HomeMy WebLinkAboutI. Growth Management
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17. 2010
Division: Growth Management
Bulk Item: Yes X
No
Department: Planning & Environmental Resources
Staff Contact Person: Joseph Haberman. Principal Planner
Ext. 2532
AGENDA ITEM WORDING:
A request to grant an exemption from the requirements of the Nonresidential Rate of Growth Ordinance
(NROGO) for 450 square feet of floor area for the United Pentecostal Church of the Keys, a non-profit
religious organization, pursuant to Policy 101.3.4 of the Year 2010 Comprehensive Plan and Sec. 138-50 of
the Land Development Code, with the condition that a 20-year restrictive covenant be placed on the property
in favor of the County that requires a NROGO allocation be obtained if any change in use or ownership
occurs. The restrictive covenant must be recorded prior to the issuance of a building permit.
ITEM BACKGROUND:
The applicant is requesting an exemption from the NROGO in order to construct a new covered porch
adjacent to the existing church, in accordance with Sec. 138-50 of the Land Development Code which allows
non-profit religious organizations to request an exemption if approved by the Planning Commission after
review by the Planning Director and in accordance with Policy 101.3.4 of the Year 2010 Comprehensive Plan
which requires that the BOCC review and approve the exemption. The property is located at 550 Avenue F,
Big Coppitt Key and the parcel is legally described as Block 2, Lot 1, Coppitt Subdivision Amended Plat
(PB4-50), Big Coppitt Key, Monroe County, Florida, having real estate number 00149580.000000.
The Planning Commission held a public hearing in Marathon on December 15, 2009 and, based on the facts
presented at the meeting and the recommendation of the Planning Director, recommended approval of the
item to the BOCC.
PREVIOUS RELEVANT COMMISSION ACTION: None
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A INDIRECT 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 Attorney: _x_
OMB / Purchasing: _ Risk Management: _
DOCUMENTATION: Included ~
Not Required_
DISPOSITION:
AGENDA ITEM #
RESOLUTION NO. _-2010
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE
REQUEST BY UNITED PENTECOSTAL CHURCH OF THE
KEYS FOR AN EXEMPTION OF 450 SQUARE FEET OF
NON-RESIDENTIAL FLOOR AREA FROM THE NON-
RESIDENTIAL RATE OF GROWTH ORDINANCE
(NROGO) PERMIT ALLOCATION SYSTEM IN ORDER
TO CONSTRUCT AN ACCESSORY COVERED PORCH,
AT PROPERTY LEGALLY DESCRIBED AS BLOCK 2,
LOT 1, COPPITT SUBDIVISION AMENDED PLAT (pB4-
50), BIG COPPITT KEY, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NUMBER 00149580.000000.
WHEREAS, the United Pentecostal Church of the Keys has requested an exemption of
450 ft2 from the NROGO permit allocation system; and
WHEREAS, Policy 101.3.4 of the Monroe County Year 2010 Comprehensive Plan
allows the Board of County Commissioners to exempt federally-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, the subject property is located at 550 Avenue F on Big Coppitt Key,
approximate mile marker 10 (gulf side), and is legally described as Block 2, Lot 1, Coppitt
Subdivision Amended Plat (PB4-50), Big Coppitt Key, Monroe County, Florida, having Real
Estate Number 00149580.000000; and
WHEREAS, during a regularly scheduled public meeting held on December 15, 2009,
the Monroe County Planning Commission conducted a review and consideration of the request
and recommended approval to the Board of County Commissioners based on the following
Findings of Fact:
1. On August 12, 2009, the applicant applied for a building permit for several
improvements to the existing building and site. Initially the application included the
installation of a new covered porch over an existing concrete slab. The Planning
Department was unable to approve the new covered porch without an allocation from
the NROGO permit allocation system as all covered nonresidential structures are
subject to the NROGO. Rather than await a NROGO allocation and delay the
issuance of a building permit allowing the other improvements, the applicant decided
to remove the covered porch from the building permit application, apply for an
exemption from the NROGO and, if received, apply for a new building permit for the
covered porch following the reception of the exemption. Building Permit 091-3098
was issued for the other improvements on September 2, 2009.
2. The proposed covered porch will result in 450 ft2 of new non-residential floor area on
the subject property. The 450 ft2 of new non-residential floor area must be either
acquired through the NROGO permit allocation system, transferred on-site from an
eligible sender site or exempted from the NROGO permit allocation system.
3. Pursuant to ~138-50(4) of the Monroe County Code and Policy 101.3.4 of the
Monroe County Year 2010 Comprehensive Plan, non-residential development
activity by federally tax exempt not-for-profit organizations may not be affected by
the NROGO if an exemption is approved by the Board of County Commissioners,
following a review and fmding by the Planning Commission. To be eligible, a not-
for-profit organization must be an educational, scientific, health, religious, social,
cultural and/or recreational organization which predominately serves the county's
permanent population.
4. Planning & Environmental Resources Department staff found that the applicant has
demonstrated that all of the required standards shall be met and recommended
approval with conditions.
WHEREAS, during a regularly scheduled public meeting held on December 15, 2009,
the Monroe County Planning Commission conducted a review and consideration of the request
and recommended approval to the Board of County Commissioners based on the following
Conclusions of Law:
1. United Pentecostal Church of the Keys is a non-profit entity, as designated by the
Internal Revenue Service.
2. United Pentecostal Church of the Keys is a religious organization.
3. United Pentecostal Church of the Keys predominately serves Monroe County's
permanent population.
4. The subject property is designated tier 3 and is not within an area proposed for
acquisition.
5. The request is consistent with the provisions and intent of the Monroe County Year
2010 Comprehensive Plan.
6. The request is consistent with the provisions and intent of the Monroe County Code;
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 hereby adopts the preceding Findings of Fact and Conclusions of Law;
NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS, that the preceding Findings of Fact and Conclusions of
Law support its decision to APPROVE the request by the United Pentecostal Church of the
Keys for an exemption of 450 ft2 of non-residential floor area from the NROGO permit
allocation with the following conditions:
1. Non-residential floor area exempted under this approval may be utilized only by the
not-for-profit church on-site and may not be changed to a commercial use or used by
a for-profit organization without permit approvals and a NROGO application and
receipt of a non-residential floor area allocation for the converted floor area. A 20-
year restrictive covenant shall be placed on the property in favor of the County that
requires a NROGO allocation be obtained if any change in use or ownership occurs.
2. A building permit shall be applied for and received prior to construction of the 450 ft2
covered porch addition.
3. The 450 ft2 of exempted non-residential floor area may be used for the proposed
accessory structure and use only. Its floor area may not be may not be enclosed or
otherwise incorporated into the principal use of the church unless a) the subject
property's land use district designation is amended to a district that allows
institutional uses and proper permits are obtained or b) the text relating to the
permitted uses in the Improved Subdivision (IS) district is amended to allow such an
expansIOn.
4. This approval does not recognize the existing non-residential floor area as
conforming. The existing institutional use is non-conforming to the current
provisions of the Improved Subdivision (IS) district and subject to the non-
conformity regulations of the Monroe County Land Development Code and
Comprehensive Plan.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
regular meeting held on the March 17th day of March, 2010.
Mayor Sylvia Murphy
Mayor pro tern Heather Carruthers
Commissioner Mario Di Gennaro
Commissioner George Neugent
Commissioner Kim Wigington
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor Sylvia Murphy
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To:
The Momoe County Board of County Commissioners
Joseph Haberman, AICP, Principal Planner
Townsley Schwab, Sr. Director of Planning & Environmental Resources
February 24,2010
Request for an Exemption from the NROGO by United Pentecostal Church of the
Keys, concerning property located at 550 Avenue F, Big Coppitt Key, mile marker
10, Real Estate No. 00149580.000000
March 17, 2010
From:
Through:
Date:
Subject:
Meeting:
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I REOUEST:
The applicant is requesting an exemption of 450 ft2 of non-residential floor area from the
Non-Residential Rate of Growth Ordinance (NROGO) permit allocation system by the
United Pentecostal Church of the Keys, pursuant to Policy 101.3.4 of the Year 2010
Comprehensive Plan.
Subject Property (outlined in blue), Big Coppitt Key (2009)
Page 1 of 5
Reviewed by _
! Location:
3 Address: United Pentecostal Church of the Keys, 550 Avenue F, Big Coppitt Key, mile
~ marker 10 (gulf side)
, Legal Description: Block 2, Lot 1, Coppitt Sub Amended Plat (PB4-50)
8 Real Estate (RE) Number: 00149580.000000
9
12 Applicant:
13 Property Owner: United Pentecostal of the Keys Inc.
14 Agent: Gilbert A. Font, Jr.
15
16 II RELEVANT PRIOR COUNTY ACTIONS:
17
18 According the Property Appraiser's records, the existing building was built in 1959. No
19 building permit was found on file and it is unknown whether or not the building was initially
20 built as a church. Subsequent building permits indicate that the building has been used as a
21 church since as early as 1963.
22
23 Assuming the building was built to be a church in 1959, it was constructed prior to the
24 county's zoning ordinances. However, in the 1960s, the subject property was designated as
25 Multiple Family Residential (RU-3). Only churches on parcels with a minimum of three
26 acres were permitted in the RU-3 district. The subject property is less than three acres and
27 thereby at that the time, the church was rendered non-conforming to the provisions of the
28 RU-3 district. In 1986, the property was rezoned from RU-3 to Improved Subdivision (IS).
29 At that the time, the church continued to be considered non-conforming, as the IS district
30 does not permit institutional uses.
31
32 On August 12,2009, the applicant applied for a building permit for several improvements to
33 the existing building and site. Initially the application included the installation of a new
34 "covered porch" over an existing concrete slab. The Planning Department was unable to
35 approve the new covered porch without an allocation from the NROGO permit allocation
36 system as all covered nonresidential structures are subject to the NROGO. Rather than await
37 a NROGO allocation and delay the issuance of a building permit allowing the other
38 improvements, the applicant decided to remove the covered porch from the building permit
39 application, apply for an exemption from the NROGO and, if received, apply for a new
40 building permit for the covered porch following the reception of the exemption. Building
41 Permit 091-3098 was issued for the other improvements on September 2,2009.
42
43 On December 15, 2009, the planning commission voted unanimously to recommend
44 approval of an exemption of 450 ft2 of non-residential floor area from the NROGO permit
45 allocation system.
46
47 III BACKGROUND INFORMATION:
48
49 A. Size of Site: 25,200 ft2 (0.57 acres)
50 B. Land Use District: Improved Subdivision (IS)
Page 2 of S
Reviewed by _
1 C. Future Land Use Map (FLUM) Designation: Residential Medium (RM)
2 D. Tier Designation: Tier 3
3 E. Flood Zone: AE - EL 10
4 F. Existing Use: Institutional (Church)
5 G. Existing Vegetation / Habitat of Site: Scarified with areas of buttonwood
6 H. Community Character of Immediate Vicinity: Mixed Use: Commercial along US 1 and
7 residential in the subdivision to the north
8
9 IV REVIEW OF APPLICATION:
10
11 Pursuant to ~138-50(4) of the Monroe County Code (MCC) and Policy 101.3.4 of the
12 Monroe County Year 2010 Comprehensive Plan, non-residential development activity by
13 federally tax exempt not-for-profit organizations may not be affected by the NROGO if an
14 exemption is approved by the BOCC, following a review and finding by the Planning
15 Commission. To be eligible, a not-for-profit organization must be an educational, scientific,
16 health, religious, social, cultural and/or recreational organization which predominately serves
17 the county's permanent population.
18
19 The following non-residential floor area exists on the property:
20
Existin Non-Residential Floor Area
2,160 ft2
450 ft2
2,610 ft2
21
22 With an approval, the following non-residential floor area would exist on the property:
23
Pro osed Non-Residential Floor Area
2,160 ft2
450 ft2
450 ft2
3,060 ft2
24
25 Pursuant to MCC ~138-50(4), the Planning Commission may recommend an exemption from
26 the NROGO if the applicant demonstrates that all of the following standards are met:
27
28 Is the non-residential development activity by a federally tax exempt not-for-profit
29 educational, scientific, religious, social, cultural or recreational organization?
30
31 Currently, "United Pentecostal Church International Inc" is a tax exempt, not-for-profit
32 entity, as designated by the Internal Revenue Service (classified as "a central organization
33 holding a group exemption letter, whose subordinate units covered by the group exemption
34 are also included as having contributions deductible, even though they are not separately
Page 3 of 5
Reviewed by _
1 listed"). Currently, "United Pentecostal Church of the Keys" is a tax exempt entity, as
2 designated by the Florida Department of Revenue.
3
4 Does the proposed non-residential development activity predominately serve Monroe
5 County's permanent population?
6
7 The United Pentecostal Church of the Keys serves the religious needs of those Monroe
8 County permanent citizens who attend the church.
9
10 Is the proposed non-residential development within those areas proposed for acquisition by
11 governmental agencies for the purpose of resource protection?
12
13 The subject property is designated Tier 3 and is not within an area proposed for acquisition.
14
15 OtherIssues:
16
17 . Institutional uses are not permitted in the IS district. It has been determined that the church
18 and the existing building's floor area were lawfully-established and therefore the use and
19 existing floor area is lawfully nonconforming. However, expansion of the existing
20 institutional use is prohibited unless the subject property's land use district designation is
21 amended to a district that allows institutional uses or the text relating to the permitted uses in
22 the IS district is amended.
23
24 According to the site plan in the application for Building Permit 091-3098, the proposed
25 structure would be an unenclosed, covered porch that would serve as an addition to an
26 existing covered porch of the same size (the addition would double the size of the covered
27 porch from 450 ft2 to 900 ft2). This type of structure is considered an accessory structure and
28 not a component of the principal structure. As defmed in MCC ~101-1, accessory means a
29 use or structure that is subordinate to and serves a principal use or structure; is subordinate in
30 area, extent and purpose to the principal use or structure served; contributes to the comfort,
31 convenience or necessity of occupants of the principal use or structure served; and is located
32 on the same lot or on contiguous lots under the same ownership and in the same land use
33 district as the principal use or structure. Accessory structures are permitted as-of-right in the
34 IS district. Therefore, a covered porch may be constructed and would not constitute an
35 expansion of the nonconforming use.
36
37 It is important to note that the applicant has indicated interest in enclosing the covered porch
38 in the future. This action would not be permitted under the current regulations since the
39 covered porch is attached to the existing building and its enclosure would effectively serve as
40 an addition to the building. This would expand the principal structure/use and thereby
41 expand the nonconformity.
42
43 . Accessory structures are subject to the NROGO permit allocation system if the structure
44 meets the definition of non-residential floor area as defined in ~138-47, with the exception of
45 those structures directly exempted in MCC ~138-50, Type of Development Not Affected.
46
Page 4 0(5
Reviewed by _
1 As defmed in MCC ~138-47, nomesidential floor area means the sum of the gross floor area
2 for a nomesidential building or structure, as defined in MCC ~101-1, any areas used for the
3 provision of food and beverage services and seating, whether covered or uncovered, and all
4 covered, unenclosed areas.
5
6 The structure would serve a nomesidential purpose and would be covered. The defInition
7 does not distinguish a difference between principal and accessory; therefore the area of the
8 covered porch is subject to NROGO permit allocation system.
9
10 V RECOMMENDATION:
11
12 Staff recommends APPROVAL with the following condition:
13
14 A. Non-residential floor area exempted under this approval may only be utilized only by the
15 not-for-profIt church on-site and may not be changed to a commercial use or used by a
16 for-profIt organization without permit approvals and a NROGO application and receipt of
17 a non-residential floor area allocation for the converted floor area.
18
19 B. A building permit shall be applied for and received prior to construction of the 450 ft2
20 covered porch addition.
21
22 C. The 450 ft2 of exempted non-residential floor area may be used for the proposed
23 accessory structure and use only. Its floor area may not be may not be enclosed or
24 otherwise incorporated into the principal use of the church unless a) the subject
25 property's land use district designation is amended to a district that allows institutional
26 uses and proper permits are obtained or b) the text relating to the permitted uses in the
27 Improved Subdivision (IS) district is amended to allow such an expansion.
28
29 D. This approval does not recognize the existing non-residential floor area as conforming.
30 The existing institutional use is non-conforming to the current provisions of the Improved
31 Subdivision (IS) district and subject to the non-conformity regulations of the Momoe
32 County Land Development Code and Comprehensive Plan.
Page 5 of 5
Reviewed by _
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17. 2010
Division: Growth Management
Bulk Item: Yes ..x...-
No
Department: Planning and Env. Resources
Staff Contact PersonJPhone #: Christine Hurley
Extension # 2517
AGENDA ITEM WORDING: Approval of a resolution by the Board of County Commissioners of
Monroe County, Florida correcting the codification of Ordinance 10-2006 regarding the Tier Overlay
System as set forth in the Amended Final Order of the Secretary of the Department of Community
Affairs in case number DCA07-GM-166A.
ITEM BACKGROUND: The Tier Ordinances were approved in March 2006 by the BOCC. The
ordinances were appealed and were the subject of a DOAH hearing. The Administrative Law Judge
issued a Recommended Final Order which became final by Order of the Secretary of the Department
of Community Affairs (DCA) on September 26, 2007 and Amended Final Order on January 8, 2008.
When codifying Ordinance 10-2006 as changed by both final orders, all portions of Section 9.5-256(c)
were deleted as mentioned in the orders, along with specific Section 9.5-256(c)(3)b.2. Since the
codification, the attorneys and staff of the DCA and the Growth Management Division of Monroe
County have revisited the Recommended Final Order and the intent of the Administrative Law Judge,
as well as the Orders by the Secretary of DCA, and determined that the striking of certain provisions of
Ordinance No. 10-2006 by Monroe County for codification were inconsistent with the Amended Final
Order and the Recommended Final Order of the Administrative Law Judge. Only one sentence
immediately following the section enumerated 9.5-256(c) should have been stricken and not the entire
paragraph, except for Section 9.5-256(c)(3)b.2. This resolution corrects the error to carry out the intent
of the Administrative Law Judge and the DCA Secretary.
PREVIOUS RELEVANT BOCC ACTION:
March 15,2006 - BOCC approved Ordinance 10-2006
CONTRACT/AGREEMENTCHANGES:ilia
STAFF RECOMMENDATIONS: Approval
TOT AL COST:
ilia INDIRECT COST:
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
ilia
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
AMOUNTPERMONTH_ Year
No x
APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included
x
Not Required_
..........".....l"\,.n...,....,....,........T
BOCC MARCH 17,2010
RESOLUTION NO._-2010
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA CORRECTING THE
CODIFICATION OF ORDINANCE 10-2006 AS SET FORTH IN THE
FINAL ORDER OF THE SECRETARY OF THE DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR TRANS MITT AL TO
MUNICIPAL CODE CORPORATION; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS
WHEREAS, the Board of County Commissioners of Monroe County, Florida, makes the following
Findings of Fact and Conclusions of Law:
1. Monroe County adopted Ordinances 008-2006, Ordinance 009-2006, Ordinance 010-2006, and
Ordinance 011-2006 on March 15,2006 and adopted Ordinance 013-2006 on March 21, 2006.
2. These ordinances which adopted Tier Maps and the Tier System for evaluating environmental
sensitivity of land were the subject of an administrative appeal in Case Number DCA07-GM-166A.
3. The Final Order in Case Number DCA07-GM-166A dated September 26,2007 and the Amended
Final Order correcting a Scrivener's Error in Paragraph 3 of the Final Order, signed by Department
of Community Affairs Secretary Thomas Pelham and filed January 8, 2008, upheld the challenged
ordinances as follows:
* * * *
" 3. Monroe County Ordinance No. 008-2006, except for the deletion of Section
9.5-342; Ordinance No. 009-2006;Ordinance No. 010-2006 except for Sections
9.5-256(c) 1 a., 9.5-256(c)(3) [sic], and 9.5-256(c)(3)b.2 [sic].; Ordinance No.
011-2006; and Ordinance No. 013-2006 except for the parcels identified in
Findings of Fact 65, 80, 86 and 132, are hereby approved."
