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Home My WebLink AboutI. Growth Management BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 21. 2010 Division: Growth Management Bulk Item: Yes...L No Department: Land Steward Staff Contact: Christine Hurley and Beth Bergh Ext. 2517 and 2511 AGENDA ITEM WORDING: Approval of a resolution authorizing the payment of costs of employment and operating costs for the management services of the Monroe County Land Steward from the Monroe County Environmental Land Management and Restoration Fund. ITEM BACKGROUND: The Monroe County Environmental Land Management and Restoration Fund (Fund 160) is a special revenue fund that was authorized by Resolution 112-2004 for stewardship activities on conservation lands managed by Monroe County. Fund 160 receives revenues collected from developers in the form of mitigation fees for filling in wetlands, fees in lieu of performing on-site restoration or transplantation, and fines assessed for environmental code violations. In 2008, in order to reduce the ad valorem portion of the County budget, the BOCC approved Resolution 026-2008 which temporarily shifted funding for the Land Steward position from the General Fund to Fund 160. The proposed resolution would authorize this funding shift indefinitely and clarify that expenses associated with the position are also included. PREVIOUS RELEVANT BOCC ACTION: January 16, 2008 approved Resolution 026-2008 temporarily authorizing the payment of the Land Steward's costs of employment from Fund 160. March 17, 2004 approved Resolution 112-2004 established the Monroe County Environmental Land Management and Restoration Fund (Fund 160). CONTRACT/AGREEMENT CHANGES: None ST AFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes _No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management_ DOCUMENTATION: Included x Not Required_ DISPOSITION: AGENDA ITEM # RESOLUTION NO. -2010 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE PAYMENT OF COSTS OF EMPLOYMENT AND OPERATING COSTS FOR THE MANAGEMENT SERVICES OF THE MONROE COUNTY LAND STEWARD FROM THE MONROE COUNTY ENVIRONMENTAL LAND MANGAGEMENT AND RESTORATION FUND WHEREAS, Board of County Commissioners Resolution 112- 2004 authorized the Special Revenue Fund called the Monroe County Environmental Land Management and Restoration Fund (Fund 160) hereinafter "Fund" ; and WHEREAS, Resolution 112-2004 authorized the use of the funds for restoration and management activities for conservation lands and public resource protection; and WHEREAS, Resolution 026-2008 authorized the temporary use of the Fund to pay for the Land Steward's position; and WHEREAS, the position of Land Steward is an integral part of management of the conservation lands and provision of public resource protection; and WHEREAS, such position is necessary for the public health, safety and welfare; and WHEREAS, there are sufficient monies in the Fund to pay the salary of the Land Steward out of Fund 160 Cost Center 52002; and WHEREAS, budget constraints continue to necessitate the use of the Fund for the Land Steward position; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Effective immediately, all costs associated with the position of Land Steward for Monroe County shall come out of Fund 160 (Cost Center 52002). (REMAINDER OF PAGE LEFT INTENTIONALLY BLANK) PASSED AND ADOPTED by the Board of county Commissioners of Monroe County Florida, at a regular meeting on April 21 ,2010. Mayor Sylvia Murphy Mayor Pro Tern Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA BY: Mayor Sylvia Murphy (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BY: DEPUTY CLERK RESOLUTION 026 -2008 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE PAYMENT OF COSTS OF EMPLOY:\-IENT FOR THE MANAGEMENT SERVICES OF THE MONROE COL'NTY LAND STEWARD FROM THE MONROE COUNTY ENVIRONMENTAL LAND MANGAGEMENT AND RESTORATION FUND WHEREAS, Board of County Conunissioners Resolution 112- 2004 authorized the Special Revenue Fund called the Monroe County Environmental land Management and Restoration Fund (Fund 160) hereinafter "Fund" ; and WHEREAS, Resolution 112-2004 authorized the use of the funds for restoration and management activities for conservation lands and public resource protection; and WHEREAS, the position of land Steward is an integral part of management of the conservation lands and provision of public resource protection; and WHEREAS. such position is necessary for the public health. safety and welt~ue; and WHEREAS. there are sufficient monies in the Fund to pay the salary of the land Steward out of Fund 160 Cost Center 52002; and WHEREAS, budget constraints for fiscal year 2007-2008 projected to continue through fiscal year 2008-2009 necessitate the use of the Fund for the land Steward position; NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Effective February 1, 2008. all costs associated with the position of land Steward for Monroe ~nty shallcome out of Fund 160 (Cost Center 52002) through September 30,2009. , co ~SSED AND ADOPTED by the Board of county Commissioners of Monroe County Florida. at <f-fegular meeting on January 16, 2008. , co l/~ L..&... ~ c::;o <::::;) '" '-, Mayor Charles "Sonny" McCoy Mayor Pro Tem Mario DiGennaro Commissioner George Neugent Commissioner Dixie Spehar Commissioner Sylvia Murphy Yes Yes Yes Yes Yes ~ .- ~ - ~ .. --' J.-. BOARD OF CQU. Y COMMISSIONERS MONROE COU 'r FLORIDA R BY: '. :. (SE't\l:.). A ITJ?? / DA:\'tpY L. KOLH;GE, CLERK BY~.i~'~ o.G. - ., ----.-- --..- MONROE COUN TY ATTORNEY APPROveO AS TO FORM 1011': ' .." " RESOLUTION 112 -2004 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, RESCINDING RESOLUTION 345A-1999 AND REAUTHORIZING THE ENVIRONMENTAL RESTORATION FUND AS THE ENVIRONMENTAL LAND MANAGEMENT AND RESTORATION FUND, AN ACCOUNT WITHIN THE BUDGET OF THE MONROE COUNTY, MUNICIPAL SPECIAL TAXING DISTRICT WHEREAS, the Board of County Commissioners adopted Resolution 345A-1999, on July 22, 1999, establishing a special revenue fund, called the Monroe County Environmental Restoration Fund [Fund 160], hereinafter called the "Fund"; and, WHEREAS, Resolution 345A-1999 authorizes revenues for the Fund to come from various sources, including fees collected for plant transplantation, filling of disturbed salt marsh and buttonwood wetlands, payment of fees in lieu of plant stock, and environmental fines; and, WHEREAS, Resolution 345A-1999 limits these funds to environmental restoration and improvement purposes set forth in the Monroe County Comprehensive Plan and Land Development Regulations; and, WHEREAS, the Board of Commissioners has designated large areas in unincorporated Monroe County for public acquisition of environmentally sensitive lands and resources; and, WJlEREAS, the restoration and' management of these lands for conservation and natural resource protection purposes will require increased funding as the nmober of acres under County ownership will be significantly expanded to implement Goal 105 of the Comprehensive Plan; and, WHEREAS, the content of Resolution 345A-1999 regarding funding sources is limiting and the language governing the use of the funds too vague for effective and efficient administration of this fund; NOW THEREFORE BE IT RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that: Section 1: Resolution 345A-1999 is hereby rescinded. Section 2: The Special Revenue Fund, called the Monroe County Environmental Restoration Fund, created by Resolution 345A-1999, is hereby re-authorized as the Monroe County Environmental Land Management and Restoration Fund. Section 3: The following revenues shall be deposited in the Monroe County Environmental Land Management and Restoration Fund [Fund 160J, hereinafter called the "Fund": C:\ TEMP'.resol-environ _ .doc Page I of2 1. Mitigation fees paid by landowners for placing fill in wetlands and clearing of sites pursuant to Chapters 6 and 9.5, Monroe County Code; 2. Restoration or transplantation fees paid in lieu of plant stock by landowners pursuant to Chapter 9.5, Monroe County Code. 3. All monies collected by the Growth Management Division through civil law suits, consent agreements, or after-the-fact clearing or filling permits, except for penalties and administrative costs, required to mitigate the envirorunental damages to wetlands, tree or hammock resources. 4. Any fines levied for unlawful clearing and filling of environmentally sensitive lands found by the special master to be irreparable or irreversible in nature. 5. Any fme for an environmental crime when such fine is ordered by the sentencing court to be paid into the fund. Section 4: In addition to the revenue described in Section 3 above, the Fund may also accept grants, donations, gifts, and revenue appropriated or transferred to the Fund by the County Commission from any lawfully available source. Section 5: The revenue deposited in the Fund may only be used for restoration and management activities of public resource protection and conservation lands. These activities include, but are not limited to the following: clearance and removal of debris, waste, and fill; removal of structures or other improvements required for site restoration; removal of exotics and invasive specie; purchase of plant and landscaping materials for restoration of wetlands and upland habitat; installation of plant materials on site and site restoration; and, the purchase and installation of fences, signs, or other materials to ensure securing of envirorunentallands. These funds shall not be used for acquisition of real property or an interest in real property. Section 6: Fund revenues for the purchases of goods, services, or improvements to real property shall only be expended according to general law and to the Board of County Commissioners' Purchasing Policy and applicable purchasing ordinances. PASSED AND ADOPTED by the Board of County Commissioners of MoI1f9C ~unm Florida, at a regular meeting of said Board held on 17m day of March 2004. f ~ :; ~ 0'''- ):::I. ::J ", ~ =< ;;:Q . .~6:: ~ 6 ;L ~ (~_' .:.<] -'~r.- ~ :--) :< ~-. : - - , ..,., N :-) Mayor Murray Nelson Mayor Pro Tern David Rice Commissioner Charles "Sonny" McCoy Commissioner George Neugent Commissioner Dixie Spehar yes yes yes yes yes ,,~ '0 - - " Clerk BOARD OF COUNTY COMMISSIONERS OF MO E COUNTY, FLORlDA By: Page 2 of2 MONROE COUNT " AT ;'J"NE: ( ~-?J1?ff FORM: C:\TEMP\resol-environ _ .doc BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 21. 2010 Bulk Item: Yes -L No Division: Growth Management Department: Staff Contact PersonlPhone #: Susan Grimsley Ext. 2524 AGENDA ITEM WORDING: Approval of the First Amendment to Occupancy Agreement and Ground Lease between Habitat for Humanity of the Upper Keys, Inc and Monroe County to extend the term to 100 years and eliminate the annual $10.00 rent in order to comply with Florida Statute Sec. 196. 199(2)(b ) to carry out the original intent of the parties in regard to the property tax liability of the Lessee in order for the buildings to be taxed as real property instead of tangible property for real estate located in Key Largo (RE# 00554720-000000,00554720-000100) on which fourteen (14) affordable housing units will be built. ITEM BACKGROUND: Monroe County and Habitat for Humanity of the Upper Keys, Inc entered into an Occupancy Agreement and 99 year Lease on May 20, 2009. The property is located at First Street and First Avenue, Mile Marker 98, Oceanside in Key Largo, Habitat plans to commence construction by June 1,2011, and receive certificates of occupancy for the fourteen (14) units no later than August 1, 2012. The lease terms inaccurately reflect the intent of the parties and inadvertently tax the improvements on the property as tangible personal property instead of real property. The improvements on the property will be assessed as real estate if the lease is for 100 years or more instead of 99 years, and if no rental is paid by the Lessees or subsequent lessees. PREVIOUS RELEVANT BOCC ACTION: May 20, 2009 - BOCC approved Occupancy Agreement and 99 Year Lease. December 17, 2007- BOCC awarded project to Habitat for Humanity of the Uppers Keys for a home ownership project. October 19,2005 - BOCC authorized acceptance from the Monroe County Housing authority for the above referenced parcels when appropriate. September 25, 1001- Land Authority deeded the property to Monroe County Housing Authority. July 19,2001 - Land Authority Resolution 06-2001 authorized the purchase by the Land Authority and conveyance to the Monroe County Housing Authority. CONTRACVAGREEMENTCHANGES: ilia STAFF RECOMMENDATIONS: Approval TOTAL COST: ilia INDIRECT COST: DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: ilia ilia BUDGETED: Yes _No SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty -2L OMB/Purchasing _ Risk Management_ DOCUMENTATION: Included x Not Required_ DISPOSITION: AGENDA ITEM # 09 PREPARED BY AND RETURN TO: SUSAN GRIMSLEY MONROE COUNTY 2798 OVERSEAS HIGHWAY MARATHON, FL. 33052 FIRST AMENDMENT TO OCCUPANCY AGREEMENT AND GROUND LEASE TillS FIRST AMENDMENT TO OCCUPANCY AGREEMENT AND GROUND LEASE (First Amendment), dated this _day of , 2010, is made by and between Monroe County, a political subdivision of the State of Florida (Lessor) and Habitat for Humanity of the Upper Keys, Inc., a Florida non-profit corporation (Lessee). WITNESSETH: WHEREAS, Lessor and Lessee entered into that certain 99-year Lease (Lease) dated May 20, 2009, for the property legally described on Exhibit A attached having RE# 00554720-000000 and RE#00554720-000100, known as 104 First Street, Key Largo, Monroe County for the development of Fourteen (14) affordable housing dwelling units, said Lease being recorded in Monroe County Public Records at Official Records Book 2414 at Page 490; and WHEREAS, in drafting the Lease an Annual Base Rent in the amount of Ten Dollars ($10.00) was included in the Lease as said language was considered usual and customary for consideration in a deed or lease; and WHEREAS, Lessor and Lessee desire to amend the Lease to provide that there shall be no rent payable under the Lease, the intent being that the Lease will comply with Florida Statute 196.199(2)(b); and WHEREAS, Lessor and Lessee desire to amend the Lease to also provide that the initial term shall be one hundred (100) years in order to be taxable as provided under Florida Statute 196.199(7) ; NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the undersigned parties agree as follows: 1. The recitals contained herein are true and correct and incorporated herein by reference. 2. The Lease is presently valid and in full force and effect. 3. In Article I Definitions, the definition of the word "Term" shall be amended as follows: "Term" means the Commencement Date and continuing for One Hundred (100) years thereafter, plus any agreed upon extension of this Lease, and unless otherwise permitted by Lessor, all Subleases and rights or interests granted thereunder shall terminate at the end of the Term. 4. In Article I Definitions, the definition of the term "Affordable Housing Unit" shall be amended as follows: Page 1 of3 "Affordable Housing Unit" shall mean a residential housing unit that meets the moderate or lesser income requirements set forth in applicable sections of the Monroe County Land Development Regulations, as may be amended from time to time without limitation of Lessor's complete legislative prerogatives, said restrictions to encumber the Property for the term of the One Hundred (100) year lease. The singular includes the plural and the plural includes the singular when referenced herein. 5. Section 3.01 Term shall be amended as follows: Term: To have and to hold the Demised Premises for a term of One Hundred (100) years commencing on the Commencement Date and ending One Hundred (100) years thereafter, both dates inclusive, unless sooner terminated or extended as hereinafter provided (the Termination Date). Lessee shall be given possession on the Effective Date and the terms and conditions set forth herein shall be binding on the parties as of the Effective Date. Lessee shall have the right to occupy the Demised Premises as of the Effective Date in order to allow Lessee to commence construction as well as other activities related to the development and construction of the Project. As herein set forth, the Term will not commence until an Affordable Housing Unit is completed and a Certificate of Occupancy has been issued for that Affordable Housing Unit, said date to be evidenced by the Commencement Date Agreement that the parties will, upon completion of construction of the first Affordable Housing Unit, execute in substantially the same form as that set forth in Exhibit C hereto, reflecting a term of One Hundred (100) years. 6. In Article I, Definitions, the definition of "Rent" is hereby deleted and notwithstanding anything contained in the Lease to the contrary there shall be no annual base rent due. However, obligations for any other payment considered as additional rent and any other financial obligations provided for in the Lease shall remain in full force and effect. 7. Section 4.01 of the Lease is hereby deleted to provide that there shall be no base rental payments due pursuant to this Lease so that the leasehold shall be taxed as real property with an ownership interest in Lessee or sub-lessees. 8. All other terms of the Lease referring to a ninety - nine (99) year lease shall reflect the change to One Hundred (100) Years if not specifically referenced in this First Amendment. 9. Exhibit D of the Lease shall be amended as attached as Exhibit B to reference the One Hundred (100) year term. 10. The effective date of the terms of this First Amendment shall be May 20,2009, to reflect the original intent of the parties; therefore application is retroactive. 11. Except as expressly modified by the First Amendment, all terms and conditions of the Lease remain in full force and effect, binding upon the parties. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 2 of3 . IN WITNESS WHEREOF, the undersigned executed this First Amendment to Occupancy Agreement and Ground Lease this _day of . 2010. LESSOR: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (SEAL) ATTEST:DANNY L. KOLHAGE, CLERK Mayor Sylvia J. Murphy Deputy Clerk STATE OF FLORIDA COUNTY OF MONROE Be it known, that on the _day of .2010, before me, a Notary Public in and for the State of Florida, County of Monroe, duly commissioned and sworn, personally came and appeared Sylvia J. Murphy, as Mayor of Monroe County, to me personally known. In testimony whereof, I have hereunto subscribed my name and affixed my seal of office the day and year last above written. (Seal) . NOTARY PUBLIC LESSEE: HABITAT FOR HUMANITY OF THE UPPER KEYS, INC. q~4~ >>tesident J. Daniel McMee Print Name Witness: ~. K (1) ~ L~ Print Name Sl'e (J 0--(\ ~~ 2) C \~K (2) ~ ~-u V~ Print Name f} /t (! e ~ It +\-e y- " -#!~.)'d E~ 've D' or Print Name Jack Neidbalski STATE OF FLORIDA COUNTY OF MONROE Be it known, that on the ~daY of~ \ .2010, before me, a Notary Public in and for the State of Florida, Co of Monroe, duly commissioned and sworn, personally came and appe3!ed k Ne, \&.Ii. to me personally known or who provided \'-t. ~ l. - ~ as identification. In testimony whereof, I have hereunto subscribed my name and affixed my seal of office the day and year last above written. (Seal) .~<i'i~::'Y~. KENIE RODRIGUEZ ~*: :*~ MY COMMISSION # 00859117 -:.~ QI<'fii ,/ EXPIRES February 08. 2013 'lIlli" (407) 398-0153 FloridaNolaryServlCe.com ~~~ Page 3 of3 Exhibit A A part of the Northeasterly 125 feet of Block 3, Mandalay, according to the Plat thereof, as recorded in Plat Book 1, at Page 194 of the Public Records of Monroe County, Florida being more particularly described as follows: Beginning at the Northwesterly corner of the Northeasterly 125 feet of Block 3, aforementioned Plat of Mandalay, run Northeasterly along the Northwesterly line of said Block 3 for a distance of 99.99 feet to a point of curvature; thence in a Southeasterly direction along the arc, of a curve concave to the South, having a radius of 25.00 feet and a delta angle of 90 degrees 01 minutes 03 seconds for a distance of 39.28 feet; thence run in a Southeasterly direction along the Northeasterly line of said Block 3 for a distance of 125.15 feet; thence run with a deflection angle to the right of 90 degrees 00 minutes 00 seconds from the last described course for a distance of 44.50 feet; thence run with a deflection angle to the right of 90 degrees 00 minutes 00 seconds from the last described course for a distance of 47.97 feet; thence run with a deflection angle to the l~.f:t of 90 degrees 00 minutes 00 seconds from the last desc.tibed course for a distance of 62.50 feet; thence run with a deflection angle to the left of 90 degrees 00 minutes 00 seconds from the last described course for a distance of 75.97 feet; thence run with a deflection angle to the left of 90 degrees 00 minutes 00 seconds from the last described course for a distance of 107.00 feet to the Northeasterly line of said Block 3; thence run with a deflection angle to the right of 90 degrees 00 minutes 00 seconds and Southeasterly along the Northeasterly line of said Block 3 for a distance of 46.88 feet to a point of curvature; thence in a Southwesterly direction along the arc of a curve concave to the West, having a radius of 25.00 feet and a delta angle of 89 degrees 59 minutes and 30 seconds Jfor a distance of 39.27 feet; thence run in a Southwesterly direction along the Southeasterly line of said Block 3 for a distance of 100.00 :feet; thence run with a deflection to the right of 90 degrees 00 minutes 30 seconds from the last described course for a distance of 250.02 feet back to the Point of Beginning, containing 24,990.66 square feet, more or less. AND ALSO: A part of the Northeasterly 125 feet of Block 3, Mandalay, according to the plat thereof as recorded in Plat Book 1, at Page 194 of the Public Records of Monroe County, Florida, being more particularly described as follows: Commencing at the Northwesterly corner of the Northeasterly 125 feet of Block 3, aforementioned Plat of Mandalay, run northeasterly along the Northwesterly line of said Block 3 for a distance of 99.99 feet to a point of curvature; thence in a Southwesterly direction along the arc of a curve concave to the South, having a radius of 25.00 feet and a delta angle of 90 degrees 01 minutes 03 seconds for a distance of 39.28 feet, thence run in a Southeasterly direction along the Northeasterly line of said Block 3 for a distance of 125.15 feet to the point of beginning of the parcel hereinafter described, thence run a deflection angle to the right of 90 degrees 00 minutes 00 seconds from the last described course for a distance of 44.50 feet, thence run with a deflection angle to the right of 90 degrees 00 minutes 00 seconds from the last described course for a distance of 47.97 feet, thence run with a deflection angle to the left of 90 degrees 00 minutes 00 seconds from the last described course for a distance of 75.97 feet, thence run with a deflection angle to the left of 90 degrees 00 minutes 00 seconds from the last described course for a distance of 107.00 feet to the Northeasterly line of .said Block 3, thence run with a deflection angle to the left of 90 degrees 00 minutes 00 seconds and Northwesterly along the Northeasterly line of said Block 3 for a distance of 28.00 feet back to the point of beginning, containing 5994.29 square feet, more or less. EXHIBIT D LETTER OF ACKNOWLEDGEMENT TO: Initial Lessee, or its assigns Address of Initial Lessee, or its assigns DATE: This letter is given to (.....Initial Lessee....) as an acknowledgement in regard to the Affordable Housing Unit that I am purchasing. I hereby acknowledge the following: . That I meet the requirements set forth in the Affordable Restrictions to purchase an affordable unit. I understand that the unit I am buying is being sold to me at a price restricted below fair market value for my, future similarly situated persons and Monroe County's benefits. . That the Affordable Housing Unit that I am purchasing is subject to a loo-year ground lease by and between Monroe County, a political subdivision of the State of Florida, and (hereinafter "Lease") and therefore I will be subleasing a parcel of land. . That my legal counsel, , has explained to me the terms and conditions of the Lease, including without limitation the meaning of the term "Affordable Restrictions", and other legal documents that are part of this transaction. If I have not had legal counsel, I state here that I have had an opportunity to have obtain such counsel, understand its importance, and have knowingly proceeded to closing without it. . That I understand the terms of the Lease and how the terms and conditions set forth therein will affect my rights as an owner of the Affordable Housing Unit, now and in the future. . That I agree to abide by the Affordable Restrictions, as defined in the Lease, and I understand and agree for myself and my successors in interest that Monroe County may change some of the Affordable Restrictions over the loo-year term of the Lease and that I will be expected to abide by any such changes. . That I understand and agree that one of the goals of the Lease is to keep the Affordable Housing Units affordable from one owner to the next, and I support this goal. . That in the event I want to sell my Affordable Housing Unit, I must comply with the requirements set forth in the Lease, including but not limited to the price at which I might be allowed to sell it, the persons to whom I might be allowed to sell it to and that the timing and procedures for sales will be restricted. . That my lease prohibits me from severing the improvements from the real property. . That my family and I must occupy the Affordable Housing Unit and that it cannot be rented to third parties without the written approval of the Lessor. . I understand that in the event that I die, my home may be devised and occupied by my wife, my children or any other heirs so long as they meet the requirements Exhibit B to First Amendment to Occupancy Agreement and Ground Lease Habitat for Humanity of the .pper ~eys, Inc. dated April 21, 2010 for affordable housing as set forth in the Lease. . That I have reviewed the terms of the Lease and transaction documents and that I consider said terms fair and necessary to preserve affordable housing and of special benefit to me. . I hereby warrant that I have not dealt with any broker other than in connection with the consummation of the purchase of the Affordable Housing Unit. Occupant Signature Occupant Signature Exhibit B to First Amendment t~ .Q~cupan2Y_~~eement and Ground L~_~s~ Habitat for Humanity of the Upper Keys, Inc. dated April 21, 2010 . "-- BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 21. 