J. Growth Management
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUl\IMARY
Meeting Date: March 21, 2007
Division:
Growth Management
Bulk Item: Yes l
No
Department: Planning
Staff Contact Person: Charlene Wylie
AGENDA ITEM WORDING:
Approval of Aquatic Vegetation Control, Inc., the recommended contractor by the selection committee,
and the contract for removal of invasive exotic plants along the Florida Keys Scenic Highway and
Florida Keys Overseas Heritage Trail.
ITEM BACKGROUND:
The Florida Keys Scenic Highways Corridor Management Plan requires protection and preservation of
natural resources along the corridor. The removal of exotic plam species within the Scenic Corridor
right-of-way is one of the action items in the Corridor Management Plan.
Monroe County is the recipient of grant funding from the Florida Department of Environmental
Protection, Bureau of Invasive Plant Management (B1PM), for the removal of invasive exotic species.
According to the grant agreement the County, acting on behalf of the Florida Keys Scenic Highway
Advisory Group, may contract the removal of exotic species in the Scenic Highway right-or-way. Funds
t()f this project, in the amount of $] 44,000, will be provided through a grant from BIPM.
An RFP t()f the invasive exotic removal work was advertised and closed on January 30, 2007. A
selection committee, comprised of the Monroe County Land Steward, the Senior Administrator of
Environmental Resources, the Monroe County Bicycle/Pedestrian Coordinator, and the Florida Keys
Scenic Highway Coordinator, met in a publicly advertised meeting on February 2, 2007. Based on
review of six (6) proposals. the selection committee recommends Aquatic Vegetation Control, Inc.
PREVIOUS RELEVANT BOCC ACTION:
Approval of grant contract with Florida Department
October 18, 2006.
CONTRACT! AGREEMENT CHANGES:
N/A
ST AFF RECOMMENDATIONS:
Approval
of Environmental Protection for $] 44,000 on
TOT AL COST:
$144,000
BUDGI!:TED: Yes X No
Task Assignment FK-060
SOURCE OF FUNDS: _EQf:P Contract No,J'>ld)29
COST TO COUNTY: ~!1:kind match
REVENUE PRODUCING: Yes
NolL
AMOUNT PER MONTH
Year
APPROVED BY:
County Atty._____ X
OMB/Purchasing ~._._)L_ Risk Management ~
DOCUMENTATION: Included ~~X_~_____
Not Required _m_.
DISPOSITION:
AGENDA ITEM #
MONROE COUNTY BOARD OF COlJNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
Aquatic Vegetation
Control Inc.
Contract #
Effective Date:
Expiration Date:
March 22, 2007
June 1 ,2007
Contract Purpose/Description:
This is a contract for $144,000 to remove invasive exotic plant species along the Florida Keys
Scenic Highway Right of Way (U.S. Highway I Right of Way).
Contract Manager: Charlene Wylie
2521
(Name)
(Ext. )
Planning and Environmental
Resources
(Department/Stop #)
for BOCC meeting on March 21, 2007
Agenda Deadline: March 5, 2007
CONTRACT COSTS
Total Dollar Value of Contract $ 144,000 Current Year Portion: $ 144,000
Budgeted? Yes!ZJ No 0 Account Codes: 125-52003-530490 GW0701-530340
Grant: $ 144,000
County Match: $ 16,723.80 in-
kind
- -
--~~-
Estimated Ongoing Costs: $Q/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director YesO NoD
Date Out
Reviewer
Risk Manage:p1ent/\ YesD NoQ;:V
, \\i,. v~\ I _ /~
O~B./Pur~ha~~g 3J!/o;rYesD Noll:::f ...
I i
County Attorney YesD
Comments:
OMB Form Revised 2/27/01 Mep #2
MONROE COUNTY
CONTRACT FOR
PROFESSIONAL SERVICES TO MANAGE REMOVAL OF INVASIVE EXOTIC PLANT
SPECIES ON THE FLORIDA KEYS OVERSEAS HERITAGE TRAIL AND FLORIDA
KEYS SCENIC HIGHWAY RIGHT~OF-WAY
THIS CONTRACT is made and entered into this _ day of , by
MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose
address is the Marathon Government Center, 2798 Overseas Highway, Marathon,
Florida, 33050, and Aquatic Vegetation Control, Inc, ("CONTRACTOR"), whose address
is 2051 Martin Luther King Boulevard, Suite 301, Riviera Beach, Florida 33404.
Section 1. SCOPE OF SERVICES
The CONTRACTOR shall do, perform and carry out in a professional and proper manner
certain duties as described in the Scope of Services - Exhibit A - which is attached
hereto and made a part of this agreement
Section 2. COUNTY'S RESPONSIBILITIES
2.1 Provide all best available data and base maps as to the COUNTY'S
requirements for Work Assignments. Designate in writing a person with authority
to act on the COUNTY'S behalf on all matters concerning the Work Assignment.
2.2 Furnish to the CONTRACTOR all existing plans, studies, reports, and other
available data pertinent to the work, and obtain Of provide additional reports and
data as required by the CONTRACTOR The CONTRACTOR shall be entitled to
use and rely upon such information and services provided by the COUNTY or
others in performing the CONTRACTOR'S services.
2.3 Arrange for access to and make all provisions for the CONTRACTOR to enter
upon public and private property as reasonably required, and legally allowed, for
the CONTRACTOR to perform services hereunder. Any obstruction to such
access by private property owners shall not constitute a basis for waiver of any
other required entries on to public and private property, nor shall it provide a
basis for termination of the contract In the event that such access is so
obstructed, CONTRACTOR and COUNTY shall work together to resolve the
difficulty in a timely manner.
2.4 Perform such other functions as are indicated in Exhibit A
2.5 Provide a schedule that is mutually agreeable to the COUNTY and
CONTRACTOR.
Section 3. TIME OF COMPLETION
The services to be rendered by the CONTRACTOR for each individual work order
request shall be commenced upon written notice from the COUNTY, contingent upon the
CONTRACTOR securing a Monroe County Landscape Contractor's License. The work
shall be completed by June 1,2007, unless the time shall be modified in a signed
document, by the mutual consent of the COUNTY and CONTRACTOR. Subsequent
services shall be performed in accordance with schedules of performance which shall be
mutually agreed to by COUNTY and CONTRACTOR.
Section 4. COMPENSA liON
4.1 The maximum compensation available to the CONTRACTOR under this
agreement is $144,000.00. The COUNTY agrees to pay the CONTRACTOR
according to the percentages of completion of the work within the Scope of
Service based on progress reports and other documentation to show the hours
expended by each of the CONTRACTOR'S staff. There will be a 10% retainage
by COUNTY until the project is complete. The parties understand that the project
is grant funded. Pursuant to the terms of the grant, because the work must be
completed by June 1, 2007, compensation shall be only for the amount of work
completed, regardless of the cause of any delay.
42 The hourly billing rates of the CONTRACTOR, expected to include all costs
including travel and equipment (there are to be no reimbursable expense items),
used in calculating the compensation due are:
Position
Certified Crew Supervisor
Trained Crew Member
I Rate (in Dollars)
j $79.45
$28,00
,
4.3 Payment shall be only for Contractor's hours while directly engaged in the scope
of work on site and does not include travel or commuting time to and from the
worksite.
Section 5. PAYMENT TO CONTRACTOR
5.1 Payment will be made according to the Local Government Prompt Payment Act.
Any request for payment must be in a form satisfactory to the County Clerk
(Clerk). The request must describe in detail the services performed and the
payment amount requested. The CONTRACTOR must submit to the COUNTY
Project Manager, who will review the request. The Project Manager shall note
his/her approval on the request and forward it to the Clerk for payment. If
request for payment is not approved, the Project Manager must inform the
CONTRACTOR in writing that must include an explanation of the deficiency that
caused the disapproval of the request
5.2 CONTRACTOR shall submit invoices with progress report of activities on a
monthly or otherwise regular basis until the work under this agreement is
completed.
5.3 Continuation of this contract is contingent upon annual appropriation by Monroe
County.
Section 6. CONTRACT TERMINATION
Either party may terminate this contract because of the failure of the other party to
perform its obligations under the Contract. COUNTY may terminate this contract for any
reason upon fifteen (15) days notice to the CONTRACTOR. COUNTY shall pay
CONTRACTOR for work performed through the date of termination.