4. In codifying this order in reference to Ordinance 10-2006, Monroe County deleted Section 9.5-
256(c)l.a. as directed and all portions of Section 9.5-256(c)(3) including Section 9.5-256(c)(3)b.2.
which was specifically mentioned.
5. Since the codification, the attorneys and staff of the Department of Community Affairs (DCA)
and the Growth Management Division of Monroe County have revisited the Final Order and the
intent of the Administrative Law Judge and the Secretary of DCA with respect to Section 9.5-256.
6. The written findings in the Recommended Order by the Administrative Law Judge as explained
in a letter from Shaw P. Stiller, General Counsel for the DCA, attached as Exhibit A, indicate that
the striking of certain provisions of Ordinance No. 10-2006 when drafted to be codified by Monroe
County were inconsistent with the Final and Amended Final Orders and the recommendations of
the Administrative Law Judge. A copy of the amended ordinance based upon the Final Order for
Ordinance 10-2006 was included in Exhibit A with the aforementioned letter from the DCA
General Counsel.
7. It is the intent of the Board of County Commissioners to carry out the intent of the
Administrative Law Judge in his Recommended Final Order and the intent of the Secretary of the
Department of Community Affairs in regard to the Amended Final Order.
8. Only the sentence immediately following the section enumerated 9.5-256(c) should have been
stricken, along with section 9.5-256(c)(3)b.2. but not the entire paragraph enumerated 9.5-256(c),
which was comprised of several other paragraphs of text.
BOCC MARCH 17,2010
9. The prior submission of the ordinance to be codified by deleting all of subsection 9.5-256(c)
constituted a drafting error.
10. Through Ordinance 01-2009, section 9.5-256 was renumbered as section 130-130 as part of the
recodification process of the entire County Code.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The preceding Findings of Fact and Conclusions of Law are incorporated herein as
though fully set forth.
Section 2. Ordinance No. 10-2006 shall be read in accordance with, and consistent with, the
provisions of the Department of Community Affairs' Amended Final Order in Case No. DCA07-
GM-166A and shall be codified as shown on Exhibit B which is identical to the ordinance provided
in Exhibit A to this resolution, which is the letter from the Department of Community Affairs
General Counsel dated February 9, 2010.
Section 3. This codification is consistent with the intent and findings of the Administrative Law
Judge in the Recommended Order dated June 26, 2007 in Case No. DCA07-GM-166A.
Section 4. This codification is consistent with the interpretation by the Department of Community
Affairs of its Amended Final Order in Case No. DCA07 -GM -166A.
Section 5. A copy of Exhibit B shall be sent with this Resolution to Municipal Code Corporation
for codification.
Section 6. Municipal Code Corporation is directed to include this resolution number as a footnote
to section 130-130 to preserve the legislative history for the text.
Section 7. The Planning Director shall send a certified copy of this Resolution to the Department
of Community Affairs.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida
at a regular meeting of said Board on the _day of , 20 I O.
Mayor Sylvia J. Murphy
Mayor Pro Tern Heather Carruthers
Commissioner Mario DiGenaro
Commissioner George Neugent
Commissioner Kim Wigington
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
By:
Mayor Sylvia J. Murphy
(SEAL)
A TIEST: Danny L. Kolhage, CLERK
By:
Deputy Clerk
.
EXHIBIT A
Page 1 of 6
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
" Dedicated co making Florida a betlN place to call home"
CHARLIE CRIST
Co\'~rnor
THOMAS G PELHAM
SfCrel,U)'
February 9,2010
Ms. Christine Hurley, Director of Growth Management
Monroe County
2798 Overseas Highway
Marathon, Florida 33050
Re: Tier Overlay District tex.t in the Land Development Regulations
Dear Ms. Hurley:
In preparation for the first meeting with the Tier Designation Review Commiltee
(TDRC), the Department of Community Affairs (DepaI1ment) has noticed that the County's
codification of Tier regulations, Section 130-130 (previously numbered 9.5-256) has several
omissions. The County has inadvertently deleted portions of Section 130-130 that were upheld
by the Administrative Law Judge and Final Order No. DCA07-CM-166AI.
The TDRC will utilize the criteria from Section 130-130 to evaluate parcels and to make
recommendations on Tier designations. Therefore, the Department requests that the County
revise Section 130-130 (previously numbered 9.5-256) of the land development regulation~ to
reflect the Final Order and Administrative Law Judge's recommendation. -- -
In the Department's review of the final order and Administrative Law Judge's
recommendation, we have identified the following corrections:
1) Monroe County deleted Section 9.5-256(c)(3) a.J. 2.3. and 4., that provides conditions
which constitute a break in pinelands or tropical hardwood hammock for calculating the one
acre minimum patch size for designation as a Tier rrIA CSPI\). The Final Order did not
identify this section for deletion. Additionally, the Recommended Order for Case ~o. 06-
2449GM, states, in Finding of Fact paragraph 89, that
I Monroe County Ordinance No. 008-2006, except for the deletion of Se.:tion 9.5-342; Ordinance No. 009-2006;
Ordinance No. 010-2006 except for Sections 9.5-256 (c) (1) a., 9-5.256 (c) (3), and 9-5.256(c) (3) b.2.; Ordinance
No. 011-2006; and Ordinance No. 013-2006 except for the parcels identified in Findings of fact 65, XO. X6, and 132,
are hereby approved.
255; SHUMARD OAK BOUI.EVARD TALLAHo\SSEE, fl 32399.2100
850.4118-8466 (p) 850.921-0781 (f) Websile: ~'Ldca.5Lrl.l.t~f1._\!~
COMMUNITY PLANNING A50.488.});b :p) 850-188.3309 III FLORIDA (OMMI.NITIES rRUST 8!0'122-21071p) 850."21.".7 II
HOUSING AND COMMllNITY DEVELOPMENT 8511 ~88- .,,~ (," 850-'122- SI.l J II'
EXHIBIT A
Page 2 of 6
Ms. Christine Hurley, Director of Growth Management
February 9, 2010
Page 2
Taking invasive infestation into account in determining whether a patch is large
enough to qualify as a SPA is consistent with the FKCSS. which states
Successful restoration of lands to create large patches of terrestrial habitats an(l
to reestablish connectivity seems improbable. Restoration would require the
conversion of large developed areas to native habitat, II goal that would face
legal constraints, as well as high costs, uncertaill probability of success. and a
long ti meframe for execution...
Since the resources to address these issues are not infinite. money is better spenl
acquiring larger patches in Tier I than in l1ying to restore the smaller patches
with exotic vegetation.
2) Monroe County deleted Section 9.5-256(c)(3) b.I., that provides owners of lots designated
as Tier IlIA (SPA) an opportunity to petition for a rezoning to Tier III if the lot will be served
by a central sewer. The Final Order did not identify this ~,ection for deletion. Additionally,
the Recommended Order tor Case No. 06-2449GM, states, in Finding of Fact paragraph 9],
that
[TJhis condition for removal from SPA applies ollly in the service area of the
North Key Largo sewage treatment plant. The County and Department
determined that development should be encouraged in the area served by the
North Key Largo sewer plant, even though habitat that otherwise qualified for
designation as SPA existed in that service area. n,e Principles for Guiding
Development require the County and Department to improve nearshore water
quality, and the best way to accomplish this gOlll is ,'0 construct central sewer
systems to replace septic tan{cs. The Work Program adopted by the.Administration
Commission requires the County to fund and cOllstruct the North Key Largo
central sewer system, which cannot be financed or operated without a customer
base. Designating parcels as SPA in the North Key Largo service area would
discourage development in that service area. In adopting and approving this
regulation, the County and the Department appropriately balanced the competing
goals qf the Principles for Guiding Developmellt. Given these unique
circumstances, the LDR is not arbitrary.
3) Monroe County deleted Section 9.5-256(c)(3) c., that provides hammock identified in the
County's data base and aerial surveys as 1.00 to 1.09 acres in area to be verified by survey
prior to its designation as Tier IlIA. A hammock that is deemed by survey and a field review
by County Biologists to fail the minimum size criteria shall have the Tier JIlA (SPA)
designation removed from the subject parcel. The Final Order did not identify this section
for deletion. Additionally, the Recommended Order for Case No. 06-2449GM, states. in
Finding orFact paragraph 98, that
EXHIBIT A
Page 3 of 6
Ms. Christine Hurley, Director of Growth Management
February 9. 2010
Page 3
The Tier designations were accomplished primari~)' by using GIS mapping data.
When applied to the larger Tier I areas, a tellth of an acre is a small error.
However, when applied to the much smaller SPA, a tenth of an acre error call he
significant. The County's choice of surveying the smaller SPAs, while not treating
the Tier I areas in the same mallner, was not arbitrary.
The Department requests the three subsections of Section 130-130 (previously numbered
9.5-256) of the land development regulations2 identified abOVE: be restored to reflect Final Order
No. DCA07-GM-166A and Administrative Law Judge's r.ecommendation. We request a
courtesy copy of the corrected land development regulations be provided to the Department. A
[onnal rendition for issuance of a Department final order will not be necessary.
We look forward to working with the County to fu.lIy achieve the strategies of the
Monroe County Work Program in Rule 28-20, Florida Administrative Code. If you need
additional assistance, please contact Rebecca Jetton, Areas of Critical State Concern
Administrator, at (850) 922-1766.
Sincerely yours,
~
Shaw P. Sti\ler~
General Coumel
~ -
SS/res
cc: Mr. Bob Shillinger, Chief Assistant County Attorney
Ms. Susan Grimsley, Assistant County Attorney
2 See attached Ordinance No. 10-2006 identifying, in type and strike filTllUlt, the approved amendments to the
Monroe County Land Development Regulations based upon the Departmenl's Amended Final Order No. DCAD7-
GM-166A.
EXHIBIT A
Page 4 of 6
Ordinance No. 10-2006
Amendments based upon Final Order
Sec. 9.5-256. Tier overlay district
(a) Pwpose: The purpose of this Tier Overlay District is to designate geographical areas
outside of mainland Monroe County, excluding the Ocean Reef planned development, into
tiers to assign RaGa and NROGO points, determine the amount of clearing of upland native
vegetation that may be permitted, and prioritize lands for public acquisition. The Tier
boundaries are to be depicted on the Tier Overlay DistJict Map. Lands on Big Pine Key and
No Name Key shall be delineated as Tier I, n, or III. Lands in the remainder of
unincorporated Monroe County, excluding the Ocean Reef planned development, shall be
delineated as Tier I, III, and III-A (Special Protection Area).
(b) Tier boundaries: Tier boundaries shall follow property lines wherever possible, except
where a parcel line or distinct geographical feature, such as a canal or roadway, may be more
appropriate.
(c) Tier bOlmdwy criteria, excluding Big Pine Key and No Name Key: The Tier boundaries
are designated using aerial photography, data from the Florida Keys Carrying Capacity
Study,the endangered species maps, property and pennitting information and field
evaluation. The following criteria at a minimum are used to evaluate upland habitats ilnd
designate boundaries between different Tier Overlays:
(l) Tier I boundaries shall be delineated to incl ude one or more 0 f the following critl;ria
and shall be designated Tier 1:
a. NatNfal aftJa5 ineludiag old gro'.vth as depieted en the 1985 g,dStiDg Conditien Map
ana Dew grs'.vth ef Rplana Dative ~;egetateel afea5 idemifiea BY up te date aerials ana
site sw-;eys, aeove four (4) aeres in area.
b. Vacant lands, which can be restored to connect upland natiye .habitat patches and
reduce further fragmentation of upland native habitat.
c. Lands required to provide an undeveloped buffer, up to five hundred (500) feet in
depth, if indicated as appropriate by special species studies, between natural areas and
development to reduce secondary impacts. Canals or roadways, depending on Width
may form a boundary that removes the need for the buffer or reduces its depth.
d. Lands designated for acquisition by public agencies for conservation and natural
resource protection.
e. Known locations of threatened and endangered species as defined in section 9.5-4,
identified on the Threatened and Endangered Plant and Animal Maps or the Florida
Keys Carrying Capacity Study maps, or identified in on-site surveys.
f. Conservation, Native Area, Sparsely Settled, and Orf-Shore Island Land Use districts.
g, Areas with minimal existing development and infrastructure.
(2) Lands located outside of Big Pine Key and No Name Key that are not designated Tier 1
shall be designated Tier HI.
EXHIBIT A
Page 5 of 6
(3) Desigaeted Tier ill lands leeated 0\$ide ef Big Pine K-ey and Ne Name Key with
lroJlieal ll.afd'Need hammeek or piBelliBds ef greater tha:R ORe aet'e in area shaH ee
designated as Speeial Preteetion .'\rea5.
a. The following conditions shall constitute a break in pinelands or tropical hardwood
hammock for calculating the one-acre minimum patch size for designation of Tier [JI-
A boundaries:
1. U.S. Highway 1, canals and open water
2. Any disturbed pinclands or tropical hardwood hammock with invasive
coverage of forty (40) percent or more;
3. Property lines of developed lots or vacant lots with a ROGO allocation award
or an issued building permit, as of September 28, 2005, located within a Land
Use District that allows only one unit per lot; or
4. Property lines of developed parcels of less than 10,000 square feet in area with
a ROGOINROGO allocation award or issued building permit, as of September
28, 2005, located within a Land Use District that allows residential development
of more than one dwelling unit per parcel/lot or non-residential development.
b. Lots designated Tier III-A (Special Protection Areas) on the 11/29/05 maps may
petition the county jor a re-zoning to Tier III if the lot meets one of the following
criteria:
1. The lot will be served by a central sewer and the wastewater collection system
has an approved permit that was effective 3/21/06 to construct the system on file
from the Department of Environmental Protection; or
2. 'The let is leeated ..'t<it:lliB a oae Befe PBWB ef hammeek iliat is sivideel frem the
other lots that mak~ up the oae Bere or more pateh by a paved read that is at
least Hi feet ":lise.
.
Such lots may be granted a score of 30 points through an administrative determination
made by the County Biologist, the Director of Growth Management and rendered to
the Department of COrT}munity Affairs until such time as the-County sponsors a
zoning map change to update the Tier Three Overlay Zoning Map and it is approved
by the Department of Community Affairs.
c. Any hammock identified in the County's data base and aerial surveys as ] .00 to 1.09
acres in area shall be verified by survey prior to its designation as Tier rrJ-A A
hammock that is deemed by survey and a field revifw by County Biologists to fail the
minimum size criteria shall have the Special Protection Area designation removed
from the subject parcel.
(c) Big Pine Key and No Name Key Tier Boundary Criteria: The Tier boundaries shall be
designated using the Big Pine Key and No Name Key Habitat Conservation Plan (2005) and
adopted Community Master Plan for Big Pine Key and No Name Key.
(d) Tier overlay district map amendments: The Tier Overlay District Map may be amended
to reflect existing conditions in an area jf warranted, because of drafting or data errors or
EXHIBIT A
Page 6 of 6
regrowth of hammock, However, the clearing of tropical hardwood hammock or pinelands
that results in the reduction of the area of an upland native habitat patch to less than the one-
acre minimum shall not constitute sufficient grounds for amending the designation of a Tier
III-A area to Tier III. The Tier Overlay District Map amendments shall be made pursuant to
the procedures for map amendments to this chapter, Unlawful conditions shall not be
recognized when detennining existing conditions and regulatory requirements.
(e) Request for Tier I designation: Notwithstanding the provisions of Section-9.5-511 (d)2,
any individual may submit an application to the planning department containing substantial
and competent documentation that an area meets the Tier I criteria. Applications must be
received by July 1 of each year on a fonn approved by the director of planning for
consideration by the special master at a public hearing advertised at least fi fteen (15) days
prior to the hearing date. Said hearing by the special master shall be held prior to November
1 of each year. The director of planning will review the documentation and any other
appropriate scientific information and prepare an analysis report for the special master. The
special master will render a written opinion to the planning commission and board of county
commissioners either that the application meets the criteria for designating the lands as Tier I
or that the documentation is insufficient to warrant a map amendment. The posting.
advertising and review will follow the procedures in sec. 9.5-511(d)(3)(4) and (5),"
EXHIBIT B
Page 1 of 3
Ordinance No.1 0-2006
Amendments based upon Final Order
Sec. 9.5-256. Tier overlay district
(a) Purpose: The purpose of this Tier Overlay District is to designate geographical areas
outside of mainland Monroe County, excluding the Ocean Reef planned development, into
tiers to assign ROGO and NROGO points, determine the amount of clearing of upland native
vegetation that may be permitted, and prioritize lands for public acquisition. The Tier
boundaries are to be depicted on the Tier Overlay District Map. Lands on Big Pine Key and
No Name Key shall be delineated as Tier I, fI, or m. Lands in the remainder of
unincorporated Monroe County, excluding the Ocean Re,~f planned development, shaIl be
delineated as Tier I, Ill, and III-A (Special Protection Area).
(b) Tier boundaries: Tier boundaries shall follow property lines wherever possible. except
where a parcel line or distinct geographical feature, such as a canal or roadway, may be more
appropriate.
(c) Tier boundalY criteria, excluding Big Pine Key and No Name Key: The Tier boundaries
are designaled using aerial photography, data from the Florida Keys Carrying Capacity
Study,the endangered species maps, property and pennitting information and field
evaluation. The following criteria at a minimum are used to evaluate upland habitats and
designate boundaries between different Tier Overlays:
(I) Tier I boundaries shall be delineated to include one or more of the foIlowing criteria
and shall be designated Tier T:
a. Natuml areas iaelHaiag eIEl gm'.'l,1h as clepieted OB the 1985 Eldstiag Ceaditiea Map
and H&W grewta ef Yl'land Hath'e ';egetateEl Mess idemifieEl13y \:tf) t9 date aerials !Hid
site ffi:lr....eys, above fel:H' (4) aeras ia area.
b. Vacant lands, which can be restored to connect upland native habitat patches and
reduce further fragmentation of upland native habitat.
c. Lands required to provide an undeveloped buffer. up to live hundred (500) feel in
depth, ifindicated as appropriate by special species studies, between natural areas and
development to reduce secondary impacts. Canals or roadways, depending on width
may form a boundary that removes the need for the buffer or reduces its depth.
d. Lands designated for acquisition by public agem:ies for conservation and natural
resource protection.
e. Known locations of threatened and endangered species as defined in section 9.5-4,
identified on the Threatened and Endangered Plant and Animal Maps or the Florida
Keys Carrying Capacity Study maps, or identified ill on-site surveys.
f. Conservation. Native Area, Sparsely Settled, and 0 rf-Shore Island Land Use districts.
g. Areas with minimal existing development and infrastructure.
(2) Lands located outside of Big Pine Key and No Name Key that are not designated Tier I
shall be designated Tier III.
EXHIBIT B
Page 2 of 3
(3) Desigaatee Tier III laaGs loeated e\:Jtsiae ef Big PiRe Key ee Ne Name Key '.'/ith
trepieal hafthveed hammeek Elr JliBelaBds ef greater thftft eRe aere ia area shall ee
designated as Speeial PreteetioR l\.reas.
a. The following conditions shall constitute a break in pinelands or tropical hardwood
hammock for calculating the one-acre minimum palch size for designation of Tier IlI-
A boundaries:
1. U.S. Highway I, canals and open water
2. Any disturbed pinelands or tropical hardwood hammock with invasive
coverage of forty (40) percent or more;
3. Property lines of developed lots or vacant lots with a ROGO allocation award
or an issued building penn it, as of September 28, 2005, located within a Land
Use District that allows only one unit per lot; or
4. Property lines of developed parcels of less than 10,000 square feet in area with
a ROGOINROGO allocation award or issued building pennit, as of September
28, 2005, located within a Land Use District that allows residential development
of more than one dwelling unit per parcel/lot or non-residential development.
b. Lots designated Tier III-A (Special Protection Areas) on the 11/29/05 maps may
petition the county jor a rezoning to Tier III if the lot meets one of the following
criteria:
1. The lot will be served by a central sewer and. the wastewater collection system
has an approved pennit that was effective 3/21/06 to construct the system on file
from the Department of Environmental Protection; or
2. The lot is leeated ',vithiB a aRe aere pateh ef Iiammeek that is eli-liaed from the
other lots that make up the aRe eere ar more patch by a pa'"ea road tfiat is at
leaBt Hi :feet '.viee.