2010 Bulk Item: Yes ----X- No Division: Growth Management Department: Staff Contact PersonlPhone #: Susan Grimsley Ext. # 2524 AGENDA ITEM WORDING: Approval of the First Amendment to Occupancy Agreement and Ground Lease between Habitat for Humanity of the Upper Keys, Inc and Monroe County to extend the term to 100 years and eliminate the annual $10.00 rent in order to comply with Florida Statute Sec. 196. 199(2)(b ) to carry out the original intent of the parties in regard to the property tax liability of the Lessee in order for the buildings to be taxed as real property instead of tangible property for real estate located in Key Largo, at 98970 Overseas Highway in Key Largo (RE# 00522220-000000). ITEM BACKGROUND: The property consists of a store building and five (5) affordable units will be built at the site. The lease terms inaccurately reflect the intent of the parties and inadvertently tax the improvements on the property as tangible personal property instead of real property. The improvements on the property will be assessed as real estate if the lease is for 100 years or more instead of 99 years, and if no rental is paid by the Lessees or subsequent lessees. PREVIOUS RELEVANT BOCC ACTION: May 20, 2009 - BOCC approved Occupancy Agreement and 99 Year Lease March 18, 2009 - BOCC extended ROGO Allocation reservation Resolution 083-2009 until August 20,2010. February 20, 2008 - Reserved 5 ROGO allocations for Habitat for Humanity for this property. July 17, 2007 - BOCC approved Habitat for Humanity as one of seven (7) qualified developers to provide housing development services. August 15, 2005 - BOCC approved 15 year lease with Habitat for Humanity of the Upper Keys, Inc. for the property with existing building for use by Habitat for a store and warehouse; said lease contemplating a property with existing building for use by Habitat for a store and warehouse; said lease contemplating a future lease for building affordable housing units. August 1, 2005- received deed for property from Gregory and Diana Pardo. CONTRACT/AGREEMENT CHANGES: ilia STAFF RECOMMENDATIONS: Approval TOTAL COST: ilia INDIRECT COST: BUDGETED: Yes _No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year APPROVED BY: County Atty ----X- OMB/Purchasing _ Risk Management_ DOCUMENTATION: Included x Not Required_ DISPOSITION: AGENDA ITEM # PREPARED BY AND RETURN TO: SUSAN GRIMSLEY MONROE COUNTY SUITE 401 2798 OVERSEAS HIGHWAY MARATHON, FL. 33052 FIRST AMENDMENT TO OCCUPANCY AGREEMENT AND GROUND LEASE TillS FIRST AMENDMENT TO OCCUPANCY AGREEMENT AND GROUND LEASE (First Amendment), dated this _day of , 2010, is made by and between Monroe County, a political subdivision of the State of Florida (Lessor) and Habitat for Humanity of the Upper Keys, Inc., a Florida non-profit corporation (Lessee). WITNESSETH: WHEREAS, Lessor and Lessee entered into that certain 99-year Lease (Lease) dated May 20, 2009, for the property legally described on Exhibit A having RE# 00522220-000000, known as 98970 Overseas Highway, Key Largo, Monroe County for the development of Five (5) affordable housing dwelling units and continued use of a commercial building, said Lease being recorded in Monroe County Public Records at Official Records Book 2426 at Page 355; and WHEREAS, in drafting the Lease an Annual Base Rent in the amount of Ten Dollars ($10.00) was included in the Lease as said language was considered usual and customary for consideration in a deed or lease; and WHEREAS, Lessor and Lessee desire to amend the Lease to provide that there shall be no rent payable under the Lease, the intent being that the Lease will comply with Florida Statute 196. 199(2)(b ); and WHEREAS, Lessor and Lessee desire to amend the Lease to also provide that the initial term shall be one hundred (100) years in order to be taxable as provided under Florida Statute 196.199(7) ; NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the undersigned parties agree as follows: 1. The recitals contained herein are true and correct and incorporated herein by reference. 2. The Lease is presently valid and in full force and effect. 3. In Article I Definitions, the definition of the word "Term" shall be amended as follows: "Term" means the Commencement Date and continuing for One Hundred (100) years thereafter, plus any agreed upon extension of this Lease, and unless otherwise permitted by Lessor, all Subleases and rights or interests granted thereunder shall terminate at the end of the Term. 4. In Article I Definitions, the definition of the term "Affordable Housing Unit" shall be amended as follows: Page 1 of3 "Affordable Housing Unit" shall mean a residential housing unit that meets the moderate or lesser income requirements set forth in applicable sections of the Monroe County Land Development Regulations, as may be amended from time to time without limitation of Lessor's complete legislative prerogatives, said restrictions to encumber the Property for the term of the One Hundred (100) year lease. The singular includes the plural and the plural includes the singular when referenced herein. 5. Section 3.01 Term shall be amended as follows: Term: To have and to hold the Demised Premises for a term of One Hundred (100) years commencing on the Commencement Date and ending One Hundred (100) years thereafter, both dates inclusive, unless sooner terminated or extended as hereinafter provided (the Termination Date). Lessee shall be given possession on the Effective Date and the terms and conditions set forth herein shall be binding on the parties as of the Effective Date. Lessee shall have the right to occupy the Demised Premises as of the Effective Date in order to allow Lessee to commence construction as well as other activities related to the development and construction of the Project. As herein set forth, the Term will not commence until an Affordable Housing Unit is completed and a Certificate of Occupancy has been issued for that Affordable Housing Unit, said date to be evidenced by the Commencement Date Agreement that the parties will, upon completion of construction of the first Affordable Housing Unit, execute in substantially the same form as that set forth in Exhibit C hereto, reflecting a term of One Hundred (100) years. 6. In Article I, Definitions, the defmition of "Rent" is hereby deleted and notwithstanding anything contained in the Lease to the contrary there shall be no annual base rent due. However, obligations for any other payment considered as additional rent and any other financial obligations provided for in the Lease shall remain in full force and effect. 7. Section 4.01 of the Lease is hereby deleted to provide that there shall be no base rental payments due pursuant to this Lease so that the leasehold shall be taxed as real property with an ownership interest in Lessee or sub-lessees. 8. All other terms of the Lease referring to a ninety - nine (99) year lease shall reflect the change to One Hundred (100) Years if not specifically referenced in this First Amendment. 9. Exhibit D of the Lease shall be amended as attached as Exhibit B to reference the One Hundred (100) year term. 10. The effective date of the terms of this First Amendment shall be May 20,2009, to reflect the original intent of the parties; therefore application is retroactive. 11. Except as expressly modified by the First Amendment, all terms and conditions of the Lease remain in full force and effect, binding upon the parties. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 2 of3 IN WITNESS WHEREOF, the undersigned executed this First Amendment to Occupancy Agreement and Ground Lease this _day of .2010. LESSOR: MONROE COUNTY BOARD OF COUNTYCO~SmONERS (SEAL) A TTEST:DANNY L. KOLHAGE, CLERK Mayor Sylvia J. Murphy Deputy Clerk STATE OF FLORIDA COUNTY OF MONROE Be it known, that on the _day of .2010, before me, a Notary Public in and for the State of Florida, County of Monroe, duly commissioned and sworn, personally came and appeared Sylvia 1. Murphy, as Mayor of Monroe County, to me personally known. In testimony whereof, I have hereunto subscribed my name and affixed my seal of office the day and year last above written. (Seal) NOTARY PUBLIC LESSEE: HABITAT FOR HUMANITY OF THE UPPER KEYS, INC. :2~-J~~~ esldent J. Daniel McMee Print Name Witness: (1) ~~~ Print Name S\-.e ? ~ '\ <>-- :s c... \ CA.-r ~ (2) QR;; L m~jJ./L. PrintName It~ee -:J3~-t {~v- 4:!.$; ./4/1 Print Name Jack Neidbalski STATE OF FLORIDA COUNTY OF MONROE Be it known, that on the \ S~ day of ~: \ .2010, before me, a Notary Public in and for the State of Florida, County of Monroe, duly' ftOmmissioned and sworn, personally came and appeared ~~:e.,l HLMit. Jo.c.L Ntid'rtJ,(iJc.J to me personally known or who provided ~t. 1>1: V"C.( ~ L :u.^~ as identification. In testimony whereof, I have hereunto subscribed my name and affixed my seal of office the day and year last above written. "I\}'" ... ::WJ~4!i'~- KENIE RODRIGUEZ -." . - ; : ;*; MY COMMISSION # DD859117 .... .'it,,:!,'" EXPIRES February 08, 2013 (407) 398-0153 FIOr1daNotarySarvlCe,com (Seal) ~~, Page 3 of3 EXHIBIT A LEGAL DESCRIPTION A PART OF Lot 12 in Section 32, Township 61 South, Range 39 East, according to Model Land Company Plat, recorded in Plat Book 1, Page 68, of the Public Records of Monroe County, Florida described as follows: Beginning at the Southwest corner of the said Lot 12, running East along the South boundary line of the said Lot 12 for a distance of 12.4 feet to a point on the Northwesterly boundary line of Old State Road 4A; thence with a deflected angle to the left of 45 degrees 23 minutes, run Northeasterly along the Northwesterly boundary line of Old State Road 4A for a distance of 155.90 feet to a point on the Southeasterly boundary line of U.S. Highway No.1; thence at right angles and Southwesterly along the Southeasterly boundary line of U.S. Highway NO.1 for a distance of 50.0 feet to a point on the West boundary line of the said Lot 12; thence with deflected angle to the left of 45 degrees 23 minutes, run South along the West boundary line of the said Lot 12 for a distance of 163.5 feet back to the point of Beginning. AND Lot 1 B of Block 3, of the Resubdivision of Tract (A) Harbor Shores, according to the Plat thereof, recorded in Plat Book 3, Page 44, of the Public Records of Monroe County, Florida, plat of said resubdivision recorded in Plat Book 3, Page 56, of the Public Records of Monroe County, Florida. C:\Documents and Settings\tezanos-mayra\Local Settings\Temporary Internet Files\Content.Outlook\1 MBNJRTO\Legal Description.doc EXHIBIT D LEITER OF ACKNOWLEDGEMENT TO: Initial Lessee, or its assigns Address of Initial Lessee, or its assigns DATE: This letter is given to (.....Initial Lessee....) as an acknowledgement in regard to the Affordable Housing Unit that I am purchasing. I hereby acknowledge the following: . That I meet the requirements set forth in the Affordable Restrictions to purchase an affordable unit. I understand that the unit I am buying is being sold to me at a price restricted below fair market value for my, future similarly situated persons and Monroe County's benefits. . That the Affordable Housing Unit that I am purchasing is subject to a loo-year ground lease by and between Monroe County, a political subdivision of the State of Florida, and (hereinafter "Lease") and therefore I will be subleasing a parcel of land. . That my legal counsel, , has explained to me the terms and conditions of the Lease, including without limitation the meaning of the term "Affordable Restrictions", and other legal documents that are part of this transaction. If I have not had legal counsel, I state here that I have had an opportunity to have obtain such counsel, understand its importance, and have knowingly proceeded to closing without it. . That I understand the terms of the Lease and how the terms and conditions set forth therein will affect my rights as an owner of the Affordable Housing Unit, now and in the future. . That I agree to abide by the Affordable Restrictions, as defined in the Lease, and I understand and agree for myself and my successors in interest that Monroe County may change some of the Affordable Restrictions over the loo-year term of the Lease and that I will be expected to abide by any such changes. . That I understand and agree that one of the goals of the Lease is to keep the Affordable Housing Units affordable from one owner to the next, and I support this goal. . That in the event I want to sell my Affordable Housing Unit, I must comply with the requirements set forth in the Lease, including but not limited to the price at which I might be allowed to sell it, the persons to whom I might be allowed to sell it to and that the timing and procedures for sales will be restricted. . That my lease prohibits me from severing the improvements from the real property. . That my family and I must occupy the Affordable Housing Unit and that it cannot be rented to third parties without the written approval of the Lessor. . I understand that in the event that I die, my home may be devised and occupied by my wife, my children or any other heirs so long as they meet the requirements Exhibit B to First Amendment to Occu anc A reement and G abitat for Humanity of the Upper Keys, Inc. dated April 21, 2010 for affordable housing as set forth in the Lease. . That I have reviewed the terms of the Lease and transaction documents and that I consider said terms fair and necessary to preserve affordable housing and of special benefit to me. . I hereby warrant that I have not dealt with any broker other than in connection with the consummation of the purchase of the Affordable Housing Unit. Occupant Signature Occupant Signature Exhibit B to First Amendment to Occupancy Aareement and Ground Lease Habitat for Humanity of the Upper Keys, Inc. dated April 21 ,2010 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 21. 2010 Division: Growth Management Bulk Item: Yes --1L- No Department: Staff Contact PersonJPhone #: Susan Grimslev Ext. # 2524 AGENDA ITEM WORDING: Approval of a reservation for one affordable housing dwelling unit ROGO allocation for Habitat for Humanity of the Upper Keys, Inc. for a parcel legally described as Lot 5, Block 1 Harbor Shores Subdivision, Key Largo, RE# 00521570-000000. ITEM BACKGROUND: Habitat for Humanity of the Upper Keys, Inc. owns a vacant tier 3 lot in Harbor Shores where it intends to build an affordable dwelling unit for households with One Hundred Twenty percent of median household income or below. The application and award through the quarterly allocation process will not make the allocation available until November 2010. Habitat is obtaining funding from the Florida Housing Finance Corporation through the Community Conservation Tax Credit Program. The use of these funds requires 80% of the structure to be completed by the middle of July 2010. Monroe County Code provides for the Board to reserve an allocation for six months, unless otherwise specified for specific affordable housing projects participating in federal/state housing fmancial programs. PREVIOUS RELEVANT BOCC ACTION: n/a CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes _No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: n/a SOURCE OF FUNDS: REVENUE PRODUCING: Yes No x AMOUNTPERMONTH_ Year APPROVED BY: County Arty ~ OMB/Purchasing _Risk Management_ Not Required_ DOCUMENTATION: Included x DISPOSITION: AGENDA ITEM # Revised 7/09 RESOLUTION -2010 A RESOLUTION BY THE BOARD OF COUNTY COMMSSIONERS OF MONROE COUNTY , FLORIDA RESERVING ONE AFFORDABLE HOUSING ALLOCATION FOR HABITAT FOR HUMANITY OF THE UPPER KEYS, INC. WHEREAS, Habitat for Humanity of the Upper Keys, Inc. (Habitat) owns a vacant Tier 3 lot in Harbor Shores Subdivision with RE #00521570-000000 legally described as Lot 5, Block 1 Harbor Shores Subdivision as recorded in Plat Book 3 Page 44 Key Largo; and WHEREAS, Habitat intends to build an affordable dwelling unit for households with One Hundred Twenty percent (120%) of median household income or below on this property; and WHEREAS, Habitat is obtaining funding from the Florida Housing Finance Corporation through the Community Conservation Tax Credit Program; and WHEREAS, the use of these funds requires eighty percent (80%) of the structure to be completed by the middle of July; and WHEREAS, pursuant to Section 138-24(b )(2) and (3)Monroe County Code, the Board of County Commissioners can reserve an allocation for six months, unless otherwise specified, for specific affordable or employee housing projects participating in a federal/state housing financial program and to specific affordable or employee housing projects sponsored by nongovernmental not-for-profit organizations upon written request from the project sponsor and approved by resolution of the board of county commissioners, thus making the allocation available when the building permit is ready to be issued; and WHEREAS, the application and award through the quarterly allocation process will not make the allocation available until November 2010; and WHEREAS, Ordinance 2009-24 requires the County to process applications for affordable housing expeditiously; and WHEREAS, sufficient affordable housing allocations exist for such reservation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: One affordable housing ROGO allocation is reserved for Habitat for Humanity of the Upper Keys, Inc. for the parcel with RE# 00521570-000000. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the _ day of ,2010. Mayor Sylvia J. Murphy Mayor Pro tern Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro ATTEST: DANNY L. KOLHAGE, CLERK MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Deputy Clerk Mayor Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 21. 2010 Division: Growth Management Bulk Item: Yes No X- Department: Building Staff Contact PersonlPhone #: Joseph Paskalik. Ex!. 2574 AGENDA ITEM WORDING: Approval of waiver of building permit fees not to exceed $10,000.00 for construction of one Single Family residence for Habitat for Humanity of the Upper Keys, Inc. located at Blk 1, Lot 5, Harbor Shores (an undeveloped lot). ITEM BACKGROUND: Ordinance 004-2010 approved on February 17, 2010 requires BOCC approval for waivers of building permit fees for affordable housing. Habitat for Humanity wishes to construct a new 1350 square foot, 3 bedroom, 2 bath, single family residence on an undeveloped lot in Harbor Shores for a household with an income level up to 120% of median income as defmed by Monroe County Code. Florida Housing Finance Corporation grant funds are being used for this construction. Fees are estimated at $6,000 but may exceed that amount and are to be reimbursed to Fund 180. PREVIOUS RELEVANT BOCC ACTION: February 17,2010 - BOCC adopted Ordinance 004-2010 CONTRACVAGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: Approx. $6.000.00 INDIRECT COST: N/A BUDGETED: Yes _No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: Approx. $6.000.00 SOURCE OF FUNDS: N/A REVENUE PRODUCING: NO AMOUNTPERMONTH_ Year APPROVED BY: County Atty --1L- OMB/Purchasing _ Risk Management_ DOCUMENTATION: Included x Not Required_ DISPOSITION: AGENDA ITEM # Revised 7/09 1IftADJ) Of! CDUtn'Y CQMIn_'GIIERS Mayor Sylvia J. M\Ifllhv. 0I5trict 5 Mayor Pro lllm Heather C8r'N:herS, OIsbict 3 Kim WigIngtOn, DIstJ1d: 1 George Neugent,. District 2 Marlo Di Gennaro, District " O~~~2!!~E (3lI512Q4...C641 BUILDING DEPARTMENT RECEIPT DATE STAMP Affordable Housing Application for Waiver of Building Permit Fees Dale April 6. 2010 Land Owner Habi ta t for Humani ty of the Upper Keys. Inc. Owner Agent Solaria Design & Consulting Co. (Joel Reed) E-mail joel@solariadesign.com Telepbone Number(s) 305.852.4852 SOI(C)(3)@ NO (circleooe) Inc. Type of construction- ~ Renovation RE N~ 00521570-000000 Haoitat for Humanity of the Upper Keys. Address PO BOX 2151 Key Largo. FL 33037 Project Name: Project Address: (auach additional sheet to include all addresses within project for which permit fee waivers are being r~ed: Block 1. Lot 5 Harbor Shores (No Address due to it being an undeveloped lot) Type of Project: Affordable to: SOOA. median income - SOOA. median income ~ 160% median income (circlecme) ~ Harbor Shores SFR Total number of units to be on site 1 Number of units previously developed on site None Number of additional units to be developed N/A Number of unit waivers sought 1 Estimate of fees to be waived per lIDil $6.000 construction of New 1350 squa,..e foot ~bed. 2 b."';, PLEASE AITACH A DETAILED SCOPE OF WORK FOR THE PROJECT. Single f"amily Resldence IF nns IS ARENOVATION PROJECT, OR OTHER IMPROVEMENrS ARE BEING MADE IN ADDmON TO UNIT CONSTRUCTION, AITACH A SEPARATE LIST OF ITEMS FOR WHICH PERMIT FEES ARE REQUESTED TO BE WAIVED AND TIlE AMOUNT OF THE FEES. TOTAL ESTIMATED AMOUNT OF FEES TO BE W AIV~ $6.000.00 ~-(/~(. 4/ Title : ( Agent OMS approval Date 180 Fund reimbursement source County Attorney approva1 County Administralor approval Date Dale BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 21. 