HomeMy WebLinkAboutJ. Growth Management
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Mav 19. 2010
Division: Growth Management
Bulk Item: Yes ~
No
Department: Marine Resources Office
Staff Contact PersonlPhone #: Richard Jones 2805
AGENDA ITEM WORDING: Approval of Amendment No.6 to the Agreement with DRC
Emergency Services LLC (DRC) amending the procedures for disposal of traps, amending the trap
disposal fee structure, and extending the Agreement for a fourth one (1) year period.
ITEM BACKGROUND: The Board of County Commissioners approved an Agreement with DRC in
2006 for the removal of traps, derelict vessels, and other marine debris. The Agreement provides for
five (5) additional one (1) year periods with approval from the BOCC. Amendment No.6 provides for
the fourth of five extension periods. Amendment No.6 also reflects changes in procedures regarding
the disposal of traps, recognizing NOAA's prohibition on disposing of concrete and wood trap parts
offshore, and amends the associated fee structure. The Amendment stipulates that all trap parts will be
brought to shore and disposed of at an approved disposal site on the mainland. The County is prepared
to issue a Task Order authorizing DRC to proceed with the removal and disposal of traps deposited in
coastal areas as a result of the 2008 storm season. FEMA has approved reimbursement funding for
both trap removal/disposal and monitoring for the project. The County estimates the total cost
associated with the trap removal and disposal at $1,779,900.00.
PREVIOUS RELEVANT BOCC ACTION:
September 2006- approval of Agreement with ORe for marine debris removal and disposal
November 2006- amendment No. I to the Agreement identifying seven vessels of special consideration
August 2007- amendment No.2 to the Agreement stipulating final disposal sites on the mainland
September 2007- amendment No.3 to the Agreement extending the Agreement for one year
September 2008- amendment No.4 to the Agreement extending the Agreement for one year
August 2009- amendment No.5 to the Agreement extending the Amendment for one year
CONTRACT/AGREEMENT CHANGES:
Attached
ST AFF RECOMMENDATIONS: Approval
TOTAL COST: $1.779.900
INDIRECT COST:
BUDGETED: Yes ~No
DIFFERENTIAL OF LOCAL PREFERENCE: nla
COST TO COUNTY:
nla
SOURCE OF FUNDS: 125-0459106-530340
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_
~
APPROVED BY: County Atty ~ Y]_~BIP~ChaSing~
DOCUMENTATION: Included X Not Required_
Year
Risk Management -L
DISPOSITION:
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
DRC Emergency Service Contract #
Effective Date:
Expiration Date:
9/20/2007
9/29/2011
Contract Manager: Richard Jones
(Name)
2805
(Ext. )
Growth Mana ement/11
(Department/Stop #)
for BOCC meeting on
5/19/2010
Agenda Deadline: 5/4/2010
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? YeslZl
Grant: $
County Match: $
NoO
1,779,900 Current Year Portion: $ $1,779,900
estimated estimated
Account Codes: 125-0459106-530340-_-_
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ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
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Risk Management Y.Jhi{D Y esO No~
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OMB Form Revised 2/27/01 MCP #2
MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to be caring, professional and fair
To: Board of County Commissioners and County Administrator
From: Richard Jones, Marine Resources Senior Administrator
Date: April 27, 2010
Through: Christine Hurley, Growth Management Division Director
RE: Explanation regarding DRC Agreement amendment
The purpose of this memo is to provide explanation regarding the Agreement amendment
with DRC Emergency Services LLC (DRC).
The 2006 DRC Agreement provides for disposal of wood and concrete portions of lobster
traps at designated offshore sites. However, the Florida Keys National Marine Sanctuary
currently prohibits such practices. Therefore, the DRC Agreement must be revised to
reflect a modification in procedures (Exhibit A) and a modification of the accompanying
fee structure (Exhibit B) for DRC to dispose of all traps and trap parts at a DEP permitted
upland site on the mainland. The Agreement amendment indicates that all traps and trap
parts will now be transported to a designated disposal site in Pompano Beach. The
Agreement amendment also provides for the fourth of five annual extensions to the
Agreement.
As a result of the 2008 storm season, thousands of lobster traps were dislodged from their
anchorage and deposited in the shallow coastal areas of the middle and lower Keys,
creating a threat to public health and safety. The County applied for FEMA funding to
remove and dispose of the traps, and reimbursement funding was ultimately approved.
FEMA Project Worksheet 594 provides for up to an estimated $1,779,900 for trap
removal and disposal utilizing the 2006 DRC Agreement, and up to an estimated
$163,370 for monitoring of the removal and disposal work utilizing a 2007 Beck Disaster
Recovery, Inc. Agreement. Both Agreements stipulate that such work will be authorized
by Task Order. Draft Task Order 2010-1 (attached) authorizes DRC to proceed and
stipulates the scope of services.
All trap removal and disposal work is anticipated to occur during the months of June
and/or July, prior to the beginning of the 2010-2011 commercial lobster season.
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Page I
AMENDMENT No.6 TO AGREEMENT
BETWEEN DRC EMERGENCY SERVICES LLC
AND MONROE COUNTY, FLORIDA
THIS AMENDMENT TO AGREEMENT is made and entered into this 19th day of May, 2010
between Monroe County Board of County Commissioners (hereinafter "COUNTY" or "BOCC") and DRC
Emergency Services, LLC (hereinafter "DRC").
WHEREAS, the parties entered into a non-exclusive agreement on September 20,2006, for removal
of hurricane debris including lobster traps, canal debris, and marine debris including abandoned/derelict
vessels; and
WHEREAS, the Agreement allows for five (5) additional one (1) year extensions on the same terms
and conditions with approval from the BOCC; and
WHEREAS, this Agreement was extended for one year commencing on September 20,2007, again
on September 20, 2008, and again on September 19, 2009; and
WHEREAS, it is deemed in the interest of the health, safety, and welfare of the general public to
extend this Agreement in order to remove vessels, traps, and other debris that may be generated by future
storm events or other natural disasters; and
WHEREAS, FEMA has approved funding for trap debris removal and disposal as a result of 2008
storm events utilizing the DRC Emergency Services LLC Agreement for marine debris removal; and
WHEREAS, Exhibit A under the current Agreement provides for disposal of wood and concrete
portions of traps to be disposed of at designated offshore sites in the Gulf and Atlantic Ocean, and
WHEREAS, Exhibit B under the current Agreement provides a fee structure based on the offshore
disposal of wood and concrete portions of traps, and
WHEREAS, the Florida Keys National Marine Sanctuary no longer allows the use of such offshore
sites for disposal; and
WHEREAS, the Agreement and accompanying Exhibits A and B must be amended to reflect
disposal of all traps and trap parts at an upland waste facility;
NOW, THEREFORE, IN CONSIDERATION ofthe mutual covenants contained herein the parties agree
to as follows:
I. Section 1.2 of the September 20, 2006 Agreement is hereby amended as follows:
This Agreement shall be extended for the year September 20, 2010 through September 19, 20 II.
2. Exhibit A and Exhibit B of the September 20, 2006 Agreement are amended as attached.
3. The remaining provisions of the agreement dated September 20,2006, not inconsistent herewith,
remain in full force and effect.
Remainder of page intentionally left blank
Signature page to follow
ORe Amendment 4-21-20 10 I
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above
written.
(SEAL)
ATIEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk
Mayor/Chairman
WITNESSES:
DRC EMERGENCY SERVICES LLC
1.
By:
Print Name:
Print Name:
2.
Title:
Print Name:
MONROE COUNTY ATTORNEY
.. /::RI~~~,T: ~~M:
. SU N M. GRIMSLEY 1
ASSISTANT COUNTY ATTORNEY
Date __ __'i_-': ~G? c:J.-O { 0
DRC Amendment 4-21-2010
2
EXHmIT A
SCOPE OF WORK FOR MARINE DEBRIS
Lobster traps, Marine Debris, and Abandoned Vessels
Lobster Trap Removal
DRC will be responsible for managing the removal and disposal of lobster traps
destroyed or substantially damaged as the result of the 2005 and subsequent hurricane
seasons within the life of the Agreement; to include the identification of locations in the
water of where significant trap debris exists, working with the Florida Keys Commercial
Fishermen's Association or other entities as appropriate to locate, remove, and dispose of
traps, and oversight of field monitoring, and billing for the project.
Detailed Responsibilities:
. DRC will be responsible for locating appropriate Temporary Debris Sites and
Reduction Sites.
. DRC will provide management and oversight for County designated temporary
debris sites to manage traps prior to appropriate disposal. No traps or trap parts
shall be disposed of offshore. Designated temporary debris sites can be at fish
houses or commercial fishing related facilities.
. Determine locations of significant lobster trap debris in an area from Key West to
Key Largo and the Monroe County portion of the "Eighteen Mile Stretch," to
include municipalities. No effort should be made to assess the area within the
bounds of Everglades National Park. Assessment of debris locations should not
extend beyond ~ mile further toward the ocean or gulf from the islands connected
by U.S. highway 1, unless there are known shallow water flat areas which may
harbor trap debris. In addition, a less detailed assessment of the existence of
lobster trap debris should be completed for the area ten miles (plus or minus) west
of Key West.
. Traps to be removed will include only those that have washed up on shallow
water "flats" in the Keys or which otherwise exist in the near shore environment
of the Keys and are tangled with other trap material (trap lines particularly); such
that these traps cannot be construed as being active or functional for "fishing."
. DRC will provide supervision and project oversight as required by FEMA, the
State of Florida, and the County in conjunction with County staff and/or a
monitoring firm employed by the County. Monitoring will include determination
of actual trap removal counts of complete or partial traps and coordination with
FEMA, the State of Florida, or Monroe County for verification of such counts.
Exhibit A
4/21/2010
-1-
. Momoe County will maintain an independent monitoring team. representing the
County as the project applicant.
. DRC will be responsible for the management of all project expenses and billing
documentation as will be required by FEMA, the State of Florida, and the County.
. DRC through separate sub-contract(s) will accept the assistance of any other
valid, qualified contractor as needed to assist in this project. DRC reserves the
right to solely determine if the sub-contractor in question is qualified to
participate in this project.
Canal and Near Shore Debris Clean-un
DRC will be responsible for managing the removal and disposal of marine debris in
manmade canals which has resulted from the impacts of the 2005 and subsequent
hurricane seasons within the life of the Agreement. Efforts are to include the
identification of locations in the water of where significant marine debris exists,
contracting with local marine contractors to, locate, remove, and dispose or marine
debris, and oversight of field operations for the project.
Detailed Responsibilities:
. DRC will be responsible for locating appropriate Temporary Debris Sites and
Reduction Sites
. Management and oversight of County designated temporary debris sites for
storage of marine debris prior to appropriate final disposal.
. Determine locations of marine debris in manmade canals within an area to include
Key West to Key Largo and the Momoe County portion of the "Eighteen Mile
Stretch," to include the municipalities. The definition of manmade canal shall be
that found in the Momoe County Code of Ordinances as follows:
Man-made water body means a water body that was created by excavation by mechanical
means under human control and shall include a canal, cut basin, or channel where its
edges or margins have subsequently been modified by natural forces (See Definitions,
Chapter 9.5-4 (M-4).
(1) For the purposes of this chapter, such water bodies may have natural components, for
instance a channel or canal may have been dredged such that the dredge material was
used to create land on one side, but not the other, thus leaving a relatively natural
shoreline on the opposite side.
(2) Also for the purposes of this chapter, the man-made water body must have
"Buildings," as defined in Chapter 9.5-4 (B-9), along its shoreline to be applicable. If
buildings are not present on a given shoreline on the date of adoption of this ordinance,
but such buildings are constructed at a later date, then this ordinance becomes effective at
that time.
Exhibit A
4/21/2010
-2-
. Assess total potential volume or appropriate metric (linear feet of canal, tons, etc.)
for the amount of marine debris likely to be removed and disposed of. Marine
debris should include such material that is visible on or just under the waters
surface and that would cause a hazard to safe navigation or be a potential risk to
human health if not removed. Such marine debris should not be debris attached to
personal property unless permission is provided to remove such debris. An effort
should be made to contact a property owner to obtain permission to remove
material that is obviously debris, but which may be tied or otherwise affixed to
land for reasons of maintaining clear navigation.
. Complete Contracts for Service with local marine contractors to remove debris
from manmade canals located in the project work area.
. DRC will provide supervision for project oversight efforts as required by FEMA
or the Natural Resources Conservation Service (NRCS) (U.S. Department of
Agriculture), the State of Florida, and the County in coordination with County
staff and/or a monitoring firm employed by the County.
. Monroe County will maintain an independent monitoring team representing the
County as the project applicant.
. DRC will be responsible for the management of all project expenses and billing
documentation as will be required by FEMA or NRCS, the State of Florida, and
the County
Abandoned Vessel Recoverv and Disposal
DRC will be responsible for managing the removal from the water, impound and auction
or disposal, of abandoned vessels surrounding the Florida Keys which are largely, but not
exclusively, the result of impacts of the 2005 and subsequent hurricane seasons within the
life of the Agreement. Efforts are to include the detailed cost assessment for the removal
of larger vessels which are located in shallow waters and are hard aground. Work will
also include obtaining necessary salvage approvals through applicable state and federal
agencies, including the Florida Keys National Marine Sanctuary, the United States Coast
Guard, the U.S. Fish and Wildlife Service, and the Florida Fish and Wildlife
Conservation Commission.
Detailed Responsibilities:
. DRC will be responsible for locating appropriate Temporary Debris Sites and
Reduction Sites
. Determine current locations of remaining abandoned vessels and determine thevleast costly approach for salvage or disposal as appropriate. Maps provided show
approximate location of vessels after Hurricane Wilma. Additional information
may be available concerning their current disposition.
Exhibit A
4/21/2010
- 3-
. In the event of future storms and similar impacts, staff will work with DRC to
locate and map vessels and other marine debris post each event. Such products
will supplant the maps provided herein.
~..
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+
Hurricane Season ~f
Abando vll88ll1s - Key we8t Area .'
Exhibit A
4/21/2010
-4-
Exhibit A
4/21/2010
--+
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H rrlcane Season 2005
andoned Vessels - Middle Keys
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. Management and oversight of County designated temporary debris sites for
storage of marine debris prior to appropriate final disposal.
. Assess total potential value of the removal operation whether by means leading to
disposal or by means appropriate for salvage and sale for cost.
. Work with local, state, and federal agencies to approve salvage plans for vessels
that are located on sensitive marine or wetland resources, including shallow water
seagrass areas and mangrove communities.
. Prior to ultimate removal from the marine environment, reach agreement with
local, state, and federal agencies on which abandoned vessels will be "eligible"
under FEMA's eligibility guidelines.
. Prior to ultimate removal from the marine environment, reach agreement on
which vessels will be removed for disposal and which will be removed to a
holding site for cost recovery through sale to an original owner or auction.
. DRC will provide supervision for project oversight efforts as required by FEMA
and the County in conjunction with County staff and/or a monitoring fIrm
employed by the County.
Exhibit A
4/21/2010
-6-
. Monroe County will maintain an independent monitoring team representing the
County as the project applicant.
. DRC will be responsible for all project oversight where salvage plans have been
applied for and approved and necessary salvage criteria or constraints are imposed
by approving agencies.
. DRC will be responsible for the management of all project expenses and billing
documentation as will be required by FEMA and the County
Exhibit A
4/21/2010
-7-
EXHIBIT B
FEE SCHEDULE FOR MARINE TRAP, VESSEL, CANAL CLEAN-UP,
MARINE DEBRIS AND DERELICT VESSELS
TraD Debris
Cost per Trap Removed
Shallow Water (0-2')
Channels (2' plus)
$ 51.00
43.70
1. All traps and trap parts collected will be brought in to Temporary Debris and
Reduction Sites on land, utilizing fish houses where possible.
2. When possible, the Contractor will work with local commercial fisherman and other
capable and interested parties as sub-contractors for this project.
3. All trap debris will be disposed of at Central Disposal located in Pompano Beach.
Disposal costs will be a pass through, and reflect the actual cost of disposal at that
designated disposal site.
4. Partial traps will be billed as ~ trap and at ~ the cost noted above. Counts of
complete or partial traps will be determined by monitoring, as indicated in Exhibit A of
the Agreement.
Canal Debris
Costs for Canal Debris Removal
C & D debris removal from canals.
$ 19.58
per linear foot cleaned
Vegetative debris removal from canals.
$ 19.58
per linear foot cleaned
Vessel and Other ODen Water Marine Debris
Labor and Cost of boat and vessel removal
BoatsN essels retrieved from the land by means of various equipment. No water borne
equipment.
$ 150.00
per linear foot of vessel
Open Boats and Skiffs up to 18 feet in length retrieved from the water by means of
various equipment, including barges, cranes, boats, etc.
Non Salvageable: $ 25.00
per linear foot of vessel
Other BoatsNessel up to 35 feet in length retrieved from the water by means of various
equipment, including barges, cranes, boats, etc.
Salvageable: $ 150.00
Non Salvageable: $ 225.00
per linear foot of vessel
per linear foot of vessel
Other BoatsNessel in excess of 35 feet in length retrieved from the water by means of
various equipment, including barges, cranes, boats, etc.
Salvageable: $ 250.00
Non Salvageable: $ 225.00
per linear foot of vessel
per linear foot of vessel
Houseboats and larger vessels that may create some difficulty in removal because of
location (edge of islands or in the mangroves, hard aground etc. retrieved from the water
by means of various equipment, including barges, cranes, boats, etc.
Salvageable: $ 400.00
Non Salvageable: $ 225.00
vessel
per linear foot of vessel
per linear foot of
Per day fees for storage/dockage for salvaged boats/vessels.
$ 35.00
per unit/daily
Respondent responsible for providing storage / dockage site.
Water based marine debris found outside of canals including offshore collection and
transport to offloading site:
$
50.00
per cubic yard collected
1. The removal of vessels of special consideration may require unexpected additional
effort and further negotiation may be allowed on a case by case basis.
2. Substantially intact vessels (Greater than 80 %) are considered to be vessels for the
purposes of this fee schedule and will be billed by the linear foot.
Note, in all cases, traps, vessels, and other marine debris:
. Load and haul to TDSRS, any necessary separation and reduction cost, and haul
out to final resting place of trap line, floats, and funnels must be considered in any
price quote provided.
Exhibit B
4/26/2010 10:43:00 AM
. Tipping fees from fmal disposal of all canal/waterway debris brought to land will
be a pass through cost to be determined upon designation of final disposal
facilities.
Exhibit B
4/26/2010 10:43:00 AM
County of Monroe
Growth Management Division
Marine Resources Office
Suite #420
2798 Overseas Highway
Marathon FL 33050
Voice: (305) 289-2805
FAX: (305) 289-2536
Board of County Commissioners
Mayor Sylvia J. Murphy, Dist. 5
Mayor Pro Tern Heather Carruthers, Dist. 3
Kim Wigington, Dist. I
George Neugent, Dist. 2
Mario Di Gennaro, Dist. 4
We strive to be caring, professional and fair
April 28, 2010
NOTICE TO PROCEED AND TASK ORDER #2010-1
Ref: Trap removal and disposal as a result of2008 storm events, in accordance with the September 20,
2006 Agreement between Monroe County and DRC Emergency Services, LLC. (DRC) and
Amendment #6 to the Agreement, and as described in FEMA Project Worksheet PA-04-FL-1785-
PW-00594(O).
DRC shall perform the following tasks to assist the County in responding to trap debris from 2008 storm
events:
· The Contractor will coordinate and perform the removal and disposal of traps deposited in coastal
areas ofthe Florida Keys in accordance with FEMA Project Worksheet No. 594.
· The Contractor will determine locations of trap debris, set up temporary collection sites (including
fish houses), and transport the trap debris to Central Disposal in Pompano Beach for final disposal.
· The Contractor will perform the work during the months of June and July 2010, and complete all
work prior to opening of the 2010-2011 commercial lobster season.
· The Contractor will assure that all work is performed in adherence with all state, federal and local
guidelines.
· The Contractor will be compensated according terms of the Agreement, and the approved estimated
costs indicated in FEMA PW 594 not to exceed $1,779,900. Any increase in costs will require
FEMA approval.
Approved for Monroe County:
Approved for DRC, Inc.
Signature:
Signature:
Title:
Title:
Date:
Date:
ACORD,,, CERTIFICATE OF INSURANCE ISSUE DATE
04/26/2010
PRODUCER This certificate is issued as a matter of information only and confers no rights
MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC. upon the Certificate Holder. This CertIficate does not amend. extend or alter the
5080 Spectrum Dr., Suite 900E coverage afforded by the policies below.
Addison, TX 75001 COMPANIES AFFORDING COVERAGE
(469) 232-2100
Company Ironshore Specialty Insurance
A
INSURED Company Amerisure Mutual Insurance Company
DRC Emergency Services, LLC B
740 Museum Drive
Mobile, AL 36608-1940 Company
C
Company
0
Company
E
This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding
any requirement, term or condition of contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by
the policies described herein is subject to all the terms, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims.
CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE LIMITS OF LIABILITY
LT EXPIRATION
A GENERAL LIABILITY 000117900 01/28/2010 EACH OCCURRENCE $ 1,000,000
lXI CommlllCial General Liability 07/28/2011 FIRE DAMAGE $ 50,000
o Claims Made lXIoccurrence MEDICAL EXPENSE $ 0
o Owners' and Contractors' Protection
0 PERS. AND ADVERTISING INJURY $ 1,000,000
0 GENERAL AGGREGATE $ 2,000,000
General A9!rllll8te Umit app~es per: PRODUCTS AND COMP. OPER. AGG. $ 2,000,000
o Policy lXI Projecl 0 Location
B AUTOMOBILE LIABILITY 112491100 01/20/2010 COMBINED SINGLE LIMIT $ 1,000,000
lXI Any Automobde 01/20/2011 BODII Y INJURY (PAr nAr!lnn\ $
o All Owned Automobiles BODILY INJURY (Per accident\ $
o Scheduled Automobiles
lXI Hired Automobiles PRnPERTY DAMAGE IPer accident\ $
lXI Non-owned Automobiles COMPREHENSIVE ' $500 deductible
0 COLLISION $500 deductible
B WORKERS' COMPENSATION WC2067300 01/20/2010 WC ~talutorv Limit I X I Other I I
AND EMPLOYERS' LIABILITY 01/20/2011 EL EACH ACCIDENT $ 1,000,000
E' 014::1=.6.4::1= (Each Am"I"""A' $ 1 ,000,000
EL DISEASE (Policv Limit' $ 1,000,000
A EXCESS LIABILITY 000118000 01/28/2010 EACH OCCURRENCE $ 10,000,000
lXI Occurrence OClaims Made Follow Form 07/28/2011 AGGREGATE $ 10,000,000
Retention/Deductible 10.000
A CONTRACTORS POLLUTION 000108000 01/19/2010 Each Occurrence $ 5,000,000
Liability Ouring Transportation. fines. penalties. daan 01/19/2011 Policy Aggregate $ 5,000,000
up. punitive damage. Occurrence ronn Deductible Each Loss $ 10,000
$
$
Project: Marine Debris Removal - Lobster traps from Hurricane Wilma
Monroe County Board of County Commissioners is included as Additional Insured (except on Workers Compensation) as required by written contract subject to
policy terms, conditions and exclusions. The above referenced policy(s) include a waiver of subrogation in favor of Monroe County Board of County
Commissioners.
CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
Monroe County Board of County Commissioners Authonzed Representative
AUn: Rich Jones i; ~-
; 2798 Overseas Hwy
; Marathon, FL 33050 (
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Federal Emergency Management Agency E-Grants
Page 1 of 11
PA-G4-FL-1785-PW-G0594(O) p
Applicant Name: Application Title:
MONROE (COUNTY) HRMC17A Debris Removal- Monitoring
Period of Performance Start: Period of Performance End:
08-24-2008 02-24-2009
Subgrant Application - Entire Application
Application Title: HRMC1lA Dd)ris REmlOval- MOnitoring
Application Number: PA-04-FL-H85-PW-00594(O)
Application Type: Sut!grimt Application (PWj
Preparer Information
Prefix Mr.
First Name Hector
Middle Initial L
Last Name Rivera
Title P. A. Project Specialist
Agency/Organization Name DHS / FEMA Region IV
Address 1 2501 Principal Row
Address 2
City Orlando
State FL
Zip 32837
Email Hector.Rivera@dhs.gov
Is the application pre parer the Point of Contact? No
Prefix
First Name
Middle Initial
Last Name
Title
Agency/Organization
Address 1
Address 2
City
State
ZIP
Point of Contact Information
Ms.
Usa
Tennyson
https://isource.fema.net/emmie/ dispatchDestination.do ?menuTile=&topTile=dsHeader&b... 09/25/2009
Federal Emergency Management Agency E-Grants
Page 2 of 11
Phone 305-292-4444
Fax 305-292-4515
Email tennyson-lisa@monroecounty-f1.gov
Alternate Point of Contact Information
Prefix Ms.
First Name Tina
Middle Initial
Last Name Boan
Title Senior Budget Director
Agency/Organization Monroe County
Address 1 1100 Simonton Street
Address 2
City Key West
State FL
---
ZIP 33040
Phone 305-292-4472
Fax 305-292-4515
Email boa n-tina@monroecounty-f1.gov
Project Description
Disaster Number: 1785
Pre-Application Number: PA-04-FL-1785-RPA-0065
Applicant 10: 087-99087-00
Applicant Name: MONROE (COUNTY)
Subdivision:
Project Number:
Standard Project Number/Name: 199 - Debris Removal
Please Indicate the Project Type: Neither Alternate nor Improved
Project Title: HRMC17A Debris Removal- Monitoring
Category: A.DEBRIS REMOVAL
Percentage Work Completed? 0.0%
As of Date: 10-30-2008
Comments
12-16-2008 - As described in 44 CFR 13.43, applicant must maintain all work-related records for a period of five
(5) years from applicant closure (final payment), all records relative this project worksheet are subject to
examination and audit by the State, FEMA and the Comptroller General of the United States and must reflect work
related to disaster specific costs. AS/OS
Attachments
Damage Facilities (Part 1 of 2)
Facility Site
Facility Name Address County City State ZIP Previously Action
Number Damaged?
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Debris Removal-Monitoring County Wide
. Comments ~~~U..,,~~~~~~~~~0~~;'~~~i~~M::,{~;~tJ::;:j~;r%i~~~f::{:~,~.~
......_-----_.__.._.-----_.__.~.-..,~..,.y".. ",..~.,,~.,-----_._....._--_._._-_....._-
.i,r{:~i~~.' ,.- -.'
:Facility Name:
I Address 1:
'Address 2:
County: '"
i-~~-----:----.~-
,City:
State:
"ZIP:
)>j
~-t?~
,f
11\
; Was this site previously d~maged?
: Location: ~.
>-
? ~
,j:l'
: ,~
W
Damage Description and Dimensions:
087-99087-00 Monroe County
087-99087-00 Monroe County
THIS IS NOT A PA PILOT PROGRAM PW. During the incident period of
. Aug/18/08 through Sep/12/08 high winds and excessive rain from Tropical
Storm Fay caused damage across Monroe County, Florida. These
powerful winds and heavy rains generated mixed storm debris throughout
coastal areas of the county. The removal and disposal of storm debris on
coastal areas located in the county's boundary that is a threat to public
health and safety falls under the responsibility of the county. From Key
West to Marathon approximately 45,000 lobster traps were dislodged from
their anchorage as a result of tropical storm Fay. Also the storm deposited
debris in canals within the applicant's jurisdiction. ***********SCOPE OF
WORK STARTS HERE*************WORK TO BE COMPLETED:
The Applicant will hire DRC Emergency Services LLC., services to remove i
45,000 lobster traps dislodged from their anchorage and deposited on I
coastal areas by tropical storm Fay. Also contracted with Beck Disaster
Recovery Inc. to monitor. The applicant estimates the cost associated with
the lobster trap monitoring debris removal $163,370.00.
The applicant estimates the cost associated with the lobster trap removal
is $1,779,900.00 Notes:1. This project worksheet is an estimate only. No
invoices or other supporting documentation has been provided: Therefore,
close scrutiny is required of the project closeout office prior to a final
determination of reimbursement eligibility. 2. The lobster traps dislodged
from their anchorage and their anchor line pose an immediate threat to
navigation and recreational use of the county's coastal waters and canals.
3. The Applicant Monroe County has already in place a contract with Beck
Disaster Recovery Inc. for debris monitoring. This contractor was used by
the Applicant in previous disaster for debris monitoring process. 4. Copy of
debris monitoring contract is included in backup documentation in this
project worksheet. 5. Schedule of hourly Labor rates for monitoring field
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Rate Total Hours
Trap Removal
Project Manager
75.0 $ 8,625.00
Data Manger
33.0 $ 3,135.00
Field Supervisor
80.0 $ 8,320.00
Disposal Monitor
160 $ 12,000.00
Collection Monitor
2,120 $110,240.00
Administrative
10.0 $ 350.00
Total Labor
Scope of Work:
$142,670.00
Estimated Expenses 7.50%
$10,700.25
Estimated Boat Rental Costs
$ 10,000.00
Grand Total
$163,370.25
Estimated Cost
$115.00
$ 95.00
$ 65.00
$ 52.00
$ 52.00
$ 35.00
7. "The sub grantee is requesting direct administrative costs that are
directly chargeable to this specific project. Associated eligible work is
related to administration of this PA project only and in accordance with 44
CFR part 13.22. These costs are treated consistently and uniformly as
direct costs in all Federal Awards and others sub grantee activities and are
not included in any approved indirect cost rates."
8. Project specialist has reviewed information received from the Applicant
and found it to be accurate and reasonable.
9. The Applicant has been briefed that all federal, state, and local
procedures and regulations must be followed.
10. Upon completion, this site will be returned to its original design,
function and capacity within the original footprint.
11. The applicant is responsible for obtaining all local, state and/or federal
permits as they may apply to this project.
GIS Coordinates
Latitude
24.56233
Project Location
; County Wide
Longitude
-81.79851
Special Considerations
1. Does the damaged facility or item of work have insurance coverage and/or is it an insurable No
risk (e.g., buildings, equipment, vehicles, etc)?
2. Is the damaged facility located within a floodplain or coastal high hazard area and/or does it No
have an impact on a floodplain or wetland?
3. Is the damaged facility or item of work located within or adjacent to a Coastal Barrier No I
Resource System Unit or an Otherwise Protected Area? J
4. Will the proposed facility repalrs/reconstruction change the pre-disaster conditions (e.g., No
footprint, material, location, capacity, use of function)?
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5. Does the applicant have a hazard mitigation proposal or would the applicant like technical
assistance for a hazard mitigation proposal?
I 6. Is the damaged facility on the National Register of Historic Places or the state historic listing? No
Is it older than 50 years? Are,there more, similar buildings near the sit~?
7. Are there any pristine or undisturbed areas on, or near, the project site? Are there large tracts
I of forestland?
: 8; Are there any hazardous materials at or adjacent to the damaged faciOty and/or item of work?
: 9. Are there any other environmental or controversial issues associated with the damaged facility
and/or item of work? "
: Attachments
User Date
No
Mitigation section is not applicable for your project category.
Cost Estimate
I Is this Project Worksheet for
i (Preferred) Repair
I Se u e Code Material. a~d/or
q enc Descnptlon
00001
2 ,9001 Contract 1
i
Direct
3 9901 Administrative 1
'Costs (Subgrantee)
4 9999 I Estimate To Perfom
Monitor Work
Sequence Code
Unit Price
Subgrant Cost
Budget Class Estimate
Total Cost: $ 0.00
Action
Total Cost Estimate:
(Preferred Estimate Type + InsuranCe Adjustments)
$ 1,943,372.96
Comments
Attachments
User
Date
Document
Type
Description
Hard Copy File Reference
File Name Action
-~
! ANTHONY 12-18- Calculation
; SAWNEY 2008 j Sheet
HRMC17A
Direct Admin
087 -99087 -00 Monroe County
HRMC17A Direct
Admin Cost View
Sheet.pdf(137.96
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r-
kb)
D
Cost Sheet
Insurance Type I Policy No. I
Existing Insurance Information
Bldg/Property I Content I Insurance I
Amount Amount Amount
Deductible
Amount
I Years
Required
Comments
Attachments
Name of Section
Comments and Attachments
Comment
Attachment
Project Description
HRMC17A S.ubgr;;mt
Application
Revised,pdt
HRMC17A
Agreement.pdf
Bundle Reference # (Amendment #)
SU_!'ilnt A,."liciltien - FEMA Ferm !'-!1
Note: The Effective Cost Share tor this application is 75%
FEDERAL EMERGENCY MANAGEMENT AGENCY
PROJECT WORKSHEET
PAPERWORK BURDEN DISCLOSURE NOTICE
O.M.B. No. 1660-0017
Expires: 10/31/2008
Public reporting burden for this form is estimated to average 90 minutes per response. The burden estimate includes the time for reviewing
instructions, searching existing data sources, gathering and maintaining the needed data, and completing, reviewing, and submitting the form.
You are not required to respond to this collection of information unless a valid OMB control number appears in the upper right hand comer of
this form. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing the burden to: Information
Collections Management, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, Paperwork Reduction Project
(3067-0151). Submission of the form is required to obtain benefits under the Public Assistance Program. NOTE: Do not send your completed
form to the above address.
PA ID NO.
087-99087-00
DATE
12-18-2008
CATEGORY
A
WORK COMPLETE AS OF
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Federal Emergency Management Agency E-Grants Page 7 of 11
Debris Removal-Monitoring 110-30-2008 : 0 %
APPLICANT: MONROE (COUNTY) 1
LOCATION: County Wide
I COUNTY: Monroe
DAMAGE DESCRIPTION AND DIMENSIONS
I LATITUDE:
24.56233
I LONGITUDE: -
181.79851
THIS IS NOT A PA PILOT PROGRAM PW. During the incident period of Aug/18/08 through Sep/12/08 high winds
and excessive rain from Tropical Storm Fay caused damage across Monroe County, Florida. These powerful
winds and heavy rains generated mixed storm debris throughout coastal areas of the county. The removal and
disposal of storm debris on coastal areas located in the county's boundary that is a threat to public health and
safety falls under the responsibility of the county. From Key West to Marathon approximately 45,000 lobster traps
were dislodged from their anchorage as a result of tropical storm Fay. Also the storm deposited debris in canals
within the applicant's jurisdiction. ***********SCOPE OF WORK STARTS HERE*************WORK TO BE
COMPLETED:
The Applicant will hire DRC Emergency Services LLC., services to remove 45,000 lobster traps dislodged from
their anchorage and deposited on coastal areas by tropical storm Fay. Also contracted with Beck Disaster
Recovery Inc. to monitor. The applicant estimates the cost associated with the lobster trap monitoring debris
removal $163,370.00.
The applicant estimates the cost associated with the lobster trap removal is $1,779,900.00 Notes:1. This project
worksheet is an estimate only. No invoices or other supporting documentation has been provided. Therefore,
close scrutiny is required of the project closeout office prior to a final determination of reimbursement eligibility. 2.