".-
Such lots may be granted a score of 30 points through an administrative detelmination
made by the County Biologist, the Director of Growth Management and rendered to
the Department of Community Affairs until such time as the -County sponsors a
zoning map change to update the Tier Three Overlay Zoning Map and it is approved
by the Department of Community Affairs.
c. Any hammock identified in the County's data base and aerial surveys as 1.00 to 1.09
acres in area shall he verified by survey prior to its designation as Tier rrI-A A
hammock that is deemed by survey and a field review by County Biologists to fail the
minimum size criteria shall have the Special Protection Area designation removed
from the subject parcel.
(c) Big Pine Key and No Name Key Tier Boundary Criteria: The Tier boundaries shall be
designated using the Big Pine Key and No Name Key Habitat Conservation Plan (2005) and
adopted Community Master Plan for Big Pine Key and No Name Key.
(d) Tier overlay district map amendments: The Tier Overlay District Map may be amended
to reflect existing conditions in an area if warranted, because of drafting or data errors or
EXHIBIT B
Page 3 of 3
regrowth of hammock. However, the clearing of tropical hardwood hammock or pineJands
that results in the reduction of the area of an upland native habitat patch to less than the onc-
acre minimum shall not constitute sufficient grounds for amending the designation of a Tier
III-A area to Tier III. The Tier Overlay District Map amendments shall be made pursuant to
the procedures for map amendments to this chapter. Unlawful conditions shall not be
recognized when determining existing conditions and regulatory requirements.
(e) Request for Tier 1 designation: Notwithstanding the provisions of Section-9.5-511 (d)2,
any individual may submit an application to the planning department containing substantial
and competent documentation that an area meets the Tier I criteria. Applications must be
received by July 1 of each year on a fonn approved by the director of planning for
consideration by the special master at a public hearing advertised at least fifteen (15) days
prior to the hearing date. Said hearing by the special mast{:r shall be held prior to November
1 of each year. The director of planning will review the documentation and any other
appropriate scientific information and prepare an analysis report for the special master. The
special master will render a written opinion to the planning commission and board of county
commissioners either that the application meets the criteria for designating the lands as Tier I
or that the documentation is insufficient to warrant a map amendment. The posting,
advertising and review will follow the procedures in sec. 9.5-511(d)(3)(4) and (5)."
..
ORDINANCE NO. 010 -2006
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING THE AMENDMENTS TO THE
MONROE COUNTY LAND DEVELOPMENT REGULATIONS TO
IMPLEMENT GOAL 105 OF THE 2010 COMPREHENSIVE PLAN AND
THE TIER OVERLAY SYSTEM BY AMENDING SECTION 9.5-256,
TIER OVERLAY DISTRICT; PROVIDING CRITERIA FOR
DESIGNATION OF TIER BOUNDARIES; PROVIDING A MECHANISM
FOR TIER OVERLAY DISTRICT MAP AMENDMENTS; PROVIDING
FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION IN THE MONROE COUNTY
CODE OF ORDINANCES; DIRECTING THE PLANNING AND
ENVIRONMENTAL RESOURCES DEPARTMENT TO TRANSMIT A
COPY OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; AND, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Monroe County Board of County Commissioners, during public
hearings held in December 2004, January, February, March, April, May and June, 2005, and
March 2006, reviewed and considered a proposed amendment to provide criteria and procedures
for enacting a Tier Overlay District Map designation on the Monroe County Land Use District
Map to implement Goal 105 of the 2010 Comprehensive Plan, Rule 28-20.100 F.A.C. and the
Tier Overlay system; and
WHEREAS, the Monroe County Board of County Commissioners directed staff to
prepare text and map amendments in Ordinance No. 018-2004 adopted June 16,2004, to include
criteria for delineation of Tier boundaries in accordance with Goal 105;
WHEREAS, the Monroe County Board of County Commissioners makes the following
Findings of Fact:
1. Goal 105 provides a framework Jor future development and land acquisition for the
next 20 years that considers the carrying capacity of the Florida Keys, reduces sprawl and
promotes sustainability.
2. The specific Tier Map designation criteria and Tier Overlay District were developed
following the general criteria in Goal 105, identifying areas appropriate for additional
development and those which are important environmentally and should be preserved.
3. The Planning Commission, after hearing public comments and staff input at four
public hearings on the draft criteria, recommended approval on November 3, 2004, to the Board
of County Commissioners of the proposed amendments to the Land Development Regulations.
P:\Tier\Tier Overlay Criteria-031506.doc
Page 1 of?
4. The Board of County Commissioners during the series of public hearings held in the
first part of2005, directed staff to make revisions to the boundary criteria for delineation of Tiers
and by changing all Tier II designations outside of Big Pine Key and No Name Key to a Tier III
designation.
5. The Board of County Commissioners approved in concept revisions to the habitat
protection elements of the proposed amendments to the Comprehensive Plan on August 17,
2005, in response to concerns raised by the Governor and Cabinet and negotiations with DCA
staff regarding the need for further habitat protection in formerly Tier II designated areas.
6. The Board of County Commissioners adopted amendments to the Comprehensive
Plan on September 22, 2005, that made further revisions to the Tier system by instituting a Tier
III-A (Special Protection Area) for improved habitat protection in Tier III.
7. The Growth Management Division staff prepared specific criteria for the delineation
of the Tier III-A (Special Protection Area).
8. Tier I includes all contiguous hammock areas above four acres and restoration areas
between fragmented smaller hammock patches to increase the hammock size and buffers where
possible.
9. Hammock size is a major determinate of habitat quality according to FKCCS, which is
why size and connectivity were used to identify the best and most important terrestrial habitat
areas for preservation.
10. Tier III is appropriate for additional infill development because of the location and
amount of existing development in the areas designated and the absence of significant upland
native habitat patches.
11. Tier III-A, referred to as "Special Protection Area" in the Comprehensive Plan,
includes isolated upland native habitat patches of one acre or more in area that require increased
protection from development.
12. The Tier Overlay District regulations, established for Big Pine Key and No Name
Key by Ordinance 29-2005, created a new Section 9.5-256, Monroe County Code that
establishes a mechanism for implementation of the Tier System by overlaying the Land Use
District Map and amending the boundaries of the Tier System.
13. The Board of County Commissioners has reviewed the proposed amendments to
Section 9.5-256 to incorporate specific criteria for designation of Tier I, III, and III-A (Special
Protection Areas) boundaries.
[THE REMAINDER OF THE PAGE IS LEFT INTENTIONALLY BLANK.]
P:\Tier\Tier Overlay Criteria-031506.doc
Page 2 of7
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1: The boundary criteria for Tier I, II, III, and III-A (Special Protection Area) are
consistent with and further the goals, objectives and policies of the Year 2010 Comprehensive
Plan, particularly Goal 1 05 and its associated objectives and policies;
Section 2: Section 9.5-256, Monroe County Code, is hereby amended that reads as follows:
"Sec. 9.5-256. Tier overlay district.
(a) Purpose: The purpose of this Tier Overlay District is to designate
geographical areas outside of mainland Monroe County, excluding the Ocean Reef
planned development, into tiers to assign ROGO and NROGO points, determine the
amount of clearing of upland native vegetation that may be permitted, and prioritize lands
for public acquisition. The Tier boundaries are to be depicted on the Tier Overlay
District Map. Lands on Big Pine Key and No Name Key shall be delineated as Tier I, II,
or III. Lands in the remainder of unincorporated Monroe County, excluding the Ocean
Reef planned development, shall be delineated as Tier I, ill, and III-A (Special Protection
Area).
(b) Tier boundaries: Tier boundaries shall follow property lines wherever
possible, except where a parcel line or distinct geographical feature, such as a canal or
roadway, may be more appropriate.
(c) Tier boundary criteria, excluding Big Pine Key and No Name Key: The
Tier boundaries are designated using aerial photography, data from the Florida Keys
Carrying Capacity Study,the endangered species maps, property and permitting
information and field evaluation. The following criteria at a minimum are used to
evaluate upland habitats and designate boundaries between different Tier Overlays:
(1) Tier I boundaries shall be delineated to include one or more of the
following criteria and shall be designated Tier I:
a. Natural areas including old growth as depicted on the 1985
Existing Condition Map and new growth of upland native
vegetated areas identified by up-to-date aerials and site surveys,
above four (4) acres in area.
b. Vacant lands, which can be restored to connect upland native
habitat patches and reduce further fragmentation of upland native
habitat.
c. Lands required to provide an undeveloped buffer, up to five-
hundred (500) feet in depth, if indicated as appropriate by special
species studies, between natural areas and development to reduce
secondary impacts. Canals or roadways, depending on width may
P:\Tier\Tier Overlay Criteria-031506.doc
Page 3 of7
form a boundary that removes the need for the buffer or reduces its
depth.
d. Lands designated for acquisition by public agencies for
conservation and natural resource protection.
e. Known locations of threatened and endangered species as defined
in section 9.5-4, identified on the Threatened and Endangered
Plant and Animal Maps or the Florida Keys Carrying Capacity
Study maps, or identified in on-site surveys.
f. Conservation, Native Area, Sparsely Settled, and Off-Shore Island
Land Use districts.
g. Areas with minimal existing development and infrastructure.
(2) Lands located outside of Big Pine Key and No Name Key that are not
designated Tier I shall be designated Tier III.
(3) Designated Tier III lands located outside of Big Pine Key and No Name
Key with tropical hardwood hammock or pinelands of greater than one
acre in area shall be designated as Special Protection Areas.
a. The following conditions shall constitute a break in pinelands or
tropical hardwood hammock for calculating the one-acre minimum
patch size for designation of Tier III-A boundaries:
1. U.S. Highway 1, canals and open water
2. Any disturbed pinelands or tropical hardwood hammock
with invasive coverage of forty (40) percent or more;
3. Property lines of developed lots or vacant lots with a
ROGO allocation award or an issued building permit, as of
September 28, 2005, located within a Land Use District
that allows only one unit per lot; or
4. Property lines of developed parcels of less than 10,000
square feet in area with a ROGOINROGO allocation award
or issued building permit, as of September 28, 2005,
located within a Land Use District that allows residential
development of more than one dwelling unit per parcel/lot
or non-residential development.
b. Lots designated Tier III-A (Special Protection Areas) on the
11/29/05 maps may petition the county for a rezoning to Tier III if
the lot meets one ofthe following criteria:
1. The lot will be served by a central sewer and the
wastewater collection system has an approved permit
that was effective 3/21/06 to construct the system on
P:\Tier\Tier Overlay Criteria-031506.doc
Page 4 of7
file from the Department of Environmental Protection;
or
2. The lot is located within a one acre patch of
hammock that is divided from the other lots that make
up the one acre or more patch by a paved road that is
at least 16 feet wide.
Such lots may be granted a score of 30 points through an
administrative determination made by the County Biologist, the
Director of Growth Management and rendered to the Department
of Community Affairs until such time as the County sponsors a
zoning map change to update the Tier Three Overlay Zoning Map
and it is approved by the Department of Community Affairs.
c. Any hammock identified in the County's data base and aerial
surveys as 1.00 to 1.09 acres in area shall be verified by survey
prior to its designation as Tier III-A A hammock that is deemed
by survey and a field review by County Biologists to fail the
minimum size criteria shall have the Special Protection Area
designation removed from the subject parcel.
(c) Big Pine Key and No Name Key Tier Boundary Criteria: The Tier
boundaries shall be designated using the Big Pine Key and No Name Key Habitat
Conservation Plan (2005) and adopted Community Master Plan for Big Pine Key and No
Name Key.
(d) Tier overlay district map amendments: The Tier Overlay District Map
may be amended to reflect existing conditions in an area if warranted, because of drafting
or data errors or regrowth of hammock. However, the clearing of tropical hardwood
hammock or pinelands that results in the reduction of the area of an upland native habitat
patch to less than the one-acre minimum shall not constitute sufficient grounds for
amending the designation of a Tier III-A area to Tier III. The Tier Overlay District Map
amendments shall be made pursuant to the procedures for map amendments to this
chapter. Unlawful conditions shall not be recognized when determining existing
conditions and regulatory requirements.
(e) Request for Tier I designation: Notwithstanding the provisions of
Section-9.5-511(d)2, any individual may submit an application to the planning
department containing substantial and competent documentation that an area meets the
Tier I criteria. Applications must be received by July 1 of each year on a form approved
by the director of planning for consideration by the special master at a public hearing
advertised at least fifteen (15) days prior to the hearing date. Said hearing by the special
master shall be held prior to November 1 of each year. The director of planning will
review the documentation and any other appropriate scientific information and prepare an
analysis report for the special master. The special master will render a written opinion to
the planning commission and board of county commissioners either that the application
meets the criteria for designating the lands as Tier I or that the documentation is
P:\Tier\Tier Overlay Criteria-031506.doc
Page 5 of7
insufficient to warrant a map amendment. The posting, advertising and review will
follow the procedures in sec. 9.5-51 I (d)(3)(4) and (5)."
Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held
invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the
repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
Section 5. This ordinance does not affect prosecutions for ordinance violations committed prior
to the effective date of this ordinance; does not waive any fee or penalty due or unpaid on the
effective date of this ordinance; and does not affect the validity of any bond or cash deposit
posted, filed, or deposited pursuant to the requirements of any ordinance.
Section 6. This ordinance shall be filed in the Office of the Secretary of State of Florida. This
ordinance shall not become effective until July 14, 2006, but not prior to or without a notice
issued by the Department of Community Affairs or Administration Commission approving the
ordinance.
Section 8. This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs to determine the consistency of this
ordinance with the Florida Statutes.
Section 9. The provisions of this ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be
appropriately numbered to conform to the uniform numbering system of the Code.
[THE REMAINDER OF THE PAGE IS LEFT INTENTIONALLY BLANK.]
P:\Tier\Tier Overlay Criteria-031506.doc
Page 6 of7
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 15th day of Karch , A.D., 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Murray Nelson
Commissioner George Neugent
Commissioner David Rice
Commissioner Dixie Spehar
Not: PT@sent
Yes
Yes
Bot Present
Yes
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
~~ .~:- J7~. ~ .
:f17~"'r'-.,;;J,";'""",,, ~
BY:
M~)'QlI(,lIaitp~ml
Mayor Pro Tem Murray Nelson
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
B<l=~
epu Clerk
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P:\Tier\Tier Overlay Criteria-031506.doc
Page 7 of7
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17,2010
Bulk Item: Yes x No
Division: Growth Management
Department: Planning & Environmental Resource
Staff Contact Person: Townsley Schwab
Ext. 2523
AGENDA ITEM WORDING: Approval of a resolution extending the deadline until March 31, 2011 for the reservation of
the "H" value and for the award of sixteen (16) affordable dwelling unit ROGO allocations for Caya Place LLC on Big Pine
Key on the eastern parcel (RE 00111078.000000) of property located at 30641 US Highway 1 (aka Skeeter's Marine).
ITEM BACKGROUND: The owner of the property, Richard C. Beal, has requested to develop sixteen (16) units of
affordable housing in the name of Caya Place LLC on Big Pine Key at a location commonly known as Skeeter's Marine.
Caya Place LLC received a minor conditional use permit by Development Order 01-09 to develop the affordable housing
project and received a two year extension pursuant to application made under Senate Bill 360. Building permit applications
must be submitted by October 28,2011 and Certificates of Occupancy received within two (2) years of issuance according to
the Monroe County Code provisions in effect at the time the conditional use was issued.
The BOCC reserved "H" value necessary (.0087H and .0261 mitigation land credit) for Caya Place, LLC to build on Big
Pine Key which reservation currently expires March 19, 2010. Pursuant to the USFWS Incidental Take Permit and the
Habitat Conservation Plan for Big Pine Key and No Name Key, the County is required to maintain a certain amount of land
to provide habitat for the Key Deer and other endangered species to offset the possible harvest ("H") of the species related to
development. The County shall not exceed impact to key deer habitat which equals 1.1 H, with a requirement to have three
times that amount of land acquired and held in conservation = 3.3 H. The remaining balance of H (impact) currently
remaining for development = 0.605 H. The County has acquired only 1.94H of land of the required 3.3H mitigation. Land
equivalent to 1.36H is still required for acquisition on Big Pine Key and/or No Name Key.
The BOCC reserved 16 affordable housing ROGO allocations for Caya Place LLC. This reservation expires March 19,2010.
The developer agreed to abide by County Affordable Housing requirements and all applicable Building Code and Planning
requirements as well as all other appropriate regulatory agencies of the County, State or Federal Government.
Big Pine/No Name Key has 40 affordable housing allocations over the life of the Master PlanlIncidental Take Permit at a rate
of 2 per year over 20 years, beginning in 2003 through 2023. When Caya Place requested 16 allocations, 6 had been awarded
to other users and 6 remained available in the pool (2003 to 2009 = 6 years times 2 per year = 12 available). In order to
accommodate Caya Place, 10 affordable housing allocations were borrowed from the future, which means the allocation was
reserved to through ROGO year 21, ending July 12,2013. Currently 18 affordable housing allocations remain available after
that date for Big Pine/No Name Key, if Caya Place continues to reserve 16 allocations.
This site is on the FEMA injunction list and while the owner has officially requested to be removed from the list, to date, the
site remains listed.
PREVIOUS RELEVANT COMMISSION ACTION:
February 19, 2009 - BOCC approved resolution 060-2009 reserving 16 affordable dwelling units and reserving "H" value
necessary for Caya Place LLC which expires March 19,2010.
October 15, 2008 - BOCC approved Resolution 346-2008 reserving the "H" value necessary for a proposed affordable
dwelling unit development for Caya Place LLC.
March 19, 2008 - BOCC approved Resolution 077-2008 reserving 16 affordable dwelling unit allocations for Caya Place
LLC.
CONTRACTIAGREEMENTCHANGES: N/A
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A INDIRECT COST:
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes
BUDGETED: Yes
SOURCE OF FUNDS: N/ A
No N/ A AMOUNT PER MONTH: N/ A Year
No N/A
APPROVED BY: County Attorney _x _ OMB / Purchasing _ Risk Management_
DOCUMENTATION: Included ~
Not Required_
DISPOSITION:
AGENDA ITEM #
RESOLUTION NO.
-2010
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING A SECOND EXTENSION UNTIL
MARCH 31, 2011 FOR THE RESERVATION OF SIXTEEN AFFORDABLE
DWELLING UNIT ALLOCATIONS AND FOR THE RESERVATION OF
"0" VALUE NECESSARY FOR A PROPOSED AFFORDABLE
DWELLING UNIT DEVELOPMENT ON BIG PINE KEY FOR CAY A
PLACE LLC ON THE EASTERN PARCEL (RE 00111078.0??oo0) OF
PROPERTY LOCATED AT 30641 US mGHWAY 1 (COMMONLY
KNOWN AS SKEETER'S MARINE)
WHEREAS, the State of Florida and all local governments in the Florida Keys (each subject to
Area of Critical State Concern mandates relating to housing affordability) recognize the need for
affordable housing throughout the state and particularly in the Florida Keys where developable land for
housing is extremely limited and expensive; and
WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is
one requiring sensible and responsive use of residential unit allocations, including implementation of
long-term preservation mechanisms; and
WHEREAS, due consideration should be given to relevant factors such as the capacity for
allocation recipients to promptly transform allocation awards/reservations into finished and occupied
affordable/workforce housing units; and
WHEREASt the developers have legitimate needs for some assurance that allocations are in fact
and wiu remain available andlor justified for a reasonable time so that follow-through on initial
commitments will in fact be justified; and
WHEREAS, in accordance with Strategy 3.3 of the Master Plan for Future Development of Big
Pine Key and No Name Key, the county shall retain and expand availability of affordable housing within
the planning area to the greatest extent possible; and
WHEREAS, on March 19, 2008, the BOCC approved Resolution 077-2008 reserving 16
affordable dwelling unit allocations for Caya Place LLC; and
WHEREAS, the BOCe, on October 15,2008 approved Resolution 346-2008 reserving the "If'
value necessary for 16 proposed affordable dwelling units; and
WHEREAS, the BOCC, on February 19, 2009 approved Resolution 060-2009 extending the
reservation of"H" value and 16 affordable housing RooO allocations for the Caya Place LLC affordable
housing project; and
WHEREAS, the developer did not commence construction of the 16 affordable housing units by
March 19,2010 and therefore the ROGO allocations and "H" reservation will expire March 19,2010; and
WHEREAS, the developer has requested an extension for the "H" value reservation and 16
affordable dwellings unit allocations; and
WHEREAS, because of the current economic conditions, the developer wants an assurance that
the reserved allocations of the 16 affordable housing units and the ''If' value necessary for proposed
development to Caya Place LLC will be available; and
WHEREAS, an extension of the minor conditional use was granted so that the developer must
apply for building permits by October 28,2011; and
WHEREAS, because of the limited "H" and ROGO allocations for Big Pine Key, staff
recommends that this extension be no longer than one year and then re-evaluated if no action has been
taken for development;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: The Monroe County Planning Department shall extend the reservation of sixteen
(16) affordable ROGO allocations of workforce housing for the Caya Place LLC project on Big Pine Key
until March 31, 2011.