2010 Division: Growth Management Bulk Item: Yes ~ No Department: Planning and Environmental Resources Staff Contact PersonlPhone #: Christine Hurley, Ext. #2517 AGENDA ITEM WORDING: Approval of a resolution correcting a scrivener's error which incorrectly designated a portion of the 12-acre Seacamp property as Tier I instead of Tier III, and complying with the direction in Resolution No. 562-2003 passed by the Monroe County Board of County Commissioners on December 17, 2003. ITEM BACKGROUND: On December 17, 2003, the Monroe County Board of County Commissioners approved Resolution No. 562-2003, which adopted the Liveable CommuniKeys Master Plan for Big Pine Key and No Name Key and directed staff to "change the Tier designation of the property known as Seacamp from Tier I to Tier III on the map on Page 28." It was brought to staffs attention by Sandra Walters, on behalf of Sea Camp Association, Inc., that a portion of the Seacamp property is presently designated Tier I on Monroe County's Tier Map and GIS mapping system. The proposed resolution will correct the Tier designation for Seacamp in accordance with Resolution No. 562-2003 for the Liveable CommuniKeys Master Plan for Big Pine Key and No Name Key, and the Tier Overlay Map. PREVIOUS RELEVANT BOCC ACTION: On December 17, 2003, the BOCC approved Resolution No. 562-2003 which adopted the Liveable CommuniKeys Master Plan for Big Pine Key and No Name Key and directed staff to make the necessary map amendment to designate the Seacamp Property in Big Pine Key as Tier III. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: o INDIRECT COST: 0 -- BUDGETED: Yes _No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes AMOUNTPERMONTH_ Year No APPROVED BY: County Atty ~ OMBIPurchasing _ Risk Management _ DOCUMENTA TION: Included x Not Required_ DISPOSITION: AGENDA ITEM # Revised 7/09 RESOLUTION NO. -2010 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY SEA CAMP ASSOCIATION, INC. TO ADDRESS A SCRIVENER'S ERROR BY AMENDING THE TIER MAP ON PAGE 28 OF THE LIVABLE COMMUNIKEYS MASTER PLAN FOR BIG PINE KEY AND NO NAME KEY AND THE TIER MAP OVERLAY DESIGNATION FROM TIER I TO TIER III FOR PROPERTY LOCATED ON BIG PINE KEY, HAVING REAL EST ATE NUMBERS 00246950-000000, 00246960-000000, 00246970-000000, 00246980-000000, 00246990-000000, 00247140-000000, 00247150-000000, 00247160-000000, 00247170-000000, 00247180-000000; PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, on December 17, 2003, the Monroe County Board of County Commissioners approved Resolution No. 562-2003, which adopted the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key and directed staff to make the necessary written change to re-designate the Seacamp Property on Big Pine Key as Tier III; and WHEREAS, it was brought to staffs attention by Sandra Walters, on behalf of Seacamp Association, Inc., that a portion of the Seacamp Property on Big Pine Key is presently designated Tier I on Monroe County's Tier Map and GIS mapping system, specifically, parcels having Real Estate Numbers 00246950-000000, 00246960-000000, 00246970-000000, 00246980-000000, 00246990-000000,00247140-000000, 00247150-000000, 00247160-000000, 00247170-000000, 00247180-000000 (Seacamp); and WHEREAS, based upon the information and documentation submitted, the Monroe County Board of County Commissioners makes the following Findings of Fact and Conclusions of Law: 1. Based upon the minutes of the BOCC meeting of December 17, 2003 and direction to staff, the Tier Map for Seacamp, located on page 28 of the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key, was not changed as directed. 2. The current Tier Map designation for Seacamp as Tier I, which has remained on the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key, is a scrivener's error. 3. The Tier Overlay Maps are part of the Monroe County Land Development Code, and Seacamp is erroneously shown as Tier 1 on the Maps. 4. Section 102-1 58(e) of the Monroe County Code, states that amendments to the text of the Monroe County Land Development Code to correct typographical or drafting errors may be adopted by the Board of County Commissioners without posted notice or public hearing at any regular meeting and notice of such amendments shall be transmitted to the Florida Department of Community Affairs within 30 days. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Section 2. Section 3. Section 4. The Seacamp property which is currently designated Tier I on the Tier Mapping System, having real estate numbers 00246950-000000, 00246960-000000, 00246970-000000, 00246980-000000, 00246990-000000, 00247140-000000, 00247150-000000, 00247160-000000, 00247170-000000, and 00247180- 000000, is designated Tier III as shown on the attached map, which is hereby incorporated by reference as Exhibit I. The Seacamp property which is shown on page 28 of the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key with Real Estate parcel numbers listed above is designated Tier III as shown on the attached map, which is herby incorporated by reference as Exhibit 2. If any section, subsection, sentence, clause, item, change, or provision of this resolution is held invalid, the remainder of this resolution shall not be affected by such validity. This resolution shall be transmitted by the Planning Director to the Department of Community Affairs. PASSED AND ADOPTED By the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21st day of April, 2010. (SEAL) Mayor Sylvia Murphy Mayor Pro Tern Heather Carruthers Commissioner Kim Wigington Commissioner Mario Di Gennaro Commissioner George Neugent BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Sylvia Murphy ATTEST: DANNY L. KOLHAGE, CLERK -20101 I Exhibit 1 to Resolution# 247160 //""'" 247150 \.'......., ". 247140 \".. /'--......-..-..___ ..........---.._-_.......... ;i II '-....--,. --- C-" '-. --..--.. upo--..---_ I ./ " --... IV b .-. ,I , '-.' ----.,. ~D --.....--.. I I ", '" . ---.... - ,I .I -.... '- / ------v / '. \.. I --. I , ''- ../" .\,., // '-"'-" j J '" ..........~/ ;1 / ....... /....... '\ '. .' ,I " /.. '-'y..,......, '\" ",. / / x"~ /1".............. -..... '''''-'' ,~/ 1/...." ""',< / .... ,_ / ''', "''', ", I -' "'- / .'-....( ~ ".... '......../f ,/.......... "\. ;' .", '- /, \" / /" '- //.....,-", -----......" \.',. .// "-'" )-,./ /<, ''-, "',. / ^', , ....< 'y // ", "\.., / ........ .....",. ,,/'" /" ..\.... ''', '\. <, ',,- \, /' / "\. ....., ", , '.... ''\", "y /...... '\. "\., 'y" , .....,..", ' '-.'....... ", / .,/ "\, ',,- .'-.... // ". '.... ,,// /"'-\, " " /y '" ". """// // "" "'- '-\/" .'-..... ". // / \'''' " "'\. // ...." ""\.. /. ,/,\ '" " /' //'\'-....\ ">1 /< ""''''- "'-." >,/'" " //~ / \ , 'y/ ~,/(~~~/A"........ '"'''' "'\. / .> ~0 // ......" '............ '\',. )' /...- ^ " " ,.,.-" /-...... .... " / ,/ ,.,.... "'-. ...... .// ..".... '", ./"",y ~ /~46950 ,.-,., ......' {/ // I / / / /// .,// ..// / / / ~./ '----/ y-_...'.... 2469...9{)' ,,...../- /~../ / ./ ~--- ........~'" 246960 246970 24698'0" , '-"> '. ,,-,"'\.. / ...., // /...:>....,// /... ~ /...... ,...... .... "'.r..../... ......./ ././0/ ->............ ............./......- The Monroe County Tier Overlay District Map is amended as indicated above. Proposal: Tier Overlay District Map change from Tier I to Tier III for RE Numbers 00246950-000000, 00246960-000000, 00246970-000000, 00246980-000000,00246990-000000, 00247140-000000, 00247150-000000, 00247160-000000, 00247170-000000 and 00247180-000000 N A EXHIBIT 2 LiwII* ~ Mater PIIIIIjtJr BIg PIlle Kq tI1I4 No NtlIIUI K., August 2004 , tt1 Uveabte C""""'n\J(eys Vtogtam Big Pine Key and No Name Key TIer Map , TIER DESIGNATION IS AMENDED FROM TIER I TO TIER III FOR REAL ESTATE NUMBERS 00246950-0??oo0, 00246960- 00??oo, 00246970~OO, 00246980..000000, 00246990- 000000,0024714~00000, 00247150-000000, 00247160-000000, 00247170-000000, 00147180-000000 t >> ~."...~ '< + Legend _ TI8I' 1 D T18r2 _ TIer 3 . Mamoe Couatv PlaaDill8l11ll1 ElniroDm-J btource8 DepIrtmcId .._...._~---..-- ... ".................,.......~................... ~~- ,...,............~..-.-_. - Figure 211ier desigaations on Big Pine Key IIIId No Name Key. LIIIId Use and Redevelopment Element 28 RESOLUTION NUMBER 562 -2003 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS APPROVING mE LIVABLE COMMUNlKEYS MASTER PLAN FOR BIG PINE KEY AND NO NAME KEY AS THE POLICY DOCUMENT TO DIRECT GROWTH AND DEVELOPMENT OF BIG PINE KEY AND NO NAME KEY. WHEREAS, Policy 101.20.1 of the Year 2010 Comprehensive Plan directs Momoe County to develop a series of Community Master Plans which shall include specific criteria, including close coordination with other community plans ongoing in the same area; and WHEREAS, the Momoe County Year 2010 Comprehensive Plan Objective 101.20 outlines the Livable CommuniKeys as a planning program which is to address community needs while balancing the needs of all of Momoe County; and WHEREAS, Big Pine Key has had a moratorium on all traffic generating development since March 13, 1995 due to an inadequate level of service (LOS) on the Big Pine segment of U.S. 1 which did not meet the concurrency requirements set forth in Policy 301.1.2 of the Year 2010 Comprehensive Plan; and WHEREAS, Road improvements must be made in order to improve the LOS on Big Pine Key, however the US Fish and Wildlife Service (USFWS) requires a Habitat Conservation Plan (HCP) to be completed to show that any development must minimize impacts to the endangered species before any further development may be permitted; and WHEREAS, on October 26, 1998, the U.S. Fish and Wildlife Service (USFWS), Florida Game and Fish Commission, the Florida Department of Community Affairs (FDAC), Florida Department of Transportation and Monroe County entered into a Memorandum of Agreement for the development of a Habitat Conservation Plan (HCP) for Big Pine and No Name Keys; and WHEREAS, the HCP is a mechanism whereby the concerns and responsibilities of the various public agencies with regard to the conservation of the Key Deer and other covered species, and public and private development of Big Pine and No Name Keys can be coordinated; and WHEREAS, both the HCP and the LCP have been developed in conjunction with one another to balance the amount and type of development the community desired, and the subsequent level of 'take' of endangered species which may be necessary to accomplish the development; and WHEREAS, in order to obtain an assessment of community needs, three public workshops for the Livable CommuniKeys Program (LCP) were held on April 6, 2000; May 25, Page 1 of3 2000; and September 21 It, 2000 on Big Pine and an additional three public workshops were held for the HCP; and WHEREAS, as a result of public input from the LCP workshops, the Development Alternatives Report (OAR) was produced on March 6, 2001 which outlined preferred development options to be considered in the master plan which reflect input received from the community workshops and were analyzed in the HCP computer model to detennine impacts on the endangered species; and WHEREAS, the HCP was approved for submittal to the USFWS by the Board of County Commissioners at the regularly scheduled meeting on March 19,2003; and WHEREAS, the LCP implements the HCP as well as provides for the development needs of the community; and WHEREAS, the Livable CommuniKeys Master Plan, Draft One was reviewed during a regularly scheduled meeting of the Development Review Committee held on May 20, 2003, where public comment was received; and WHEREAS, during a regularly scheduled meeting on June 11,2003, the Monroe County Planning Commission reviewed the Livable Communi Keys Master Plan, Draft Two, which consisted of edits by staff to clarify language in the plan, heard public input, suggested changes based on public input and staff recommendations and continued the plan to the next meeting in Marathon; and WHEREAS, during a regularly scheduled meeting on July 9,2003, the Monroe County Planning Commission reviewed the Livable CommuniKeys Master Plan, Draft Two, discussed proposed changes based on further community input and staff recommendations and continued the plan to the next meeting in Marathon for further consideration; and WHEREAS, during a regularly scheduled meeting on September 10, 2003, the Monroe County Planning Commission reviewed the Livable CommuniKeys Master Plan, Draft Three, accepted the proposed changes from the previous meeting and suggestions from public input and recommended further changes by staff; and WHEREAS, during the September meeting the Planning Commission recommended approval, with amendments, to the Board of County Commissioners; and WHEREAS, the Livable CommuniKeys Master Plan contains recommendations to amend the Future Land Use and Land Use District maps for Big Pine Key and No Name Key which will be presented to the Commission at a subsequent hearing; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding findings support their decision to recommend APPROVAL to adopt the Livable CommuniKeys Master Plan for Big Pine and No Page 2 of3 Name Key, Draft Four, as the working regulatory document to direct growth and development on the islands with the following amendments and direct staff to make the changes to the Monroe COWlty Year 2010 Comprehensive Plan and Land Development Regulations as recommended in the Master Plan: 1. Change the Tier designation of the property known as Seacamp from Tier I to Tier 1lI on the map on page 28. 2. Amend Action Item 8.1.1 c. on page 58 to read as follows: "Permit new fences on developed canal lots and vacant canal lots that are contiguous to and serve a principal use within Tier n and Tier ill and within Port Pine Heights and Kyle Dyer Subdivisions. All fences shall be designed to meet adopted fence design guidelines for the planning area already contained in the land development regulations." 3. Add Action Item 12.2.4 which shall read "Prohibit new formula retail businesses and restaurants in the planning area through the development of Land Development Regulations. " PASSED AND ADOPTED By the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 1 fh day of December, 2003. ..l ~." Cl 0 ~ - :r l> (... r- %~.,a: :Do ", ~~=< :z: C n' r- ""1 on. N 0 ~~o :z- ;0 -1nr- _ :::J ;< :-, =: ... fTl ~ r: S.. l"-) r-.. -' .,... ,., 0 "J \D Mayor Murray Nelson Mayor Pro Tern David P. Rice Commissioner George Neugent Commissioner Dixie Spehar . Commissioner Charles "Sonny' McCoy .n.L-. ~ yes yes ~ -, }. '. (S~ BOARD OF COUNTY COMMISSIONERS OF MO~~~O~JY'#VL A '" 'J Ll.u. /7? By 7~ Mayor MONROE COUNTY ATIORNEY POT FORM: Page 3 of3 12/17/03 2003/303 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, December 17, 2003 Marathon, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., on the above date at the Marathon Government Center. Present and answering to roll call were Commissioner Charles "Sonny" McCoy, Commissioner George Neugent, Commissioner David P. Rice, COmmissioner Dixie Spehar, and Mayor Murray E. Nelson. Also present were Danny L. Kolhage, Clerk; Isabel C. DeSantis, Deputy Clerk; James Roberts, County Administrator; Richard Collins, County Attorney; County Statf, members of the press and radio; and the general public. All stood for the Invocation and Pledge of Allegiance. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval of the Additions, COlTections, and Deletions to the Agenda. Motion carried unanimously. MONROE COUNTY BEALm DEPARTMENT Motion was made by Commissioner Spehar and seconded by COmmissioner McCoy granting approval for the selection of Dr. Susana May as the Monroe County Health Department Director, replacing Dr. Rutherford who resigned from the position in August 2003. Motion carried unanimously. PRESENTA nON OF A WARDS The Board congratulated and recognized Dr. Susana May, MD, MPH as the new Health Department Director. The Board presented COmmissioner Spehar with a plaque for her service a Mayor. BULK APPROVALS Motion was made by COmmissioner McCoy and seconded by COmmissioner Neugent granting approval of the following items by unanimous consent: 12/17/03 2003/321 the rights of the holders of said bonds; and providing for an effective date for this Ordinance. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner McCoy to adopt the following Ordinance. Roll call vote was unanimous. ORDINANCE NO. 045-2003 Said Ordinance is incorporated herein by reference. A Public Hearing was held concerning adoption of a Resolution approving the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key as the policy document to direct growth and development of Big Pine Key and No Name Key. The Board also discussed Commissioner Neugent's item for approval to designate the Sea Camp Property in Big Pine Key as Tier m. Planning Director Marlene Conaway addressed the Board. The Board accepted public input with the following individuals addressing the Board: General Counsel Earl Gallop, representing Sea Camp Association, Inc.; Sandra Walters, Bill Lowey, Hazel Hartman, Wheeler, Bill Lowey, and Jim Cameron, Katie Lyons, and Kathryn Wheeler. The Clerk entered into the record a letter from Carol Fisher, representing the Lower Keys Chamber ofCommercelSea Camp. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to approve the following: - - --- - - -R:esolutiofi approving the LlvabJe Communikeys"MasterPlan for"Big-PmeKey and No - Name Key, as the Policy Document to direct growth and development of Big Pine Key and No Name Key. RESOLUTION NO. 562-2003 Said Resolution is incorporated herein by reference. - Amendments to Draft Four of the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key, as follows: Strategy 8.1 Page 58, Action Item 8.1.1: Regulate new fences as foJlows: c. Permit new fences on developed canal lots and vacant unallots that are contiguous to and serve a principal use within Tier I and Tier m and within Port Pine Heights and Kyle-Dyer Subdivisions. All fences shall be designed to meet adopted fence design guidelines for the planning area already contained in the land development regulations. Strategy 12.2tPage 74, Develop a Corridor Enhancement Plan for the U.S. 1 Corridor Area. Action Item 12.2.4: Prohibit new formula retail businesses and restaurants in the planning area through development of land development regulations. Page 75 12/17/03 2003/322 Action Item 12.2.4~: Coordinate with land owners, including the U.S. Fish and Wildlife Service, to explore opportunities for restoration and incorporation of remaining native habitat into the corridor design including purchases, removal of fences, removal of exotics, open space design, historical features and educational materials. Action Item 12.2.~: Prohibit new industrial uses on U.S. 1 within the planning area in order to enhance the community character of the U. S. 1 Corridor Area. Direction to Staff to make the necessary map amendment to re-designate the Sea Camp Property in Big Pine Key as Tier m. Roll call vote was unanimous. A Public Hearing was held to consider adoption of an Ordinance approving the request filed by the Monroe County Planning Department to amend Section 9.5-124 of the Monroe County Code, (NROGO) by adding a definition for "covered walkways"; adding regulations for covered outdoor non-residential floor area; prohibiting NROGO exemptions for not-for-profit development within areas proposed for acquisition by governmental agencies for the purpose of resource protection; modifying impact fees for non-residential floor area; providing for repeal of - - -- --- all Ori:tinances incOnsistent lierewfth;'proVidiitg for mcorporatfon1nto the Moni'oe'County Code- of Ordinances; and providing for an effective date. The Board accepted public input with the following individual addressing the Board: Sandra Walters. Mr. McGarry also addressed the Board. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the following Ordinance. Motion carried unanimously. ORDINANCE NO. 046-2003 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance approving a request of the Monroe County Planning Department to amend Section 9.5-266 (Affordable and Employee Housing); of the Land Development Regulations, allowing Market Rate Housing to be eligible to receive points as intin development under section 9.5-122.3(a)(I); providing for repeal ofall Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing for an effective date. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Rice to adopt the fonowing Ordinance. Motion carried unanimously. ORDINANCE NO. 047-2003 Said Ordinance is incorporated herein by reference. A Public Hearing was held to consider adoption of an Ordinance to consider annamendment to Section 9. 5-4 (Definitions) of the Land Development Regulations by adding definitions for Coastal Barrier Resources Systems and Conservation Land Protection Areas; Providing for repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing for an effective date. There was no public 12/17/03 2003/324 There being no further business, the meeting of the Board of County Commissioners was adjourned. Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Monroe County, Florida Jha.t~~ t1. ~)/~ Isabel C. DeSantis, Deputy Clerk October 7, 2009 Aanning J=.col~1 Lnvironmental CommunIcations CONSUL TING5ERVlCes MEMORANDUM TO: Townsley Schwab, Senior Director Kathy Grasser, Comprehensive Planner Monroe County Planning & Environmental Resources Department FROM: Sandy Walters President, SWC SUBJECT: Correction to tier designation of Seacamp property, Big Pine Key Seacamp is an IRS 501(c)(3) not-for-profit organization that provides marine education for children in summer camp and school season science class programs. Programs of this valuable institution have informed well over 700,000 students concerning the marine habitats that surround the Florida Keys and have provided thousands of scholarships to Monroe County residents worth close to half a million dollars. Seacamp was established in the 1960s on 12 acres of mostly-scarified land at the extreme southernmost tip of Big Pine Key, at the end of Big Pine Avenue. The facility, which redeveloped a former 1960s motel and marina, now consists of four, two-story dormitories, an administrative building, classroom and office modulars, dining hall and kitchen, laboratory, maintenance area, marina, swim canal, parking area, and ancillary facilities and storage. Seacamp participated actively in the development of both the Habitat Conservation Plan (RCP) and Livable Communikeys Plan (LCP) for Big Pine Key, and fully supports efforts to provide long-tenn protection to the unique and sensitive environmental resources of the Florida Keys. Upon final adoption by the Monroe County Board of County Commissioners (BOCC) of the LCP and associated Comprehensive Plan and Land Development Regulation (LDR) amendments, the Seacamp property was specifically addressed and designated as Tier III. Last year, Leigh Williams with Seacamp asked a staff person in the Planning Department to provide information regarding the tier designations of the Seacamp property, to include in Seacamp's files. She was FAX'd a list showed part of the property designated as Tier 3 and part as Tier 1. As this is clearly inconsistent with the direction of the BOCC at the final adoption hearing, Seacamp began investigating and requested SWC to assist In short, we believe that these differing designations were probably the result of a staff error in looking up the appropriate RE numbers of the lots that comprise Seacamp, and we are asking that this error-which could certainly be considered a scrivener's error-be corrected. The following summarizes the information received from the County, the attached documentation of the full group of RE numbers that comprise the Seacamp facility, the BOCC GENERAl EMAIL SWC@SWCINC.NET · WEBSITE WWW.swCINC NET MAIN OFACE: 6410 FtFTH STREET, SUITE 3. KEY WEST, FL33040. PH 305-294-1238 . FAX 305-294-2164 SE FLORIDA: 10311ves DAIRY ROAD. SUITE 228, MIAMI, Fl 33179. PH 305-651-7061 . FAX 305-651-5732 SW FLORIDA: 4790 ClEVELAND AVENUE, SUITE 2102. Fr. MyERS, Fl 33907. PH 239-985-9762. FAX 239-985-9763 iItt TOWNSLEY SCHwAB, OCToBER 7, 2009, PAGE 2 decision to designate Seacamp as Tier 3, and the research conducted by Seacamp during the final stages of the LCP process and docmnentation provided to planning staff and the BOCC. Information from County The first attachment is a swnmary of lots and the tier designations and H values relevant to the Seacamp facility provided by County staff to Seacamp by FAX on March 25, 2008. The FAX itself could be somewhat confusing as additional parcels owned by Seacamp but not contiguous to the Seacamp facility are included, so I will bring the FAX to our meeting for reference only. The entire matter we are bringing