The lobster traps dislodged from their anchorage and their anchor line pose an immediate threat to navigation and
recreational use of the county's coastal waters and canals. 3. The Applicant Monroe County has already in place a
contract with Beck Disaster Recovery Inc. for debris monitoring. This contractor was used by the Applicant in
previous disaster for debris monitoring process. 4. Copy of debris monitoring contract is included in backup
documentation in this project worksheet. 5. Schedule of hourly Labor rates for monitoring field can be found on
contract Attachment B.6. The cost associated with monitoring of the debris operations is derived from Applicant's
estimate. The applicant's estimate is based on the following breakdown:
SCOPE OF WORK
Rate
Trap Removal
Project Manager
Data Manger
Field Supervisor
Disposal Monitor
Collection Monitor
Administrative
Total Hours
Estimated Cost
$115.00
$ 95.00
$ 65.00
$ 52.00
$ 52.00
$ 35.00
Total Labor
Estimated Expenses
Estimated Boat Rental Costs
7.50%
Grand Total
75.0
33.0
80.0
160
2,120
10.0
$ 8,625.00
$ 3,135.00
$ 8,320.00
$ 12,000.00
$110,240.00
$ 350.00
$142,670.00
$10,700.25
$ 10,000.00
$163,370.25
7. "The sub grantee is requesting direct administrative costs that are directly chargeable to this specific project.
Associated eligible work is related to administration of this PA project only and in accordance with 44 CFR part
13.22. These costs are treated consistently and uniformly as direct costs in all Federal Awards and others sub
grantee activities and are not included in any approved indirect cost rates."
8. Project specialist has reviewed information received from the Applicant and found it to be accurate and
reasonable.
9. The Applicant has been briefed that all federal, state, and local procedures and regulations must be followed.
10. Upon completion, this site will be returned to its original design, function and capacity within the original
footprint.
11. The applicant is responsible for obtaining all local, state and/or federal permits as they may apply to this
project.
Does the Scope of Work change the pre-disaster conditions at the site? rYes f7 No
Special Considerations included? rYes r No
I Hazard Mitigation proposal included?
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I rYes f7 No
Is there insurance coverage on this facility? rYes F No
PROJECT COST
ITEM CODE NARRATIVE QUANTITY/UNIT UNIT PRICE COST
1 0000 Work to be OILS $ 0.00 $ 0.00
Completed
2 9001 Contract 1/LS $ 1,779,900.00 $ 1,779,900.00
3 9901 Direct Administrative 1/LS $ 102.96 $ 102.96
Costs (Subgrantee)
4 9999 Estimate To Perfom 1/LS $ 163,370.00 $ 163,370.00
Monitor Work
TOTAL COST $ 1,943,372.96
PREPARED BY Hector L Rivera TITLE P. A. Project Specialist SIGNATURE
APPLICANT REP. Lisa Tennyson TITLE Grants Administrator SIGNATURE
MONROE (COUNTY): PA-04-FL-1785-PW-00594
... - - . ~. . --. ~._._-
Conditions Information
Review Name . Condition Type' Condition Name : Descrlpt~~ - --- - , Monitored:
I :I-per FDE-P e-mail on 7/13/2009: If r-
the applicant must cut the
I I mangrov~. trees to re~o~e traps,
i I Coastal Zone ,then additional coordination may
i EHP Review Other (EHP) : Management Act I be necessary with FDEP. Work
1 r (CZMA) cannot trespass on a state park
I land any work within a state park
1- :would require coordination with
ithat parks manager.
I --- - r--- --.---- ~ --~- - : Applicant'l; responsible -fo~- - -
Ii obtaining any required FL DEP
i '
i ,permits/waivers. Compliance with
I ' . Coastal Zone : FDEP requirements constitutes
: EHP Review 'Other (EHP) , Management Act I compliance with Florida CZM.
(CZMA) ! Failure to obtain applicable
. permits may jeopardize funding.
Copies of permits may be
required at project close-out.
.. --l
Status
No
I Recommended
I
i
-j
No
Recommended!
,STANDARD MANATEE
CONDITIONS FOR IN-WATER
WORK July 2005 The permittee
shall comply with the following
conditions intended to protect
, manatees from direct project
effects: a. All personnel
associated with the project shall
be instructed about the presence
lof manatees and manatee speed
,zones, and the need to avoid
II collisions with and injury to
,manatees. The permittee shall
!advise all construction personnel
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;
i
i
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I
I
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,
I
EHP Review iOther (EHP)
I
,
I
1
i
! Endangered
Species Act
(ESA)
Page 9 of 11
lthat there are civil and criminal
1 penalties for harming, harassing,
lor killing manatees which are
I protected under the Marine
. Mammal Protection Act, the
I Endangered Species Act, and the
I Florida Manatee Sanctuary Act. b.
" All vessels associated with the
Iconstruction project shall operate
at "Idle Speed/No Wake" at all
times while in the immediate area
land while in water where the draft
. of the vessel provides less than a
four-foot clearance from the
bottom. All vessels will follow
routes of deep water whenever
possible. c. Siltation or turbidity
barriers shall be made of material
I in which manatees cannot
Ibecome entangled, shall be
I properly secured, and shall be
regularly monitored to avoid
manatee entanglement or
entrapment. Barriers must not
impede manatee movement. d.
All on-site project personnel are
responsible for observing water-
related activities for the presence
of manatee(s). All in-water
operations, including vessels,
must be shutdown if a manatee(s)
comes within 50 feet of the
operation. Activities will not
resume until the manatee(s) has
moved beyond the 50-foot radius
of the project operation, or until
130 minutes elapses if the
Imanatee(s) has not reappeared
IWithin 50 feet of the operation.
,Animals must not be herded away
jlor harassed into leaving. e. Any
lcollision with or injury to a
i manatee shall be reported
'I immediately to the FWC Hotline
,at 1-888-404-FWCC. Collision
land/or injury should also be
I reported to the U.S. Fish and
Wildlife Service in Jacksonville (1-
904-232-2580) for north Florida or
Vero Beach (1-561-562-3909) for
south Florida. f. Temporary signs
Iconcerning manatees shall be
Iposted prior to and during all in-
Iwater project activities. All signs
are to be removed by the
II permittee upon completion of the
project. Awareness signs that
have already been approved for
Ithis use by the Florida Fish and
j!Wildlife Conservation
Commission (FWC) must be
I
No
I Recommended
I
I
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Federal Emergency Management Agency E-Grants
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I ,
- ~~~._[
I Endangered
EHP Review Other (EHP) Species Act
(ESA)
_.._ _.._ _.1._.__ ____.
EHP Review
EHP Review
I
i
I
i EHP Review
I
i
I
I
I
; EHP Review
i
I
I
i
I
~._~~.~~-~ - .
Other (EHP)
Other (EHP)
; Other (EHP)
Other (EHP)
! used. One sign measuring at
I least 3 ft. by 4 ft. which reads
i Caution: Manatee Area must be
I posted. A second sign measuring
iat least 81/2" by 11" explaining
the requirements for "Idle
Speed/No Wake" and the shut
down of in-water operations must
I be posted in a location
prominently visible to all
I personnel engaged in water-
related activities.
.j FEMA and State EHP request to --I
I have an opportunity to review any N
'I final plans prior to work being , 0
conducted. I
__,,__J___._ _l___~
Ilf ground disturbing activities
I occur during construction,
: applicant will monitor ground
i disturbance and if any potential
'I' archeological resources are
discovered, will immediately
I cease construction in that area
and notify the State and FEMA.
'Applica,;ti~-~quiredtopub~l- --..--
final notice of decision to perform
work within the floodplain per 44
. CFR Part 9, Executive Order
! 11988: Floodplain Management
i8-step process. The public notice
I'ShOUld include location, brief
description of work and that
! project is functionally dependent
on location within the floodplain.
The notice should run at least 15-
days prior to start of work.
,Documentation of the notice and
:copies of any public feedback
· may be required at project
, closeout.
! Any change to the approved
: scope of work will require re-
i evaluation for compliance with
. NEPA and other Laws and
: Executive Orders.
; This review does not address all
'federal, state and local
IreqUirements. Acceptance of
ifederal funding requires recipient
ito comply with all federal, state
and local laws. Failure to obtain
all appropriate federal, state and
local environmental permits and
clearances may jeopardize
jfederal funding.
Standard
Condition #3
I
I Executive Order
11988 -
Floodplains
I
i
I
I
I Standard
: Condition #1
I
, Standard
: Condition #2
i Magnuson-
: Stevens Fishery
Page 10 of 11
I ,
I~~-i
(e~omm:nded !
No
Recommended
No
I Recommended i
I i
l ~ _.~.______.
:
,
,
i
I
--~~ ~~~...
I
I
No
I I
i Recommended i
I
,Applicant is responsible for
obtaining any required
permits/waivers from the Florida
, Keys National Marine Sanctuary
No
, .
: Recommended I
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EHP Review ,Other (EHP)
._--~
Conservation 'I prior to any work starting.
and Management Compliance with permiUwaiver
Act (MSA) : requirements constitutes I No . R d d
I compliance with MSA. Copies of ! I ecommen e 1
: permits and correspondence may I I
~ required at project close-out. I ._____~ I
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#5'
AMENDMENT TO AGREEMENT
BETWEEN DRC EMERGENCY SERVICES LLC
AND MONROE COUNTY, FLORIDA
THIS AMENDMENT TO AGREEMENT is made and entered into this 19th day of August, 2009
between Monroe County Board of County Commissioners (hereinafter "COUNTY" or "BOCC") and ORC
Emergency Services, LLC (hereinafter "ORC").
WHEREAS, the parties entered into a non-exclusive agreement on September 20, 2006, for removal
of hurricane debris including lobster traps, canal debris, and marine debris including abandoned/derelict
. vessels; and
WHEREAS, the Agreement allows for five (5) additional one (I) year extensions on the same terms
and conditions with approval from the BOCC; and
WHEREAS, this Agreement was extended for one year commencing on September 20, 2007 and
again on September 20, 2008; and
WHEREAS, it is deemed in the interest of the health, safety, and welfare of the general public to
extend this Agreement in order to remove vessels and other debris that may be generated by future storm
events or other natural disasters;
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein the parties agree
to as follows:
I. Section 1.2 of the September 20,2006 agreement is hereby amended as follows:
This Agreement shall be extended for the year September 20, 2009 through September 19, 20 10.
2. The remaining provisions of the agreement dated September 20, 2006, not inconsistent herewith,
remain in full force and effect.
Remainder of page intentionally left blank
Signature page to follow
ORe Amendment 8-4-2009
. ..
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above
written.
(SEAL)
AITEST: DANNY L. KOLHAGE, CLERK
~~C.-" ~C/Y\-t:v
Deputy Clerk
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DRe Amendment 5-22-2009
BOARD OF COUNTY COMMISSIONERS
;J::,NROE COUN1Y, FLORIDA
--."t.('. 'n-.,.q...
ayor/Chairman
DRC EMERGENCY SERVICES LLC
::~~
Title: (' . 0 . () .
2
4'1
A~NDMENTTOAGREEMENT
BETWEEN DRC E~RGENCY SERVICES LLC
AND MONROE COUNTY, FLORIDA
THIS AMENDMENT TO AGREEMENT is made and entered into this 17th day of September,
2008, between Monroe County Board of County Commissioners (hereinafter "COUNTY" or "BOCC") and
DRC Emergency Services LLC (hereinafter "DRC").
WHEREAS, the parties entered into a non-exclusive agreement on September 20, 2006, for removal
of hurricane debris including lobster traps, canal debris, and marine debris including abandoned/derelict
vessels; and
WHEREAS, the Agreement allows for five (5) additional one (1) year extensions at the same tenns
and conditions with approval from the BOCC; and
WHEREAS, the Agreement was amended in September of 2007 to extend the Agreement for an
additional year to provide for removal of remaining hurricane debris including the Lady Luck casino boat;
and
WHEREAS, it is deemed in the interest of the health, safety, and welfare of the general public to
extend this Agreement in order to remove vessels and other debris that may be generated by future storm
events or other natural disasters; now therefore
IN CONSIDERA nON of the mutual covenants contained herein the parties agree to as follows:
I. Section 1.2 of the September 20, 2006 agreement is hereby amended as follows:
This Agreement shall be extended for the year September 20,2008 through September 19,2009.
2. Section 3.5 of the September 20,2006 agreement is h"ereby amended as follows:
All invoices shall be delivered to:
Richard Jones, Marine Resources Senior Administrator
Division of Growth Management
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
3. Section 23 of the September 20,2006 agreement, provision for notice to County, is hereby amended to
provide notice to:
Mr. Richard Jones
Marine Resources Senior Administrator
Division of Growth Management
2798 Overseas Highway, Suite 420
. Marathon, Florida 33050
Mr. Roman Gastesi
County Adminis1rator
1100 Simonton Street
Room 2-205
Key West, Florida 33040
ORe Amendment 7-28-08
1
4. The remaining provisions of the agreement dated September 20,2006, not inconsistent herewith,
remain in full force and effect.
.' IN'~SS WHEREOF, the parties have set their hands and seal on the day and year first above
written. '
BOARDOFC~~~~~~ONERS
~M~A
Mayor/Chairman
2.
Print Name:
"-
3: .....
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DRe Amendment 7-28-08
2
1-3
AMENDMENT TO AGREEMENT
BETWEEN DRC EMERGENCY SERVICES LLC
AND MONROE COUNTY, FLORIDA
THIS AMENDMENT TO AGREEMENT is made and entered into this 19th day of September,
2007, between Monroe County Board of County Commissioners (hereinafter "COUNTY" or "BOCC'') and
DRC Emergency Services LLC (hereinafter "DRC").
WHEREAS, the parties entered into a non-exclusive contract on September 20, 2006, for removal of
hurricane debris including lobster traps, canal debris, and marine debris including abandoned/derelict
vessels; and
WHEREAS, the Agreement dated September 20, 2006, has a natural expiration date of September
19, 2007, with options for five consecutive one-year extensions; and
WHEREAS, there is still one major vessel rendered derelict by Hurricane Wilma during the 2005
season, and possibly other unidentified vessels requiring removal; AND
WHEREAS, it is deemed in the interest of the health, safety, and welfare of the general public to
extend this contract in order to remove the vessels and other debris remaining in the marine environment
from the 2005 hurricane season; now therefore
IN CONSIDERATION of the mutual covenants contained herein the parties agree to as follows:
1. Section 1.2 of the September 20, 2006 agreement is hereby amended by adding the following sentence:
"This Agreement shall be extended for the year September 20,2007, through September 19,2008."
2. Section 3.5 of the September 20,2006 agreement is hereby amended to read:
"All invoices shall be delivered to:
Mr. Rich Jones
Division of Growth Management
Planning Department
2780 Overseas Highway, Suite 420
Marathon, Florida 33050."
3. Section 23 of the September 20,2006 agreement, provision for notice to County, is hereby amended to
read:
"Mr. Rich Jones
Division of Growth Management
Planning Department
2780 Overseas Highway, Suite 420
Marathon, Florida 33050
Mr. Thomas Willi
County Administrator
1100 Simonton Street
Room 2-205
Key West, Florida 33040"
DRC Amendment 9-19-07
4. The remaining provisions of the agreement dated September 20,2006, not inconsistent herewith,
remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above
written.
(SEAL)
ATTEST: DANNY L. KOLHAGE. CLERK
ihaLQ Q. CwX1~
Deputy Clerk '
Attest:
Witne
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DRC Amendment 9-19-07
BOARD OF COUNTY COMMISSIONERS
OF~lr~RIDA~
Mayor/Chairman
ORC EMERGENCY SERVICES LLC
B~~~
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Title: C. . 0 . 0 I
MONROE COUNTY ATTO
EO AS TO
~ ("Amendment 2") to the Agreement ("Agreement") nuuIe and entered into this
~day of ~;;;;t:... 7JlO7 by ~ bdW~ MONROE coUNTY. a politi~ su~
of the Stale of Florida. whose adcJress IS 1100 Sunonton Sueet. Key west, Flonda, 33040. rts
suc;<:e8SOtS and assigns, bereinafte< ",fcrre<\ to as .COUNTY" through the M,omoe County
Board of County c:ommissioners ("BOCC"). and DRC EMERGENCY SERVICES LLC. a
limited 1i8bility OODlpany organized under the laws of A\abalD8, authorized to transact busineSS
in the Stale of Florida, its successors and assigllS. bereinafte< refem:d to as "DRC". The won!
"parties" shall refer to both ORC and COUNTY.
AMENDMENT 2 TO
AGREEMENT BETWEEN
DRC EMERGENCY SERVICES LLC
AND
MONROE coUNTY, FLORIDA
FOR PROFESSIONAL SERVICES
wmREAS. DRC was awarded a contrael for emergency disaster -- for the removal of
marine debris. jnc\uding 10- 1IllP8o cana1 debriS, marine debris including aban<IonedIdcrelict
vessels, and other derelict vessels related to the impacts ofhurricanCSj and
wmllEAS. the Agreement b- the parties provides fur negotiation of additional termS and
conditions; and
wmREAS. through negotiation. the parties have agreed that to amend the contrael to allow fur
direct bining to the County of tipping fees ftom the !inaI disposal sites incurred during Hurricane
Wilma;
NOW. THEREFORE. in consideration of the mutual promi- covenmrts and agreements
stated bmein. and for other good and valnaI>le consideration. the sufficiency of wbicl1 is hereby
acknowledged, COUNTY and DRC agree as follows:
Section 1.
amend for last fu11sentence under Exhibit B. Fee Scbedule for Marine Trap. Vessel. Cana1
Scope. The COUNTY and DRC, for the consideration named agree to
Clean-up, Marine debris and derelict vessels to read:
"For _ Wilma. October 2005. fina\ dlsposol ..... w... cIolignOleclto be the - si'" -...,s
by tho Solid W_ ~ ~ ofMD- CountY. Tipping foes iocuaod by the ~
of Marine Resources under this contraCt with ORe ere a direct cost to the Dep81't1neDt of Marine
~: the Solid W_ ~ DcportmODt sball be psi<! in full in ...- by the -"" of
Marine Resources, utilizing funds appropriated through FEMA Project Worksheet No. 9107. for those
tippmg _ iocuaod ..... October 2005 twl tbn>Ullb complclion of the _. The ~ of
MarinClleoOUfC"S sbaIl """"tude aoy doc........... to _Hsh tms payment in fun by AugUallO.
2007. in order to finalize Hurricane Wilma cleanup,
BC070MO DIC Cntrct Amnd Z
7/11 / '1.007 11:04:00 AM
In the future tipping fees from final disposal of all cauallwaterway debris shal1 be brought by DRC to
designated final disposal facilities on the mAinland. Any pass through costs shall be detennined upon
designation of final disposal facilities on the mainland. No payments will be made to DRC until the
detennination of the disposal sites and the cost bas been included in this contract by amendment. The term
pass through refers to the fact that the County will not be charged more than the actual cost of disposal at
the mainland disposal site. DRC agrees not to dispose of any cana1Iwaterway debris in Monroe County, all
disposal shall be a designated disposal sites on the mainland."
Section 1.
Effective Date. The effective date of this Contract Amendment is upon
signature by both parties. The termination date is established in the Contract to which this is
an amendment.
SecdOD 3.
Contract Otherwise VDchanged. In all other aspects, the Contract
remains unchanged and in full force and effect. ~
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IN WITNESS WHEREOF each party hereto has caused this Agreement to be~~ed ~ its~
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duly authorized representative. ..; ~ 1:- -a g
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BOARD OF COUNTY
COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~lJt~
Attest: DANNY L. KOLHAGE, CLERK
G~
Deputy Clerk
AUG 1 5 2007
Date:
By:
Mayor Mario Di Gennaro
AUG 1 5 Zool ,
Date:
ORC Emergency Services LLC
BY:~
Authorized to Sign for Corporation
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Print Name
------
Date:
,-l:J;..I)/
Date:
7-J3- 07
BC070840 DRe Cntrot Amnd 2
7/11/2007 11:04:00 AM
AMENDMENT 1 TO
AGREEMENT BETWEEN
DRC EMERGENCY SERVICES LLC
AND
MONROE COUNTY, FLORIDA
FOR PROFESSIONAL SERVICES
Thi~endm~~dment 1 ")to the Agreement ("Agreement") made and entered into this
~day of 2006 by and between MONROE COUNTY, a political subdivision
of the State of Florida, whose address is 1100 Simonton Stree4 Key West, Florida, 33040, its
successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board
of County Commissioners ("BOCC"), and DRC EMERGENCY SERVICES LLC, a limited
liability company organized under the laws of Alabama, authorized to transact business in the
State of Florida, its successors and assigns, hereinafter referred to as "DRC". The word ''parties''
shall refer to both DRC and COUNTY.
WHEREAS, DRC was awarded a contract for emergency disaster response for the removal of
marine debris, including lobster traps, canal debris, marine debris including abandoned/derelict
vessels, and other derelict vessels related to the impacts ofhwricanes; and
WHEREAS, the Agreement between the parties provides for negotiation of additional expenses
for the removal of vessels of special consideration; and
WHEREAS, through negotiation, the parties have agreed that seven (7) vessels warrant the
expenditure of additional funds;
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and DRC agree as follows:
Section 1.
Scope. The COUNTY and DRC, for the consideration named agree to
amend Exhibit B 1, Fee Schedule for Marine Trap, Vessel, Canal Clean-up, Marine debris and
derelict vessels to include the identification of seven (7) vessels of special consideration,
attached to this Amendment as Exhibit B 1.
SeedOD 2.
Payment. Payment for these seven (7) vessels of special consideration
will be at a rate ofS350.oo per foot measured in a single line from the point (or center) of the
BC0611SO DRC Cntrct Amnd 1
7/11/2007 9:33:43 AM
bow to the center of the stern. These vessels are not considered salvageable and will be
removed to the Monroe County waste transfer station for ultimate disposal.
Section 3.
Effective Date. The effective date of this Contract Amendment is upon
signature by both parties. The termination date is established in the Contract to which this is
an amendment.
Section 4.
Contract Otherwise Unchanged. In all other aspects, the Contract
remains unchanged and in full force and effect.
IN WITNESS WHEREOF each party hereto has caused this Agreement to be executed by its
duly authorized representative.
Date: November 15. 2006
Date: 7'" 1.3 . fJl
BC061180 ORe Contract
10/31/20068:50:00 AM
BOARD OF COUNTY
COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: ~~~
Mayor 0"&"61 "S(l.1,I Iy" Mw8u1~ g
Mario Di Gennaro ~o~
Date: November 15. 2006 ~~=<
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Print Name
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EXHIBIT Bl
ADDENDUM
FEE SCHEDULE FOR MARINE TRAP, VESSEL, CANAL CLEAN-UP,
MARINE DEBRIS AND DERELICT VESSELS
Description ID No. Latitude Lonsritude Approx. Len2th
Fero Cemment 153.01 24.57290 -80.78797 45'
Sailboat - "Shanti" 46 24.58503 -80.70628 20'
Sailboat 49.01 24.58545 -80.71260 20'
Sailboat 242 24.58282 -80.70888 20'
Sailboat 157 24.66167 -80.69858 34'
Houseboat 130 24.73232 -80.01402 40'
Houseboat 232 25.23663 -80.42625 25'
Exhibit Ht DRe
10/31/20068:50:00 AM
AGREEMENT BETWEEN
ORC EMERGENCY SERVICES LLC
AND
MONROE COUNTY. FLORIDA
FOR PROFESSIONAL SERVICES
This Agreement ("Agreemenr) made and entered into this ;-O~ay of _1 J~
2006 by and between MONROE COUNTY, a political subdMsion of the ~t: ~ Florida,
whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and
assigns, hereinafter referred to as "COUNTY, n through the Monroe County Board of
County Commissioners ("eocc.), and ORC EMERGENCY SERVICES llC, a
limited liability company organized under the laws of Alabama, authorized to transact
business in the State of Florida, its successors and assigns, hereinafter referred to as
"ORC". The word "parties" shall refer to both ORC and COUNTY.
WHEREAS, COUNTY requires professional services as may be required to effect the
removal of hurricane debris including lobster traps, canal debris, marine debris including
abandoned/derelict vessels, and other derelict vessels requested to be removed by
COUNTY; and
WHEREAS, COUNTY has sought a contractor for the project through a Request for
Bids; and
WHEREAS, ORC was awarded the bid over other contenders; and
WHEREAS, ORC represents that it is capable and prepared to provide such services to
COUNTY, and;
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency
of which is hereby acknowledged, COUNTY and ORC agree as follows:
ARTICLE 1 - EFFECTIVE DATE, TERM OF AGREEMENT
1.1 The effective date is the date of this Agreement after execution by all parties,
shaD be retroactive to June 2006.
1.2 The term of the Agreement shall be for a one (1) year period, unless otherwise
terminated as provided herein. COUNTY shall have the option of extending the
Agreement for five (5) additional one (1) year periods at the same terms and conditions
with approval from the SOCC. Increase in compensation shall be available at the time of
approval. Such extension shall be in the form of a written Amendment executed with the
same formality as this Agreement.
ARTICLE 2 - SERVICES TO BE PERFORMED BY ORC
2.1 DRC shall be prepared to respond to any of the following types of events:
Hurricanes, tornadoes, floods, wildfires, 011 spills, mass migration, hazardous materials,
terrorist attacks, Weapons of Mass Destruction (WMD) Incidents disease carrying vector
1
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control, biological and viral threats, fires and explosions, and other natural and man
made events.
2.2 ORC shall perform services stated in the Scope of Work, EXHIBIT A, subject to
subcontracts approved pursuant to Article 10, as may be specifically authorized by
COUNTY. Such authorizations will be referred to as Task Orders. Each Task Order will
set forth a specific scope of services, rate/amount of compensation, estimated
completion date, and other pertinent details of the task being authorized. This clause
does not restrict COUNTY from utilizing Its own work force, labor and/or equipment to
perform said services.
ARTICLE 3 - COMPENSATION
3.1 COUNTY shall pay ORC in accordance with the Fee Schedule EXHIBIT B, which
is attached, hereto and incorporated by reference as part of this Agreement. If needed,
compensation may be negotiated as a lump sum or not-to-exceed amount for any Task
Order containing a task covered by the scope of work of this Agreement but to which the
fee schedule cannot readily be applied.
3.2 DRC shall submit semi~monthly invoices for services rendered. Invoices must
reference the Task Order number. Invoices shall include a statement of progress and
appropriate audit quality detail to satisfy the reasonable requirements of any Federal or
state agency, which may provide potential reimbursement of the costs associated with
this Agreement DRC shall be paid according to the Florida Prompt Payment Act, Florida
Statute 255.0705 - 255.078 subsequent to submission of a complete invoice for services
including the supporting documentation. DRC will be paid for those items not in dispute
and disputed items will be resolved as expeditiously as possible and paid within 30 days
of a resolution.
3.3 If such state or federal agencies require additional explanation or an adjusted
format of the information submitted, DRC will make reasonable and necessary changes
and provide appropriate personnel as required to work and negotiate with such agencies
on COUNTY'S behalf.
3.4 Payment to DRC by COUNTY is not contingent upon COUNTY being reimbursed
by the Federal or state agency. Payment to DRC will be made for any work directed by
COUNTY, which may be determined by Federal and state agencies to be inetigible for
reimbursement. COUNTY IS NOT RESPONSIBLE FOR PAYMENTS TO DRC FOR
WORK NOT DIRECTED BY COUNTY.
3.5 All invoices shall be delivered to:
Mr. George Garrett
Division of Growth Management
Department of Marine Resources
2780 Overseas Highway, Suite 420
Marathon, Florida 33050
3.6 In order for both parties herein to close their books and records, ORC will clearly
state "FINAL INVOICE" on DRC'S finalllast bllling to COUNTY. This certifies that all
2
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services have been properly performed and all charges and costs have been invoiced to
COUNTY. COUNTY, in writing, must agree to such certification.
3.7 COUNTY will retain 10% of the payment under each Task Order unit until such
time as the entire project is completed to COUNTY'S satisfaction.
3.8 COUNTY'S performance and obligation to pay under this contract is contingent
upon an annual appropriation by the BOCC.
ARTICLE 4 - INSURANCE
4.1 ORC shall name COUNTY as additional Insured on COUNTY'S insurance
policies and all other requirements found to be in the best interest of Monroe County as
may be imposed by the Monroe County Risk Management Department. ORC has
provided the COUNTY with a Certificate of Insurance from Gray Insurance Company,
see attached hereto and made a part hereof as "Exhibit C. ORC shall maintain the
insurance as listed on EXHIBIT C.
4.2 Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation
of COUNTY and the ORC in this Agreement and the acquisition'of any commercial
liability insurance coverage, self-insurance coverage, or local govemment liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of
liability coverage, nor shall any contract entered into by COUNTY be required to contain
any provision for waiver.
ARTICLE 5 -STANDARD OF CARE
ORC shall exercise the same degree of care, skill, and diligence in the performance of
the services as is ordinarily provided by a comparable professional under similar
circumstances.
ORC warrants that skilled and competent personnel shall perform all services to the
highest professional standards.
ARTICLE 6 -INDEMNIFICATION
ORC agrees to protect, defend, indemnify, and hold harmless COUNTY, its employees
and representatives, from any and all claims and liabilities, for which COUNTY, its
employees and representatives, can or may be held liable as a result of injury (including
death) to persons or damage to property occurring by reason of any acts or omissions of
ORC, its employees or agents, arising out of or connected with this Agreement.
COUNTY shall not be required to indemnify ORC.
ARTICLE 7 -INDEPENDENT CONTRACTOR
ORe undertakes performance of the services as an independent contractor and shall be
wholly responsible for the methods of performance. COUNTY shall have no right to
supervise the methods used, but COUNTY shall have the right to observe such
performance and shall report to the SOCC regarding the progress, the methods used
and the correctness or incorrectness of said methods.
3
=If
All performance will be in accordance with all applicable state, federal and county
ordinances, rules and regulations, and ORC will be responsible for performance to
obtain the maximum possible reimbursement from applicable agencies.
ARTICLE 8 - NO PLEDGE OF CREDIT
ORC shall not pledge COUNTY'S credit or make it a guarantor of payment of surety for
any contract, debt, obligation, judgment, lien or any form of indebtedness.
ARTICLE 9 - GOVERNMENT TO PRACTICE
ORC represents and warrants that it has and will continue to maintain all licenses,
registrations and approvals required to conduct its business, and that it will at all times
conduct Its business activities in a reputable manner.
ARTICLE 10 - COMPLIANCE WITH LAWS
In performance of its services, ORC will comply with applicable regulatory requirements
including federal, state, county, special district and local laws, rules, regulations, orders,
codes, criteria and standards.
ARTICLE 11 - SUBCONTRACTING
COUNTY reserves the right to accept the use of a sub-contractor by ORC or to reject the
selection of a particular sub-contractor and to review the capabilities of any sub-
contractor to properly perform under this Agreement, unless expressly provided for
therein, such approval shall in no manner or event be deemed to impose any additional
obligation upon the Board. ORC agrees that any contracts it enters into with any
subcontractor shall comply with all of the provisions of this agreement.
ARTICLE 12- FEDERAL AND STATE TAXES
County is exempt from payment of Florida State Sales and Use taxes. The ORC shall
not be exempted by virtue of COUNTY'S exemption from paying sales tax to Its
suppliers for materials used to fulfill its obligations under this contract, nor Is the ORC
authorized to use COUNTY'S Tax Exemption Number in securing such materials. The
ORC shall be responsible for any and all taxes, or payments of withholding, related to
services rendered under this agreement.
ARTICLE 13 - GOVERNMENT'S RESPONSIBILITIES
COUNTY shall be responsible for providing access to all project sites, and proViding
information required by ORC which is available in the files of COUNTY and not restricted
by law, litigation or privilege.
ARTICLE 14 - TERMINATION OF AGREEMENT
COUNTY may terminate this contract for cause with fifteen (15) days notice to ORC.
Cause shall constitute a breach of the obligations of ORC to perform the services
enumerated as ORC'S obligations under this Agreement. Either of the parties hereto
4
-3ff
may terminate this contract without cause by giving the other party sixty (60) days
written notice of its intention to do so.
ARTICLE 15 - GOVERNING LAW AND VENUE
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, COUNTY and ORC agree that venue
will lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida.
ARTICLE 18 - NON..DISCRIMINATlON
COUNTY and ORC 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
ORC agree to comply with all Federal and Florida statutes, and allloesl ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI
of the Civil Rights Act of 1964 (PL 88.352) which prohibits discrimination on the basis of
race, color or national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 USC $S. 1681- 1683, and 1685-1686), which prohibits discrimination on
the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC
s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101. 6107) which prohibits
discrimination on the basis of age; 5) The Orug Abuse Office and Treatment Act of 1972
(PL 92.255). as amended, relating to nondiscrimination on the basis of drug abuse; 6)
The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523
and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42
USC s. et seq.). as amended, relating to nondiscrimination in the sale, rental or financing
of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as
maybe amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Any other nondiscrimination prOvisions in any Federal or state statutes
which may apply to the parties to, or the subject matter of this Agreement
ARTICLE 17 - WAIVER
A waiver by either party of any breach of this Agreement shall not be binding upon the
waiving party unless such waver is in writing signed by authorized person for DRC and
approved by SOCC. In the event of a written waiver, such waiver shall not affect the
waiving party's rights with respect to any other or further breach. The making or
acceptance of a payment by either party with knowledge of the existence of a default or
breach shall not operate or be construed to operate as a waiver of any subsequent
default or breach.
5
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ARTICLE 18 - SEVERABILITY
The invalidity, illegality, or unenforceabllity of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall
in no way affect the validity or enforceability of any other portion or provision of the
Agreement. Any void provision shall be deemed severed from the Agreement and the
balance of the Agreement shall be construed and enforced as If the Agreement did not
contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace and stricken provision with a provision that comes as
close as poSSible to the intent of the stricken provision.
ARTICLE 19 - ENTIRETY OF AGREEMENT
The parties agree that this Agreement sets forth the entire agreement between them,
and that there are not promises or understandings other than those stated herein. This
Agreement supersedes all prior contracts, representations, negotiations, letters or other
communications between COUNTY and ORe pertaining to the services, whether written
or oral. None of the provisions, terms and conditions contained In this Agreement may
be added to, modified, superseded or otherwise altered except by written Instrument
executed by the parties hereto.
ARTICLE 20 - MODIFICATION
This Agreement may not be modified unless such modifications are evidenced in writing
signed by both COUNTY and ORC. Such modifications shall be in the form of a written
Amendment executed by both parties.
ARTICLE 21 - SUCCESSORS AND ASSIGNS. ASSIGNMENT
COUNTY and ORC each binds itself and its partners, successors, assigns and legal
representatives to the other party to this Agreement and to the other party's partners,
successors, assigns and legal representatives.
ORC shall not assign this Agreement without express written approval of the BOCC
executed in the same manner as this Agreement.
ARTICLE 22- OWNERSHIP OF THE DOCUMENTS
Any and all documents, records, disks, original drawings, or other information shall
become the property of COUNTY for its use and/or distribution as COUNTY may deem
appropriate.
ARTICLE 23 - NOTICE
Any notice or demand required or permitted under this agreement shall be in writing and
hand delivered or mailed. postage prepaid, to the other party by certified mail, returned
receipt requested, to the following:
6
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FOR COUNTY:
Mr. George Garrett
Division of Growth Management
Department of Marine Resources
2780 Overseas Highway, Suite 420
Marathon, Florida 33050
AND
Mr. Thomas Willi
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
FOR ORe:
DRC Emergency Services LLC
740 Museum Drive
Mobile, Alabama 36608
Attn: Contract Administrator
Facsimile transmission is acceptable notice and is effective when received so long as
the original of the notice is additionally mailed, postage prepaid, to the other party by
certified mail, returned receipt requested. Notices shall be effective when received at the
addresses as specified above. Changes in the respective addresses to which such
notice is to be directed may be made from time to time by either party by written notice
to the other party.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between the parties or their representatives: however, facsimile
transmissions received (i.e. printed) after 5:00 p.m. or on weekends or holidays, will be
deemed received on the next business day. The original must be additionally mailed.
