Section I - Payment for Basic Services A. Total Payment In consideration of the performance -;f -t-he ffasic services described in Exhibit A, the County will pay the Consultant a total of $7.7,000.00, which shall constitute full and complete payment for all basic services required to be performed under the terms of this Contract. Such amount shall include reimbursement for reimbursable expenses. B. Partial Payments The Consultant will present an invoice to the County monthly for disbursements incurred, and payment will be made within fifteen (15) days after the in- voices have been approved by the Dire~tor of Planning. and Zoning. Section 2 -.Payment for Additional SerVices County and Consultant agree that certain portions of the work scheduled to be performed by the Consultant may not be defined sufficiently at the time of execution of this agreement and that incidental additional professional services related to the project and not covered in Exhibit A may be needed during performance of ~his agreement. Additional professional services, when authorized by executed Change Orders or Supplemental ... 4 Agreements between the parties hereto, will be compensated for by a fee mutually agreed upon by the County Commission and the Consultant. Negotiation of a mutually agreed fee will be done -using the same criteria used to negotiate the _~riginal fee for basic services. Section 3 -Accounting and Records . Consultant specifically agrees. to be responsible for the accounting functi~ns required under the matching funds require- ment of the County. Records of the Consultant's direct personnel pay~oll and the reimbursable expenses pertaining to this project and records of accounts between the County and Consultant shall be kept on a generally recognized accounting basis and shall be available to the County or to an authorized representative for audit during normal business hours. Reimbursable expenses shall . include general travel expenses, hotel expenses and meals, and long distance telephone expenses. ARTICLE IV - COUNTY RESPONSIBILITIES Section 1 - Furnish Information The County will furnish the Consultant, when feasible, at no cost to the Consultant, the following information or services for this project: A. Two (2) copies of any available maps, records, contr.acts,' policy statements, ordinances, resolutions or o~her data pertinent to the work. However, the 5 Consultant shall be responsible for requesting specific information. B. All available information and data relative to County policy, stand~rds, criteria, studie~~~c. C. Advice and consultation on matters relating to the project. D. The services of a planning profes s ional and a biologist employed by the County as requested by the Consultant. ARTICLE V - MISCELLANEOUS PROVISIONS Section 1 - Non-discrimination The Subcontractor agrees that he will not discriminate . against any of his employees or applicants for employme~t because of their race, color, religion,' sex, or national origin, and to . abide by all Federal and State laws regarding non-discrimination. Any violation of such provisions shall constitute a materi.al breach of this agreement. Section 1 - Arbitration of Disputes Any dispute arising under this contract which is not settled . by the Prime Contractor and the Subcontractor in ten (10) days shall be decided by an arbitration board composed of a represen- tative of the Prime Contractor, a representative of the Subcon- tractor, {lnd a representative mutually acceptable to the Prime Contractor and the Subcontractor. The subcontractor shall 6 continue to render all services requested in this contract without interruption, notwithstanding the provisions of this section. - Section 3 - Indemnification A. Hold Harmless The Subcontractor does hereby covenant and agree to indemnify. and hold harmless the Prime Contrac,tor, individually and collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorney's fees or liability of any kind arising out of the negligent actions of the Subcontrac- tor and does hereby agree to and does assume all the risk in the operation of his business hereunder and shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of his performance of this contract. B. Completeness and Accuracy of Work The Subcontrac- tor shall be responsible for the completeness and accuracy of his work, plan, supporting data, and other documents prepared or compiled under his direction and shall correct at his expense all significant errors or omissions therein" which may be disclosed. The cost of the work necessary to correct those errors attributable to the Subcontractor and any damage incurred by the Prime" Contractor as a result of additional costs caused by such errors shall be chargeable to the Subcontractor. 