12/16/1986 AgreementME240RANDUM OF AGRE ONT
FOR TECBMICAL ASSISTANCE
This agreement is ibeing entered into by and between the
South Florida Regional Planning Council (SFRPC) and Monroe Coun-
ty (County) to provide technical assistance in completing a part
of the comprehensive land use plan revisions authorized by the
County and the Florida Department of Community Affairs (DCA).
WHEREAS, the County has received certain funds from the
1986 Session of the Legislature through DCA to refine its compre-
hensive plan.
WHEREAS, The County seeks technical assistance in complet-
ing several tasks identified in its Memorandum of Agreement exe-
cuted with DCA on November 8, 1986.
WHEREAS, the SFRP� hereby agrees to provide the technical
assistance necessary to complete the tasks herein described.
NOW, THEREFORE, THE COUNTY AND' THE SFRPC DO MUTUALLY AGREE
AS FOLLOWS:
I. Covenant for Service
The County does hereby retain the SFRPC to perform the ser-
vices described herein and the SFRPC does hereby agree to per-
form such services under the terms and conditions set forth in
this agreement.
II. Availability of Funds
All payments due SFRPC are to be paid out of state funds.
Monroe County shall not be liable for any payment until the
release of the authorized appropriations from the Area of Criti-
cal State Concern Trust Fund. .
III. Definition, Scope and Quality of Service
(A) Intent of the Agreement
The SFRPC agrees, under the terms and conditions of
this agreement and the applicable state and local laws and regu-
lations, to undertake, perform, and complete the six tasks list-
ed below which will helpiensuresuccessful implementation of the
Monroe County Comprehensive Land Use Plan and Land Development
Regulations.
(B) Scope of Services and Schedule of Deliverables
The SFRPC agrees to complete the six tasks listed be-
low at a total cost of $139,000:
(1) Reassess and refine using field collected data from each
habitat type the Habitat Evaluation Index (HEI) found in
Volume 1 and Volume 2 of the Monroe County Comprehensive
Land Use Plan and prepare in report format a submittal to
the County Commission for adoption consideration no later
than the first six-month update of the Monroe County Com-
prehensive Land Use Plan and Land Development Regulations;
(2) Review the environmental performance standards established
in Volume 3 of the Monroe County Comprehensive Land Use
Plan's Land Development Regulations to establish appropri-
ate mitigation alternatives for adoption consideration by
the County Commission during the second six-month update
of the Monroe County Comprehensive Land Use Plan;
(3) Develop, in conjunction with the South Florida Water Man-
agement District, Department of Environmental Regulation
and the County, .a btormwater runoff ordinance for adoption
consideration by the County Commission during the first
six-month update of the Monroe County Comprehensive Land
Use Plan;
(4) Prepare a survey of archaeological, historical and cultur-
al sites for adoption consideration by the County as land-
mark designations no later than the second six-month up-
date of the Monroe County Comprehensive Land Use Plan --
the County and the SFRPC agree to request the assistance
of the Florida Department of State in this effort;
(5) Prepare a report Ifor adoption consideration by the County
Commission during the second six-month update of the
Monroe County Comprehensive Land Use Plan which reviews
the status of live -aboard vessels and includes recommenda-
tibns for corrective action; and
(6) Within six months of the effective date of the Monroe Coun-
ty Comprehensive Land Use Plan, the County will implement,
in cooperation with the Department of Environmental Regula-
tion and other state and federal agencies, a water quality
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monitoring program to ensure that the individual and cumu-
lative impacts of development, especially wastewater treat-
ment systems, commercial water dependent activities and
live -aboard vessels, do not degrade nearshore water quali-
ty. The County will invite the Cities of Key West, Key
Colony Beach and Layton to participate in the development
of this water quality monitoring program; sampling sta-
tions for these Cities shall be included in the program
and t#ie cause of any water quality problem(S) shall be
identified and corrective measures are to be recommended.
IV. Consideration
As consideration for work satisfactorily performed un-
der this agreement, the County agrees to pay an amount of
$139,000. This is a fixed fee agreement.