ARTICLE 24 - AGREEMENT ADMINISTRATION
Services of DRC shall be under the general direction of COUNTY Administrator, or his
designee, who shall act as COUNTY'S representative during the term of this Agreement.
ARnCLE 25 - TASK ORDER/PERFORMANCE
Task Orders shall be executed bilaterally and the scope of services and format of Task
Orders shall be mutually agreed to by DRC and COUNTY. COUNTY shall have the right
to correct for vendor default or underperformance by any means it deems in its best
interest. ORC will be required to provide a weekly report on quantity of work perfonned
under each Task Order.
ARTICLE 26- BONDS
ORC will furnish a performance and payment bond for any and/or all Notices to Proceed.
7
lE
ARTICLE 27 - AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by an necessary County and
corporate action, as required by law.
ARTICLE 28 - CLAIMS FOR FEDERAL OR STATE AID
DRC and COUNTY agree that each shall be, and is, empowered to apply for, seek, and
obtain federal and state funds to further the purpose of this Agreement; provided that all
applications, requests, grant proposals, and funding solicitations shall be approved by
each party prior to submission.
ARTICLE 29 - 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 COUNTY, when performing their respective functions under this
Agreement within the territorial limits of 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 COUNTY.
ARTICLE 30 - 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 COUNTY, except to the extent permitted by the Florida constitution,
state statute, and case law.
ARTICLE 31 - 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 COUNTY and the DRC
agree that neither COUNTY nor DRC 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.
ARTICLE 32 - ATTESTATIONS
ORe agrees to execute such documents as COUNTY may reasonably require, to
include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement.
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~
ARTICLE 33 - 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 personalliabllity or
accountability by reason of the execution of this Agreement.
ARTICLE 34 .. 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.
ARTICLE 35 .. 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.
ITNESS WHEREOF the parties hereto have executed this Agreement on the
~rst written above in four (4) counterparts, each of which shall, without
. ting for the other counterparts, be deemed an original contract.
BOARD OF COUNTY
COMMISS NERS
OF MON OUNTY, FLORIDA
By:
By:
Mayor Charles"
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Date:
Date:
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MONROE COUNTY ATTOR~r';
PPROVED AS 0 FO !2~_:
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EXHIBIT A
SCOPE OF WORK FOR MARINE DEBRIS
Lobster traps, Marine Debris, and Abandoned Vesse1s
Lobster TraD Removal
DRC will be responsible for managing the removal and disposal of lobster traps
destroyed or substantially damaged as the result of the 2005 and subsequent hurricane
seasons within the life of the Agreement; to include the identification of locations in the
water of where significant trap debris exists, working with the Momoe County
Commercial Fisherman (MCCP) or other entities as appropriate to locate, remove, and
dispose or traps, and oversight of field monitoring, and billing for the project.
Detailed Responsibilities:
. DRC will be responsible for locating appropriate Temporary Debris Sites and
Reduction Sites
. ' DRC will provide management and oversight for County designated temporary
debris sites to manage trap line, funnels, and buoys prior to appropriate disposal.
Sites can be at fish houses or commercial fishing related facilities. Disposal sites
for wood and concrete portions of traps will be as follows - various County
designated offshore sites in the Gulf and Atlantic Ocean.
Site In Estimated Depth (F'eet) Latitude Longitude
01 40 24.51244 -82.14985
02 33 24.49513 -81.96367
03 31 2451528 -81.82093
04 28 24.54376 -81.62800
05 40 24.56686 -81.44104
06 43 24.60182 -81.28612
07 39 24.64480 -81.13454
08 27 24.77655 -80.78988
09 14 24.89500 -80.58864
10 23 25.02491 -80.41809
11 26 25.14859 -80.28529
12 34 25.28558 -80.18986
13 20 24.96675 -81.34483
Exhibit A
9/01/06
- 1 -
~
. Determine locations of significant lobster trap debris in an area from Key West to
Key Largo and the Monroe County portion of the "Eighteen Mile Stretch," to
include municipalities. No effort should be made to assess the area within the
bounds of Everglades National Park. Assessment of debris locations should not
extend beyond ~ mile further toward the ocean or gulf from the islands connected
by U.S. highway 1, unless there are known shallow water flat areas which may
harbor trap debris. In addition, a less detailed assessment of the existence of
lobster trap debris should be completed for the area ten miles (plus or minus) west
of Key West.
. Traps to be removed will include only those that have washed up on shallow
water "flats" in the Keys or which otherwise exist in the near shore environment
of the Keys and are tangled with other trap material (trap lines particularly); such
that these traps cannot be construed as being active or functional for "fishing."
· DRC will provide supervision and project oversight as required by FEMAt the
State of Florida, and the County in conjunction with County staff and/or a
monitoring firm employed by the County. Monitoring will include determination
of actual trap removal counts of complete or partial traps and coordination with
FBMA, the State of Florida, or Monroe County for verification of such counts.
Exhibit A
9/01/06
-2-
~
. Momoe County will maintain an independent monitoring team representing the
County as the project applicant.
. DRC will be responsible for the management of all project expenses and billing
documentation as will be required by FEMA, the State of Florida, and the County
. DRC through separate sub-contract(s) will accept the assistance of any other
valid, qualified contractor as needed to assist in this project. DRC reserves the
right to solely determine if the sub-contractor in question is qualified to
participate in this project.
Canal and Near Shore Debris Clean-un
DRC will be responsible for managing the removal and disposal of marine debris in
manmade canals which' has resulted from the impacts of the 2005 and. subsequent
hurricane seasons within the life of the Agreement. Efforts are to include the
identification of locations in the water of where significant marine debris exists,
contracting with local marine contractors to, locate, remove, and dispose or marine
debris, and oversight of field operations for the project.
Detailed Responsibilities:
· DRC will be responsible for locating appropriate Temporary Debris Sites and
Reduction Sites
· Management and oversight of County designated temporary debris sites for
storage of marine debris prior to appropriate final disposal.
· Determine locations of marine debris in manmade canals within an area to include
Key West to Key Largo and the Monroe County portion of the "Eighteen Mile
Stretch," to include the municipalities. The definition ofmanmade canal shall be
that found in the Monroe County Code of Ordinances as follows:
Man-made water body means a water body that was created by excavation by mechanical
means under human control and shall include a canal, cut basin, or channel where its
edges or margins have subsequently been modified by natural forces (See Definitions,
Chapter 9.5-4 (M-4).
(1) For the purposes of this chapter, such water bodies may have natural components, for
instance a channel or canal may have been dredged such that the dredge material was
used to create land on one side, but not the other, thus leaving a relatively natural
shoreline on the opposite side.
(2) Also for the purposes of this chapter, the man-made water body must have
"Buildings," as defined in Chapter 9.5-4 (B-9), along its shoreline to be applicable. If
buildings are not present on a given shoreline on the date of adoption of this ordinance,
but such buildings are constructed at a later date, then this ordinance becomes effective at
that time.
F..xhibit A
9/01/06
-3-
4ff
· Assess total potential volume or appropriate metric Qinear feet of canal, tons, etc.)
for the amount of marine debris likely to be removed and disposed of. Marine
debris should include such material that is visible on or just under the waters
surface and that would cause a hazard to safe navigation or be a potential risk to
human health if not removed. Such marine debris should not be debris attached to
personal property unless permission is provided to remove such debris. An effort
should be made to contact a property owner to obtain permission to remove
material that is obviously debris, but which may be tied or otherwise affixed to
land for reasons of maintaining clear navigation.
· Complete Contracts for Service with local marine contractors to remove debris
from manmade canals located in the project work area.
· DRC will provide supervision for projecJt oversight efforts as required by FEMA
or the Natural Resources Conservation Service (NRCS) (U.S. Department of
Agriculture), the State of Florida, and the County in coordination with County
staff and/or a monitoring firm employed by the County.
· Monroe County will maintain an independent monitoring team representing the
County as the project applicant
· DRC will be responsible for the management of all project expenses and billing
documentation as will be required by FEMA or NRCS, the State of Florida, and
the County
Abandoned Vessel Recovery and DisDosal
DRC will be responsible for managing the removal from the water, impound and auction
or disposal, of abandoned vessels surrounding the Florida Keys which are largely, but not
exclusively, the result of impacts of the 2005 and subsequent hurricane seasons within the
life of the Agreement. Efforts are to include the detailed cost assessment for the removal
of larger vessels which are located in shallow waters and are hard aground. Work will
also include obtaining necessary salvage approvals through applicable state and federal
agencies, including the Florida Keys National Marine Sanctuary, the United States Coast
Guard, the U.S. Fish and Wildlife Service, and the Florida Fish and Wildlife
Conservation Commission.
Detailed Responsibilities:
· DRC will be responsible for locating appropriate Temporary Debris Sites and
Reduction Sites
· Determine current locations of remaining abandoned vessels and determine the
least costly approach for salvage or disposal as appropriate. Maps provided show
approximate location of vessels after Hurricane Wilma. Additional infonnation
may be available concerning their current disposition.
Exhibit A
9/01/06
- 4-
~
· In the event of future storms and similar impacts, staff will work with DRC to
locate and map vessels and other marine debris post each event. Such products
will supplant the maps provided herein.
Exhibit A
9/01/06
- 5-
~
Exhibit A
9/01/06
.;,,~ *1'.
- 6-
.~
. Management and oversight of County designated temporary debris sites for
storage of marine debris prior to appropriate final disposal.
. Assess total potential value of the removal operation whether by means leading to
disposal or by means appropriate for salvage and sale for cost.
. Work with local, state, and federal agencies to approve salvage plans for vessels
that are located on sensitive marine or wetland resources, including shallow water
seagrass areas and mangrove communities.
. Prior to ultimate removal from the marine environment, reach agreement with
local, state, and ~ederal agencies on which abandoned vessels will be "eligible"
under FEMA's eligibility guidelines.
. Prior to ultimate removal from the marine environment, reach agreement on
which vessels will be removed for disposal and which will be removed to a
holding site for cost recovery through sale to an original owner or auction.
· DRC will provide supervision for project oversight efforts as required by FEMA
and the County in conjunction with County staff and/or a monitoring firm
employed by the County.
· Monroe County will maintain an independent monitoring team representing the
County as the project applicant.
. DRC will be responsible for all project oversight where salvage plans have been
applied for and approved and necessary salvage criteria or constraints are imposed
by approving agencies.
· DRC will be responsible for the management of all project expenses and billing
documentation as will be required by FEMA and the County
J:i..xbibit A
9/01/06
-7-
~
EXHIBIT B
FEE SCHEDULE FOR MARINE TRAP, VESSEL, CANAL CLEAN-UP,
MARINE DEBRIS AND DERELICT VESSELS
TraD Debris
Cost Der TraD Removed
Shallow Water (0-2')
Channels (2' plus)
34.20
$ 41.50
1. Concrete and wood will be disposed of at designated sites on the water, thus per unit
cost is based on delivery of material to these sites and not to temporary land based sites
for transportation to a permanent disposal area.
2. Trap line, trap funnels, and buoys are to be disposed of at appropriate land-based
disposal sites.
3. When possible, the Contractor will work with local commercial fisherman and other
capable and interested parties as sub-contractors for this project.
Canal Debris
Costs for Canal Debris Removal
C & D debris removal from canals.
$ 19.58
per linear foot cleaned
Vegetative debris removal from canals.
$ 19.58
per linear foot cleaned
Vessel and Other ODeD Water Marine Debris
Labor and Cost of boat and vessel removal
BoatsN essels retrieved from the land by means of various equipment. No water borne
equipment.
$ 150.00
per linear foot of vessel
Open Boats and Skiffs up to 18 feet in length retrieved from the water by means of
various equipment, including barges, cranes, boats, etc.
Non Salvageable: $ 25.00
per linear foot of vessel
:?If
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19. 2010
Division: Growth Management
Bulk Item: Yes...x..... No
Department: Building
Staff Contact PersonlPhone #: Odalys Mayan X2583
AGENDA ITEM WORDING:
Approval to reappoint Gary Centonze to one (1) additional three (3) year term to the Contractors
Examining Board beginning May 19, 2010.
ITEM BACKGROUND:
The Contractors Examining Board (CEB) voted unanimously to recommend the reappointment of Gary
Centonze at their March 23,2010 meeting.
PREVIOUS RELEVANT BOCC ACTION:
February 18,2004 - Board appointed Mr. Centonze to the CEB
February 21,2007 - Board reappointed Mr. Centonze to the CEB
CONTRACT/AGREEMENT CHANGES: nla
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
nla
INDIRECT COST:
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
AMOUNTPERMONTH_ Year
REVENUE PRODUCING: Yes
No
APPROVED BY: County Arty _ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included x
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
COUNTY OF MONROE
MONROE COUNTY BOARDS AND COMMITTEES
APPOINTMENT INFORMATION
BOARD OR COMMITTEE: Monroe County Contractor's Examining Board
COMMISSIONER APPOINTING MEMBER: BOCC
NAME OF MEMBER:
Gary Centonze - CF C1425735
ADDRESS:
Gary's Plumbing, Ine.
6409 2nd Terrace # L Key West Florida 33040
PHONE NUMBERS WORK (305) 296-6013
HOME: (305) 797-1062 - CELL
DA TE OF APPOINTMENT: February 2004
REAPPOINTMENT: February 2007,
DATE TERM EXPIRES: February 2010
NAME OF PERSON BEING REPLACED: nla
FULFILLING TERM OF: nla
OTHER INFORMATION:
COUNTY OF MONROE -####
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Mav 19. 2010
Division: Growth Management
Bulk Item: Yes....x...- No
Department: Building
Staff Contact PersonlPhone #: Odalvs Mavan x 2583
AGENDA ITEM WORDING:
Approval to re-appoint Steve R. Henson to one (1) additional three (3) year term to the Contractors
Examining Board beginning May 19, 2010.
ITEM BACKGROUND:
The Contractors Examining Board (CEB) voted unanimously to recommend the reappointment of
Steve R. Henson at their March 23,2010 meeting.
PREVIOUS RELEVANT BOCC ACTION:
October 15, 1997 - The Board appointed Mr. Henson to the CEB
October 18, 2000 - The Board reappointed Mr. Henson to the CEB
October 15, 2003 - The Board reappointed Mr. Henson to the CEB
October 18, 2006 - The Board reappointed Mr. Henson to the CEB
May 16, 2007 - The Board reappointed Mr. Henson to the CEB
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
n/a INDIRECT COST:
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No x
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
Not Required_
DOCUMENTATION:
Included x
DISPOSITION:
AGENDA ITEM #
Revised 7/09
COUNTY OF MONROE
MONROE COUNTY BOARDS AND COMMITTEES
APPOINTMENT INFORMATION
BOARD OR COMMITTEE: Monroe County Contractor's Examining Board
COMMISSIONER APPOINTING MEMBER: BOCC
NAME OF MEMBER:
Steve R. Henson - CGC047345 / ENG I 222A
ADDRESS:
Key Iron Works, Inc.
5551 2nd A venue, Key West, Florida 33040
PHONE NUMBERS WORK (305) 294 - 0277
HOME: (305) 304-1088 - CELL
DATE OF APPOINTMENT: October 1997 - Replacing Frank Toppino
REAPPOINTMENT: October 2000, 2003, 2006, and May 2007.
DATE TERM EXPIRES:
NAME OF PERSON BEING REPLACED: n/a
FULFILLING TERM OF: n/a
OTHER INFORMATION:
COUNTY OF MONROE -####
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Mav 19.2010
Division:
Growth Management
Bulk Item: Yes --X- No
Department:
Staff Contact PersonlPhone #: Susan Grimslev
Ext. #2517
AGENDA ITEM WORDING: Approval of Subordination Agreement between Monroe County and
Northstar Resort Enterprises, Inc. for the Lakeview Gardens affordable housing project in Key Largo.
ITEM BACKGROUND: The construction fmancing for the Lakeview Gardens affordable housing
project in Key Largo to be known as Key Lake Villas, will be provided by Wells Fargo Bank and will
be insured by the Office of Housing and Urban Development (HUD). HUD requires as a condition of
the fmancing that the Development Agreement be subordinated to the mortgage loan to be obtained in
the amount of $20,400,000. Due to the current economic conditions the County recognizes that the
HUD insured loan is a viable alternative for the Developer and acknowledges that the only way the
loan will close is if the Development Agreement is subordinated to the financing.
PREVIOUS RELEVANT BOCC ACTION:
March 19,2008- BOCC approved Development Agreement with Northstar Resorts
January 28, 2009 - BOCC approved Consent to Assignment by Northstar Resorts
CONTRACT/AGREEMENT CHANGES: nla
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
nla
INDIRECT COST:
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
nla
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No x
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty --X.... OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included x
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
Prepared by and return to:
Gerald J. Biondo, Esq,
Murai Wald Biondo & Moreno, P.A.
1200 Ponce de Leon Blvd
Coral Gables, FL 33134
SUBORDINATION AGREEMENT
This Subordination Agreement is made and entered into this _ day of 2010 by
and between Monroe County, Florida, a political subdivision of the State of Florida (the "County") and
Northstar Resort Enterprises, Inc., a Florida Corporation ("Developer").
RECITALS
The following recitals are true and correct:
1. On or about March 19, 2008, Developer as Owner of real property legally described on Exhibit A
(the "Real Property") appended hereto and the County entered into a Development Agreement
which is recorded in Official Records Book 2352 at Page 2310 of the Public Records of Monroe
County, Florida (the "Development Agreement").
2. The Developer will bifurcate the Real Property into two separate parcels. One parcel, which is
legally described on Exhibit B will be conveyed to Key Lake Villas LLC, a Florida Limited Liability
Company and will be developed as 110 affordable housing units (the" Affordable Parcel"). The
second parcel which is legally described on Exhibit C will be conveyed to Lakeview Gardens, Key
Largo LLC , a Florida limited liability company which entity will develop the same with up to 13
market rate units ( the "Market Rate Parcel"). A cross access and cross utility agreement will be
placed of record granting cross easements to both parcels.
3. Construction Financing for the Affordable Parcel will be provided by Wells Fargo Bank, which will
be insured by the Office of Housing and Urban Development ("HUD").
4. HUD requires as a condition of said financing that the Development Agreement be subordinated
to the mortgage loan to be obtained in the approximate amount of $20,400,000 from Wells
Fargo Bank.
5. The County recognizes that the mortgage financing is extremely difficult to obtain in today's
economic times and that the HUD insured loan is a viable alternative for the Developer and
further acknowledges that the only way that the loan will close is if the Development Agreement
is subordinated to said financing.
NOW THEREFORE in consideration of Ten Dollars and other mutual considerations, the receipt
and sufficiency of which is acknowledged, the parties agree as follows:
1. Recitals. The foregoing recitals are true and correct.
2. Subordination. The County hereby subordinates the Development Agreement as it affects
the Affordable Parcel to a new loan to be obtained for the development of said real
property in the approximate amount of $20,400,000 from Wells Fargo Bank which mortgage
loan will be insured by HUD and is recorded in Official Records Book _ at Page
. of the Public Records of Monroe County, Florida. Accordingly, the
Development Agreement is expressly subordinate to the aforesaid HUD insured mortgage
on the Affordable Parcel for the construction and use for affordable housing, to any HUD
regulatory agreement placed of record, and subordinate to all applicable HUD mortgage
insurance regulation and administrative requirements. This subordination is not in any way
applicable to the Market Rate Parcel.
3. Change of Ownership. The bifurcation of the Real Property and its conveyance to the
entities as set forth in Recital 2 (two) above is hereby approved and all obligations,
requirements, conditions, permits, rights and entitlements as provided for in the
Development Agreement and other development orders shall remain vested in the
respective entities as successor developers.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed effective
as of the _ day of . 2010.
ATTEST:
Danny L. Kolhage, Clerk
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
Deputy Clerk
Sylvia J. Murphy, Mayor
State of Florida
County of Monroe
The foregoing instrument was acknowledged before me this _ day of
2010 by on behalf of the Board of County Commissioners. He / She is
personally known to me or has produced as identification.
NOTARY PUBLIC, STATE OF FLORIDA
Print Name:
Commission No:
My Commission Expires:
NORTHSTAR
Signatures to follow on separate page
C:\Documents and Settings\jsaunders\Local Settings\Temporary Internet Files\OLKl77E\SUBORDINATION AGREEMENT(3)20100415 (2).doc
Page 2 of 3
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NORTHSTAR R;~
b;
Print Name: ::U/Jllt;s C. S/ltJ L/tJEA.S
State of Florida
County of Monroe
The ,foregoing instrument was acknowledged before me this ;2? day of ltt-)Ytl L.
2010 by :ji'))Y~ C. SA4 r-JJe~l. ~ on behalf of Northstar Resort Enterprises Corp. He / She is
_r has produced as identification.
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NOTARY P IC"STATE OF FLOtlA
Print Nam VI ~C:I1J I A- F 1J;0I::. l L
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Commission No:
My Commission Expires:
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Exhibit A
Original Legal Description used for Development Agreement which is recorded in
Official Records Book 2352 at Page 2310 of the Public Records of Monroe Cou~ty,
Florida.
LE~GAL DESCRIPTION
All that part of Lots 5,12 and 13, in Section 6, Township 61 South, Range 40 East,
which is West of a Line beginning at a point on the center of the South boundary
of Lot 13, and extending straight through the center of Lots 13 and 12 and through
Lot 5, of the Southeast side of MONROE COUNTY ROAD; all said Land being on the
South side of the FLORIDA EAST COAST RAILROAD Right-of-Way, according to the Plat
thereof as Recorded in Plat Book 1, at Page 68, of the Public Records of MONROE
COUNTY, FLORIDA.
TOGETHER WITH
A Portio of Lots twelve (12) and thirteen (13), Section six (6), Township sixty one (61)
South, Range forty (40) East, according to the Survey made by P.F. JENKINS and
Recorded in Plat Book 1, Page 68, of the Public Records of MONROE COUNTY, FLORIDA
and being more particularly described as follows:
Commence at the Southeast corner of said Lot thirteen (13); thence in a Westerly
direction along the South bot:lndary line of said Lo.t thirteen (13), S69"04'38"W a distance
of 331.48 feet; thence NOO"40'47"W aDISTANCE OF 381.09 feet to a POINT OF BEGINNING;
thence continue NOO"40'47"W a distance of 1033.82 feet; thence N89"19'13"E for a distancE
of 17.00 feet; thence SOO"40'47"E for a distance of 901.27 feet; thence N69"19"3"E for a
distance of 8.00 feet; thence SOO"40' 47"E for a distance of 132.65 feet; thence 589"19'13"
for a distance of 25.00 feet to the POINT OF BEGINNING.
J
Exhibit B
Affordable Parcel
LEGAL DESCRIPTION:
Keys LClke VillClS pClrcel (HUD parcel), "'ore pClrticulClrly described ClS Follows:
PARCEL 1
All thot port of Lots 5, 12 and 13, in .'SIctten 6, Township 61
South. Ronge 40 East. which is West of 0 line beginning at 0
point on the center of the South bounclory of Lot 13, ond
extending straight through the center of Lots 13 and 12,
and through Lot 5 to the Southeast side of the Monroe
County Road; 011 of said land being on the South side of the
Florida East Coast Railroad Right of Way, according to the
Plot thereof, recorded in Plot Boak 1 at Page 68 of the
public records of Monroe County, Florida.
PARCEL 2
A portion of Lots 12 Clnd 13, Section 6, Township 61 South, RClnge
40 EClst, ClcCordlng to Cl survey PlClde by PF. Jenkins Clnd redorded
In PtClt Book I, PClge 68 of the public records of Monroe County,
noridCl Clnd being ",ore PClrticulClrly described ClS Follows.
COI'll'lt'nce Clt the southeClst corner of SClid Lot 13J thence In Cl
westerly direction Cllong the south boundClry line of sClid Lot 13,
South 89 degrees 04'38. Vest, Cl distClnce of 331.48 Feet; thence
North 00 degrees 40'47. Vest, Cl distClnce of 381.69 Feet to Cl
Point of Beginning; thence continue North 00 degrees 40'47. Vest,
Cl distClnce of 1033.82 FeetJ thence North 89 degrees 19'13. EClSt,
Cl distClnce of 17.00 Feet; thence South 00 degrees 40'47' EClSt. Cl
distClnce of 901.27 Feet; thence North 89 degrees 19'13. EClSt, Cl
distClnce of 8.00 Feet; thence South 00 degrees 40'47. EClst, Cl
distClnce of 132.55 Feet; thence South 89 degrees 19'13. Vest,
Cl distClnce of 25.00 Feet to the Point of Beginning.
LESS AND (XC(PT.
LClkeview GClrdens pClrcel (Non-HUn pClrcel), pClrt of sClid Parcels 1 Clnd 2, Plore pClrticulClrly
described ClS Fotlows:
COl'lME'nce Clt the intersection of the lotline COPlPlon to Lots 9 Clnd 12, Clccording
to the plot by P.F. Jenkins recorded in PlClt Book 1 Clt PClge 68 of the public
records of Monroe County. norida, with the existing southeClsterly right of WCly
line of StClte ROCld No.5 <US Hwy No. 1>; thence S 0'40'47.( Cllong SClid lotline, being Cllso the
centerline of' on un-nCl"'ed 30 Foot wide rOCldwoy Clccording to sClid plClt, For 792.06 Feet to
the Point of Beginning. thence N 89019'13'( For 84.09 Feet to the Point of' CurvClture of Cl
circular curve, concave to the southwest, hClving For its elel'lents Cl RCldius of' 20.0 f'eet Clnd a
CentrCll Angle of 90000'42.; thence southeClsterly Cllong the Clrc of sClid curve For 31.42
Feet to the Point of TClngency; thence S 0040'05.( For 40.79 Feet to the Point of Curva-
ture of Cl circular curve, conCClve to the northeClst, hClving For its eleMents Cl RCldius of
49.0 Feet Clnd Cl CentrCll Angle of 118014'23.; thence eClsterly Cllong the Clrc of sClid curve
For 101.12 Feet to the Point of TClngency; thence N 61"05'32.( For 150.57 Feet to the Point
of CurvClture of Cl circulClr curve, conCClve to the northwest, hClving For its eleMents a
RCldius of 25.0 Feet Clnd Cl CentrCll Angle of 61"45'53'; thence Cllong the arc of sClid curve
For 26.95 Feet to the Point of TClngency; thence N 0"40'21.V For 43.21 FeetJ thence
N 89019'13.( For 32.27 Feet to the l'Iost eClsterly line of the ClFore described PClrcel 2;
thence S 0"40'47.E Cllong sClid "'ost eClsterly line of PClrcel 2 For 132.55 Feet; thence
S 89"19'13.V Cllong the southerly line of SClid PClrcel 2 For 25.0 Feet to the eClsterly line
of ClFore described PClrcel 1; thence S 0"40'47.( Cllong SClid eClsterly line of PClrcel 1 For
381.69 Feet to the southerly line of sClid PClrcel 1; thence S 89"04'23.V along sClid southerly
line of Parcel 1 For 329.37 f'eet to the sClid centerline of said 30 Foot wide
un-nal'led roadwClY; thence N 0040'47'V Cllong sClid centerline For 483.56 Feet to the
Point of' Beginning. Containing 145652 squClre Feet or 3.3437 Clcres, More or less.
Subject to and Together with: A 5 Foot wide by 206.10 f'eet long PedestriCln (ClSel'lent, adjoining
Clnd pClrClllel with the eClsterly right of' way line of' SClid 30 f'oot wide un-nal'led rOCldwCly, More
pClrticularly described ClS f'ollows,
COl'll'lence Clt the intersection of' the lotline COI'IMon to Lots 9 and 12, according to the plClt
by P.F. Jenkins, recorded in PlClt Book 1 at PClge 68 of public records of Monroe County, nOridCl,
with the existing southeClsterly right of wCly line of StClte Roo.d No.5 <US HighwClY No. 1>; thence
S 0"40'47.( Cllong sClid lotline, being Cllso the centerline of Cln un-nClMed 30 Foot wide rOCldwClY
Clccording to sClid plat, For 792.06 Feet; thence N 89"19'13.( For 15.0 Feet to the eClsterly
right of wCly line of SClid 30 Foot rOCldwClY Clnd the Point of Beginning: thence continue N 89"19'13'(
For 5.0 Feet; thence S 0"40'47'( For 206.10 FeetJ thence S 89019'13'V For 5.0 Feet to sClid
eClsterly right of wCly line; thence N 0040'47.V For 206.10 Feet along sClid right of wCly line to
the Point of Beginning; contClining 1031 sqUClre Feet, More or less.
j
Exhibit C
Non-HUD Parcel
(Identified as the "LESS AND EXCEPT' area shown in the LEGAL DESCRIPTION)
LEGAL DESCRIPTION:
Keys Loke Villos porcel <HUD porcel>, l'Iore particulorly described os Follows'
PARCEL I
All thot port of Lots 5, 12 ond 13, in -'SIct"ten 6, Township 61
South, RO"ge 40 Eost, which is West of 0 line beginning ot 0
point on the center of the South boundary of Lot 13, ond
extending stroight through the center of Lots 13 ond 12,
ond through Lot 5 to the Southeost side of the Monroe
County Road; 011 of soid land being on the South side of the
F'lorido East Coost Roilroad Right of Woy, occording to the
Plot thereof, recorded in Plot Book 1 at Poge 68 of the
public records of Monroe County, F'lorida.
PARC[L 2
A portion of Lots 12 ond 13, Section 6, Township 61 South, Ronge
40 Eost, occordlng to 0 survey !'lode by P.F'. Jenkins ond redorded
In Ptot Book 1, Poge 68 of tmo public records of' Monroe County,
F'lorldO ond being l'Iore partlculorly described os Follows,
CO!'ll'l4lnCe ot the southeost corner of sold Lot 13J thence In 0
westerly directiOn olong tmo south boundory line of soid Lot 13,
South 89 degrees 04'38" Vest, 0 distonce of 331.48 Feet, thence
North 00 degrees 40'47" Vest, 0 dlstonce of 381.69 Fe.t to 0
Point of Beginning; thence continue North 00 d.grees 40'47" Vest,
o dlstonce of 1033.82 FeetJ thence North 89 degrees 19'13" [ost,
o distonce of 17.00 FeetJ tmonce South 00 degrees 40'47" [ost, 0
dlstonce of 901.27 Feet; thence North 89 degrees 19'13" [ost, 0
distonce of 8.00 FeetJ thence South 00 degrees 40'47" [ost, 0
distonce of' 132.55 FeetJ thence South 89 degrees 19'13" Vest,
o distonce of 25.00 Feet to the Point of Beginning.
LESS AND EXCEPT.
Lokevlew Gordens parcel <Non-HUD porcel>, port of soid Porcels 1 ond 2, More portlculorly
described 05 Follows:
COl'll'lence ot the intersection of the 10tUne COMMon to Lots 9 ond 12. occording
to the plot by P.F'. Jenkins r.corded in Plot Book 1 ot Poge 68 of the public
records of Monroe County. F'lorldo, with the elCisting southeosterly right of woy
line of Stote Rood No.5 <US Hwy No. 1>, thence S 0"40'47"[ along soid 10tUne, being olso the
centerline of an un-nOl'led 30 Foot wide roadway according to said plot, For 792.06 Fel''t 'to
the Poin't of Beginning. thence N 89019'130[ For 84.09 Feet to the Point of Curva'ture of 0
circular curve, concave to 'the southwest, having For i'ts eleMents Q Radius of 20.0 Feet and a
Central Angle of 90000'420; thence southeasterly along the arc of sold curve For 31.42
Feet to the Point of TongencYJ thence S 0040'050E For 40.79 Feet to the Point of Curva-
ture of 0 circular curve, concove to the northl'ast, having For Its elel'lents 0 Radius of
49.0 Feet and 0 C.ntral Angle of 118014'23"; thence easterly olong the orc of sold curve
For 101.12 f'eet to the Point of TangencYJ thence N 61"05'32"[ For 150.57 Feet to the Point
of Curvature of 0 circular curve, concove to the northwest, having For Its eleMents 0
Radius of 25.0 Fel't and 0 Central Angle of 61045'530; thence olong the orc of sold curve
For 26.95 Feet to the Point of TangencYJ tmonce N 0040'210V For 43.21 FeetJ thence
N 89019'130E for 32.27 feet to the MOSt easterly line of the afore described Parcel 2;
thence S 0"40'470[ olong sold l'Iost eosterly line of Parcel 2 for 132.55 feet; thence
S 89019'13"V along the southerly line of said Porcel 2 For 25.0 feet to the easterly line
of afore described Porcel 1; thenc. S 0040'470[ olong sold easterly line of Parcell for
381.69 feet to the southerly line of sold Porcel lJ thence S 89004'230V along said southerly
line of Parcel 1 for 329.37 feet to the said centerline of said 30 foot wide
un-naMed roadway; thence N 0040'470V along sold centerUne For 483.56 feet to the
Point of Beginning. Containing 145652 square feet or 3.3437 acres, More or less.
".
Subject to and Together with: A 5 foot wide by 206.10 feet long Pedestrian EaseMent. adjoining
and parallel with the easterly right of way Une of said 30 Foot wide un-naMed roadway, More
particulorly described os followSI
COMMence at the intersection of the 10tUne COMMon to Lots 9 and 12, according to the plot
by p.r. Jenkins, recorded in Plot Book 1 at Page 68 of public records of Monroe County, rtorido.
with the elCisting southeasterly right of way line of State ROGd No.5 <US Highway No. 1>; thence
S 0040'470[ along sold lotllne, being also the centerline of on un-nOMed 30 foot wide roadway
according to said plot, for 792.06 feetJ thence N 89019'130[ for 15.0 feet to the easterly
right of woy line of said 30 f'oot rOGdway ond the Point of' Beginning' thence continIA(' N 89"19'130[
For 5.0 feet, thence S 0040'470[ for 206.10 feetJ thence S 89"19'130V for 5.0 feet to soid
easterly right of way line; thence N 0040'47"V For 206.10 feet along said right of way line to
the Point of BeglnnlngJ contolning 1031 square feet, l'Iore or less.
J
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Mav 19. 2010
Division: Growth Management
Bulk Item: Yes ....L
No
Department: Land Steward
Staff Contact PersonlPhone #: Beth Bergh ex 2511)
AGENDA ITEM WORDING:
Approval of a Restoration Agreement between Monroe County and the National Audubon Society, Inc.
for the restoration of a freshwater wetland on Big Pine Key.
ITEM BACKGROUND:
This agreement was approved by the BOCC on April 15, 2009. However, no work was done under the
agreement and it expired on December 31, 2009.
The agreement will allow the restoration of County-owned conservation land at no cost to the County.
The proposed project is located on a 1.39 acre parcel, known as the Chetkin parcel (RE#00111880-
000300), near the west end of Big Pine Key. The natural elevation of approximately one acre of this
property is altered with fill. The County purchased the property using a grant from the Florida
Communities Trust. As a condition of the FCT grant the County is required to remove the fill and
restore the property to the historic freshwater wetland elevations on site. Freshwater wetlands are rare
natural communities in the Keys and provide critical habitat for many species of wildlife, including the
endangered Key deer. National Audubon Society, Inc. is offering to perform this restoration work for
the County at no charge and will be responsible for all aspects of the project, including permits and
contractor oversight. The Keys Environmental Restoration Fund operated by the National Audubon
Society Inc. has been performing restoration work in Monroe County for over 25 years and has
successfully completed over 50 projects.
PREVIOUS RELEVANT BOCC ACTION:
Apri115, 2009 - BOCC approved the restoration agreement which expired on December 31, 2009.