Section 2: The Monroe County Planning Department shall extend the reservation of the "R"
value necessary for the proposed affordable dwelling unit development until March 31, 2011.
Section 3: The developer, Caya Place LLC, has committed, as per his correspondence to
Growth Management dated February 22,2008 (Exhibit 1), to abide by Monroe County Code affordable
housing guidelines and requirements, and shall comply with all applicable Building Code requirements,
and requirements of the Planning Department and any other oversight agencies.
Section 4: The Planning Staff is hereby authorized to process expeditiously permit related
applications for the above referenced project when received.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 171h. day of March, 2010.
Mayor Sylvia Murphy
Mayor Pro Tern Heather Canuthers
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Mario Dj Gennaro
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA
BY
Mayor Sylvia Murphy
(SEAL)
ATTEST: D~L.KOLHAGE,CLERK
MONROE COUNTY ATTORNEY
APP VEO AS TO FORM:
...
DEPUTY CLERK
EXHIBIT 1
PO Box 430273
81g Pine Key, Fl33043
305-872-"'" - www.eayaplaee.eo..
2J22/2OO8
Monroe County Growth Management
2798 Oversea. Hwy. Suite 1# 41 0
Marathon. FI 33050
Andrw TrMIaa,
Please find below the scope of the Caya Place project and the conditions I understand and
accept.
In reference to my Cays Place proposed project. I request that Monroe county award. by
resolution of the BOCC, the available 18 ROGa affordable housing .,Iocations to my Big Pine
Key property REII 0011178-??oo00, before further expendltu.... .re incurred.
2. I wit! abide with all the Monroe County Code '-wa and previsions of affordable I
employee h.ousing as written in the Monroe Count Code at time of ROGO
allocation issuance.
3. I will construct the houses at no cost to Monroe County.
4. I understand that the HCP & ITP tor Big Pine Key requires mitigation.
5. I do not offer to pay any mitigation either in moneys or any other type of payment,
until fully informed. in writing, of such costs, jf any and I accept the presented
terms and costa.
6. I understand that the ROGO allocations awarded will revert back to the ROGO
bank if the building permits are not ISlUed within one calendar year from the
award by r8lOIution from the BOCC of said allocations.
7. I ask that the request for the above 18 ROGO allocations will be on the March
agenda of the BOCC for possible approval and award.
BOARD 0.' COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 3/17/10
Division: Growth Management
Bulk Item: Yes
No
Department: Building
Staff Contact PcrsonlPhone #: Joe Paskalik, CBO
289-2574
AGEl\l>A ITEM WORDING: Approval to create a new position of Application Analyst (Pay Grade
II) at the Marathon Growth Management Offices and under the Building Department Budget.
ITEM BACKGROUND: Growth Management continues to move improve and streamline processes
through automated documentation. While reviewing and considering updates to present processes, the
need for a full time application analyst has become apparent. This position will assist the Department
with documenting written business processes. a'isuring consistent application of process
implementation and will work to continually improve automation with Pentamation or other software.
in addition it is anticipated the position will provide electronic knowledge and interpreted
documentation.
By not filling two budgeted part time positions and using unexpended funds, this position is revenue
and expense neutral for FY 09-10. ill addition it is not anticipated this position will increase FYIO-ll
budget needs
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDATIONS: APPROVAL
TOTAL COST: $72.000 (including. benefits) INIlIRECT COST:_BUDGETED: Yes K.No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $72.000.00
SOURCE OF FUNDS:
AMOUNT PER MONTH_ Year
REVENUE PRODUCING: Yes
No
DOCUMENTATION:
Included.
/~;Chllsing __. Risk Management ___
X Not Required_
APPROVED BY: County Atty _
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY
JOB DESCRIPTION
Position Title: Application Analvst
Position Level: 11 1 FLSA Status:
I Date: 02-08-10
I Class Code'
GENERAL RESPONSIBILITIES
This position is responsible for design, development, implementation. administration, technical leadership,
management. security, training and evaluation of Growth Management Division's business processes, software
system and knowledge/communication maintenance.
KEY RESPONSIBILlTES
Documentation, publication. and maintenance of Business Processes for the Building, Code Enforcemen~ Planning,
and other departments within the Growth Management Division. as assigned, working \\oith staff members, to achieve
fair and equitable application of regulations.
Development of processes Lo achieve knowledge and communiC3tion documentation within database to provide the
public and staff with a mechanism for retaining administrative interpretations and dctcnninations for improved
service to Division customers.
Recommend and revise processes, with staff input, to achieve streamlined and efficient computer software application
to implement business processes.
Administration of department software application serving as liaison to software system vendors, softwarelhardwarc
service provider, ITS, Department Director, Managers and other staff to effect trnnsitiOll to new software, achieve
maximum utility and continued improvements. Responsible for management and timeliness of the implementation
schedule. Coordinate business practices between divisions to ensure smooth transactions i.e., pennitting. inspections,
code enforcement, development review, zoning, licensing, planning, engineering and fire.
Development and support of the system. modifying and maintaining all application screens. fields, tables, indexes,
forms, reports and letters: monitoring, troubleshooting and resolving issues l\cith the application. Ensuring data
integrity in the system.
Set up, m:llnt!\in and evaluate security tables for new and cxisling employees. Match security levels assigned to
funclions within the software to our business practices
Provide application training and functional support to all users.
Implemenl and test all additions and upgrades to software system, with coordination of staff, to assure compliance
with regulations.
Department and inter-deparunem meetings as required.
J ndependence of action and decision making responsibilities.
Other duties as assi
The infonnation on this description has been designed to indicate the general nature and level of work performed
by employees within this classification. It is not designed to contain or be interpreted as a comprehensive
invento of all duties, r: onsibilities and ualifications rc uired of em Iovees ass' ed to thisob.
I Position Title: Application Analyst
JiA:Jucation:
Experience:
Impact of Actions.
Complexity.
Decision Making:
Communication
with Others:
Managerial Skills:
Working Conditions!
Physical Hffort:
On Call
Re uirements:
Other.
[ Class Code:
I Position Level: 11
KEY JOB RE UlREMENTS
Bachelor's De ee r uired in or Business Administration or Com uter Science.
5- 7 years, preferably within a similar organization including the various departments of
Building, Code Enforcement., Planning,
Environmental, Flood.
Makes decisions and final recommendations which routinely affect the activities of an
entire division. Position duties may include responsibility tor developing strategic plans or
recommended rocess chan es for one or marc divisions
Analytic: Work is non-st1ndardized and widely varied requiring the interpretation and
application of a substantial variety of procedures, policies, and/or precedents used in
combination. Frequently, the application of multiple, technical activities is employed;
therefore anaJytical ability and inductive thinking are required. Problem solving involves
identification and anal 'sis of diversc issues.
Analytic: Supervision is present to establish and review broad objectives relative to basic
position duties or departmental responsibilities. Independent judgment is required to study
previously established., often partially relevant guidelines; plan for various interrelated
activities; and coordinate such activitics within a work unit or while com leti a ro'ect.
Requires regular contacts with internal and extcrnal persons of importance and influence
involving considerable tact, discretion and persuasion in obtaining desired actions and
managing relationships at a high level. Ability to team build and gain consensus of multi-
disci line a must.
Responsible for making recommendations within a department in the areas of
compensation, staff selection, disciplinary action, complaints, staff performance appraisal,
and similar supervisory duties. Plans, assign and cvaluates the work of subordinates for
effective 0 eration and results of the unit.
Majority of work is in a normal office situation typically sitting at a desk or table. Work
requires only minor physical exertion andlor strain. Field work is occasionally required.
Work environment involves onI infre uent osure to dis eeable elements
None.
Valid Florida Drivers License. Computer skills: knowledge of Microsoft Office, Adobe
Creative Suite, Pentamation or similar software s stem r uired and ArcGIS desired.
Department Head:
APPROVALS
Name:
Signature:
Datc:
Division DIrector:
Name:
Signature:
Date
County Administrator:
Name
Signature:
Date:
On this date I have received a copy of my job description relating to my employment with Monroe County.
Name:
Signature:
Date:
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17.2010
Division:
Growth Management
Bulk Item: Yes ---X- No
Department:
Staff Contact PersonlPhone #: Christine Hurley
Ext.2517
AGENDA ITEM WORDING: Approval of Addendum No. 4 to the Software License Agreement
between Monroe County and Sungard Public Sector Inc. to upgrade the permitting software, provide
onsite training and additional services as necessary to the Building, Planning and Environmental
Resources and Code Enforcement Departments for a total amount not to exceed $88,000.00.
ITEM BACKGROUND: On January 14, 1999 the BOCC approved a Software License Agreement
with Pentamation Enterprises to replace the AS400 computer system which was not Y2K compliant.
On July 17,2002, the Board approved an addendum for software upgrade and training. On July 19,
2007, the Board approved another Addendum to upgrade the software, installation and training.
Addendum No.4 provides for additional onsite training "to go live", additional required customer
service capability and additional services that are needed. The Pentamation Software is a proprietary
system and as a result it is the only vendor that can provide the services requested.
PREVIOUS RELEVANT BOCC ACTION:
September 19,2007 - BaeC approved Addendum
July 17,2002 - BOCC approved Addendum
January 14,1999 - BaCC approved Software License Agreement
CONTRACT/AGREEMENT CHANGES: nla
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $88.000
INDIRECT COST:
BUDGETED: Yes ~No
DIFFERENTIAL OF LOCAL PREFERENCE: nla
COST TO COUNTY: $88.000
SOURCE OF FUNDS: 148-50002-530340
REVENUE PRODUCING: Yes No
DOCUMENTATION:
Included x
X AMOUNT PER MONTH Year
+Chasing ---1L- Risk Management ~
Not Required_
APPROVED BY: County Atty -1L-
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Sugard Public Sector, Inc Contract #_
Effective Date: 9/19/2007
Expiration Date: nla
Contract Purpose/Description:
Addendum #4 to Software License Agreement between Monroe County and Sungard
Public Sector Inc. to upgrade the pennitting software, provide onsite training and
additional services as necessary.
Contract Manager: Christine Hurley 2517 Stop #11
(Name) (Ext. ) (Department/Stop #)
- - .
for BOCC meeting on March 17,2010 Agenda Deadline: March 2, 2010 -
..
CONTRACT COSTS
Total Dollar Value of Contract: $
Current Year Portion: $ $30,600.00
Budgeted? YeslZl No 0
$88,000.00
Account Codes: 148-50002-530340-_-_
Grant: $
County Match: $ N/ A
- - - -
-----
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
'(Not included in dollar value above) (ell:. maintenance, utilities,janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Needed ~r ./ ../
Division Director YesO NoD. h /' 3-;l-/{)
Foe. ~.
RiskMana~~t ~)"-ID Yes[]NeEf " _ · -;)-70
o.~.Ipu~aslng ~/D YesO N()~ \'..~
County Attorney ~O YesO No{i(J .d>>t 2 A ~
Date In
.1..- ~ 0
Comments:
ADDENDUM NUMBER FOUR TO CONTRACT BETWEEN
MONROE COUNTY AND SUNGARD PUBLIC SECTOR INC.
THIS ADDENDUM NUMBER FOUR to the contract between Monroe County (County) and
SUNGARD PUBLIC SECTOR INC, formerly SUNGARD PENTAMATION, INC. (Contractor)
whose address is 1000 Business Center Drive, Lake Mary, FL 32746 dated January 14,1999
is entered into on the _day of , 2010.
WITNESSETH:
WHEREAS, the County entered into a contract dated January 14, 1999 for software for the
building department and for other services in order to become Y2K compliant; and
WHEREAS, the contract was amended by addendum (de facto Addendum 1) on July 17,
2002 for an upgrade to the software and for personnel training which services were
executed; and
WHEREAS, the Contract was amended by Addendum (de facto Addendum 2) to the
Software License Agreement on September 19, 2007 in the amount of $48,290 of which
$36,290 was expended by County; and
WHEREAS, the Contract was changed (de facto Addendum 3) to add an additional $11,050
to the $12,000 which remained unspent pursuant to the County Administrator's purchasing
authority providing for additional and changed software and training for a total of $23,050 ,
the need for which occurred during the implementation of the September 17, 2007 contract
Addendum 2; and
WHEREAS, the total amount for the additional services under the contract pursuant to
Addenda 2 and 3 is $59,340; and
WHEREAS, during implementation of Addendum 3 it was determined between County and
Contractor that $7,550 of services provided for in Addendum 3 were not needed at this time,
but additional and different services are necessary; and
WHEREAS, County needs specific services for training in the amount of $7,600 that are
required at this time, software in the amount of $7,500 that is required at this time, as well as
other non-specified services which may be determined at a later date to fully implement the
new software services for the Division of Growth Management; and
WHEREAS, Contractor desires to do the work requested;
NOW, THEREFORE, the parties agree as follows:
1. Additional duties and tasks are added to the Scope of Work as indicated on the preliminary ---
specification attached as Exhibit A and Sungard Plus Series Professional Services Work
Order dated February 19, 2010 attached as Exhibit B.
2. County and Contractor may negotiate additional services or provision of software under
this contract by Purchase Order.
3. Compensation to Contractor is increased to a total not to exceed $88,000.00 pursuant to
this Addendum 4.
4. All other provisions of the contract between the parties remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Addendum Number 4 as indicated
below.
ATTEST:
DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
Deputy Clerk
Mayor Sylvia J. Murphy
WITNESSES:
(1)
SUNGARD PUBLIC SECTOR, INC.
By:
President
Print Name:
Print Name
Date:
(2)
Print Name
[6cS r.....
~~/)/l.
Oal~ ~ - J.. ~ 1<1...... __
/'"
December 7, 2009
.' ~. www.sunaardDs.cam/Dlussenes .' . .
SUNGARD'
~)
~. ..~t"," ". .,.. '::. .,': l)"i .r:",r~
***via e--mail***
. grirnsley-susan@monroecOlmty-tlgov
[JJ~l1ariiJa_w
@[JJ~@a[pa@&LfO@~
Susan Grimsley
Monroe County Building
1200 Truman Avenue
Key West, FL 33040
Dear Susan:
We have completed the preliminary analysis of your request for modifications to the Cash Receipts v8.2 module.
Please refer to the attached narrative based upon our current understanding of your requirements.
Proieet Name
Add Encompass Reeeipt FunctionaHty
Based upon this preliminary analysis. Pentamation's cost estimate range to complete this project is as follows:
Reference Projeet Estimate & Detailed
Proiect Number Cost Ran2e SDeeifications Cost
ACMR0015 $6.000 -7.500 ~
-
r)
This estimate will expire 60 days after the date of this correspondence.
TItis estimated cost range is presented for planning purposes only. To proceed with this project, we will perform
an in-depth analysis of your request and provide you with detailed specifications and a fixed project cost. The fee
for this is 25% of the maximum project cost listed above and is payable upon delivery of the specifications. The
remaining 75% will be due upon the delivery of the software. Note that the detailed specifications cost is
included in the total project cost range. Maintenance for the custom software is available at an additional annual
charge.
You will have a 45-day period immediately following delivery of the software to work directly with the
programmer to test and verify that it perfonns in accordance with the specifications. Any defects reported during
this period will be corrected. After the initial 45-day a period, questions and problem reports must be directed to
the help desk. The software must be covered under maintenance as of the deli very date in order to receive support
after the 45-day period. Unless otherwise stated above, the terms and conditions of the base Agreement with
SunGard Pentamation will apply. SunGard Pentamasion reserves the right to remove the software for non-
payment.
)
. CJ~1 to
;vII 0 (
€XHI/3/T ~
,"'Ac.:Cr) ,-;( 3
SUNGARD.
I)
I)r"jcl't 1# \( "ROIlIS
I~c' i'iinn I.lln
Add Encompass Receipt Functiondlity
'Inn'-Ile ('''"l1t~., H.
I)l'l'cmhcl' 7. !/I119
'1I.."n f ;rim'ilc~
. STATEMENT OF REOUEST
The client has requested that functionality be added to the Cash Receipts module which will allow easy access to
common fees for use within receipt entry, as well as the addition of two fields for notes to be associated with a
receipt. There has also been a request to generate reports by account numbers to enable them to enter the
infonnation into their financial application.
Overview I Summary
The purpose of this project is to add common fee processing to the cash receipt entry process, along with generating
Cash Receipt reports which will enable the users to make the entries into their financial software. Two lines for notes on
a receipt would also be added.
DescriDtfon
The entry of cash receipt infonnation would be the standard process, until the user enters a specific
'miscellaneous' revenue code indicating the processing of a common fee. Upon the entry of a specific,
'miscellaneous' revenue code, a search screen will appear allowing the user to search for and select a fee from the
common fees within the system. After selecting a fee, the user will enter a quantity to indicate the multiple of the
fee being paid This quantity will be used in calculating the total amount.
I)
The user will have access to two (2) new fields which will allow input of two 25 character notes to be associated
with each receipt.
The receipts generated by the cash receipt entry process will contain the line item details from the receipt entry
screen, as well other pertinent infonnation. For example, a permit receipt will display all of the fees being paid,
as well as infonnation regarding the permit such as site infonnation, owner and contractor data. This permit
receipt is currently generated by the baseline cash receipt processing, however detailed receipts pertaining to other
modules are not present. Another example of an 'expanded' receipt would be the Contractor License Receipt. It
would contain applicant infonnation, as well as the individual fees being paid. Miscellaneous receipts would
detail the fees paid and the other infonnation gathered at the time the fees are paid. Any other specific receipts
and their associated revenue codes will need to be identified.
Since the users will be using reports to transfer the accounting infonnation to their financial software, it will be
necessary to generate reports which display specific account infonnation for the transactions. This account
infonnation will be used to make manual journal entries in the financial software.
Reports to be generated include:
Daily Cash Receipts Detail by Account
Daily Cash Receipts Detail by Receipt
Daily Cash Receipts Detail by Fee
~ J4r~jJb
)
r.::.--~/l/~ I T /1
PrlCv(r ~_ { J
I)
)
I)
SUNGARDll
Pmi~cf I; \( '1I~()11I5
I~~, j,illn 1.1111
Add Encompass Receipt Functionality
'tllurm.' ("lIl1nt~. H.
I)t'l'l'mhl'" 7. ~"tlCJ
'11';111 (;rinhlt'~
[?~I1QWAJQ~
@[?~@Or?O@/A\1l0@~
Please provide a purchase order number for the cost of the analysis, sign and date this letter in the space provided,
and return to Sungard Pentamation directed to my attention. We need this by Deadline Date so that we may
complete the detailed specifications within your timeline. Please feel free to contact me if you have any questions
or wish to further discuss the details of this project.
Sincerely,
if....,le/ J- ca ~ of. ~,-
Tedd J. Orlowsley
Sungard Public Sector, Local Government
I authorize Sungard Public Sector to proceed with the programming analysis, detailed specifications and fixed project
cost.
Project ACMROOlS - Add Encompass Receipt Functionality
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ACORiJ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY)
~ 05104/2009
I PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION
I Marsh USA Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
I TWO LOGAN SQUARE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
!