to you now concerns only the Seacamp facility at the south end of Big Pine Avenue. Seacamp Property The second attachment to this memo consists an enlarged area of Land Use District Map 359 showing the Seacamp property annotated with the RE numbers, along with the entire map. Included also are the property record cards for all the parcels comprising the full 12.acre Seacamp site. This clearly shows the contiguous nature of the lots. Also note that the land use district for all Seacamp parcels is MU, and the dividing line with the adjacent land use district of IS.M is at the northern edge of the contiguous Seacamp property. Included also with this attachment is a color aerial photograph of the subject property, for reference. DOCC Decision The third attachment to this memo consists of the minutes from the December 2003 BOCC adoption hearing regarding the Big Pine and No Name Key Livable Communikeys Plan and associated tier designations. Yellow highlights show that it was decided by unanimous vote of the BOCC to amend the plan to designate the Seacamp property as Tier 3. Also included are two news articles reporting on the BOCC action, both of which described the amendment to change Seacamp to Tier 3. Seacamp Research and Documentation The last attachment includes the following items: > A memorandum addressed to the Mayor dated November 20, 2003 from Seacamp General Counsel Earl Gallop and Planning Consultant Sandra Walters presenting research conducted on the issue and including specific items from the HCP and draft LCP supporting recommendations for LCP changes, most specifically the correction of the Seacamp property to Tier 1. Please note Attachment C in this item is an aerial photograph of the property showing the northern property boundary. > A package presented to the entire BOCC dated December 16, 2009 presenting some of the same information as previously but also including additional information comparing the Seacamp site to two other comparable institutional land uses on Big Pine Key-the Mariners property and the Catholic Church, both of which were proposed in the LCP draft at that time to be designated Tier 3. The comparison finds that the Seacamp location is less likely to affect the listed species that are the subject of the HCP than the other two, and the only difference is that the Seacamp is not in the US 1 corridor, which is not a decisive factor. > A memorandum swnmarizing a December 16, 2003 telephone conference held with Dr. Ricardo Calvo, who was the consultant in charge of developing the HCP. Dr. Calvo noted ~ TOWNSLEY SCHwAB, OCToBER 7,2009, PAGE 3 that correcting the tier designation of Seacamp in the LCP would have no effect at all on the HCP, and stated specifically that, "We wouldn't have to change one line of text in the HCP." Conclusion and Request for Correction We feel all the information provided clearly shows that the entire Seacamp facility (12 acres) at the south end of Big Pine Avenue should be designated Tier 3, and request that County planning staff correct this as a scriveners error and change all County records to show all the subject lots as Tier 3. If you have any questions and/or comments please contact me at (305) 294-1238, or electronically at Sandv@swcinc.net Cc: Irene Hooper, Seacamp Association, Inc. Tiers and H-Values of Seacamp Association, Inc. Contiguous Lots per Monroe County Environmental Dept. 3/25/08 NOTE: ALL OF THESE CONTIGUOUS LOTS SHOULD BE IN TIER 3, ACCORDING TO 5-0 VOTE OF MONROE COUNTY COMMISSION. RE/Parcel LCP Tier: H-Value 1.0. # Alt. Key # Subdivision Block Lot(s) 1-2-3 246950 - 000000 1316610 Piney Point E 16 1 .003 246960 - 000000 1316628 Piney Point E 17 1 .0044 246970 - 000000 1316636 Piney Point E 18 1 .0032 246980 - 000000 1316644 Piney Point E 19 1 .0023 246990 - 000000 1316652 Piney Point E 20 1 0024 247000 - E21-28 000000 1316661 Piney Point E&F & F1-7 3 .008 247140 - 000000 1316806 Piney Point F 8 1 .0031 247150 - 000000 1316814 Piney Point F 9 1 .0023 247160 - 000000 1316822 Piney Point F 10 1 .0014 247170 - 000000 1316831 Piney Point F 11 1 .0017 247180 - 000000 1316849 Piney Point F 12 1 .0012 NOTE: THIS PROPERTY DID NOT APPEAR ON THE LIST FROM THE COUNTY BUT IS LAND OWNED BY SEACAMP RUNNING BETWEEN BLOCKS E AND F, BETWEEN LOTS 8-9-'10-11-12 AND LOTS 16-17-18-19-20. 00000964- 000000 8506970 E-F Abandoned Road ? ? C:PropertyRecordsfTiers/2008Tiers-HvalueForSandy , ," " ," , " ," ,," ," , " " ~ I I I I I / I I I I I I I / I I /-..... I '.... I ........ / '.... I ........ / BWCKF ...." I RE # 00247180-000000 , / , I RE # 00247170-000000 , I , I I I I RE # I I , I / I / Rest of Seacamp Property/ I RE # 00247000-000000 I I I , I I I I I I I I I I I. I : I . c.. .... " ........ .... .... .... " " " " " RE OMU MA TCH TO 360 LEQEtIg . ACCC ""'AI OF CRITIC"I. CQU'fTY CONCERN ~ AIAPOAT CO COHSIItVATIOH DISTRICTS O:A COt.04lACI~ FI>>t1NO NlEA arID COI4llAel~ FISHIHO "CI~ DIITRJcts cs:v CO......RCIN. FISHINO VILLAQIi - OFI OEITIHATlON RliSOAT r III t.IF hi! loIN W NA O' I'A lNOUaTAI..... IIoIPAOYEO IUIOIVIIION IoIII.IT NlY FACIl.ITII.!I WNtITlIoII UQJITRIEI lolA/NI.NlD NATIW NlIA IoIIXI!D val HA TIW NlEA. OFF~OA& ISl.ANO Nil.... PAAX NlO A&P.)QE MeA I I I '-. I ...-....... , , '- -- -- ...- .. . . 1 , , , " , " " " , " y" ,," ", " \ ,. ,,," ". ., ,. , , , ',,- BLOCK E , RE # 00246950-000000 , , RE # 00246960-000000 RE # 00246970-000000 RE # 00246980-000000 RE # 00246990-000000 AY sc .. IRL ,. UC lJR ~ MOleA TIONAL. \/IHIQ.I ... UA8,IH COt.OAEACl..... ... lJR8AN RUIDOITI..... ... ""IAN AI!'lDliNTl"'- UMIT1D .Nlaa. y .,-n,m LflBAN COr.MACIIoL !JAB,IH AElIOINTIAL. LJR8,IH AIaIOIHTIAL. W08l&.E HOWl M B.... IMPS NlE uae DISTRICT BOUHI: NA 11:s SHOu.o Ill! v 'floE. MAPS ARli IN" ,. POINT OR PIA l\lR ON TMI 4ANI ).WI. 81 AC.-oHSlILI FOil TH& lHFOAWATION C INCClAPOItATEO INTO BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 21. 2010 Division: Growth Management Division Bulk Item: Yes -X- No Department: Planning & Environmental Resources Dept. Staff Contact PersonlPhone #: Christine Hurlev. AICP Growth Management Director (305) 289-2500 AGENDA ITEM WORDING: Request for approval for Mayor Sylvia J. Murphy, BOCC, to sign the Public School Facilities Element County Waiver Application Form to waive adoption of the public school facilities element and implementation of school concurrency for Monroe County and its municipalities ITEM BACKGROUND: Subsection 163.3177(12), Florida Statutes, authorizes the Department of Community Affairs to provide a waiver to a county and to the municipalities within the county if (a) the capacity rate for all the schools within the school district is not greater than 100 percent, and (b) the projected 5-year capital outlay full-time equivalent student growth rate is less than 10 percent. The data analyzed in The Monroe County School District's Work Plan 2009- 2010 capacity rate does not exceed 100 percent and the projected 5-year capital outlay full-time equivalent student growth rate is 0.12%. The 2007 Public School Facilities Element County Waiver expires May 1, 2010. The Public School Facilities Element County Waiver Application Form from DCA requires signature by the Mayor. The signed application will be sent to DCA. PREVIOUS RELEVANT BOCC ACTION: September 19, 2007 - The BOCC Mayor signed the Public School Facilities Element County Waiver Application Form CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes _No 2L- DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No ----X- AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management_ DOCUMENTATION: Included ---X...- Not Required_ DISPOSITION: AGENDA ITEM # MEMORANDUM MONROE COUNTY GROWTH MANAGEMENT DIVISION We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Christine Hurley, AICP Director of Growth Management Date: March 31, 2010 RE: School Facility Concurrency Waiver This intent of this memo is to request the approval for Mayor Sylvia J. Murphy, BOCC, to sign the Public School Facilities Element County Waiver Application Form to waive adoption of the public school facilities element and implementation of school concurrency for Monroe County and its municipalities. The 2007 Public School Facilities Element County Waiver expires May 1, 2010. Pursuant to Florida Statutes Sections 163.3177 (6)(h) 2 and 163.31777, if the local government has failed to adopt the public school facility element and enter into an approved interlocal agreement, amendments which increase residential density may not be adopted. However, Subsection 163.3177(12), Florida Statutes, authorizes the Department of Community Affairs (DCA) to provide a waiver to Monroe County and its municipalities if (A) the capacity rate for all the schools within the school district is no greater than 100 percent, and (B) the projected 5-year capital outlay full-time equivalent student growth rate is less than 10 percent. The capacity rate does not exceed 100 percent and the projected 5-year capital outlay full-time equivalent student growth rate is .012 percent as show in the attached waiver. In order for Monroe County to fulfill its requirements of this subsection, we are requesting to the Department of Community Affairs to waive adoption of a public school facilities element and implementation of school concurrency from the municipalities. The Public School Facilities Element County Waiver Application Form from DCA requires signature by the Mayor. The application form is attached for the Mayor's signature. The signed application will be sent to DCA. I I _ '_ . I' . Public School Facilities Element County Waiver Application Form This waiver application is for Monroe County. The following municipalities are included: 1. Islamorada 2. Key Colony Beach 3. Key West 4. Layton 5. Marathon Section 163.3177, Florida Statutes, requires each county and each municipality within the county to adopt a public school facilities element, unless eligible for a waiver or exemption. PART I Subsection 163.3177(12), Florida Statutes, authorizes the Department of Community Affairs to provide a waiver to a county and to the municipalities within the county if (A) the capacity rate for the all schools within the school district is no greater than 100 percent, and (B) the projected 5-year capital outlay full-time equivalent student growth rate is less than 10 percent. 1. Please complete Table A below using your data from the Florida Inventory of School Houses (FISH). Be sure to include ALL public schools within the school district. ACTUAL ACTUAL ACTUAL 2009-2010 2009-2010 ACTUAL AVERAGE 200-201 0 NEW ROOMS PROJECTED PROJECTED PROJECTED SATlS STU. FISH 2008-2009 /I CLASS 2009-2010 UTlLlZATI NEW STU. TO BE ADDED I 2013-2014 2013-2014 2013-2014 LOCATION STA CAPACITY COFTE ROOMS CLASS SIZE ON CAPACITY REMOVED COFTE UTILIZATION CLASS SIZE CORAL SHORES SENIOR HIGH 1,155 982 751 52 14 76% - - 704 n% 14 HAftftlS 1192 114 ELEMENTARY 192 - 14 - 0% - 0% - KEY WEST SENIOR HIGH 1508 1,433 1362 62 22 95% - - 1,279 89% 21 HORACE O'BRYANT 1154 1,039 893 51 14 87% - - 646 62% 13 MARATHON SENIOR HIGH 1523 1371 822 65 10 45% - - 579 42% 19 MAY SANDS SCHOOLS 30 30 24 2 12 81% - 20 67% 10 GLYNN ARCHER ELEMENTARY 580 580 246 30 8 42% - - 436 75% 15 POINCIANA ELEMENTARY 641 641 589 34 17 92% - - 583 91% 17 SlG5111!1: 1522 127 ELEMENTARY 522 522 230 27 9 44% - 0% - SUGARLOAF ELEMENTARY 1350 1215 750 82 12 62% - - 699 58% 11 STANLEY SWITUK ELEMENTARY 871 871 458 45 10 53% - - 427 49% 9 KEY LARGO SCHOOL 1363 1,245 908 87 14 73% - - 852 68% 13 GERALD ADAMS 649 649 445 34 13 69% - - 417 64% 12 PLANTATION KEY SCHOOL n3 651 468 35 13 72% - 436 87% 12 VACANT - - - - - 0% - - - 0% - 12,281 11,229 7,545 580 12 67.19% 714 41 7078 87.31% 13 Table A. Public School Capacity Rates. 2. Is the projected 5-year capital outlay full-time equivalent student growth rate less than 10 percent? Attach the documentation [X] Yes. The growth rate is -0.12%. Stop here for Part I. (projected Utilization 2009-201067.19% - Projected Utilization 2013-201467.31%= - 0.12%) [ ] No. The growth rate is _%. Go to 3. 3. Is the 10-year capital outlay full-time equivalent less than 2,000 students? Attach the documentation. (N/A) [ ] Yes, the COFTE is [ ] No, the COFTE is students. Go to 4. students. Stop here for Part I. 4. Does the capacity rate for all schools within the school district in the tenth year not exceed the 100% limitation? Attach the documentation. (N/A) [ ] Yes [ ] No PART II In accordance with subsection 163.3177(12)(a), Florida Statutes, the Department of Community Affairs may allow for a single school to exceed the 100-percent limitation if it can be demonstrated that the capacity rate for that single school is not greater than 105 percent. T able B. SineJe school within school district with ca )acity rate between 100-105%. School Name School Capacity Current Capacity Rate (Actual FISH Enrollment (Actual Capacity) (Actual Utilization %) COFTE) None The Department of Community Affairs must also consider the following criteria: 1. For the single school exceeding the 100 percent capacity rate listed in Table B above, please explain how and when the capacity issue will be resolved: 2. Please explain whether the projected 5-year capital outlay full-time equivalent student growth rate for the school district is approaching the 10-percent threshold: 3. Please explain whether one or more additional schools within the school district are at or approaching the 100-percent threshold for school capacity rate: 4. Please attach any supporting data that may be used by the Department of Community Affairs for determining the adequacy of this waiver request. Please fmd attached the Monroe County School District 2009-2010 Work Plan. The above request to waive adoption of a public school facilities element and implementation of school concurrency is approved by the following agencies, and we hereby certify that the affected municipalities have been notified and afforded an opportunity to comment and/or object. Any comments/objections are attached. -}'1"-~ -~ E '" ~' ' 1. Signature District School Board Chair March 24. 2010 Date 2. County Commission Chair Date Signature Please submit the completed application to: Mr. Mike McDaniel Division of Community Planning FL Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 .PUBLIC SCHOOL FACILITIES ELEMENT WAIVER APPLICATION FORM Mr. Jim Scholl, City Manager City of Key West 525 Angela Street, 2nd Floor Key West, FL 33040 The above request to waive adoption of a public facilities element and implementation of school concurrency is approved by the City of Key West, Florida, and afforded an opportunity to comment and/or object. Any comments/objections are attached. ff-i/~ City Manager ~'~~D'O Date MM-25-2010 08:S6~ FROM=M.C. GROWTH MGM1 3eS2B~36 m: 'JC('A(A67 P.2;2 PUBLIC SCHOOL FACILITIES ELEMENT WAIVER APPLICATION FORM Mr. I{ennetb Fields.. Village Manager lslamorada. ViUaae of Islands 86800 OVerseas High...y IsIIII'IIOT8da, PL 33036 The above request to waive adoption of a public facilities element and implemmtation of schaal concurrency is approved by Islamorada Village of Islands, Floridlt md afforded an opportunity to comment and/or object. Jw.y comments/objections are attached. ~ I. 3 ...z..S "'10 Date vmage Mana... . . . . . . ~ ~~ g:~ $f,,,uo/.... .. . . . . . . . . . . . March 26, 2010 P.O. BOX 510141, KEY COLONY BEACH, FL 33051-0141 · PHONE (305) 289-1212 FAX (305) 289-1767 Monroe County Growth Management 2798 Overseas Highway, Suite #410 Marathon, FL 33050-2227 A TTN: Kathy Grasser PUBLIC SCHOOL FACILITIES ELEMENT WAIVER APPLICATION FORM The above request to waive adoption of a public facilities element and implementation of school concurrency is approved by the City of Key Colony Beach, Florida. The city acknowledges we have been afforded an opportunity to comment and/or object. The city has no comments or objections. ----'IIIIIIIIII~ a-~'" ~ ~ Ronald A. Sutton, Mayor 3 (iRe. It ,p Date \ITopdog\chICityClerk\CORRES\201O\Monroe School Waiver March 2010.doc MAR-24-2010 05:00P FROM:M.C. GROWTH MGMT 3052892536 TO: 96640105 P.2/2 PUBLIC SCHOOL FACILITIES ELEMENT WAIVER APPLICATION FORM Norman Anderson, Mayor City of Layton 68260 US Highway 1 Layton, FL 33001 The above request to waive adoption of a public facilities element and implementation of school concurrency is approved by the City of Layton, Florida, and afforded an opportunity to comment and/or object. Any comments/objections are attached. 1l~ /~ 13/ ~" J.;IO I ()Date , Y\OY'W\.~Y' ~. 4y)d..e~crA- PUBLIC SCHOOL FACILITIES ELEMENT WAIVER APPLICATION FORM Ms. Ginger Snead, Mayor City of Marathon 9805 Overseas Highway Marathon, FL 33050 The above request to waive adoption of a public facilities element and implementation of school concurrency is approved by the City of Marathon, Florida, and afforded an opportunity to comment and/or object. Any comments/objections are attached. 4u~d Mayor 1-/)6;,/,0 . Date MONROE COUNTY SCHOOL DISTRICT 2009 - 2010 Work Plan INTRODUCTION The 5-Year District Facilities Work Program is a very important document. The Department of Education, Legislature, Govemor's Office, Division of Community Planning (growth management), local govemments, and others use the work program information for various needs including funding, planning, and as the authoritative source for school facilities related information. The district's facilities work program must be a complete, balanced capital outlay plan that is financially feasible. The first year of the work program is the districts capital outlay budget. To determine if the work program is balanced and financially feasible, the "Net Available Revenue" minus the "Funded Projects Costs" should sum to zero for "Remaining Funds". If the "Remaining Funds" balance is zero, then the plan is both balanced and financially feasible. If the "Remaining Funds" balance is negative, then the plan is neither balanced nor feasible. If the "Remaining Funds" balance is greater than zero, the plan may be feasible, but it is not balanced. Summary of revenue/expenditures available for new construction and remodeling projects only. 2009.2010 2010 - 2011 2011 - 2012 2012 - 2013 2013 - 2014 Five Year Total Total Revenues $31,634,798 $16,878,909 $14,755,889 $32,574,912 $15,564,628 $17,010,284 $31,287,699 $13,814,335 $17,473,364 $32,132,096 $16,456,381 $15,675,715 $30,911,715 $19,640,744 $11,270,971 $158,541,220 $82,354,997 $76,186,223 Total Project Costs Difference (Remaining Funds) District MONROE COUNTY SCHOOL DISTRICT Fiscal Year Range CERTIFICATION By submitting this electronic document, we certify that all information provided in this 5-year district facilities work program is accurate, all capital outlay resources are fully reported, and the expenditures planned represent a complete and balanced capital outlay plan for the district. The district Superintendent and Chief Financial Officer have approved the information contained in this 5-year district facilities work program, and they have approved this submission and certify to the Department of Education, Office of Educational Facilities, that the information contained herein is correct and accurate. We understand that any information contained in this 5-year district facilities work program is subject to audit by the Auditor General of the State of Florida. DISTRICT SUPERINTENDENT CHIEF FINANCIAL OFFICER DISTRICT POINT-OF-CONTACT PERSON JOB TITLE PHONE NUMBER E-MAIL ADDRESS Page 1 of 18 9/22/2009 11 :33:05 AM MONROE COUNTY SCHOOL DISTRICT 2009 - 2010 Work Plan E!Penditures Expenditure for Maintenance, Repair and Renovation from 1.So-MiIIs and PECO Annually, prior to the adoption of the district school budget, each school board must prepare a tentative district facilities work program that includes a schedule of major repair and renovation projects necessary to maintain the educational and ancillary facilities of the district. Item 2009 - 2010 2010 - 2011 2011 - 2012 2012 - 2013 2013 - 2014 Total Actual Budget Projected Projected Projected Projected HVAC $330,000 $250,000 $270,000 $250,000 $300,000 $1,400,000 Locations: CORAL SHORES SENIOR HIGH, GERALD ADAMS ELEMENTARY, GLYNN ARCHER ELEMENTARY, HORACE O'BRYANT MIDDLE, KEY LARGO SCHOOL, KEY WEST SENIOR HIGH, MAINTENANCE BUILDING, MARATHON SENIOR HIGH, MAY SANDS SCHOOL, PLANTATION KEY SCHOOL, POINCIANA ELEMENTARY, SIGSBEE ELEMENTARY, STANLEY SWITLlK ELEMENTARY, SUGARLOAF SCHOOL, TRUMBO ADMINISTRATIVE COMPLEX Flooring $21 ,000 $20,000 $20,000 $20,000 $20,000 $101,000 Locations: CORAL SHORES SENIOR HIGH, GERALD ADAMS ELEMENTARY, GLYNN ARCHER ELEMENTARY, HORACE O'BRYANT MIDDLE, KEY LARGO SCHOOL, KEY WEST SENIOR HIGH, MAINTENANCE BUILDING, MARATHON SENIOR HIGH, MAY SANDS SCHOOL, PLANTATION KEY SCHOOL, POINCIANA ELEMENTARY, SIGSBEE ELEMENTARY, STANLEY SWITLlK ELEMENTARY, SUGARLOAF SCHOOL, TRUMBO ADMINISTRATIVE COMPLEX Roofing $45,000 $50,000 $50,000 $50,000 $50,000 $245,000 Locations: CORAL SHORES SENIOR HIGH, GERALD ADAMS ELEMENTARY, GLYNN ARCHER ELEMENTARY, HORACE O'BRYANT MIDDLE, KEY LARGO SCHOOL, KEY WEST SENIOR HIGH, MAINTENANCE BUILDING, MARATHON SENIOR HIGH, MAY SANDS SCHOOL, PLANTATION KEY SCHOOL, POINCIANA ELEMENTARY, SIGSBEE ELEMENTARY, STANLEY SWITLlK ELEMENTARY, SUGARLOAF SCHOOL, TRUMBO ADMINISTRATIVE COMPLEX Safety to Ufe $70,000 $70,000 $70,000 $70,000 $70,000 $350,000 Locations: CORAL SHORES SENIOR HIGH, GERALD ADAMS ELEMENTARY, GLYNN ARCHER ELEMENTARY, HORACE O'BRYANT MIDDLE, KEY LARGO SCHOOL, KEY WEST SENIOR HIGH, MAINTENANCE BUILDING, MARATHON SENIOR HIGH, MAY SANDS SCHOOL, PLANTATION KEY SCHOOL, POINCIANA ELEMENTARY, SIGSBEE ELEMENTARY, STANLEY SWITLlK ELEMENTARY, SUGARLOAF SCHOOL, TRUMBO ADMINISTRATIVE COMPLEX Fencing $23,000 $20,000 $20,000 $30,000 $30,000 $123,000 Locations: CORAL SHORES SENIOR HIGH, GERALD ADAMS ELEMENTARY, GLYNN ARCHER ELEMENTARY, HARRIS ELEMENTARY, HORACE O'BRYANT MIDDLE, KEY LARGO SCHOOL, KEY WEST SENIOR HIGH, MAINTENANCE BUILDING, MARATHON SENIOR HIGH, MAY SANDS SCHOOL, PLANTATION KEY SCHOOL, POINCIANA ELEMENTARY, STANLEY SWITLlK ELEMENTARY, SUGARLOAF SCHOOL Parking $0 $0 $0 $20,000 $20,000 $40,000 Locations: CORAL SHORES SENIOR HIGH, GERALD ADAMS ELEMENTARY, GLYNN ARCHER ELEMENTARY, HORACE O'BRYANT MIDDLE, KEY LARGO SCHOOL, KEY WEST SENIOR HIGH, MAINTENANCE BUILDING, MARATHON SENIOR HIGH, MAY SANDS SCHOOL, PLANTATION KEY SCHOOL, POINCIANA ELEMENTARY, STANLEY SWITLlK ELEMENTARY, SUGARLOAF SCHOOL, TRUMBO ADMINISTRATIVE COMPLEX Electrical $50,000 $50,000 $50,000 $50,000 $50,000 $250,000 Locations: CORAL SHORES SENIOR HIGH, GERALD ADAMS ELEMENTARY, GLYNN ARCHER ELEMENTARY, HORACE O'BRYANT MIDDLE, KEY LARGO SCHOOL, KEY WEST SENIOR HIGH, MAINTENANCE BUILDING, MARATHON SENIOR HIGH, MAY SANDS SCHOOL, PLANTATION KEY SCHOOL, POINCIANA ELEMENTARY, SIGSBEE ELEMENTARY, STANLEY SWITLlK ELEMENTARY, SUGARLOAF SCHOOL, TRUMBO ADMINISTRATIVE COMPLEX Fire Alarm $20,000 $20,000 $20,000 $25,000 $25,000 $110,000 Locations: CORAL SHORES SENIOR HIGH, GERALD ADAMS ELEMENTARY, GLYNN ARCHER ELEMENTARY, HORACE O'BRYANT MIDDLE, KEY LARGO SCHOOL, KEY WEST SENIOR HIGH, MAINTENANCE BUILDING, MARATHON SENIOR HIGH, MAY SANDS SCHOOL, PLANTATION KEY SCHOOL, POINCIANA ELEMENTARY, SIGSBEE ELEMENTARY, STANLEY SWITLlK ELEMENTARY, SUGARLOAF SCHOOL, TRUMBO ADMINISTRATIVE COMPLEX Telephone/Intercom System $0 $0 $0 $2,000 $2,000 $4,000 Page 2 of 18 9/22/2009 11 :33:05 AM MONROE COUNTY SCHOOL DISTRICT 2009 - 2010 Work Plan Locations: CORAL SHORES SENIOR HIGH, GERALD ADAMS ELEMENTARY, GLYNN ARCHER ELEMENTARY, HORACE O'BRYANT MIDDLE, KEY LARGO SCHOOL, KEY WEST SENIOR HIGH, MAINTENANCE BUILDING, MARATHON SENIOR HIGH, MAY SANDS SCHOOL, PLANTATION KEY SCHOOL, POINCIANA ELEMENTARY, STANLEY SWITLlK ELEMENTARY, SUGARLOAF SCHOOL, TRUMBO ADMINISTRATIVE COMPLEX Closed Circuit Television $0 $0 $0 $2,000 $2,000 $4,000 Locations: CORAL SHORES SENIOR HIGH, GERALD ADAMS ELEMENTARY, GLYNN ARCHER ELEMENTARY, HORACE O'BRYANT MIDDLE, KEY LARGO SCHOOL, KEY WEST SENIOR HIGH, MAINTENANCE BUILDING, MARATHON SENIOR HIGH, MAY SANDS SCHOOL, PLANTATION KEY SCHOOL, POINCIANA ELEMENTARY, STANLEY SWITLlK ELEMENTARY, SUGARLOAF SCHOOL Paint $65,000 $50,000 $60,000 $60,000 $70,000 $305,000 Locations: CORAL SHORES SENIOR HIGH, GERALD ADAMS ELEMENTARY, GLYNN ARCHER ELEMENTARY, HORACE O'BRYANT MIDDLE, KEY LARGO SCHOOL, KEY WEST SENIOR HIGH, MAINTENANCE BUILDING, MARATHON SENIOR HIGH, MAY SANDS SCHOOL, PLANTATION KEY SCHOOL, POINCIANA ELEMENTARY, SIGSBEE ELEMENTARY, STANLEY SWITLlK ELEMENTARY, SUGARLOAF SCHOOL, TRUMBO ADMINISTRATIVE COMPLEX Maintenance/Repair $0 $0 $40,000 $60,000 $121,000 $221,000 Locations: CORAL SHORES SENIOR HIGH, GERALD ADAMS ELEMENTARY, GLYNN ARCHER ELEMENTARY, HORACE O'BRYANT MIDDLE, KEY LARGO SCHOOL, KEY WEST SENIOR HIGH, MAINTENANCE BUILDING, MARATHON SENIOR HIGH, MAY SANDS SCHOOL, PLANTATION KEY SCHOOL, POINCIANA ELEMENTARY, STANLEY SWITLlK ELEMENTARY, SUGARLOAF SCHOOL, TRUMBO ADMINISTRATIVE COMPLEX Sub Total: $624,000 $530,000 $600,000 $639,000 $760,000 $3,153,000 I PECO Maintenance Expenditures $181,803 $431,868 $698,931 $749,093 $841,392 $2,903,087 1.50 Mill Sub Total: $753,197 $505,132 $236,069 $186,907 $93,608 $1,n4,913 Other Items 2009 - 2010 2010 - 2011 2011 - 2012 2012 - 2013 2013 - 2014 Total Actual Budget Projected Projected Projected Projected WWTP Maint and Repair $10,000 $10,000 $20,000 $20,000 $20,000 $80,000 Locations CORAL SHORES SENIOR HIGH, GERALD ADAMS ELEMENTARY, GLYNN ARCHER ELEMENTARY, HORACE O'BRYANT MIDDLE, KEY LARGO SCHOOL, KEY WEST SENIOR HIGH, MAINTENANCE BUILDING, MARATHON SENIOR HIGH, MAY SANDS SCHOOL, PLANTATION KEY SCHOOL, POINCIANA ELEMENTARY, SIGSBEE ELEMENTARY, STANLEY SWITLlK ELEMENTARY, SUGARLOAF SCHOOL, TRUMBO ADMINISTRATIVE COMPLEX PE field renovations $15,000 $0 $0 $0 $0 $15,000 Locations CORAL SHORES SENIOR HIGH, GERALD ADAMS ELEMENTARY, GLYNN ARCHER ELEMENTARY, HORACE O'BRY ANT MIDDLE, KEY LARGO SCHOOL, KEY WEST SENIOR HIGH, MARATHON SENIOR HIGH, PLANTATION KEY SCHOOL, POINCIANA ELEMENTARY, STANLEY SWITLlK ELEMENTARY, SUGARLOAF SCHOOL WWTP 2010 Comp Projs $160,000 $280,000 $245,000 $200,000 $20,000 $905,000 Locations CORAL SHORES SENIOR HIGH, GERALD ADAMS ELEMENTARY, KEY LARGO SCHOOL, MARATHON SENIOR HIGH, STANLEY SWITLIK ELEMENTARY, SUGARLOAF SCHOOL Concrete Repairs $0 $0 $0 $0 $50,000 $50,000 Locations CORAL SHORES SENIOR HIGH, GERALD ADAMS ELEMENTARY, GLYNN ARCHER ELEMENTARY, HORACE O'BRYANT MIDDLE, KEY LARGO SCHOOL, KEY WEST SENIOR HIGH, MAINTENANCE BUILDING, MARATHON SENIOR HIGH, MAY SANDS SCHOOL, PLANTATION KEY SCHOOL, POINCIANA ELEMENTARY, STANLEY SWITLlK ELEMENTARY, SUGARLOAF SCHOOL, TRUMBO ADMINISTRATIVE COMPLEX ADA Projects $25,000 $20,000 $20,000 $20,000 $20,000 $105,000 Locations CORAL SHORES SENIOR HIGH, GERALD ADAMS ELEMENTARY, GLYNN ARCHER ELEMENTARY, HORACE O'BRYANT MIDDLE, KEY LARGO SCHOOL, KEY WEST SENIOR HIGH, MARATHON SENIOR HIGH, MAY SANDS SCHOOL, PLANTATION KEY SCHOOL, POINCIANA ELEMENTARY, SIGSBEE ELEMENTARY, STANLEY SWITLlK ELEMENTARY, SUGARLOAF SCHOOL, TRUMBO ADMINISTRATIVE COMPLEX Site Drainage Maintenance $2,000 $2,000 $5,000 $2,000 $10,000 $21,000 Locations CORAL SHORES SENIOR HIGH, GERALD ADAMS ELEMENTARY, GLYNN ARCHER ELEMENTARY, HARRIS ELEMENTARY, HORACE O'BRYANT MIDDLE, KEY LARGO SCHOOL, MARATHON SENIOR HIGH, PLANTATION KEY SCHOOL, POINCIANA ELEMENTARY, STANLEY SWITLlK ELEMENTARY, SUGARLOAF SCHOOL Page 3 of 18 9/22/2009 11 :33:05 AM MONROE COUNTY SCHOOL DISTRICT 2009 . 