04/21/1994
INTERLOCAL AGREEMENT
FOR
GRANT OF FUNDS
THIS AGREEMENT dated the 23rd
day of
Mav
1994, is entered into by and between the BOARD OF COUNTY COMMIS-
SIONERS FOR MONROE COUNTY (hereinafter "County"), on behalf of
the TOURIST DEVELOPMENT COUNCIL (hereinafter "TDC"), and THE CITY
OF KEY WEST (hereinafter "City").
WHEREAS, the County has, \lpOn the recommendation of the TOC
and District I Advisory Committee, allocated tourist development
revenues to finance a beach improvement and restoration project
which includes Higgs Beach, a County-owned park, improvement and
restoration of the City-owned White Street Pier, as well as a
City-owned park adjacent to the White Street Pier, and Smathers
Beach, a City-owned park, all of which are located on the Island
of Key West or in the waters adjacent thereto, and
WHEREAS, the White Street Pier/Higgs Beach Project will
provid,e mitigation required by State of Florida agencies for the
Smathers Beach Project; and
WHEREAS, the City has the ability to act as construction
manager for the White Street Pier/Higgs Beach Project in order to
facili'tate the earliest possible completion of the project to
improve its tourism-attracting value,
WHEREAS, the County and City have determined that it is in
the best interests of the public to enter into this agreement to
expedite the project;
NOW, THEREFORE, in consideration of the mutual covenants and
promises contained herein, the County and the City have entered
into this agreement on the terms and conditions as set forth
below.
1. CONTRACT PERIOD. This agreement shall commence on the
date E!xecuted by both parties, and shall remain in effect until
the funds herein are expended unless one party gives to the other
writte!U notification of termination pursuant to and in compliance
with paragraphs 12 and 13 below.
2. SCOPE OF AGREEMENT. The City shall administer, coordi-
nate and contract for construction design and specifications and
the actual capital improvements necessary to complete the White
Street: Pier/Higgs Beach Project as described in the Department of
Environmental Regulation Intent to Issue, Exhibit A, which is
attached hereto and incorporated herein by reference.
County
shall contribute funds only for Higgs Beach and Rest Beach
realignment and renourishment, relocation of White Street storm
drainage outfall, White Street Fishing Pier Mitigation and
Minimum Approved Army Corps of Engineers Permit Conditions. Any
additi.ona1 services to be provided by the City shall require
amendment hereto or new agreements.
3.
AMOUNT OF AGREEMENT AND PAYMENT.
The County shall
provide an amount not to exceed $864,251.66 in reimbursement for
segments, specified herein. of the February 8, 1994, Opinion of
Probable Costs Associated With Key West Beach Improvements
Pending Detailed Construction Documents and Cost Estimates,
Exhibi.t B, which is attached hereto and incorporated herein by
2
reference. The segments covered by, and reimbursable under, this
agreement are those identified as "Higgs & Rest Beach Realign-
ment/White Street Fishing Pier Mitigation Project Minimum
Approve,d Permit Requirements." No portion of the Safety Related
Repairs & Improvements to Pier, Total Beachfront Park (Rest
Beach) Improvements, or Smathers Beach Renourishment (con-
struction only) segments of the document are included herein.
The County assumes no liability to fund this agreement for an
amount in excess of this award. Payment shall be made directly
to the City' s contractors and vendors upon presentation of in-
voices, cancelled checks and other documentation to support a
claim for reimbursement, such documentation being subject to
requirements of the Clerk of the Circuit Court.
4. REPORTS. The City shall provide financial reports in
summary of activity on forms provided or approved by the County,
and qusLrterly narrative reports of activity under the approved
work plan. The City shall keep such records as are necessary to
document the performance of the agreement and expenses as in-
curred, and give access to these records at the request of the
TDC, the County, the State of Florida, or authorized agents and
representatives of said government bodies. It is the respon-
sibility of the City to maintain appropriate records to insure a
proper accounting of all funds and expenditures. The City
understands that it shall be responsible for repayment of any and
all audit exceptions which are identified by the Auditor General
of the State of Florida, the Clerk of Court for Monroe County,
the Board of County Commissioners for Monroe County, or their
3
agents and representatives. In the event of an audit exception,
the current fiscal year grant award or subsequent grant awards
will be offset by the amount of the audit exception. In the
event the grant is not renewed or supplemented in future years,
the City will be billed by the County for the amount of the audit
exception and shall promptly repay any audit exception.
S. MODIFICATIONS AND AMENDMENTS. Any and all modifica-
tions of the terms of this agreement shall be amended in writing
and approved by both parties.
6. INDEPENDENT CONTRACTOR. At all times and for all
purposes hereunder, the City is an independent contractor and not
an employee of the Board of County Commissioners of Monroe
County. No statement contained in this agreement shall be
construed as to find the City or any of its employees, con-
tractors, servants or agents to be employees of the Board of
County Commissioners of Monroe CO\lnty, and they shall be entitled
to none of the rights, privileges or benefits of employees of
Monroe County.