I PHILb.DELPHIA, PA 19103-2797 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
I Alln: 215-246-1000 I NAIC#
I PENTA GAW
i 669365-SUNGA-GAWU-09-10 INSURERS AFFORDING COVERAGE
I INSURED SUNGARD DATA SYSTEMS INC., INSURER A: Liberty Mutual Insurance Company 123043
! ITS COMPANIES AND SUBSIDIARIES INSURER B: NIA IN/A
680 E. SWEDESFORD ROAD INSURERC: Liberty Insurance Corporation i 42404 I
I WAYNE, PA 19087
! INSURER D: I
I
i INSURER E: J
-- -
COVERAGES
r.' - THEPOI.-ICIES -oF-iNsuRANce....L1STED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
i NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE
I MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND
~ C.ONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDU.CED BY PAID CLAIMS.
sRADi'1; TYPE OF INSURANCE POUCY NUMBl!R ' POUCY IR'ECllVE POUCY EXPIRATION UMITS
L TR IINSRq DATE (MMlDDIYYYY) DATE (MMlDDIYYYY)
; A 1_ . TB2-631-508221-049 05/01/2010
~COMMERCIAL GENERAL LIABILITY
i CLAIMS MADE [KJ OCCUR
I !X C.ClliIRACIUALIIARIIITY
I
'It i GENERAL AGGREGATE LIMIT APPLIES
~-- POLICY -- ~r& -; LOC
,I' A lAUTOMOBlLEUASILITY
,Xl ANY AUTO
--1 ALL OWNED AUTOS
~ SCHEDULED AUTOS
; X HIRED AUTOS
, X NON-0WNED AUTOS
,X AUTO PHYSICAL DAMAGE
I GARAGE UASILITY
ANY AUTO
; 05/01/2010
RETENTION $
i C WORKERS COMPENSATION AND
C EMPLOYERS' UASILITY WC7 -631-508221-029 (WI)
i ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N
! ,OFFICERlMEMBER EXCLUDED? 0
'I (Mandatay in NH) If yes, describe under
SPECIAL PROVISIONS below
OTHER
0:-...., ..-'"" -~-l
L.:\- ,.. _
.; --
NJr: ~- ..-~. .-
J , l.. - . _," ,''::.3..--- _
-.. ,-""' t~lh. ..p---
I DESCRIPTION OF OPERA T10NSlLOCA TlONSlVEHICLESlEXCLUSIONS i\DDED BY ENDORSI!MI!NTISPECIAL PROVISIONS
I MONROE COUNTY BOARD OF COUNlY COMMISSIONERS IS LISTED AS AN ADDITIONAL INSURED.
I
,
I
I
8
1
1,000,000
10,000
1,000,000
10,000,000
2,000,000
2,000,000
1,000,0001
1'000'0001
1,000,000
I
I
1
i
I
1
I
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE
EXPIRATION 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 OBUGATlON OR UABlLITY OF ANY KIND
UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
A~BW~ATlVE d~......
Mary Radaszewskl
--.- --- .-- -- J
@1998-2009ACORDCORPORATION.AII Rights Reserved
The ACORD name and logo are registered marks of ACORD
CLE-002224012-18
MONROE COUNTY BOARD OF
COUNlY COMMISSIONERS
ATTN:MAYRATEZANOS
1100 SIMONTON STREET
KEY WEST, FL 33040
l_.
ACORD 25 (2009/01)
l
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
Acord 25 (2009/01)
SUNGARD PENTAMATION INC.
ADDENDUM
Name and Addl"888 of Client:
Monroe County TechnicaJ Services
2798 Overseas Highway
Marathon, FL 33050
Telephone: (305) 289-2504
Aftn: Eric Udell
Licensor:
SunGard Pentamation Inc
3 West Broad Street
Bethlehem, PA 18018
Telephone: (610) 691-3616
Fax: (610) 954-8378
1. SunGard Pentamation and Client agree to amend their existing agreement, dated January 14, 1999,
to add the following as attached hereto and part of this Agreement. ~ 0 = ",
:;z:; )> ...., _
ProductJJ end Sfll'V/cu ~ P ~ ~ ~:-~
Appendbc 1 - Ucensed Software, Training and Support ~?'~;:: 7 ".,
Appendix 2 -Implementation Services ~~:..:' :.. N ;~]
Appendbc 3 - Hardware Equipment / SelVices ;'. ..: " -'i
:-;c-)~" ::z: ~;l
All terms and conditions of the existing Agreement shafl remain in effect (wit~~ i$cem;on OE
prices and payment terms indicated herein). Payment terms are as follows: iSo/d".f L..ns~
Software will be due upon execution of this Agreement. 75% of Ucensed Software dtJrupon
delivery of Software. The initial Maintenance and Support term shall be for a period of one year
commencing upon execution of this Agreement. Training and other professional services will be
invoiced on a monthly basis as incurred.
Monroe County is exempt from taxation. Its tax-exempt number is 85-8013825294C-7.
IN WITNESS WHEREOF AND INTENDING TO BE LEGALL Y BOUND, the parties have caused this
Agreement to be signed by its duly authorized officer.
SUNGARQ PENTAMATION INC
MONROE COUNTY, FL
By. ~~-
Print Name: Donald V. ADDleton
Print Title: President & Chief ODeratlna Omcer
By:
~~A
~
Print Name: Mario DiGennaro
Print Title:
Mavor/Chairman
Date Signed:
,"'Auau$f'2B.2007
.~/
. ..
I'
I'
i
i
Date Signed: Sentember 19. 2007
06107.926
\~:.~::~ ..<~ ,'.... .
.. ,
MONROE COUNTY ATTORNEY
APe.aOVEO AS T .
Monroe County, FL
Investment Summary Page
August 28, 2007
~~,
;:~':Ili
Appendix 1 - Licensed Software, Training and Support
eCommunityPLUS Applications
eGovPLUS Applications
Recommended Implementation I Training - eCommunityPlUS
Recommended Training - eGovPLUS
$9,020
5,420
8,800
800
Appendix 2 . Implementation Services
PLUS SERIES Custom Enabling
Custom Programming I Services
Data Conversion Services - eCommunityPLUS
750
12,000
3,750
Appendix 3 - Hardware EquipmenVService.
Installation Services
Total
7,750
$48,290
.,'
eCommunityPLUS Applications
eGovPLUS Applications
Total:
$4,375
840
DetaIled Investment Pag. Follow
$5,215
Monroe County, FL
6/07-926
APPENDIX 1 - LICENSED SOFTWARI;
Code Enforcement ~~ Fee) $2,800 $1,470 1.5 1.0 $4,000
ESRI Arcvlew GIS Interface 1 ~ ReInmtement FtHI) 1,000 525
Service Requests (J/IlIInt8Iranc ReIna,.,."..", Fee) 2,800 1,960 1.0 1.0 3,200
Workflow Center 2 2,420 420 1.0 1,600
Tot.. WIthout OptIonal Item.: $9,020 $4,375 2.5 3.0 $8,1DO
. FInit ~ maintenanc;e and support included at no additional coat.
-- ..~ US F-~ 0_.
, Tl'lIlnIng 8ndimplemenl8tlon days include product InIln1ng and Installatlon of software on up to six (6) desktop PCs at your site. PCs must have license for
ESRrs ArcVlew v9.x. The ~ component of lIle 4Js Genero complier must be inl!ltllJled on the applcatton server.
2 There Is no Installation fee when Installed with the core suite of appl/catlons. When inl!ltllJled as an add-on product thel1lls a phone InI!ltIIIIatIon ree of $1 ,000.
The product requires a dedicated native Microsoft Web Server running WIndow& and liS.
eCorrwnunltyPl.US requires tfIe lIVallabll~ of an ANSI c:ampallble 'C. CamplIer.
""~i~ !4";:;J;'i~ii.H~~{f'~~~i~ii~~1;g?;!l:~~iir~~~;~t~;~iif.f
I. I. . {'. -' I \~ . ~
I ~ I ~
, ,
, ~ . ( v ........ . . .
2,420
3,000
$5,420
420
420
$840
0.5
800
o
$800
e-Inspectors Portal'
e-Service Requests 1 (MaIntenance ReInstIItement Fee)
Total WIthout Optional Item.:
o FI" yeer maIrdlInance and SUpport included at no IIddlllonal cost.
0.5
tGoYP1..U8 Foamar..
1 Adckln to eGovPLUS core appl/catlon. The customer must license the eGovPLUS core appIlcalIon before a') add-on module can be Ucansed. If IIcen8ing
the eP8ymenI& Interface, the customer must e&C8b1lsh a P8ytIow Link lICCOUnt wIIh VerlSign (approldmate cost _ one time Mtup fee of $180 p/Us $2OImonth
for up to 500 1ran8actlons). There Is no Instal/atlon fee when installed In conjunction with the eGovPLUS core application. When instaled as an add-on
product, there Is a phone installllllon fee of $150 pet module.
Additional Tralnlna Notes:
The training tee for the above applleatlona is $1 ,600 per day plus tmell1IIated 8lCp8nSeS. Applicable lrlIveI expenses for tralnklg services are included in the daily
training rate.
Training days are baaed upon an eight hour day, which includes setup time.
Should addIiOllllI dally time be needed for implemenlatlon 8lIllIstance beyond the lII8nc:Iard eight hour day, this can be scheduled WIth the InlIner f01 the standard
trainIng rate of $1501hour.
Any training I8qUIred beyond tho8e dll)'8 IndIc8ted above wID be performed at the then slandard per c:fiem or hourfy tralring rate.
Training day counta lII'll based on a maximum cIaaa size of 161ndlviduaJs (eight desktops with two Individuals pet deslrtop).
Any training scheduled more IIlan 12 monllls after the exeeutlon date of this agreement will be at our then standard per diem rate.
The schedule f01 the abave ~nlng services wiD OCCU' as mutually agreed by SunGerd and Client and as documenteel in a training agenda that will be sent to the
Client. SunGard's cance/latlon policy requIres a 21-day adVance notice to cancel scheduleel trainIng. Cancellations within 6-21 clays of the scheduled seMce wID
be inva/ced at 50'16 of the tolal quoted servlce COllI. Canc:eIIation within 5 da)'a, Of' on the scheduled date, tile service will be invoiced at 1 ()Q'l(, of the quoted cost.
F 01 any cancellation of on-slte services, any non-refundabIe InIVll1 expenses wi! be involcecl to your organizatlon at cost.
Monroe County, FL
6/07.926
APPENDIX 2 . IMPLEMENTA nON SERVICES
Community Applications - Custom Enabling
Total WIthout Option" rtem.:
, '. " "~.~r.~;~~~~~t~ji~ ~ii: :~~~.~::,.~~::',/::L:i::t;:~':':::r'.~;~;:::ji ~~:;.i~:i;i:;:~~&~:.li~;,{~ ~~l:t~::' . :....., .:~: ~~ "';~ ~~:':' :
N/A
0.0
750
$750
.,' ~1"'I" ~-f to': .\" . ~~ ~:" : ': : ..~. :;' . .~.... "I ~P""'.: :~ '1. '.'~ '\:'1\ ::'":. ."
~{It!t (~.Q""'':' ..i..\;d"....)~.J,.; r."I";;\:VI:':l ~~.. ",l.'y ~~}r1
. '~ii~'~,. ~l~~1":i.,i;< ;( "'jlij,,' ,u.1./ )1o!:~!;'.<\lJ." l.:'i',ii ' .',
1~.l.n;::... '.'f,j~ ,'.~ ~1i.c!i:" ~."~ :-.t""i.JI.,~ft. ,~,t~"'f~f,,:... I;:
(:;entralRecelpting
Community Development
Contractor Licensing
eGovPlUS
Total WIthout Optional Item.:
AppllcatlonlFII..
File Build Method
Cost
Land Manaaement (From existinG comDuter fllee or CountvlStat.e f11...
Conversion of Encom ass 4.0 data formats to Commun PLUS 8.1 data formats for SQl
Total Without Opllonallteme:
$3,750
$3,750
~" ~
. 'r.
.,". . -~ .
Customers previously running release 8.1 or prior, require a Web Version upgrade license for those CommunltyPLus
applications for which a web version is currently available..
Requires a database of MS-SQL or IBM Intormix or Oracle.
Requires a Domain Controller with Active Directory when implementing a Windows Operating System on the Server.
RSHD from Denicomp Systems for mailmerge_
Monroe County, Io'L
6/07-926
'.:', ~,;,~~:rJ~:~~~i~~;~~~~~:~:l'~:~; ~,,~";:;~::::~;;~i~#.~i:~f;f:~~,:',~,~;i~:~~F' ~J;rl;;1~~~.;;:;1H~'.~.,i:.:;:':~'f:i';;<. i~,-;;<~:.;-
Microsoft liS Server
OOBC link to the database server
GIS Interface
ESRI ARCView8l9 - ARCGis8J9
Components required are ARC MAP and CATALOG
ooec link to the database server
APPENDIX 3 - HARDWARE EQUIPMENT I SERVICES
Setup and Installation of PLUS Environment, Installation of CommunityPLUS Applications. and
Installation 01 eGov Web Applications
Total WIthout Optional Items:
$7,750
'7,750
Monroe CoWlty. FL
6/07.926
SUNGARD PENT AMA TION INC.
ADDENDUM
Name and Address of CHent:
Monroe County Regional Services Center
2798 Overseas Highway
Marathon, FL 33050
Telephone: (305)289-2574
AttD: Joe PaskaUk
Licensor:
SunGard Pentamation !nc
225 Marketplace
Bethlehem, P A 18018
Telephone: (610) 691-3616
Fax: (610) 861-9323
1. SunGard Pentamation and Client agree to amend their existing license agreement dated January 14, 1999, to
add the following as attached hereto and part of this Agreement
All terms and conditions of the existing agreement shall remain in effect (with the exception of prices and
payment terms indicated herein). Payment terms are as follows: 25% will be due upon execution of
agreement 75% due upon delivery of software. Pentamation will ship to Client application software upon
receipt of executed agreement Pentamation may refer services under this addendum to Pentasun
Professional Services LLC. Pentasun contractors will adhere to the tenns of this contract and to the same
policies and standards as SunGard Pentamation staff. Pentasun contractors will contact the Client only after
a referral fi'om SunGard Pentamation management. If services are provided by a Pentasun consultant, Client
organimtion will be invoiced for those services and any associated reimbursable expenses directly by
Pentasun.
IN WITNESS WHEREOF AND INTENDING TO BE LEGALLY BOUND, the parties have caused this
Agreement to be signed by its duly authorized officer.
MONROE COUNTY
REGIONAL SERVICES CENTER, FL
SUNGARD PENTAMATION INC
':1'1 . ~
Q ~.
.. ~..J
UIBy:< .~
a ~o ignature)
',:= !: :;)
C7\ .uo
.J .U
-~UJ
:~(.)~'1"R
(;:) ide)
By: ,d:J4
. ~nne J. Brozgo
Vice President of Sales and Marketing
(Title)
Julv 2. 2002
(Date)
06102 - 149
~
Sum CY
A':' om. -
SUNGARD Pentamation Inc.
Monroe County, FL
ATTN: Joe PaskaUk
07/02/2002
Encompass 4.. U,cralle Cest Suaa...
QlL Descriptioll Unit $~ Total U
1 System Installation Services $ 5,000.00 S 5,000.00
3 Data Conversion $ 1,200.00 $ 3,600.00
2 UserlDatabaselPrinter Setup $ 1,200.00 $ 2,400.00
1 Eneompw4.0 Training (10.75 day's, see attached) $ 1,200.00 $12,900.00
1 Implementation Plannmg $ 1,500.00 $ 1,500.00
1 One-Stop-Slaop On-Line License Fee $12,000.00 $12,000.00
1 ACTion OnLine Interface $ 4,500.00 $ 4,500.00
1 One-Stop-Slaop Installation/Set-Up $ 3,600.00 $ 3,600.00
1 One-Stop-Slaop On-Line Training (I-Day) $ 1,200.00 $ 1,200.00
1 One-Stop-Shop Annual Support $ 3,300.00 S 3,300.00
1 GIS (ESRI) IDterface License Fee $ 3,500.00 $ 3,500.00
3 GIS Interface InstalJatfoD/Set-Up $ 3,600.00 $ 3,600.00
1 GIS IDterfaee Training (I-Day) $ 1,200.00 $ 1,200.00
Please sign and return with Purchase Order if applicable.
Authorized Signature:
Date:
P.o. #
Contact: Dennis M. Brennan
(866) 905-8989
(610) 691-1031 FAX
brennden@pentamation.com
WWW.pentamation.com
PENTAMATJON ENTERPRISES, INC.
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Licensor: PentaIMDon .Ente~selIt!Jtc.
225 Mmi~ ;0
Bethlet&~ I B!P ::::0
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Pentamation Enterprises, Inc. (PENT AM A TfON) by its execution of this License Agreement C. Agreement-} grants to Licensee,
and the Licensee accepts, on the following terms and conditions, a non-transferable and non-exclusive License to use the computer
software programs listed in Appendix I of this Agreement on Licensee's computer system{s). This License includes the right to use
the related written materials for the IicenSc!d software programs such as user manuals. The licensed software programs and rel.reeI
written msteri.ls are hereinafter collectively ref~rred to as the -Licensed Systems-. Unless lhe source code is purchased by the
Licensee under the terms of this Agreement or an Application Software Maintenance and Support Agreement. this license is for the
use of ohject code programs only.
SOFTWARELICENSEAGREE~ENT
Name and Address of Licensee:
Monroe: County
1200 Truman AvenUt:, 2nd Floor
Key West, FL 33040
Telc::phone: 305-294-4641
I. Uc~nu of PENTAMA TION Aoolication Prollrtlms
A. The License granted under this Agn:ement authorizes the Licensee to possess and use solely for its own use copies of the
Licensed Systems on the comruter systcm(s) identific:d in Appendix I. The Licensed Systems may not be used to process
data for any person or entity other than Licensee.
B. The functions and feature... of Ihe soltware are detined by: the PENTAMATION Application Software Specifications and tbe
PENTAMATION User Manuals. The responsel' in the Application Software Specifications section of PENTAMATION'S
proposal repre.'lent its best pmfe.'l.o;ional judgment in r.:sponse to the Licensee's stated software r~uitements. However, there
is the potential for multiple interpr.:tlltions of the stated requirements. PENT AMA TION'S Specifications and User Manuals
contain a detailed description of the filatures and functions of the proposed software. and therefore. will serve as the sole
source of software capabilitieli.
C. License fees for the Licenli<ld System... are l\p~ific:d in Appendix I of thili Agreement, and the validity of this license is
contingent upon the paym.:nt of these fees to Pentamation.
D. If PENTAMATION dev.:lops additional relea.<;eS of the Licensed System.o; which incorporate changes and enhancements, it
will make such new releases availahle to the Licensee under the terms of ils standard Application Software Maintenance and
Support Agreement executed by Licensee and PENTAMATlON.
E. The Licensee recognizes that the Licensed Systems are confidential and trade secrcf property which is proprietary to
PENTAMATION. License.:, il!l Ily.:nl". employees, and representatiws shall not disclose in whole or in part to any third
partie..., any Licensed System!! which are provided hy PENTAMATION under thl!; Alireement. Any Licensed Systems which
are provided hy PENT AM A TrON may be copic:d by Lic~nsee for backup purposes only and Licensee shall not otherwise
print, copy, or duplicate the Licensed System.... The Licensed Systems may not be used to process data for any entity other
than Licensee. Client may not lIS!!ign, time!lhare, r.:nt, reverse: .:ngincler. disasliemhle, de-compile, reverse translate, or
otherwise decode the licensed systemll.
Pentamation recoJlnbell that Section 815.04 (3) (a) of the f10rida State ~tatute lipecifically exempt.. !iOftware p~rams
such as the Licen!ied System~ t'rom disclosure under Florida public record'llaw.
F. The Licensee agreell not to provide: or othc:rwise make: availai'lle: any Li.:ensed SYlite:ms. including hut not limited to
flowcharts, logic diagram,; and rro~rdm .;oue. in any form. to any person olher Ihan LicenS4te or PENTAMATlON
employees, without prior writle:n consent from PENT AMA nON. Llc"n:;c:c will take: relllionable steps to protect the security
Governmental Resource Sene., 1~/98
of the LicenSl:d Systems, and will inform all employ~... agents ami I'c'prelientatives who utilize the Licensed Systems of this
requirement.