7 The fact that the Prime. Contractor has accepted or approved the Subcontractor's work shall in no way relieve the Subcontractor of any of his responsibilities. This provision shall nQ..t~ ~pply: to --. - ~. any maps, official _records, contracts, or other data tha~ may be provided by the Prime Contractor or other public or semi-public agencies which the Subcontractor . should reason~bly expect to be accurate and which the Subcontractor' could not reasonably be expected to know to be inaccurate. C. Claims Against the Prime -Contractor The Subcon- tractor agrees that no charges or claim for damages shall be made by him for any delays or hindrances attributable to the Prime Contractor during the. pro- gress of any portion of the services specified in this agreement. Such delays or hindrances, "if any, shall be. compensated for by the Prime Contractor by an extension of time for a reasonable period for the Subcontractor to complete the work schedule. Such an agreement shall be made between the parties. Section 4 - Ownership of Documents All documents including, but not limited to, tracings, drawings, illustrations, estimates, field notes, investigations, design analysis, studies, and other data or documents which are obtained Qr prepared in the performance of this agreement, are to 8 be and will remain the property of Monroe County and are to be delivered to the Director of Planning, Building and Zoning before the final payment is made to the Subcontractor. The Subcontrac- - tor may retain originals and. prepare copies .Qf_ 9-ny _of these documents for Monroe Courity provided the' copies~a're produced at the Subc~ntractor's own expense. Section 5 - Assignment of Contract This agreemen~ shall not be assignable in whole or in part without the written consent of the parties hereto, and it shall extend to and be binding upon the heirs, administrators, execu- tors, successors, and assigns of the. parties hereto. Section 6 - Anti-kickback The Subcontractor warrants that no person has been employed or retained to solicit or secure this contract upon an.agreement or understanding for a commission, percentage, brokerage, or . contingent fee and that no member of the Prime Contractor has any interest, financially or otherwise, in the Subcontractor's f~rm or his subcontractors. For breach or violation of this warranty, the Subcontractor shall have the right to annul this contract w.ithout liability or, in its discretion, to deduct from the contract price or consideration, the full amount of such cornmis- sion, percentage, brokerage, or contingent fee. 9 IN WITNESS WHEREOF, the parties hereto have executed this contract on the date first above written. PRIME CONTRACTOR Ut~ Siemon, Larsen & Pur y COUNTY OF MONROE Wilhelmina Harvey, Mayor ATTEST TO: Danny L. Kolhage, County Clerk APPROVED AS TO 'COFPI EGAL ~UFFCi~ Anomey's om.. 'Uy 2. BY - ]0 - /~ ~. AGREEMENT between Florida Department of Community Affairs and Monroe County Relative to: Development of a Habitat Conservation Plan for North Key Largo -. This agreement is made by the Department of Community Affairs of the state of Florida, hereinafter referred to as "DCA" and Monroe County, hereinafter referred to as the "County". WHEREAS, section 10(a) of the Endangered Species Act of 1973, 16 U.S.C. s. 1539(a), establishes a process through which the u.S. Fish and Wildlife Service (FWS) may permit takings of endangered and threatened species incidental to otherwise lawful activities provided that the species will be protected by a plan for the conservation of both the species and their habitats. WHEREAS, four species whose habitats include North Key Largo, the American crocodile, the Key Largo woodrat the Key Largo cotton mouse, and the Schaus swallowtail butterfly, have been listed by the FWS as endangered pursuant to the Endangered Species Act. A fifth species, the prickly apple cactus, is a candidate for listing as endangered. Takings of species listed as endangered are generally pr~hibited by section 9(a) (1) (B) of the Endangered Species Act; 16 U.S.C. s. 1538(a) (1) (B). WHEREAS, development on North Key Largo probably cannot proceed without significantly increasing the li.kelihood of incidental takings of some of these endangered species. WHEREAS, chapter 380.05, Florida Statutes, requires the DCA and Monroe County to develop a Comprehensive Plan and land development regulations consistent with the Boundary and Principles for Guiding Development for the Florida Keys Area of . 1 Exhibit "A" /.