Section 7. AUTHORIZATION OF WORK ASSIGNMENTS
7.1 All work assignments beyond or in addition to EXHIBIT "A" shall be authorized in
a signed document (Work Order) in accordance with the COUNTY's policy prior
to any work being conducted by the CONTRACTOR. In addition, the
CONTRACTOR shall meet with the COUNTY to discuss project logistics prior to
commencement of any field work.
7.2 Additional authorizations may contain additional instructions or provisions specific
to the authorized work for the purpose of clarifying certain aspects of this
Agreement pertinent to the work to be undertaken. Such supplemental instruction
or provisions shall not be construed as a modification of this Agreement.
Authorizations shall be dated and serially numbered.
7.3 The CONTRACTOR shall not assign, sublet or transfer any rights under or
interest in (including, but not without limitations, moneys that may become due or
moneys that are due) this agreement or subsequent Work Assignment without
the written consent of the COUNTY, except to the extent that any assignment,
subletting, or transfer is mandated by law or the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in any written consent
to any assignment, no assignment will release or discharge the assignor from
any duty or responsibility under this agreement
Section 8. NOTICES
All notices, requests and authorizations provided for herein shall be in a signed
document and shall be delivered or mailed to the addresses as follows:
To the COUNTY:
Monroe County Board of County Commissioners
c/o Monroe County Growth Management Division
2798 Overseas Highway, Suite 410
Marathon, Florida 33050
Attention: Division Director
To the CONTRACTOR:
Aquatic Vegetation Control, Inc.
2051 Martin Luther King Boulevard, Suite 301
Riviera Beach, Florida 33404
or addressed to either party at such other addresses as such party shall hereinafter
furnish to the other party in writing. Each such notice, request, or authorization shall be
deemed to have been duly given when so delivered, or, if mailed, when deposited in the
mails, registered, postage paid.
Section 9. RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied, Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the agreement
and for four years following the termination of this Agreement. If an auditor employed by
the COUNTY or Clerk determines that moneys paid to CONTRACTOR pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the
CONTRACTOR shall repay the moneys together with interest calculated pursuant to
Sec. 55.03, FS, running from the date the moneys were paid to CONTRACTOR
Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020~
1990
The CONTRACTOR warrants that it has not employed, retained or otherwise had act on
its behalf any former County officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in
its discretion, terminate this agreement without liability and may also, In its discretion,
deduct from the agreement or purchase price, or otherwise recover the full amount of
any fee, commission, percentage, gift, or consideration paid to the former County officer
or employee.
Section 11. CONVICTED VENDOR
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not perform work as
a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under contract with any
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017 of the Florida Statutes, for the Category
two for a period of 36 months from the date of being placed on the convicted vendor list.
Section 12. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR
agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
Section 13. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof
to any circumstance or person) shall be declared invalid or unenforceable to any extent
by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms, covenants, conditions and provisions of this Agreement would prevent
the accomplishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision,
Section 14. ATTORNEY'S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket \expenses, as
an award against the non-prevailing party, and shall include attorney's fees, courts
costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance
with the Florida Rules of Civil Procedure and usual and customary procedures required
by the circuit court of Monroe County.
Section 15. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
Section 16. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each
of the parties. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be discussed at a public meeting of the Board of
County Commissioners. If the issue or issues are still not resolved to the satisfaction of
the parties, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law. This Agreement is not subjection to
arbitration.
Section 18. COOPERA lION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, COUNTY
and CONTRACTOR agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement
COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be
required to enter into any arbitration proceedings related to this Agreement
Section 19. NONDISCRIMINA liON
COUNTY and CONTRACTOR agree that trlere will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order.
COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, and
all local ordinances, as applicable, relating to nondiscrimination. These include but are
not limited to: Title VlI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-61 07)
which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; The Public Health Service Act of 1912, ss. 523 and
527 (42 USC 55. 690dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patent records; Title VIII of the Civil Rights Act of 1968 (42 USC
s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be
amended from time to time, relating to nondiscrimination on the basis of disability; Any
other nondiscrimination provisions in any Federal or state statutes which may apply to
the parties to, or the subject matter of, this Agreement.
Section 20. COVENANT OF NO INTEREST
COUNTY and CONTRACTOR covenant that neither presently has any interest, and
shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement
Section 21. CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
Section 22. NO SOLICITATION/PAYMENT
The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or agreed
to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement
For the breach or violation of the provision, the CONTRACTOR agrees that the
COUNTY shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
Section 23. PUBLIC ACCESS
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and
the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of
this provision by CONTRACTOR.
Section 24. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
COUNTY and the CONTRACTOR in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent
of liability coverage, nor shall any contract entered into by the COUNTY be required to
contain any provision for waiver.
Section 25. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws. ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or
employees of the COUNTY, when performing their respective functions under this
Agreement within the territorial limits of the COUNTY shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES. This Agreement is not
intended to, nor shall it be construed as, relieving any participating entity from any
obligation or responsibility imposed upon the entity by law except to the extent of actual
and timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility- Further,
this Agreement is not intended to, nor shall it be construed as, authorizing the delegation
of the constitutional or statutory duties of the COUNTY, except to the extent permitted by
the Florida constitution, state statute, and case law. The CONTRACTOR shall be
responsible for the completeness and accuracy of its work, plan, supporting data, and
other documents prepared or compiled under its obligation for this project, and shall
correct at its expense all significant errors or omissions therein which may be disclosed.
The cost of the work necessary to correct those errors attributable to the CONTRACTOR
and any damage incurred by the COUNTY as a result of additional costs caused by such
errors shall be chargeable to the CONTRACTOR This provision shall not apply to any
maps, official records, contracts, or other data that may be provided by the COUNTY or
other public or semi-public agencies.
The CONTRACTOR agrees that no charges or claims for damages shall be made by it
for any delays or hindrances attributable to the COUNTY during the progress of any
portion of the services specified in this contract.
Section 27. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the COUNTY and the
CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in this Agreement.
Section 28. ATTEST A liONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
Section 29. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall
be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
Section 30. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any
such counterpart.
Section 31. SECTION HEADIGNS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
Section 32. INSURANCE POLICIES
32,1 General Insurance Requirements for Other Contractors and Subcontractors
As a pre-requisite of the work governed, or the goods supplied under this contract
(including the pre-staging of personnel and material), the CONTRACTOR shall obtain, at
his/her own expense, insurance as specified in any attached schedules, which are made
part of this contract. The CONTRACTOR wiii ensure that the insurance obtained will
extend protection to all Subcontractors engaged by the CONTRACTOR As an
alternative, the CONTRACTOR may require all Subcontractors to obtain insurance
consistent with the attached schedules.
The CONTRACTOR will not be permitted to commence work governed by this contract
(including pre-staging of personnel and material) until satisfactory evidence of the
required insurance has been furnished to the COUNTY as specified below. Delays in
the commencement of work, resulting from the failure of the CONTRACTOR to provide
satisfactory evidence of the required insurance, shall not extend deadlines specified in
this contract and any penalties and failture to perform assessments shall be imposed as
if the work commenced on the specified date and time, except for the CONTRACTOR's
failure to provide satisfactory evidence.
The CONTRACTOR shall maintain the required insurance throughout the entire term of
this contract and any extensions specified in the attached schedules. Failure to comply
with this provision may result in the immediate suspension of all work until the required
insurance has been reinstated or replaced. Delays in the completion of work resulting
from the failure of the CONTRACTOR to maintain the requird insurance shall not extend
deadlines specified in this contract and any penalties and failure to perform assessments
shall be imposed as jf the work had not been suspended, except for the
CONTRACTOR's failure to maintain the required insurance.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the
required insurance, either:
. Certificate of Insurance
or
. A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal.
material change, or reduction in coverage unless a minimum of thirty (30) days prior
notification is given to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as
relieving the Contractor from any liability or obligation assumed under this contract or
imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
32.2 INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND
CONTRACTOR
Prior to the commencement of work governed by this contract, the CONTRACTOR shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
. Premises Operations
. Bodily Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
32.3 VEHICLE UABIUTY INSURANCE REQUIREMENTS
Recognizing that the work governed by this contract requires the use of vehicles, the
CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability
Insurance. Coverage shall be maintained throughout the life of the contract and include,
as a minimum, liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
32A WORKERS' COMPENSATION INSURANCE REQUIREMENTS
Prior to commencement of work governed by this contract, the CONTRACTOR shall
obtain Workers' Compensation Insurance with limits sufficient to respond to the
applicable state statutes.