7. COMPLIANCE WITH LAW. In carrying out its obligations
under this agreement, the City shall abide by all statutes,
ordinances, rules and regulations pertaining to or regulating the
provis ions of this agreement, inc luding those now in effect and
hereafter adopted. Any violation of said statutes, ordinances,
rules or regulations shall constitute a material breach of this
agreement and shall entitle the CO\lnty to terminate this contract
immediately upon delivery of written notice of termination to the
City. Any direct payment by County to any vendor or Contractor
4
of City for the services under this agreement shall not transfer
to Cou.nty responsibility for compliance with the Consultants I
Competitive Negotiation Act, Section 287.055, F. S., which sole
responsibility for assuring compliance shall remain with the
City.
8" RESTRICTIONS ON CONTRACTS ENTERED PURSUANT TO THIS
AGREEM}:NT. The City shall include in all contracts funded under
this agreement the following terms:
a) Anti-discrimination. Contractor and City
agree that they will not discriminate against any
employees or applicants for employment or against
pE~rsons for any other benefit or service under this
agreement because of their race, color, religion, sex,
national origin, or physical or mental handicap where
the handicap does not affect the ability of an indi-
vi.dual to perform in a position of employment, and to
abide by all federal and state laws regarding non-
di.scrimination.
b) Anti-kickback. Contractor warrants that no
pe.rson 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 employee or officer of the City has
any interest, financially or otherwise, in Contractor.
For breach or violation of this warranty, the City
shall have the right to annul this contract without
liability or, in its discretion, to deduct from the
5
contract price or consideration, the full amount of
such commission, percentage, brokerage or contingent
f,ee. Contractor acknowledges that it is aware that
funding for this contract is available at least in part
through the County and that violation of this para-
graph may result in the County withdrawing funding for
the White Street Pier/Higgs Beach Project.
c) Hold harmless/indemnification. (City shall
d,atermine and inc lude: )
Standard design/construction hold harm-
l,ass/indemnification provisions that will protect the
City, the County and the TDC from and against any and
all claims, liabilities, litigation, causes of action,
damages, costs, expenses, etc. arising directly or
indirectly from any negligence, errors, omissions or
criminal conduct on the part of the Contractor and any
Subcontractor in the performance of the terms of any
contracts resulting from the funding provided by the
County and any activities on County property.
d) Insurance. (At the City's discretion,) the
Contractor and Subcontractor shall be required to
provide any types of insurance and limits of such
insurance that will further protect the City, the
County and the TDC from the actions/inactions of the
Contractor and any Subcontractor in the performance of
the terms of any contracts resulting from the funding
provided by the County.
6
The City, the County and the TDC shall be named as
additional insureds where appropriate and the Monroe
County Risk Management shall be provided copies of all
c,ertificates of insurance upon execution of any con-
t:ract and upon renewal of the Contractor's insurance.
e) Authority. Contractor warrants that it is
authorized by law to engage in the performance of the
activities encompassed by the project herein described.
Each of the signatories for the Contractor below
certifies and warrants that the Contractor's name in
this agreement is the full name as designated in its
corporate charter (if a corporation); they are em-
p,)wered to act and contract for the Contractor, and
this agreement has been approved by the Board of
Directors of Contractor or other appropriate authority.
f) Licensing and Permits. Contractor warrants
that it shall have, prior to commencement of work under
this Agreement and at all times during said work, all
r'~quired licenses and permits whether federal, state,
County or City.
9. HOLD HARMLESS/INDEMNIFICATION. The City hereby agrees
to indemnify and hold harmless the County and TDC and any of
their officers and employees from and against any and all claims,
liabilities, litigation, causes of action, damages, costs,
eXpenSl!S, and the payment of any and all of the foregoing or any
demand!!, settlements or judgments arising directly or indirectly
under lthis agreement. The City shall immediately give notice to
7
the County of any suit, claim or action made against the City or
its Gontractors and/or Subcontractors that are related to the
activity under this agreement, and will cooperate with the County
in thE! investigation of any suit. action or claim related to the
design and/or construction activities contemplated by this
agreement.
10. ANTI-DISCRIMINATION. The City agrees that they will
not di.scriminate against any of their employees or applicants for
emplo)~ent or against persons for any benefit or service because
of thEdr race, color, religion, sex, national origin, or physical
or mental handicap where the handicap does not affect the ability
of an individual to perform in a position of employment, and to
abide by all federal and state laws regarding non-discrimination.
11. ANTI-KICKBACK. The City warrants that no person has
been employed or retained to solicit or secure this agreement
upon an agreement or understanding for a commission, percentage,
brokerage or contingent fee, and that no employee or officer of
the County or TDC has any interest, financially or otherwise, in
City, except for residency or employment within the City limits.