0. Within thirty (30) days after the date of discontinuance of the license granted under this Agreement, the Licensee will
furnish PENTAMATlON a wrillen certification that through its best .,ffort, and to the bolst of its knowledge. the original and
all copies, in whole and in part. in any form, including partial copies and moditications, of the Licensed Systems have been
returned to PENTAMATION (lr de...troyed, except that, upon prior written authorization from PENTAMATlON, the
Licensee may retain a copy for an:h,val purposes only.
2. ADDlieatiDn Prolmlm /1IID/emenIQtion Servius
A. PENT AMATlON shall provide to Licensee installation services. training of Licensee's personnel and technical assistance in
the operation and use of the Licen~ Systems as set forth and for the charg~ listed in Appendix 2.
B. Implementation of the PENT AM A TION Application Programs will ~ deemed completed when operational according to the
PENTAMATION Application Pmgram User Manuals. or when the Licensc:e begins processing data using said Application
Programs, whichever occurs first.
C. Delivery and installation of the Licen~ Sys~m" will occur as mutually agreed hy PENT AM A TJON and Licensee.
D. PENTAMATION will convert certain Licc:nSc:e'll file... to the nc:w system's tile.'l, Licensc:e shall provide the correct system's
tiles in ASCII format and on media readable by the new hardware. Licensee shall also provide current tile record
descriptions and tile layouts to PENT AMATJON. The fc:e for file conversion services is set forth in Appendix 2,
3. W",mnty
A. PENTAMATION warrants that it is the sole owner of or ha... full power and authority to grant the License provided for
herein and that the use of the Iicelnsed pmgrllm<; by Licensee will not violah: or infring~ IIny patelnt, copyright or other
proprietary right of any third person. PENTAMATION will indemnitY and hold Licensee harmless from and against any
loss, cost, liability and expen~ arising out of the breach of the foregoing warranty.
B. PENTAMATION warrants that o:ach Program will function as descrihc:d in thelthen current User Manual when it is shipped
to the Licensee. In the event of a defect in a Program, PENT AMATJON'S sole responsibility shall be to replace or correct
the defective program without ~harge to Licensee pmvic.led written notice of thel d~fect ill given to PENTAMATION.
Services or corrections out. ide the scope of this warrotnty shall he provided only under the term<; of an Application Software
Maintenance and Support Agreement executed Sclparately. The tilTl~!1(ling warranty does not apply to defects caused by
clquipment or programs not supplitld by PENTAMATION or whclTe equipmelnt used by LicenSclC has not been approved by
PENTAMATION. The foregoing warranty shall also not apply to other causes hclyond PENTAMATION'S control such as
excessive simultaneou<; users on thclliYlitem, defective or interrupted electrical power, inadequate speed of peripheral devices,
inadequate speed of data communications network. and inadequate storage capacity for data. This warranty shall continue
only so long a.ll a paid up applicatinn Software Maintenance and SUJ'lport Agreement is in eftC:ct,
C, The foregoing warranty is in lieu of 1111 othelr warranti.:s eXJ'lress or implied, including but not limited to, the implied
warranties of merchantahility and titnes... for a particular purpose!. The! Liceln!lee agree.'l lhat PENT AMATION'S liability
hereunder for damages tor tiulure to re:place or correct II defective program regardless of the form of action. shall not exceed
the charge.<; paid by the Lice:nllc:c: tilr thilt progrdm.
No action, regardless of form. arising out of the transactJl)ns under thiS Agreement. may he hrought by either party more
than one year after the ...all~ uf action has accrued, except thllt. an action tilr non-payment may he brought within one year
after the dat., of the Ia...t payme:nl.
D. In no event will PENTAMATION he: hahle: ti,r indirect or conse'luc:ntial L1amllgc:s even if PENTAMATION has been
advised of the possihility of su\:h damages.
Governmental Resource Series 11/98
4. Pavmellt Terms
A. The Licensee agrees to pay PENTAMATION the license fee charges as foet forth in Appendix 1.
B. Invoices not paid within thirty (3D) forty-five (45) days of the invoice date shall bear interest at the rate of ~ llJr1 per
month beginning thirty (39) forty-the (45) days from invoice date.
C. Installation, training and technical service invoices shall be suhmitted hy PENTAMATION as incurred, shall be paid within
thirt)' (39) forty-five (45) days of the invoice date and shall bear interest tbereafter as provided above.
O. All taxes. except taxes hased on the net income of PENTAMATlON resulting from the licensing or use of the Licensed
Systems by the LiceRKee. including, but not limited 10, property, saleK, or use taxes, shall be the sole responsibility of the
Licensee, and, where applicable. shall be added to PENT AMATION'S invoice.
S. licensee RemollsibililY
A. The Licensee shall he exclusively responsible tor the supervision. management, and control of its use of the Licensed
Systems, including, hut not limited to: (I) a.'lsuring proper machinll configuration, program installation, audit controls and
operating methods; (2) estahlishing adequate trdCkup plans balilld on alternate procedures io the llvent Licensed Systems
malfunction; (3) implementing sufficient pr<lcedures and checkpoints to satisfy its requirements for security and accuracy of
input and output as well as r\:l.'ltart and recovery in thll e:vent of I11lIlfunction; (4) informed use of output insofar as technical
expertise or profes.c;ionaljudgment is required: and (5) maintenance and distrihution of system pa.'lswords.
B. Licensee will provide at its eJlpenfoe the computer hardware sY!ltem nece~sary for its use and operation of the Licensed
Systems, operating system software; hardware and operating sy~tem software maintenance. diagnostic modem of
PENTAMATION'S lo-peCificatinns. d<<licated telephone linll for diagnostic mmlllm, second telephone line near the CPU,
sufficient backup media. printe:r, paper. ribOOns and adequate work space for all pel'8onnel. All of the foregoing shall be in
place prior to installation of the: Licllnsed Systems.
C. The Licensee will appoint an individual to serve as a central liaison with PENT AMA TION. Licensee will appoint an
individual 10 have the responsihilities of System Administrator a.'l includecJ in Appendix 3. Licensee is also obligated 10
provide personnel baving sufticie:nt skills and experience to operate and manage thll programs licensed hereunder.
O. Licensee shall have laken the n.=cc:ssary steps tll execute a hardware and operdting system maintenance contract prior to the
initial installation visit. A current and val id contrACt must be l11lIintained as long a.c; the Lice:nsee and PENT AMA TION have
an Application Software Maintenance and Support Agrec:ment in effect.
E. Licensee will contract tor maintenance on the Informill sotlware products for the period of time during which the Licensee
and PENT AMA TION have an Application Softwarll Maintenance and Support Agrec:ment in effect.
F. Licensee will he resp()n~ihle tilr the costs of lravd. lodging. and related expe:nsClS for training and support provided by
PENTAMATION at Liclln~'s location.
6. General Terms and Conditions
A. This Agreement and the use of thel Licensed Systems may not be assi~necJ, suh-licensed or otherwise transferred by the
Licensee to any other pcn;on or entity without thll prior written consent of PENTAMATION. and any assignment,
sublicense or transfer ~hall. in the ahsence of such consent, automatically and immediately terminatllthe License. Subject to
the foregoing, this Agrec:ment Will inure to the henefit of and he hmding upon the SUCCeSliOr8 and assigns of the parties
hereto.
Govcmmcnlal Rc~ource Series 1:!/98
B. The term "this A~~nt" as u~ herein includc:s all Appendices lUld Addenda, lInd any future wrillen amendments,
modifications, or supplements in accordance herewith.
c. If any of the provisions of thi~ Agrllemenl are invalid under any applicable statute or rule of law, they are to that extent to be
deemed omitted.
D. Licensee and PENTAMATION mutually agree not to engage in any recruiting efforts with the other party's persoMel
without receiving written consent from tbe individual employee's management.
E. The Licensee will designate an officer or employee as its agent to receive all written notices issued by PENTAMATION
under this Agreement. PENTAMATION will designate an officer or employee as its agent to receive all written notices
issued by the Licensee under this Agreement.
F. Any changes in the scope of work covered by this Agreement, including reque....t... hy Licensee for changes, modifications, or
additions to the Licensed Software shall be covered by a separate agreement or purchase order l1lutually agreed to by the
parties.
G. The Licensee acknowledge<; that it has r~ this Agrllement, understands it and agrees to he bound by its terms and further
agrees that it is the complete and exclusive !ltatement of the Agreement hetween the parties, which supersedes all proposals.
oral or written, and all other communications hetwllen the partie.'l relating to the su~iect matter of this Agreement.
H. Dispute Resolution a"ef C8""ndllal'V l,"'it1'lltia"
a. Nelrotiation Between Executives. The partie.'l shall attempt in good faith to resolve dispute.'i or claims arising out of or
relating to this agreement promptly by negotiation~ ht!tween extlCutivl:llo: who have the authority to settle the controversy.
Any party may give the other party written notice of any dil,pute not resolved in the normal course of bu.'iiness. Within
twenty (20) days after delivtlry of said notice. such executive.'l of the parti~ shall meet at a mUll1ally acceptable time and
place and thereaft~r all otien all they re8llOnahly d<'em necessary, to exchange relevant information and to attempt to
resolve the dispute. If the mattcr has not heen resolved within sixty (60) days of the original notice, or if the parties fail
to meet within twenty (20) days, any party may initiate .,"itr.tiell llf the t!6I1tre.81'!1) ar 81.11I III pl'fl"idell hereefte,
further action 115 appropriate. All negotiations pul'lluant to this clause are contidential and shall be treated as
settlement negotiation.~ for all pul'J'lO~.
b. Hilldi", ,..,kilratiflll. If II flillflule ill lIat rcnah.,.. "IINlIII"l ta peregflll'h 9.a ahave, Iha diffl'llta "'tIIIl thell he sllhmittetl fer
finallllllp611iliell II} arhil..ti~ aaneftl81"" ~1If1~ilil\lI!1l} ill .aeortl.ne", with Ih" Ullil~ Stlltas ArhilPlllieft hi, 9 U.S.C.l.
Th~ parties "'rth~f agree "ur 18 &lJMftlLfte2 .ft} _Mit. aeliAft or pMeaotli"g.J at Jawor etttlity a"aiftl Bill 8f thi3 agreelllel\t
aile thill B~I'o!>e_1 _, hd J'l'l.I""ftleellltlll elllll"I"I" lIe~"!Ie te 811) stleh litiglttiaft. The &,Ilitratie" pre. ilia... 881ltaillotl
haNift shall 8Hl'Vi.;6 the tCi""illaliell 8t clll'iretioll af thill e611IP1let. 11Ie llr8itratiell "~ilellillg!l shall lie helef i"
Belhlallelll, ~18'''I8",,,tllft Clltl"t), Pen'l9ylvlI"ill. anti I"" at"'ltfllI8'.~ .lhllllllJllsly Pelllluyhltl1ll1 11,1.. 11Ie arllilralitlll ahall
M. e8,uhletal in 8l:.en"'nee ....ith Ih~ ruJtU Mf enmrnereiallilig.llLlft ~~f th, .\Jll'leriesJI .~rhitrllli8" .A.a36eiatisft.
^ efell'lllllef fe, ar"'itPlllillll ..hllll he m* "'} II "lIft)' 11'1 v. riting tIfl8R lh~ Ollt~, lifter dlll'iratie" of Ihe I'6riEHIs pre'/i~otI ill
"aragrul'h 9.11 ahm~. Th~ t1"lt1alMl .lhall i"ellltle th" _11'I" uf ,It" Ilrhitralllr .telo:leled h)' rh., "1Irt} lIemalllli,,& arllitl'lltinll,
Illg~th"r ~ ilh II .Jlltl"lftc!nt 1I'lh" _II",.. i" <lunll'6v~"JY.
Wilhin tv. "l'Ity (29) IIB)!I of lllt'h lIeB18nll. the} IItker "a,t) .~"lIII neft'lC IIn arhilrBler. Th" ar"'itftltsP!l IIamed shell selaet a
Ihjref ""Hlral BrhilNtnf. If lh~ nthe, I'lIrt) tiiib tl'l 1111111<: 1.1\ IIrloitnllnr. th.: IIrkilPlllur .,,,..11 11" "'I'I",i"tetl 8) lhe United
Slllt..:!! Di.llritl C"/ltlft. EM II~I"II Di.llriet fIf Pclln.;> '''IItIJII.
Eeeh I'll'" lIhall "'<lII, it.l 6..'ft Ilrhlll'lltiSIl en.n.1 111111 e}1Ir.:".Je~. lIl1d th" ell.l., .altI e}"I',,".IeN f>f thot I1l'hltraln. :teleeted h} il
8t'lef S99t ef the el'-lts and cll,,~".ld!l at' Ih" ll<ltlIPlllllr"it~l(Jf. Jtltlglllelll 11,,811 t"" lIwarll sf Ihe arhitrate"l ~ he enl",ed
in aft)' eetlt't sf eemf'l\'l,,"tjtlri.ltlieli"ft.
I. This Agreement will he:! interprett:J and con~truc:U in accordancd with Florida law.
Governmental Ri:8nurce Series ) 2/98
7. .rum
Tbe license granted hereunder shall he perpetual provided that Ptmtamation shall have the right to terminate this license in the
event of Licensee's breach of any (If thl:: terms hereunder.
8. [",oort Laws. Client agrees to comply fully with all relevant export law!! and regulations and will not export the licensed
system.'1 directly or indirectly in violation of such laWll.
9. Pentamation and its suppliers shall he dc:c:med II third party heneficiary of this agreement including but not limited to Paragraphs
l.e, 3.a and 3.c above.
IO.Pentamation warrants that the application software will he, to the best of our knowledge, Year 2000 compliant.
II. Altllc#lm.nls
The following attachments attached to this Agreement are incorporated herein:
Appendix I
Appendix 2
Appendix 3
Licensed Systems
Application Software Implementation Services
System Administrator Joh Responsihilities
Agreement is made this
I "'I oflt
day of
::J"anva,..v
/
19 91
IN Wl!NESS WHEREOF. and intending to be legill'I~~~h'e parties have caused this Agreement to he signed by its duly
authonzed officers. :.. ' . '\ rI df-'
~'f=~1 ~t .'
..... l ~t"1
, .. .-..j .~..,
&lIEfQ '<._. . For PENTAMATION ENTERPRISES, INC.
:It.U~)r~-w.;
CEPUTY C!.E=':( -
For MONROE COUNTY. FL
Executed hy:
~...'.6",".'" . __:\\_~ ~.~
Authorized SIgnature
L ;~,;~tI~
DoaaId V. AppIcIQD
Preliclellt Sluf t.O.o.
PeDIam8doD En..... r..
225 MarketpJai>>
Be&bJehem, PA 1801.
C610l691.3616
Name/Titl~
/Y1 Q '10" / c.. h ;, ;.'" ~"
~ame/Titl.:
1-1'-/-"
Dale
J!JIJ/ /'jjJ
I Date
G"v~mm~nl3l Resource Scncs J ~/98
APPENDIX l
Licensed Systems
ADDlation
Ucense Fee
Menus/Shells
$1,000
Encompass
14,000
3,111
Contractor Licensing
Code Enforcement
7,000
9,333
3,500
ACTion!! Communication Tracking
Cash Receipting Interface
Total:
$37,944
Informix/4J's Licenses (25 Concurrent Users)
19,715
Training Days (31 days @ $800/day)
24,800
Data Conversion Estimated (Encompass)
9,600
Expenses Estimated
11,271
Operating System and Engineering Services
15,~9
Total:
$116.019
Optional
Application Server Installation,
Setup and Network Verifications (on-site)
$4,000
sca UNIX Training
3,000
APPENDIX 2
Application Software Implementation Services
Application
Number or Days
Menus/Shells
Encompass
Contractor Licensing
Code Enforcement
ACfion!! Communication Tracking
Cash Receipting Interface
Total:
3
7
3
5
9
4
II
Encompass Data Conversion Estimated
12
ODtional - (in Bethlehem)
sea UNIX Training (up to 4 people)
4
Al~.PENDIX 3
System Administrator Job Responsibilities
Effective System Administration is the key to a successful installation and smooth on-going
system operation. System Administration personnel will be the focal point for
communications between your organization and Pentamation, and will handle the daily
operation of the system.
System Administrative personnel should have or possess the potential to develop the
following knowledge and skills:
- General understanding of computer systems' architecture and configurations;
recognizing such pieces of hardware as CPU, memory, peripherals, scanners, etc.
- Understands general computer concepts such as relational database, operating
systems, application software, word processing, and fourth generation languages.
- Excellent verbal and written communication skills with governmental administrators,
programmers, and system maintenance personnel. I
- Understands the importance of data integrity and security (file backups and
password control).
- Understands what your organization requires from each Government application.
System Administration responsibilities include, but are not limited to, the following:
- Sole responsibility for communications with Pentamation Support personnel.
Adds new users to the system and maintains security profiles.
- Completes backup and recovery procedures.
- Completes off-site backup procedures.
- Provides tirst level support to end users.
- Upgrades system software in conjunction with Pentamation and the computer
hardware manufacturer.
- Ensures data and equipment security.
- Diagnoses and resolves minor hardware problems.
- Manages workload effectively.
- Trains new staff on software packages.
- Trains Report Writer to department personnel.
- Maintains Documentation.
PENTAMA TION ENTERPRISES, INC.
AGREEMENT FOR BASIC APPLICATION SOFrWARE MAINTENANCE AND SlJPPORT
Name and Address of Licensu: Munroe County
1200 Truman Avenue, 2" Floor
Key Wc:st. FL 33040
Telephone: 305-294-4641
Licensor: Penlamation Enterprises, Inc.
225 Marketplace
Bethlehem, PA 18018
Teleph,one: (610) 691-3616
Payment of the itemized annual fee shall entitle Licensee to !;pecified application software mainteJance support services, on !he
following tenns and conditions, and is ,;uhj<<:t to renewal each year. Services will be provided by PENTAMATION Enterprises,
Inc. (PENTAMATION). PENTAMATION may terminate this Agreement for cause if the Licensee fails to comply with any of the
terms and conditions of this Agreemolnl or with any of the terms and conditions of the License Agr'eemeat for any of its software
products. PENTAMATlON reservll.'i the right to withhold services pending full payment of fees. .
I. ApplietlliDn Software MainlelUlnce and Support
A. PENTAMATION Application Software Mainhmance and Support will he provided to Licen~ when the Licensee begins
processing data using the Application. '
PENTAMATION Application Software Maintenance and Support will be provided by PENTAMATION to Licensee for the
charges as shown in Appendix I. The fee for this ~rvice varies by PENTAMATJON Application, and eacb Application
has a maximum number of llUpport houn; provided per year for the contractCld fee as shown in Appendix 2. Should the total
number of Support houl'l' he excCClded in anyone year, additional Support Service may he provided at PENTAMATION'S
then current hourly ra~.
The period for the rendering of tho:llle ~rvic~ shall ~ annual and shall ~ automatically renewed for an additional year
unless either party gives at last sixty ~ days priM written notice to thol other that such maintenance and support services
are not to be renewed.
B. For the purposes of this Agrc:c:ment, the term "Application Software Maintomance and Support" for PENTAMATlON
Application Software means that PENTAMATION will:
1. Provide standard product enhancements when and as thol same are developed hy PENTAMATION; PENTAMATION
shall distrihute to Licensee one copy of such proJuct enhancements or corrected programs as soon as it is available.
Licensee shall be rll.'''ponllihle for incorporating such enhancements in each copy of the applicable PENTAMATION
Software licensed hy Licensee.
2. Provide programming modification". mandated by change.o; to existing fc:deral and sCate regulations in effect as of the
date of the original Softwllrol License Agreement. for all reports and associatdd processing thaI can be provided within
the intended capabilities of the produCI for the Payroll retirement and tax functionl'i, and slate financial reporting, if
applicable. Reports will he provided that use data supported within the applications suftware. and they will provide all
necessary data and totals required to .:omplete government-mandated forms. It'required. pro,rams to transfer data to
tape media will be provided.