V. Method of Payment
The total expenditure authorized under this agreement
is $139,000 and no amendment shall result in a greater expendi-
ture. The County agrees to pay the ,SFRPC upon submittal of the
proper documentation, as follows:
(A) Initial payment of $50,000 to the SFRPC upon
the signing of this agreement;
(B) A second payment of $50,000 upon the submittal and the
County's acceptance of a mid-term progress report on
the six tasks identified in section III B(2) of this
agreement. The progress reports are due no later than
March 15, 1987;
(C) A final payment of $39,000 upon the submittal and the
DCA's acceptance of a final report demonstrating com-
pletion of all tasks is due no later than June 30,
1987.
IV. Receivables and Acceptances
If all required receivables, prescribed in the scope
of the services above, are not sent to the County or are
not completed in a manner acceptable to the County, the
County shall withhold further payments until they are com-
pleted and accepted. The County has discretion to ap-
prove or reject the receivables submitted to it pursuant
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to this agreement. Within fifteen (15) working days after
the County receives a receivable, it will review the re-
ceivable and respond in writing to the Executive Director
of the SFRPC, either approving the receivable or rejecting
the receivable and specifying the reasons for rejection.
The SFRPC has ten (10) working days after notice of the
reason for the County's rejecting the receivable to cor-
rect and resubmit the receivable or receivables. "Accept-
able to the County" means that the work products and tasks
are completed and submitted as a professional product the
contents of which are consistent with the scope of servic-
es.
VII. Audit Requirements
(A) The SFRPC agrees to maintain adequate financial proce-
dures and adequate support documents to account for
the expenditure of funds under this agreement.
(B) These records shall be available at all reasonable
times for inspection, review, or audit by state person-
nel and other personnel duly authorized by the
County. "Reasonable" shall be construed according to
circumstances, but ordinarily shall mean normal busi-
ness hours of18:00 a.m. to 5:00 p.m., Local Time, Mon-
day through Friday.
(C) The SFRPC shall also provide the County with the
records, reports or financial statements upon request
for the purposes of auditing and monitoring the funds
awarded under this agreement. The Executive Director
shall be responsible for all documents submittals.
All correspondence concerning this agreement shall in-
clude the Director of Planning of the County and the
Executive Director of the SFRPC. For the purpose of
this agreement, the County Planning Director shall be
the County's responsible party with the SFRPC.
VIII. Public Records
The SFRPC shall allow public access to all documents,
reports, papers, letters or other material, subject to the
provision of Chapter 119, Florida Statutes, prepared or
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received by the County in conjunction with this
agreement. It is expressly understood that upon receipt
of substantial evidence of the SFRPC's refusal to comply
with this provision, the County will have the right to ter-
minate this agreement for breach.
IX. Subcontracts
(A) If the SFRPC subcontracts any or all of the work re-
quired under this agreement, the SFRPC agrees to in-
clude in the subcontract that the subcontractor is
bound by the terms and conditions of this agreement
with the County.
(B) The SFRPC agrees to include in the subcontract that
the subcontractor shall hold the County harmless
against all claims of whatever nature by the subcon-
tractor arising out of the performance of work under
this agreement.
(C) The County and the SFRPC agree that both parties are
bound by the memorandum of;agreement found in addendum
A, unless otherwise modified.
(D) Both parties further agree that any State institution
or agency may be subcontracted with directly to per-
form the work tasks authorized by this agreement.
X. Contract Term
(A) This agreements shall become effective on the last date
of signing by the parties involved. No cost may be
attributed to this agreement prior to that date.
(B) All activities performed pursuant to this effort shall
be completed on or before June 30, 1987. The agree-
ment shall terminate on the same date or upon the last
payment to the SFRPC, whichever comes first.
XI. Modification of this Agreement
Modification of the provisions of this agreement, in-
cluding any extension of the termination of this agree-
ment, shall only be valid when they have been reduced to
writing, duly signed by the parties hereto, and attached
to the original of this agreement.
XII. Terms and Conditions
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Nothing in ``this agreement shall be construed to re-
quire SFRPC performance on any of the tasks described here-
in if the funds specified in this agreement for that task
are not available from the DCA. The County likewise finds
that nothing in this agreement shall be construed as a com-
mitment for future funding.
This agreement contains all the conditions and terms
agreed upon by the parties.