2010 Work Plan Carpentry Projects $44,000 $40,000 $40,000 $50,000 $50,000 $224,000 Locations CORAL SHORES SENIOR HIGH, GERALD ADAMS ELEMENTARY, GLYNN ARCHER ELEMENTARY, HORACE O'BRYANT MIDDLE, KEY LARGO SCHOOL, KEY WEST SENIOR HIGH, MAINTENANCE BUILDING, MARATHON SENIOR HIGH, MAY SANDS SCHOOL, PLANTATION KEY SCHOOL, POINCIANA ELEMENTARY, SIGSBEE ELEMENTARY, STANLEY SWITLlK ELEMENTARY, SUGARLOAF SCHOOL, TRUMBO ADMINISTRATIVE COMPLEX UK Maint Building $50,000 $50,000 $0 $0 $0 $100,000 Locations MAINTENANCE BUILDING Plumbing $5,000 $5,000 $5,000 $5,000 $5,000 $25,000 Locations CORAL SHORES SENIOR HIGH, GERALD ADAMS ELEMENTARY, GLYNN ARCHER ELEMENTARY, HORACE O'BRYANT MIDDLE, KEY LARGO SCHOOL, KEY WEST SENIOR HIGH, MAINTENANCE BUILDING, MARATHON SENIOR HIGH, MAY SANDS SCHOOL, PLANTATION KEY SCHOOL, POINCIANA ELEMENTARY, SIGSBEE ELEMENTARY, STANLEY SWITLlK ELEMENTARY, SUGARLOAF SCHOOL, TRUMBO ADMINISTRATIVE COMPLEX Total: $935,000 $937,000 $935,000 $936,000 $935,000 $4,678,000 Local 1.50 Mill Expenditure For Maintenance, Repair and Renovation Anticipated expenditures expected from local funding sources over the years covered by the current work plan. Item 2009 - 2010 2010 - 2011 2011 - 2012 2012 - 2013 2013 - 2014 Total Actual Budget Projected Projected PrOjected Projected Remaining Maint and Repair from 1.5 Mills $753,197 $505,132 $236,069 $186,907 $93,608 $1,774,913 Maintenance/Repair Salaries $2,450,000 $3,250,000 $3,250,000 $3,250,000 $3,250,000 $15,450,000 School Bus Purchases $500,000 $500,000 $500,000 $500,000 $500,000 $2,500,000 Other Vehicle Purchases $0 $50,000 $50,000 $50,000 $50,000 $200,000 Capital Outlay Equipment $138,934 $140,000 $140,000 $140,000 $140,000 $698,934 Rent/Lease Payments $683,477 $584,166 $600,000 $600,000 $600,000 $3,067,643 COP Debt Service $2,607,652 $2,605,058 $2,600,258 $2,599,621 $2,597,558 $13,010,147 Rent/Lease Relocatables $33,000 $33,000 $33,000 $33,000 $33,000 $165,000 Environmental Problems $0 $0 $0 $0 $0 $0 s.1 011.14 Debt Service $0 $0 $0 $0 $0 $0 Special Facilities Construction Account $0 $0 $0 $0 $0 $0 Premiums for Property Casualty Insurance - 1011.71 $800,000 $0 $0 $0 $0 $800,000 (4a,b) Local Expenditure Totals: $7,966,260 $7,667,356 $7,409,327 $7,359,528 $7,264,166 $37,666,637 Revenue 1.50 Mill Revenue Source Schedule of Estimated Capital Outlay Revenue from each currently approved source which is estimated to be available for expenditures on the projects included in the tentative district facilities work program. All amounts are NET after considering carryover balances, interest earned, new COP's, 1011.14 and 1011.15 loans, etc. Districts cannot use 1.5-MiII funds for salaries except for those explicitly associated with maintenance/repair projects. (1011.71 (5), F.S.) Item Fund 2009 - 2010 2010 - 2011 2011 - 2012 2012 - 2013 2013 - 2014 Total Actual Value Projected Projected Projected Projected (1) Non-exempt property $23,247,754,922 $21,981,852,537 $22,341,478,432 $22,903,454,289 $23,599,596,349 $114,074,136,529 assessed valuation Page 4 of 18 9/22/2009 11 :33:05 AM MONROE COUNTY SCHOOL DISTRICT 2009 - 2010 Work Plan (2) The Millege projected for 0.50 0.50 0.50 0.50 0.50 discretionary capital outlay per s.1011.71 (3) Full value of the 1.50-MiII $38,649,393 $38,544,830 $37,142,708 $38,076,993 $39,234,329 $189,648,253 discretionary capital outlay per s.1011.71 (4) Value of the portion of the 1.50 370 $11,042,684 $10,441,380 $10,612,202 $10,879,141 $11,209,808 $54,185,215 -Mill ACTUALLY levied (5) Difference of lines (3) and (4) $27,606,709 $26,103,450 $26,530,506 $27,197,852 $28,024,521 $135,463,038 PECO Revenue Source The figure in the row designated "PECO Maintenance" will be subtracted from funds available for new construction because PECO maintenance dollars cannot be used for new construction. Item Fund 2009 - 2010 2010 - 2011 2011 - 2012 2012 - 2013 2013 - 2014 Total Actual Budget Projected Projected Projected Projected PECO New Construction 340 $0 $0 $21,642 $86,221 $237,460 $345,323 PECO Maintenance Expenditures $181,803 $431,868 $698,931 $749,093 $841,392 $2,903,087 $181,803 $431,868 $720,573 $835,314 $1,078,852 $3,248,410 CO & DS Revenue Source Revenue from Capital Outlay and Debt Service funds. Item Fund 2009 - 2010 2010 - 2011 2011 - 2012 2012 - 2013 2013 - 2014 Total Actual Budget Projected Projected Projected Projected CO & DS Cash Flow-through 360 $49,767 $49,767 $49,767 $49,767 $49,767 $248,835 Distributed CO & DS Interest on 360 $3,131 $3,131 $3,131 $3,131 $3,131 $15,655 Undistributed CO $52,898 $52,898 $52,898 $52,898 $52,898 $264,490 Fair Share Revenue Source All legally binding commitments for proportionate fair-share mitigation for impacts on public school facilities must be included in the 5-year district work program. Nothing reported for this section. Sales Surtax Referendum Specific information about any referendum for a 1-cent or 11!-cent surtax referendum during the previous year. Old the school district hold a surtax referendum during the past fiscal year 2008 . 20091 No Page 5 of 18 9/22/2009 11 :33:05 AM MONROE COUNTY SCHOOL DISTRICT 2009 - 2010 Work Plan Additional Revenue Source Any additional revenue sources Item 2009.2010 2010.2011 2011 .2012 2012 - 2013 2013.2014 Total Actual Value Projected Projected Projected Projected Proceeds from a s.1011.14/15 F.S. Loans $0 $0 $0 $0 $0 $0 District Bonds - Voted local bond $0 $0 $0 $0 $0 $0 referendum proceeds per s.9, Art VII State Constitution . Proceeds from Special Act Bonds $0 $0 $0 $0 $0 $0 Estimated Revenue from CO & OS Bond $0 $0 $0 $0 $0 $0 Sale Proceeds from Voted Capital $0 $0 $0 $0 $0 $0 Improvements millage Other Revenue for Other Capital Projects $0 $4,000,000 $0 $0 $0 $4,000,000 Proceeds from 1/2 cent sales surtax $10,944,620 $11,000,000 $11,000,000 $11,000,000 $11,000,000 $54,944,620 authorized by school board Proceeds from local govemmental $0 $0 $0 $0 $0 $0 infrastructure sales surtax Proceeds from Certificates of $0 $0 $0 $0 $0 $0 Participation (COP's) Sale Classrooms First Bond proceeds amount $0 $0 $0 $0 $0 $0 authorized in FY 1997-98 Classrooms for Kids $0 $0 $0 $0 $0 $0 District Equity Recognition $0 $0 $0 $0 $0 $0 Federal Grants $0 $0 $0 $0 $0 $0 Proportionate share mitigation (actual $0 $0 $0 $0 $0 $0 cash revenue only, not in kind donations) Impact fees received $0 $0 $0 $0 $0 $0 Private donations $0 $0 $0 $0 $0 $0 Grants from local govemments or not-for- $0 $0 $0 $0 $0 $0 profit organizations Interest, Including Profit On Investment $0 $0 $0 $0 $0 $0 Revenue from Bonds pledging proceeds $0 $0 $0 $0 $0 $0 from 1 cent or 1/2 cent Sales Surtax Total Fund Balance Carried Forward $17,560,856 $14,747,990 $17,010,284 $17,473,364 $15,675,715 $82,468,209 General Capital Outlay Obligated Fund $0 $0 $0 $0 $0 $0 Balance Carried Forward From Total Fund Balance Carried Forward Special Facilities Construction Account $0 $0 $0 $0 $0 $0 One Cent - 1/2 Cent Sales Surtax Debt $0 $0 $0 $0 $0 $0 Service From Total Fund Balance Carried Forward Capital Outlay Projects Funds Balance $0 $0 $0 $0 $0 $0 Carried Forward From Total Fund Balance Carried Forward Subtotal $28,505,476 $29,747,990 $28,010,284 $28,473,364 $26,675,715 $141,412,829 Total Revenue Summary Page 6 of 18 9/22/2009 11 :33:05 AM MONROE COUNTY SCHOOL DISTRICT 2009 - 2010 Work Plan Item Name 2009 . 2010 2010 - 2011 21m - 2012 2012 - 2013 2013 - 2014 Five Year Total Budget Projected Projected Projected Projected Local 1.5 Mill Discretionary Capital Outlay $11,042,684 $10,441,380 $10,612,202 $10,879,141 $11,209,808 $54,185,215 Revenue PECO and 1.5 Mill Maint and Other 1.5 ($7,966,260) ($7,667,356) ($7,409,327) ($7,359,528) ($7,264,166) ($37,666,637) Mill Expenditures PECO Maintenance Revenue $181,803 $431,868 $698,931 $749,093 $841,392 $2,903,087 Available 1.50 Mill for New $3,076,424 $2,n4,024 $3,202,675 $3,519,613 $3,945,642 $16,516,576 Construction Item Name 2009.2010 2010 - 2011 2011 - 2012 2012 - 2013 2013 - 2014 Five Year Total Budget Projected Projected Projected Projected CO & DS Revenue $52,898 $52,898 $52,898 $52,898 $52,898 $264,490 PECO New Construction Revenue $0 $0 $21,642 $86,221 $237,460 $345,323 OthedAddmonalRevenue $28,505,476 $29,747,990 $28,010,284 $28,473,364 $26,675,715 $141,412,829 Total Additional Revenue $26,558,374 $29,800,888 $26,084,824 $28,612,483 $26,966,073 $142,022,842 Total Available Revenue $31,634,798 $32,574,912 $31,287,699 $32,132,096 $30,911,715 $158,541,220 ~ect Schedules Capacity Project Schedules A schedule of capital outlay projects necessary to ensure the availability of satisfactory classrooms for the projected student enrollment in K-12 programs. Project Description Location 2009 - 2010 2010-2011 2011 - 2012 2012 - 2013 2013 - 2014 Total Funded K-8 Renovation PLANTATION KEY Planned $1,099,980 $733,320 $0 $0 $0 $1,833,300 Yes SCHOOL Cost: Student Stations: 0 0 0 0 0 0 Total Classrooms: 0 0 0 0 0 0 Gross Sq Ft: 0 110,000 0 0 0 110,000 Middle School HORACE O'BRYANT Planned $1,519,020 $1,012,680 $0 $0 $3,200,000 $5,731,700 Yes Renovation MIDDLE Cost: Student Stations: 0 0 0 0 800 800 Total Classrooms: 0 0 0 0 45 45 Gross Sq Ft: 0 0 0 0 140,000 140,000 Page 7 of 18 9/22/2009 11 :33:05 AM MONROE COUNTY SCHOOL DISTRICT 2009 - 2010 Work Plan Planned Cost: $2,619,000 $1,746,000 $0 $0 $3,200,000 $7,565,000 Student Stations: 0 0 0 0 800 800 Total Classrooms: 0 0 0 0 45 45 Gross Sq Ft: 0 110,000 0 0 140,000 250,000 Other Project Schedules Major renovations, remodeling, and additions of capital outlay projects that do not add capacity to schools. Project Description Location 2009 - 2010 2010 - 2011 2011 .2012 2012 - 2013 2013 - 2014 Total Funded Actual Budget Projected Projected Projected Projected Debt Service........................ Location not specified $11,444,433 $11,443,628 $11,439,335 $11,421,381 $11,405,744 $57,154,521 Yes Half Cent (A) Raze Marathon Manor Location not specified $150,000 $200,000 $0 $0 $0 $350,000 Yes Funds source: Improvements other than buildings (B) Restore soccer fields per Location not specified $0 $450,000 $0 $0 $0 $450,000 No agreement with City of KW (A) Improvements Other than Location not specified $330,311 $280,000 $480,000 $480,000 $480,000 $2,050,311 Yes Buildings $480,311 less the raising of MM $150K = $330,311 (Half Mil) Capitalized Legal Fees.... Location not specified $185,804 $185,000 $185,000 $185,000 $185,000 $925,804 Yes (Half Mil) Technology......................... Location not specified $1,272,393 $1,300,000 $1,300,000 $1,300,000 $1,300,000 $6,472,393 Yes Half Mil $683,477 (above)...... Half Mil $335,910 +............... Half Cent $936,483 = $1,272,393 Total technology is $1,955,881 Software................. ............ Location not specified $5,000 $5,000 $5,000 $5,000 $5,000 $25,000 Yes Half Cent Revenue Lease-Copiers................ Location not specified $200,000 $200,000 $200,000 $200,000 $200,000 $1,000,000 Yes Half Mil Projects........................... Location not specified $243,944 $200,000 $200,000 $2,860,000 $2,860,000 $6,363,944 Yes Half Mil $1,874,398 Half Cent $943,546..CO&DS $45,000 (B) Deduct for Yr 2011 PES Soccer fields $450,000 Reduced this line Item for renovations at PKS and HOB Athletic Fields...................... Location not specified $120,000 $0 $0 $0 $0 $120,000 Yes Half Cent Furniture & Fixtures.............. Location not specified $5,000 $5,000 $5,000 $5,000 $5,000 $25,000 Yes Half Cent Carryover Projects................ Location not specified $303,024 $0 $0 $0 $0 $303,024 Yes Half Cent $14,259,909 $14,268,628 $13,814,335 $16,456,381 $16,440,744 $75,239,997 Additional Project Schedules Any projects that are not Identified in the last approved educational plant survey. Page 8 of 18 9/22/2009 11 :33:05 AM MONROE COUNTY SCHOOL DISTRICT 2009 - 2010 Work Plan Nothing reported for this section. Non Funded Growth Management Project Schedules Schedule indicating which projects, due to planned development, that CANNOT be funded from current revenues projected over the next five years. Nothing reported for this section. Page 9 of 18 9/22/2009 11 :33:05 AM MONROE COUNTY SCHOOL DISTRICT 2009 - 2010 Work Plan Tracking Capacity Tracking Location 2009 - Actual Actual # Class Actual Actual New New Projected Projected Projected 2010 Satls. 2009 - 2008 . Rooms Average 2009 - Stu. Rooms to 2013 - 2013 - 2013 - Stu. Sta. 2010 FISH 2009 2009 - 2010 Capacity be 2014 2014 2014 Class Capacity COFTE 2010 Class Utilization AddedlRe COFTE Utilization Size Size moved CORAL SHORES 1,155 982 751 52 14 76.00 % 0 0 704 72.00 % 14 SENIOR HIGH HARRIS ELEMENTARY 192 0 0 14 0 0.00% -192 -14 0 0.00% 0 KEY WEST SENIOR 1,508 1,433 1,362 62 22 95.00 % 0 0 1,279 89.00 % 21 HIGH HORACE O'BRY ANT 1,154 1,039 693 51 14 67.00 % 0 0 646 62.00 % 13 MIDDLE MARATHON SENIOR 1,523 1,371 622 65 10 45.00 % 0 0 579 42.00 % 9 HIGH MAY SANDS SCHOOL 30 30 24 2 12 81.00 % 0 0 20 67.00 % 10 GLYNN ARCHER 580 580 246 30 8 42.00 % 0 0 436 75.00 % 15 ELEMENTARY POINCIANA 641 641 589 34 17 92.00 % 0 0 583 91.00 % 17 ELEMENTARY SIGSBEE ELEMENTARY 522 522 230 27 9 44.00 % -522 -27 0 0.00% 0 SUGARLOAF SCHOOL 1,350 1,215 750 62 12 62.00 % 0 0 699 58.00 % 11 STANLEY SWITLlK 871 871 458 45 10 53.00 % 0 0 427 49.00 % 9 ELEMENTARY KEY LARGO SCHOOL 1,383 1,245 908 67 14 73.00 % 0 0 852 68.00 % 13 GERALD ADAMS 649 649 445 34 13 69.00 % 0 0 417 64.00 % 12 ELEMENTARY PLANTATION KEY 723 651 468 35 13 72.00 % 0 0 436 67.00 % 12 SCHOOL VACANT 0 0 0 0 0 0.00% 0 0 0 0.00% 0 12,281 11,229 7,545 580 13 67.19 % -714 -41 7,078 67.31 % 13 The COFTE Projected Total (7,078) for 2013 - 2014 must match the Official Forecasted COFTE Total (7,078) for 2013 - 2014 before this section can be completed. In the event that the COFTE Projected Total does not match the Official forecasted COFTE, then the Balanced Projected COFTE Table should be used to balance cOFTE. Projected COFTE for 2013 - 2014 Elementary (PK-3) 2,274 Middle (4-8) 2,697 High (9-12) 2,107 7,078 Grade Level Type Balanced Projected COFTE for 2013 - 2014 Elementary (PK-3) 0 Middle (4-8) 0 Page 10 of 18 9/22/2009 11 :33:05 AM MONROE COUNTY SCHOOL DISTRICT 2009 - 2010 Work Plan 7~1 I";" (9-'2) Relocatable Replacement Number of relocatable classrooms clearly identified and scheduled for replacement in the school board adopted financially feasible 5-year district work program. Location 2009 - 2010 2010 -2011 2011 - 2012 2012 - 2013 2013 - 2014 Year 5 Total Total Relocatable Replacements: 0 0 0 0 0 0 Charter Schools Tracking Information regarding the use of charter schools. Location-Type # Relocatable Owner Year Started or Student Students Years In Total Charter units or Scheduled Stations Enrolled Contract Students permanent projected for classrooms 2013 - 2014 BPA, Big Pine Key 10 SCHOOL BOARD 2007 200 135 10 175 Treasure Village 11 LEASE RENT 2008 222 187 5 194 MECS 5 LEASE RENT 2006 98 95 10 115 26 520 417 484 Special Purpose Classrooms Tracking The number of classrooms that will be used for certain special purposes in the current year, by facility and type of classroom, that the district will, 1), not use for educational purposes, and 2), the co-teaching classrooms that are not open plan classrooms and will be used for educational purposes. School School Type # of Elementary # of Middle 4-8 # of High 9-12 # of ESE # of Combo Total K-3 Classrooms Classrooms Classrooms Classrooms Classrooms Classrooms HARRIS ELEMENTARY Educational 0 0 0 0 24 24 Total Educational Classrooms: 0 0 0 0 24 24 School School Type # of Elementary # of MIddle 4-8 # of High 9-12 # of ESE # of Combo Total K-3 Classrooms Classrooms Classrooms Classrooms Classrooms Classrooms HORACE O'BRYANT MIDDLE Co-Teaching 0 12 0 0 0 12 SUGARLOAF SCHOOL Co-Teaching 3 9 0 0 0 12 STANLEY SWITLlK ELEMENTARY Co-Teaching 0 2 0 0 0 2 KEY LARGO SCHOOL Co-Teaching 4 11 0 0 0 15 GERALD ADAMS ELEMENTARY Co-Teaching 4 0 0 0 0 4 PLANTATION KEY SCHOOL Co-Teaching 5 4 0 0 0 9 Total Co- Teaching Classrooms: 16 38 0 0 0 54 Page 11 of 18 9/22/2009 11 :33:05 AM MONROE COUNTY SCHOOL DISTRICT 2009 - 2010 Work Plan Infrastructure Tracking Necessary offslte Infrastructure requirements resulting from expansions or new schools. This section should Include Infrestructure Infonnatlon related to capacity proJect schedules and other proJect schedules (Section 4). None Proposed location of planned facilities, whether those locations are consistent with the comprehensive plans of all affected local governments, and recommendations for Infrastructure and other Improvements to land adJacent to existing facilities. Provisions of 1013.33(12), (13) and (14) and 1013.36 must be addressed for new facilities planned within the 1 st three years of the plan (Section 5). No new planned facilities at this time due to flat or declining enrollment. Consistent with Comp Plan? Yes Net New Classrooms The number of classrooms, by grade level and type of construction, that were added during the last fiscal year. List the net new classrooms added in the 2008 - 2009 fiscal year. List the net new classrooms to be added in the 2009 - 2010 fiscal year. .Classrooms. is defined as capacity carrying classrooms that are added to increase Totals for fiscal year 2009 - 2010 should match totals in Section 15A. capacity to enable the district to meet the Class Size Amendment. Location 2008 . 2009 # 2008 - 2009 # 2008 - 2009 # 2008 - 2009 2009 - 2010 # 2009 - 2010 # 2009 - 2010 # 2009 - 2010 Permanent Modular Relocatable Total Permanent Modular Relocatable Total Elementary (PK-3) 0 0 0 0 0 0 0 0 Middle (4-8) 0 0 0 0 0 0 0 0 High (9-12) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Relocatable Student Stations Number of students that will be educated in relocatable units, by school, in the current year, and the projected number of students for each of the years in the workplan. Site 2009 - 2010 2010 - 2011 2011 - 2012 2012 - 2013 2013 - 2014 5 Year Average CORAL SHORES SENIOR HIGH 0 0 0 0 0 0 HARRIS ELEMENTARY 0 0 0 0 0 0 KEY WEST SENIOR HIGH 0 0 0 0 0 0 HORACE O'BRYANT MIDDLE 10 10 10 10 10 10 MARATHON SENIOR HIGH 0 0 0 0 0 0 MAY SANDS SCHOOL 0 0 0 0 0 0 GLYNN ARCHER ELEMENTARY 0 0 0 0 0 0 POINCIANA ELEMENTARY 0 0 0 0 0 0 SIGSBEE ELEMENTARY 0 0 0 0 0 0 SUGARLOAF SCHOOL 18 0 0 0 0 4 Page 12 of 18 9/22/2009 11 :33:05 AM MONROE COUNTY SCHOOL DISTRICT 2009 - 2010 Work Plan STANLEY SWITLlK ELEMENTARY 0 0 0 0 0 0 KEY LARGO SCHOOL 0 0 0 0 0 0 GERALD ADAMS ELEMENTARY 89 80 80 80 80 82 PLANTATION KEY SCHOOL 103 90 90 90 90 93 VACANT 0 0 0 0 0 0 Totals for MONROE COUNTY SCHOOL DISTRICT Total students in relocatables by year. 220 180 180 180 180 188 Total number of COFTE students projected by year. 7,566 7,453 7,294 7,190 7,078 7,316 Percent in relocatables by year. 3% 2% 2% 3% 3% 3% Leased Facilities Tracking Exising leased facilities and plans for the acquisition of leased facilities, including the number of classrooms and student stations, as reported in the educational plant survey, that are planned in that location at the end of the five year workplan. Location # of Leased FISH Student Owner # of Leased FISH Student Classrooms 2009 - Stations Classrooms 2013 - Stations 2010 2014 GERALD ADAMS ELEMENTARY 5 89 SE Modular 4 80 CORAL SHORES SENIOR HIGH 0 0 0 0 HARRIS ELEMENTARY 0 0 0 0 KEY WEST SENIOR HIGH 0 0 0 0 HORACE O'BRYANT MIDDLE 0 0 0 0 MARATHON SENIOR HIGH 0 0 0 0 MAY SANDS SCHOOL 0 0 0 0 GLYNN ARCHER ELEMENTARY 0 0 0 0 POINCIANA ELEMENTARY 0 0 0 0 SIGSBEE ELEMENTARY 0 0 0 0 SUGARLOAF SCHOOL 0 0 0 0 STANLEY SWITLlK ELEMENTARY 0 0 0 0 KEY LARGO SCHOOL 0 0 0 0 PLANTATION KEY SCHOOL 0 o Resun 4 88 VACANT 0 0 0 0 5 89 8 168 Failed Standard Relocatable Tracking Relocatable units currently reported by school, from FISH, and the number of relocatable units identified as 'Failed Standards'. Page 13 of 18 9/22/2009 11 :33:05 AM MONROE COUNTY SCHOOL DISTRICT 2009 - 2010 Work Plan Nothing reported for this section. Planning Class Size Reduction Planning Plans approved by the school board that reduce the need for permanent student stations such as acceptable school capacity levels, redistricting, busing, year-round schools, charter schools, magnet schools, public-private partnerships, multitrack scheduling, grade level organization, block scheduling, or other alternatives. The District is in negotiations for a charter school conversion of Sigsbee School. School Closure Planning Plans for the closure of any school, including plans for disposition of the facility or usage of facility space, and anticipated revenues. The Board has approved the plan to close Sigsbee Elementary School in the most recent Plant Survey. Page 14 of 18 9/22/2009 11 :33:05 AM MONROE COUNTY SCHOOL DISTRICT 2009 - 2010 Work Plan Five Year Survey - Ten Year Capacity MONROE COUNTY SCHOOL DISTRICT 9/2212009 Schedule of capital outlay projects projected to ensure the availability of satisfactory student stations for the projected student enrollment in K - 12 programs for the future 5 years beyond the 5-year district facilities work program. Project Location,Community,Quadrant or other general Projected Cost location Project description not specified Location not specified $0 $0 Five Year Survey - Ten Year Infrastructure MONROE COUNTY SCHOOL DISTRICT 9/22/2009 Proposed Location of Planned New, Remodeled, or New Additions to Facilities in 6 thru 10 out years (Section 28). No items meet the criteria. Plans for closure of any school, including plans for disposition of the facility or usage of facility space, and anticipated revenues in the 6 thru 10 out years (Section 29). No items meet the criteria. Page 15 of 18 9/22/2009 11 :33:05 AM MONROE COUNTY SCHOOL DISTRICT 2009 - 2010 Work Plan Five Year Survey - Ten Year Maintenance MONROE COUNTY SCHOOL DISTRICT 9/22/2009 District projects and locations regarding the projected need for major renovation, repair, and maintenance projects within the district in years 6 - 10 beyond the projects plans detailed in the five years covered by the work plan. No items match the criteria. Five Year Survey - Ten Year Utilization MONROE COUNTY SCHOOL DISTRICT 9/22/2009 Schedule of planned capital outlay projects identifying the standard grade groupings, capacities, and planned utilization rates of future educational facilities of the district for both permanent and relocatable facilities. Grade Level FISH Student Actual FISH Actual Actual Actual new Projected Projected Projections Stations Capacity COFTE Utilization Student COFTE Utilization Capacity to be added/remove d Elementary - 3,263 3,263 2,074.35 63.57 % 0 0 0.00% District Totals Middle - District 1,154 1,039 752.50 72.43 % 0 0 0.00% Totals High - District 9,012 8,129 4,884.15 60.08 % 0 0 0.00% Totals Other - ESE, etc 426 30 20.90 69.67 % 0 0 0.00% 13,855 12,461 7,731.90 62.05 % 0 0 0.00% Page 16 of 18 9/22/2009 11 :33:05 AM MONROE COUNTY SCHOOL DISTRICT 2009 - 2010 Work Plan Five Year Survey - Twenty Year Capacity MONROE COUNTY SCHOOL DISTRICT 9/2212009 Schedule of capital outlay projects projected to ensure the availability of satisfactory student stations for the projected student enrollment in K - 12 programs for the future 11 - 20 years beyond the 5-year district facilities work program. No items match the criteria. Five Year Survey - Twenty Year Infrastructure MONROE COUNTY SCHOOL DISTRICT 9/2212009 Proposed Location of Planned New, Remodeled, or New Additions to Facilities in the 11 through 20 out years (Section 28). No items meet the criteria- Plans for closure of any school, including plans for disposition of the facility or usage of facility space, and anticipated revenues in the 11 through 20 out years (Section 29). No items meet the criteria. Page 17 of 18 9/22/2009 11 :33:05 AM MONROE COUNTY SCHOOL DISTRICT 2009 - 2010 Work Plan Five Year Survey - Twenty Year Maintenance MONROE COUNTY SCHOOL DISTRICT 9/2212009 District projects and locations regarding the projected need for major renovation, repair, and maintenance projects within the district in years 11 . 