J. Provide assislllDCol to Llcen~e in the US4: of the PENTAMATION Application Software via telephone inquiries to
PENT AMATION'S designated "'oftware support offices up to the maximum numher of hours per application as listed in
Appendix 2. Telephone: support ~rvices are aVllllahle wc:c:kdays. excluding holiday~. during normal hUAincsll hours.
4. Investigate errors in the intended capahilitJols of PENTAMATION Application Software upon receipt of notification
from Licensee and provide Licensee with an alrolrnatol procedure or pmgrdmming modifications to correct errors.
PENT AM A TION shall dislnhutol to Licensc:c: une wpy of ,"'uch product enhancements or ;orrectt:d pmgrdms as soon as
it is availahle. Licensc:c: "hall he n:sponsihle for incorporating "uch c:nhancemcnt<; In each .:opy of the applicable
PENTAMATION Software: 11~'",n,,<:d by Lin::nloce.
All of the ahove services willl1e provided hy h:l.:phone communication contact between PENTAMATION and Licensee.
Licensee will be re.'lponliihle tor all data line teh:phone chargell involwd in providing Application Software Maintenance
and Support. and PENTAMATION will invoice Licensee at cost.
2. Paymelll Terms
A. The Licensee agrees to pay PENT AM A TION the charges as !;et forth in Appendix I. All charges are payable by Licensee
as a net amount due in 30 days from the date of invoice. All paymenl'l made by Licensee after 30 days from date of invoice
will be subject to a late payment te:e of 1.5% monthly until the date paid.
3. Uc,,",, R,sponsibiliti,s
A. The Licensee will have an assigned individual to serve as liaison between PENTAMATION and Licensee. Licensee
acknowledges its obligation to provide personnel having sufficient skills and experience to operate and manage the
equipment and/or programs ~ing provided to obtain the desired results.
B. The Licensee will be refilponsihle to provide a dedicated dial-up line with a modem of PENTAMATION SJlc'Cifications
(contact Pentamation's Engineering Services for the current recommended diagnolilic modem) on the Licensee's computer
equipment and a .superuser. liYlItem log-in account tor PENT AMA TION'S use in lIUpport of thill Agreement.
C. The Licensee will be re.'lponslhle to provide a QIC. 4mm OAT. or 9-track tapes drive which will be used to install new
software relea.'lteS, updates, enhancement."!. etc.
O. Licensee will be responsihle for the ro:asonahle Cllsts of tntvel, lodging, and related expenses for training and support
provided by PENTAMATJON to personnel at Licenliee'!llocation.
E. Li,censee shall have taken the necessary sttlpll to execute a hardware and operation system maintenance contract prior to the
initial software installation visit. A current and valid hardware and operation system maintenance contract must be
maintained as long a.~ the Licenllee and PENTA MATrON have an Application Software Maintenance and Support
Agreement in effect.
F. Licensee will contract for maintenance on the Inthrmix llOftware products for the period of time during which the Licensee
and PENTAMATJON have an Application Software Maintenance IInd Support Agn:e:ment in etfect.
G. The Licensee shall he exclusively responsible for the supervision. management, and control of it'l use of the Licensed
Systems, including. hut not limited to: (I) a!llluring proper machine confil.ouration. program installation. audit controls and
operating methods; (2) estahlilJiing adequate backup plans hased on alternate procedures in the event of computer system
malfunction; (3) implementing sufficient procedures and chC(;kpoints 10 satisfy itl! requirements for security and accuracy of
input and output as well as restart and recovery in the event of malfunction; (4) informed use of output insofar as technical
expertise or profe.'l.'lional judgment is requirc:d; IInd (5) maintenance and distrihution of system passwords.
4. Gene",l Terms and Conditions
A. Licenllee agrees that if PENTAMATION makell non-lItlmdard application software changes and/or HCreen change.'l requested
by the Licensee to meet the unique need.s of the LiL~n~ or if the Licenll~ ha.'l application software changes or screen
changes made by non-PENTAMATION employee.... this may aftC:l.:t lhe IIbility of PENTAMATrON to perform future
responsibilities to Licen_ for Application Software Maintenance and Support. Lictmsee further IIgrees that these non-
standard changes may r<?quire PENTAMATION SClrvices not covered hy Ihis Agr~ment that will be billable to the
Licensee.
B. At the direction of the Licensee. PENTAMATION may aSllume responsihilily ftJr re.'Iolving disagreements among hardware,
operating system. and appliclInon software ~uppnrl personnel re!!ardm~ the origin or ,;olution of system problems. In this
case. PENT AMA TION will eithl.lr corrC(;! the reported prnhl.:m or Will proviue: t:vid.:n.:t: that the problem is not related to
PENTAMATrON Application Software and direct the Licensee to the: appropriate party tor rellOlution. If it is determined
that the reported prohlem is nut related to PENTAMATfON Application S<Jftware, the Licensee may be charged for
consulting servicell at PENTAMATION'S slandard r.lle, plus t:xpenSell. Consulting services required to repair data
necessitated by hardware pruhlems. operating system software prohlems. acts of God, or improper use of the system(s) (as
defined in the U8C:r'lI manuals and Penta mati on update hulletins) are not incluut:d as part of thill agr=ment.
C. PENTAMATION will, at i!.~ OpllllD, furnish Lictm:;cc: with applicshl.: PENTAMATION Standard Viler Documentation in
machine-readable form or via one printed cupy.
D. Neither PENTAMATION nor Lice:n~ will assign this Agrc<!m~nt or lIny ri~ht h~reunde!r to any person. firm, or entity
without the written con~nt of the: other; !>uch con~nt will not ~ unr.:asonahly withhdd.
E. Neither party will he Iiahle tn the! other for any indirect, special, incidental!, or consequo:ntial damages. In no evo:nt will
PENT AMA nON he liahle to Licensee for any "reach of this Agr~~nt for any amount in excess of the aggregate amount
paid by Licensee under this Agreement for the one-year period preceding such breach.
F. Neither party will he re.~p(lnsjhle for delays or failures in performance resulting from acts beyond its control, such as
strikes, fire or other casualty, communication line failures. electrical power failures. or irregularities, and the like.
G. This agreement will be governed by the laws of th~ state of Florida.
H. Licensee and PENTAMATION mutually agree not to engage in any recruiting efforts with the other party's personnel
without receiving written consent from the individual employee's management.
S. App~ndlc~s
The following appendices attached to this Agreement are incol'Jlorated herein:
Appendix "1" -- Maintenance and Support Fees
Appendix "2" - GRS Maximum Support Hours Per Contract Year
Appendix "3" -- CUlltom Programming Services
This Agreement and Appendices contllin all of lilt: agre.lments and understandings of the partie... concerning the subject matter
hereof, and there are no other promises. agreements. guarantees, or warroanties, oral or written. All modifications to this
Agreement must be in writing and signed hy hoth pllrties.
IN WITNESS WHEREOF, and intending to he 1e:J;ally hound. the partie!> have: cllused Ihis Agn:ement to he signed by its duly
authorized officers.
..~.~
FOR MONROE COUNTY. FL:
FOR PENTAMATION ENTERPRISES, INC:
Executed By:
~
X"" '-~""~..,r"~"
'-~o6..~ ~~
r. ,
~- "" .
.~"..'~t",,"., ~~ ~ ....-.~
Authorized Signature
Auth' Signature
DaDlJdV. =
~1IId 0.0.
r -IOIP~_
m Mutetptace
~ PA 18011
(610) 691-3616
m ~~~("" / c.. ~ CIoo; ,. ........""
am:/Tilll!
NamelTitle!
,- \""".~~
Date!
) J'IJ// {lei
D&te f
APPENDIX 1
Maintenance and Support Fees
SYSTEMS COVERED AND FEES
Payment of the fee shaH entitle the Licensee to the specified services for the following systems.
Aoplication
Menus/Shells
Encompass
Contractor Licensing
Code Enforcement
ACTion!! Communication Tracking
Cash Receipting Interface
Total:
Annual Fee
$ ISO
2,520
560
1,260
1,680
630
~
Year One Database/Tool Maintenance
$5,318
Optional
SCO UNIX Phone Support
$3,600
APPENDIX 2
Governmental Resource Series
Maxbnum Su~. ..... ler Contract Year
. Menu/Shells
. Encompass
. Contractor Licensing
. Code Enforcement
· ACTion!! Communication Tracking
. Cash Receipting Interface
*Not to exceed 40 hours
. ,
APPENDIX J
CUSTOM PROGRAMMING SERVICFS
1. Genend Tenns and Conditions
A. Pentamation offers custom programming as an optional service to the Licensee. When the
Licensee requests the service, Pentamation will provide written specifications and a fixed
cost estimate for the work to be perfonned. The Licensee is granted a non-exclusive,
non-transferable perpetual license to the customized software and source program code.
An annual maintenance and support service for custom software is provided tbr a fee of
15% of the standard charge for programming the custom software. This maintenance and
support service provides on-going telephone support, bug fixes, and upward migration to
updates and minor releases of the base line products. Minor releases are indicated by
release levels to the right of the decimal point, e.g., 2. I to 2.2. Major releases are
indicated by release levels to the left of the decimal point, e.g., 2.9 to 3.0. Custom
software will be upgraded to major releases on a time and materials basis at our then
current hourly rate.
Pentamation retains ownership of all custom-developed software and may, at its
discretion, include the software in future releases of standard products.
2. Ppntnmntinn Re$pOnsibilities
A. Pentamation will provide a written cost estimate for the work to be performed subject to a
10% variance. This estimate will be based on mutually agreed to specifications.
B. Pentamation will install the software via modem or magnetic media with hard copy
instructions provided for Licensee installation.
C. Pentamation will provide telephone instruction in the use and features of the custom-
developed software.
D. Pentamation will provide standard programmer documentation.
E. Pentamation will test all modifications for anticipated conditions using test data or data
provided by the Licensee.
F. Pen tarnation will provide source code for all custom-developed programs.
G. Pentamation will warrant software to perform as documented in the written specifications.
H. Pentamation will provide phone and technical support as well as any additional
programming to implemenr the custom-developed software in a minor release of a
standard application software product.
3. Licensee Responsibililies
A. Licensee will review Pentamation-provided specification documents for errors and
omissions. After programming has started, project changes due to policy change, or
incomplete, or erroneous specifications may increase the cost of the project.
B. Licensee will test all custom-developed software after installation on the Licensee's
hardware before running in a "live" production environment.
C. Licensee will reimburse Pentamation tor all reasonable lravel and living expenses if a site
visit is required.
D. Licensee will retain a copy of the moditied source code on the Licensee's machine in the
event future modifications are required.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17. 20 I 0
Division:
Growth Management
Bulk Item: Yes -L No
Department: Planning and Environmental Resources
Staff Contact Person/Phone #: Trish Smith. ph. 289-2562
AGENDA ITEM WORDING: Approval to amend the Transportation Planning Assistance Contract
with URS Corporation Southern to increase the compensation $18,015.34 from $406,000 to
$424,015.34.
ITEM BACKGROUND: The Transportation Planning Assistance contract is funded at 100% under
Joint Participation Agreement AOU27 with the Florida Department of Transportation. This increase is
requested to cover the costs associated with the US 1 Arterial Travel Time and Delay Study for 2010.
This study is conducted annually for concurrency management purposes pursuant to Chapter 163, FS.
PREVIOUS RELEVANT BOCC ACTION:
May 20, 2009 - Approval of Amendment No.3 increasing the compensation to $406,000
February 20, 2008 - Approval of Amendment No.2 extending the rate schedule to include the years
2008,2009, and 2010 to reflect a 3% annual increase in hourly billing rates
September 20,2006 - Approval of Amendment No.1 increasing the compensation to $355,000
January 19, 2005 - Approval of Transportation Planning Services Contract with URS Corporation
Southern for $185,000
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $52.102.92 (FY 2010) INDIRECT COST: n/a
BUDGETED: Yes --X-No
COST TO COUNTY: $0
SOURCE OF FUNDS: JP A AOU27 Grant
REVENUE PRODUCING: Yes
No X
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty --K- OMB/Purchasing -K- Risk Management ~
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
Revised 1/09
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: URS Corp. Southern
Contract #_
Effective Date: January 15, 2005
Expiration Date: none
Contract Manager: Trish Smith
(Name)
2562
(Ext. )
PIanningl# 11
(Department/Stop #)
for BOCC meetin on
March 11,2010 A enda Deadline: March 2,2010
CONTRACT COSTS
Total Dollar Value of Contract: $ 424,015.34
Budgeted? YeslZl No D Account Codes:
Grant: $ 729,750
County Match: $ 0
Current Year Portion: $ 52,102.92
125-50516-_-_-_
GW0702-530340-_-_-_
- - - -
-----
- - -
-----
Estimated Ongoing Costs: $Q/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For: nla.
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
Date In Needed
YesDNoD
)/;}-{UYeSDNif
~O YesDNo
Date Out
Risk Managejent
O.~B.lPUr~asing
County Attorney
~- ~ ;t'
;;:< - ;)(p - I ()
Comments:
OMS Fonn Revised 2/27/01 Mep #2
AMENDMENT NO.4 TO CONTRACT DATED JANUARY 19,2005
BETWEEN MONROE COUNTY AND URS CORPORATION SOUTHERN
This Amendment No.4 tq the contract (Contract) between Monroe County and URS Corporation
Southern (Consultant) dated January 19,2005, is made and entered into this _day of
,2010,
WITNESSETH:
Whereas, Monroe County approved a contract for $185,000 with Consultant on January 19,
2005, for transportation planning services including Transportation Planning Assistance and US
Highway 1 Arterial Travel Time and Delay Studies; and
Whereas, Monroe County approved Amendment No. 1 to the Contract on September 20, 2006,
increasing the compensation available to the Consultant to $355,000; and
Whereas, Monroe County approved Amendment No.2 to the Contract on February 20, 2008,
extending the rate schedule to include the years 2008, 2009, and 2010 to reflect a 3% annual
increase in hourly billing rate; and
Whereas, Monroe County approved Amendment No, 3 on May 20,2009 to increase the
compensation to $406,000; and
Whereas, Monroe County and Consultant desire to increase the available compensation to the
Consultant and hereby agree to amend the Contract as follows:
1, Section 4.1 COMPENSATION shall read as follows:
"The compensation available to the CONSULTANT under is this agreement is
$424,015.34,"
2. All other provisions of the Contract between Monroe County Board of County
Commissioners and Consultant URS Corporation Southern shall remain in full force and
effect.
ATTEST:
Danny L. Kolhage, Clerk
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chair
WITNESSED
URS Corporation Southern
(l ):
By:
Print Name:
Title:
(2):
Print Name:
Print Name:
Date:
URS
Monroe County Professional Transportation Planning/Engineering Consultant Services
Work Order # 9
US 1 Arterial Travel Time and Delay Study: 2010
Scope of Services
Tasks 1-4
Using the floating car method, the Consultant will record travel time, speed, and delay data for:
a) each of the 24 segments of US I based on maps supplied by County staff from Florida City to
Stock Island; and, b) the length of US I from the Dade County line to Cow Key Channel Bridge.
Data will be recorded by date, day of week, time of day and direction.
The study will be conducted over 14 days within the four-week period of February 26, 20 10 and
March 26, 20 I O. The study will consist of 14 round-trip runs, sampling each day of the week
twice. The study schedule will be coordinated with seven-day, 24-hour traffic counts in
Islamorada, Marathon and Big Pine Key.
The study will employ the staggered schedule of departure times previously approved by the US
1 Level of Service Task Force Team, so as to record peak hour conditions in as many different
locations as possible.
Tasks 5-6
Consultant will record traffic data for seven consecutive days along US I in both directions of
travel separately at: a) Big Pine Key (at Six locations); b) Marathon (MM 50); and, c) Upper
Matecumbe (MM 84). Data will be recorded by date, day of week, time of day and direction.
The data will be collected over 7 consecutive days within the four-week period of February 26
20 I 0 and March 26, 20 I O. The standard FOOT procedure should be followed in collecting the
required traffic data.
Tasks 7
The study results will be summarized in a report form, including a series of tables and graphs.
The speed delay run data will be transformed into LOS reserve capacity data, tables and graphs.
The traffic volumes data will be reviewed and transformed into tables and graphs.
In addition, a statistical analysis of the mean, median, standard deviation, and range of speed
recorded for each segment and for the overall distance will be provided. Excess roadway
capacities and deficiencies in capacity will be determined and reported in accordance with the
US 1 Level of Service Task Team Methodology.
URS Corporation Southern
3343 West Commercial Blvd.
Suite 100
Fort Lauderdale, FL 33309
Tel: 964.739.1881
Fax: 964.739.1789
URS
W.O. # 9: US 1 US 1 Arterial and Travel Time Delay Study: 2010
February 22, 2010
Page 2 of 3
End Products
The Consultant shall prepare five draft copies of the report for submittal to the County Planning
Department for review. Upon receipt of the review comments from the County Planning
Department, the Consultant will prepare the final report and provide the County Planning
Department with ten (10) copies of the final report and the final report file(s) on a CD in Adobe
Acrobat (PDF) format.
Compensation for Services
The Consultant shall be paid a lump-sum amount of $52,102.92 for satisfactory completion of
the work order and delivery of the end products. The staff-hour estimates and the corresponding
personnel labor costs, based on the Monroe County-URS Consultants, Inc. agreement dated
January 19, 2005.
Schedule
The Consultant shall initiate the work for this project no later than February 25, 2010. The
fieldwork shall not commence before February 26, 20 I O. All fieldwork shall be completed by
March 26, 20 I O. The draft report shall be submitted to the County Planning Department by June
30, 2010. The Final Report shall be submitted within 14 days of receiving review comments
from the County Planning Department.
Acceptance and approval of this Work Order by both parties by signatories below constitute
authorization for the Consultant to proceed.
ACCEPTED AND APPROVED
Monroe County
ACCEPTED AND APPROVED
URS Corporation Southern
(Signature)
(Signature)
(Name & Title)
(Name & Title)
(Date)
(Date)
URS
W.O. # 9: US 1 US 1 Arterial and Travel Time Delay Study: 2010
February 22,2010
Page 3 of 3
WORK ORDER # 9 - 2010 Travel Time Delay Study
STAFF HOUR AND COST ESTIMATES
Project Senior Transp. Junior
Work Item/Tasks Engineer Tech. Clerical TOTAL
Manager Engineer !Planner
1. Equipment Mobilization! 12
Calibration 2 2 0 8 0
2. Travel Time Runs (/./ Days 280
'q; 2 person) 8 16 128 128 0
3. Travel Time Data Check 0 8 20 0 0 28
./. Travel Time Data Summary 0 16 80 0 0 96
5. Traffic Data Collection 0 2 0 58 II 68
6. Traffic Data Summwy 0 2 8 0 0 iO
7. Pinal Report 8 12 24 24 16 84
Total Staff Hours 18 58 260 218 24 578
Colltract Hourly Rates $175.83 $167.91 $84.05 $74.50 $46.05 -
(Includes Expenses)
Sub-Totals $3.164.94 $9,738.78 $21,853.00 $16,241.00 $1,105.20 $52, I 02.92
TOTAL COST 552.102.92 (LUMP SUM)
3
AMENDMENT NO.3 TO CONTRACT DATED JANUARY 19,2005
BETWEEN MONROE COUNTY AND URS CORPORATION SOUTHERN
This Amendment No.3 to the contract (Contract) between Monroe County and URS ~orporation
Sou (Consultant) dated Januaty 19,2005, is made and entered into this ))tJ>I'C- day of
2009.
WITNESSETH:
Whereas, Monroe County approved a contract for $185,000 with Consultant on January 19,
2005, for transportation planning services including Transportation Planning Assistance and US
Highway 1 Arterial Travel Time and Delay Studies; and
Whereas, Monroe County approved Amendment No. I to the Contract on September 20, 2006,
increasing the compensation available to the Consultant to $355,000; and
Whereas, Monroe County approved Amendment No.2 to the Contract on Februaty 20, 2008,
extending the rate schedule to include the years 2008,2009, and 2010 to reflect a 3% annual
increase in hourly billing rates; and
Whereas, Monroe County and Consultant desire to increase the available compensation to the
Consultant and hereby agree to amend the Contract as follows:
1. S~ction 4.1 COMPENSATION shall read as follows:
.,' .. c,
,'.. '::~>--;(~cOmpensation available to the CONSULTANT under this agreement is $406,000."