In addition, the CONTRACTOR shall obtain Employers' liability Insurance with limits of
not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by pisease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business
in the state of Florida.
If the CONTRACTOR has been approved by the Florida's Department of Labor as an
authorized self-insurer, the COUNTY shall recognize and honor the CONTRACTOR's
status, The CONTRACTOR may be required to submit a Letter of Authorization issued
by the Department of Labor and a Certificate of Insurance, providing details on the
CONTRACTOR's Excess Insurance Program,
If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will
be required, In addition, the CONTRACTOR may be required to submit updated
financial statements from the fund upon request from the County,
Section 33. iNDEMNIFICATION
The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the
COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and
Commissions, Officers, and the Employees, and any other agents, individually and
collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorneys
fees, or liability of any kind arising out of the sole negligent actions of the
CONTRACTOR or substantial and unnecessary delay caused by the willful
nonperformance of the CONTRACTOR and shall be solely responsible and answerable
for any and all accidents or injuries to persons or property arising out of its performance
of this contract The amount and type of insurance coverage requirements set forth
hereunder shall in no way be construed as limiting the scope of indemnity set forth in this
paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs
attendant to acts attributable to the sole negligent act of the CONTRACTOR.
At all times and for all purposes hereunder, the CONTRACTOR is an independent
contractor and not an employee of the Board of County Commissioners. No statement
contained in this agreement shall be construed so as to find the CONTRACTOR or any
of his/her employees, contractors, servants or agents to be employees of the Board of
County Commissioners for Monroe County. As an independent contractor the
CONTRACTOR shall provide independent professional judgment and comply with all
federal, state, and local statutes, ordinances, rules and regulations applicable to the
services to be provided.
(SEAL)
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK
OF MONROE COUNTY, FLORIDA
By
By
Mayor/Chairman
Deputy Clerk
(CORPORATE SEAL)
ATTEST:
(Name of Contractor)
",0,\ C "'4t:(".r,--rf'l JiOvJ
f~J(
By
Byr;:~ VioL
~0ub ), OL';;{:>;v' v, p.,
Print Name and Title
Date: 2 ~21 - .01
Print Name and Title
OR
(1
EXHIBIT A
SCOPE OF SERVICES
PROFESSIONAL SERVICES TO MANAGE REMOVAL OF INVASIVE EXOTIC PLANT
SPECIES ON THE FLORIDA KEYS OVERSEAS HERITAGE TRAIL AND FLORIDA
KEYS SCENIC HIGHWAY RIGHT*OF-WAY
PROJECT HISTORY
The Florida Keys Scenic Highway is a 106.5-mile corridor connecting the various island
communities that make up the Florida Keys. Many public and private conservation
landowners in the Florida Keys have been successful in removing invasive exotic
species from their land. This project expands work done throughout the Keys along the
Scenic Highway right-of-way. Following completion of the invasive exotic plant removal
on the right-of-way, the Scenic Highway Advisory Group will be working with private
landowners along the right-of-way to reduce seed sources on private lands.
A Corridor Advisory Group was established in 1996 as a sub-committee of Clean Florida
Keys, Inc. a local non-profit organization. This group provided the forum for public and
governmental participation and offered guidance in developing the corridor vision and
management plan that resulted in State Scenic Highway designation in June 2001.
Since designation, corridor management has been the responsibility of the State Scenic
Highway Advisory Group, 25 members representing public and private entities and
stakeholders along the island chain. The participation is diverse and includes: the
municipalities along the route-the City of Key West, the City of Marathon, the City of
Key Colony Beach, the City of Layton, and lslamorada, Village of Islands; Monroe
County; Florida Department of Transportation; Florida Department of Environmental
Protection; Florida Keys Council on the Arts; Monroe County Tourist Development
Council; Monroe County Historic Preservation Society; Clean Florida Keys, Inc. and
representatives from the five Chambers of Commerce.
PROJECT LOCATION
The project is located entirely within the bounds of the Florida Department of
Transportation's (FOOT) US Highway 1 right-of-way (ROW) and associated properties
(Le. bridge abutments and other FOOT-owned properties). The section of ROW covered
by this project runs from the western end of Stock Island at MM 4 to MM 106.5 on Key
Largo. The property is owned by the State of Florida and is managed by the FOOT.
Monroe County will provide a list of priority locations, which shall be treated first.
SCOPE OF WORK
The project consists of pulling or cutting all Florida Exotic Pest Plant Council (FLEPPC)-
listed woody species occurring within the ROWand associated properties, followed by
herbicide application, and chipping and disposal of all resulting biomass. The contractor
will manage the project including the scheduling, subcontracting as necessary, labor,
monitoring and reporting progress. The success of the project depends on the
thoroughness of invasive exotic removal.
Typically, the ROW includes mowed and unmowed vegetation, ranging from grasses to
large trees, on either side of the highway. Bridge abutments vary in their dimensions but
are all part of the project Every stretch of ROW has different species of concern but
Brazilian pepper, Australian pine, Asiatic colubrina, lead tree, seaside mahoe and non-
native scaevola are the most abundant.
Every exotic species woody listed by Florida EPPC will be either hand-pulled or cut
down and treated with appropriate herbidde as determined by the Monroe County Land
Steward. Every effort shall be made to avoid damage to native vegetation or wildlife.
The contractor is responsible for the initial treatment and removal of all the specified
exotic species including trees, shrubs, and woody vines regardless of the size or
reproductive state of the plant.
Each cut plant will be cut as low to the ground as possible. A dye shall be used to
facilitate identification of treated stems. Cuts will be made level to the ground to
minimize herbicide runoff prior to absorption. The herbicide will be applied using a low-
pressure spray to minimize drift and non-target damage. An appropriate herbicide will
be applied within one (1) minute of stump preparation.
All mature lead tree (Leucaena feucocepha/a) seeds will be bagged and disposed of at
the nearest transfer station. Transfer station receipts will be provided with reports as
proof of compliance with this requirement. All other vegetation debris will be chipped in
place.
The contractor will provide all necessary equipment to complete the project including
hand tools, chainsaws, chippers, vehicles, sprayers and personal protective equipment.
The contractor also will provide all materials for treatment (including herbicide and
adjuvants) and ensure proper disposal of herbicide and adjuvant containers and will
strictly adhere to all herbicide label application, precautionary, and safety statements.
All herbicide treatments shall be at least 95% effective in preventing re-sprout of treated
plants. If 95% kill rate is not achieved for any area of the project after two (2) months
past initial project completion; one additional treatment of the exotic plants in the
problem area will be the responsibility of the contractor.
Additional plant treatment or removal and non plant debris removal may be added to the
project by mutual agreement as field conditions warrant and funds permit. Such
agreements for additional work shall be made in writing and agreed to by signature of
both parties.
While notice to proceed will be issued as soon as possible after the contract is final, the
project timeframe may be adjusted depending on seasonal conditions. All work must be
completed by June 1 j 2007.
Workers must be supervised by an on-site crew supervisor at all times. Crew
supervisors must be herbicide applicators, certified by the Florida Department of
Agricultural and Consumer Services in the Forestry, Right-of-Way, or Aquatics category,
and in good standing with that Department. The County reserves the right to disqualify
prospective bidders who have violations of the Rules of Chapter 62C-20, F.AC., or other
state or federal laws or regulations related to pesticide use or aquatic plant control
resolved by mediation, Consent Order, or fine within the two (2) previous years.
Crew supervisors must meet with County staff on a regular basis to discuss the progress
of the project and to determine priority areas for treatment. The contractor shall
complete "Daily Progress Reports for Invasive Plant Control" and submit the completed
forms to the County every two weeks.
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
"Aquatic Vegetation Control warrents that he/it has not employed. retained or otherwise had act
on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance
No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-
1990. For breach or violation of this provision the County may, in its discretion, terminate this
Agreement without liability and may also, in its discretion, deduct from the Agreement or
purchase price, or otherwise recover, the fuli amount of any fee, commission, percentage, gift,
or consideration paid to the former County officer or employee."