For blreach or violation of this warranty, the County shall have
the right to annul this contract without liability or, in its
discrE!tion, to deduct from the contract price or consideration,
the full amount of such commission, percentage, brokerage or
contingent fee.
12. TERMINATION. This agreement shall terminate when the
funds herein are expended. Termination prior thereto shall occur
whenever funds cannot be obtained or cannot be continued at
8
a level sufficient to allow for the continuation of this agree-
ment pursuant to the terms herein or when termination is deemed
by County to be in its best interests. In the event funds cannot
be obtained or cannot be continued at a level sufficient to allow
for the continuation of this agreement pursuant to the terms
specified herein, this agreement may then be terminated immedi-
ately by written notice of termination delivered in person or by
mail to the City. The County shall not be obligated to pay for
any se:rvices or goods provided by the City after the City has
receivE!d written notice of termination.
13. TERMINATION FOR BREACH OF AGREEMENT. The County may
immedialtely terminate this agreement for any breach of the terms
contained herein. Such termination shall take immediately upon
receipt: of written notice of said termination. Any waiver of any
breach of covenants herein contained to be kept and performed by
the City shall not be deemed or considered as a continuing waiver
and shall not operate to bar or prevent the County from declaring
a forfeiture for any succeeding breach either of the same con-
ditions: or of any other conditions.
H. ENTIRE AGREEMENT. This agreement constitutes the
entire agreement of the parties hereto with respect to the
subject matter hereof and supersedes any and all prior agreements
with respect to such subject matter between the City and the
County.
15. CONSENT TO JURISDICTION. This agreement, its perfor-
mance, and all disputes arising hereunder, shall be governed by
9
the la'ws of the State of Florida, and both parties agree that the
proper venue for any actions shall be in Monroe County.
16. NOTICE. Any written notice to be given to either party
under this agreement or related hereto shall be addressed and
delivered as follows:
For City:
City Attorney
525 Angela Street
Key West, Florida 33040
TDC Administrative Offices
3406 Roosevelt Boulevard
Key West, FL 33040
For County:
and
County Attorney
310 Fleming Street
Key West, FL 33040
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first above written.
DATE:
April 21, 1994
COUNTY COMMISSIONERS
COUNTY, FLORIDA
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
By
~v<~
a~rman
(SEAL)
At est: JOSEPHINE PARKER, Clerk
CITY OF KEY WEST, FLORIDA
By
DA
con
BY~~~ ~~A ~
City Manag r
APPRC)Vro AS TO FO~l.I
~ [~:GAL. BU. FFlel
Cy~....
[ ~->1),27?v
10
.,
.,
ITATI or rLoJtIDA
DIPARTMENT or EKVIROHKKMTAL RIGULATIO.
C . R T I . I B D
,
In the Matter ot an
Application tor Permit by:
Monroe County Board ot County
commissioners
clo Mr. Frank Butler
Post, Buckley, Shuh and
Jernigan, Inc.
513 Whitehead street
Key West, FL 33040
File No. 441670759
Monroe County
I
.'-"
!
IIrTIlII'1' '1'0 IIIUI
.
'rbe Departaen~ ot Environmental Regulation gives notice ot
its intent to issue a penait (dratt copy attached) tor the
proposed project as detailed in the application specitied above,
tor the reasons stated below.
The applicant, Monroe County.aoard.ot County C~issioners,
applied on July 3, 1919 to the Depart.ent ot Environaental
Regulation tor a perait/water quality certification to alter the
White .treet Pier and adjacent shoreline by: creatint two 35 foot
wide openings in the pier, constructing 8 toot wide pedestrian
walkways over the openings, aligning the existing shoreline on
eithel~ side ot the pier by eliminating the existing bulkhead along
Higgs Beach (immediately west ot the pier), excavating 0.248 ac.
ot uplands behind the bulkhead to create a new shoreline, placing
300 t1;. ot riprap along the new shoreline ot Higgs Beach, and
.
EXHIBIT A
.otioe of Intent
Monroe county loard of county coaai..ioner.
rile .0. 441'70751
Page a
extending the shoreline ot Rest Beach (immediately east of the
,
pier)1 waterward by filling approximately .302 ac. ot submerged
bottom with beach quality sand.
The project site is located on the southern shore of Key
West, at the terminus ot White street, Monroe County, Section 5,
Township 68 South, Range 25 East, within.the landward extent of
the Atlantic Ocean, Outstanding Florida Waters, Cla.. III water..
The Department has permitting juri.diction under Chapter 403,
Florida Statute. (F.S.), Title 17, Florida Admini.trative Code
(F.A.C.), and Public Law 92-500. "The.project i. not exempt from
permitting procedure.. The Department ha. determined that a
wetlandre.ource permit i. required tor the propo.ed work.