~ ."IJ c-==--' -2..i""U '1,
.. ..,e/ l"..8 ~ (\. '~
!(.~{"~:Z~.{\I ~'Wyisions of the Contract between Monroe County Board of County Commissioners
.:.....( \ J _. f:8iit'PRS Corporation Southern shall remain in full force and effect.
~... ....~:.~~~."'f... - ~ :~~:l- .....
~f)"' .:,.....- ...1-
':-+'" _ ' . L. Kolhage, Clerk
-":~40".I'J' ilL ':-~?'
C'ou .,.
BOARD OF COUNTY COMMISSIONERS OF
MONR~ COUNTY, FLORIDA
By: .#-"..~. h......~..q-..
Mayor/C aIr
WnN~
(1): r ~f
Print Name: _ O#N A'R'RI~
~~ CO~'Mion S? ~
TItle: '\J 1'-"'" \
Print Name: 1i2.~ ~........c..-6i;-, r'""1
Date: ~4-\ '- -z.. 3 ~ .. ~ '"J )>
':':.:r-~
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("1 "1) .
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(2)-4'1/9 <I -f-os
Print Name: ~ Js I) Y So 5 fI
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AMENDMENT NO.2 TO AGREEMENT
2008 FES 29 PM ,: 37 BETWEEN MONROE COUNTY
AND URS CORPORATION SOUTHERN,
DANNY '-. :;,il..iH,GE DATED JANUARY 19,2005
eLK, CIR. C1
MONROE CDl!NJv. FLA. .. .
The Board of CountY Comnussloners and URS CorporatIon Southern~ hereby agree to
amend the subject Agreement as follows:
· To extend the hourly billing rates from Section 4.3 to includes the years 2008~
2009~ and 2010~ based on a 3% per year increase~ to wit:
Position
1/1/2008 to
12/31/2008
$165.74
$191.91
$158.27
$113.39
$79.23
$70.23
$43.40
Rate In DoDars
1/1/2009 to
12/31/2009
$170.71
S197.67
$163.02
$116.79
$81.60
$72.33
$44.71
111/2010 to
12/31/2010
$175.83
$203.60
$167.91
$120.30
$84.05
$74.50
$46.05
All other provisions of the Agreement between Monroe County Board of County
. . ers and URS Corporation Southem~ shall remain in full force and effect.
0'0 .
. L. Kolhage~ Clerk
URS Corporation Southern
By:
BOARD OF COUNTY
COMMISSIONERS OF
MONROECUOl\~FLOronA
By: 'V\
Mayor/Chair
r~~1
AMENDMENT NO.1 TO AGREEMENT
BETWEEN MONROE COUNTY
AND URS CORPORATION SOUTHERN,
DATED JANUARY 19, 2005
The Board of County Commissioners and URS Corporation Southern, hereby agree to
amend the subject Agreement as follows:
· The first sentence of Section 4. COMPENSATION:
"The compensation available to the CONSULTANT under this agreement is
$185,000 $355.000."
All other provisions of the Agreement between Monroe County Board of County
CQ~~j~ioners and URS Corporation Southern, shall remain in full force and effect.
. ." '...:?'" '\'",
,~.- ~",'
" ""';'A~T~.'~~pnny L. Kolhage, Clerk BOARD OF COUNTY
"I' -- ..,'b\\ <1:~~'}". COMMISSIONERS OF
, ':,'t{-:: ~;::.' d l MONROE COU TV, FLORIDA
""'1;a~~I~~ By:
SE'P 2 0 2006
ATTEST:
URS Corporation Southern
By:
Assistant Secretary
"
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MONROE COUNTY
CONTRACT FOR PROFESSIONAL SERVICES
PROFESSIONAL TRANSPORTATION PLANNING/ENGINEERING
CONSULTANT SERVICES
THIS CONTRACT is made and entered into this /9 tA day of ~, 2005, by
MONROE COUNTY, a political subdivision of the State of Florida, whose address is the
Marathon Government Center, 2798 Overseas Highway, Marathon, Florida 33050,
hereafter the CLIENT, and URS Corporation Southern whose address is 5100 NW 33rd
Ave., Suite 150, Ft. Lauderdale, FL 33309-6375, hereafter CONSULTANT.
Section 1. SCOPE OF SERVICES.
The CONSULTANT 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. CLIENT'S RESPONSIBILITIES.
2.1 Provide all best available data and base maps as to the CLIENT's requirements
for Work Assignments. Designate in writing a person with authority to act on the
CLIENT's behalf on all matters concerning the Work Assignment.
2.2 Furnish to the CONSULTANT all existing plans, studies, reports, and other-
available data pertinent to the work, and obtain or provide additional reports and
data as required by the CONSULTANT. The CONSULTANT shall be entitled to
use and rely upon such information and services provided by the CLIENT or
others in performing the CONSULTANT's services.
2.3 Arrange for access to and make all provisions for the CONSULTANT to enter
upon public and private property as reasonably required, and legally allowed, for
the CONSULTANT 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, CONSULTANT and CLIENT shall work together to resolve the
difficulty in a timely manner.
2.4 Perform such other functions as are indicated in Exhibit "An,
Section 3. TIME OF COMPLETION.
The services to be rendered by the CONSULTANT for each individual work order
request shall be commenced upon written notice from the CLIENT and the work shall
be completed in accordance with the schedule mutually agreed to by the CLIENT and
1 of 16
CONSULTANT, unless it shall be modified in a signed document, by the mutual consent
of the CLIENT and CONSULTANT. Subsequent services shall be perfonned in
accordance with schedules of performance which shall be mutually agreed to by
CLIENT and CONSULTANT.
Section 4. COMPENSATION.
4.1 The compensation available to the CONSULTANT under this current agreement
is $185,000. The CLIENT agrees to pay the CONSULTANT according to the
percentages of completion of each Task within each Phase as provided in the
Scope of Services based on progress reports and other documentation to show
the hours expended by each of the consultant's staff. Should there be any
reimbursable expense request and should there be any disagreement on these,
any disagreement regarding which items are reimbursable shall be submitted to
the County Clerk for detennination and whose decision shall be final.
4.2 This is an on-going contract and may be amended from time to time as approved
mutually by CLIENT and CONSULTANT.
4.3 The hourly billing rates of the CONSULTANT, expected to include virtually all
costs including travel, used in calculating the compensation due are:
Position
Rate/Hour in Dollars
1/1/06 to 1/1/06 to 1/1/07 to
12/31/05 12/31/08 12/31/07
$151.67 $156.22 $160.91
$175.62 $180.89 $186.32
$144.84 $149.19 $153.66
$103.77 $106.88 $110.09
$72.50 $74.68 $76.92
$64.27 $66.20 $68.18
$39.72 $40.91 $42.14
Section 5. PAYMENT TO CONSULTANT.
5.1 Any request for payment must be in a fonn satisfactory to the County Clerk
(Clerk). The request must describe in detail the services performed and the
payment amount requested. The CONSULTANT must submit to the Client
Project Manager, who reviews the request within 15 days of receipt. Client
Project Manager shall note their approval on the request and forward it to the
Clerk for payment. If a portion of a request for payment is not approved, the
Project Manager must inform the CONSULTANT in writing that must include an
explanation of the deficiency that caused the disapproval of the request. The
undisputed portion will be forwarded to the Clerk for payment.
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determines a deficiency in the request requires disapproval of the request. In
that case, the Clerk shall inform the CONSULTANT of the disapproval in writing
together with an explanation of the deficiency that caused the Clerk to
disapprove the request.
5.3 CONSULTANT shall submit progress reports (to include all activities, results of
meetings, etc.) with all invoices on a monthly or otherwise regular basis until the
work under this agreement is completed.
5.4 If the CLIENT fails to make any payment due to the CONSULTANT for services
and expenses within forty-five (45) days after the invoice dates, the
CONSULTANT may, after giving seven (7) days written notice to the CLIENT,
suspend services until the CONSULTANT has been paid in full all amounts due
for services.
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. If the CLIENT terminates this Contract
because of the CONSULTANT's failure to perform, then the CLIENT must pay the
CONSULTANT the amount due for all work satisfactorily completed as determined by
the CLIENT up to the date of the CONSULTANT's failure to perform but minus any
damages the CLIENT suffered as a result of the CONSULTANT's failure to perform.
The damage amount must be reduced by the amount saved by the CLIENT as a result
of the Contract termination. If the amount owed the CONSULTANT by the CLIENT is
not enough to compensate the CLIENT, then the CONSULTANT is liable for any
additional amount necessary to adequately compensate the CLIENT up to the amount
of the Contract price.
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 in accordance with the CLIENT's policy prior to any work
being conducted by the CONSULTANT.
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 CONSULTANT shall not assign, sublet or transfer any rights under or
interest in (including, but without limitations, moneys that may become due or
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moneys that are due) this agreement or subsequent Work Assignment without
the written consent of the CLI ENT, 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 CLIENT:
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 CONSULTANT:
URS Corporation Southern
5100 NW 33rd Ave., Suite 150,
Ft. Lauderdale, FL 33309-6375
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.
CONSULTANT 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 CLIENT or Clerk determines that monies paid to CONSULTANT pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the
CONSULTANT shall repay the monies together with interest calculated pursuant to
Sec. 55.03, FS, running from the date the monies were paid to CONSULTANT.
Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND
020-1990.
The CONSULTANT 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
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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, in its
discretion, may terminate this Contract without liability and may also, in its discretion,
deduct from the Contract 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 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 perform
work as a CONSULTANT, supplier, subconsultant, or CONSULTANT 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 CLIENT and CONSULTANT agree
that venue will lie in the appropriate court or before the appropriate administrative body
in Monroe County, Florida.
The CLIENT and CONSULTANT agree that, in the event of conflicting interpretations of
the terms or a term of this Agreement by or between any of them the issue shall be
submitted to mediation prior to the institution of any other administrative or legal
proceeding.
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 CLIENT and
CONSUL T ANT 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.
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Section 14. ATTORNEY'S FEES AND COSTS.
The CLIENT and CONSULTANT 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 CLIENT and CONSULTANT 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.
The CLIENT and CONSULTANT 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.
Section 18. COOPERATION.
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, CLIENT
and CONSULTANT 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.
CLIENT and CONSULTANT specifically agree that no party to this Agreement shall be
required to enter into any arbitration proceedings related to this Agreement.
Section 19. NONDISCRIMINATION.
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CLIENT and CONSULTANT agree that there 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. CLIENT or CONSULTANT agrees to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352)
which prohibits discrimination on the basis of race, color or national origin; 2) 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; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination
on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42
USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The
Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) 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; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent
records; 8) 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; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended
from time to time, relating to nondiscrimination on the basis of disability; 10) 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.
CLIENT and CONSULTANT 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.
CLIENT agrees that officers and employees of the CLIENT 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 CLIENT and CONSULTANT warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee
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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 CONSULTANT agrees that the CLIENT
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 CLIENT and CONSULTANT 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 CLIENT and CONSULTANT in conjunction with this Agreement; and
the CLIENT shall have the right to unilaterally cancel this Agreement upon violation of
this provision by CONSULTANT.
Section 24. NON-WAIVER OF IMMUNITY.
Notwithstanding he provisions of Sec. 286.28, Florida Statutes, the participation of the
CLIENT and the CONSULTANT in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local govemment
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 CLIENT 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 CLIENT, 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.
Non-Delegation of Constitutional or Statutory Duties. 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
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or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
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 CLIENT and the
CONSULTANT agree that neither the CLIENT nor the CONSULTANT 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. ATTESTATIONS.
CONSULTANT agrees to execute such documents as the CLIENT 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 singing
any such counterpart.
Section 31. SECTION HEADINGS.
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
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As a pre-requisite of the work governed, or the goods supplied under this contract
(including the pre-staging of personnel and material), the CONSULTANT shall obtain, at
his/her own expense, insurance as specified in any attached schedules, which are
made part of this contract. The CONSULTANT will ensure that the insurance obtained
will extend protection to all Subconsultants engaged by the CONSULTANT. As an
alternative, the CONSULTANT may require all Subconsultants to obtain insurance
consistent with the attached schedules.
The CONSUL T ANT 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 CLIENT as specified below. Delays in the
commencement of work, resulting from the failure of the CONSULTANT to provide
satisfactory evidence of the required insurance, shall not extend deadlines specified in
this contract and any penalties and failure to perform assessments shall be imposed as
if the work commenced on the specified date and time, except for the CONSULTANT'S
failure to provide satisfactory evidence.
The CONSULTANT 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 CONSULTANT to maintain the required insurance shall not
extend deadlines specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work had not been suspended, except for the
CONSULTANT'S failure to maintain the required insurance.
The CONSULTANT shall provide, to the CLIENT, as satisfactory evidence of the
required insurance, either:
. Certificate of Insurance
or
· A Certified copy of the actual insurance policy.
The CLIENT, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract, upon the filing of a valid claim, and the
insurance company's refusal to provide the indicated coverage and defense.
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 CLIENT by the insurer.
The acceptance and/or approval of the CONSULTANT'S insurance shall not be
construed as relieving the CONSULTANT from any liability or obligation assumed under
this contract or imposed by law. The Monroe County Board of County Commissioners,
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its employees and officials will be included as "Additional Insured" on all policies, except
for Workers' Compensation, employer's liability and professional liability.
Any deviations from this General Insurance Requirements must be requested in writing
on the County prepared form entitled "Request for Waiver of Insurance
Requirements" and approved by Monroe County Risk Management.
32.2 INSURANCE REQUIREMENTS.
Prior to the commencement of work governed by this contract, the CONSULTANT 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:
$500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$250,000 per Person
$500,000 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 LIABILITY INSURANCE REQUIREMENTS.
Recognizing that the work governed by this contract requires the use of vehicles, the
CONSULTANT, 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:
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$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.
32.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS
Prior to the commencement of work governed by this contract, the CONSULTANT shall
obtain Workers' Compensation Insurance with limits sufficient to respond to the
applicable state statues.
In addition, the CONSULTANT shall obtain Employers' Liability Insurance with limits of
not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 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 CONSULTANT has been approved by the Florida's Department of Labor, as an
authorized self-insurer, the CLIENT shall recognize and honor the CONSULTANT'S
status. The CONSULTANT may be required to submit a Letter of Authorization issued
by the Department of Labor and a Certificate of Insurance, providing details on the
CONSULTANT'S Excess Insurance Program.
If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will
be required. In addition, the CONSULTANT may be required to submit updated
financial statements from the fund upon request from the County.
32.5 ENGINEERS ERRORS AND OMISSIONS LIABILITY INSURANCE
REQUIREMENTS
Recognizing that work governed by this contract could include furnishing of engineering
services, the CONSULTANT shall maintain, throughout the life of the Agreement,
Engineers Errors and Omissions Liability Insurance which will respond to damages
12 of 16
resulting from any claim arising out of performance of professional services or any error
or omission of CONSULTANT arising out of work governed by this Agreement. The
insurance shall be maintained in force for a period of two years after the date of
Completion of the Services set forth in subparagraph 1 (a). The minimum limits of
liability shall be $1,000,000 per occurrence.
Section 33. INDEMNIFY/HOLD HARMLESS.
The CONSULTANT 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,
reasonable attorneys fees, or liability of any kind arising out of the sole negligent
actions of the CONSULTANT or substantial and unnecessary delay caused by the
willful nonperformance of the CONSULTANT and shall be responsible and answerable
for any and all accidents or injuries to persons or property to the extent arising out of its
negligent 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. The CLIENT does hereby covenant and agree to
indemnify and save harmless the CONSULTANT from any fines, suits, claims,
demands, actions, costs obligations, attorney fees, or liability of any kind resulting from
a negligent act or omission by the County, it's Mayor, the Board of County
Commissioners, appointed Boards and Commissions, Officers, and the Employees,
and any other agents individually and collectively under the provisions and up to the
limits of liability as stated in Section 768.28 F.S. Further the CONSULTANT agrees to
defend and pay all legal costs attendant to acts attributable to the sole negligent act of
the CONSULTANT.
At all times and for all purposes hereunder, the CONSULTANT 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 CONSULTANT 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
CONSULTANT 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.
The CONSULTANT 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 negligent errors or
omissions therein which may be disclosed to CONSULTANT in writing within one year
of completion of services under a particular work order. The cost of the work necessary
to correct those errors attributable to the CONSULTANT and any damage incurred by
the CLIENT as a result of additional costs caused by such errors shall be chargeable to
the CONSULTANT. This provision shall not apply to any maps, official records,
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contracts, or other data that may be provided by the County or other public or semi-
public agencies.
The CONSULTANT agrees that no charges or claims for damages shall be made by it
for any delays or hindrances attributable to the CLIENT during the progress of any
portion of the services specified in this contract. Such delays or hindrances, if any,
shall be compensated for by the County by an extension of time for a reasonable period
for the CONSULTANT to complete the work schedule. Such an agreement shall be
made between the parties.
IN WITNESS WHEREOF each party hereto has caused this Agreement to be executed
by its duly authorized representative.
(SEAL}. ".-
Attest: bANNY L.,KOLHAGE, CLERK
0," .:"
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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14 of 16
EXHIBIT "A"
SCOPE OF SERVICES
TRANSPORTATION CONSULTANT SERVICES
MONROE COUNTY, FLORIDA
TASK 1: US 1 ARTERIAL TRAVEL TIME AND DELAY STUDIES
1. PURPOSE
The travel time studies will be used to monitor the level of service on US-1 for
concurrency management purposes pursuant to Chapter 163, Florida Statutes. The
studies will be conducted in accordance with the methodology that was developed by
the US1 LOS Task Force and approved by the County, the Florida Department of
Transportation, and the Florida Department of Community Affairs.
2. ACTIVITIES
A. Using the floating car method, the County will record travel time, speed and delay
data for:
a) each of the 24 segments of US 1 from Florida City to Stock Island; and
b) the length of US 1 from the Miami-Dade County line to the Cow Key Channel.
B. The data will be recorded by date, day of week, time of day, and direction.
C. The study will be conducted over 14 days within the six-week period from February
15 to March 31. The study will consist of 14 round-trip runs, sampling each day of
the week twice.
D. The study schedule will be coordinated with seven day, 24 hour traffic counts to be
conducted by FDOT in Islamorada, Marathon, and Big Pine Key.
E. The study will employ the staggered schedule of departure times previously
approved by the Task Force so as to record peak hour conditions in as many
different locations as possible.
F. The study results will be summarized in report format including a series of tables
and graphs. A statistical analysis of the mean, median, standard deviation, and
range of speeds for each segment and for the overall distance will be provided.
Excess roadway capacity and deficiencies in capacity will be reported.
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TASK 2: GENERAL TRANSPORTATION PLANNING ASSISTANCE
1. PURPOSE
The purpose of this task is to provide assistance to the Monroe County Growth
Management Division staff for the purpose of maintaining and updating the Long Range
Transportation Plan, to ensure that transportation concurrency requirements are met by
public and private development, and other tasks necessary to maintain a high level of
coordination between land use planning and transportation planning activities in the
Florida Keys. This task will provide assistance for general transportation planning and
analysis activities, including data collection and technical support.
2. ACTIVITIES
The transportation planning consultant will provide assistance to Monroe County
Growth Management Division in the following areas:
a) review of site plans for internal traffic flows and access;
b) preparation of traffic impact reports,
c) review of access management issues,
d) development of access management plans,
e) origin-destination studies,
f) attendance at appropriate public meetings and hearings;
g) trip generation rates for land uses
h} provision of review comments on relevant transportation documents prepared by
other agencies;
i) review of transportation element of reports and plans prepared by County staff in
support of the comprehensive plan amendments;
j) systems planning analysis (including running the FSUTMS model or other
transportation planning models deemed as appropriate by Client and Consultant);
k} re-evaluation of the level of service methodology for US-1; and
I) special transportation projects to implement the comprehensive plan.
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