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS: Approval
TOTAL COST: 0
INDIRECT COST:
BUDGETED: Yes _No
COST TO COUNTY:
o
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No..x.. AMOUNT PER MONTH_ Year
APPROVED BY: County Atty .!...... OMB/Purchasing _ Risk Management ~
DOCUMENTATION: Included L Not Required_
DISPOSITION:
AGENDA ITEM #
RESTORATION AGREEMENT
This Agreement is entered into this day of ,2010 between the National Audubon
Society, Inc., a New York corporation, through its Keys Environmental Restoration Fund
program operating in Monroe County, Florida ("Audubon"), and Monroe County, a political
subdivision of the state of Florida ("County").
Whereas, Audubon has funds to restore a small freshwater wetland on property owned by Monroe
County known as the Chetkin parcel as more particularly described herein; and
Whereas, the County desires that fill placed on such Chetkin parcel be removed by Audubon;
Now, therefore, the parties agree as follows:
WITNESSETH:
1. PERMISSION TO ENTER PROPERTY. County hereby grants Audubon the non-
exclusive permission to enter the Chetkin parcel (RE#00111880.000300, lots 10,11,16 and 17 of
the Cahill Tract) on Big Pine Key (the "PropertY"), for the sole purpose of removing fill from
approximately 1/3 of an acre of historic freshwater wetland (the "Project"), from the date of this
Agreement through December 31, 2011.
2. DUTIES OF AUDUBON. The Project shall be conducted in accordance with Exhibit A
"Scope of Work", attached hereto and incorporated herein. Audubon may bring all customary and
necessary personnel and equipment, including vehicles, contractors and agents, onto the Property
as may be necessary in connection with the Project. Audubon will leave the County Property in as
good order and condition as it is on the day the Project begins, ordinary wear and tear and
damage from the elements excepted. Audubon must enter the Property via Henry Lane off of
Ship's Way. During the period of time the Project is ongoing, any vehicles or equipment
remaining on site outside of working hours will be parked completely on the Property and will
not in any way obstruct Henry Lane. In consideration of nearby residential areas, no heavy
equipment operation will be permitted prior to 8 A.M, after 5 P.M., or on weekends or holidays.
3. PAYMENT. Audubon is solely responsible for all costs incurred in carrying out the
project. County is paying nothing for this restoration to Audubon, and is in no way responsible
for any costs incurred. Audubon is solely responsible for payment to and for all contractors and
subcontractors. There are no third party beneficiaries to this Agreement, and no contractor, sub-
contractor or any other person or entity shall look to County for payment.
4. INDEMNIFICATION AND INSURANCE. Each party, as to its own negligent act acts or
omissions or those of its subcontractors or agents, hereby indemnifies, defends and holds
harmless the other party and each of its directors, officers, employees and affiliates against any
losses, claims, damages, liabilities, costs and expenses (including reasonable attorney's fees and
costs) arising from any injury or damage while on the Property in connection with this
Agreement; however, County's indemnification is strictly limited to the extent allowed by law,
including Section 768.28 of the Florida Statutes. While this Agreement is in effect, Audubon
shall maintain a Comprehensive General Liability Insurance policy with a limit of One Million
Dollars ($1,000,000.00) per occurrence, and shall name County as an additional insured on this
policy. 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.
5. COMPLIANCE WITH LAWS. Audubon will comply with all laws, ordinances, and
governmental rules and regulations which apply its activities on the Property. Audubon will
obtain all necessary permits and / or authorizations as may be required by the regulatory agencies.
6. JURISDICTION AND VENUE 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 Parties agree that venue
will lie in the appropriate court or before the appropriate administrative body in Monroe County,
Florida. Venue for any suits or actions of any kind and any mediation shall be in and governed by
the rules of the 16th District Court in Monroe County, Florida. This Agreement shall not be
subject to arbitration.
7. NONDISCRIMINATION. The Parties 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. The Parties 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: (1) Title VI of the Civil Rights Act of
1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin;
(2) Section 504 of the Rehabilitation Act of 1973, as amended (20 V.S.C. s. 794), which prohibits
discrimination on the basis of handicap; (3) The Age Discrimination Act of 1975, as amended (42
V.S.C. ss. 6101-6107), which prohibits discrimination on the basis of age; (4) The Drug Abuse
Office And Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on
the basis of drug abuse; (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public Health Service Act
of 1912, ss. 523 and 527, (42 V.S.C. 290 dd-3 and 290 ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; (7) The Americans With Disabilities
Act of 1990 (42 V.S.C. s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; (8) The Florida Civil Rights Act of 1992, (Chapter
760, Florida Statutes, and Section 509.092, Florida Statutes), as may be amended from time to
time, relating to nondiscrimination; and (9) any other nondiscrimination provisions in any federal
or state statutes or local ordinances which may apply to the parties to, or the subject matter of,
this Agreement.
8. 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, the parties agree to participate, to the extent reasonably 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. The Parties specifically agree that
no party to this Agreement shall be required to enter into any arbitration proceedings related to
this Agreement or any Attachment or Addendum to this Agreement.
9. COVENANT OF NO INTEREST. The Parties 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.
10. NO SOLICIT A TIONIP A YMENT. The Parties 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 this
provision, the each party agrees that the other party 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.
11. PUBLIC ACCESS TO RECORDS. The Parties shall allow and permit members of the
public reasonable access to, and inspection of, all documents, papers, letters, or other materials
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the parties in
conjunction with this Agreement.
12. TERMINATION.
(a) County may terminate this Agreement for cause in the event Audubon
abandons the Project or Audubon fails to develop, manage and
maintain it according to the terms of this Agreement; provided County
shall give Audubon prior written notice specifying Audubon's failure.
If within thirty (30) days after receipt of such notice, Audubon shall
not have corrected such failure (or if the failure cannot reasonably be
corrected within 30 days, then Audubon's failure to diligently
prosecute such correction), County may, at its option, give Audubon
written notice of Audubon's default and terminate this Agreement on
the date specified in such default notice.
(b) Either party may terminate this Agreement without cause by
providing thirty (30) days written notice thereof to the other party. In
the event of such a termination requested by County, Audubon shall
cancel as many outstanding obligations as possible, but Audubon shall
be entitled to payment for all non-cancelable costs incurred through
the date of termination.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
In Witness Whereof, the parties have entered into this Agreement on the day and year first above
written.
NATIONAL AUDUBON SOCIETY, INC.
(l)YY\.QM0 ft/\M. Q JJ...) OJ\I\_~.N->
Witness
,
Print Name: ffi1!EJ ~~
(2) ) II" '.1;_- /,.itIW
Witness
.
Print Name: f{) PrR\ \. '1 ~ ~ ~ L
(SEAL)
ATTEST:
DANNY L. KOLHAGE, CLERK
Deputy Clerk
~
for National Audubon Society, Inc.
~P. o~ y::- t 1/'~ 1'\ ~ ...p .
Title
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
By:
Mayor Sylvia Murphy
I ,-",/
I" .
'" . .
/- 1/1 -:~.;%>,;7 .
. /...........
EXHIBIT A
SCOPE OF WORK
CHETKIN PARCEL
FRESHWATER WETLAND RESTORATION PROJECT
General Project Description
The project consists of vegetation and fill removal from approximately one acre of a
1.39 acre parcel, known as the Chetkin parcel (RE#00111880-000300), located on the
west end of Big Pine Key (see attached location map Photo 1). The purpose of the
project is to restore the historic freshwater wetland elevations on site. Freshwater
wetlands are rare natural communities in the Keys and, therefore, provide critical habitat
for many species of wildlife, including the endangered Key deer.
The south-east corner of the property (closest to Highway US1 ) is already in a natural
state and is not to be disturbed. Additionally, a buffer strip of 20' in width along the
northern border of the property (adjacent to Henry Lane) is to be left undisturbed except
for limited clearing of invasive exotic vegetation and as required for vehicular access to
the site. The remainder of the property is to be cleared of all vegetation and scraped
down to historic elevations (caprock) according to the boundaries shown in Photo 2.
Depth of fill across the property is unknown, but is expected to average 2 feet in depth.
Some Iimerock fill is known to be on site, but material to be excavated also includes
mulch which was spread across much of the property approximately 12 years ago.
General Scope of Work
· Keys Environmental Restoration Fund (KERF) will select, hire, oversee, and pay
the contractor.
· KERF will have the site surveyed prior to restoration and boundary flags will be
placed. In addition, areas to be left undisturbed will be delineated by KERF prior
to start of work.
. KERF is responsible for obtaining all necessary permits for the project.
. Access to the site will be from Henry Lane off of Ship's Way. There is no access
from Highway US 1 (Overseas Highway).
· The site is located adjacent to a residential area. No chipper or heavy equipment
operation may take place prior to 8:00 AM or after 5 PM, or on weekends or
holidays.
· Henry Lane is narrow and provides access to a residential area. Equipment or
vehicles must not block ingress and egress to Henry Lane. Equipment left
overnight must remain on the site and not be parked on Henry Lane.
· An on site pre-construction conference with KERF and Monroe County staff is
required.
Exhibit A
Chetkin Freshwater Wetland Restoration Agreement
May 2010
. Contractor will remove all vegetation from work area (all trees are less than 4"
DBH). All woody vegetation is to be mulched and spread on the buffer strip
adjacent to Henry Lane.
. Contractor will excavate fill and old mulch under supervision of the staff from the
KERF or the Monroe County Land Steward (County). Excavation will be to
caprock depth only.
. At boundaries with adjacent properties (to the east, west, and north), excavation
area should be graded and sloped to meet the adjacent grade.
. All excavated fill material and any excavated debris will be treated as follows:
Option 1. All material must be removed from the site by the contractor. Fill may
be temporarily stored on site to allow for drainage prior to transport. It is the
responsibility of the contractor to properly store or to dispose of the fill and debris
at a permitted upland storage or disposal site after its removal from the site.
Option 2. If the County chooses to keep the excavated Iimerock fill material for
its own purposes, then the excavated fill material must be piled on site by the
contractor and removed from the site by the County. The County is responsible
for the transport and disposal/storage of the excavated fill material. The
contractor is responsible for the removal and disposal of any other debris
excavated from the site, including vegetative debris.
. A final on-site inspection with KERF and the County will be required.
. All equipment must be removed from the site within 5 working days of final
inspection and approval.
· Contractor must be properly licensed in Monroe County and Contractor shall
provide proof of insurance for the following coverages and shall name National
Audubon Society, Inc./Keys Environmental Restoration Fund and Monroe County
Board of County Commissioners as additional insured:
1. Workers Compensation and Employers Liability Insurance, including
occupational disease, disability benefit, and other similar insurance required by
applicable law and Florida Statutes, with a minimum limit of $100,000 per accident, per
employee.
2. Comprehensive General Liability Insurance with a combined single limit of
$1,000,000 per occurrence, and $2,000,000 general aggregate for bodily injury,
including death, product liability and property damage;
3. Comprehensive Automobile Liability Insurance (owned, non-owned, and
Hired) with a combined single limit of $1,000,000 for bodily injury, including death, and
property damage.
. KERF and Contractor shall execute Drug Free Workplace certifications attached.
. Substantial modifications to this scope of work shall be made by mutual
agreement between KERF and the Monroe County Land Steward.
Exhibit A
Chetkin Freshwater Wetland Restoration Agreement
May 2010
Photo 1. General Location Map of Chetkin Parcel, Big Pine Key
Photo 2. Chetkin Parcel, Big Pine Key
_.1'" ".. ..........
- ~-..y'~,..."4)EFHrii'hWa~:,1~..
,_ 1IIOt'............:.,Iu.
..,
Exhibit A
Chetkin Freshwater Wetland Restoration Agreement
May 2010
~
ACORD. CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 I DATE (MMlDD/YYYY)
~ 10/02/2009
PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willis of New York, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
P. o. Box 305191
Nashville, TN 37230-5191 INSU"~E~S AFFORDING COVERAGE NAIC#
INSURED NATIONAL AUDUBON SOCIB'l'Y, INC INSURER A: Great Northern Insurance Campanv 20303-001
225 Varick 7th Floor INSURERB:
NEW YORK, NY 10014
INSURERC:
"- INSURER D:
I INSURER E: ' , '
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY P'ERIOD INDICATED: NOlWlTHST ANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESp'ECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS: EXCLUSIONS'AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,', ' '
_ TYPE OF INSURANCE POLICY NUMBER POLlCYE~~ &f*C ~
A X ~NERALLlABlLITY 35328631 10/1/2009 10/1/2010
~ ~MERCIAL GENERAL LIABILITY ,
f-- --.J CLAIMS MADE [i] OCCUR
LIMITS
EACH OCCURRENCE
~~~~~~?E~~~ce\
MED EXP (Arty one person I
PERSONAL & ADV INJURY
s 1 000.000
s 1 000.000
S 10.000
S 1.000 000
S 2;000 000
'SInc1uded
f--
~N'L AGGRE~ELIMIT AP~ PER:
I I POLICY I I ~:g: I X I LOC
~OMOBILE LIABILITY
f-- ANY AUTO
f-- ALL OWNED AUTOS
f-- SCHEDULED AUTOS
I-- HIRED AUTOS
I-- NON-OWNED AUTOS
I--
. .
GENERAL AGGREGATE
PRODUCTS -' COMP/OP AGG
nAGE LIABILITY
H ANY AUTO
COMBINED SINGLE LIMIT S
(Ea accident)
BODILY INJURY S
(Per person)
BODILY INJURY S
(Per accident)
PROPERTY DAMAGE S
(Per accident)
AUTO ONLY - EA ACCIDENT S
OTHER THAN EAACC S
AUTO ONLY: AGG S
EACH OCCURRENCE S
AGGREGATE S
S
S
S
I W~STATU-;j 10TH-
TO Y LIMITS ER
E,L, EACH ACCIDENT S
E,L, DISEASE - EA EMPLOYEE S
E,L, DISEASE - POLICY LIMIT S
OEXCESS/UMBRELLA LIABILITY
OCCUR D CLAIMS MADE
R DEDUCTIBLE
RETENTION S
WORKERS COMPENSATION
ANDEMPLOYERS'UABILITY YIN
ANY PROPRIETORlPARTNERlEXECUTlVE D
OFFICERlMEMBER EXCLUDED?
(Mandatory In NH)
g~~CI':~~,o:;).~~NS b"'ow
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
Monroe County Board of County Commissioners is included as Additional Insured as respects General
Liability, as their interest may appear.
CERTIFICATE HOLDER
CANCELLATION
Monroe County Board of County Commissioners
1100 Simonton St.
Key West, FL 33040
SHOULD AllY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRES NTATlVE
ACORD 25 (2009/01)
Coll:2823541 Tpl:992021 Cert:132 913 1985-2009ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Mav 19.2010
Division: Growth Manal!:ement
Bulk Item: Yes -X- No
Department:
Staff Contact/Phone #: Christine Hur1ev 289-2517
AGENDA ITEM WORDING: Approval of a resolution of the Monroe County Board of County Commissioners
establishing the monetary value of a single Rate of Growth Ordinance/Non-Residential Rate of Growth Ordinance
(ROGO/NROGO) allocation system competition point for purposes of payment by applicants in the ROGO/NROGO
system with a maximum of 2 points available per application.
ITEM BACKGROUND: In March of 2006 the BOCC approved several ordinances that comprise the Tier System. Two
of those ordinances 009-2006 (ROGO) & 011-2006 (NROGO) include an alternate available option to property owners to
increase their points within the competitive ROGO/NROGO process. Property owners may increase their ROGO/NROGO
points by purchasing ROGO lots and dedicating them to the County for conservation and preservation in exchange for
points from a half point up to four ROGO/NROGO points (depending on the biological value of the site). There is no limit
to the number of points an applicant can obtain through this method, but the maximum is 4 points per dedicated parcel.
The alternate options established by ordinance 009-2006 (ROGO) and Ordinance 011-2006 (NROGO) available to property
owners allows them to obtain up to two points by paying into the Monroe County Land Acquisition Fund an amount per
point as described in the ordinances. The new option makes the process less onerous on property owners and provides them
an option to gain points under the policy of Land Conservation & Preservation. The ordinances establish that the fair
market value shall be the value of one ROGO/NROGO point as awarded through dedication of land. The method for
calculating the fair market value of a ROGO/NROGO point for land dedication was determined by using our Monroe
County Geographic Information System (GIS) and Monroe County Property Appraiser records. Using the method
prescribed by the ordinances, the finding was that the average fair market value of a vacant, legally platted, privately
owned, buildable lot located in an Improved Subdivision or Urban Residential Mobile Home Land Use District and
designated Tier 1, eligible for dedication to the County for four points, to be $26,551.39. This value ($26,551.39) divided
by the number of points (4) equals $6,637.85 per point. An applicant in ROGO/NROGO now has an option to purchase a
maximum of two points for $6,637.85 per point or $13,275.70.
If property owners take advantage of this alternative, the funds are to be deposited into a land acquisition fund. Monroe
County should create a fund as a depository and then transfer to the land authority for land acquisition. Each year this
value is to be recalculated based on new data and be reaffirmed by the BOCC at that time. The last Board evaluation of the
fair market value was July 16, 2008. To date, no application has been receive for points using this option, but the
calculation is required each year for someone who may want to obtain points in this manner.
PREVIOUS RELEVANT BOCC ACTION:
On July 16, 2008, the Board previously adopted an assessment of the fair monetary value per point in Resolution 218-2008
at $11,750.53.
On March 15, 2006, the Board adopted Ordinances 009-2006 and 011-2006.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes N/A No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING:
Yes
No
AMOUNT PER MONTH
Year
APPROVED BY:
County Atty ~ OMBlPurchasing NI A
Risk Management NI A
DOCUMENTATION: Included ~
Not Required_
DISPOSITION:
AGENDA ITEM #
RESOLUTION NO. -2010
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ESTABLISHING THE MONETARY
VALUE OF A SINGLE ROGOINROGO ALLOCATION SYSTEM
COMPETITION POINT.
WHEREAS, the BOCC approved ordinance 009-2006 at a regularly scheduled
meeting on March 15th, 2006 establishing the potential for an applicant to receive up to a
maximum of two (2) additional points toward an application in the ROGO competition in
return. for fair market value compensation as an alternative to direct land dedication for
contribution to the County's Land Acquisition Fund for land conservation and
preservation; and
WHEREAS, the BOCC approved ordinance 011-2006 at a regularly scheduled
meeting on March 15th, 2006 establishing the potential for an applicant to receive up to a
maximum of two (2) additional points toward an application in the NROGO competition
in return. for fair market value compensation as an alternative to direct land dedication for
contribution to the County's Land Acquisition Fund for land conservation and
preservation; and
WHEREAS, ordinances 009-2006 and 011-2006 require that the monetary value
of each point be established annually by resolution of the BOCC; and
WHEREAS, Section 138-28 and Section 138-55 Monroe County Code establish
that the monetary value shall be based on the average fair market value of all vacant,
legally platted, privately owned, buildable, lots located in an improved subdivision (IS)
or urban residential mobile home (URM) land use district and designated Tier 1 divided
by four (4);
WHEREAS, the BOCC previously assessed the monetary point value m
resolution 218-2008;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: The BOCC accepts the Growth Management Division's methodology for
establishing the average fair market value of all vacant, legally platted, privately owned,
buildable, lots located in an improved subdivision (IS) or urban residential mobile home
(URM) land use district and designated Tier 1 utilizing the current official records of the
Monroe County Property Appraiser as shown in Exhibit A.
Section 2: The BOCC accepts the Growth Management Division's average fair market
value for all vacant, legally platted, privately owned, buildable lots located in an
improved subdivision (IS) or urban residential mobile home (URM) land use district and
Page 1 of2
Reviewer:
designated Tier 1 to be $26,551.39 which average was calculated by using the individual
values of 818 properties within Monroe County.
Section 3: The BOCC accepts the Growth Management Division calculation of the fair
monetary value of one point based on the average fair market value of parcels referred to
in Sec. 2, divided by four points to equal $6,637.85 per point.
Section 4: The BOCC establishes the monetary value of a ROGa competition point for
the purpose of purchase of up to two points at $6,637.85 per point for the time period
from May 19, 2010 through May 18, 2011.
Section 5: If the time period designated for the per point cost of an alternate to direct
land dedication expires, the cost in Section 4 shall remain in full force and effect until
otherwise changed by the Board.
PASSED AND ADOPTED at a regular meeting of the Board of County
Commissioners of Monroe County, Florida, held on the 19th day of May, 2010.
Mayor Sylvia Murphy
Mayor Pro Tem Heather Carruthers
Commissioner George Neugent
Commissioner Kim Wigington
Commissioner Mario De Gennaro
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor Sylvia Murphy
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK.
MO,,- - --;- --
/.
By:
Page 2 of2
Reviewer:
cau NT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
Parcel list for determining Monetary Point Value (April 2010)
EXHIBIT A
RECHAR
00136980-000000
00136970-000000
00 15 1350-000000
00257680-000000
00256690-000000
00256820-000000
00256840-000000
00256670-000000
00258140-000000
00257670-000000
00258110-000000
00257140-000000
00257380-000000
00257660-000000
00258070-000000
00256700-000000
00256450-000000
00256460-000000
00256310-000000
00256360-000000
00297060-000000
00297080-000000
00256210-000000
00256030-000000
00256010-000000
00256130-000000
00444980-000000
00449610-000000
00449590-000000
00449600-000000
00267860-000000
00267940-000000
00267950-000000
00268070-000000
00268050-000000
00268340-000000
00268360-000000
00268270-000000
00268290-000000
00268480-000000
00268470-000000
00268490-000000
00268520-000000
00268530-000000
00268580-000000
00267770-000000
00294320-000000
00294390-000000
00294740-000000
00294730-000000
00294550-000000
00294720-000000
00294770-000000
PJUSTl
$40,500
42,490
29,491
14,700
14,700
14,700
14,700
14,700
12,833
14,700
12,835
14,700
14,700
14,700
15,792
14,700
17,568
15,120
12,914
18,559
83,573
83,377
12,000
12,000
12,000
12,000
30
14,520
14,520
14,520
31,798
30,000
30,000
18,000
18,000
18,000
18,000
18,000
18,000
18,000
63,393
18,000
18,000
18,000
18,000
11,558
49,219
19,688
32,813
32,813
19,688
32,813
9,844
1 of 16
COUNT
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
Parcel list for determining Monetary Point Value (April 2010)
EXHIBIT A
RECHAR
00295150-000000
00295000-000000
00295330-000000
00295360-000000
00295950-000000
00295940-000000
00295710-000000
00295790-000000
00295970-000000
00296530-000000
00296500-000000
00296520-000000
00296510-000000
00297140-000000
00297130-000000
00297120-000000
00296540-000000
00296560-000000
00297170-000000
00297180-000000
00297190-000000
00297200-000000
00296550-000000
00545310-000000
00545250-000000
00544550-000000
00296570-000000
00296580-000000
00296590-000000
00296600-000000
00296610-000000
00297100-000000
00294890-000000
00295420-000000
00295660-000000
00295880-000000
00296250-000000
00296770-000000
002964 70-000000
00296780-000000
00296820-000000
00296960-000000
00445170-000000
00446760-000000
00445700-000000
00445690-000000
00445680-000000
00449340-000000
00449280-000000
00449350-000000
00447360-000000
00447830-000000
00447860-000000
PJU5Tl
32,813
18,000
40,615
32,813
32,813
32,813
19,688
32,813
32,813
32,813
31,065
32,813
32,813
98,897
50,578
50,Q28
32,813
32,813
43,520
43,520
43,520
48,400
32,813
11,025
11,025
15,120
32,813
39,370
32,813
30,000
32,500
248,813
28,500
23,364
117,873
45,938
45,938
47,500
108,606
41,051
18,000
111,872
11,250
12,300
14,760
14,760
19,989
12,060
12,060
12,060
12,060
12,060
12,060
2 of 16
cau NT
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
Parcel list for determining Monetary Point Value (April 2010)
EXHIBIT A
RECHAR
00447370-000000
00448460-000000
00448410-000000
00448140-000000
00448470-000000
00448380-000000
00448420-000000
00448450-000000
00448150-000000
00448080-000000
00448520-000000
00444900-000000
00444910-000000
00444830-000000
00444360-000200
00444330-000000
00444390-000000
00444470-000000
00444360-000000
00443770-000000
00448820-000000
00448910-000000
00448890-000000
00448830-000000
00448600-000000
00448870-000000
00448900-000000
00445140-000000
00443760-000000
00302920-000100
00492930-000000
00492850-000000
00492860-000000
00522270-000000
00522250-000000
00522380-000000
00522160-000000
00442950-000000
00442960-000000
00442910-000000
00442860-000000
00443590-000000
00443570-000000
00443580-000000
00443560-000000
00443680-000000
00444720-000000
00444710-000000
00445050-000000
00445040-000000
00445030-000000
00445020-000000
00445010-000000
PlUSTl
12,060
12,060
12,060
12,060
12,060
12,060
12,060
12,060
12,060
14,472
14,472
7,500
7,500
7,500
15,000
7,500
7,500
7,500
7,500
7,500
8,442
12,060
12,060
8,442
8,442
12,060
12,060
14,400
7,500
25,588
9,728
9,240
9,088
9,453
9,315
9,180
505,628
7,500
7,500
7,500
7,500
7,500
7,500
7,500
7,500
7,500
7,500
7,500
30
7,500
7,500
7,500
7,500
3 of 16
COUNT
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
Parcel list for determining Monetary Point Value (April 2010)
EXHIBIT A
RECHAR
00444680-000000
00444670-000000
00444760-000000
00445350-000000
00445300-000000
00445380-000000
00445280-000000
00445180-000000
00445190-000000
00445200-000000
00445260-000000
00445250-000000
00445240-000000
00445230-000000
00445220-000000
00445210-000000
00445390-000000
00445400-000000
00445410-000000
00445420-000000
00445430-000000
00445440-000000
00443600-000000
00564650-000000
00564820-000000
00564840-000000
00457130-000000
00457150-000000
00297090-000000
00297030-000000
00297020-000000
00296970-000000
00297000-000000
00297000-000100
00297270-000000
00297350-000000
00290810-000000
00290750-000000
00290490-000000
00290420-000000
00290330-000000
00290190-000000
00290020-000000
00297470-000000
00297450-000000
00297520-000000
00297550-000000
00297530-000000
00291270-000000
00291070-000000
00291150-000000
00291140-000000
00291160-000000
PJUSTl
5,760
8,160
7,500
12,000
12,825
11,953
33,181
30
30
30
30
30
30
30
30
30
30
30
30
30
30
30
9,938
5,186
2,925
2,925
30
30
70,400
63,000
71,400
131,822
103,920
74,632
27,598
27,513
57,488
120,209
48,215
70,994
123,032
54,139
39,815
43,750
43,750
65,590
43,750
40,625
33,688
17,484
72,765
72,765
72,765
4 of 16
COUNT
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
Parcel list for determining Monetary Point Value (April 2010)
EXHIBIT A
RECHAR
00291170-000000
00290900-000000
00289800-000000
00289710-000000
00289430-000000
00289420-000000
00289410-000000
00289260-000000
00289280-000000
00289320-000000
00289330-000000
00277570-000000
00278710-000000
00278690-000000
00278890-000000
00278910-000000
00279640-000000
00279510-000000
00280390-000000
00280380-000000
00283140-000000
00283040-000000
00284400-000000
00284430-000000
00304650-000000
00303650-000000
00303640-000000
00303630-000000
00303620-000000
00303610-000000
00291470-000000
00291420-000000
00291810-000000
00 291840-000000
00291930-000000
00292040-000000
00292310-000000
00292300-000000
00292340-000000
00292330-000000
00292170-000000
00292150-000000
00292550-000000
00293150-000000
00293300-000000
00293320-000000
00293510-000000
00293330-000000
00303700-000000
00303710-000000
00304270-000000
00302900-000000
00302960-000000
PJUSTl
70,200
20,647
42,525
54,772
34,262
19,688
19,688
21,355
21,938
18,750
32,813
17,939
13,125
13,125
13,125
13,125
13,125
13,125
13,125
13,125
13,125
13,125
13,125
13,125
15,000
15,000
15,000
15,000
15,140
15,420
7,875
9,188
28,175
28,175
30,188
32,344
19,688
18,639
32,813
32,813
20,668
33,793
32,813
32,813
34,160
39,457
19,688
32,813
15,000
15,000
68,393
15,000
15,000
5 of 16
COUNT
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
Parcel list for determining Monetary Point Value (April 2010)
EXHIBIT A
RECHAR
00302930-000000
00302950-000000
00301760-000000
00301750-000000
00300990-000000
00300950-000000
00300810-000000
00300750-000000
00300770-000000
00278060-000000
00278050-000000
00278720-000000
00278650-000000
00278670-000000
00278740-000000
00278640-000000
00278630-000000
00278730-000000
00278700-000000
00278680-000000
00278660-000000
00513100-000000
00513110-000000
00513120-000000
00513140-000000
00279530-000000
00279200-000000
00279070-000000
00279080-000000
00509860-000000
00509850-000000
00303500-000000
00303480-000000
00303460-000000
00303440-000000
00303340-000000
00303060-000000
00303070-000000
00303080-000000
00303130-000000
00303050-000000
00303J.80-000000
00303170-000000
00302870-000000
00302880-000000
00303010-000000
00303000-000000
00280430-000000
00280400-000000
00280520-000000
00280620-000000
00280790-000000
00280710-000000
PJUSTl
19,167
15,000
15,000
15,000
15,000
15,000
67,500
15,000
25,048
13,125
13,125
13,125
13,125
13,125
13,125
13,125
13,125
13,125
13,125
13,125
13,125
27,300
12,600
12,600
12,600
13,125
13,125
22,131
22,769
8,883
10,611
40,500
15,000
15,000
15,000
15,000
15,000
15,000
15,000
15,000
15,000
15,000
15,000
15,000
15,000
15,000
15,000
13,125
13,125
14,401
21,875
15,750
13,125
6 of 16
COUNT
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
Parcel list for determining Monetary Point Value (April 2010)
EXHIBIT A
RECHAR
00280650-000000
00280560-000000
00280720-000000
00280780-000000
00280640-000000
00280580-000000
00280770-000000
00281320-000000
00281330-000000
00281420-000000
00281070-000000
00281130-000000
00281230-000000
00281120-000000
00281050-000000
00280870-000000
00280970-000000
00280920-000000
00280890-000000
00280980-000000
00280960-000000
00280950-000000
00110180-000000
00282380-000000
00282320-000000
00282400-000000
00282410-000000
00282370-000000
00282390-000000
00282500-000000
00282510-000000
00282470-000000
00282610-000000
00282620-000000
00282480-000000
00283030-000000
00283160-000000
00284170-000000
00284130-000000
00284160-000000
00284360-000000
00284140-000000
00284150-000000
00301050-000000
00301080-000000
00301100-000000
00301060-000000
00301120-000000
00301070-000000
00301090-000000
00301110-000000
00301020-000000
00302390-000000
PJUSTl
21,875
15,750
13,125
13,125
21,875
13,125
13,125
13,125
13,125
13,125
13,125
13,125
13,125
13,125
13,125
13,125
13,125
13,125
13,125
13,125
13,125
13,125
74,762
13,125
13,125
13,125
13,125
13,125
13,125
13,125
10,500
13,125
13,125
13,125
25,313
13,125
15,750
13,125
15,750
13,125
15,750
13,125
13,125
15,000
15,000
15,000
15,000
26,520
15,000
15,000
15,000
48,265
22,714
7 of 16
COUNT
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
Parcel list for determining Monetary Point Value (April 2010)
EXHIBIT A
RECHAR
00301000-000000
00300850-000000
00300960-000000
00285600-000000
00285550-000000
00285750-000000
00285660-000000
00285700-000000
00285690-000000
00285860-000000
00285890-000000
00285910-000000
00285950-000000
00285960-000000
00285680-000000
00285520-000000
00243622-002800
00449410-000000
00243622-002700
00243622-001200
00243622-001000
00243621-000900
00243820-000000
00481350-000000
00243622-003500
00243622-003400
00243621-000600
00243621-001000
00243621-001500
00243621-001400
00243622-000800
00243700-000000
00243622-002100
00243621-000700
00243621-000400
00243621-001200
00243710-000000
00243680-000000
00243621-000800
00243622-003000
00243622-001600
00243621-001100
00112940-000000
00243680-000101
00274940-000000
00274930-000000
00274920-000000
00274910-000000
00274900-000000
00509580-000000
00509590-000000
00509470-000000
00509670-000000
PJUSTl
15,000
15,000
15,000
45,020
143,333
53,813
52,780
3,846
32,849
65,827
69,159
117,301
77,943
59,015
60,456
29,024
30,600
27,720
30,600
30,600
30,600
31,504
14,431
5,081
30,600
30,600
33,034
30,600
30,600
30,600
30,600
17,093
45,900
30,600
30,600
30,600
12,173
11,246
30,600
30,600
30,600
30,600
24,860
16,728
2,430
1,823
1,418
30
30
9,558
9,720
10,638
3,191
8 of 16
COUNT
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
Parcel list for determining Monetary Point Value (April 2010)
EXHIBIT A
RECHAR
00509680-000000
00509600-000000
00508990-000000
00508940-000000
00085700-000000
00084940-000000
00481230-000000
00319492-004500
00108040-00040 1
00113050-000900
00319491-001900
00113050-000400
00210811-009500
00210811-010800
00207720-000000
00319491-000700
00108040-000700
00213800-000000
00319492-000200
00214200-000000
00213570-000000
00210811-009900
00210811-009600
00108130-002900
00108130-002100
00108040-000400
00108040-000106
00108040-000104
00319492-003200
00213890-000000
00319491-004800
00319492-004600
00208180-000000
00108120-000700
00208020-000000
00209080-000000
00319492-002700
00108040-000302
00108040-000600
00108040-000100
00213880-000000
00213240-000000
00214530-000000
00319492-000600
00210811-011900
00207700-000000
00214330-000000
00214190-000000
00319492 -004300
00208310-000000
00208190-000000
00113050-000100
00113050-000500
PJUSTl
3,191
2,633
10,638
10,638
15,300
23,182
17,977
30
1,037
13,905
20,379
13,905
20,573
19,440
19,535
26,250
16,231
6,000
20,736
6,000
6,000
20,700
20,573
19,103
19,761
918
120
200
17,325
6,000
30
30
17,260
19,103
17,260
12,681
17,325
7,318
17,015
200
6,000
6,000
26,250
17,325
19,440
19,684
6,000
6.000
17,325
17,260
17,260
16,065
13,905
9 of 16
COUNT
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
Parcel list for determining Monetary Point Value (April 2010)
EXHIBIT A
RECHAR
00319491-000600
00213810-000000
00210811-002100
00212990-000000
00319492-003100
00108040-000300
00108040-000103
00319491-002500
00207780-000000
00209070-000000
00210811-011800
00319492-002200
00108130-002800
00108130-002300
00212490-000000
00213580-000000
00208320-000000
00210811-010900
00108040-000102
00246221-001900
00246221-014200
00246221-005200
00246221-004500
00246221-011500
00246221-011400
00246221-010500
00246221-010900
00246221-008800
00246221-010700
00246221-008700
00246221-006800
00246132-000000
00214482-012300
00319491-004300
00207990-000000
00319491-004900
00319491-000100
00565320-000000
00565310-000000
00108040-000303
00108040-000301
00108040-000304
00108040-000105
00108130-003000
00214482-012200
00319492-004100
00195410-000000
00195310-000000
00199940-000000
00199930-000000
00199920-000000
00199900-000000
00199860-000000
PJUSTl
28,112
6,000
19,440
6,000
17,325
12,742
239
17,325
19,676
21,973
19,440
37,314
19,103
19,103
6,000
6,000
17,145
19,440
15,524
15,345
16,560
7,200
14,400
16,560
16,560
16,560
16,560
37,296
27,600
35,190
16,618
23,355
14,700
34,965
17,260
1,128
31,913
900
900
10,852
6,174
6,860
160
19,103
14,700
20,790
18,109
18,109
26,179
25,879
25,428
24,015
15,291
10 of 16
COUNT
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
568
569
570
571
572
573
574
575
576
577
578
579
580
581
582
583
Parcel list for determining Monetary Point Value (April 2010)
EXHIBIT A
RECHAR
00199810-000000
00199820-000000
00200040-000000
00200080-000000
00200090-000000
00200170-000000
00200110-000000
00200160-000000
00200150-000000
00200140-000000
00199460-000000
00199090-000000
00199050-000000
00199040-000000
00199210-000000
00199080-000000
00199290-000000
00199350-000000
00199330-000000
00199410-000000
00198260-000000
00198120-000000
00196760-000000
00196820-000000
00200690-000100
00196810-000000
00196800-000000
00198330-000000
00196880-000000
00200430-000000
00200420-000000
00200410-000000
00200400-000000
00200390-000000
00197440-000000
00197450-000000
00197520-000000
00197530-000000
00197820-000000
00197810-000000
00197800-000000
00197790-000000
00195990-000000
00195980-000000
00177490-000000
00177500-000000
00177470-000000
00178240-000000
00178250-000000
00178260-000000
00178270-000000
00170230-000000
00170360-000000
PJUSTl
12,792
12,792
26,335
15,801
15,801
13,812
15,801
13,812
13,812
13,812
14,832
14,832
17,758
17,758
17,280
14,832
17,280
17,280
17,280
12,792
13,395
47,581
27,263
78,886
9,120
61,342
27,263
15,624
19,098
23,398
23,861
24,326
25,335
25,476
22,702
22,702
22,702
3,000
12,404
19,029
19,029
19,029
1,523,742
41,532
28,800
35,608
43,200
57,600
57,600
57,600
57,600
18,000
30
11 of 16
COUNT
584
585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
Parce/list for determining Monetary Point Value (April 2010)
EXHIBIT A
RECHAR
00171140-000000
00171130-000000
00168130-000000
00117510-001500
00117510-001200
00117510-000700
00117510-005601
00117420-001000
00117420-000900
00117420-001400
00171420-000000
00171440-000000
00316820-000100
00465130-000000
00465300-000000
00465180-000000
00465410-000000
00250590-000100
00250591-017900
00250591-018300
00246510-000100
00246470-000100
00246510-000000
00246450-000000
00246590-000000
00246760-000000
00246750-000000
00246740-000000
00246710-000000
00112100-000000
00246660-000000
00293500-000000
00250591-011300
00250591-012300
00250591-012200
00250591-013700
00250591-005300
00270550-000100
00491470-000000
00491320-000000
00454050-000000
00453960-000000
00454010-000000
00454020-000000
00453990-000000
00453900-000000
00256160-000000
00255960-000000
00255910-000000
00255760-000000
00255870-000000
00255770-000000
00255560-000000
PlUSTl
18,000
18,000
34,441
30,173
2,693
5,385
46,069
45,279
36,584
40,512
23,247
11,288
84,480
18,361
12,359
17,655
12,359
180
16,152
15,660
27,235
71,659
17,197
115,502
18,000
399,347
87,750
91,578
122,793
104,608
75,626
18,639
15,660
15,660
15,660
15,660
16,542
15,000
1,749
9,240
2,413
2,428
2,412
2,412
46,136
2,428
12,000
12,000
12,000
12,600
13,200
12,645
12,000
12 of 16
COUNT
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
Parcel list for determining Monetary Point Value (April 2010)
EXHIBIT A
RECHAR
00255580-000000
00523382-000800
00564912-001000
00564912-001100
00564912 -000400
00522700-000000
00522690-000000
00450800-000000
00450810-000000
00450460-000000
00450480-000000
00450150-000000
00450180-000000
00450190-000000
00445740-000000
00445710-000000
00449950-000000
00533190-000000
00533360-000000
00533270-000000
00480640-000000
00480650-000000
00480560-000000
00480550-000000
00480540-000000
00224970-000000
00250591-010600
00270440-000000
00270460-000000
00270470-000000
00117510-001410
00117510-001400
00565260-000000
00294370-000100
00317070-000000
00316850-000000
00317060-000000
00317050-000000
00316870-000000
00317030-000000
00316980-000000
00316970-000000
00112270-000400
00112340-001701
00112270-000500
00112341-000300
00112341-001000
00112341-001100
00112341-001300
00151370-000101
00555050-000000
00555070-000000
00555040-000000
PJUSTl
12,000
30
9,777
11,461
7,830
13,608
13,608
12,240
12,240
12,240
12,240
12,240
12,240
12,240
14,760
14,760
12,546
9,450
17,550
15,750
11,125
11,066
15,461
15,539
16,243
4,500
15,660
37,124
46,310
58,752
28,976
17,385
5,587
32,813
28,590
47,904
124,775
77,146
49,728
72,688
72,280
73,720
526,477
82,542
95,040
47,800
52,800
60,480
72,960
26,236
5,832
5,468
10,368
13 of 16
COUNT
690
691
692
693
694
695
696
697
698
699
700
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
718
719
720
721
722
723
724
725
726
727
728
729
730
731
732
733
734
735
736
737
738
739
740
741
742
Parcel list for determining Monetary Point Value (April 2010)
EXHIBIT A
RECHAR
00508920-000000
00508910-000000
00509380-000000
00509110-000000
00509390-000000
00509250-000000
00508860-000000
00508850-000000
00508680-000000
00508690-000000
00085730-000000
00085720-000000
00442780-000000
00442740-000000
00442520-000000
00442300-000000
00442500-000000
00442490-000000
00442510-000000
00442470-000000
00442190-000000
00442130-000000
00442140-000000
00442200-000000
00468520-000000
00243622-002300
00112920-000200
00112920-000100
00528870-000000
00528860-000000
00528840-000000
00528830-000000
00528690-000000
00528680-000000
00528610-000000
00306710-000000
00306710-000103
00306700-000000
00507200-000000
00507190-000000
00507160-000000
00286750-000000
00286620-000000
00286670-000000
00286710-000000
00286580-000000
00251180-000000
00251220-000000
00251320-000000
00251200-000000
00251310-000000
00111130-000000
00250680-000000
P JUSTl
10,638
10,638
10,017
10,436
11,435
8,338
13,500
13,500
13,500
13,500
6,269
30,600
30
30
30
30
30
30
30
30
30
30
30
30
88,495
72,657
59,400
59,400
7,800
7,800
7,800
7,800
7,800
7,800
7,800
15,000
25,000
30,000
2,506
4,745
2,808
52,403
87,338
87,338
65,963
52,663
19,409
17,061
19,303
7,481
19,303
151,101
35,275
14 of 16
COUNT
743
744
745
746
747
748
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
769
770
771
772
773
774
775
776
777
778
779
780
781
782
783
784
785
786
787
788
789
790
791
792
793
794
795
Parcel list for determining Monetary Point Value (April 2010)
EXHIBIT A
RECHAR
00247510-000000
00247390-000000
00250930-000000
00250960-000000
00300320-000000
00267420-000000
00267360-000000
00267490-000000
00267520-000000
00267650-000000
00267630-000000
00267580-000000
00267690-000000
00267720-000000
00267590-000000
00267780-000000
00300150-000000
00300270-000000
00300230-000000
00300260-000000
00300210-000000
00111340-000101
00111320-001900
00111320-001200
00111340-000000
00307660-000000
00307710-000000
00307950-000000
00307940-000000
00307800-000000
00307810-000000
00307930-000000
00307820-000000
00307490-000000
00307330-000000
00307160-000100
00307270-000000
00306710-000200
00306730-000000
00306720-000000
00306910-000000
00306560-000000
00306440-000000
00306450-000000
00306350-000000
00306420-000000
00306430-000000
00306360-000000
00306310-000000
00306140-000000
00306130-000000
00305380-000000
00305390-000000
PJUSTl
13,770
13,770
11,775
10,374
15,675
30,000
30,000
33,239
18,000
30,000
30,000
30,000
30,000
30,000
30,000
18,541
24,128
62,100
62,546
62,100
71,180
19,500
40,590
43,810
136,180
12,090
12,090
12,090
12,090
12,090
12,090
12,090
12,090
15,000
15,000
22,294
15,000
30,000
15,000
15,000
15,000
67,500
15,000
15,000
15,000
15,000
15,000
15,000
17,983
15,000
15,000
15,000
15,000
15 of 16
Parcel list for determining Monetary Point Value (April 2010)
EXHIBIT A
COUNT
796
797
798
799
800
801
802
803
804
805
806
807
808
809
810
811
812
813
814
815
816
817
818
RECHAR
00305760-000000
00305780-000000
00305840-000000
00305200-000000
00305160-000000
00569041-009000
00569041-009100
00565040-000000
00565810-000000
00565770-000000
00565850-000000
00565920-000000
00565640-000000
00565930-000000
00565410-000000
00565390-000000
00565360-000000
00565600-000000
00565400-000000
00565350-000000
00565560-000000
00565590-000000
00565170-000000
PJUSTl
15,000
22,500
15,560
16,444
15,000
7,290
7,290
2,984
2,925
2,925
2,925
2,925
4,221
3,728
2,633
40,500
2,633
2,925
2,633
2,633
2,925
2,925
35,100
$21,719,036
Total Value $21,719,036 divided by 818 parcels equals $26,551.39 average value per parcel
Average value $26,551.39 divided by four points equals $6,637.85 per point.