DCS_OVIID
The applicant applied on July 3, 1'" to re.tore saethera
"ach and renovate White Street pier and adjacent .horeline.. The
...thera leach re.toration wa. eventually deleted troa the
application. The pier renovation involve. creating two 35 foot
wide opening. in the White street pier, constructing' toot wide
walkway. over the opening., realigning the .horeline adjacent to
the pier, placing about 300 linear teet ot riprap along the newly
created .horeline and creating a new .horeline with beach quality
sand. The opening. in the pier would be located near the
.
shoreline and near the waterward limit ot the pier.
'ro realign the shoreline, an exi.ting bulkhead along Higgs
beach, ve.t ot the pier, and approximately 1.42 acre. ot uplands
lIotiCle of Intent
Monroe county Boar4 of county coaai..ioner.
rile 110. 441'7075'
'age 3
behind the bulkhead would be excavated and the material placed in
.
an upland dispo.al area without a point of di.charge to waters of
the state. The new Higgs Beach shoreline would be lined with 300
feet of riprap. The shoreline of Rest Beach, east of the pier,
would be extended waterward to cover a total of 0.6 acres of
submerged, muck covered bottom. Beach quality .and,.placed from
the landward side of Re.t Beach, will be u.ed for fill.
'rhe project is located along the south side of Key We.t, on
the Atlantic Ocean, where the waters are Cla.s III and out.tanding
.
Florida Water..
The pier. extend. about 1000 feet into the Atlantic Ocean and
i. .ade of .heetpile .ide., filled with a combination ot gravel
and .arl and capped with concrete. .It is not open now to
vehicular traftic except tor volt cart. and will not be in the
.
tuture, a. a re.ult ot this project. In its current
contiguration, the pier block. the littoral current tlow troa ea.t
to we.t. consequently, plant ..terial and litter ac~late and
decay on the ea.tern siele ot the pier, in tront of aeet "'ob,
which is a public beach. In .uaaer, the ottensive odor ot decay
pervade. the area. In addition, the once sandy and po.sibly
veqetated submerged bottom in the area ha. been deqraded by
build-.up of orqanic .uck and lack of .unliqht under the decayinq
matter..
Hiqq. beach, a public beach adjacent to the we.t side of the
.
pier, extends much further waterward than Re.t Beach. The current
contiguration ot Hiqq. .each would probably reduce the circulation
MoU,ce ot IDteDt
MODroe COUDty .oard ot County Co..issioDers
rile Mo. 441'7075'
I'ag'e 4
benefits obtained from opening' the pier near the .horeline.
,
Realiqninq both Hiqq. Seach and Re.t Seach .horeline. will
maximize the circulation benefits that.can be obtained from
openinq tha pier.
A. a re.ult of improved circulation, the applicant e.timate.
that 2 to 5 acre. of .ubmerqed bottom, currently deqraded by muck
accumulation, will be enhanced. The applicant al.o believe. that
.eaqra.. may beqin to colonize the area becau.e it exiet. further
off.hore.
Oriqinally, this application".l.o included re.tor.tion of
saather. .each, located about 1/2 .ile we.t of the pier. The
.pplic.nt .ubaitted the pier renov.tion .nd beach project toqether
hopinq that the benefit. of the pier. project could be .pplied to
otf.et iapact. of the be.ch project. Both project. .re intended
.
to enh.nce recre.tion opportunitie.. The beach project would till
.e.tra.. bed..net the pier project..y re.ult in re.tor.tion of
tra.. bed.. However, the potenti.l benetit. of the pier project
.re not expected to be .ufficient to ott.et .11 ot the ....rse
iapact. of be.ch re.toration. In .ddition, it w.. determined that
the de.iqn of the be.ch project did not ainiai.e .dver.e habit.t
impact. to the aaxiaua extent practic.ble. The beach project wa.
withdrawn from the .pplication and i. in the proce.. of beinq
.iqniticantly revi.ed to reduce .eaqra.. iapact.. The Department
has aqreed that water quality and recreational enh.nc..ent aake
.
this project clearly in the public intere.t. If .eaqra..
recolonize. the area, tho.e benetit. would be in exce.. of tho.e
\
.otioe of Intent
Monroe county Bo.rd of county coaai..ion.r.
rile Ro. 441'7075'
..;e 5
needed to make the pier pro~ect cl.arly in the public interest,
.nd could be .ppli.d to the r.vi..d beach proj.ct if needed. The
permittee will conduct D1onitorinq to d.termine the extent of
.eaqra.. r..toration realized from the pier project.
Thi. proj.ct i. not .xpected to cr.at. .iqnificant amount. of
turbidity. The sub.trate to b. .xcavated and that u..d for fill
will be beach quality .and. The p.raitt.. will submit qrain size
analy.i. for any .at.ri.l to b. plac.d on the beach. It the
.aterial ha. more than 10' .ilt, it will not be approved for b.ach
till. All work will be conduct.d"trom upland. which will al.o
reduce turbidity. Turbidity curtain. will be .tf.ctiv. around the
project .ite becau.e the .horelin. i. low .n.rqy.
I..a...