..~I /~-'/
----j ~ (.,
(Signature) /'
~.
STATE OF:
2~'21-o>.)
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
by
(name of affiant)
me or has produced
--
-
as identification.
(type of identification)
~
.
/{i)tj(Ur y
ll). - 0 - ARYPuBLI
My Commission Expires:'
NON-COLLUSION AFFIDAVIT
I, Todd J. Olson, of the city of Riviera Beach, according to law on my oath, and under penalty of
perjury, depose and say that
1. I am the Executive Vice President of the firm of Aquatic Vegetation Control, the bidder
making the Proposal for the project described in the Request for Proposals for RFP-
GMD-30-335-2077PUR/CV and that I executed the said proposal with full authority to do
so;
2. the prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this bid have not
been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder
prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and
4. no attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition;
5. the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in this
affidavit in awarding contracts for said project.
Date: Z . 2.7 '01
STATE OF:
~pr//o7
(date)
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
by
he is personally known to
me or has produced
as identification.
(type of identification)
My Commission Expires: '
DRUG-FREE WORKPLACE FORIVl
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that
Aquatic Vegetation Control:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be impaosed upon employees
for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any
controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community , or any employee
who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
~.Jj.' (/{ (}1
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(Signature) {
STATE OF:
Date: '2 -2 f '07
COUNTY OF:
1
Subscribed and sworn to (or affirmed) before me on
by
(name of affiant)
@She is personally known to
me or has produced ~
(type of identification)
My Commission Expires:
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
CONTRACTOR under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287,017, for CATEGORY
TWO for a period of 36 months fro the date of being placed on the convicted vendor list."
I have read the above and state that neither AG0{jT!( V 'fib"! i~;Tt&'-J C{)0"f,0'"d~~spondent's name)
nor any Affiliate has been placed on the convicted vendor list within the iast 36 months,
"~ /7/
c:;;:~l' i.!~t!:&l // /1
{,/" v~,
(Signature) ,
Date: 2 "2 7 -CI
~
STATE OF:
COUNTY OF: ' 'I1n
Subscribed and sworn to (or affirmed) before me on
cJ-/1J- ? ~2
by Tcdd J ()l~r7
(name of affiant)
.~he is personally known to
me or has produced
---
as identification,
(type of identification)
My Commission Expires:
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED FOR INFORMATION PURPOSES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE OF LIABILITY INSURANCE DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED
DATE: (MM/DDIYYYY)
Marsh USA Inc.
600 Corporate Park Drive
St. Louis, MO 63105
Phone: (314) 512.2415
INSURERS:
BROKER:
A:
Discover Property & Casualty Ins. Co.
B:
c:
iNSURED:
Aquatic Vegetation Control, Inc. & 0:
Enterprise Rent-A-Car Company et al.
600 Corporate Park Drive
St. MO 63105
THE INSURANCE POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE iNSURED NAMED ABOVE FOR THE POLICY PERIOD LISTED,
NOTWiTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THiS
CERTIFICATE OF LIABILITY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES LISTED BELOW IS
SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGRATE LIMITS SHOWN MAY HAVE BEEN
REDUCED BY PAID CLAIMS.
COVERAGES:
INSURER TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS
LETTER
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE
OCCURENCE
AUTOMOBILE LIABILITY
r, ANY AUTO
H ALL OWNED AUTOS
l"J SCHEDULED AUTOS
~ HIRED AUTOS
[J NON-OWNED AUTOS
~ **See Below
GARAGE LIABILITY
ANY AUTO
D187A00010
222032
Combined Single LImit:
3/31/2006 3/31/2007 Bodily Injury per Person
BOdily Injury per Ace.
Property Damage:
$1,000,000
UMBRELLA
OTHER Than UMBRELLA Form
WORKERS COMPENSATION AND
EMPLOYERS'L1ABILlTY
DESCRIPTION:
Policy provides protection for ANY AND ALL OPERATIONS/JOBS pelformed by the named insured. Certificate holder is an addilional insured as their
interest appears. **Any vehicles leased from Enterprise Fleet Services Where the contract includes auto insurance coverage. Waiver of subrogation
,provided where required by written contract. Insurance is Primay and Non-Contributory.
wcm.c.... ....__ .....__......
HOLDER:
GPBR: 41
CANCELLA TIOH:
Monroe County Board of County Commissioners
1100 Simonton Street
Key West, FL 33040
SHOULD ANY OF THE ABOVE POLICIES BE CANCELLED BEFORE T30 EXPlRA nON
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND
UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED
@ Copyright Moonlit Enterprizes 1999, All Rights ReS$1V<ld
VENDOR ID:
25377
il$ re IS ",~h insurance as is afforded b those com nies,
Certificate of Insurance
This certificate is issued 1$ a mallei' of informaUQI'l only and coot.rs no right; upon you die certificate belde" This certificate is not an insumnce polley and d<>es nOI amend, extend, ," .lter lbe ."....rag.
afforded b lbe tid.s listed bel<>w,
This is to certify that (Name and address ofInsured)
BMOOOg
~ Liberty,
~ Mutual".
AQUATIC VEGET A nON CONTROL. INC.
2051 MARTIN LUTHER KING
RIVIERA BEACH, FL 33404-5917
is. at the issue date ofUtis certificate, insured by !he Company under lbe policy(ies) ilsted bolow, The insurance afforded by lbe listed poliey(ies) is subjeelto all their termS, exclusions and condit,,,,,< and
is notaltem:! b anv uiremen~ term or conditioo of an COntIllCt or other document with res ct to ",!ti.b lbis .ertificate ma be i:;sued,
iration T e EfT-lEx , Dat 5) Policv Number s
Continuous* 04/0112006 ! 0410 112007 WC2-151.275208-096
$4,000,000 Gen Agg, Limit
$4,000,000 Products Completed Ops,
Umbrella Excess $4 000 000 Bodil Inj , Pro Dam,
General Liability Deductible: $10,000 Combined BlIPDI ALAE Per Occurrence. - RE: THE CERTlFlCA TE HOLDER IS LISTED AS ADDITIONAL INSURED WITH
RESPECT TO GENERAL LIABILITY COVERAGE (LG 3220),
x
Extended
Policy Tenn
Workers Compensation
0410112006/04/0112007 T82-151-275208.116
General Liability
Claims Made
X Occurrence
Retro Date
04/0112006/04/0112007 AS2.151.275208-106
Automobile Liability
X Owned
X Non-Owned
X Hired
04/0112006/04/0l/2oo7
TH2-651-275208-136
Limits of Liability
Coverage afforded underWC law of Employers Liability
the following states:
FL
Bodily Injury By Accident
$500,000 Each Accident
Bodily Injury By Disease
$500,000 Policy Limit
Bodily Injury By Disease
$500,000 Each Person
General Aggregate~Other than Prod/Completed Operations
$2,000,000
Products/Completed Operations Aggregate
$2,000 000
Bodily Injury and Property Damage Liability
$1,000,000
Personal and Advertising Injury
$1,000,000
Other Liability Other Liability
$100,000 Prem Rtd to YOU $5,000 Med Pay
Each Accident" Single Limit - B. l. and P. D. Combined
$1,000,000
Each Person
Per
Occurrence
Per Person /
Orcranization
Each Accident or Occurrence
Each Accident or Occurrence
c
o
M
i\l
E
N
TI
S
"lfth. certificate expiration date is continuous or extended term. you will be notified ir coverage is tenninated or reduced before the certificar. .xpirat;on date_ However. you will not be notified annually of
the continuation of covemge.
Special Notice. Ohio: Any pe""'n who, with inlenllO defraud or kno"'ing lbat he I she is fadlimting: a fraud again.t an insurer, submits an application Of tiles a claim containing a false or
deceptive statement is guUty of inSUlUnCe fraud
Important infomtation to Florida pollcyholders and certifi.ate bolder.: in the event you ltave any questions or need information a!Nut this certificnle for any reason, please conl8Ct your local sal.. producer,
wbose name ""d telephone number appelU'S in the lower left ""mer of lbis c.rtificate. ~ appropriate local ""les office mailing address may also be obtained by caUing Utis numb...