20 beyond the projects plans detailed in the five years covered by the work plan. No items match the criteria. Five Year Survey - Twenty Year Utilization MONROE COUNTY SCHOOL DISTRICT 9/2212009 Schedule of planned capital outlay projects Identifying the standard grade groupings, capacities, and planned utilization rates of future educational facilities of the district for both permanent and relocatable facilities. Grade Level FISH Student Actual FISH Actual Actual Actual new Projected Projected Projections Stations Capacity COFTE Utilization Student COFTE Utilization Capacity to be added/removed Elementary - 3,263 3,263 2,074.35 63.57 % 0 0 0.00% District Totals Middle - District 1,154 1,039 752.50 72.43 % 0 0 0.00% Totals High - District 9,012 8,129 4,884.15 60.08 % 0 0 0.00% Totals Other - ESE, etc 426 30 20.90 69.67 % 0 0 0.00% 13,855 12,461 7,731.90 62.05 % 0 0 0.00% Page 18 of 18 9/22/2009 11 :33:05 AM BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 21. 2010 Division: Growth Management Bulk. Item: Yes --2L No Department: Building Department Staff Contact PersonlPhone #: Joseph Paskalik. Building Official Ex!. 2574 AGENDA ITEM WORDING: Approval to advertise a request for proposals (RFP) for scanning and digitizing of Building Department permit records including two points for local preference out of 57 available points in the evaluation criteria. ITEM BACKGROUND: Contract for scanning and digitizing services with Advanced Data Solutions is expiring 9/30/2010. PREVIOUS RELEVANT BOCC ACTION: June 17,2009 - BOCC adopted "Local Business Preference"; Ordinance No 023-2009; effective date of October 1,2009. November 18,2009 - BOCC directed staff to go out for a request for proposals (RFP). CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: APPROVAL TOTAL COST: INDIRECT COST: BUDGETED: Yes _No DIFFERENTIAL OF LOCAL PREFERENCE: 3.5 percent (2 of 57 potential points) COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Atty -X- OMBlPurchasing _Risk Management_ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 7/09 MONROE COUNTY REQUEST FOR PROPOSALS FOR 'PROFESSIONAL SERVICES BY Scanning and Digitizing Contractors or Individuals to perform Digitizing of Building Department Permit Records RFP-GMD- BOARD OF COUNTY COMMISSIONERS Mayor, Sylvia J. Murphy, District 5 Mayor Pro Tern, Heather Carruthers, District 3 George Neugent, District 2 Kim Wigington, District 1 Mario Di Gennaro, District 4 COUNTY ADMINISTRATOR Roman Gastesi CLERK OF THE CIRCUIT COURT Danny L. Kolhage GROWTH MANAGEMENT DIVISION Christine Hurley, Division Director Apri I 201 0 PREPARED BY: Monroe County Building Official NOTICE OF REQUEST FOR PROPOSALS Request for Professional Services from Scanning or Digitizing Contractors and Individuals for Digitizing of Building Department Permit Records RFP-GMD- The Board of County Commissioners of Monroe County, Florida, hereby requests sealed proposals from contractors and individuals experienced in the scanning and digitizing of Building Department Permit Records. Interested firms or individuals are requested to indicate their interest by submitting a total of six (6), two (2) signed originals and four (4) complete copies of their proposal in a sealed package marked on the outside, "Proposal -Scan and Digitize Building Department Permit Records, addressed to Monroe County Purchasing Department, 1100 Simonton Street, Room 1-213, Key West, FL 33040, on or before 3:00 P.M. local time on . No proposals will be accepted after 3:00 P.M. Faxed or e-mailed Proposals will be automatically rejected. Proposers should be aware that certain "express mail" services will not guarantee specific time delivery to Key West, Florida. It is the sole responsibility of each Proposer to ensure its proposal is received in a timely fashion. Requirements for submission and the selection criteria may be requested from DemandStar by Onvia by calling 1-800-711-1712 or by going to the website www.demandstar.com or httu://www.monroecountv-fl.e:ov/uae:es/msdlbids.htm The Public Record is available at the Purchasing Office, 1100 Simonton Street, Key West, Florida. All submissions must remain valid for a period of one hundred-twenty (120) days from the date of the deadline for submission stated above. The Board will automatically reject the response of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Sec. 287.133(3)(d), Florida Statute (1997). Monroe County declares that all or portions of the documents and work papers and other forms of deliverables pursuant to this request shall be subject to reuse by the County. Technical questions are to be directed, in writing or by fax to Joseph Paskalik, Monroe County Building Official, 2798 Overseas Highway, Suite 300, Marathon, FL 33050, fax (305) 289-2574. The Board reserves the right to reject any or all proposals, to waive informalities in the proposals and to re-advertise for proposals. The Board also reserves the right to separately accept or reject any item or items of a proposal and to award and/or negotiate a contract in the best interest of the County. Interested firms or individuals will be evaluated and selected by a committee composed of the Monroe County Building Official, the Director of Code Enforcement, the Division Director of Growth Management, and the assistant Flood Plain Administrator or their designees. The selection and recommendation will be presented to the Board of County Commissioners for final decision. Dated at Key West, Monroe County Purchasing Department 2 TABLE OF CONTENTS NOTICE OF REQUEST FOR PROPOSALS SECTION ONE - Instruction to Respondents SECTION TWO - Draft Agreement SECTION THREE - County Forms SECTION FOUR - Insurance Requirements - 3- SECTION ONE: INSTRUCTION TO RESPONDENTS 1.01 DESCRIPTION Digitizing of Building Department Permit Records OBJECTIVE OF THE REQUEST FOR PROPOSALS The Growth Management Division of Monroe County, Florida invites firms to submit proposals to scan and digitize building department permit records and deliver the digitized information to the department in a form that is compatible with our current archive system. Services shall begin 0 .ctober 1, 2010. PROJECT HISTORY Monroe County Building Department currently prepares the documents and sends the prepared documents to the current contractor for scanning and digitizing. The department has had between 100,000 & 120,000 files digitized since 1999. SCOPE OF WORK The selected contractor will pick-up the prepared documents, scan, digitize and index the information in a format compatible with our current system (Alchemy) and deliver the information to our offices in Marathon, FI. for input into our archive system. This also includes Data Base Management. Data Base Management is defined as assisting with the management of problems with the Alchemy Archival System. Permit files contain 8 1/2 X 11 documents and full sized blue prints of various sizes. Compatible format may include OCR format so documents are searchable by text. CONTRACTOR SELECTION AND EVALUATION PROCESS Interested firms or individuals will be evaluated and selected at a publicly-noticed meeting by a committee composed of the Monroe County Building Official, the Director of Code Enforcement, the Division Director of Growth Management, and the assistant Flood Plain Administrator or their designees. The committee will evaluate responses based on the following criteria: 1. Past record and experience of firm on similar scanning and digitizing projects. (10 pts) 2. Technical, educational, and training experience of the assigned staff and any anticipated subcontracted staff. (10 pts) 3. Ability to start immediately upon notice to proceed. (10 pts) 4. Costs (10 pts) Responder shall provide costs basis for services based on per page scanning and digitizing costs, media costs and pick-up and delivery costs. Alternative pricing options may be submitted for consideration. 5. Project approach reflects clear understanding of project needs and necessary activities. (10 pts) 6. Completeness of RFP response (5 pts) 7. Local business preference: respondent has a Monroe County business license and a physical business address within Monroe County (see Local Preference Form). (2 pts) The selection and recommendation will be presented to the Board of County Commissioners for final decision. If no contract can be negotiated with the first ranked proposer, the Board reserves the right to negotiate with the next selected proposer. Monroe County reserves the -4- right to reject any and all submittals, waive any irregularities, re-issue all or part of the RFP, and not award any contract, all at its discretion and without penalty. Format. The response, at a minimum, shall include the following: A. Cover Page A cover page that reads "Proposal -Scan and Digitize Building Department Permit Records". The cover page should contain Respondent's name, address, telephone number, and the name and email address of the Respondent's contact person. B. Tabbed Sections Tab 1. General Information. I. The history of the firm, its corporate structure, and years in business. II. A list of the officers and directors of the respondent. III. A list of any subcontractors whom the respondent plans to utilize in performing its services. IV. Location of offices. Tab 2. A section to address the following points, which shall be used in the Selection Committee's evaluation of each submittal in relation to the previously discussed tasks. I. Record of performance and professional accomplishments including: a description of similar work completed by the firm, any outstanding accomplishments of the firm, and any outstanding accomplishments of the firm that relate directly to this type of work (please provide a reference for each work cited). II. Technical, educational and training experience of the assigned staff and any anticipated subcontracted staff. Include the proposed function(s) of subcontractors. III. A list of equipment / tools available to be used on the project. IV. Project Approach. Provide a description including a statement that reflects a clear understanding of project needs based on the description above (see scope of work) including scanned formats available and a work plan that details the approach. V. Specify the estimated time pick-up through delivery of digitized information. VI. Additional information: Provide any additional pertinent information that would be helpful in the consideration of your response. Tab 3. Litigation I. Has the respondent ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details.) II. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the respondent, or its officers or general partners? (If yes, provide details.) III. Has the respondent, within the last five (5) years, been a party to any lawsuit or arbitration with regard to a contract for services, goods or construction services similar to those requested in the RFP? (If yes, the Respondent shall provide a history of any past or pending claims and litigation in which the Respondent is involved as a result of the provision of the same or similar services which are requested or described herein.) IV. Has the respondent ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? (If yes, provide details.) V. Whether, within the last (5) years, an officer, general partner, controlling shareholder or major creditor of the respondent was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for proposals. - 5 - Tab 4. County Forms and Licenses. Respondent shall complete and execute the forms specified below and found at designated pages in this RFP, as well as copies of all professional and occupational licenses: I. Submission Response Form II. Lobbying and Conflict of Interest Clause III. Non-Collusion Affidavit IV. Drug Free Workplace Form V. Public Entity Crime Statement VI. Local Preference Form (if applicable) VII. Respondent's Insurance and Indemnification Statement VIII. Insurance Agent's Statement, and IX. Professional and Occupational Licenses 1.02 COPIES OF PROPOSAL DOCUMENTS A. Only complete sets of Proposal Documents will be issued and shall be used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of Proposal Documents may be obtained in the manner and at the locations stated in the Notice of Calling for Qualifications. 1.03 PROPOSAL REQUIREMENTS See Notice of Request for Proposals. Interested firms or individuals are requested to indicate their interest by submitting a total of six (6), two (2) signed originals and four (4) complete copies of their proposal in a sealed package marked on the outside, "Proposal - Digitizing of Building Department Permit Records", addressed to Monroe County Purchasing Department, 1100 Simonton Street, Room 1-213, Key West, FL 33040, on or before 3:00 P.M. local time on June 1,2010. No proposals will be accepted after 3:00 P.M. Faxed or e-mailed Proposals will be automatically rejected. A bid bond is not required. Payment and performance bonds are not required. There is no pre-bid meeting. 1.04 DISQUALIFICATION OF RESPONDENT A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Respondents, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $25,000.00 C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG-FREE -6- WORKPLACE FORM and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with your bid or proposal may result in immediate disqualification of your bid or proposal. D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. 1.05 EXAMINATION OF RFP DOCUMENTS A. Each Respondent shall carefully examine the RFP and other contract documents, and inform themselves thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the Respondent will in no way relieve them of the obligations and responsibilities assumed under the contract. B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, they shall at once notify the COUNTY. 1.06 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any Respondent as to the meaning of the contract documents. Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed for opening of responses will be given consideration. All such changes or interpretation will be made in writing in the form of an addendum and, if issued, will be mailed or sent by available means to all known prospective Respondents prior to the established Proposal opening date. Each Respondent shall acknowledge receipt of such addenda in their Proposal. In case any Respondent fails to acknowledge receipt of such addenda or addendum, his response will nevertheless be construed as though it had been received and acknowledged and the submission of his response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each Respondent will be bound by such addenda, whether or not received by him. It is the responsibility of each Respondent to verify that he has received all addenda issued before responses are opened. 1.07 GOVERNING LAWS AND REGULATIONS The Respondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. 1.08 PREPARATION OF RESPONSES Signature of the Respondent: The Respondent must sign the response forms in the space provided for the signature. If the Respondent is an individual, the words "doing business as ", or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the Respondent is a corporation, the title of the officer signing the Proposal on behalf of the corporation must be stated along with the Corporation Seal Stamp and -7- evidence of his authority to sign the Proposal must be submitted. The Respondent shall state in the response the name and address of each person interested therein. 1.09 RESPONSIBILITY FOR RESPONSE The Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. 1.10 RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened and announced at the appointed time and place stated in the Notice of Request for Proposal. Monroe County's representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Respondents, or their authorized agents, are invited to be present. 1.11 DETERMINATION OF SUCCESSFUL RESPONDENT The County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses which contain modifications, are incomplete, unbalanced, conditional, obscure, or which contain additions not requested or irregularities of any kind, or which do not comply in every respect with the Instructions, and the contract documents, may be rejected at the option of the County. 1.12 AWARD OF CONTRACT A. If the award of a contract is annulled, the County may award the contract to another Respondent or the work may be re-advertised or may be performed by other qualified personnel as the County decides. B. A contract will be awarded to the Respondent deemed to provide the services which are in the best interest of the County, considering price, qualifications, time frame, and other factors deemed relevant. C. The County also reserves the right to reject the response of a Respondent who has previously failed to perform properly or to complete contracts of a similar nature on time. D. All responses, including the recommendations of the County Administrator or his designee, will be presented to the Board of County Commissions of Monroe County, Florida, for final awarding or otherwise. 1.13 CERTIFICATE OF INSURANCE The Contractor will be responsible for all necessary insurance coverage as indicated on the attached forms. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of bid, with Monroe County BOCC listed as additionally insured on all except Workers Compensation. If the proper insurance forms are not received within the fifteen (15) days, the contract may be awarded to the next selected Respondent. The Contractor shall defend, indemnify, and hold harmless the County as outlined on the attached form. - 8 - SECTION TWO: DRAFT CONTRACT These contract documents should be used only after consultation with counsel. The documents are not intended as legal advice appropriate to any specific situation, nor do they purport to address all issues which may arise between the contracting parties. The documents should be amended or supplemented where appropriate. MONROE COUNTY CONTRACT FOR PROFESSIONAL SERVICES PROFESSIONAL SERVICES FOR THE SCANNING AND DIGITIZING OF BUILDING DEPARTMENT PERMIT RECORDS I THIS CONTRACT is made and entered into this day of , by MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida, ,33050, and ("CONTRACTOR"), whose address is Section 1. SCOPE OF SERVICES I The CONTRACTOR shall do, perform and carry out in a professional and proper manner certain duties as described in the Scope of Services on Exhibit A. Section 2. COUNTY'S RESPONSIBILITIES 2.1 Prepare the permit files for transport to the scanning facility. 2.2 Maintain the Alchemy system. Section 3. TERM This contract effective is effective for three (3) years. It may be renewed for two (2) additional years at negotiated rates with the written consent of the parties. Section 4. COMPENSATION 4.1 The maximum compensation per year available to the CONTRACTOR under this agreement is $80,000.00. The COUNTY agrees to pay the CONTRACTOR based on completion of work within the Scope of Service according to product delivered. Compensation shall be only for the amount of work completed, regardless of the cause of any delay. Section 5. PAYMENT TO CONTRACTOR 5.1 Payment will be made after delivery of digitized documents is received according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the County Clerk (Clerk). The request must describe in detail the services performed and the payment amount requested. 5.2 Continuation of this contract is contingent upon annual appropriation, by Monroe County. Section 6. CONTRACT TERMINATION Either party may terminate this contract because of the failure of the other party to perform its obligations under the Contract. COUNTY may terminate this contract for any reason upon fifteen (15) days notice to the CONTRACTOR. COUNTY shall pay CONTRACTOR for work - 9 - performed through the date of termination. Section 7. AUTHORIZATION OF WORK ASSIGNMENTS 7.1 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. 7.2 The CONTRACTOR shall not assign, sublet, sub-contract or transfer any rights under or interest in (including, but not without limitations, moneys that may become due or moneys that are due) this agreement or subsequent Work Assignment without the written consent of the COUNTY, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this agreement. Section 8. NOTICES All notices, requests and authorizations provided for herein shall be in a signed document and shall be hand delivered, or mailed, certified / registered / return receipt requested, or sent by courier service with a signed receipt, to the addresses as follows: To the COUNTY: Christine Hurley, Division Director Monroe County Growth Management Division 2798 Overseas Highway, Suite 410 Marathon, Florida 33050 Roman Gastesi, County Administrator 1100 Simonton Street, Suite 205 Key West, Florida 33040 To the CONTRACTOR: or addressed to either party at such other addresses as such party shall hereinafter furnish to the other party in writing. Each such notice, request, or authorization shall be deemed to have been duly given when so delivered, or, if mailed, when deposited in the mails, registered, postage paid. Section 9. RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that moneys paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the moneys together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. - 10- Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990 The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement without liability and may also, In its discretion, deduct from the agreement or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Section 11. CONVICTED VENDOR A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract with a publiC entity for the construction or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category two for a period of 36 months from the date of being placed on the convicted vendor list. Section 12. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 13. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 14. ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket \expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. This Agreement is not subject to arbitration. - II - Section 15. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Section 16. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 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, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 19. NONDISCRIMINATION COUNTY and CONTRACTOR 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. COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. - 12 - Section 20. COVENANT OF NO INTEREST COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Section 21. CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 22. NO SOLICITATION/PAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Section 23. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. Section 24. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. Section 25. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. - 13 - 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 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 COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 28. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Section 29. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 30. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Section 31. SECTION 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 Contractors and Subcontractors As a pre-requisite of the work governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the CONTRACTOR shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the attached schedules. - 14- The CONTRACTOR will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failture to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CONTRACTOR's failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the requird insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR's failure to maintain the required insurance. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: . Certificate of Insurance or . A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed bylaw. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additionallnsured" on all policies, except for Workers' Compensation. 32.2 INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND CONTRACTOR Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Premises Operations · Bodily Injury Liability . Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) - ] 5 - If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 32.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS Recognizing that the work governed by this contract requires the use of vehicles, the CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: · Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 32.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS Prior to commencement of work governed by this contract, the CONTRACTOR shall have proof of Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized self-insurer, the COUNTY shall recognize and honor the CONTRACTOR's status. The CONTRACTOR may be required to submit a Letter of Authorization issued by the - 16 - Department of Labor and a Certificate of Insurance, providing details on the CONTRACTOR's Excess Insurance Program. If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the County. Section 33. INDEMNIFICATION The CONTRACTOR covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the CONTRACTOR or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the CONTRACTOR or its Subcontractors in any tier, their employees, or agents. In the event that the service is delayed or suspended as a result of the CONTRACTOR'S failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the County from any and all increased expenses or lost revenue resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. The provisions of this section shall survive the expiration or earlier termination of this agreement. Section 34. INDEPENDENT CONTRACTOR At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent contractor the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its own expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi-public agencies. Section 35. DELAY The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. If possible, such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to complete the work schedule. Such an agreement shall be made between the parties based on funding availability. - ] 7 - IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day of 200_. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman (CORPORATE SEAL) ATTEST: (Name of Contractor) By By - 18 - EXHIBIT A SCOPE OF SERVICES Scanning and Digitizing of Monroe County Building Department records SCOPE OF WORK Provide document scanning services for the Building Department of Monroe County; this job includes the pick-up of prepared documents, scanning, digitizing and indexing the information in a format compatible with our current system (Alchemy) and delivering the information to our offices in Marathon, FI. for input into our archive system. This also includes Data Base Management. Data Base Management is defined as assisting with the management of problems with the Alchemy Archival System. Permit files contain 8 1/2 X 11 documents and full sized blue prints of various sizes. Compatible format may include OCR format so documents are searchable by text. (The remainder of the page intentionally left blank) - 19- SECTION THREE: COUNTY FORMS Please follow the complete instructions to respondents specified in Section 1 "Contractor Selection and Evaluation Process" RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS clo PURCHASING DEPARTMENT GATO BUILDING, ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(s) I have included: . Lobbying and Conflict of Interest Clause . Non-Collusion Affidavit . Drug Free Workplace Form . Public Entity Crime Statement . Insurance Requirements · Local Preference Form (if applicable) (Check mark items above. as reminder that they are included) In addition, I have included a current copy of the following professional and occupational licenses: Mailing Address: Telephone: Fax: Date: Signed: Witness: (Seal) (Name) (Title) - 20- LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE " " (Company) "... warrents that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: - 21 - NON-COLLUSION AFFIDAVIT I, of the city of my oath, and under penalty of perjury, depose and say that according to law on 1 . I am of the firm of the bidder making the Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority to do so; 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: - 22- DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be impaosed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community , or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: - 23- PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months fro the date of being placed on the convicted vendor list." I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: - 24- LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. Failure to complete this form will result in disqualification from receiving local vendor preference. Name of Bidder/Responder Date: I. Does the vendor have a valid receipt for the business tax paid to the Momoe County Tax Collector dated at least one year prior to the notice or request for bid or proposal? (Please furnish copy. ) 2. Does the vendor have a physical business address located within Momoe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Momoe County? List Address: Telephone Number: B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? If yes, please provide: I. Copy of Receipt of the business tax paid to the Momoe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. 2. Subcontractor Address within Momoe County from which the subcontractor operates: Tel. Number Print Name: Signature and Title of Authorized Signatory for Bidder/Responder STATE OF COUNTY OF On this _ day of _, 20_, before me, the undersigned notary public, personally appeared , known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above Local Preference Form for the purposes therein contained. Notary Public Print Name My commission expires: Seal - 25- SECTION FOUR: INSURANCE REQUIREMENTS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless For Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. - 26- RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Other Contractors and Subcontractors As a pre-requisite of the work governed, the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the 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 Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: . Certificate of Insurance Or . A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving - 27- the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. 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. - 28- WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statues. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. - 29- GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: . Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability . Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monr~e County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements.- - 30- VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: · Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. - 31 - Respondent's Insurance and Indemnification Statement $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $100,000 per person $300,000 per occurrence $50,000 property damage $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $100,000 per person $300,000 per occurrence $50,000 property damage IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSUL T ANTS Insurance Reauirement Worker's Compensation and Employers Liability General Liability Vehicle Liability Reauired Limits The Respondent covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Respondent, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the work (to include the work of others) is delayed or suspended as a result of the Respondent's failure to purchase or maintain the required insurance, the Respondent shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Respondent is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Respondent Signature - 32- INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTI BLES Liability policies are Occurrence Claims Made Insurance Agency Signature Print Name: - 33- MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: · The County as being named as an Additional Insured - If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has been granted the authority to waive this provision. And · The Indemnification and Hold Harmless provisions Waivina of insurance provisions could expose the Countv to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirement form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny this Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision- making authority. - 34- MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Contractor: Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: BIDDER SIGNATURE - 35- RFP for CONTRACTOR Services, ADA Compliance Assessments for County Buildings & Properties INSURANCE REQUIREMENTS FOR SUBMITTING PROPOSALS Worker's Compensation General Liability, including Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Vehicle Liability (Owned, non-owned and hired vehicles) $100,000 Bodily Injury by Acc. $500,000 Bodily Inj. by Disease, policy lmts $100,000 Bodily Inj. by Disease, each emp. $300,000 Combined Single Limit $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage $300,000 Combined Single Limit The Monroe County Board of County Commissioners shall be named as Additional insured on all policies issued to satisfy the above requirements. - 36- BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 21. 2010 Division: Growth Management Bulk Item: Yes -X- No Department: Planning and Environmental Resources Staff Contact PersonlPhone #: Jane Tallman. ph. 509-0998 AGENDA ITEM WORDING: Approval to execute Local Agency Program (LAP) Agreement with Florida Department of Transportation (FDOT) which provides funding from the National Scenic Byways Grant Award for the Florida Keys Scenic Highway Interpretive Panels project. ITEM BACKGROUND: The Florida Keys Scenic Highway, recently designated as an All-American Road, was awarded a National Scenic Byways Grant for its proposed Interpretive Panels project. The Florida Keys Scenic Corridor Alliance (FKSCA) and Monroe County as the LAP agent were awarded the grant which will provide funding for the design, fabrication and installation of Interpretive Panels along the Florida Keys Scenic Highway corridor from Key West to Key Largo. A contract for these services will be entered into after the funding is received and encumbererd. The project is included in the FDOT Five Year Work Program (which was presented to the BOCC on December 16, 2009) and must be performed under the FDOT LAP program. The 20% grant match is in the form of in-kind services of the FKSCA Board and members contributing to the project. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $45.000 INDIRECT COST: BUDGETED: Yes _No COST TO COUNTY: 0 SOURCE OF FUNDS: Grant REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County A~ ~~hasing _ Risk Management Jlt.,-- DOCUMENTATION: Included X Not Required_ DISPOSITION: Revised 1/09 AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: FDOT Contract #_ Effective Date: Expiration Date: Contract Manager: Jane Tallman (Name) 2521 (Ext.) Planningl#ll (Department/Stop #) for BOCC meeting on April 21, 2010 Agenda Deadline: April 6, 2010 CONTRACT COSTS Total Dollar Value of Contract: $ 45,000 Budgeted? YesD No D Account Codes: Grant: $ 45,000 County Match: $ 0 Current Year Portion: $ 45,000 - - - - ----- - - - - ----- - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $----1yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Division Director YesD NoD Risk Management 3...-(~1 () YesD Nol2f Ol'B./Purchasing ~ I () YesO NoJ County Attorney 3 - n... -/0 YesD NoD _A."",... ,'411I: ~ ~ '... ,.i, L.., (j Date Out ~ ; )4 r 10 . I "2 'II Comments: OMB Form Revised 2/27/01 MCP #2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 1 FPN: Fund: Federal No: 428017-1 Org Code: FPN: Fund: Federal No: Org Code: FPN: Fund: Federal No: Org Code: FPN: Fund: Federal No: Org Code: County No: Contract No: Data Universal Number System (DUNS) No: 80-939-7102 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: Vendor No: THIS AGREEMENT, made and entered into this _ day of , 2010 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and Monroe County Board of County Commissioners hereinafter called the Agency. WIT N E SSE T H: WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Florida Kevs Scenic Hiahwav Interpretive Panels Grant and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the "project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Attachments: Exhibit(s) A and B are attached and made a part hereof. 2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Aaencv Proaram Manual, which by this reference is made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. Removal of Any Unbilled Funds If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project), Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or nonperformance. In addition to loss of funding, the Department will consider de-certification of said Agency for future LAP projects. Removal of All Funds STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 03107 Page 2 If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the Agency, and the project is off the state highway system, then the department will have to request repayment for the previously billed amounts from the Local Agency. No state funds can be used on off-system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before June 30. 2011. If the Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project. 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway Administration (FHWA) may require. 3.00 Project Cost: 3.01 Total Cost: The total cost of the project is $ 45.000. This amount is based upon the schedule of funding in Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "B." This amount includes federal-aid funds which are limited to the actual amount of federal- aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit liB" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 03107 Page 3 contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice- to-Proceed from the Department. 3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 4 The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by the Department, as described in this section. Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. Sy entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the FDOT's Office of Inspector General (OIG), and the Chief Financial Officer (CFO) or Auditor General. Audits Part I - Federally Funded: Recipients of federal funds (Le., state, local government or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133, as revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMS Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (Le., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II - State Funded: Recipients of state funds (Le., a non-state entity as defined by Section 215.97(2) (I), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance awarded through the Department by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other non-state entities. State financial assistance does not include federal direct or pass-through awards and resources received by a non-state entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 5 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (Le., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings. Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV - Report Submission: 1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Danny Iglesias, PE LAP Administrator Florida Department of Transportation, District 6 1000 NW 111th Avenue Miami, FL 33172 b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of Federal Awards directlv to each of the following: Danny Iglesias, PE LAP Administrator Florida Department of Transportation, District 6 1000 NW 111th Avenue Miami, FL 33172 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 03107 Page 6 Letters issued by the auditor, to the Department at each of the following addresses: Danny Iglesias, PE LAP Administrator Florida Department of Transportation, District 6 1000 NW 111th Avenue Miami, FL 33172 3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf of the recipient directlv to each of the following: a) The Department at each of the following address(es): Danny Iglesias, PE LAP Administrator Florida Department of Transportation, District 6 1000 NW 111th Avenue Miami, FL 33172 b) The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on behalf of the recipient directlv to: a) The Department at each of the following address(es): Danny Iglesias, PE LAP Administrator Florida Department of Transportation, District 6 1000 NW 111th Avenue Miami, FL 33172 5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted in a timely manner in accordance with OMS Circular A-133, as revised, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package was delivered to the recipient in correspondence accompanying the financial reporting package. Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor Genera upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the Department. 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to audit the books, records, and accounts pertaining to the financing and development of the project. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 03107 Page 7 The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1) (c), Florida Statutes). 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right- of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1 )(a), Florida Statutes ). All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and Chapter 3-"Travel" of the Department's Disbursement Ooerations Manual, Topic 350-030-400 (Section 287.058(1)(b), Florida Statutes). If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12.06 or 12.07. 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page B 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project. Invoices submitted after the 120-day time period may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency with a requirement that the deficiency be corrected within a specified time; otherwise this Agreement will be terminated at the end of such time. Suspension of this Agreement will not affect the time period for completion of the project. If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage of work at which this Agreement is terminated. If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice-of-Termination or Suspension: Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 03107 Page 9 national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 11.00 Compliance with Conditions and laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable. 12.00 Restrictions, Prohibitions, Controls, and labor Provisions: 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI- Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 03107 Page 10 has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. 13.09 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 11 solicitation of bids for construction of the project, including those projects for which no right-of-way is required. 13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the project is accepted by the Agency as suitable for the intended purpose. 13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.13 Restrictions on Lobbying: Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally-appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. 13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ~ will 0 will not maintain the improvements made for their useful life. 13.15 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at 850-410-9724 or by calling the State Comptroller's Hotline, 1- 800-848-3792. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 03/07 Page 12 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY MONROE COUNTY BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Name: Title: Name: Title: Attest: Title: Attest: Title: As to form: As to form: Attorney District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 08106 Page EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 428017-1 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Monroe County Board of County Commissioners Dated PROJECT LOCATION: The project _ is ...x...- is not on the National Highway System. The project -1Lls _ is not on the State Highway System. PROJECT DESCRIPTION: The Florida Keys Scenic Corridor Alliance and Monroe County as the LAP agent were awarded a National Scenic Byways Grant for its proposed Interpretive Panels project. The funding is for design, fabrication, and installation of Interpretive Panels along the Florida Keys Scenic Highway corridor from Key West to Key Largo. SPECIAL CONSIDERATIONS BY AGENCY: None SPECIAL CONSIDERATIONS BY DEPARTMENT: None STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROJECT MANAGEMENT OFFICE 08106 Page EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS FPN: Monroe County Board of County Commissioners 428017-1 PROJECT DESCRIPTION Name: Florida Kevs Scenic Hiahwav Interoretive Panels Termini: SR 5/US1/0verseas Hwy Florida Kevs Scenic Hwy FUNDING (1) (2) (3) TYPE OF WORK By Fiscal Year TOTAL AGENCY STATE & PROJECT FUNDS FUNDS FEDERAL FUNDS Planning 2009-2010 2010-2011 45.000 45.000 Total Planning Cost Project Development & Environment (PD&E) 2006-2007 2007-2008 2008-2009 Total PD&E Cost Design 2006-2007 2007-2008 2008-2009 2009-2010 Total Design Cost Right-of-Way 2008-2009 2009-2010 Total Right-of-Way Cost Construction 2008-2009 2009-2010 2010-2011 Total Construction Cost Construction Engineering and Inspection (eEl) 2008-2009 2009-2010 2010-2011 Total CEI Cost Total Construction and CEI Costs TOTAL COST OF THE PROJECT 45,000 45,000 The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available. ~\oNAL. ,sC\ ~.,. ~ ~ ~} ~H;O~~ Project Summary 2009 State Submission Date I. Ja~_~~:_~~~~~...