,,.. curr.ntly d.siqn.d, the proj.et vill not re.ult in .dv.r..
etteet. to v.ter quality or n.tur.l r..ource.. Th. proj.ct i.
expected to iJlprov. both.
Th. proj.ct, a. d..iqn.d, vill not deqrad. the ambi.nt v.t.r
qu.lity ot out.t.ndin'l Florid. Wat.r., 'liv.n the lot .ilt
li.itation on fill ..t.rial .nd turbidity control ....ur.. to be
u.ed durinq construction. In addition, th.r. is potential that
wat.r quality in the vicinity of the pi.r will i.prov. throuqh
enhanced water circulation.
.
~rh. improve..nt in wat.r quality i. exp.ct.d to enhance
.arine productivity, tiah and wildlife habitat, and r.creation in
(
Motioe of Intent
Monro. County .oard
Fil. Mo. 44117075.
paq. 1
of county co..i.eionere
,
the a'rea. The.e factor. alone make the project clearly in the
o
public int.rest whether or not s.aqrass coloniz.s the area.
Credit toward the Smathers beach r..toration proj.ct will be
qranted for s.aqras. colonization in the vicinity of the pier
which occurs after pier renovation, provided it is sufficiently
documented accordinq to the monitorinq plan required by the
permit.
The specific conditions and aonitorinq in the attached draft
permit shall be included in this perait to protect water quality
and biological resources in the project area.
Therefore the applicant has provided affiraative reasonable
assurance that the i..ediate and lonq tera iapacts, and the
secondary and cuaulative iapacts of ~e project will not result in
violations of water quality standards pursuant to lections
.
403.'11(1) and 403.'1', F..., and that the project will not
degrade .abient water quality in outetandint Plorida Waters
pursuant to Rule 17-4.242(2), F.A.C. Tbe applicant bas also
d.-onstrated that the project and its secondary and ~lative
iapacts are clearly in the public interest pursuant to Sections
403.'11(2) and 403.'1', F...
Pursuant to Section 403.815, F.S. and Rule 17-103.150,
F.A.C., you (the applicant) are raquired to publish at your own
expen.a tha enclo.ed Notice of Intent to I..ue Perait. The notice
shall be published one tiae only within 30 days, in the leqal ad
.
section of a newspaper of qeneral circulation in the area
.ffected. For the purpose of this rule, .publication i~ a
(
.otioe of Inteat
Monroe county .oard of county coaai..ioner.
~ile No. 44117075'
Page 7
ne.....paper ot general circulation in the area .ftected" 1II..nll
o
publication in a n.....llp.p.r 1II..ting the r.quir..entll ot Sections
50.011 and 50.031, F.S., in the county ....h.re the .ctivity is to
take place. Th. .pplicant .hall provide proot ot pUblication to
the D.partm.nt, .t 2600 Blair Stone Road, T.llaha....,.Florida
32399-2400 ....ithin ..v.n day. ot pUblication. Failur. to publish
the notice and provide proot ot pUblic.tion ....ithin the allotted
ti.. .ay r..ult in the d.ni.l ot the p.rait.
The Depart.ent will. ia.u. the p.rait with the attach.d
condition. unl.e. a p.tition tor an adaini.trativ. proceedin9
(h.aring) i. tiled pur.u.nt to the provi.ion. ot Section 120.57,
F.S.
A per.on who.e .ub.tanti.l inter..t. .r. .tt.cted by the
Dep.rt.ent'. propo.ed peraittin9 d.ci.ion ..y petition for .n
,
.dainiatr.Uv. proc.edin9 (he.rin,)in .ccordanc. with S.ction
120.57, F.S. Th. petition a\l.t contain the inforution ..t torth
below and a\l.t be til.d (rac.iv.d) in the Oftice of Gen.r.l
Coune.l ot the Dep.rt.ent at 2100 .l.ir Stone Road, T.llab.....,
Florida 32399-2400. Petition. fil.d by the perait applicant and
the partie. liated below au.t be tiled within 14 day. of r.ceipt
ot thi. intent. Petition. tiled by oth.r per.on. a\l.t be tiled
....ithin 14 day. ot public.tion ot the public notice or within 14
d.y. ot th.ir r.c.ipt ot thi. intent, whichever tir.t occur..
Petitioner eh.ll aail a copy ot the p.tition to the applic.nt .t
.
the addre.. indic.ted .bove .t the ti.e ot tiling. Failur. to
tile . petition within thi. time period .hall con.titute a .....iver
.otio. ot Int.nt
Monro. County aoard ot county co..i..ioner.
rile Mo. ..1'7075'
paq..
ot al1,y right such person may have to request an administrative
.
determination (hearing) under Section 120.57, F.S.
(al The name, addre.s, and telephone number ot each
petitioner, the applicant'. na.. and addre..~ the
Department Permit File Number and the county in which the
project i. proposed;
(bl A .tatement ot how and when each petitioner received
notice ot the Depart.ent's action or proposed action;
(c) A state.ant ot how each petitioner'S .~tantial
intere.t. are attected by ,tbe Departaent's action or
proposed action;
.