Notioe of cancellation: (not applicable unless a number of days is entered below) B<fore the stated expiration date the company will not concel or reduce the insuran:;zC afforde uoder the .bove
policies until.1 least 30 days notice of sllOh cancellation has been mailed to _
~ A'4'~--)
Office: IT LAUDERDALE, FL-COMMERCIAL MKTS Phone: 954-851-1050 y
KEVIN GUERNSEY
Certificate Holder.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
1100 SIMONTON STREET
KEY WEST, FL 33040
Authorized Re resentative
DateIssued: 02/27j2007 PreparedBy: LW
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 21, 2007
Division: Growth Management
Bulk Hem: Yes X
No
Department: Planning & Environmental ResourceJi
Staff Contact Person: Joseph Habennan, Planner
AGENDA ITEM WORDING:
Mote Marine Laboratory, Inc. is requesting an exemption from the Non-Residential Rate of Growth Ordinance
(NROGO) permit allocation system, pursuant to Sec. 9.5-124.3(a)(4) of the Monroe County Code. The property is
legally described as lots 14-20, Block 2, Summerland Key Cove Addition No.2, Summerland Key, Monroe County,
Florida, having real estate numbers 00190870.000000; 00190880.000000; 00190890.000000; 00190900,000000;
001909 J 0.000000; 00 J 90920.000000 & 00190930.000000.
ITEM BACKGROUND:
The Planning Commission held a public hearing in Marathon on December 6,2006 and based on the facts presented
at the meeting, the Planning Commission recommended approval of the item to the Board of County Commissioners
as indicated in Resolution No. POg-07.
PREVIOUS RELEVANT BOCe ACTION:
On December 20, 200], the BOCC passed Resolution 504-200 I which granted a previous request by Mote Marine
Laboratory for an exemption trom the Non-Residential Rate of Growth Ordinance (NROGO) permit allocation
system in order to convert existing residential floor area to non-residential floor area at the research facility on
Summerland Key.
CONTRACT/AGREEMENT CHANGES: N!A
STAfF RECOMMENDATIONS: Approval
TOTAL COST: N/A
BUDGETED: Yes
No N/ A
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes N!A No
AMOUNT PER MONTH: N!A YEAR:
APPROVED BY: County Attomey: _X_
OMB / Purchasing: _ Risk Management:
DOCUMENTATION: Included
Not Required
DISPOSITION:
AGENDA ITEM #
EXEMPTION FROM THE NON-
RESIDENTIALRA TE OF GROWTH
ORDINANCE (NROGO) PERMIT
ALLOCA TION SYSTEM
BOARD OF COUNTY COMMISSIONERS
MARATHON
MARCH 21,2007
EXEMPTION FROM THE NON-
RESIDENTIAL RATE OF GROWTH
ORDINANCE (NROGO) PERMIT
ALLOCATION SYSTEM
MOTE MARINE LABORATORY, INC. IS REQUESTING AN
EXEMPTION FROM THE NON-RESIDENTIAL RATE OF
GROVVTH ORDINANCE (NROGO) PERMIT ALLOCATION
SYSTEM, PURSUANT TO SEC. 9.5-124.3(A)(4) OF THE MONROE
COUNTY CODE. THE PROPERTY IS LEGALLY DESCRIBED AS
LOTS 14-20, BLOCK 2, SUMMERLAND KEY COVE ADDITION
NUMBER 2, SUMMERLAND KEY, MONROE COUNTY,
FLORIDA, HAVING REAL ESTATE NUMBERS 00190870.000000;
00190880.000000; 00190890.000000; 00190900.000000; 00190910.000000;
00190920.000000 & 00190930.000000.
RECOMMENDATIONS
Staff: Approval
PC: Approval
November I?, 2006
December 6, 2006
Staff Report
Resolution No. POB-O?
BOCCResolution
RESOLUTION NO. ~2007
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
BY MOTE MARINE LABORATORY, INC FOR AN
EXEMPTION OF 1,152 SQUARE FEET FROM THE NON-
RESIDENTIAL RATE OF GROWTH ORDINANCE (NROGO)
PERMIT ALLOCATION SYSTEM, IN ACCORDANCE WITH
POLICY 101.3.4 OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN.
WHEREAS, Policy 101.3.4 of the Monroe County Year 2010 Comprehensive
Plan allows the Board of County Commissioners to exempt federally tax exempt non~
profit organizations from the requirements of the non-residential permit allocation system
following a finding by the Monroe County Planning Commission that such activity will
predominately serve Monroe County's non-transient population and not adversely impact
the hurricane evacuation clearance time of Monroe County; and
WHEREAS, Mote Marine Laboratory, loc has requested an exemption from the
Non-Residential Rate of Growth (NROGO) permit allocation system; and
WHEREAS, the subject property is located at 24244 US Highway 1,
Summerland Key, Florida and is legally described as lots 14-20, Block 2, Summerland
Key Cove Addition Number 2, Summerland Key, having Real Estate Numbers
00190870.000000; 00190880.000000; 00190890.000000; 00190900.000000;
00190910.000000; 00190920.000000 & 00190930.000000; and
WHEREAS, during a regularly scheduled meeting held on December 6, 2006,
the Monroe County Planning Commission conducted a review and consideration of the
request filed by Mote Marine Laboratory, Inc, and recommended approval of the request
to the Board of County Commissioners based on the following Findings of Fact and
Conclusions of Law:
1. An exemption to the Non~Residential Rate of Growth Ordinance (NROGO)
permit allocation system is required to construct a l,152 square foot coral
culture greenhouse at Mote Marine Laboratory's existing research facility on
Summerland Key. The proposed greenhouse would serve as a coral genetic
bank and provide a laboratory setting for researchers to study corals and repair
weather and man-made damage to reefs; and
2. The proposed non-residential development is considered an institutional use
and may be permitted as-of~right in the Sub Urban Commercial (SC) Land
Use District: and
3. The proposed non-residential development will result in 1,152 square feet of
new non-residential floor area on the subject property~ and
4. In accordance with Policy 101.3.4 of the Monroe County Year 2010
Comprehensive Plan and Section 9.5-124.3(4) of the Monroe County Code,
the Planning Commission may recommend an exemption from the NROGO
for development activity for certain not-for-profit organizations.
Pursuant to Section 9.5-124.3(4), the NROGO shall not apply to non-
residential development activity by federally tax exempt not-for-profit
educational, scientific, religious, social, cultural and recreational orga.'1izations
which predominately serve the county's permanent population if approved by
the Planning Commission after review by the Planning Director. This not-for-
profit exemption is not applicable to non-residential development proposed
within those areas proposed for acquisition by governmental agencies for the
purpose of resource protection. Non-residential development approved under
this section may not be changed to a for-profit use without permit approvals
and a NROGO application for and receipt of a floor area allocation; and
5. Mote Marine Laboratory, Inc is a federally tax exempt not-for-profit
organization~ and
6. Mote Marine Laboratory's research facility on Summerland Key is a fully
equipped marine science facility dedicated to marine research and education
in the Florida Keys. Therefore, this use predominately serves the County's
penn anent population; and
7, The proposed non-residential development is not within an area proposed for
acquisition~ and
&, On December 20, 2001, the Board of County Commissioners passed
Resolution 504-2001 which granted a previous request by Mote Marine
Laboratory for an exemption from the NROGO in order to convert existing
residential floor area to non-residential floor area at the research facility on
Summerland Key. The Planning Commission provided a recommendation of
approval at their meeting on October 10, 2001, which was recorded in
Resolution P6&-Ol; and
WHEREAS, the Board of County Commissioners has duly considered the
recommendations, Findings of Fact and Conclusions of Law of the Monroe County
Planning Commission and adopts them as their own; and
NOW THEREFORE, BE IT RESOL VEn BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS, that the preceding Findings of Fact and
Conclusions of Law support their decision to APPROVE the request by Mote Marine
Laboratory, Inc for an exemption of 1,152 square feet from the Non-Residential Rate of
Growth Ordinance (NROGO) permit allocation system pursuant to Policy 101.3.4 of the
Monroe County Year 2010 Comprehensive Plan, subject to the following condition:
1. Any approved non~residential development may not be changed to a for~pro:fit
use without permit approvals and a NROGO application for and receipt of a
non-residential floor area allocation.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting held on the 2151 day of March, 2007.