16 of 16
RESOLUTION NO. 218-2008
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ESTABLISHING THE MONETARY
VALUE OF A SINGLE ROGO ALLOCATION SYSTEM
COMPETITION POINT FOR PURPOSES OF PAYMENT BY
APPLICANTS IN THE ROGO SYSTEM WITH A MAXIMUM OF 2
POINTS AVAILABLE PER APPLICATION.
WHEREAS, the BOeC approved ordinance 009-2006 at a regularly scheduled
meeting on March 15th, 2006 establishing the potential for an applicant to receive up to a
maximum of two (2) additional points toward an application in the ROGO competition in
return for fair compensation to the County's Land Acquisition Fund; and
WHEREAS, the BOCC approved ordinance 011-2006 at a regularly scheduled
meeting on March 15th, 2006 establishing the potential for an applicant to receive up to a
maximum of two (2) additional points toward an application in the NROGO competition
in return for fair compensation to the County's Land Acquisition Fund; and
WHEREAS, ordinances 009-2006 and 011-2006 require that the monetary value
of each point be established annually by resolution of the BaeC; and
"WHEREAS, ordinances 009-2006 and 011-2006 declare that the point value
awarded for dedication of one vacant, legally platted, privately owned, buildable, lot
located in an improved subdivision (IS) or urban residential mobile home (URM) land
use district and designated Tier 1 shall be four (4) points; and
WHEREAS, ordinances 009-2006 and 011-2006 establish that the monetary
value shall be based on the average fair market value of all vacant, legally platted,
privately owned, buildable, lots located in an improved subdivision (IS) or urban
residential mobile home (URM) land use district and designated Tier 1 divided by four
(4);
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: The BOCC accepts the Growth Management Division's methodology for
establishing the average fair market value of all vacant, legally platted, privately owned,
buildable, lots located in an improved subdivision (IS) or urban residential mobile home
(URM) land use district and designated Tier 1 utilizing the current official records of the
Monroe County Property Appraiser as displayed in the geographic information system.
Section 2: The BOeC accepts the Growth Management Division's average fair market
value for all vacant, legally platted, privately owned, buildable, lots located in an
improved subdivision (IS) or urban residential mobile home (URM) land use district and
Page 1 of2
Reviewer:
designated Tier 1 to be $47,002.12 which average includes 871 properties within Monroe
County.
Section 3: The BOCC establishes the fair monetary value per point at $11,750.53. This
shall be considered the fair compensation per point awarded to an applicant with a
maximum award available of two (2) points.
PASSED AND ADOPTED at a regular meeting of the Board of County
Commissioners of Monroe County, Florida, held on the 16th day of July, 2008.
Mayor Mario De Gennaro
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Dixie M. Spehar
Yes
Yes
Yes
~
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
)....;
By:
~4~
~. ,
..~.. "-
"
: '. \\~".
; .-r'l ."'1\. \. "'-:'" ~
". # \ ~.~--
,~ <~~)~
"-A-'r-i',(St: DANNY 1. KOLHAGE, CLERK
G-~ b.C.
Mayor Mario DIGennaro -
MONROE COUNTY ATTOANIY
APPROV~D AS TO FORM
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c: '1
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Page 2 of2
Reviewer:
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Mav 19. 2010
Division:
Growth Management
Bulk Item: Yes....L- No
Department:
Staff Contact PersonJPhone #: Christine Hurley
Ext. # 2517
AGENDA ITEM WORDING: Approval of First Amendment to the agreement with Reid Ewing for
consulting services in connection with hurricane modeling, increasing original contract by $15,000.00
ITEM BACKGROUND: At the April 15, 2009 BOCC meeting the County entered into a contract with
Reid Ewing to provide consulting services in the area of hurricane evacuation modeling to provide
technical assistance related to the assumptions to be used in the 2010 model run by the Department of
Community Affairs (DCA). DCA has been proceeding with meetings of various technical participants and
the Florida Department of Transportation and Department of Emergency Management. Because three
state agencies are involved the work needed by Mr. Ewing is being extended. This amendment will
provide for additional services to be provided as required, on an as needed basis.
PREVIOUS RELEVANT BOCC ACTION:
April 15, 2009 - BOCC entered into an Agreement for Consulting Services for $11,000.00
CONTRACT/AGREEMENT CHANGES: nla
STAFF RECOMMENDATIONS: Approval
TOTAL COST$26.000 Inc!. $15K being requested INDIRECT COST: nla BUDGETED: Y --X..No _
DIFFERENTIAL OF LOCAL PREFERENCE: nla
COST TO COUNTY: $26.000.00 SOURCE OF FUNDS: 148-50001-530340
REVENUE PRODUCING: Yes
No-x-- AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ~ OMB/Purchasing..x.....-
Risk Management ~
Not Required_
DOCUMENTATION:
Included x
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Reid Ewing Contract #_
Effective Date: April 15, 2010
Expiration Date: Jun~ 19-,zQffi1
Contract Purpose/Description:
1 st Admendment to Agreement for Consulting Services with Reid Ewing extending the
expiration date, providing for additional services and .adding $15,000.00 to the
original Agreement.
Contract Manager: Christine Hurley 2517 Growth Management
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on May 19,2010 Agenda Deadline: May 4, 2010
CONTRACT COSTS
Total Dollar Value of Contract: $ 26,00,0
Budgeted? YeslZl No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $ 21 ,000
148-50001-530-340-_
- - - -
-----
- - - -
-----
- - - -
-----
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
/yr For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed RfV' er
Division Director 5'"'}"/D YesO N.~ F.-" ~-j,/
Risk Management 'Ui.{D YesONor:J ~ ~~;
Ol:../Purchasing ~ IV YesD NO'~--
cr i ,
County Attorney 't Ji (0 YesO No~ ~.. f._.oL - - r u ) ~.!l-/,
Comments: \...,i
OMB Form Revised 2/27/01 MCP #2
FIRST AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES
THIS FIRST AMENDMENT TO AGREEMENT is made as of this _ day of
, 2010, to the Agreement dated April 15, 2009, between Monroe County
("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton
Street, Key West, Florida 33040 and Reid Ewing ("CONSULTANT"), whose address is The
University of Utah, College of Architecture & Planning, 375 South 1530, East Room 235, Salt
Lake City, Utah 84112.
WITNESSETH:
WHEREAS, COUNTY and CONSULTANT desire to continue the services as described
in the Agreement dated April 15, 2009;
WHEREAS, the Agreement has an expiration date of May 19, 2009;
WHEREAS, the parties desire to extend the Agreement for an additional year which may
necessitate additional payment;
NOW, THEREFORE, COUNTY and CONSULTANT agree as follows:
1. Section I shall be amended as follows:
SECTION I. SCOPE OF SERVICES
CONSULTANT will provide COUNTY consulting services in the area of hurricane evacuation
modeling in connection with the COUNTY'S growth management objectives. The services
provided shall include a final report explaining the Florida Keys Hurricane Evacuation Model
("FKHEM") and model input parameters, and recommending updated model inputs ("Final
Report"). Additional services that may be requested by COUNTY may include (a) attending
meetings with the Florida Department of Community Affairs and COUNTY to achieve a
Memorandum of Understanding ("MOU") on model inputs; (b) collection of data on input
variables to be updated according to MOU; (c) analysis and organization of updated database for
input into FKHEM; (d) updating FKHEM and running clearance time scenario for growth
management purposes (i.e., review of comprehensive plan amendments and implementation of
Permit Allocation System and other rate of growth regulations); (e) updating FKHEM and
running clearance time scenarios for emergency management purposes; and (f) updating and
adjusting FKHEM based on evacuation phasing policy of COUNTY.
2. Section II shall be amended as follows:
SECTION II. COMPENSATION
CONSULT ANT shall be paid SIX THOUSAND DOLLARS AND NO/cents ($6,000.00) upon
the submittal of the Final Report to COUNTY. CONSULTANT shall be paid an hourly rate of
TWO HUNDRED DOLLARS AND NO/cents ($200.00) for additional services performed at the
request of COUNTY, as authorized in writing by the Director of Growth Management.
Compensation for services provided by CONSULTANT shall not exceed Twenty-six Thousand
Dollars ($26,000.00).
1
In addition to the Compensation for CONSULT ANT'S Services provided for herein, Consultant
shall be reimbursed for expenses (including air and ground transportation, meals, and lodging)
incurred in connection with travel performed at COUNTY'S request at the rate authorized by
COUNTY.
3. Section III shall be amended as follows:
SECTION III. PAYMENT
The COUNTY'S performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Board of County Commissioners and the approval of the Board
members at the time of contract initiation and its duration.
4. Section IV shall be amended as follows:
SECTION IV. PERIOD OF SERVICE
This Amendment is effective retroactive to April 15, 2010, for a period ending June 19,2011, to
prevent any lapse in services or payment. This Amendment may be extended by mutual agreement
of the parties, or terminated by either party, with or without cause, upon seven days written notice
to the other party.
5. The remaining terms of the Agreement dated April 15, 2009, not inconsistent herewith, shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amended Agreement as of the day
and year first written above.
(SEAL)
BOARD OF COUNTY
COMISSIONERS OF
MONROE COUNTY, FLORIDA
Attest: DANNY L. KOLHAGE, Clerk
By:
Deputy Clerk
By:
Mayor Sylvia J. Murphy
Date:
REID EWING
Witnesses to REID EWING:
Name:
Signature
Date
Name:
Signature
Date
2
AGUDBNT POR CONSULmrG SERVICES
THIS AGlO:DD:NT is made 18 of this t?~ of April, 2009, between
Monroe County ("COUNTY"). a political subdivisi of the State of Florida, whose
addrB is 1100 SimoDtoD Street. Key West, orida 33040 aod Reid BwiDa
("CONSULTAN'lj, whose Iddnss is The UDivenity fUtah, CoJIeae of Architecture &
PJarmR,g, 375 South 1530, Eat Room 235. Salt Lak8 City, Utah 84112 for COII8UItina
.-vices to be peaJb.med in hurricane evacuation modeJiDa in CODDeCtiem with the
COUNTY'S growth lDaDlplDeDt objectives.
WJIEUAS, CONSULTANT was pnMousIy rmployed by the Natioual Center
for Smart Growth Research IDd Education at the Univet8ity ofMaryIaDd;
.
WBDJ:AS, COUNTY pnMowdy ~Iwith the UDiversity of MmyIaad
for CODP'~ .-vices to be pe.Lu.4 by CONSULTANT in COIIDICtiOll with hurricane
evacuation modeling;
WBDJ:AS, CONSULTANT is now employed by The UDiversity of Utah;
WBDJ:AS, COUNTY .....- to c:oDdmJe to"" CONSULTANT to provide
consulting services in coonection with hunicane ~OD modeling;
WBEUAS, CONSULTANT desires to ..... these Services as described in
SECTION I, Scope of Service&;
NOW, TBEllDOU. COUNTY and CONStn.TANT in coasideration of the
mutual covenants conm;aed herein, agree as fbllows:
SECTION L SCOPE 01' SERVICES
CONSULTANT will provide COUNTY consultina services in the area of bunicane
evacuation JWVVWi"8, incIudiDa the foJlowina: (a) eYIbjIation oftbe exiatiDa Florida Keys
Hurricane BvacuaaiaD Model ("PICHBM"); (b) ~ of slat term data 80UrCeI
available to support iDterim model update; (e) report apIaiaiDa model iDFut
pII1IIIleten aad recomrrNlllltfiug updated model . (eI) 1I'IMlti11p with the Florida
Depa. taka4 of ColllmOnity AftiIin aDd COUNTY to achieve a Memonuulum of
UDdei~ ("MOUj em model iDputB; (e) of data on iDput ___ to be
1~1ted aocordiIJs to MOO; (f) 8IIIIysia and. of....... If___ for iDput
Do 1'_~ (s) ~"8 FICHEM ad J'UDDina time ICIII8rio for growth
m,~ purposes (i.e.. review of plan ~.bt aod
impl~ of Permit AIIocatioD System 8Dd J'Ite of srowtb f9Nticms); (11)
upt.t;. F.IC.HBM ad J'I~ c1araaco time .os for emea~ .........
~ (i) 1"'~"8 and adJusdua FKHEM baed eYIIft'Coa phuiDs policy of
COUNTY; and (j) providius final report to COUNTY.
I
SECTION Do COMPDSA'I10N
~ution tbr CONSULTANr'S Services under r Aareemeat sbaJI be ELEVEN
THOUSAND DOLLARS AND NO/cents ($11,000.00
In addition to the Comr-"tioJa fbr CONSULTANTS Services provided for herein,
enn.,ItJI. sbaII be reimbursed tbr expeuses (;dJdi~ air IIId grouod 1nID8portItioa,
meals. and lodsiDa) incurred in connection with travel P<<fo,rmed at COUNTY'S request.
SECI10N m PAYMENT
CaaauIlut sholl be poid FMl'l'HOUSAND AND!;f ($5,000)._ COUNTY'S
receipt of a prelimillM')' repoIt aplAinn., model . ~8 IIId reco~
'"dated model iDputs; the ~llqge of CONSULT 'S,., 1 ..... UDder the
Asreement shall be paid upon completion of'tM Scope f Services.
The COUNTY'S perfivmaace and obligation to pay ubder this Apeemeat is conti.-
upon an aaual approp.-iatiOD by tho Board ofCoumy Commi88io.... aDd the approval of
the Board members at the time of contract iaitiatiOll aad its duration.
Iftbe CONSULTANT'S dudes. obliptLw IIId ~biliti. are lIIIIIriaIIy cbaDaed
by wriueo amMVI"1ellt 10 tbia Aareemeat after'~ of this Aareem-.
CODIp"lItion due to the CONSULTANT sbell be eq$itablyadjusted, either upward or
doWDWlU'd. .
DCI10N IV. PERIOD OIP SERVICE
This Asreemem sbaI1 become etfective upon sipature by all parties and sba11 CODtiDue in
effect for one (1) year. This Aareement may be extepded by mutual ~ of the
parties, or tFnin~ by -- party, with or without C8UI&\ upon I8WIl days written
aotice to the other party.
DCTION V. NON-WAIVER OJ' IMMUNITY ANl) BOLD HARMLESS
COUNTY IIId CONStmANT acImowJedae that does DOt WIiw im....nrity
110I' does COUNTY .. to IIoId the hmn1ea; ~1Il:Ji.. the
provisioas of Sec. 768.28, Florida S1atutes, the pIl'tici . of the CONSULTANT BDd
the COUNTY in this Aareemeat IIId the of any COIDIII8I'daI liability
iaanDce coveraae. seJt:.iasurmce c:ownae. or 10cal IiIbility iasurmce pool
cownp sbaII DOt be "-med a wan. of immll11ity the exteat of liability c:ownae.
nor shall any CODtrIct eatered into by the COUNTY required to contain any provision
for waiver.
2
SECl10N VI. CONTROLLING LAW
Tbia ~ is to be gowraed by the law of the *- of Florida.. Veaue sba1I be in
MoDl'08 CouDty.
SECl10N VB. SEVDABILlTY
If any provision of this ~ is held invalid, or UDeDfoteeabJe, the rernaini"B
provisicms sbaII be valid aDd biDdius upon the parties. ODe or more waivers by either party
of 8Dy provisioD, tIIm or condition shall DOt be ~ by the otbIr' party as a waiver of
any subsequeat breIch oftbe same provisioa, term or c:oOdidon.
SECl10N vm. NONDJSC1UM1NATION
.
CONSULTANT IDd COUNTY .. that there wiD r.. DO ......... ..".met any
peI'IOII, aad it is expnl88ly UDdentood tb8t upon a .. by . court of competeat
jurisdiction that dilCfiminarioa has occurred, this 1Ut~Q)Jy tcmin-.
without 8Dy further actiOll on the pert of any party, . the date of the court order.
CONSULTANT or COUNTY ... to comply with PeclmIlDd local m.ftltel and
ordinances. as applicable. fl'JI-mw to ... These include but are DOt
limit<<J to: 1) 'l1de VI of the Civil Rigbts Act of 1 (PL 88-352) which prohibits
di8crimin8tion on the basis of race. color or IIItionaI ". 2) Title .IX of the Education
Ameqdmeat of 1972. as A,,*"-ded (20 use a. 1 1-1683, aDd 1685-1686), which
prohibita di8c:rimiDaIioo OIl die basis of sex; 3) . S04 of the ReIIabi1itaIion Ad. of
1973, II .mended (20 use s. 794), which probib' discrimiuariOll OIl the basis of
badicaps; 4) The Ap Discrimiaation Act of 1975, II (42 use 81. 6101-6107)
which probibita discrimiuatioa on die baaia of lip; S) The Drua Abuse otBCe aad
T~ Act of 1m (PI.. 92-2SS), II 811181ided. . to lIftft(fi.,,;minatioQ 011 the
basis of drus abuse; 6) The Comprehe.aaive Alcohol IDd AlcohoHsm Preveaticm.
TJ'MttIt~ and Rebabilitation Act of 1970 (PL 9 -616), as ameaded. reIatiDa to
nnndiscriminam 011. the buis of alcohol abuse 01" '. 1) The Public Health
Service Act of 1912, 81. 523 8Dd 527 (42 use u. 3 aad ~3), as ~
reIatiDa to CODfidfmti,Uty of alcohollDd dJUa abuse records; 8) Tide vm of the
Civil Rights Act of 1968 (42 use 8. et seq.), II anteDded. ",IMi. to DODdiscriminati
in the ... reat8l or ftn,ncrns of .....~ ~) TIle :5 with ])i-hilities Act of
1990 (42 use s. 1201 Note), as maybe ....... 80m time to ..... ~ to
DOIIdiscrimiuat on the bais of disability; 10) Ally ~__--=_ provisions
in 8Dy Federal or st8te atatutea which may apply to the '. to, or the subject DIIdter 0(
this Aareemem. ' .
SECI10N IX. NOTICE
Any aces .. by the parties shaU be d- ullld to beea duly .wd if delivered in
pcI'SOIl to the iDdividuala 8Dd acIdreaea Jiated below, if delivered or .. by first cIus
mail, certif1ed, return receipt, 01' by courier with proof of delivery. All written
COI'fe8JJ01.dtDce to the COUNTY shall be dated 8Dd siped by an IIUthorized
repnseatadve of the CONSULTANT. The sbaII be directed to:
3
FOR. COUNTY~
Derek V. Howard
}.BstaI't Couaty Attomey
Momoe~ Attorneys OfBce
1111 1~ Street, Suite 408
Key West, Florida 33040
FOR. CONSULTANT:
Reid Ewing
The University of Utah
CoIl. of Arr.h~ & Planni1,g
375 South 1530, East Room 235
Salt Lake City. Utah 84112
SECTION X. NO THIRD PARTY BENDlCJAIUE$
Notbiaa ~ baein sbaIl create any relatinnflhtp. ~.c1wIl or otherwise, with or
any rights in fiwor 0( any tbinI perty.
SECl10N XL BINDING D'FBCT
The tmns. COWII8IIts, ~ ad provisions oftbja Agreemeat sbIIJ bind aDd iDure
to the baaefit of the COUNTY aad CONSULT~ ad their respectiw lepl
representatives. suc:c.essors, and assigns.
SECI'ION XIL AUTHORITY
Each party rapre&eilb to the other tbat the aeamou, delivery aDd paformance of this
Asreement have been duly IUthorized by all --1 County and CoDsuItaat action, as
required by law.
SECTION' xm. ADJUDICAll0N 01' DISPUTES OR DISAGRUMBNTS
COUNTY aDd CONSULTANT .. that all .
~ to be nlIOIved by IIIIt ad coafer seaiODl
the parties. If die ill8Ue or issues are still DOt
thea any pII1y sbaIl bave the riJbt to seek: such relief
this Apenvmt. COUNTY aDd CONSULTANT
Apemeat sball be required to eater into any
Agreement.
aacl "i-y. I shall be
I. (ltIIl n,.nves of eech of
to the -.nlfaction of the parties.
remedy as may be provided by
y .. tbIt DO party to this
praceali..,. reJated to this
4
SECTION XIV. COVENANT 01' NO I.N'TERJ:ST
I
CONSULTANT aDd COUNTY COV8ll8llt that neitberE bas any iJmnst, aDd shall
not acquire Ill)' iDterest, which would conflict in any INlftner or .... with its
pedbamaace UDder tbia ~~-nt. aDd that ollly . of each is to pedbJm 8Dd
receive beaefita as recited in this Aareement. .
SltCl'lON XV. CODE 01' ETHICS
COUNTY ... that officers 8Dd employees of tile I COUNTY recopi7,e 8Dd will be
requind to comply with the ....... of ~~Iic ofticen IIId .ployees as
deIiDeated in Section 112.313, Florida Statute!, but not limited to, solicitation
or acceptaocD of sifts; doing business with ODe'. asency; UII8Uthorized compell88tion;
milUle of public positioD, C()ftf1i~ employment! OIl contDctuat relatiODSbip; and
diaclosure or use of certain iDibrmaUOIl.
SECl'ION XVl BXECIJTION ':I ~
:toO S r-
Tbio~ iaolndl"IIIyIllbilllls~;t7"ill"'tbo...... ~ ~ ~
betMm CONSULTANT aDd COUN'IY, IIId 8Dd CODIIOIa OWl' all JX@--' ~ ~
or oral UIIderst8udiIJa This ~ may be supp1emeated or ~~ c. :;0
by a written iDstrumem duly executed by the parties. ~ ~ ~ 1 ~
.::.;,; :::0 r- ::s C')
lNWl'I'NP3S WHBREOF, the parties henm have ~ this Aareement as of~ -:: ~
ami year m. writteD above. . ....(\. % fl4 C:J
r- ·
(SEAL)
Date:
JO/IJ e '""
REID BWlNG 0
W"1tDe&_ to RBID BWING:
NameCJ,lI":s-h;-,~ S'
Name:\.._~ .!f\ ne -Jk. h YlS07?
BE OF COUNTY
C SlONBRS OF
if,NllOB COUNTY, FLOIUDA
By:fil!,)&-~. n~,~.
MaWor/Chairman
Date: ,//J$'/"1
Date: ~{. f t ' 4
'0:-: "'!=,f"\:: COUNTY ATTOR'-'
I~;;~ :"Ie Ji:D AS :,
( DateS=-11-~<7
Date 5-/9-:1..00?
5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Mav 19.2010
Division: Growth Management
Bulk Item: Yes -1L.. No
Department: Planning & Envr. Resources
Staff Contact Person/Phone #: Trish Smith 289-2562
Mark Rosch 295-5180
AGENDA ITEM WORDING: Approval to withdraw a National Scenic Byways grant (SB-2008-FL-
54821) from the FDOT Work Program (FM 4260601) and for the Mayor to submit a withdrawal letter
to the FDOT.
ITEM BACKGROUND: In 2008 the County applied for a $1.4 million National Scenic Byways
grant to purchase conservation land along the US-l corridor on Big Pine Key (see attached BOCC
Agenda Item Summary). The grant application was approved and requires a $395,000 local match,
which was to be provided by the Land Authority. Subsequent to the grant award, Federal Highway
Administration, US Fish and Wildlife, and the Florida Department of Transportation ruled that the
NSB grant cannot be used to fulfill the mitigation requirements of the Big Pine Key Habitat
Conservation Plan (HCP). Had staff been aware of this prohibition, the grant application would not
have been submitted. Given the large amount of HCP mitigation land yet to be acquired and the
significant mitigation credit associated with land in the project area, Growth Management and Land
Authority staff believe that the County would be better served having the Land Authority acquire the
land so as to avoid losing the mitigation credit. The FDOT requires a letter from the County requesting
that the grant funds be removed from the FDOT Work Program.
PREVIOUS RELEVANT BOCC ACTION: On March 19,2008 the BOCC retroactively approved
submitting the grant application.
CONTRACT/AGREEMENT CHANGES: Not Applicable. The Local Agency Program (LAP)
agreement for this grant has not been prepared or executed.
ST AFF RECOMMENDATIONS: Approval
TOT AL COST:
o
INDIRECT COST:
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
o
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
(j
APPROVED BY: County Atty -t. OMB/Purchasing _ Risk Management
DOCUMENTATION:
Included
Not Required_
DISPOSITION:
AGENDA ITEM #
Planninl! Department
2798 Overseas Highway Suite 410
Marathon. Florida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
County of Monroe
/~;'~
(~~II~.
~~,., 1-:0/;'" I:
\... :;~::: r-cLf/Jl
""'<:~ \~~
~;'~~;'ib~{~~~'
Board of Count v Commissioners
Mayor Sylvia J. Murphy, Oist. 5
Mayor Pro Tern Heather Carruthers, Oist. 3
Comm. Kim Wiggington. Oist. 1
Comm. George Neugent. Oist. 2
Comm, Mario Oi Gennaro. Oist. 4
We strive to be caring, professional andfair
Mr. Gus Pego
District 6 Secretary
Florida Department of Transportation
1000 111 th Avenue
Miami, FL 33172
Subject:
Request to Remove Project from FDOT 5 Year W orkprogram
FM 4260601 - National Scenic Byways Grant
Dear Mr. Pego:
This letter serves as our official request to remove the above referenced item from the
District 6 workprogram. When the county applied for the grant to acquire native habitat
on Big Pine Key, we anticipated the ability to utilize the properties for "H" as part of the
Big Pine Key Habitat Conservation Plan. Subsequent to the grant award, we were
notified by the PDOT that these funds could not be used for that purpose.
If you have any questions about this request, please do not hesitate to contact Trish
Smith in the Planning Department at 305 304-0412 or at smith-patricia@monroecounty-
flus.
Sincerely,
Sylvia J. Murphy, Mayor
Monroe County Board of County Commission
B,,<Jc:. u p m'''Te~/A'5
-
-
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 19. 2008
Division:
Growth Management
Bulk Item: Yes l No
Department: Plannin
Staff Contact Person: h_arJene Wylie
AGENDA ITEM WORDING:
Retroactive approval of a grant application to the National Scenic Byways for $1.4 million to purchase
Key deer habitat along U.S. 1 in Big Pine Key for county mitigation. Retroactive approval is necessary
due to application deadline.