(d) A state.ent ot the .aterial tacta diaputed ~ Petitioner,
it any;
(e.) A state.ent ot tact. which petitioner contends warrant
rever.al or .aditication ot the Depertaent's action or
propo.ed action;
(f) A .tate.ent ot which rule. or .tatute. petitioner
contend. require rever.al or .aditication of the
.
Department'. action or propo.ed action; and
Motioe of Iateat
Noaroe couaty ao.r4 of couaty coaaiaaio.era
rile Mo. ..11707.'
..ge ,
(q) A state.ent ot the reliet aouqht by p.titioner, statinq
.
preci..ly the action petition.r w.nt. the D.partment to
take with r.spect to the D.partment'. action or proposed
action.
It a petition i. til.d, the .dmini.tr.tiv. he.ring proc... is
d.aiqned to formul.te aq.ncy action. Accordingly, the Departm.nt'.
tin.l .ction may be ditt.r.nt trom the po.ition t.k.n by it in this
int.nt. P.rsons who.. sUbst.ntial int.rest. will be .ttected by
.ny deci.ion of the Department with r.g.rd to the .pplic.tion h.ve
the right to petition to become . party to the proceeding. Th.
petition must confora to the requir.ment. .pecitied .bove .nd be
filed (rec.ived) withinl. d.y. of ~.ceipt ot this int.nt, in the
Office of cener.l coun.el .t the .bove .ddr... of the Depert8ent.
.
,.ilure to petition within the .llowed ti.. tr... constitut.. ·
w.iver ot .ny right .uch per.on h.. to reque.t . beerinq under
lection 120.57, F.8., .nd to participat. .. . party to this
proceedinq. Any .ubseqUent intervention vill only ~ .t tbe
.pprov.l ot the pr..iding offic.r upon motion til.d pur.u.nt to
Rule 2'-5.207, F.A.C.
Ex.cut.d in T.ll.h....., Florid..
.
STATE OF FLORIDA
DEPARTMBNT OF ENVIRONMBNTAL RBOOLATIOM
MOTIC. OF INT.NT TO 1880. p..avIT
Th. Department ot Environmental Regulation gives notice of its
int.nt to i..ue a permit CFile No. 441670759) to Monroe county
Board of County Commissioners, c/o Mr. Frank Butler, Post, Buckley,
Shuh and Jernigan, Inc., 513 Whitehead street, Key West, FL 33040,
to alter the Whit. Str..t pi.r and adjac.nt shoreline.
The project .ite is located on the southern .hor. ot Key West,
at the terminus of White Street, Monroe county, Section 5, Township
68 South, Range 25 East, Class III waters, outstanding Florida
W.t.rs.
A p.r.on who.e substantial int.rests are aftected by the
Oepartment'. proposed permitting d.ci.ion may petition for an
admini.trativ. proce.ding Ch.aring) in .ccordanc. with Section
120.57, Florida statut... The p.tition mu.t contain the
information ..t forth b.low and mu.t b. fil.d Cr.c.iv.d) in the
Of tic. of G.n.r.l Couns.l of the O.partm.nt at 2600 Blair stone
Road" Tall.ha...., Florida 32399-2400, within 14 d.y. of
publication of this notic.. p.tition.r shall m.il a copy ot the
p.tition to the .pplic.nt at the .ddr... indic.t.d above .t the
time of filing. F.ilur. to tile a petition within this time p.riod
.h.ll con.titut. a w.iver ot any right such person may have to
r.qu..t .n .daini.tr.tiv. d.t.rmin.tion Ch..rinq) und.r S.ction
120.57, Florida Statut...
Th. P.tition .h.ll cont.in the tollowinq infora.tion: C.) Th.
n..., .ddr..., .nd t.l.phon. number of ..ch p.tition.r, the
.pplicant'. n... .nd addr..s, the Dep.rtm.nt P.rait Pile Number and
the county in which the proj.ct is propo..d; Cb) A stat...nt ot how
and wh.n .ach petition.rr.c.iv.d notic. ot the D.pert..nt'. .ction
or propo..d .ction; (c) A .tat..ent of how .ach p.tition.r'.
subst.ntial int.r.sts ar. affect.d by the D.part..nt'. action or
propos.d action; (d) A st.t..ent ot th....t.ri.l tact. di.puted by
P.tition.r, it .ny; C.) A .tat..ent ot t.ct. which petitioner
cont.nd. warrant rever.al or .oditication ot the Department'.
ection or proposed action; (t) A .tat...nt ot which rule. or
statut.. p.titioner cont.nd. r.quire r.v.r.al or .oditication ot
the Depart..nt's action orpropo..d action; and (q) A .tat..ent ot
the reli.t .ou9ht by petitioner, .tatint pr.cisely the action
petition.r want. the Depart..nt to take with r..pect to the
o.part..nt'. action or propo..d action.