~ critical state Concern ("Boundary and Principles") (August 23, 1984) . WHEREAS, landowners in North Key Largo,' the Flo.rida Al+dubon Society and local, state, and federal government crgeneiEHJ, including the FWS, the DCA and Monroe County, desire that a habitat conservation plan be prepared for North Key Largo that will ensure the long term conservation" and protection of the listed species and their habitats while providing for reasonable development consistent with the Boundary and Principles. These parties have formed a steering committee to further the preparation of such a plan. The FWS, the DCA and the County understand that the plan could form the basis for issuance of a permit by the FWS under section 10(a) of the Endangered Species Act authorizing takings of the listed species incidental to development of North Key Largo. WHEREAS, Monroe County is developing a Comprehensive Plan for the entire County, including North Key Largo. A habitat conservation plan for North Key Largo would have to meet the requirements of the Adopted County Comprehensive Plan in order to be successful. THEREFORE, in order that a habitat conservation plan for North Key Largo may be developed, the parties hereto agree as follows: THE COUNTY AGREES TO; 1. Assume overall responsibility for development of a habitat conservation plan for North Key Largo. 2. Provide the DCA with written reports that describe the progress that has been made in preparation of 2 . ,,-~= '\ . . the plan. The first report shall be due 40 days from the effective date of this agreement and subsequent reports shall be provided every 45 days thereafter throughout the period of this agreement~ . 3. Use its best e~forts to ensure that the plan is. prepared and available for appropriate use by the dates that have herein been ~greed upon. 4. Match the DCA financial contribution to development of the plan dollar for dollar up to the sum of $77,000, or provided by the County in kind. '5. Administer this project in accordance with OMB Circular A-l02 and A-87. 6. Develop for North Key Largo a habitat conservation plan and associated documents, including any docu- ments required under the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. s. 4321 et ~eg& A detailed outline of the habitat conservation plan shall be provided to the DCA prior to the effective date of this agreement. A draft plan shall be prepared, printed and made available for public comment and fOllowing necessary revisions, a final plan shall be prepared. 7. Prepare the habitat conservation plan to ensure the long term conservation and protection of species listed as. endangered or threatened un,der the Endangered Species Act. The plan shall fulfill, at a minimum, the requirements of section 10(a) of the Endangered Species Act. !n particular, the plan shall specify: a. the impact that will likely result from inci- dental takings of listed species contemplated by the plan; b. what steps will be taken to monitor, minimize, and mitigate such impacts, the long term fund- ing that will be available to implement such steps, and the procedures to be used to deal 3 ~ , ,\ ""\ ~ r;:- ,',. with unforeseen circumstances; and ,d. such other measures that the DCA may require as being necessary or appropriate for the plan.. 8. Prepare any NEPA documents in compliance with the requirements of NEPA and the regulations imple- menting NEPA at 40 C.F.R. Parts 1500 to 1508. The County will, in particular, facilitate the compli- ance by all parties with the requirements of 40 C.F.R. l506.5(c}. THE DCA AGREES TO: 1. Provide the County with funds for developing the plan and associated documents up to a sum of $77,000. . 2. Respond within two weeks to plan-related requests for advice and existing on-hand information sub- mitted by Monroe County, their personnel or any agents, contractors, or other persons retained to work on the plan and associated documents. THE DCA AND THE COUNTY MUTUALLY AGREE: 1. That Monroe County may, in preparing the habitat conservation plan and associated documents, utilize County perso~nel, the Consultants assist- ing in preparation of the County's Comprehensive Plan, and/or persons hired by the Couqty for the purpose of preparing these documents. 2. That the draft plan should be available for review and comment by the public no later than October 1, 1985 and the final plan should be completed no later than January 17, 1986. The DCA and the County may, however, mutually agree to revise these deadlines, .. 4 ~.-....... .. r--. ..."'" subject to approval of the u.s. Fish and wildlife service. 3. That each and every provision of this agreement is subject to the applicable laws of the united states of America and of the -state of Flor-ida _ ~.. _ , - 4. That nothing in this agreement shall be construed as obligating any of the parties hereto to the ex- penditure of funds or for the future payment of monies in excess of appropriations authorized by law. 5. That nothing in this agreement shall be construed as limiting or affecting in any way the delegated authority of the DCA or the County. 