Mayor Mario Di Gennaro
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner Charles McCoy
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Mario Di Gennaro
(SEAL)
A TIEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Oate
Planning Commission Resolution No. P08-07
PLANNING COMMISSION RESOLUTION NO. P08-07
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROV AL OF THE
REQUEST BY MOTE MARINE LABORATORY, INC FOR AN
EXEMPTION OF 1,152 SQUARE FEET FROM THE NON-
RESIDENTIAL RATE OF GROWTH ORDINANCE (NROGO)
PERMIT ALLOCATION SYSTEM, IN ACCORDANCE WITH
POLICY 101.3.4 OF THE MONROE COUNTY YEAR 2010
COMPREHENSIVE PLAN.
WHEREAS, during a regularly scheduled meeting held on December 6, 2006,
the Monroe County Planning Commission conducted a review and consideration of the
request filed by Mote Marine Laboratory, Inc; and
WHEREAS, the subject property is located at 24244 US Highway 1,
Summerland Key, Florida and is legally described as lots 14-20, Block 2, Summerland
Key Cove Addition Number 2, Summerland Key, having Real Estate Numbers
00190870.000000; 00190880.000000: 00190890.000000; 00190900.000000;
00190910.000000; 00190920.000000 & 00190930.000000; and
WHEREAS, the subject property is located in a Sub Urban Commercial (SC)
Ioand Use District and has a Future Land Use Map (FLUM) designation of Mixed Use I
Commercial (MC); and
WHEREAS, the Monroe County Planning Commission was presented with the
following information, which by reference is hereby incorporated as part of the record of
said hearing:
1. The request of Mote Marine Laboratory, Inc; and
2. StatT report prepared by Joseph Haberman, Monroe County Planner, dated
November 17, 2006; and
3. Sworn testimony of Monroe County Growth Management Division Stat1~ and
WHEREAS, the Monroe County Planning Commission makes the following
Findings of Fact and Conclusions of Law:
1. An exemption to the Non-Residential Rate of Growth Ordinance (NROGO)
permit allocation system is required to construct aI, 152 square foot coral
culture greenhouse at Mote Marine Laboratory's existing research facility on
Summerland Key. The proposed greenhouse would serve as a coral genetic
bank and provide a laboratory setting tor researchers to study corals and repair
weather and man-made damage to reefs; and
2. The proposed non-residential development is considered an institutional use
and may be permitted as-of.-right in the Sub Urban Commercial (SC) Land
Use District; and
3. The proposed non-residential development will result in 1,152 square feet of
new non-residential floor area on the subject property; and
4. In accordance with Policy 101.3.4 of the Monroe County Year 2010
Comprehensive Plan and Section 9.5-124.3(4) of the Monroe County Code,
the Planning Commission may recommend an exemptionfTom the NROGO
for development activity for certain not-for-profit organizations.
Pursuant to Section 9.5-124.3(4), the NROGO shall not apply to non-
residential development activity by tederally tax exempt not-for-profit
educational, scientific, religious, social, cultural and recreational organizations
which predominately serve the county's permanent population if approved by
the Planning Commission after review by the Planning Director. This not-for-
profit exemption is not applicable to non-residential development proposed
within those areas proposed for acquisition by governmental agencies for the
purpose of resource protection. Non-residential development approved under
this section may not be changed to a for-profit use without permit approvals
and a NROGO application for and receipt of a floor area allocation; and
5. Mote Marine Laboratory, Inc is a federally tax exempt not-for-profit
organization; and
6. Mote Marine Laboratory's research facility on SummerIand Key is a fully
equipped marine science facility dedicated to marine research and education
in the Florida Keys. Thereby, it predominately serves the county's permanent
population; and
7. The proposed non-residential development is not within an area proposed for
acquisition; and
8. On December 20, 2001, the Board of County Commissioners passed
Resolution 504-2001 which granted a previous request by Mote Marine
Laboratory for an exemption from the NROGO in order to convert existing
residential floor area to non-residential Hoar area at the research facility on
Summerland Key. The Planning Commission provided a recommendation of
approval at their meeting on October 10, 2001, which \vas recorded in
Resolution P68-0 1; and
NOW THEREFORE, BE IT RESOL VED BY TIlE PLANNING
COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of
Fact and Conclusions of Law support its decision to recommend APPROVAL to the
Board of County Commissioners of the request by Mote Marine Laboratory, lne for an
exemption of 1,152 square feet from the Non-Residential Rate of Growth Ordinance
(NROGO) permit allocation system pursuant to Policy 101.3.4 of the Monroe County
Year 2010 Comprehensive Plan, subject to the tollowing condition:
1. Any approved non-residential development may not be changed to a for-profit
use without pelmit approvals and a NROGO application for and receipt of a
non-residential Hoor area allocation.
PASSED AND ADOPTED BY THE PLANNING COMMISION of Monroe
County, Florida, at a regular meeting held on the 6th day of December, 2006.
Chair Cameron YES
Vice-Chair Wall YES
Commissioner Cates Deal YES
Commissioner Windle YES
Commissioner Popham YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
BY
James Cameron, Chair
Signed this ~~~
day of
.2007.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 21 .2007
Division:
Growth Management
Bulk Item: Yes ~
No
Depmiment: Building
Staff Contact Person: Dianne Bair. CFM
AGENDA ITEM WORDING:
Approval of a request by Vantage Property Development, LLC., for a floodplain variance to section
9.5-3 1 7(2)b. in order to construct a 6,842 square foot CBS ground level enclosure for parking of
vehicles below an elevated building at 21460 Overseas Highway, Cudjoe Key, RE#OO 17511 0.000000.
ITEM BACKGROUND:
Enclosed areas below non residential elevated structures located in VE Hood zones are limited to 300
square feet. A variance to this size limitation may be approved provided the construction is consistent
with the Federal standards and criteria for Floodplain Mmlagement as set fOllh in section 9.5-317(b) (5)
Coastal high hazard areas. This structure will be located at the furthermost landward end of a VE 11'
Hood zone. The enclosed area below the non-residential structure will be used tor the parking of
vehicles only.
PREVIOUS R.:VELANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATIONS:
Approval
TOT AL COST: -0-
BUDGETED: Yes No -,,0-
COST TO COUNTY: .;0-
SOURCE OF FUNDS: -0-
REVENUE PRODUCING: Yes
No lL AMOUNT PER MONTH_ Year
APPROVED BY: County Atty NIl\. OMB/Purchasing N/A
Risk Management N/A
DOCUMENTA TION:
Included X
Not Required,"__"__,
DISPOSITION:
AGENDA ITEM #
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TABLE OF COIVTENTS:
Part a:
Staff Repoli
Letters of Notification
Part b:
Flood Variance Application
Site Plan
Building Detail
Photos
Affidavit to be filed with Clerk of Court
Part c:
Receipt
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Part a:
STAFF REPORT
LETTERS OF1VOTIFICATION
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MEMORANDUM
MONROE COUNTY PLANNING DEP ARTi\'IENT
We strive to be caringI professional and fttir
To:
Board of County Commissioners
From:
Dianne Bair CFl'vt Special Projects Administrator
Date:
Januarv 19I 2007
RE:
Flood Variance request for a 6I842 square foot CBS limited storage and
parking area below the elevated building.
VARIANCE REQUEST:
As provided for in Article VII, Division 6 Variances to the floodplain management requirements,
Section 9-5-318 of the Monroe County Code, Vantage Property Development, LLC is requesting a
variance to section 9.5-3 17(2)b. of the Floodplain Management Ordinance "Non residential
Construction: Enclosed areas below an elevated structure at grade elevation for nonresidential,
commercial or industrial uses shall be permitted for limited storage or parking purposes
provided that they are anchored to prevent floatation, collapse or lateral movement of the
structure and do not exceed three hundred (300) square feet of enclosed area and are in
compliance with the requirements of subsection 9.5-317(b)(5)g. for V zones or 9.5-317(b)(1)d.(i)
for A zones.
BASIS OF REQUEST:
Vantage Property Development, LLC. is requesting a variance to the 300 square foot size limitation in
order to construct a 6842 square foot enclosed area below an elevated non-residential structures located
in a VE zone. The purpose of the request is to enhance the look of the building, provide greater
functionality (covered parking) and blend in better with the neighborhood.