It a p.tition i. tiled, the adaini.tr.tiv. hearing proce.. i.
de.iqn.d to toraulat. agency action. Accordingly, the D.p.rt..nt'.
final action .ay be diff.r.nt fro. the position tak.n by it in this
Notic.. p.r.on. whose .ub.tantial inter..ts will be aft.ct.d by
.ny d.ci.ion ot the D.part..nt with r.gard to the application h.ve
the riqht to p.tition to b.coma a party to ths proc..ding. Th.
petition must contora to the require.ent. speciti.d above and be
filed (rec.iv.d) within 14 day. ot publication ot this notice in
the Office ot G.neral Coun.el at the above addr... ot the
O.part..nt. Failur. to petition within the allow.d ti.. tra..
constitut.. a waiv.r ot any right .uch per. on has to r.qu..t a
h.aring under Section 120.57, F.S., .nd to participat. .. . party
to this proc..ding. Any .ub..qu.nt interv.ntion will only b. at
.
r
the approval of the presiding officer upon motion filed pursuant to
Rule 28-5.207, F.A.C.
The application is available for public inspection during
normal business hours, 8:00 a.m. to 5:00 p.m., Monday through
Friday, except legal holidays, at Department of Environmental
Regulation, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
.
.
)
OPINION OF pAC.....LE COBTS ...SSOCI...TED WITH
KEV WEST BE"'CH IMpl'IOVEMENTB pENDlNO DET...ILED
CONITllucnON DOCUMENTS a COlT unM"'TES
Saachlront Park (Ra.t Baach) Improvement.
Ingln...lne a I"of........I...Y1o..
a.. aurv.)'
D.."n, Con""uollon PI.n. a Dooum.nta
Conltruatlon Obl.rvatlon ....vto..
....h Imp,ovements
Exoflo Spoolo. R.movol, N.fIv. Bp..I.. a Dun. Con.tru.f1on a Plontlng
Aubbl., Dab,1a R.movol
Con."u....n of ....nlo ......n., Walkway.,. Dun. Walkov.r.
p_.yo, _m....n .....g.
p.ldnl .......
allf..... a Curblne In......n
Bubtollll
Bubtot.1
TOloll!noll"_ POlk (II'" anoh) Improv.monlo
Fund.d b)'
City County
B50
24,740
18,170
42,410
o
o
o
o
1..000 0
13,000 0
31,000 0
1,000 0
45,000 0
20.000 0
212,000 0
CRy County TOT"'L
1254,410 '0 1254.410
HI""I . Ralt Beach RaaHlgnmant I While St_t Fllhlng Plar MltlgalJon ProJact
MInimum ApplOvad Parmlt Raqul..mantl
Engln..lng a Prololllonol S.Yio..
Pr..mln.)' Opinion 01 Prob.ble Conltruotlon Cooto
C_d....tlon. 'Iddlng, a Contr.ot "'dmln..tr."n b)' CRy
Ill. lurv.)'
D....n. Con""uollon PI.n. a lidding Dooumentl
Connuot'on Ob..rOMtlon B.rylo..
....C.O.E..I Envlronm.ntal Monllorlnll (80. Turfl. Protoollon)
...dmlnl""otlon of F.D.E.P. Envlronm.ntal Monllorlng II.qulr.m.ntl b)' CRy
F.D.E.p. En"lronm.nta' Monllorlng (5 v...) (1_ Or...)
Conltruollon R.I.t.d Coals
Moblllzallon a D.moblll.otlon
..aoh R..n1Inm.nt & R,nourlahm.nt
S..wall Removal. Higgs BNch
In.ta'lallon 01 N.. S.o.all, Rip Rap
RI.t B.ach A.nourlshm.nt
II.'o.ollon of Whll. Str..1 Storm Dralnall' OutfaN
Outfall R.lo.oflon
Stormwater Pretr..tm.nt Requlr.m.nt. (Outstanding Florida Wat.rs)
Whll. 8"..1 FI.hlng PI.r Mlllgollon (Op.nlng.)
".mova. of ,,. S.ctlons
Conltru.llon of N.. Bulkhoodl & Brldg. ...bbutm.nll
Conltru.llon of N.. Bridges (Restrlct.d V.hloal........)
Change. & Un.nticlp.ted Requirement.
EXHIBIT
.
B
Subtotal
Sublollll
Sublolal
Subtotal
Sublollll
PrDpoood !'undlng b)':
CRy Count)'
2,300 0
15,000 0
0 3.500
0 10,170
101.000 0
0 11,500
f5,OOO 0
0 32.000
140,300 145,'70
0 ~0,000
0 70.750
0 ~4.250
0 3~,000
0 180,000
0 29.000
0 52,000
0 11,000
0 83,000
0 203,500
0 131,000
0 31,700
0 4~4.200
"
Hltg.' R.at S..oh R..llltnm.nt I Wh.. 8trnl FI.hlng PI., Mlltpllon proj.ot (oonllnu.eI)
Minimum Appro.." ".,mll Requirement. (oont",u.d)
Pr.p.nd Funding by:
CIly C.unty
U... Army Corp. 01 En.gln.... Sp.olal P..ml Condllon.