6. That amendments to this agreement may be proposed in writing by either party and shall become effec- tive upon written approval of both parties. 7. To accomplish all work under the provisions of this agreement without discrimination a~ainst any or all applicants for employment because of race, creed, color, sex, or national origin. 8. Each party agrees that it will be responsible for its own acts or omissions and the results thereof. Neither party shall be responsible for the acts or omissions of the other party or the results thereof. Each party therefore agrees that it will assume all risk and liability to itself, its agents, or employees for any injury to persons or property resulting in any manner from its own conduct or that of its agents or employees in discharge of any performa~pe under this agreement. Each party agrees also that it will be responsible for any loss, co~t, damage, or expense resulting at any time for and all causes due to any act or acts, or neglect, negligence, or improperly precautions while in perform- ance of the cooperative efforts, or itself, its agents, or employees. 5 \ - - \ /""") .. I .... .'- . . . FINANCIAL ADMINISTRATION: Qca CQottibutiQO The DCA shall provide funds to the County up to sum of $77,000 for the costs of developing the plan and associated.-docnments. - The DCA will provide funds to the County according to the" schedule in Exhibit "A". Funds not utilized in developing the plan arid associated documents shall be. returned to the DCA. NQo=EeQetQl CQottibutiQO The DCA contribution of up to $77,000 shall be matched with a non-federal contribution of $77,000 as defined in "Project Costs." ftQie~t CQQti Total costs of developing the plan are all allowable costs incurred by the County plus the value of in-kind contributions from the County and from non-Federal third parties. Third party in-kind contributions represent the value of .non-cash contributions of a substantial nature furnished after October 1, 1984, by another public agency, private organization or , individual. Qualifying costs must: 1. Be documented in the project records. All in-kind contributions must be documented to verify the source and value of the contribution. Third party contri- butions must be documented in accordance with the requirements of OMB Circular A-I02, Attachment F, Section 6. 2. Not to be used to match another grant project. 3. Be necessary and rea~onable for proper and efficient development of the plan. 4. Be allowable costs under the provisions of OMB Circular A-87. 5. Be excluded from the cost of any other federal program. County in-kind contributions will be valued on the basis of costs to the County in accordance with OMB Circular A-87. Third party in-kind contributions will be valued in accordance with OMB Circular A-l02, Attachment F, Section 5. c' 6 " ~ ~ ,", , J ..... -. . EFFECTIVE DATE: This agreement shall become effective when signed by both parties. PERIOD OF PERFORMANCE: - The period of performance of this agreement is from the effective date through February 1, 1986. TERMINATION: Either party may terminate this agreement by giving sixty (60) days written notice of its intention to terminate on a date speci,fied. In witness whereof, the parties heretp have executed this grant agreement as of the date written. State of Florida Department of Community Affairs Date.~__~~~JC:___~__~_ Coun Monroe BY~~~~,,~ ~. H~Date:__Qb..i/i~_______ Mayor/Chairman . ~~~-~ . (SEAL) AttestDANNY L. KOLl-IAGE, Clerk ~~.~q~~AJ~ BY ~ 7 EXHIBIT "A" PAYMENT SCHEDULE FOR MONROE COUNTY KEY LARGO HABITAT CONSERVATION PLAN Reimbursement shall be provided to the Countrforc al~ - allowable costs, under the provisions of OMB Circular A-8?, up to a maximum,of $77,000, incurred by the County in developing the plan and associated documents and documented in project records presented to the DCA. Request for reimbursement from the County to DCA must also document all in-kind contributions to verify the source and value of the contributions and to ensure that match requirements at least equal costs incurred. Payments shall be governed by the following schedule: 1st payment--for up to $25,000 in documented allowable costs 60 days after effective date of contract. 2nd payment--for up to $10,000 in additional documented allowable costs 90 days after effective date.of contract. 3rd payment--for up to $10,000 in additional documented allowable costs 120 days after effective date of contract. 4th payment--for up to $12,750 in additional documented allowable costs upon delivery of the draft plan. 5th payment--for up to $9,250 in additional documented allowable costs 75 days-after delivery of the draft plan. 6th and final payment--for up to $10,000 in additional documented allow~ble costs after delivery of the final plan and required documentation to close out the,project.