__....__..__.........J I?lvlslon Submission J)ate...._.__ r. not ~_u..~~~~_~.._.._.._....___....___________J SB-2009-FL-55491: Florida Keys Scenic Highway Interpretive Panels Grant ~!..8~-~~-~~-----=""''''''''-'-''1 This application must be completed online at http://www.bywaysonline.org/grants/, and submitted electronically and in printed form. Project Category Which category best describes the location of this project? o Project that is associated with a highway that has been designated as a National Scenic Byway, AII- American Road, or one of America's Byways. . Project along a State or Indian tribe scenic byway that is carried out to make the byway eligible for designation as a National Scenic Byway, an All-American Road, or one of America's Byways. o Project that is associated with the development of a State or Indian tribe scenic byway program. Choose from the following categories of eligible work the type that best fits your project. o Byway Programs o Corridor Management o Safety Improvements o Byway Facilities o Access to Recreation o Resource Protection . Interpretive Information o Marketing Is this application a resubmission of an unfunded project from a previous year? o Yes . No Project Location State(s) involved in project: Florida Indicate the byway's regional location within the State. Reference prominent landmarks such as parallel major highways, natural features, counties, or large cities, that makes the byway(s) easy to locate in a road atlas. The byway is located in Monroe County, Florida. It begins near Key Largo to the north and terminates at Key West to the south. Briefly describe the project's location(s) on the byway using references to route numbers, byway gateway communities, project location communities and landmarks so any reviewer can identify the project sites. 1 of 11 !?_~~.?gQ~_::f.:!:::?l>_49 ~_~_E!~E!9.~_.t.5.~Y~._~E!!)~_ljig~~~y.}!l~~!J~~~!Y_~_F.:~D.~I.~....~!~!)..L.___....___....____________._________.._____.._____________________________ The byway overlays US 1 in the Florida Keys. It begins just north of Key Largo at Mile Marker (MM) 110 and passes through Islamorada, Marathon and Big Pine Key and concludes at Key West (MM 0). Associated Byways State Byway Name FL Florida Keys Scenic Highway Is this project consistent with the Corridor Management Plan(s) for the byway(s) involved? . Yes o No I CMP not available Congressional Districts State District Representative <at time of application) FL 18 Ros-Lehtinen, Ileana Abstract Project Description Complete the sentence "This project wilL" before adding remaining information. This project will provide funding for interpretive panels to be situated at four key locations along the Florida Keys Scenic Highway. This project is consistent with Goal 3 of the Corridor Management Plan (CMP) Five Year Update and the Florida Keys Scenic Highway Interpretive Master Plan. One panel will be located at the Florida Keys Overseas Heritage Trail trailhead, north of Key Largo and the remainder will be at the visitor centers at Key Largo, Marathon and Key West. The exposure to natural elements including severe weather events will be minimized for longevity. A marketing consultant will be selected and the Florida Keys Scenic Corridor Alliance will provide project management support. Byway Benefits Complete the sentence "This project benefits the byway traveler by..." before adding remaining information. This project benefits the byway traveler by offering strategically located byway educational materials. This will enhance the travelers overall corridor experience by providing: maps, points of interest, activities, listing of current events in a multi-lingual format. Staff is available at each of these four facilities to assist the byway traveler with any questions they may have about the corridor. Narrative Project Summary Completely describe all the major elements of your proposed project in a concise but complete summary. The Florida Keys Scenic Corridor Alliance (FKSCA, a.k.a. Corridor Management Entity, CME) is requesting grant funds to select a consultant to design Interpretive Panels that will be placed on the walls (as a photograph would be) of strategic visitor centers along the corridor. The FKSCA has recently completed a Five Year update to its Corridor 2 of 11 ~_I?_::?'.Q.Q~_:E!::~_?~~~_~!~_~~.~._'5.~y.~_~.~~~!~..t!ig_~_y!'~Yll!t~'!p'~~i~_~__p-_~I}~I~_..~r:.'!Ii1t_.______._______.________.________._...__..__.____________ Management Plan. This update placed significant emphasis on the need to attract and educate byway visitors from around the world to the Florida Keys. Since the Keys are a tourist-based economy it is imperative that the FKSCA reach a global market. For this project, Goal 3 from the Five-Year CMP Update is particularly significant, Provide educational opportunities that will heighten awareness of the globally unique scenic and recreational elements of the Florida Keys by interpreting the rich and unique historical, archaeological, cultural, and natural resources of the Keys that are united by US 1, the transportation backbone of the region. In March 2006 the FKSCA, in cooperation with Monroe County and other interested volunteer groups and local residents, developed an Interpretive Master Plan to help establish guiding principles for promoting, protecting and enhancing the intrinsic resources along the Florida Keys Scenic Highway. It was out of this process that the need for targeted byway information and potential host locations were identified for panels. Each location is easily accessible from US 1 and is Americans with Disabilities Act (ADA) compliant. The panel concept was devised to provide the byway traveler with a one-stop opportunity to locate the most current informational materials and maps associated with the byway. The interpretive panels are anticipated to be placed at strategic locations along the corridor. The first one will be located on the Florida Keys Overseas Heritage Trail at the trailhead just north of Key Largo (MM 107). The three remaining panels will be located in the visitor centers at Key Largo (MM 106), Marathon (MM 50, at the Crane Point Interpretive Center) and Key West (MM 4 at the Key West Botanical Gardens). They will be located inside the buildings so as to be protected from severe weather events and the natural elements. Indoor displays are preferred since US 1 is located along a thin chain of islands where the marine environment tends to erode outside displays. These concepts were developed to ensure timely project implementation once funding is received. (See the attached diagram for a sample design concept.) The FKSCA will work with representatives of each facility to determine the ultimate design of each of the displays so as to ensure they are attractive while providing a source of value added corridor information for the byway traveler. A marketing consultant will be selected to design the panels and a sub-committee will be established by the FKSCA Board of Directors to provide project direction and content. A project manager will be designated as the point person for the project by the FKSCA. This team of individuals will efficiently guide design and implementation. Final concepts and design will be approved by the FKSCA Board. It is anticipated that much ofthe actual text will be developed by the FKSCA membership as part of the grant match. For this application, careful consideration was given to establishing the budget and request for funds. One of the key ingredients for a successful CME is the many hours donated through in-kind volunteer services. In order to assign a value to this service, the Independent Sector website (as suggested by the National Scenic Byway guidance) was reviewed for the average hourly rate assigned to volunteer time. The most recent information available for the state of Florida was for the year 2007 with an hourly rate of$17.38. Since the grant would not be implemented till the year 2010, a 6% annual increase was assigned to that rate for a total of$20.50 an hour. The Florida Keys has a higher cost of living than the majority of the state of Florida and that is why the annual increase is higher than average. This estimate is shown in the attached budget and includes an annual estimate of time for these efforts. In conclusion, the FKSCA requests funding for the development of interpretive panels to be located in four strategic visitor centers along the Florida Keys Scenic Highway. This will provide the byway visitor an opportunity to better understand and appreciate the scenic highway corridor and all it has to offer as well as discover the most current events and acquire promotional materials for their enjoyment. This project is "ready-to-go" once the grant funds are received. This is based on the fact that many of the photos and materials are currently available through a number of sources. Additionally several volunteers have offered their time to this project. Benefit to Byway Traveler Describe how the proposed project will benefit a byway traveler, add to their travel experience or fulfill an important objective of your .GM.!?.. This project benefits the byway traveler by offering a selection of helpful informational tools in an efficient manner that will assist in telling the byway story. While byway travelers may have a predetermined activity or destination for their visit, this tool will educate them on the vast array of resources this region offers and maybe suggest an option that had 3 of 11 ~~::?'.QQ~-FL_:?~~.~.~_:__E!9..~i~~_~~y~__~cenic_!ii9~~~YJ!!!e!p~~!iY~_f~~_~!!_~r:.~~_!___________________.__.__._____.____,,_.__________________________.____________ not been considered. This project supports Goal 3 of the Five Year CMP Update as well as the Florida Keys Scenic Highway Interpretive Master Plan. Prior Projects Describe any relationship between this project and previously funded National Scenic Byways Program grant projects. In addition, discuss how the proposed work relates to any multi-year work plan byway leaders have developed. The Florida Keys Scenic Highway Interpretive Master Plan that was awarded in 2003 and does provide guidance for this grant application. It is one of the guiding documents for the Florida Keys Scenic Highway. The 2006 (Key West Botanical Gardens) and 2008 (Key Deer Habitat Preservation) grants that were awarded were submitted with the FKSCA support but were not grants that had direct benefits for the Scenic Highway nor this project. Project Coordinator Please provide contact information for a person responsible for this project. 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III ~13 ~ = 0 .! > ::l "'0 i ::l = -= cu 0 = CZl8~ c ~ w ...- m -.:t ll) ll) ~ u- , m o o N , III en ..... ..... ...... o CD Cii' o o N o (;j :::l Cl :::l <( Q) ..c .s 'C ~ os E :;:l III .!!!. ~ os o 'E os : iii :::l '0 <( II o ~ SB-2009-FL-55491: Florida Keys Scenic Highway Interpretive Panels Grant Budget Cost Breakdown # Description Total Cost Requested Match 1. Marketing Consultant 45,000 45,000 0 2. Volunteer Project Management ($20.501hr, 670 hours) 13,732 0 13,732 Total $58,732 $45,000 $13,732 Matching Funds Funding Allocation Do the byways involved in the project cross any Federal Lands? (Check all that apply) o Bureau of Indian Affairs o Bureau of Land Management . Fish and Wildlife Service . National Park Service o USDA Forest Service If this project is selected for funding, please indicate your preference for carrying out the project (check one): . FHWA allocates the funds for the project to the State DOT o FHWA allocates the funds for the project to one of the Federal Land Management agencies marked above (provide contact information below) o FHWA allocates the funds for the project to an Indian tribe or tribal government (provide contact information below) If funding should be allocated to a Federal land management agency or Indian tribal organization, please provide contact information for that organization: Name: Title: Organization: Address: Phone: Fax: E-mail: 7 of 11 SB-2009-FL-55491: Florida Keys Scenic Highway Interpretive Panels Grant Application Checklist The following statements are for informative purposes. Please read and check each statement. . I understand that this is a reimbursement program - funds are not available up-front. . I have reviewed and responded to the Complete Application statements as outlined in the Grants Guidance. . I have been in touch with the State scenic byway coordinator and have responded to recommendations or requirements of the State. . I have verified with the State byway coordinator that this proposed project can receive authorization to proceed from the State and FHWA division before the end of the fiscal year for which the application is made. Attachments Use this as a checklist to verify that all attachments are provided with your printed application. ;-I!.~ &.1C-- M.U~.o'.l<:.';:> r.t.'t.ilHl'.,,,._..... ~....:.. J o Key Largo Chamber Letter of Support Documentation of support for the project. Digital version: Kev Laroo Chamber Kiosk Grant SUDDort Letter.Ddf (693.5 KB) ~.~, o Key West Botanical Gardens Letter of Support i-- ~R.1:~ . ,-- -- ',..-.:: .-,. ~ Documentation of support for the project. ~ ~.- Digital version: KWBGS SUDDort letter- kiosk Ddf (6.9 KB) ~_ i' 0 Marathon Letter of Support "ff.ff /1";' Documentation of support for the project. lJJbJ.J'~p"'",-.'{"- .... ~- Digital version: Marathon 2009 Grant letter of SUDDort.pdf (99.9 KB) --~.,;"'V'~_. 8 of 11 ~_E!:?Q_Q~:E!:::_?..?..~_~_~E!~_~!~~_~~Y~~_~~JE._tti9~.~~Y J nt~rp.r~!Lv._~_f.'~r:!~!~_S?.r:~n..L_.______________________________________._____..________ ,-'<. .~ ~':::,'~- or! 0 FDEP Letter of Support 1!'~l!l'i'" ~#eWJ.. ~~* ~__~I~~ ~oy~~ ....~...........-:.~-- ~M .. -~ "~~l- -Le J , . t._._ -... ?-.t. i - , ~. .- , , . L.~~~_.=~.:J . ...~ ~~ .,.~ ... ~.,........~ &1i!li~ p~:.:"'''''''''''''- !ao~rA~~"" .. c' ..~,.;t-r;.'1Ot:'.;;.. . f~ -~...~ ;..~ ..,.,~~:; :;:;;~ '" ~ $,'.. ~~.A~~J"I. ,.,..., Documentation of support for the project. Digital version: FDEP 2009 Grant SUDDort Letter jP9 (782.1 KB) o Location Map of Corridor with Interpretive Panel Locations This location map shows the Florida Keys Scenic Highway corridor as well as the potential interpretive panel locations. Digital version: FL Kevs Grant MaDwPanels Ddf (296.4 KB) .... o Sample panel design This panel design is a sample of what may be developed but is not final. Final design will be determined if the grant is implemented. Digital version: samDle Danel pdf (1.0 MB) o Islamorada Mayor Letter of Support Documentation of support for the project. Digital version: Islamorada Mayor 2009 Grant Support Letter Ddf (49.8 KB) o Islamorada Chamber Letter of Support Documentation of support for the project. Digital version: Islmorada Chamber 2009 Grant SUDDort Letter Ddf (133.5 KB) 9 of 11 SB-2009-FL-55491: Florida Keys Scenic Highway Interpretive Panels Grant -.... ~- ..........~ ~~. ...., o Lower Keys Chamber Letter of Support Documentation of support for the project. Digital version: Lower Keys Chamber 2009 Grant Support Letter pdt (121.4 KB) . 0 Letter of Support "?" ---::i'l':" ..I!!'. ~ Documentation of support for the project. ~ ~~~ Digital version: Ltr SUDDort Scenic Bvwav doc Ddt (49.6 KB) ~. ~ ~...- ._...,-. 'k~~,:.::fO::r-:r" r ,~::~..:... ~~~!I'~~"i~S:~ ~t..?...:S..~"~Wl ~I!! .f'':r...''l' o TDC Letter of Support Documentation of support for the project. Digital version: TDC 2009 Grant SUDDOrt Letter Ddt (51.6 KB) ';'l~ . ~~1;.\~ _. o Form SF 424 Required SF 424 form Digital version: FKSCA SF 424 Panels pdt (766.1 KB) Five-Year CMP Update Elements This document provides key elements from the FKSCA Five-Year CMP Update that highlight components for this project as outlined in the Abstract. Digital version: FKSH Five-Year CMP Update Elements pdt (461.2 KB) ffl'~I~I'~l ~ 0 Monroe County LAP letter I II~ ~.I; This letter documents Monroe County's intent to apply to be a Local Agency Program ! hi ~ (LAP) certified agency. Digital version: LaD Letter pdt (39.1 KB) 10 of 11 SB-,~OO~FL-5~91 :.E~~da ~So.!nicJ1!9hw.ilti.~erpretive Panels ~~~1-_________ Signatures Application Completeness I certify that this application is complete and correct, and is eligible for National Scenic Byways funding. (This should be completed by the State's scenic byways coordinator.) Please print name: Title: Signature: Date; Matching Funds Certification I certify that the matching funds for this project are available for use at the time of application. Please print name: Judy Hull Tille: President Date:~. 10-0 11 of 11 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 21. 2010 Division: Growth Management Bulk Item: Yes ---X...- No Department: Staff Contact PersonlPhone #: Susan Grimslev Ext.2524 AGENDA ITEM WORDING: Approval to advertise an ordinance amending Section 19-1 of the Monroe County Code concerning road abandonments. ITEM BACKGROUND: Staff has received requests to abandon portions of the County's right of way which are not for the full width of the road. Granting such requests does not relieve the burden of maintenance or upkeep by County staff. Recently staff has researched and is following Resolution No. 250-1998, attached as exhibit "A" which does not allow for such requests to be considered. The criteria in Resolution 250-1998 should be placed in an ordinance and codified. PREVIOUS RELEVANT BOCC ACTION: June 10, 1998 - BOCC approved Resolution No. 250-1998 regarding road abandonments. CONTRACVAGREEMENTCHANGES: ilia STAFF RECOMMENDATIONS: Approval TOTAL COST: ilia INDIRECT COST: BUDGETED: Yes _No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: ilia SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty ...K- OMBlPurchasing _ Risk Management _ DOCUMENTATION: Included x Not Required_ DISPOSITION: AGENDA ITEM # Revised 7/09 ORDINANCE NO. -2010 AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING SECTION 19-1 OF THE MONROE COUNTY CODE OF ORDINANCES CONCERNING ROAD ABANDONMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, staff has received requests and the Board of County Commissioners has considered requests to abandon portions of the County's right of way which are not for the full width of the road, but only a portion of the road or right of way which will be usable to the applicant; and WHEREAS, granting of such requests does not relieve the burden of maintenance or upkeep by County staff and lessens the potential for use of the right of way for utilities or other public uses for public benefit; and WHEREAS, in processing a recent request, staff researched this issue and is following Resolution No. 250-1998 (attached Exhibit A) of the Board of County Commissioners which does not allow for such requests to be considered; and WHEREAS, the criteria in Resolution No. 250-1998 for partial abandonments are more appropriately placed in an ordinance and codified; and NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Section 19-1 shall be amended as follows: Sec. 19-1. Abandonment of rights-of-way. (a) No dedicated and accepted right-of-way in the county shall be abandoned where the right-of- way terminates on a body of open water. (b) In all other cases of abandonment, no right-of-way shall be abandoned unless there is an agreement to do so by all affected property owners. For purposes of this subsection, an affected property owner is the owner of property which, if the right-of-way is abandoned, will: (1) Have access that is currently used by that property owner eliminated; (2) Have the only platted access eliminated; (3) Have the paved area adjacent to that property increased for turn-around purposes; or (4) Be increased in size. (c) A road may be abandoned only at the terminal portion of the road and in its full width unless the abandonment will complY with the County Code reauirements for road. turn-around. and fire- rescue access and one of the followina circumstances exists: (1) An adiacent lot owner has on the platted riaht of way or within a setback a substantial structure which predates the Special Session Law 59-1578 pertainina to maps. plats and riaht of way. The term "substantial structure" specifically does not include wood or metal fences. sheds or tiki huts or other items not listed which are accessory structures. (2) The abandonment is reauested bv a County department or aovernmental aaencv for a public purpose. {QL(6t The board of county commissioners considers these a restriction on the rights of individuals who desire to abandon properties in accordance with F.S. ~ 336.09. Section 2. Severabilitv. If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this Ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 3.Conflictina Provisions. In the case of direct conflict between any provision of this ordinance and a portion or provision of any appropriate federal, state or county law, rule, code or regulation, the more restrictive shall apply. Section 4. Effective Date. This ordinance shall be effective when filed in the Office of the Secretary of State of the State of Florida. Section 5. Transmittal for Codification The provisions of this ordinance shall be included and incorporated into 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , 2010. Mayor Sylvia J. Murphy Mayor Pro tem Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro ATTEST: DANNYL.KOLHAGE,CLERK MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Deputy Clerk Mayor Sylvia J. Murphy .O~OUNTY ATTORNEY ~A .~O:?; Date: tV - & ~ ~o/d RESOLUTION NO. - 250 -1998 AN RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA. CONCERNING THE ABANDONMENT OF RIGHTS-OF-WAY. County Commission WHEREAS. a recent request for road abandonment requested on irregular portion of the end of a street to be carved out and abandoned to the adjacent lot owner; and WHEREAS. an irregularly shaped road would result; and WHEREAS. Staff is concemed that abandoning irregular pieces of roads will result in confusion in the future with respect to paving and maintenance. and that such an abandonment will prompt numerous petitions to carve irregular sections out of roadways; now. therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA. Section 1. A road may be abandoned only at the terminal portion of the road and in its full width unless the abandonment will comply with County Code requirements for road. tum- arounds and fire-rescue access. and one or both of the following circumstances exists: a) An adjacent lot owner has on the platted right-of-way or within a setback a substantial structure which predates the Special Session Law 59-1578. pertaining to maps. plats and rights-of-way; or b) The abandonment is requested by a County department for a public purpose. Section 2. Buildings or structures of significant construction do not include wood or Mayor Jack London . _r'~--- .c..ommissioner Keith Douglass /- ",_,.Colmnissioner Shirley Freeman .... -.. ,i j':,. . ---:~9rTimjssioner Wilhelmina Harvey I r;..--:-.;' ' -~~m'~issioner Mary Kay Reich , :'. .~ .,' .. OJ. . (SEAL) Attest: DANNY L.KOLHAGE. Clerk BY~~ .. Depu Cle Jreslrap APPROVED AS TO FORM AND SUFFICIE metal fences. sheds or tiki huts. PASSED AND ADOPTED by the Board of County Commissioners of Monroe COiv.Jori- ~ ~z_"' regular meeting of said Board held on the 10thday of June. 1998. ~~ .0 n. r- N ~ 0('). M Q p:x :::0 ..... <:) ::! ::v ~ - ~ :". > ., C") ,... Q Q .. rtI.- ::a . 011:'0 ves yes yes yes yes UijD' COMMISSIONERS COUN ~--- . ~P' . : A Mayor/Chairman By ./