Rlpr.p PI.cem.nl Ea.I..n Bid. 01 PI..
F.D.E.P. R.qult.d M.nlorlng During Conllruollon
8.. TUflla H..I R.locallon
Ughl 8hleldlng (Sa. Turtl..)
Subl....1
o
o
o
o
o
105.000
12.500
1.400
3.500
127.400
CIly C.unty TOTAL
T.lal 01 _....um Appr..,.d P..ml Requlram..... '140,300 '1,011,470 '1,181,770
Safety Related Repair. & Improvementa to Pier Pr.p...d Funcllng by.
CIly County
Inlln..lnl , Profe..lonala.......
C.ordlnation, Bidding, a Con..al Ad"'In....tlon by CIly
O..ltn, O.n*uollon Plen. a Doeu",anta
Con...._n Ob..,..lIon ."......
.ubt.....
C.n.....oIIon .....I.d Co.ta
M........n , 0."'...._
a...._.. R....... 01 Und"",In.d, W.th... Olf1',_" a R..u.tnlng of Pier
1.....1 .....h.... ....._
PI" 'afa1y ......g flap.. a "","o.manl
P..b.. ..ty L1thlln,l",prov.m."" ('" Tlfr1I. Co"'...tIbI.)
Ch.n,.. a Un.nllolpat.d ".quir.....nt.
.lfbt_
Tolal ..t.ty R...tad R.p.ir. a I",provem.nt.to Wh.. ....1 F1.hlng Pier
10,000
o
87,000
77 ,000
CIly
'77.000
o
111.000
o
111,000
o 1ll.000
o 41111,000
o 11,000
o 11,000
o 72,_
o 311.200
.0 711,700
County
"87,700
TOTAL
.74,700
CIly County TOTAL
TOlal Hltg. a R..t B..oh R..lUgn",.nt I Whl. ...at Flailing PI.. MltIglIlton Projaot Ul7,3oo '1,'11.170 U,033,470
'u",m.ry 01 Prop....d ''''prov.",.nl Coat.
TOlal B..ohlronl P.k (Rul B..oh) ''''prov.",.nl.
T'lal Hlgg. a 11..1 B..oh R..lllgnm.nt I WhM. B..at FI.hlng PI.. Mlltall... Pr.jeot
.m.th... B..oh f1.nourl.hm.nl (Conllrlfotton only) (I)
TOlal.
(I) U.B. Army Corp. ot Engln.... hllmat., Augu.I'''3
Thl. Opinion 01 Probabl. Co.l. Prop.rod by
City ot K.y Wul Englnnrlng D.p.rlm..1
F.bruary 8, 11184
CIly County Tote.
Ull4,4.0 '0 Ull4,41O
U17,300 '1,1111.170 U,Oa:s.470
.0 '1,1140,000 '1,1140.000
'471,7.0 t3,3ll11,170 '3,127,1130
/) ~)
t:Lf1 tl?--~.
R:o~vd M. O'RcI:rh..p..'i.
1I.~1G1".d f.ngln.... H... 't2el3
F.br....r" e, 11184
,
RESOLUTION NO. 94-148
A RESOLUTION APPROVING AND
AUTHORIZING EXECUTION OF ATTACHED
INTERLOCAL AGREEMENT FOR GRANT OF
FUNDS BETWEEN THE CITY OF KEY WEST
AND BOARD OF COUNTY COMMISSIONERS
FOR MONROE COUNTY ON BEHALF OF THE
TOURIST DEVELOPMENT COUNCIL;
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED by the City commission of the city of Key West,
Florida 'as follows that the attached Interlocal Agreement for Grant
of Funds between the City of Key West and Board of County
commissioners for Monroe County on behalf of the Tourist
Development Council is hereby approved. The City Manager is hereby
authorized to execute said Agreement on behalf of the City of Key
West, and the City Clerk is hereby authorized to attest to his
signature and affix the Seal of the city thereto.
This Resolution shall go into effect immediately upon its
passage and adoption and authentication by the signatures of the
presiding officer and the Clerk of the Commission.
Passed and adopted by the City commission at a meeting held
this 5th~day of April
, 1994.
~
~~
~TEST: D
lA.,,-.f. ACt, \CL-..-
INE PARKER, CITY CLERK
.----
~- DE~NrS J. WARDLOW-,'.
~ATE OF FLORIDA)
COUNTY OF MONROE)
CITY OF KEY WEST)
_U1\''-I'S.'t'l~, ~ ~,\,~, 7:<~1),.1':~~,
.."'U'1~U;1'\.J, ~""-., r.,':'.', ,,;" ,,~\
~J
\
By