ITEM BACKGROUND:
The National Scenic Byways (NSB), a program of the Federal Highway Administration (FHW A),
announced the opening of their grant cycle to the states on February 14. Florida released this information
to their scenic highway programs on February 19. The application deadline for Florida applicants was
March 10.
This grant will be matched 20% with funds from the Monroe County Land Authority (MCLA), and will
be used to purchase critical habitat along U.S. 1 in Big Pine Key. The purchase of these lands will meet
the permitting and mitigation requirements of the U.S. Fish and Wildlife Service, as well as enhance the
scenic corridor and assist in protecting one of the county's intrinsic natural resources.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $1.750.000
BUDGETED: Yes
No
COST TO COUNTY:
$0
SOURCE OF FUNDS: NSB Grant and MCLA Funds
REVENUE PRODUCING: Yes
No~
AMOUNT PER MONTH
Year
APPROVED BY:
County Atty
x
OMB/Purchasing
Risk Management
DOCUMENTATION: Included
x
Not Required_
DISPOSITION:
AGENDA ITEM #
-{\ONAL. S.
~t- C'~
1:-
Z}
~:O~~
Project Summary 2008
State Submission Date
Mar 7,2008
SB-2008-FL-54821: Key Deer Habitat
Preservation
Division Submission Date
not submitted
State Priority
o
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, All
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
. Resource Protection
o Interpretive Information
o Marketing
Is this application a resubmission of an unfunded project from a previous year?
'J 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 Florida Keys are a series of islands that stretch off the southern-most tip of Florida. The Florida Keys Scenic
Highway is located along the entire length of U.S. I (Overseas Highway) in the Florida Keys, starting in Key Largo at
MM 106 and ending in Key West at MM O. See attachment I.
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 12
SB-2008-FL-54821: Key Deer Habitat Preservation
The project is located on Big Pine Key on U.S. 1, approximately 35 miles northeast of Key West. See attachment 2.
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 / CMP not available
Congressional Districts
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FL 18 Ros- Lehtinen, Ileana
Abstract
Project Description
Complete the sentence "This project will..," before adding remaining information,
This project will preserve 20 specific parcels in Big Pine Key along the scenic highway which are critical habitat for the
federally endangered Key deer, which are found only on these islands. In addition to preserving a significant intrinsic
quality of the scenic highway, it will preserve the beautiful viewshed, while controlling and directing growth in a popular
vacation destination.
Byway Benefits
Complete the sentence "This project benefits the byway traveler by..." before adding remaining information.
This project benefits the byway traveler by preserving a delicate ecosystem, allowing the traveler to see and understand
how nature has developed on this chain of isolated islands. Furthermore, by selecting specific high-quality parcels of
habitat along the highway that only adjoin other publicly held conservations lands, as well as along the Florida Keys
Overseas Heritage Trail, the traveler can experience this unique environment first hand either by vehicle, or by biking or
hiking the trail. The merging of these elements enhances Big Pine Key as a destination for byway travelers, and provides
more opportunities for visitors to park their vehicle and hike or bike the area.
Narrative
Project Summary
Completely describe all the major elements of your proposed project in a concise but complete summary.
This project will purchase 20 specified properties along the highway that are critical habitat for the federally endangered
Key deer, that also adjoin the Florida Keys Overseas Heritage Trail, U.S. Key Deer Refuge lands, and state and county
conservation lands. Each parcel selected was identified not only based on its quality of habitat and frontage on U,S. I,
but because they adjoin existing publicly-held conservation lands. Therefore, the project not only increases the total
acreage of protected habitat in the Lower Keys, but increases the contiguous size of each habitat area and each segment
2 of 12
SB-2008-FL-54821: Key Deer Habitat Preservation
of natural viewshed, doubling the benefit to the Key deer and to the highway traveler. See Attachments 6-11, which
show the publicly-held conservation lands in red, and the proposed parcels next to them outlined in yellow.
. What are Key deer?
The Florida Keys has a unique ecosystem, with numerous plant and animal species found nowhere else in the world.
Because the Keys were formed as a series of isolated islands, and because they are located in a subtropical weather
system conducive to year-round nourishment, these plants and animals have developed amazing adaptations. Even more
interesting is that each island contains an ecosystem slightly different from the others.
One of these amazing adaptations is found in the Key deer, a subspecies of the Virginia white-tailed deer. Due to the lack
of fresh water and land limits, these deer evolved to look exactly like their northem cousins, but grow no bigger than the
size of a medium-large dog. (See attachment 3) These deer are found on only two islands in the Keys - Big Pine Key and
No Name Key - because the Slash pine habitat is located here. These shy and diminutive creatures are gentle and
adorable, making them the sweethearts of the Keys, and a strong attraction for tourists coming to the Florida Keys. Also,
due to their incredibly limited range and numbers, they are a federally-listed endangered species.
. What are Key deer to the Florida Keys Scenic Highway?
In 1999, members of Clean Florida Keys (the CME prior to the new Florida Keys Scenic Corridor Alliance) sought the
designation of U.S. 1 from Key Largo to Key West as a Florida Scenic Highway. This was a time when development and
tourism in the Keys was reaching a peak. They felt that by designating U.S. 1 a scenic highway, it would raise awareness
of the Keys' beautiful vistas and unique ecosystem, raise awareness of the value of maintaining and preserving the
intrinsic qualities of the Keys, and encourage local govemments to consider these features when adopting plans and
approving development in environmentally sensitive areas. Their plan also was to maintain and restore native vegetation
and habitats, and encourage more eco-tourism to the Florida Keys. (See Attachment 4)
. How does the community feel about the Key deer?
Protecting the Key deer is not just a goal of the Scenic Highway. This goal is shared by the U.S. Fish and Wildlife, the
National Key Deer Refuge, the Florida Fish and Wildlife Commission, the Florida Department of Community Affairs,
the Florida Forever Program, the Monroe County Department of Growth Management, and the Monroe County Land
Authority. Each of these agencies are working in concert to identify, conserve and manage Key deer habitat, as well as
control and direct the growth and development demands in this popular vacation destination. (See Attachment 5) In
addition, local letters of support were provided by the local chapter of The Nature Conservancy, the Florida Keys
Overseas Heritage Trail, and the Florida Keys Scenic Corridor Alliance.
. Summary of the Key Deer Project:
This project is ajoint effort by Monroe County Growth Management and the Monroe County Land Authority to protect
20 specific properties of Key deer habitat. These properties have been selected for their high quality of habitat, their
proximity to the scenic highway, their proximity to the Florida Keys Overseas Heritage Trail, and their proximity to
other Key deer conservation lands. (See Attachment 6-11)
These properties will increase the contiguous acreage of habitat available to the Key deer, as well as preserve the
continuous spans of natural beauty along the highway and the heritage trail. By securing these properties, this project
also directs growth and development to occur in small clusters outside the habitat boundaries, thereby reducing spawl
development along the highway.
This will be a tremendous accomplishment along the scenic corridor, fostering a balance between the demands from
growth and tourism, and protecting one of the major resources which bring tourists to this area in the first place.
The grant will be administered by the Monroe County's Department of Growth Management.
The Monroe County Land Authority has offered their conservation funds to be used as the match for the project, and to
provide all the staff time necessary to conduct the negotiations and meet the criteria of the Unifonn Relocation Act.
3 of 12
SB-2008-FL-54821: Key Deer Habitat Preservation
Finally, the Monroe County Land Authority will provide the day-to-day on-going management and preservation of the
conservation lands, including
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 ,eMP,.
The byway traveler in the Florida Keys has 106 miles of highway and overseas bridges to enjoy on their way from Key
Largo to Key West. These visitors need hotels, restaurants and other amenities along the way, but they take the drive
down the Keys to see lengthy spans of undisturbed and exotic beauty. There are many "eco-destinations" along this
drive, and one of the most significant is the Key deer on Big Pine Key. There are over 90,000 visitors every year to the
Key Deer Refuge alone.
Unfortunately, the draw of tourists to see the elusive Key deer is placing demands for more development in the Lower
Keys, thereby jeopardizing their limited habitat.
. Resource Protection and Natural Viewshed
By directing this growth, and salvaging the remaining habitat along the highway next to the existing public conservation
lands, it is the goal of Monroe County to preserve both the tourist destination, the experience of the traveler, and the Key
deer. The selection of the parcels was calculated so that each parcel adds on to an existing public conservation land,
increasing both the total acreage of habitat in the Lower Keys, as well as increasing the contiguous size of each area of
habitat and each segment of highway viewshed. This results in a doubling of the benefits of the project.
. Enhances Alternative Transportation Facilities
This also enhances the experience of the traveler along the Florida Keys Heritage Trail, which is a bike/ped path that
parallels the entire 106 miles of the highway. Preserving the natural areas along the road frontage enhances both the
drivers' experience, as well as encourages biking or hiking the Trail. This secondary transportation use of the corridor is
part of a national trail, the East Coast Greenway. The Trail brings byway travelers closer to the conservation areas, and
provides destinations along the scenic highway.
. Interpretive and Information Opportunities
The byway traveler will find interpretive and educational information about the Lower Keys eco-system and the Key
deer at the National Key Deer Refuge. Plans for additional interpretive infonnation are in the Florida Keys Overseas
Heritage Trail interpretive signage plan.
. Supported by Local Chambers of Commerce and Local Entities
This project is consistent with the mission and goals of the Florida Keys Scenic Highway to preserve native vegetation
and habitat, and to encourage more eco-tourism to the Florida Keys. (See Attachments 4 and 12) The Florida Keys
Scenic Corridor Alliance, the CME for the Florida Keys Scenic Highway and the local community support organization
for the Florida Keys Overseas Heritage Trail, voted to provide a letter of support endorsing the project. The Alliance
directors and advisory board are made up of representatives from each of the Chambers of Commerce, including the
Lower Keys Chamber of Commerce. Other directors and advisory members include local businesses and non-profits,
local city officials, and representatives from the Florida Park Service, Everglades National Park, and the Florida Keys
National Marine Sanctuary. Letters of support also were provided by The Nature Conservancy, the Key Deer Protection
Alliance, and the Big Pine Key Civic Association, all local organizations on Big Pine Key.
Prior Projects
Describe any relationship between this project and previously funded National Scenic Byways grant projects. In
addition, discuss how the proposed work relates to any multi-year work plan byway leaders have developed.
4 of 12
SB-2008-FL-54821: Key Deer Habitat Preservation
This project is consistent with the Scenic Highway's Corridor Management Plan (See Attachments 4 and 12).
The Interpretive Master Plan outlines the natural history of the Florida Keys, and identifies the Key deer as a critical
element in the natural history of the Keys. It also identifies the National Key Deer Refuge on Big Pine Key as a
Community Visitors Center and as I of the 8 significant sites in the Florida Keys.
Project Coordinator
Please provide contact information for a person responsible for this project.
Name: Charlene Wylie
Title: Scenic Highway Coordinator
Organization: Monroe County Planning
Address: 88800 Overseas Highway
Tavernier, FL 33070
Phone: 305-852-7102
Fax: 305-852-7103
E-mail: wylie-charlene@monroecounty-fl.gov
5 of 12
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SB-2008-FL-54821: Key Deer Habitat Preservation
Budget
Cost Breakdown
Total Cost Requested Match
1,750,000 1,400,000 350,000
25,000 0 25,000
20,000 0 20,000
$1,795,000 $1,400,000 $395,000
Matching Funds
Source Type Description Amount
Monroe County Cash Matching Funds for Actual Purchase Price of Properties 350,000
Land Authority
Monroe County Cash Cash - Contracting Property Appraisals 25,000
Land Authority
Monroe County Services (Non-state In-kind services for staff time - Contract Negotiations and 20,000
Land Authority or Non-federal) administrative tasks associated with Uniform Relocation Act
Total $395,000
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
o Fish and Wildlife Service
o 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)
v FHWA allocates the funds for the project to an Indian tribe or tribal government (provide contact
information below)
7 of 12
SB-2008-FL-54821: Key Deer Habitat Preservation
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:
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.
o Location of Florida Keys Scenic Highway
Location map of the Florida Keys Scenic Highway
Digital version: Attachment 1 - Location of FKSH odf (1.0 MB)
o Location of Big Pine Key
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Location map ofthe Big Pine area in relation to scenic highway
Digital version: Attachment 2 - Location of Bio Pine Kev,odf (293.6 KB)
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8 of 12
SB-2008-FL-54821: Key Deer Habitat Preservation
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--..J.': 0 Picture of Key Deer
This is a picture of the Key deer from the CMP.
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Digital version: Attachment 3 - Picture of Kev Deer in CMP Storv odf (165,5 KB)
o Information from CMP
This attachment consists of the relevant pages from the CMP (corridor story, goals, action
items) confirming that this project and it's purpose is discussed and supported by the CMP.
Digital version: Attachment 4 - Key Deer and the CMP.Ddf (1.3 MB)
o Habitat Conservation Plan
This is a page from the CMP which discusses the habitat conservation plan for the Key deer
with the U.S. Fish and Wildlife, for control of growth in Big Pine and No Name Keys.
Digital version: Attachment 5 - Habitat Conservation Plan pdf (132.0 KB)
o Map of Specified Parcels
This map is an overall map, showing the location of the project parcels in Big Pine. Red
parcels show existing public lands, yellow outlines show parcels selected for purchase.
Digital version: Attachment 6 - Overview MaD of Parcels Ddf (1.3 MB)
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Digital version: Attachment 7 - MaD Insert 1 of 5,Ddf (1,4 MB)
This map is a close-up view of the first set of parcels in Big Pine Key. The project parcels
are highlighted in yellow, and the public conservation lands are hatched in red.
c Map Insert 2 of 5
This map is a close-up view of the second set of parcels in Big Pine Key. The project parcels
are highlighted in yellow, and the public conservation lands are hatched in red.
Digital version: Attachment 8 - Map Insert 2 of 5 odf (1.4 MB)
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. Map Insert 3 of 5
This map is a close-up view of the third set of parcels in Big Pine Key, The project parcels
are highlighted in yellow, and the public conservation lands are hatched in red.
9 of 12
SB-2008-FL-54821: Key Deer Habitat Preservation
Digital version: Attachment 9 - MaD Insert 3 of 5 pdf (1.3 MB)
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III Map Insert 4 of 5
This map is a close-up view of the fourth set of parcels in Big Pine Key. The project parcels
are highlighted in yellow, and the public conservation lands are hatched in red.
Digital version: Attachment 10 - MaD Insert 4 of 5,Ddf (1.4 MB)
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o Map Insert 5 of 5
This map is a close-up view of the last set of parcels in Big Pine Key. The project parcels are
highlighted in yellow, and the public conservation lands are hatched in red.
Digital version: Attachment 11 - MaD Insert 5 of 5 odf (1,3 MB)
o List of Property Values
This is a table of all the properties with their idenfification numbers and estimated values.
Digital version: Attachment 12 - Land Values,odf (6.4 KB)
o Letter of Support from CME
This is the letter of support from the CME for the Florida Keys Scenic Highway.
Digital version: Attachment 13 - CME Letter of Suooort odf (47,1 KB)
o Letter of Support from the FKOHT
This is the letter of support from the Florida Keys Overseas Heritage Trail.
Digital version: Attachment 14 - FKOHT Letter of Suooort odf (225.9 KB)
o Letter of Support from Rep. Saunders
Letter of Support from Rep. Saunders
Digital version: Attachment 15 - Letter of Suooort from Reo. Saunders odf (75,5 KB)
10 of 12
SB-2008-FL-54821: Key Deer Habitat Preservation
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o Letter of Support from USFWS
The U.S. Fish and Wildlife Service is a partner with the county in the Habitat Conservation
Plan for the Lower Keys, and supports the project in that it preserves the endangered
resources in the area.
Digital version: Attachment 16 - Letter of Support from USFWS odf (71.8 KB)
Letter of Support from FFWC
The Florida Fish and Wildlife Commission supports this project, located in an area of state
critical concern, and its conservation of the endangered species in the Lower Keys.
Digital version: Attachment 17 - Letter of Suooort FFWC.odf (311.0 KB)
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o Letter Certifying Matching Funds
Letter from Monroe County Land Authority certifying the matching funds.
Digital version: Attachment 18 - Letter Certifying Matchinc Funds odf (35,7 KB)
o Letter of Support from The Nature Conservancy
The Nature Conservancy is a national non-profit organization, with locally based chapters.
The Florida Keys has a local chapter in the Lower Keys, the home of the Key deer.
Digital version: Attachment 19 - Letter of Suooort from TNC odf (92,8 KB)
o Letter of Support from Big Pine Key Civic Association
Local organization in support of project.
Digital version: Aootachment 20 - Letter of Suooort from Sic Pine Kev Civic Association pdf (108,8 KB)
o Letter of Support from Key Deer Protection Alliance
Support from local non-profit organization
Digital version: Attachment 21 - Letter of Suooort from Key Deer Protection Alliance,odf (112,1 KB)
11 of 12
SB-2008-FL-54821: Key Deer Habitat Preservation
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: Title:
Mark Rosch Director, Monroe County Land Authority
Signature: Date:
12 of 12
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19.2010
Division: Growth Management
Bulk Item: Yes --1L- No
Department: Planning and Environmental Resources
Staff Contact PersonlPhone #: Trish Smith. ph. 289-2562
AGENDA ITEM WORDING: Approval of Amendment No. 5 of the Transportation Planning
Assistance Contract with URS Corporation Southern to increase the compensation $150,000 from
$424,015.34 to $574,015.34.
ITEM BACKGROUND: The Transportation Planning Assistance contract is funded at 100% by the
Florida Department of Transportation under Joint Participation Agreement AOU27 and FM 428298-1.
This increase is requested to cover the costs associated with, 1) the design of the wayfinding signage
program; 2) site plan development review; and 3) miscellaneous transportation related studies that may
be required by the county.
PREVIOUS RELEVANT BOCC ACTION:
March 17,2010 - Approval of Amendment No.4 increasing the compensation to $424,015.34 for the
annual US Highway 1 Arterial Travel Time Delay Study for 2010.
May 20, 2009 - Approval of Amendment No.3 increasing the compensation to $406,000
February 20, 2008 - Approval of Amendment No.2 extending the rate schedule to include the years
2008,2009, and 2010 to reflect a 3% annual increase in hourly billing rates
September 20, 2006 - Approval of Amendment No. 1 increasing the compensation to $355,000
January 19, 2005 - Approval of Transportation Planning Services Contract with URS Corporation
Southern for $185,000
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $202.102.92 (FY 2010) INDIRECT COST: nla
BUDGETED: Yes ~No
COST TO COUNTY: $0
REVENUE PRODUCING: Yes
No X
SOURCE OF FUNDS: JP A AOU27 (Grant) and
FM 428298-1 (Grant)
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty -1L ~urChasing ~ Risk Management ~
DOCUMENTATION: Included X Not Required_
DISPOSITION:
Revised 1/09
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: URS Corp. Southern
Contract #_
Effective Date: January 15,2005
Expiration Date: none
Contract Manager: Trish Smith
(Name)
2562
(Ext. )
Planningl# II
(Department/Stop #)
for BOCC meeting on
May 19,2010
Agenda Deadline: May 7, 2010
CONTRACT COSTS
Total Dollar Value of Contract: $ 574,015.34
Budgeted? YeslZl No D Account Codes:
Grant: $ 729,750
County Match: $ 0
Current Year Portion: $ 202,102.92
125-50516-_-_-_
GW0702-530340-_-_-_
- - -
-----
- - - -
-----
Estimated Ongoing Costs: $Q/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For: n/a.
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed ~e. er
Division Director 5~~ YeSDNo.~~ e-r ?K
Risk Management ~'J1-(i) YesD NoB ~.-~
O.~purchaSing YesD NO~ ~
~ . ..
County Attorney '-1/):;),110 YesD No. ~. ...~J ''"'
Comments:
Date Out
(0
OMB Form Revised 2/27/0 I Mep #2
AMENDMENT NO.5 TO CONTRACT DATED JANUARY 19,2005
BETWEEN MONROE COUNTY AND URS CORPORATION SOUTHERN
This Amendment No.5 to the contract (Contract) between Monroe County and URS Corporation
Southern (Consultant) dated January 19,2005, is made and entered into this _day of ,2010.
WITNESSEm:
Whereas, Monroe County approved a contract for $185,000 with Consultant on January 19,2005, for
transportation planning services including Transportation Planning Assistance and US Highway I Arterial
Travel Time and Delay Studies; and
Whereas, Monroe County approved Amendment No. I to the Contract on September 20, 2006,
increasing the compensation available to the Consultant to $355,000; and
Whereas, Monroe County approved Amendment No.2 to the Contract on February 20,2008, extending
the rate schedule to include the years 2008, 2009, and 2010 to reflect a 3% annual increase in hourly
billing rate; and
Whereas, Monroe County approved Amendment No.3 on May 20, 2009 to increase the compensation to
$406,000; and
Whereas, Monroe County approved Amendment No.4 on March 17,2010 to increase the compensation
to $424,015.34; and
Whereas, Monroe County and Consultant desire to increase the available compensation to the Consultant
and hereby agree to amend the Contract as follows:
I. Section 4.1 COMPENSA nON shall read as follows:
"The compensation available to the CONSULTANT under this agreement is $574,015.34"
2. All other provisions of the Contract between Monroe County Board of County Commissioners
and Consultant URS Corporation Southern shall remain in full force and effect.
ATTEST:
Danny L. Kolhage, Clerk
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Sylvia J. Murphy
WITNESSED
URS Corporation Southern
(I):
By:
Print Name:
Title:
(2):
Print Name:
Print Name:
Date:
CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ~~~~ TYPE OF INSURANCE POLICY NUMBER ~'r'.fJ..W;~59v~~~ C2f1:1~W<~IM:~~ LIMITS
LTR
A ~NERAL LIABILITY GL919652 5/1/2009 5/1/2010 EACH OCCURRENCE $ 2 000.000
~AMAGE~?ERENTED AI
X COMMERCIAL GENERAL LIABILITY REMISE Ea occurence $ 1 000 000
.1 CLAIMS MADE [i] OCCUR MED EXP (Anyone person) $ 10 000
eX XCU, BFPD PERSONAL & ADV INJURY $ 2 000 000
eX Contractual Liabilit" GENERAL AGGREGATE $ 2 000 000
~'LAGGR~ LIMIT APnS PER: PRODUCTS. COMP/OP AGG $ 2.000 000
POLICY X rra LOC
B ~TOMOBILE LIABILITY BAP938521500 5/1/2009 5/1/2010 COMBINED SINGLE LIMIT
(Ea accident) $ 2,000,000
-X. ANY AUTO
- ALL OWNED AUTOS BODILY INJURY
(Per person) $
- SCHEDULED AUTOS
- HIRED AUTOS BODILY INJURY
(Per accident) $
- NON-OWNED AUTOS
- PROPERTY DAMAGE $
(Per accident)
~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
[JESS/ UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR D CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
C WORKERS COMPENSATION WC6988231 1/1/2010 1/1/2011 X I T";:;~~IfJNs I IOTH-
AND EMPLOYERS' LIABILITY ER
Y/N
A ANY PROPRIETORlPARTNERlEXECUTIVE. WC6988234 1/1/2010 1/1/2011 E.L. EACH ACCIDENT $ 2.000.000
OFFICERlMEMBER EXCLUDED? WC6988230/WC6988232 1/1/2010 1/1/2011 2.000.000
C (Mandatory In NH) E.L. DISEASE. EA EMPLOYEE $
D ~~~CI~~~~~rs<l~NS below WC6988236 1/1/2010 1/1/2011 E.L. DISEASE. POLICY LIMIT $ 2 000.000
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Re: Professional Transportation Planning / Engineering - Professional Services.
Monroe County Board of County commissioners is an Additional Insureds with respect operations
performed by or for the Named Insured as respects General & Auto Liability.
CERTIFICATE HOLDER
CANCELLATION
Monroe County Board of County
Commissioners C/o Monroe County Growth Mgmnt
Attn: Division Director REPRESENTATIVES.
2798 Overseas Highway, Suite 410 A ORIZEDRE~S:NTAIIVt
Marathon, FL 33050 'Y\--~
ACORD 25 (2009/01) Coll:2893004 Tpl:1029928 Cert:13628010 @1988-2009ACORD
The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
ORPORATION. All rights reserved.
Page 2 of 2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2009/01)
Coll:2893004 Tpl:1029928 Cert:13628010
MONROE COUNTY
CONTRACT FOR PROFESSIONAL SERVICES
PROFESSIONAL TRANSPORTATION PLANNING/ENGINEERING
CONSULTANT SERVICES
THIS CONTRACT is made and entered into this /9 tA day of ... iff N , 2005, by
MONROE COUNTY, a political subdivision of the State of Florida, whose address is the
Marathon Government Center, 2798 Overseas Highway, Marathon, Florida 33050,
hereafter the CLIENT, and URS Corporation Southern whose address is 5100 NW 33rd
Ave., Suite 150, Ft. Lauderdale, FL 33309-6375, hereafter CONSULTANT.
Section 1. SCOPE OF SERVICES.
The CONSULTANT shall do, perform and carry out in a professional and proper
manner certain duties as described in the Scope of Services - Exhibit "A" - which is
attached hereto and made a part of this agreement.
Section 2. CLIENT'S RESPONSIBILITIES.
2.1 Provide all best available data and base maps as to the CLIENT's requirements
for Work Assignments. Designate in writing a person with authority to act on the
CLIENT's behalf on all matters concerning the Work Assignment.
2.2 Furnish to the CONSULTANT all existing plans, studies, reports, and other
available data pertinent to the work, and obtain or provide additional reports and
data as required by the CONSULTANT. The CONSULTANT shall be entitled to
use and rely upon such information and services provided by the CLIENT or
others in performing the CONSULTANT's services.
2.3 Arrange for access to and make all provisions for the CONSULTANT to enter
upon public and private property as reasonably required, and legally allowed, for
the CONSULTANT to perform services hereunder. Any obstruction to such
access by private property owners shall not constitute a basis for waiver of any
other required entries on to public and private property, nor shall it provide a
basis for termination of the contract. In the event that such access is so
obstructed, CONSULTANT and CLIENT shall work together to resolve the
difficulty in a timely manner.
2.4 Perform such other functions as are indicated in Exhibit "A".
Section 3. TIME OF COMPLETION.
The services to be rendered by the CONSULTANT for each individual work order
request shall be commenced upon written notice from the CLIENT and the work shall
be completed in accordance with the schedule mutually agreed to by the CLIENT and
1 of 16
CONSULTANT, unless it shall be modified in a signed document, by the mutual consent
of the CLIENT and CONSULTANT. Subsequent services shall be perfonned in
accordance with schedules of performance which shall be mutually agreed to by
CLIENT and CONSULTANT.
Section 4. COMPENSATION.
4.1 The compensation available to the CONSULTANT under this current agreement
is $185,000. The CLIENT agrees to pay the CONSULTANT according to the
percentages of completion of each Task within each Phase as provided in the
Scope of Services based on progress reports and other documentation to show
the hours expended by each of the consultant's staff. Should there be any
reimbursable expense request and should there be any disagreement on these,
any disagreement regarding which items are reimbursable shall be submitted to
the County Clerk for determination and whose decision shall be final.
4.2 This is an on-going contract and may be amended from time to time as approved
mutually by CLIENT and CONSULTANT.
4.3 The hourly billing rates of the CONSULTANT. expected to include virtually all
costs including travel, used in calculating the compensation due are:
Position
Section 5. PAYMENT TO CONSULTANT.
Rate/Hour in Dollars
1/1/06 to 111/06 to 1/1/07 to
12131/05 12131108 12/31/07
$151.67 $156.22 $160.91
$175.62 $180.89 $186.32
$144.84 $149.19 $153.66
$103.77 $106.88 $110.09
$72.50 $74.68 $76.92
$64.27 $66.20 $68.18
$39.72 $40.91 $42.14
5.1 Any request for payment must be in a form satisfactory to the County Clerk
(Clerk). The request must describe in detail the services perfonned and the
payment amount requested. The CONSULTANT must submit to the Client
Project Manager, who reviews the request within 15 days of receipt. Client
Project Manager shall note their approval on the request and forward it to the
Clerk for payment. If a portion of a request for payment is not approved, the
Project Manager must inform the CONSULTANT in writing that must include an
explanation of the deficiency that caused the disapproval of the request. The
undisputed portion will be forwarded to the Clerk for payment.
2 of 16
determines a deficiency in the request requires disapproval of the request. In
that case, the Clerk shall inform the CONSULTANT of the disapproval in writing
together with an explanation of the deficiency that caused the Clerk to
disapprove the request.
5.3 CONSUL TANT shall submit progress reports (to include all activities, results of
meetings, etc.) with all invoices on a monthly or otherwise regular basis until the
work under this agreement is completed.
5.4 If the CLIENT fails to make any payment due to the CONSULTANT for services
and expenses within forty-five (45) days after the invoice dates, the
CONSULTANT may, after giving seven (7) days written notice to the CLIENT,
suspend services until the CONSULTANT has been paid in full all amounts due
for services.
5.3 Continuation of this contract is contingent upon annual appropriation by Monroe
County.
Section 6. CONTRACT TERMINATION.
Either party may terminate this Contract because of the failure of the other party to
perform its obligations under the Contract. If the CLIENT terminates this Contract
because of the CONSULTANT's failure to perform, then the CLIENT must pay the
CONSULTANT the amount due for all work satisfactorily completed as determined by
the CLIENT up to the date of the CONSULTANT's failure to perform but minus any
damages the CLIENT suffered as a result of the CONSULTANT's failure to perform.
The damage amount must be reduced by the amount saved by the CLIENT as a result
of the Contract termination. If the amount owed the CONSULTANT by the CLIENT is
not enough to compensate the CLIENT, then the CONSULTANT is liable for any
additional amount necessary to adequately compensate the CLIENT up to the amount
of the Contract price.
Section 7. AUTHORIZATION OF WORK ASSIGNMENTS.
7.1 All work assignments beyond or in addition to EXHIBIT "A" shall be authorized in
a signed document in accordance with the CLIENT's policy prior to any work
being conducted by the CONSULTANT.
7.2 Additional authorizations may contain additional instructions or provisions
specific to the authorized work for the purpose of clarifying certain aspects of this
Agreement pertinent to the work to be undertaken. Such supplemental
instruction or provisions shall not be construed as a modification of this
Agreement. Authorizations shall be dated and serially numbered.
7.3 The CONSULTANT shall not assign, sublet or transfer any rights under or
interest in (including, but without limitations, moneys that may become due or
3 of 16
moneys that are due) this agreement or subsequent Work Assignment without
the written consent of the CLIENT, except to the extent that any assignment,
subletting, or transfer is mandated by law or the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in any written consent
to any assignment, no assignment will release or discharge the assignor from
any duty or responsibility under this agreement.
Section 8. NOTICES.
All notices, requests and authorizations provided for herein shall be in a signed
document and shall be delivered or mailed to the addresses as follows:
To the CLIENT:
Monroe County Board of County Commissioners
clo Monroe County Growth Management Division
2798 Overseas Highway, Suite 410
Marathon, Florida 33050
Attention: Division Director
To the CONSULTANT:
URS Corporation Southern
5100 NW 33rd Ave., Suite 150,
Ft. Lauderdale, FL 33309-6375
or addressed to either party at such other addresses as such party shall hereinafter
furnish to the other party in writing. Each such notice, request, or authorization shall be
deemed to have been duly given when so delivered, or, if mailed, when deposited in the
mails, registered, postage paid.
Section 9. RECORDS.
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement
and for four years following the termination of this Agreement. If an auditor employed
by the CLIENT or Clerk determines that monies paid to CONSULTANT pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the
CONSULTANT shall repay the monies together with interest calculated pursuant to
Sec. 55.03, FS, running from the date the monies were paid to CONSULTANT.
Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND
020-1990.
The CONSULTANT warrants that it has not employed, retained, or otherwise had act
on its behalf any former County officer or employee subject to the p~ohibition of Section
4 of 16
2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3
of Ordinance No. 020-1990. For breach or violation of this provision, the County, in its
discretion, may terminate this Contract without liability and may also, in its discretion,
deduct from the Contract or purchase price, or otherwise recover the full amount of any
fee, commission, percentage gift, or consideration paid to the former County officer or
employee.
Section 11. CONVICTED VENDOR.
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not perform
work as a CONSULTANT, supplier, subconsultant, or CONSULTANT under contract
with any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017 of the Florida Statutes, for the
Category two for a period of 36 months from the date of being placed on the convicted
vendor list.
Section 12. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the CLIENT and CONSULTANT agree
that venue will lie in the appropriate court or before the appropriate administrative body
in Monroe County, Florida.
The CLIENT and CONSULTANT agree that, in the event of conflicting interpretations of
the terms or a term of this Agreement by or between any of them the issue shall be
submitted to mediation prior to the institution of any other administrative or legal
proceeding.
Section 13. SEVERABILITY.
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by a court of competent jurisdiction, the remaining terms, covenants,
conditions and provisions of this Agreement, shall not be affected thereby; and each
remaining term, covenant, condition and provision of this Agreement shall be valid and
shall be enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms, covenants, conditions and provisions of this Agreement would prevent
the accomplishment of the original intent of this Agreement. The CLIENT and
CONSULTANT 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.
5 of 16
Section 14. ATTORNEY'S FEES AND COSTS.
The CLIENT and CONSULTANT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as
an award against the non-prevailing party, and shall include attorney's fees, courts
costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance
with the Florida Rules of Civil Procedure and usual and customary procedures required
by the circuit court of Monroe County.
Section 15. BINDING EFFECT.
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the CLIENT and CONSULTANT and their respective legal
representatives, successors, and assigns.
Section 16. AUTHORITY.
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS.
The CLIENT and CONSULTANT agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each
of the parties. If no resolution can be agreed upon within 30 days after the first meet
and confer session, the issue or issues shall be discussed at a public meeting of the
Board of County Commissioners. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law.
Section 18. COOPERATION.
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, CLIENT
and CONSULTANT agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement.
CLIENT and CONSULTANT specifically agree that no party to this Agreement shall be
required to enter into any arbitration proceedings related to this Agreement.
Section 19. NONDISCRIMINATION.
6 of 16
CLIENT and CONSULTANT agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the
court order. CLIENT or CONSULTANT agrees to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352)
which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of
the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination
on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42
USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The
Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended
from time to time, relating to nondiscrimination on the basis of disability; 10) Any
other nondiscrimination provisions in any Federal or state statutes which may apply to
the parties to, or the subject matter of, this Agreement.
Section 20. COVENANT OF NO INTEREST.
CLIENT and CONSULTANT covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
Section 21. CODE OF ETHICS.
CLIENT agrees that officers and employees of the CLIENT recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
Section 22. NO SOLICITATION/PAYMENT.
The CLIENT and CONSULTANT warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee
7 of 16
working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona
fide employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision, the CONSULTANT agrees that the CLIENT
shall have the right to terminate this Agreement without liability and, at its discretion, to
offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
Section 23. PUBLIC ACCESS.
The CLIENT and CONSULTANT shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the CLIENT and CONSULTANT in conjunction with this Agreement; and
the CLIENT shall have the right to unilaterally cancel this Agreement upon violation of
this provision by CONSULTANT.
Section 24. NON-WAIVER OF IMMUNITY.
Notwithstanding he provisions of Sec. 286.28, Florida Statutes, the participation of the
CLIENT and the CONSULTANT in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local 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 CLIENT be required to
contain any provision for waiver.
Section 25. PRIVILEGES AND IMMUNITIES.
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or
employees of the CLIENT, when performing their respective functions under this
Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the County.
Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES.
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended
to, nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional
8 of 16
or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
Section 27. NON-RELIANCE BY NON-PARTIES.
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the CLIENT and the
CONSULTANT agree that neither the CLIENT nor the CONSULTANT or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or
superior to the community in general or for the purposes contemplated in this
Agreement.
Section 28. ATTESTATIONS.
CONSULTANT agrees to execute such documents as the CLIENT may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
Section 29. NO PERSONAL LIABILITY.
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall
be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
Section 30. EXECUTION IN COUNTERPARTS.
This Agreement may be executed in any number of counterparts, each of which shall
be regarded as an original, all of which taken together shall constitute one and the
same instrument and any of the parties hereto may execute this Agreement by singing
any such counterpart.
Section 31. SECTION HEADINGS.
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
Section 32. INSURANCE POLICIES.
32.1 General Insurance Requirements for Other Contractors and Subcontractors
9 of 16
As a pre-requisite of the work governed, or the goods supplied under this contract
(including the pre-staging of personnel and material), the CONSULTANT shall obtain, at
his/her own expense, insurance as specified in any attached schedules, which are
made part of this contract. The CONSULTANT will ensure that the insurance obtained
will extend protection to all Subconsultants engaged by the CONSULTANT. As an
alternative, the CONSULTANT may require all Subconsultants to obtain insurance
consistent with the attached schedules.
The CONSULTANT will not be permitted to commence work governed by this contract
(including pre-staging of personnel and material) until satisfactory evidence of the
required insurance has been furnished to the CLIENT as specified below. Delays in the
commencement of work, resulting from the failure of the CONSULTANT to provide
satisfactory evidence of the required insurance, shall not extend deadlines specified in
this contract and any penalties and failure to perform assessments shall be imposed as
if the work commenced on the specified date and time, except for the CONSULTANT'S
failure to provide satisfactory evidence.
The CONSULTANT shall maintain the required insurance throughout the entire term of
this contract and any extensions specified in the attached schedules. Failure to comply
with this provision may result in the immediate suspension of all work until the required
insurance has been reinstated or replaced. Delays in the completion of work resulting
from the failure of the CONSULTANT to maintain the required insurance shall not
extend deadlines specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work had not been suspended, except for the
CONSULTANT'S failure to maintain the required insurance.
The CONSULTANT shall provide, to the CLIENT, as satisfactory evidence of the
required insurance, either:
. Certificate of Insurance
or
· A Certified copy of the actual insurance policy.
The CLIENT, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract, upon the filing of a valid claim, and the
insurance company's refusal to provide the indicated coverage and defense.
All insurance policies must specify that they are not subject to cancellation, non-
renewal, material change, or reduction in coverage unless a minimum of thirty (30) days
prior notification is given to the CLIENT by the insurer.
The acceptance and/or approval of the CONSUL T ANT'S insurance shall not be
construed as relieving the CONSULTANT from any liability or obligation assumed under
this contract or imposed by law. The Monroe County Board of County Commissioners,
10 of 16
its employees and officials will be included as "Additional Insured" on all policies, except
for Workers' Compensation, employer's liability and professional liability.
Any deviations from this General Insurance Requirements must be requested in writing
on the County prepared form entitled "Request for Waiver of Insurance
Requirements" and approved by Monroe County Risk Management.
32.2 INSURANCE REQUIREMENTS.
Prior to the commencement of work governed by this contract, the CONSULTANT shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
. Premises Operations
. Bodily Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$250,000 per Person
$500,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
32.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS.
Recognizing that the work governed by this contract requires the use of vehicles, the
CONSULTANT, prior to the commencement of work, shall obtain Vehicle Liability
Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum, liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
11 of 16
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
32.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS
Prior to the commencement of work governed by this contract, the CONSULTANT shall
obtain Workers' Compensation Insurance with limits sufficient to respond to the
applicable state statues.
In addition, the CONSULTANT shall obtain Employers' Liability Insurance with limits of
not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact
business in the state of Florida.
If the CONSULTANT has been approved by the Florida's Department of Labor, as an
authorized self-insurer, the CLIENT shall recognize and honor the CONSULTANT'S
status. The CONSULTANT may be required to submit a Letter of Authorization issued
by the Department of Labor and a Certificate of Insurance, providing details on the
CONSULTANT'S Excess Insurance Program.
If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will
be required. In addition, the CONSULTANT may be required to submit updated
financial statements from the fund upon request from the County.
32.5 ENGINEERS ERRORS AND OMISSIONS LIABILITY INSURANCE
REQUIREMENTS
Recognizing that work governed by this contract could include furnishing of engineering
services, the CONSULTANT shall maintain, throughout the life of the Agreement,
Engineers Errors and Omissions Liability Insurance which will respond to damages
12 of 16
resulting from any claim arising out of performance of professional services or any error
or omission of CONSULTANT arising out of work governed by this Agreement. The
insurance shall be maintained in force for a period of two years after the date of
Completion of the Services set forth in subparagraph 1(a). The minimum limits of
liability shall be $1,000,000 per occurrence.
Section 33. INDEMNIFY/HOLD HARMLESS.
The CONSULTANT does hereby consent and agree to indemnify and hold harmless
the County, its Mayor, the Board of County Commissioners, appointed Boards and
Commissions, Officers, and the Employees, and any other agents, individually and
collectively, from all fines, suits, claims, demands, actions, costs, obligations,
reasonable attorneys fees, or liability of any kind arising out of the sole negligent
actions of the CONSULTANT or substantial and unnecessary delay caused by the
willful nonperformance of the CONSULTANT and shall be responsible and answerable
for any and all accidents or injuries to persons or property to the extent arising out of its
negligent performance of this contract. The amount and type of insurance coverage
requirements set forth hereunder shall in no way be construed as limiting the scope of
indemnity set forth in this paragraph. The CLIENT does hereby covenant and agree to
indemnify and save harmless the CONSULTANT from any fines, suits, claims,
demands, actions, costs obligations, attorney fees, or liability of any kind resulting from
a negligent act or omission by the County, it's Mayor, the Board of County
Commissioners, appointed Boards and Commissions, Officers, and the Employees,
and any other agents individually and collectively under the provisions and up to the
limits of liability as stated in Section 768.28 F .S. Further the CONSULTANT agrees to
defend and pay all legal costs attendant to acts attributable to the sole negligent act of
the CONSULTANT.
At all times and for all purposes hereunder, the CONSULTANT is an independent
contractor and not an employee of the Board of County Commissioners. No statement
contained in this agreement shall be construed so as to find the CONSULTANT or any
of his/her employees, contractors, servants or agents to be employees of the Board of
County Commissioners for Monroe County. As an independent contractor the
CONSULTANT shall provide independent, professional judgment and comply with all
federal, state, and local statutes, ordinances, rules and regulations applicable to the
services to be provided.
The CONSULTANT shall be responsible for the completeness and accuracy of its work,
plan, supporting data, and other documents prepared or compiled under its obligation
for this project, and shall correct at its expense all significant negligent errors or
omissions therein which may be disclosed to CONSULTANT in writing within one year
of completion of services under a particular work order. The cost of the work necessary
to correct those errors attributable to the CONSULTANT and any damage incurred by
the CLIENT as a result of additional costs caused by such errors shall be chargeable to
the CONSULTANT. This provision shall not apply to any maps, official records,
13 of 16
contracts, or other data that may be provided by the County or other public or semi-
public agencies.
The CONSULTANT agrees that no charges or claims for damages shall be made by it
for any delays or hindrances attributable to the CLIENT during the progress of any
portion of the services specified in this contract. Such delays or hindrances, if any,
shall be compensated for by the County by an extension of time for a reasonable period
for the CONSULTANT to complete the work schedule. Such an agreement shall be
made between the parties.
IN WITNESS WHEREOF each party hereto has caused this Agreement to be executed
by its duly authorized representative.
(SEAL). '."
Attest: {>~NNY L.. KOLHAGE, CLERK
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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(C~PORAiE SEAL)
AtteSt: -
U RS Corporation Southern
By
By
V;ce
Title
Title
14 of 16
EXHIBIT "A"
SCOPE OF SERVICES
TRANSPORTATION CONSULTANT SERVICES
MONROE COUNTY, FLORIDA
TASK 1: US 1 ARTERIAL TRAVEL TIME AND DELAY STUDIES
1. PURPOSE
The travel time studies will be used to monitor the level of service on US-1 for
concurrency management purposes pursuant to Chapter 163, Florida Statutes. The
studies will be conducted in accordance with the methodology that was developed by
the US1 LOS Task Force and approved by the County, the Florida Department of
Transportation, and the Florida Department of Community Affairs.
2. ACTIVITIES
A. Using the floating car method, the County will record travel time, speed and delay
data for:
a) each of the 24 segments of US 1 from Florida City to Stock Island; and
b) the length of US 1 from the Miami-Dade County line to the Cow Key Channel.
B. The data will be recorded by date, day of week, time of day, and direction.
C. The study will be conducted over 14 days within the six-week period from February
15 to March 31. The study will consist of 14 round-trip runs, sampling each day of
the week twice.
D. The study schedule will be coordinated with seven day, 24 hour traffic counts to be
conducted by FOOT in Islamorada, Marathon, and Big Pine Key.
E. The study will employ the staggered schedule of departure times previously
approved by the Task Force so as to record peak hour conditions in as many
different locations as possible.
F. The study results will be summarized in report format including a series of tables
and graphs. A statistical analysis of the mean, median, standard deviation, and
range of speeds for each segment and for the overall distance will be provided.
Excess roadway capacity and deficiencies in capacity will be reported.
15 of 16
TASK 2: GENERAL TRANSPORT A liON PLANNING ASSISTANCE
1. PURPOSE
The purpose of this task is to provide assistance to the Monroe County Growth
Management Division staff for the purpose of maintaining and updating the Long Range
Transportation Plan, to ensure that transportation concurrency requirements are met by
public and private development, and other tasks necessary to maintain a high level of
coordination between land use planning and transportation planning activities in the
Florida Keys. This task will provide assistance for general transportation planning and
analysis activities, including data collection and technical support.
2. ACTIVITIES
The transportation planning consultant will provide assistance to Monroe County
Growth Management Division in the following areas:
a) review of site plans for internal traffic flows and access;
b) preparation of traffic impact reports,
c) review of access management issues,
d) development of access management plans,
e) origin-destination studies,
f) attendance at appropriate public meetings and hearings;
g) trip generation rates for land uses
h) provision of review comments on relevant transportation documents prepared by
other agencies;
i) review of transportation element of reports and plans prepared by County staff in
support of the comprehensive plan amendments;
j) systems planning analysis (including running the FSUTMS model or other
transportation planning models deemed as appropriate by Client and Consultant);
k) re-evaluation of the level of service methodology for US-1; and
I) special transportation projects to implement the comprehensive plan.
16 of 16
AMENDMENT NO.1 TO AGREEMENT
BETWEEN MONROE COUNTY
AND URS CORPORATION SOUTHERN,
DATED JANUARY 19, 2005
The Board of County Commissioners and URS Corporation Southern, hereby agree to
amend the subject Agreement as follows:
· The first sentence of Section 4. COMPENSATION:
"The compensation available to the CONSULTANT under this agreement is
$185,000 $355.000."
All other provisions of the Agreement between Monroe County Board of County
Co.m~ioners and URS Corporation Southern, shall remain in full force and effect.
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: :..f"!..... \ ~;' MONROE COU TY, FLORIDA
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ATTEST:
U RS Corporation Southern
By:
Assistant Secretary
By:
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AMffiNDMENTNO.2TOAGREEMENT
2D08FEB 29 PH f: 37 BETWEENMONROECOUNTY
AND URS CORPORATION SOUTHERN,
DANII'r' I' ",,,....
'( L. i" .;-Jlhl~t DATED JANUARY 19,2005
CUt em. CT.
MONROE COl!r{Jv. FLA .. .
The Board of County COmmISSIoners and URS CorporatIon Southern, hereby agree to
amend the subject Agreement as follows:
· To extend the hourly billing rates from Section 4.3 to includes the years 2008,
2009, and 2010, based on a 3% per year increase, to wit:
Position
1/1/2008 to
12/31/2008
$165.74
$191.91
$158.27
$113.39
$79.23
$70.23
$43.40
Rate in Dollars
1/1/2009 to
12/31/2009
$170.71
$197.67
$163.02
$116.79
$81.60
$72.33
$44.71
1/1/2010 to
12/31/2010
$175.83
$203.60
$167.91
$120.30
$84.05
$74.50
$46.05
URS Corporation Southern
By:
By:
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AMENDMENT NO.3 TO CONTRACT DATED JANUARY 19,2005
BETWEEN MONROE COUNTY AND URS CORPORATION SOUTHERN
This Amendment No.3 to the contract (Contract) between Monroe County and UR~orporation
Sou (Consultant) dated January 19, 2005, is made and entered into this d - day of
,2009.
WITNESSETH:
Whereas, Monroe County approved a contract for $185,000 with Consultant on January 19,
2005, for transportation planning services including Transportation Planning Assistance and US
Highway I Arterial Travel Time and Delay Studies; and
Whereas, Monroe County approved Amendment No. 1 to the Contract on September 20, 2006,
increasing the compensation available to the Consultant to $355,000; and
Whereas, Monroe County approved Amendment No.2 to the eontract on February 20,2008,
extending the rate schedule to include the years 2008, 2009, and 2010 to reflect a 3% annual
increase in hourly billing rates; and
Whereas, Monroe County and Consultant desire to increase the available compensation to the
Consultant and hereby agree to amend the Contract as follows:
I. Section 4.1 COMPENSA nON shall read as follows:
" , c. -
1/.. ,t~;~: ~~mpensation available to the CONSULTANT under this agreement is $406,000."
.l~;/ ..:~~1\ -'~yisions of the <?ontract between Monr~e ~ounty Board of County Commissioners
, ...! \ ~ '..' WltPRS Corporation Southern shall remam In full force and effect.
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BOARD OF COUNTY COMMISSIONERS OF
MONR2 COUNTY, FLORIDA
By: #-;,-~. 'oJo4Ao.~~
Mayor/C air
WITNE~ f
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Print Name: . oHtJ A'R'RI-ETA
By:
Title: '\J 1
Print Name:
Date:
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AMENDMENT NO.'" TO CONTRACT DATED JANUARY 19,2005
BETWEEN l\-IONROE COUNTY AND URS CORPORATION SOUTHERN
This Amendment No.4 to the contract (Contract) between Monroe County and URS Corporation
Southern (Consultant) dated January 19.2005. is made and entered into this nJ1dayof
Marcil.201O.
WITNESSETH:
Whereas, Monroe County approved a contract for $185,000 with Consultant on January 19,
2005, for transportation planning services including Transportation Planning Assistance and US
Highway I Arterial Travel Time and Delay Studies; and
Whereas, Monroe County approved Amendment No. I to the Contract on September 20, 2006,
increasing the compensation available to the Consultant to $355.000; and
Whereas, Monroe County approved Amendment No.2 to the Contract on February 20,2008,
extending the rate schedule to include the years 2008, 2009, and 2010 to reflect a 3% annual
increase in hourly billing rate; and
Whereas, Monroe County approved Amendment No.3 on May 20,2009 to increase the
compensation to $406,000; and
Whereas, Monroe County and Consultant desire to increase the available compensation to the
Consultant and hereby agree to amend the Contract as follows:
I. Section 4.1 COMPENSA nON shall read as follows:
"The compensation available to the CONSULTANT under is this agreement is
$424,015.34. "
2. All other provisions of the Contract between Monroe County Board of County
Commissioners and Consultant URS Corporation Southern shall remain in full force and
effect.
ATTEST:
Danny L. Kolhage, Clerk
BOARD OF COUNTY COMMISSIONERS OF
\10NROE COUNTY, FLORIDA
BY:~~
aYOr/~air
ByJb~C. ~
Deputy Clerk
WITNESSED
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By:
Print Name:
Title:
Print Name: es
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 19. 2010
Division: Growth Management
Bulk Item: Yes -X-
No
Department:
Staff Contact Person/Phone #: Susan Grimsley
Ext. # 2517
AGENDA ITEM WORDING: Approval of Fourth Amendment to the Agreement with Greenberg
Traurig P.A. for the consulting services of Kenneth Metcalf, extending the contract expiration date,
and increasing the amount payable by $25,000.00 to an amount not to exceed $86,000.00.
ITEM BACKGROUND: This amendment will extend the existing agreement for the continued
services of Mr. Metcalf in reviewing and verifying the Hurricane Model Update to identify and
implement the current and future permitting capacity for all types of housing and to assist in
negotiations and discussions with the Department of Community Affairs on this issue.
PREVIOUS RELEVANT BOCC ACTION:
July 16,2006 - BOCC approved agreement with Greenberg Traurig
July 19, 2007 - BOCC approved Amendment No.1 to the agreement
June 18,2008 - BOCC approved Amendment No.2 to the agreement changing scope of work and
making total compensation $36,000.00
September 16, 2009 - BOCC approved Amendment No.3 to the agreement extend and increase
compensation by $25,000
CONTRACT/AGREEMENT CHANGES:
Extend expiration date and increase contract amount.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: 86.000 Incl. $25K being requested INDIRECT COST: nla BUDGETED:Yes ANo_
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $86.000 SOURCE OF FUNDS: 148-50001-530318
REVENUE PRODUCING: Yes
No x
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty -L OMBIP4V"chasing -LRisk Management _x_
DOCUMENTATION:
Included x
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Greenberg Traurig P A Contract #_
Effective Date:
Expiration Date: 06/19/11
Contract PurposelDescription:
Fourth Amendment to Contract will extend the agreement for the continued services of
Kennth Metcalf in reviewing and verifying the HjJrricane Model Update to identify
and implement the current and future permittin~c~ity for all types of housing.
Contract Manager: Susan 2517 GMD
Grimsley/Christine
Hurley
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 05/19/10 Agenda Deadline: 05/02/10
CONTRACT COSTS
Total Dollar Value of Contract: $ 86,000
Budgeted? YeslZl No D Account Codes:
Grant: $
County Match: $ N/ A
Current Year Portion: $ 25,000
148-50001-~-318-_
- - - -
-----
- - - -
-----
-
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed ~evie r
Division Director s:.~.,~ YesD Nola ~~. ~/.'l-'" C ~
Risk Management If...-~.{() YesDNoEY ..~
o.~.IPUrC~Sing _J> YesD No~ ~ . p~~
County Attorney :5-3-/<> YesD NoJ2g ~
Comments:
Date Out
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FOURTH AMENDMENT TO
AGREEMENT FOR SERVICES
for
GREENBERG TRAURlG, P.A.
This Fourth Amendment (Amendment) is made and entered into this _ day of
, 2010 to the Agreement dated July 19, 2006 (Agreement) between Greenberg
Traurig, P.A. (Firm), 101 East College Avenue, Tallahassee, Florida 32302 and Monroe County,
a political subdivision of the State of Florida (County), 1100 Simonton Street, Key West, Florida
33040.
WITNESSETH:
WHEREAS, County and Firm desire to continue the services as described in the Second
Amendment to Agreement dated the 18th day of June, 2008; and
WHEREAS, the Third Amendment to Agreement established an expiration date of June 19,
2010, and increased the total expenditure for fees and expenses to $61,000; and
WHEREAS, the parties desire to extend the Agreement for an additional year which may
necessitate additional payment;
NOW, THEREFORE, the parties agree as follows:
1. Paragraph 4 shall be amended as follows:
4. PAYMENTS TO FIRM
D. Fees and expenses shall not exceed an additional Twenty-five Thousand Dollars
($25,000.00) for a total expenditure of $86,000.00 under the Agreement regardless of the date of
service under previous amendments. In the event this sum is not sufficient due to the services to
be provided, the contract may be amended. It is anticipated that the parties will further define the
specific activities listed in the scope of work by task order in letter or e-mail format. Services
provided by Mr. Bouthillier shall be limited to general supervision of contract implementation
pursuant to paragraph 14 and shall not exceed $500.00 per task order.
2. Paragraph 5 shall be amended as follows:
5. TERM OF AGREEMENT
This Amendment is effective until June 19, 2011, unless terminated earlier under
paragraph 18 of the Agreement or upon payment of the total compensation, whichever occurs
first.
3. The remaining terms of the Agreement entered into on July 18, 2006, and First Amendment to
Agreement dated July 18, 2007, and Second Amendment to Agreement dated June 18, 2008, and
Third Amendment to Agreement dated September 16, 2009, not inconsistent herewith, shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Fourth Amendment.
ATTEST
DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk
Mayor Sylvia J. Murphy
GREENBERG TRAURlG, P.A.
Reginald L. Bouthillier, Jr.
Title:
Date:
TAL 451,547,866v1 5-3-10
2
THIRD AMENDMENT TO
AGREEMENT FOR SERVICES
for
GREENBERG TRAURIG, P.A.
#~endment (Amendment) Is made and entered into thiS/~~CIllY of
2009 to the Agreement dated July 19, 2006 (Agreement) between
Greenberg TraUrig, P A (Finn) , 101 East College Avenue, Tallahassee, Florida 32302
and Monroe County, a political subdivision of the State of Florida (County), 1100
Simonton Street, Key West, Florida 33040.
WITNESSETH:
WHEREAS, County and Finn desire to continue the services as described in the
Second Amendment to Agreement dated the 18th day of June, 2008; and
WHEREAS, the Agreement has an expiration date of July 19, 2009; and
WHEREAS, the parties desire to extend the Agreement for an additional year which
may necessitate additional payment;
NOW, THEREFORE. the parties agree as follows:
1. Paragraph 4 shall be amended as follows:
4. PAYMENTS TO FIRM
D. Fees and expenses shall not exceed an additional Twenty-five Thousand
Dollars ($25,000.00) for a total expenditure of $61,000.00 under the Agreement
regardless of the date of service under previous amendments. In the event this sum is
not sufficient due to the services to be proVided, the contract may be amended. It is
anticipated that the parties will further define the specific actiVities listed in the scope of
work by task order In letter or e-mail fonna!. Services proVided by Mr. Bouthillier shall be
limited to general supervision of contract implementation pursuant to paragraph 14 and
shall not exceed $500.00 per task order.
* * * *
2. Paragraph 5. shall be amended as follows:
5. TERM OF AGREEMENT
This Amendment is effective retroactive to July 20, 2009, for a period ending
June 19, 2010, to prevent any lapse in services or payment, unless tenninated earlier
under paragraph 18 of the Agreement or upon payment of the total compensation,
whichever OCcurs first.
3. The remaining terms of the Agreement entered into on July 18, 2006 and First
Amendment to Agreement dated July 18, 2007 and Second Amendment to Agreement
dated June 18 2008, not inconsistent herewith, shall remain in full force and effect.
0'6 00
, the parties have executed this Third Amendment.
~
~
BOARD OF COUNTY COMMISSIONERS
OF ~NROE COUNTY, FLORIDA
~~~. ~ ~
Mayor Georg . N gent
Title:
Date:
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SECOND AMENDMENT TO
AGREEMENT FOR SERVrCES
for
GREENBERG TRAURIG, P.A.
This Second Amendment (Amendment) is made and entered into this 18th day of
.Junll! ,2008 to the Agreement dated July 19, 2006 (Agreement), between
Greenberg Traurig, P.A.(Firm) , 101 East College Avenue, Tallahassee, Florida 32302
and Monroe County, a political subdivision of the State of Florida (County),
1100Simonton Street, Key West, Florida 33040.
WITNESSETH:
WHEREAS, County and Firm desire a more expanded scope of services to be allowed
under the terms of the Agreement; and
WHEREAS. pursuant to the terms of the First Amendment to the Agreement dated July
18, 2007, the Agreement will expire on July 19th, 2008; and
WHEREAS, the parties desire to.extend the Agreement for an additional year which
may necessitate additional payment;
NOW, THEREFORE, the parties agree as follows:
1. Paragraph 2. Scope of the Work shall read as follows:
2. SCOPE OF THE WORK
The Firm shall assist County by providing professional services to review the
Hurricane Evacuation Model in order to identify data, demographic, and other
potential refinements that would increase the current and future permitting
capacity for affordable and other housing, to support the planning efforts for
transient and market rate housing and the resulting need for employee and
affordable housing, to negotiate with the Department of Community Affairs on
these issues, and to assist County with its presentations concerning these
issues. This Agreement is limited to planning services, except for the limited
legal services described herein. The scope of services is retroactive to May 1,
2008.
2. Paragraph 4. Payments to Firm shall read as follows:
4. PAYMENTS TO FIRM
D. The pricing for the different types of work shall be as follows:
Fees and expenses are limited to Thirty-siX Thousand Dollars ($36,000.00)
from May 1, 2008 to July 19, 2009. Both parties agree that this contract
,.. ,.. ,.. ,.. *
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amount may not be sufficient to complete the scope of work, depending on
the number of requested meetings, extent of negotiations required and other
activities deemed necessary by the parties. In that event, such services may
be provided by amending the contract. It is anticipated that the parties will
further define the specific activities listed in the SCope of work by task order in
letter or e-mail format. Services provided by Mr. Bouthillier shall be limited to
general supervision of contract implementation pursuant to Paragraph 14 and
shall not exceed $500.00 per task order.
3. Paragraph 5. Term of Agreement shall read as follows:
5. TERM OF AGREEMENT
This Agreement commences on the date of the execution by all parties, and
ends on the 19th of July 2009, unless terminated ear/ier under paragraph 18
of this Agreement or upon payment of the total compensation whichever
comes first.
4. The remaining terms of the Agreement entered into on July 18, 2006, not inconsistent
~~~Jth, shall remain in full force and effect.
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A'IT T: BOARD OF COUNTY COMMISSiONERS
a~K OF~#eDA
Deputy Clerk Mayor iGennaro
Date: ~I ". ~K
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FIRST AMENDMENT TO AGREEMENT
FOR SERVICES
GREENBERG TRAURlG P.A.
Dated July 18, 2006
THIS F~ENDMENT (herein after "Amendment") is made and entered into this JJ!i-
day of .2007, to the Agreement ("Agreement") dated July 18, 2006 between
Greenberg ra g P.A. whose address is 101 East College Avenue, Tallahassee, Florida 32302,
and Monroe County, a political subdivision of the State of Florida ("COUNTY''), whose address
is 1100 Simonton Street, Key West, Florida 33040.
WHEREAS, the Agreement dated July 18, 2006 is set to expire on July 19, 2007; and
WHEREAS, County and Greenberg Traurig desires to continue the Agreement for
another one year term.
NOW THEREFORE the parties hereby agree as foHows:
I. Paragraph 5 of the Agreement shall be amended to read in its entirety as foHows:
"5. TERM OF AGREEMENT
This Agreement commences on the date of execution by aU the parties, and
ends on the 19th day of July 2008, unless terminated earlier under paragraph 18
of this Agreement or upon payment of the total compensation whichever
comes first."
ining terms of the Agreement entered into on July 18, 2006, not
shaH remain in full force and effect.
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'" S WHEREOF, the parties have caused these presents to be executed in
s.
LHAGE, CLERK.
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Print Name
DATE:
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TAL 45141798Ov1 7/212007
MONROE COUNTY ATTORNEY
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NATlLEENE W. CASSEL
ASSIsrANT COUNTY ATrORNEY
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MONROE COUNTY AT r
03 3{ 32 p rn
07-17-2006
2/13
AGRBBMEIIT FOR SBRVlCBS
For
GREENBERG TRAURlG, P.A.
THIS AGREEMENT made and entered into this Ig~day of July,
2006, by and between MONROE COUN1Y, a political subdivision of the
State of Florida ("COUN1Y"), whose address is 1100 Simonton Street, Key
West, Florida 33040 and Greenberg Traurig, P.A., whose address is 101
East College Avenue, Tallahassee, Florida 32302, its successors and
assigns, hereinafter referred to as "FIRM". The contract services shall be
performed by Kenneth Metcalf, AICP, Director of Planning Services for
FIRM, except for legal services described herein.
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of
FIRM to assist COUN1Y; and
WHEREAS, FIRM has agreed to provide professional services as
defined in the Scope of Work below.
NOW, THEREFORE, in consideration of the mutual promises,
covenants and agreements stated herein, and for other good and valuable
consideration, the sufficiency of which is hereby acknowledged, COUNTY
and FIRM agree as follows:
1. THE AGREEMENT
The Agreement consists of this document only. Any other Agreements
between the parties separate are independent agreements and shall be
read, interpreted and enforced as separated independent agreements.
2. SCOPE OF THE WORK
The FIRM shall assist COUN1Y by providing professional services, to
review the Hurricane Evacuation Model in order to identify and
implement potential refinements that would increase the current and
future permitting capacity for affordable housing; to negotiate with the
Department of Community Affairs on this issue; and support the
planning efforts of the Affordable Housing Task Force to encourage
development of affordable housing in the Florida Keys
This Agreement is limited to planning services, except for the
limited legal services described herein.
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3. REPRESENTATIONS AND WARRANTIES
FIRM warrants that he is authorized by law to engage in the performance
of the activities herein described, subject to the terms and conditions set
forth in this Agreement.
A. FIRM shall at all times exercise independent, professional
judgment and shall assume professional responsibility for the services to
be provided.
B. FIRM shall maintain all necessaIy licenses, permits or other
authorizations necessary to act as FIRM for the Project until the FIRM'S
duties hereunder have been fully satisfied;
C. FIRM assumes full responsibility to the extent allowed by law
with regards to his performance and those directly under his employ.
D. FIRM shall provide services using the following standards, as a
minimum requirement, FIRM shall maintain adequate staffing levels to
provide the services required under the Agreement, FIRM personnel shall
not be employees of or have any contractual relationship with the
COUNTY, and all personnel engaged in performing services under this
Agreement shall be fully qualified, and, if required, to be authorized or
permitted under State and local law to perform such services.
E. FIRM'S services shall be performed as expeditiously as is
consistent with professional skill and care and the orderly progress of the
work.
F. FIRM is an independent contractor under this Agreement. In
providing the services, FIRM and its agents shall not be acting and shall
not be deemed as acting as officers, employees, or agents of the COUNTY,
nor shall they accrue any of the rights or benefits of a COUNTY
employee.
4. PAYMENTS TO FIRM
A. COUN1Y'S performance and obligation to pay under this
agreement, is contingent upon annual appropriation by the Board of
COUNTY Commissioners.
B. COUNTY shall pay in accordance with the Florida Prompt
Payment Act; payment will be made periodically, but no more frequently
than monthly, in arrears as hereinafter set forth.
C. FIRM shall submit detailed, itemized invoices to the COUNTY
with supporting documentation acceptable to the Clerk based on
generally accepted accounting principles and such laws, rules and
regulations as may govern the Clerk's disbursal of funds.
D. The pricing for the different types of work shall be as foHows:
1) the total contract amount of this Agreement including all
fees and expenses is lWENTY THOUSAND DOLLARS AND NO/cents
($20,000.00); however, both parties agree that this contract amount may
not be sufficient to complete the scope of work, depending on the number
of requested meetings, extent of negotiations required and other activities
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deemed by the parties as necessary or appropriate to support the efforts
of the task force to promote affordable housing. It is anticipated that the
parties will further define the specific activities listed in the scope of work
in order to further refme future contract amounts if the contact amount
allocated in this agreement is reached. Services provided by Mr.
Bouthillier shall be limited to general supervision of contract
implementation pursuant to Paragraph 14 and shall not exceed $500.00
2) FIRM will be paid for his or her services based on the
number of hours expended on behalf of COUN1Y (rounded to the nearest
tenth hour for each time entry), not to include time billable to or
compensated by other clients, multiplied by the FIRM'S hourly rate as set
forth below:
Kenneth B. Metcalf $220.00 per hour ~
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Reginald L, Bouthillier, Jr., Esq. $ . per hour
3) The following minimum billing documentation and time-
keeper requirements are a condition precedent to payment by the COUNTY.
At a minimum the invoices shall state the name of the timekeeper, a
description of the task performed, the amount of time expended by each
time-keeper daily (and, within each day, broken down by task where more
than one project or task was worked upon within the same day). In a
summazy at the beginning or end of the bill, provide the hourly rate for each
time-keeper, the total time billed by each time-keeper in that bill, the
product of the total time and hourly rate for each time-keeper, the total fees
charged, and a reconciliation between the amount charged and any
applicable estimated or budgeted amount, by task. In addition, each
monthly statement should show the aggregate billing for that matter from
the commencement of the matter through the currently-billed month.
FIRM shall describe within each itemized daily task entry, in
sufficient detail to readily allow the COUNTY to determine the necessity
for and reasonableness of the time expended, the services performed, the
project or task each service relates to, the subject and purpose of each
service, and the names of others who were present or communicated
with in the course of pezforming the service.
FIRM will bill COUN1Y only for time reasonably and
necessarily incurred to render professional services on COUN1Y'S behalf in
accordance with this Agreement. Time attributable to billing questions is
not billable. Time expended by time-keepers who have not been approved by
COUN1Y as indicated above is also not billable.
FIRM will charge no more than the hourly rate quoted above
throughout the duration of the Agreement, unless otherwise agreed upon
and approved by the Board of COUN1Y Commissioners. The rates FIRM
will charge COUN1Y represent the lowest rates charged by the same time-
keepers to other clients. In the event that lower rates or discounts are
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MONROE COUNTY A TT
033913Plll 07-177006
provided to other clients, FIRM and approved time-keepers will also provide
them on the same basis to COUNTY.
To the extent the FIRM makes use of existing work product,
e.g., in the form of research previously performed for another client, then
FIRM may bill on1y that time expended in using that work product for
COUN1Y. In other words, no premium, markup, or other adjustment may
be made to bill COUN1Y for time spent on work already performed.
4) FIRM will charge expenses such as travel, per diem,
meals, mileage, hotel, or airfare shall be paid according to FI. Statute
112.321 and according to Chapter 2 Administration, Article XXVI of the
Monroe COUNTY Ordinances, however, time spent in transit, locaDy or
otherwise, may be billed only if FIRM or time-keeper is unable to avoid
traveling by using other forms of communication. Travel by more than one
time-keeper at the same time to the same destination is not allowed without
prior approval from COUN1Y. Approved travel time will be billed at the
hourly rate listed for the time-keeper.
Actual cost for necessary long distance telephone calls,
telecopying at $.25 per outgoing page, overnight or expedited delivery,
COuriers, photocopying at $.15 per page, postage, court fees, and other
expenses approved in advance by COUN1Y or as listed below:
FIRM is expected to avoid using expedited or emergency
services, such as express delivery services, couriers, telecopying, overtime,
and so on, unless necessary because of unexpected developments or
extremely short deadlines. COUN1Y may refuse to pay for any such
expenses when incurred routinely or because of FIRM'S failure to manage
the matter efficiently.
FIRM is expected to use computerized research services cost-
effectively to reduce time spent on research, for example, while closely-
monitoring computerized research to insure that the charges are
reasonable and necessazy. FIRM is expected to pass through to COUN1Y
any discounts or other arrangements that reduce the cost of computerized
services.
5. TERM OF AGREEMENT
This Agreement commences on the date of the execution by all parties,
and ends on the 19th day of July, 2007, unless terminated earlier under
paragraph 18 of this Agreement or upon payment of the total
compensation whichever comes fIrSt.
6. FIRM'S ACCEPrANCE OF CONDITIONS
FIRM has, and shall maintain throughout the term of this Agreement,
appropriate licenses; proof of such licenses and approvals shall be
submitted to the COUN'lY upon request.
7. PUBLIC ACCESS
COUN1Y and FIRM shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its
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possession or under its control subject to the provisions of Chapter 119,
Florida Statutes, and made or received by COUNTY and FIRM in
conjunction with this Agreement; and COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by
FIRM.