STAFF REVIEW OF VARIANCE REQUEST:
The National Flood Insurance variance criteria are based on the general principal of zoning law that
variances perta.in to a piece of property and are not personal in nature. A properly issued variance is
granted ftJr a parcel of property with physical characteristics so unusual that complying with the
ordinance would create an exceptional hardship to the applic[U1t or the surrounding property owners.
Those characteristics must be unique to that property and not shared by adjacent parcels. The unique
characteristics must pertain to the land itself: not to the structure, its inhabitants, or the property
owners. While this request does not meet these criteria, it is not to the use, only to the size.
(l) In accordance with Section 9.5-3 I 8(c)(l) of the Monroe County Code variances shall be issued
only upon a determination that the variance is the minimum necessary, considering the flood hazard, to
at1()rd relief: and only upon ALL the following conditions:
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a. Sltowing of good and sufficient cause:
The applicant has demonstrated good and sufficient cause. The request is to the size of the structure
only. This is the minimum variance necessary in that it wiII comply with all other floodplain
management requirements. The structure wiII be restricted to parking of vehicles and limited storage
only as defined in Section 9.5-316.2(1) and will meet the VE-zone engineered breakaway wall
requirements of Section 9.5-317(b)(5)g. This is consistent with both the Federal standards and the
requirements of the Monroe County Floodplain Management Ordinance.
b. A determination tltatfailure togrant tlte variance will result in
exceptional hardship to the applicant:
Failure to grant this variance will result in an exceptional hardship to this applicant in the fact that
variances to the size limitation contained in Section 9.5-317(2)(b) have previously been approved by
the Board of County Commissioners for other applicants. This variance is to the enclosure size only.
The proposal meets the intent and purpose set forth in Section 9.5-315 and conditions of 9.5-
317(b)(5)g. of the Monroe County Code.
c. A determination that granting the variance will not result in increased flood Iteights, additional
threats to public safety; extraordinary public expense; nuisance;fraud on or victimization of the
public, or conflict with other provisions of this chapter.
Properly engineered and constructed breakaway walls will break away from the columns, slab and tie
beam at a specific safe load design which will not cause damage to the building and will not increase
flood heights. Parking of vehicles will be the only use of the enclosed area. Vehicles will not be
parked in the building during a hurricane. As a result of these conditions granting this variance will
not increase the flood heights, or result in additional threats to public satety. However, the granting of
this variance will significantly increase the yearly flood insurance premium from $2,294.00 per year to
$9,405.00 per year. Future O\vners may purchase this propet1y unaware that it is subject to high
insurance rates. Therefore in order to provide a safeguard and avoid fraud and victimization, an
affidavit to be filed with the clerk of the courts addressing this cost, locatable through a title search is a
condition of a recommendation of approval of this variance.
(2) THE FOLLOWING FACTORS SHALL BE RELEVANTIlV GRANTING THE
VARIANCE:
a. Physical characteristics of construction;
'rhe construction will be in compliance with all Federal standards set f()rth in 60.3 CFR, Florida
Building Codes and the breakaway and use standards set forth in the Monroe County floodplain
management standards Section 9.5-317(b)(5)g. The use is parking of vehicles only and no vehicles are
to be len parked in the enclosure during a hurricane.
b. W'hether it is possible to use the property by a conforming method of
construction;
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The property could be used as an un-enclosed building or with only a 299 square f()ot enclosed area.
However, enclosing the ground level is for aesthetic purposes. The use, parking of vehicles, conforms
to all other conditions and requirements EXCEPT the size limitations prescribed in the Monroe County
Code. Other variances to the enclosure size limitations have been granted in the past
c. The possibility that materials may be swept onto other lands to the injury of others;
A properly designed and constructed un-reinforced masonry breakaway wall is expected to fail at the
mortar joints between the masonry units, beginning near the stillwater level, where the pressure on the
wall is greatest. It is possible that even properly designed and constructedbreak,away walls may be
swept ohto other lands along with normal water borne debris associated with coastal tidal surge. The
only significant difference with this breakaway enclosure and other 299 square foot breakaway
enclosures is the size. However, this enclosure will be located at the furthest landward edge of the VE
zone away from the ocean which is the best possible site considering the tidal surge risk and provides
the least exposure of materials being swept away.
d. The danger to life and property due to flooding or erosion damage.
There will be no danger to life or property. The elevated building is properly anchored to resist
collapse, floatation and lateral movement. The business will be closed during a storm. There should
be nothing in the enclosed area during hurricane flood conditions.
e. The susceptibility of the proposed facility and its contents to flood
damage and the effects of such damage on the individual owner;
The building itself will be constructed with materials and methods that will prevent flotation collapse
and lateral movement. The bottom of the beam of the elevated building is at 14 feet above mean sea
level and the base Hood elevation is I I feet above mean sea level. The building has a freeboard
protection factor 3 feet above the required base Hood elevation. There are to be no contents or
vehicles in the enclosed parking area during a hurricane and there should be no damage posed by flood
to the building, or the contents or the owner, except for the collapse of the breakaway wall system.
f. The importance to the community of the services provided by tlte
proposed facility;
This is not applicable since the variance is to the size limitation for an enclosed area below an elevated
commercial building t1)[ aesthetic purposes and parking.
g. The necessity of tlte facility of a water dependent location where applicable;
This is not applicable. This is not a water dependent facility.
It. The availability of alternative locations less suNect to flooding;
The elevated building is already in place and was permitted in the VE zone. The location of the
building is at the landward limits of the VE zone away from the ocean.
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i. The compatibility of the proposed use with existing and anticipated development;
The elevated building is in a Suburban Commercial land use district and the use and construction is
compatible with both existing commercial uses and anticipated commercial uses. The variance is only
to the size of the enclosure and the enclosure not the use of the enclosure.
j. The relationship of the proposed use to the comprehensive plan, land development
regulations and the floodplain management program for the area;
Parking of vehicles under elevated buildings is NOT inconsistent with the goals, objectives and
policies of the l"vfonroe County Year 20] () Comprehensive Plan and the Monroe County floodplain
management program.
k. The safety and access to the property for ordinary and emergency vehicles in times of
flooding;
Coastal tloods are generated by hurricanes in Monroe County. In the event of flooding from hurricane
conditions, the property would not be accessible tor emergency vehicles. However, this is true for the
entire County. There should be no occupancy of the elevated building or parking of vehicles on site
during hurricane conditions.
I. The expected heights, velocity, duration, rate of rise and sediment transport of the
floodwaters and the effects of wave action, if applicable, at the site;
There is a 1 % chance in any given year this site could experience flood waters reaching 11 (VE II) feet
above mean sea leveL The average ground elevation at this site is 4.5' to 5.1 MSL. This specific site
could be inundated with up to 6.5 feet of flood water. The velocity of the water would be that
associated with coastal VE tidal surge. The rate of rise and sediment transport is associated with
riverine t1oodconditions. However. debris impact and tlood bome contaminants associated with
coastal tidal surge would be expected.
nt. Tlte cost of providing governmental services during and afterflood
conditions, including maintenance and repair of puhlic utilities and facilities such as sewer,
gas, electrical and water systems and streets and bridges.
The building is constructed to VE zone standards. It is located with 100 teet of US 1. The building is
not to be occupied during hurricane conditions and would not impose any more of a cost f()f
governmental services during or atter the tlood than any other property with an enclosed area below the
elevated building.
CONCLUSIONS:
In conclusion the staff has determined that the applicant meets the criteria for a variance established in
Section 9.5-318 of the Monroe County Code.
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RECOMMENDATION:
Approve the variance request with the conditions that the attached affidavit stating the cost of the tlood
insurance for this building with the enclosure is four times the amount of the un-enclosed building be
filed with the Clerk of the Court, and certification be obtained from the engineer of record stating that
during an event the breakaway wall failure will not impact the sewer drains on east breakaway walls.