8. LIMITED INDEMNI1Y
FIRM agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any claims, losses, damages, and expenses
that County has that are caused by FIRM'S negligence.
9. INSURANCE
Prior to execution of this agreement, FIRM shall furnish the COUNTY
Certificates of Insurance indicating the minimum coverage limitations in
the following amounts:
WORKERS COMPENSATION AND EMPWYER'S LIABILITY
INSURANCE: Where applicable, coverage to apply for all employees at a
minimum statutOIY limits as required by Florida Law.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY
INSURANCE: Hired and non-owned auto liability insurance, including applicable
no-fault coverage, with limits of liability of not less than $300,000.00 per
occurrence, combined single limit for Bodily Injury Liability and Property
Damage Liability. Coverage shall include all owned vehicles, all non-
owned vehicles, and all hired vehicles.
COMMERCIAL GENERAL LIABILITY: Commercial general liability
coverage with limits of liability of not less than $300,000.00 per
occurrence combined single limit for Bodily Injwy Liability and Property
Damage Liability.
PROFESSIONAL LIABILTIY: Professional liability insurance for
negligence in an amount not less that $500,000.00.
CERTIFICATES OF INSURANCE: Original Certificates of Insurance
shall be provided to the COUNTY at the time of execution of this
Agreement and certified copies provided if requested. Each policy
certificate shall be endorsed with a provision that not less than thirty
(30) calendar days' written notice shall be provided to the COUNTY before
any policy or coverage is canceled or restricted. The underwriter of such
insurance shall be qualified to do business in the State of Florida. If
requested by the COUNTY Administrator, the insurance coverage shall be
primary insurance with respect to the COUNTY, its officials, employees,
agents and volunteers.
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MONROE COUNTY AT r
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10. NON-WAIVER OF IMMUNITy
Nothing in this Agreement is intended to act as a waiver of the provisions
of Sec. 286.28, Florida Statutes, and COUNTY specifically does not agree
to a waiver in any form, including but not limited to the participation of
COUNTY and FIRM in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage which shall not be deemed
a waiver of immunity to the extent of liability coverage, nor shall any
Agreement entered into by COUN1Y be required to contain any provision
for waiver.
11. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement FIRM is an
independent contractor and not an employee of the Board of COUNTY
Commissioners of Monroe COUNTY. No statement contained in this
agreement shall be construed so as to fmd FIRM or any of his employees,
subcontractors, servants, or agents to be employees of the Board of
COUN1Y COmmissioners of Monroe COUNTY.
12. NONDISCRIMINATION
COUNTY and FIRM agree that there will be no discrimination against any
person, and it is expressly understood that upon a detennination 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 and
FIRM 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: 1) Title VI of the Civil Rights Act of 1964 (PL 88-
352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 USC ss. 1681- 1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3} Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination
on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amendecl (42 USC ss. 6101- 6107) which prohibits discrimination on the
basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-
255), as amended, relating to nondiscrimination on the basis of drug
abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol
and drug abuse patent records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; 9) The Americans with
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Disabilities Act of 1990 (42 use s. 1201 Note), as maybe amended from
time to time, relating to nondiscrimination on the basis of disability; 10)
Any other nondiscrimination provisions in any Federal or state statutes
which may apply to COUN1Y and FIRM to, or the subject matter of, this
Agreement
13. ASSIGNMENT/SUBCONTRACT
FIRM shall not assign or subcontract its obligations under this
agreement, except in writing and with the prior written approval of the
Board of County Commissioners of Monroe County, which approval shall
be subject to such conditions and provisions as the Board may deem
necesswy. This paragraph shall be incorporated by reference into any
assignment or subcontract and any assignee or subcontractor shall
comply with all of the provisions of this agreement. Unless expressly
provided for therein, such approval shall in no manner or event be
deemed to impose any additional obligation upon the Board.
14. COMPUANCE WITH LAW AND LICENSE REOUIREMMENTS
.
In providing all services/goods pursuant to this agreement, FIRM shall
abide by all statutes, ordinances, rules and regulations pertaining to, or
regulating the provisions of, such services, including those now in effect
and hereinafter adopted. Any violation of said statutes, ordinances, rules
and regulations shall constitute a material breach of this agreement and
shall entitle the Board to terminate this Agreement immediately upon
delivery of written notice of termination to FIRM. FIRM shall possess
proper licenses to perform work in accordance with these specifications
throughout the tenn.of this Agreement.
15. DISCLOSURE AND CONFLICT OF INTEREST
GREENBERG TRAURIG, P.A. is large, national law firm with clients
throughout Florida involving a wide variety of matters. As such, we may
represent existing or future clients with matters adverse to th~ County.
Therefore, we have included the following conflict waiver to address any
conflicts that arise out of existing or future representations. It is
understood that GREENBERG TRAURIG, P.A. may represent other
present or future clients in matters adverse to Monroe County in legal or
other proceedings, other than the matter that is the subject of this letter
or a matter substantively related thereto. Except as described above, we
will at all times adhere to all applicable guidelines and provisions of the
Code of Professional Responsibility. The FIRM shall immediately notify
the County in writing if it discovers any potential ethical impediment in
executing the services described herein. The FIRM reserves the right to
terminate this contract in that event to resolve the impediment and shall
not be precluded from representing current or future clients that may be
related to the identified impediment.
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Upon execution of this Agreement, and thereafter as changes may
require, FIRM shall notify the COUNTY of any fmandal interest it may
have in any programs in Monroe COUNTY which may be substantively
related to the Scope of Work.
COUN1Y and FIRM warrant that, in respect to itself, it has neither
employed nor retained any company or perso~, 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 finn, 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, FIRM 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.
16. NO PLEDGE OF CREDIT
FIRM shall not pledge the COUNTY'S credit or make it a guarantor of
payment or surety for any contract, debt, obligation, judgment, lien, or
any fonn of indebtedness. FIRM further warrants and represents that it
has no obligation or indebtedness that would impair its ability to fulfill
the tenns of this Agreement.
17. NOTICE REOUIREMENT
Any notice required or permitted under this agreement shall be in writing
and hand delivered or mailed, postage prepaid, to the other party by
certified mail, returned receipt requested, to the following:
FOR COUNTY:
Ty Symroski
Marathon Govemment
Center
Monroe County Growth
Management Department
2798 Overseas Highway
Marathon, FL 33050
COUNTY ATTORNEY
PO Box 1026
Key West, FL 33040
FOR FIRM:
Reginald L. Bouthillier, Jr., Esq.
Kenneth B. Metcalf, AICP
Greenberg Traurig, P.A.
101 East College Avenue
Tallahassee, Florida 32302
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18. TAXES
The COUNTY is exempt from payment of Florida State Sales and Use
taxes. FIRM shall not be exempted by virtue of the COUNTY'S exemption
from paying sales tax to its suppliers for materials used to fulfill its
obligations under this Agreement, nor is FIRM authorized to use the
COUNTY'S Tax Exemption Number in securing such materials. FIRM
shall be responsible for any and all taxes, or payments of withholding,
related to services rendered under this agreement.
19. TERMINATION .
The COUN1Y may terminate this Agreement with or without cause. The
COUNTY may terminate this Agreement for cause with seven (7) days
notice to FIRM. Cause shall constitute a breach of the obligations of
FIRM to perform the obligations enumerated under this Agreement.
Either of COUNTY and FIRM hereto may terminate this Agreement
without cause by giving the other party sixty (60) days written notice of
its intention to do so. FIRM agrees, if at any time in the future Mr.
Metcalf is no longer with the FIRM this Agreement is immediately
terminated and the FIRM shall immediately notify the COUNTY.
20. GOVERNING LAW. VENUE. INTERPRETATION. COSTS. AND FEE
This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida applicable to Agreements 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 FIRM agree that
venue wiIllie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
21. MEDIATION
The COUNTY and FIRM agree that, in the event of conflicting
interpretations of the terms or a tenn of this Agreement by or between
any of them the issue shall be submitted to mediation prior to the
institution of any other administrative or legal proceeding. 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.
22. SEVERABILI1Y
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 cach remaining
term, covenant, condition and provision of this Agreement shall be valid
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03 42 47 P III
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and shall be enforce~ble 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 FIRM 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.
23. FlRM'S FEES AND COSTS
COUN1Y and FIRM 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 FIRM'S fees and FIRM'S fees, in appellate
proceedings. Each party agrees to pay its own court costs, investigative,
and out-or-pocket expenses whether it is the prevailing party or not,
through all levels of the court system.
24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUN1Y and FIRM agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between
representatives of each of COUNTY and FIRM. If no resolution can be
agreed upon within THIRTY (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 COUNTY and FIRM, then any party shall
have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law.
25. COOPERATION
In the event any administrative or legal proceeding is instituted against
COUNTY or FIRM relating to the formation, execution, performance, or
breach of this Agreement, COUN1Y and FIRM 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 FIRM specifically agree that Arbitration shall not be entered into
under this Agreement.
26. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall
bind and inure to the benefit of COUNTY and FIRM and their respective
legal representatives, successors, and assigns.
27. AUTHORITY
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COUNTY and FIRM represent and warrant 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.
~8. CLAIMS FOR FEDERAL OR STATE AID
COUNTY and FIRM agree that each shall be, and is, empowered to apply
for, seek, and obtain federal and state funds to further the purpose of
this Agreement; provided that all applications, requests, grant proposals,
and funding solicitations shall be approved by each party prior to
submission.
29. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions (rom 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 COUN1Y 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.
30. LEGAL OBLIGATIONS AND RESPONSIBILITIES
This Agreement is not intended to, nor shall it be construed as, relieving
any participating entity from any obligation or responsibility imposed
upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory
duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
31. 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 COUNTY and FIRM agree that neither COUNTY nor FIRM
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.
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03 43 54 p m
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33. 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.
34. 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 COUNTY and FIRM
hereto may execute this Agreement by signing any such counterpart.
35. 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.
IN WITNESS WHEREOF, COUNIY and FIRM hereto have executed
this Agreement on the day and date first written above in four (4)
counterparts, each of which shall, without proof or accounting for th~
other counterparts, be deemed an original Agreement.
Witnesses:
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BOARD OF COUNTY
COMMISSIO OF
MONROE C , FLOIDA
As rson legSlly authorizeJI
to sign Agreements on behiif ;po
of Greenber~/%rig, P.A. ~~~
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THIRD AMENDMENT TO
AGREEMENT FOR SERVICES
for
GREENBERG TRAURIG, P.A.
~U~rr::ndment (Amendment) is made and entered into this /~~ay of
2009 to the Agreement dated July 19, 2006 (Agreement) between
Greenberg Traurig, P.A. (Firm) , 101 East College Avenue, Tallahassee, Florida 32302
and Monroe County, a political subdivision of the State of Florida (County), 1100
Simonton Street, Key West, Florida 33040.
WITNESSETH:
WHEREAS, County and Firm desire to continue the services as described in the
Second Amendment to Agreement dated the 18th day of June, 2008; and
WHEREAS, the Agreement has an expiration date of July 19, 2009; and
WHEREAS, the parties desire to extend the Agreement for an additional year which
may necessitate additional payment;
NOW, THEREFORE, the parties agree as follows:
1. Paragraph 4 shall be amended as follows:
4. PAYMENTS TO FIRM
* * * *
D. Fees and expenses shall not exceed an additional Twenty-five Thousand
Dollars ($25,000.00) for a total expenditure of $61,000.00 under the Agreement
regardless of the date of service under previous amendments. In the event this sum is
not sufficient due to the services to be provided, the contract may be amended. It is
anticipated that the parties will further define the specific activities listed in the scope of
work by task order in letter or e-mail format. Services provided by Mr. Bouthillier shall be
limited to general supervision of contract implementation pursuant to paragraph 14 and
shall not exceed $500.00 per task order.
2. Paragraph 5. shall be amended as follows:
5. TERM OF AGREEMENT
This Amendment is effective retroactive to July 20, 2009, for a period ending
June 19, 2010, to prevent any lapse in services or payment, unless terminated earlier
under paragraph 18 of the Agreement or upon payment of the total compensation,
whichever occurs first.
3. The remaining terms of the Agreement entered into on July 18, 2006 and First
Amendment to Agreement dated July 18, 2007 and Second Amendment to Agreement
dated June 18 2008, not inconsistent herewith, shall remain in full force and effect.
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BOARD OF COUNTY COMMISSIONERS
OF '1>NROE COUNTY, FLORIDA
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Mayor Georg . N gent
Title:
Date:
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SECOND AMENDMENT TO
AGREEMENT FOR SERVICES
for
GREENBERG TRAURIG, P .A.
This Second Amendment (Amendment) is made and entered into this 18th day of
June ,2008 to the Agreement dated July 19, 2006 (Agreement), between
Greenberg Trau rig , P.A.(Firm} , 101 East College Avenue, Tallahassee, Florida 32302
and Monroe County, a political subdivision of the State of Florida (County),
1100Simonton Street, Key West, Florida 33040.
WITNESSETH:
WHEREAS, County and Firm desire a more expanded scope of services to be allowed
under the terms of the Agreement; and
WHEREAS, pursuant to the terms of the First Amendment to the Agreement dated July
18,2007, the Agreement will expire on July 19th, 2008; and
WHEREAS, the parties desire to.extend the Agreement for an additional year which
may necessitate additional payment;
NOW, THEREFORE, the parties agree as follows:
1. Paragraph 2. Scope of the Work shall read as follows:
2. SCOPE OF THE WORK
The Firm shall assist County by providing professional services to review the
Hurricane Evacuation Model in order to identify data, demographic, and other
potential refinements that would increase the current and future permitting
capacity for affordable and other housing, to support the planning efforts for
transient and market rate housing and the resulting need for employee and
affordable housing, to negotiate with the Department of Community Affairs on
these issues, and to assist County with its presentations conceming these
issues. This Agreement is limited to planning services, except for the limited
legal services described herein. The scope of services is retroactive to May 1,
2008.
2. Paragraph 4. Payments to Firm shall read as follows:
4. PAYMENTS TO FIRM
* * * * *
D. The pricing for the different types of work shall be as follows:
Fees and expenses are limited to Thirty-six Thousand Dollars ($36,000.00)
from May 1, 2008 to July 19, 2009. Both parties agree that this contract
amount may not be sufficient to complete the scope of work, depending on
the number of requested meetings, extent of negotiations required and other
activities deemed necessary by the parties. In that event, such services may
be provided by amending the contract. It is anticipated that the parties will
further define the specific activities listed in the scope of work by task order in
letter or e-mail format. Services provided by Mr. Bouthillier shall be limited to
general supervision of contract implementation pursuant to Paragraph 14 and
shall not exceed $500.00 per task order.
3. Paragraph 5. Term of Agreement shall read as follows:
5. TERM OF AGREEMENT
This Agreement commences on the date of the execution by all parties, and
ends on the 19th of July 2009, unless terminated earlier under paragraph 18
of this Agreement or upon payment of the total compensation whichever
comes first.
4. The remaining terms of the Agreement entered into on July 18, 2006, not inconsistent
her.:ewjth, shall remain in full force and effect.
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AU T: BOARD OF COUNTY COMMISSIONERS
DAmlYl. KOLHAGE. CLERK OF ~C9YNff' FLORIDA
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Deputy ClerK Mayor iGennaro
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flRSTAMENDMENTTOAGREEMENT
FOR SERVICES
GREENBERG TRAURIG P.A.
Dated July 18, 2006
Tms~ FNDMENT (herein after "Amendment") is made and entered into this /91-t..
day of ,2007, to the Agreement ("Agreement") dated July 18,2006 between
Greenberg ra g P.A. whose address is 101 East College Avenue, Tallahassee, Florida 32302,
and Monroe County, a political subdivision of the State of Florida ("COUNTY"), whose address
is 1100 Simonton Street, Key West, Florida 33040.
WHEREAS, the Agreement dated July 18, 2006 is set to expire on July 19, 2007; and
WHEREAS, County and Greenberg Traurig desires to continue the Agreement for
another one year term.
NOW THEREFORE the parties hereby agree as follows:
1. Paragraph 5 of the Agreement shall be amended to read in its entirety as follows:
"5. TERM OF AGREEMENT
This Agreement commences on the date of execution by all the parties, and
ends on the 19th day of July 2008, unless terminated earlier under paragraph 18
of this Agreement or upon payment of the total compensation whichever
comes first."
maining terms of the Agreement entered into on July 18, 2006, not
shall remain in full force and effect.
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DATE:
TAL 451417980\11 7/2/2007
MONROE COUNTY ATTORNEY
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NATlLEENE W. CASSEL
ASSISTANT COUNTY ATTORNEy
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MONROE COUNTY ATf
03.3132 p rn
07-17-2006
2/13
AGREEMENT FOR SERVICES
For
GREBNBERG TRAURIG, P.A.
THIS AGREEMENT made and entered into this 19~day of July,
2006, by and between MONROE COUNTY, a political subdivision of the
State of Florida ("'COUNTY"), whose address is 1100 Simonton Street, Key
West, Florida 33040 and Greenberg Traurig, P.A., whose address is 101
East College Avenue, Tallahassee, Florida 32302, its successors and
assigns, hereinafter referred to as "FIRM". The contract services shall be
performed by Kenneth Metcalf, AICP, Director of Planning Services for
FIRM, except for legal services described herein.
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of
FIRM to assist COUNTY; and
WHEREAS, FIRM has agreed to provide professional services as
defined in the Scope of Work below.
NOW, THEREFORE, in consideration of the mutual promises,
covenants and agreements stated herein, and for other good and valuable
consideration, the sufficiency of which is hereby acknowledged, COUNTY
and FIRM agree as follows:
1. THE AGREEMENT
The Agreement consists of this document only. Any other Agreements
between the parties separate are independent agreements and shall be
read, interpreted and enforced as separated independent agreements.
2. SCOPE OF THE WORK
The FIRM shall assist COUNTY by providing professional services, to
review the Hurricane Evacuation Model in order to identify and
implement potential refinements that would increase the current and
future permitting capacity for affordable housing; to negotiate with the
Department of Community Affairs on this issue; and support the
planning efforts of the Affordable Housing Task Force to encourage
development of affordable housing in the Florida Keys
This Agreement is limited to planning services, except for the
limited legal services described herein.
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3. REPRESENTATIONS AND WARRANTIES
FIRM warrants that he is authorized by law to engage in the performance
of the activities herein described, subject to the terms and conditions set
forth in this Agreement.
A. FIRM shall at all times exercise independent, professional
judgment and shall assume professional responsibility for the services to
be provided.
B. FIRM shall maintain all necessary licenses, permits or other
authorizations necessary to act as FIRM for the Project until the FIRM'S
duties hereunder have been fully satisfied;
C. FIRM assumes full responsibility to the extent allowed by law
with regards to his performance and those directly under his employ.
D. FIRM shall provide services using the following standards, as a
minimum requirement, FIRM shall maintain adequate staffing levels to
provide the services required under the Agreement, FIRM personnel shall
not be employees of or have any contractual relationship with the
COUNTY, and all personnel engaged in performing services under this
Agreement shall be fully qualified, and, if required, to be authorized or
permitted under State and local law to perform such services.
E. FIRM'S services shall be performed as expeditiously as is
consistent with professional skill and care and the orderly progress of the
work.
F. FIRM is an independent contractor under this Agreement. In
providing the services, FIRM and its agents shall not be acting and shall
not be deemed as acting as officers, employees, or agents of the COUNTY,
nor shall they accrue any of the rights or benefits of a COUNTY
employee.
4. PAYMENTS TO FIRM
A. COUN1Y'S perfonnance and obligation to pay under thls
agreement, is contingent upon annual appropriation by the Board of
COUNTY Commissioners.
B. COUNTY shall pay in accordance with the Florida Prompt
Payment Act; payment will be made periodically, but no more frequently
than monthly, in arrears as hereinafter set forth.
C. FIRM shall submit detailed, itemized invoices to the COUNTY
with supporting documentation acceptable to the Clerk based on
generally accepted accounting principles and such laws, rules and
regulations as may govem the Clerk's disbursal of funds.
D. The pricing for the different types of work shall be as follows:
1) the total contract amount of this Agreement including all
fees and expenses is 1WENTY THOUSAND DOLLARS AND NO/cents
($20,000.00); however, both parties agree that this contract amount may
not be sufficient to complete the scope of work, depending on the number
of requested meetings, extent of negotiations required and other activities
2
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MONROE COUNTY ATT
03-3835 pm 07-17-2006
4/13
deemed by the parties as necessary or appropriate to support the efforts
of the task force to promote affordable housing. It is anticipated that the
parties will further define the specific activities listed in the scope of work
in order to further refme future contract amounts if the contact amount
allocated in this agreement is reached. Services provided by Mr.
Bouthillier shall be limited to general supervision of contract
implementation pursuant to Paragraph 14 and shall not exceed $500.00
2) FIRM will be paid for his or her services based on the
number of hours expended on behalf of COUNTY (rounded to the nearest
tenth hour for each time entry), not to include time billable to or
compensated by other clients, multiplied by the FIRM'S hourly rate as set
forth below:
Kenneth B. Metcalf $220.00 per hour t:::::.:"I
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Reginald L, Bouthillier, Jr., Esq. $~ per hour
3) The following minimum billing documentation and time-
keeper requirements are a condition precedent to payment by the COUNTY.
At a minimum the invoices shall state the name of the timekeeper, a
description of the task performed, the amount of time expended by each
time-keeper daily (and, within each day, broken down by task where more
than one project or task was worked upon within the same day). In a
summary at the beginning or end of the bill, provide the hourly rate for each
time-keeper, the total time billed by each time-keeper in that bill, the
product of the total time and hourly rate for each time-keeper, the total fees
charged, and a reconciliation between the amount charged and any
applicable estimated or budgeted amount, by task. In addition, each
monthly statement should show the aggregate billing for that matter from
the commencement of the matter through the currently-billed month.
FIRM shall describe within each itemized daily task entry, in
sufficient detail to readily allow the COUNTY to determine the necessity
for and reasonableness of the time expended, the services performed, the
project or task each service relates to, the subject and purpose of each
service, and the names of others who were present or communicated
with in the course of perfOIming the service.
FIRM will bill COUNTY only for time reasonably and
necessarily incurred to render professional services on COUNTY'S behalf in
accordance with this Agreement. Time attributable to billing questions is
not billable. Time expended by time-keepers who have not been approved by
COUNTY as indicated above is also not billable.
FIRM will charge no more than the hourly rate quoted above
throughout the duration of the Agreement. unless otherwise agreed upon
and approved by the Board of COUNTY Commissioners. The rates FIRM
will charge COUNTY represent the lowest rates charged by the same time-
keepers to other clients. In the event that lower rates or discounts are
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MONROE COUNTY A TT
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provided to other clients, FIRM and approved time-keepers will also provide
them on the same basis to COUNTY.
To the extent the FIRM makes use of existing work product,
e.g., in the form of research previously performed for another client, then
FIRM may bill on1y that time expended in using that work product for
COUNTY. In other words, no premium, markup, or other adjustment may
be made to bill COUN1Y for time spent on work already performed.
4} FIRM will charge expenses such as travel, per diem,
meals, mileage, hotel, or airfare shall be paid according to Fl. Statute
112.321 and according to Chapter 2 Administration, Article XXVI of the
Monroe COUNTY Ordinances, however, time spent in transit, Ioca.ny or
otherwise, may be billed only if FIRM or time-keeper is unable to avoid
traveling by using other forms of communication. Travel by more than one
time-keeper at the same time to the same destination is not allowed without
prior approval from COUN1Y. Approved travel time will be billed at the
hourly rate listed for the time-keeper.
Actual cost for necessary long distance telephone calls,
telecopying at $.25 per outgoing page, overnight or expedited delivery,
couriers, photocopying at $.15 per page, postage, court fees, and other
expenses approved in advance by COUN'IY or as listed below:
FIRM is expected to avoid using expedited or emergency
services, such as express delivery services, couriers, telecopying, overtime,
and so on, unless necessary because of unexpected developments or
extremely short deadlines. COUN1Y may refuse to pay for any such
expenses when incurred routinely or because of FIRM'S failure to manage
the matter efficiently.
FIRM is expected to use computerized research services cost-
effectively to reduce time spent on research, for example, while closely-
monitoring computerized research to insure that the charges are
reasonable and necessary. FIRM is expected to pass through to COUN1Y
any discounts or other arrangements that reduce the cost of computerized
services.
5. TERM OF AGREEMENT
This Agreement commences on the date of the execution by all parties,
and ends on the 19th day of July, 2007, unless terminated earlier under
paragraph 18 of this Agreement or upon payment of the total
compensation whichever comes first.
6. FIRM'S ACCEPTANCE OF CONDITIONS
FIRM has, and shall maintain throughout the term of this Agreement,
appropriate licenses; proof of such licenses and approvals shall be
submitted to the COUNTY upon request.
7. PUBLIC ACCESS
COUNTY and FIRM shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its
4
305?9:;>3!>16
MONROE COUNTY ATT
033949 pm 07-17-2006
6/13
possession or under its control subject to the provisions of Chapter 119,
Florida Statutes, and made or received by COUN1Y and FIRM in
conjunction with this Agreement; and COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by
FIRM.
8. LIMITED INDEMNITY
FIRM agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any claims, losses, damages, and expenses
that County has that are caused by FIRM'S negligence.
9. INSURANCE
Prior to execution of this agreement, FIRM shall furnish the COUNTY
Certificates of Insurance indicating the minimum coverage limitations in
the following amounts:
WORKERS COMPENSATION AND EMPLOYER'S LIABILI'IY
INSURANCE: Where applicable, coverage to apply for all employees at a
minimum statutory limits as required by Florida Law.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY
INSURANCE: Hired and nonRowned auto liability insurance, including applicable
no-fault coverage, with limits of liability of not less than $300,000.00 per
occurrence, combined single limit for Bodily Injury Liability and Property
Damage Liability. Coverage shall include all owned vehicles, all non-
owned vehicles, and all hired vehicles.
COMMERCIAL GENERAL LIABILITY: Commercial general liability
coverage with limits of liability of not less than $300,000.00 per
occurrence combined single limit for Bodily Injury Liability and Property
Damage Liability.
PROFESSIONAL LIABILTIY: Professional liability insurance for
negligence in an amount not less that $500,000.00.
CERTIFICATES OF INSURANCE: Original Certificates of Insurance
shall be provided to the COUNTY at the time of execution of this
Agreement and certified copies provided if requested. Each policy
certificate shall be endorsed with a provision that not less than thirty
(30) calendar days' written notice shall be provided to the COUNTY before
any policy or coverage is canceled or restricted. The underwriter of such
insurance shall be qualified to do business in the State of Florida. If
requested by the COUNTY Administrator, the insurance coverage shall be
primary insurance with respect to the COUNTY, its officials, employees,
agents and volunteers.
5
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MONROE COUNTY ATT
03.40.20 P Ill. 07 17- 2006
111:"\
10. NON-WAIVER OF IMMUNITY
Nothing in this Agreement is intended to act as a waiver of the provisions
of Sec. 286.28, Florida Statutes, and COUNTY specifically does not agree
to a waiver in any form, including but not limited to the participation of
COUNTY and FIRM in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage which shall not be deemed
a waiver of immunity to the extent of liability coverage, nor shall any
Agreement entered into by COUNTY be required to contain any provision
Jor waiver.
11. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement FIRM is an
independent contractor and not an employee of the Board of COUNTY
Commissioners of Monroe COUNTY. No statement contained in this
agreement shall be construed so as to fmd FIRM or any of his employees,
subcontractors, servants, or agents to be employees of the Board of
COUNTY Commissioners of Monroe COUNTY.
12. NONDISCRIMINATION
COUNTY and FIRM 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 and
FIRM 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; 1) Title VI of the Civil Rights Act of 1964 (PL 88-
352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 USC S8. 1681- 1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination
on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amendeq (42 USC ss. 6101- 6107) which prohibits discrimination on the
basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-
255), as amended, relating to nondiscrimination on the basis of drug
abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol
and drug abuse patent records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; 9) The Americans with
6
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MONROE COUNTY A TT
03 40 58 p m
07 17.2006
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,
Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from
time to time, relating to nondiscrimination on the basis of disability; 10)
Any other nondiscrimination provisions in any Federal or state statutes
which may apply to COUN1Y and FIRM to, or the subject matter of, this
Agreement
13. ASSIGNMENT/SUBCONTRACT
FIRM shall not assign or subcontract its obligations under this
agreement, except in writing and with the prior written approval of the
Board of County Commissioners of Monroe County, which approval shall
be subject to such conditions and provisions as the Board may deem
necessary. This paragraph shall be incorporated by reference into any
assignment or subcontract and any assignee or subcontractor shall
comply with all of the provisions of this agreement. Unless expressly
provided for therein, such approval shall in no manner or event be
deemed to impose any additional obligation upon the Board.
14. COMPUANCE WITH LAW AND LI<;ENSE REOUIREMMENTS
In providing all services/ goods pursuant to this agreement, FIRM shall
abide by all statutes, ordinances, rules and regulations pertaining to, or
regulating the provisions of, such services, including those now in effect
and hereinafter adopted. Any violation of said statutes, ordinances, rules
and regulations shall constitute a material breach of this agreement and
shall entitle the Board to terminate this Agreement immediately upon
delivery of written notice of termination to FIRM. FIRM shall possess
proper licenses to perform work in accordance with these specifications
throughout the term.of this Agreement.
15. DISCLOSURE AND CONFLICT OF INTEREST
GREENBERG TRAURIG, P.A. is large, national law firm with clients
throughout Florida involving a wide variety of matters. As such, we may
represent existing or future clients with matters adverse to th~ County.
Therefore, we have included the following conflict waiver to address any
conflicts that arise out of existing or future representations. It is
understood that GREENBERG TRAURIG, P.A. may represent other
present or future clients in matters adverse to Monroe County in legal or
other proceedings, other than the matter that is the subject of this letter
or a matter substantively related thereto. Except as described above, we
will at all times adhere to all applicable guidelines and provisions of the
Code of Professional Responsibility. The FIRM shall immediately notify
the County in writing if it discovers any potential ethical impediment in
executing the services described herein. The FIRM reserves the right to
terminate this contract in that event to resolve the impediment and shall
not be precluded from representing current or future clients that may be
related to the identified impediment.
7
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MONROE COUNTY ATT
03 41 40 p 111
07-17 -1006
9113
,
Upon execution of this Agreement, and thereafter as changes may
require, FIRM shall notify the COUN'IY of aI1-Y fmandaI interest it may
have in any programs in Monroe COUNTY which may be substantively
related to the Scope of Work.
COUNTY and FIRM warrant that, in respect to itself, it has neither
employed nor retained any company or persoll, 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, FIRM 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.
16. NO PLEDGE OF CREDIT
FIRM shall not pledge the COUNTY'S credit or make it a guarantor of
payment or surety for any contract, debt, obligation, judgment, lien, or
any fonn of indebtedness. FIRM further warrants and represents that it
has no obligation or indebtedness that would impair its ability to fulfill
the terms of this Agreement.
17. NOTICE REOUIREMENT
Any notice required or permitted under this agreement shall be in writing
and hand delivered or mailed, postage prepaid, to the other party by
certified mail, returned receipt requested, to the following:
FOR COUNTY:
Ty Symroski
Marathon Govemment
Center
Monroe County Growth
Management Department
2798 Overseas Highway
Marathon, FL 33050
COUNTY ATTORNEY
PO Box 1026
Key West, FL 33040
FOR FIRM:
Reginald L. Bouthillier, Jr., Esq.
Kenneth B. Metcalf, AICP
Greenberg Traurig, P.A.
101 East College Avenue
Tallahassee, Florida 32302
8
3052923(;.1 6
MONROE COUNTY A TT
03 42 12 P rn
07-17-2006
10/1 :'\
18. TAXES
The COUNTY is exempt from payttlent of Florida State Sales and Use
taxes. FIRM shall not be exempted by virtue of the COUN1Y'S exemption
from paying sales tax to its suppliers for materials used to fuliill its
obligations under this Agreement, nor is F1RM authorized to use the
COUNTY'S Tax Exemption Number in securing such materials. FIRM
shall be responsible for any and all taxes, or payments of withholding,
related to services rendered under this agreement.
19. TERMINATION .
The COUN1Y may terminate this Agreement with or without cause. The
COUNTY may terminate this Agreement for cause with seven (7) days
notice to FIRM. Cause shall constitute a breach of the obligations of
FIRM to perform the obligations enumerated under this Agreement.
Either of COUNTY and FIRM hereto may terminate this Agreement
without cause by giving the other party sixty (60) days written notice of
its intention to do so. FIRM agrees, if at any time in the future Mr.
Metcalf is no longer with the FIRM this Agreement is immediately
terminated and the FIRM shall immediately notify the COUNTY.
20. GOVERNING LAW. VENUE. INTERPRETATION. COSTS. AND FEE
This Agreement shall be governed by artd construed in accordance with
the laws of the State of Florida applicable to Agreements 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 FIRM agree that
venue will lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
21. MEDIATION
The COUNTY and FIRM agree that, in the event of conflicting
interpretations of the terms or a term of this Agreement by or between
any of them the issue shall be submitted to mediation prior to the
institution of any other administrative or legal proceeding. 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.
22. 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
9
30529:.135.16
MONROE COUNTY ^ TT
03.42-47 p.1l1
07.17 -2006
11 /1 3
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 FIRM 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.
23. FIRM'S FEES AND COSTS
COUNTY and FIRM 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 FIRM'S fees and FIRM'S fees, in appellate
proceedings. Each party agrees to pay its own court costs, investigative,
and out-of-pocket expenses whether it is the prevailing party or not,
through all levels of the court system.
24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and FIRM agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between
representatives of each of COUNTY and FIRM. If no resolution can be
agreed upon within THIRTY (30) days after the frrst 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 COUNTY and FIRM, then any party shall
have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law.
25. COOPERATION
In the event any administrative or legal proceeding is instituted against
COUNTY or FIRM relating to the formation, execution, performance, or
breach of this Agreement, COUNTY and FIRM 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 FIRM specifically agree that Arbitration shall not be entered into
under this AgreemeI1-t.
26. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall
bind and inure to the benefit of COUNTY and FIRM and their respective
legal representatives, successors, and assigns.
27. AUTHORI1Y
10
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30529235.16
MONROE. COUNTY A TT
03-43:20 pm 07-17-2006
12/1 :i
COUNTY and 'FIRM represent and warrant 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.
28. CLAIMS FOR FEDERAL OR STATE AID
COUNTY and FIRM agree that each shall be, and is. empowered to apply
for, seek, and obtain federal and state funds to further the purpose of
this Agreement; provided that all applications, requests, grant proposals,
and funding solicitations shall be approved by each party prior to
submission.
29. 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 terrltoriallimits 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 terrltoriallimits of the
COUNTY.
30. LEGAL OBLIGATIONS AND RESPONSIBIUTIES
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.
31. 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
hereunderJ and COUNTY and FIRM agree that neither COUNTY nor FIRM
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.
11
3052b23:,16
MONROE COUNTY A TT
03.4354p_m
07 17-2006
33. 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.
34. 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 COUN'IY and FIRM
hereto may execute this Agreement by signing any such counterpart.
35. 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.
IN WITNESS WHEREOF, COUNTY and FIRM hereto have executed
this Agreement on the day and date first written above in four (4)
counterparts, each of which shall, without proof or accounting for th~
other counterparts, be deemed an original Agreement.
BOARD OF COUNTY
COMMISSIO OF
MONROE C . FLOIDA
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