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County of Monroe
Growth Management Division
Office of the Director
2798 Overseas Highway
Suite #400
Marathon, FL 33050
Voice: (305) 289-25] 7
FAX: (305) 289-2854
Board of County Commissioners
Mayor Mario Di Gennaro, DisL 4
Mayor Pro Tern Dixie Spehar, DisC I
George Neugent, Dist. 2
Charles "Sonny" McCoy, Disc 3
Sylvia Murphy, Dist. 5
We strive to be caring, professional andfair
Vantage Propelty Development, LLC
\Valter P. Drabinski
20844 4th Avenue West
Cudjoe Key, Florida 33043
RE:
Flood Variance application for a 6,842 SF enclosure for parking purposes, below base
flood elevation.
Dear Mr. Drabiniski:
This is to inform you that your application for a flood variance has been scheduled to be heard before the
Board of County Commissioners on March 21, 2007. This meeting will be held at the Marathon
EOC/BOCC Chambers beginning at 9:00 A.M.
We have made a recommendation of approval with conditions for your request. If you have any
questions, do not hesitate to contact this office 305) 289-2518,
Sincerely, /}
(/\ S($;j/ i~_
1~)l.8fJlP/ I~, 0
Dianne Bair, CFM./
Special Projects Administrator
Growth Management Division
Part b:
FLOOD VARIANCE APPLICATION
SITE PLAN
BUILDING DETAIL
PHOTOS
AFFIDA VIT TO BE FILED WITH CLERK OF COURT
APPLICATION FOR VARIANCE TO FLOOD HAZARD ORDINANCE
;p:
Submitto: Monroe County Building Department Rt= rof15 t 10"
;;~--'\'\
( $ 50.00 ft for filing of application
\ /
,,~/ DATE If 7/fJp
w",,- H <II p. Dr~i v.:4
I I Y' ,{ ~t\. 'l-i I' >~ <;, /' 'f 'f . 71 v
APPLICANT'S NAME V<t,J't<tja, I fOr(2) ""7 t/J:J,,Je0f,vL.i>f../' j fr.. L L PHONE -' <(
APPLICANT'S MAILING ADDRESS ;lO :1' f.-( L[ ~ ~ ~ltu U. L} d : be k~ F t j]'D '1 <.
. _' <'~~. 1,." J , <I'
NAME OF PERSON SUBMITTING APPLICATION U...... It ~.r P 1~Jil;....b t,/J-
MAILING ADDRESS OF ABOVE )$.>#--<..
PROPERTY DESCRIPTION: KEY Cl~ LOT I -+- a BLOCK ~.
SUBDIVISION ~e.m.A- ~~
STREET OR ROAD . ~ CA-f2t'V\-A
EXPLAIN REQUEST FOR VARIANCE: (Drawings or photos if necessary!
1",.wf"t( br_~ ~T W4-!l:, I:; IZr'Jd61i2 r~'rJ; J iLr'A.J.e.
BHlEFL Y EXPLAIN WHY YOU BELIEVE YOUR REQUEST SHOULD BE GRANTED:
Jr~$1< lI..fb Jj fd (j..!:L r r~v:dQ. :J rco-~ e,r
f,J&Jjld jrJ ha-t\2,- 'd/+tA ,Je"";j h. ~orhOO(L
W / (! Yl rJ bOt'" L- e.
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. }
I/WE UNDERSTA!)lD THAT FLOOD INSURANCE RATES FOR IMPROVEMENTS BELOW THE REQUIRED ELEVATIONS
WilL RESULT IN HIGH PREMINUM RATES.
U~.FD~~
APPLICANT'S SIGNATURE
00 NOT WRITE BELOW THIS LINE
TO BE COMPLETED BY ZONING
r
DATE 1- /8-0 7
PROPERTY INSPECTED BY
COMMENTS Jt.e-.(~ ,j)(f./l.4'J1qLp tv ;(~J)fi")
PLEASE RETURN APPLlCA TION TO;
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NOTES:
u FOFi 5T~ ONL. Y (NOT ~ I-lUMAN 14A6ITATION)
2.) NO INTE~Ofiie FINISH.
::l-J NO MECHANICAL. ~ ELECT~ICA1.. EQUIPMENT TO aE IN5T A1..LEP
eELOW eAeE FLOOD ELEVATION.
4.) NO!:LeCTFlICA-LF01NT&MAY 6!:-INSTALLEP
eELOW eASE FLOOD ELEVATION.
5,) WAL.L5 TO ee el'tE.Al<AWAY .1ct>l2tD FeF. HOR LIVE LOAD.
6,) T14I5 PE5lGN 15 FOlQ 5~CTUI"t4L FURFO&E6 ON!.. Y AND Ie PE61GNED TO
WlTH6TAND DE6lGN WIND FOfiecee, euT NOT 14YD~eTATIC, WAve: AND
RUNUF ~E6 Ae60CIATlED WITH TI41:: DEelGIN STORM &URGE.
1,) INTERIOR FINl6H 6HAL.L NOT ADD 6TR1.JCTURAl.. 6TRENGTH TO TI-IE WALL.
V-ZONE BREAKAWAY WALLS
MASONRY WA([""'I)E-TAlL [fA
AFFIDAVIT FOR FLOOD VARIANCE
FOR VANTAGE PROPERTY DEVELOPMENT, LLC.
FOR LOTS 1 AND 2, SACARi\1A BAY SUBDIVISION
MONROE COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority personally appeared Walter P> Drabinski, as
a Managing Partner of Vantage Property Development, LLC, who$e address is 20844 4th
Avenue, Cudjoe Key, Florida 33042, who, being by me first duly sworn deposes and says:
I) That affiant{s) is/are the owner(s) in fee simple and bas/have possession
(except for tenants) of that certain real property, situate, lying and being in Monroe County, State
of Florida, described as follows:
RE#
Legal Description:
Address:
00175110-000000;00175120-000000
Lots I & 2 Sacanna Bay Subdivision
22814 Overseas Highway, Cudjoe Key,
Monroe County, Florida
2)
That affiant(s) acknowledge(s) that the above described property is located in
a VE 11 flood zone.
That a variance to the Floodplain Management provisions of the Florida Keys
Comprehensive Plan and Land Development Regulations adopted by the
Monroe County Board of County Commissioners on February 28, 1986, and
approved by the Administration Commission of the State of Florida on July
29, 1986, has been granted a variance for construction of a 6,842 square foot
enclosed area below the elevated building on the above-described property,
That the lowest floor of the 6,842 square foot enclosed area will be 5.57 feet
below the base flood elevation required on the above-described property.
Affhrnt(s)ucknoWledge(s) that the actuarial flood insurance rates increase as
the Ooor elevation decreases and, with the enclosed area approved by this
variance, the rates at this time are approximately four times greater than if no
enclosure is constructed below the elevated building and may remain higher
than if there was no enclosure.
3)
4)
5)
Walter P. Drabinski, as Managing Partner of
Vantage Property Development, LtC
Sworn to and subscribed before me this~_~__the day of~~______ 2007, who
has produced ~m~_____~_m___m_m~ as identification or is
personally known to me.
~~~~~~~~~----~ '___~~CCC'M.'OOO'___ "".~~^^~_--"--r__rc_
Notary Public
Part c.
THE FLOOD VARIANCE APPLICATION FEE
MONROE COUNTY ***LIVE***
Page
1 of
1
MISCELLANEOUS RECEIPT
RECEIPT #
RECEIPT DATE
94543
PRINT DATE
PRINT TIME
OPERATOR
COpy #
01/08/2007
12:01:45
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1
01/08/2007
RECEIVED BY
RECID. FROM
UDF 106.1
UDF 106.2
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CRONK
CASH DRAWER: 2
NOTES :
FEE ID
AMOUNT
THIS RCPT
BALANCE
FLOOD
50.00
50.00
0.00
-------......
.............---.---..................
........-.......-----
----.....................".,....
-...-.............--"""""""'"",..........-...
~~,~~oc_~~~
TOTALS:
50.00
50.00
0.00
METHOD OF PAYMENT
AMOUNT
NUMBER
CHECK
50.00
114
_....................................."-Yrl_____
......----------................
TOTAL RECEIPT :
50.00
MISC.
REFERENCE TYPE FEE ID
DATE........... .
TIME........... .
RECEIPT NUMBER. .
OPERATOR ID.....
CHECK. . . . . . . . . . .
TOTAL. . . . . . . . . . .
THIS REC
M
FLOOD
-~-------- ----------
50.00
01/08/07
12:01
94543
benderd
50,00
50,00