Attached to this agreement is the following:
(1) copy of executed memorandum of agreement between
the County and the DCA entered into on November 8,
1986. (see Addendum A)
BOARD OF OUNTY C;VRIDA
SIONERS
OF MONR COUNTY,
BY:
YOR
DANNY L. KOLHAGE, Clerk
ell
ATTEST:` - /lY
Danny L. Kolhag Clerk
ATTEST:
SOUTH FLORIDA REGIONAL
PLANNING COUNCIL
BY:
CHAIRMAN
DATE:
APPROVED A8 FO FORM
AAV LEGAL SUFFICIENCY.
or
Atta�i ONic -
ADDENDUM A
444 PO
r
This agreement is being entered into by and between the
Department of Community Affairs (Department) and Monroe County
(County) to provide for the implemlentation of the Monroe County
Comprehensive Plan and land development regulations including a
land use map in order to insure that future growth management in
the Florida Keys will be coordinated, well planned and
competently implemented.
WHEREAS, the County has been declared an Area of Critical State
Concern pursuant to Section 380.05, Florida Statutes, and
therefore, has prepared, and submitted a Comprehensive Plan and
land development regulations approved by the Department and the
Administration Commission in accordance with Section 380.05,
Florida Statutes.
.
WHEREAS, the 1986 session of the Legislature provided an
appropriation of $1,050,000 from the General Revenue Fund to the
Area of Critical State Concern Trust Fund for implementation
assistance for comprehensive plans acid land development
regulations developed pursuant to and consistent with the area of
critical state concern program within the Florida Keys area.
WHEREAS, the County Commission approved and submitted to the
Department its comprehensive plan and land development
regulations in accordance with Section 163.3161, et sue. and
380.05, Florida Statutes on February 28, 1986.
WHEREAS, the Administration Commission voted to accept these
I
documents, with changes, at its meeting of July 29, 1986, and
subsequently established the effective date for the
implementation of this comprehensive plan and land development
regulations as September 15, 1986. (Hereinafter, as used in this
agreement, the terms Monroe County Comprehensive Land Use Plan
and Land Development Regulations prefer to and shall be
interpreted to mean the Monroe County Comprehensive Plan and Land
Development Regulations adopted by Monroe County on February 28,
1986 and adopted by the Administration Commission on July 29,
r AD, - 11 0, 14 : ►73 FLA D 1 V EMERG 113-IT
144 RCW
1986, and which Plan and Regulations became effective on
September 15, 1986.)
WHEREAS, both the Department and the County have committed to
i
provide staff and resources to Support -this cooperative planning
effort.
NOW, THEREFORE, THE DEPARTMENT AND THE COUNTY DO MUTUALLY AGREE
AS FOLLOWS:
I. Covenant for service
The Department does hereby retain the County to perform
the services described) herein and the County does hereby agree to
perform such services under the terms and conditions set forth in
this agreement.
II. Availability of Funds
Payment of state funds pursuant to this agreement are
subject to and conditioned upon the release of authorized
appropriations from the Area of Critical State Concern Trust
Fund.
III. Definition, Scope and Quality of Service
( A ) Intent of the Agreement
The County agrees, under the terms and conditions
of this agreement and the applicable state and local laws and
regulations, to undertake, perform, and complete the six tasks
listed below which will help ensure successful implementation of
the Monroe County Comprehensive Land Use Plan and Land
Development Regulations.
(H) Scope of Services and Schedule of Deliverables
The County agrees to complete the six tasks listed
below:
(1) Land Use, Plan Administration: 1336,000
These funds will be allocated for the below
purposes:
(a) Funding to cover the implementation
requirements of the Monroe County Comprehensive
Land Use Plan and Land Development Regulations for
servicesincluding transportation planning, socio-
t I01r1 Or _ r 1-4: 09 FLA D I V FJ,r I -GMT 144 P05
economic planning, general planning, environmental
planning, environmental permitting, and
enforcement of environwntal regulations,
secretarial assistance and civil engineering;
(b) General administrative expenses, office expansion
and outfitting authorizing the County to expend
funds to properly equip offices as needed to
accommodate the planning.serviees described in (a)
above. Said outfitting may be used for office
equipment, telephones, supplies, space rental and
office renovationslas needed;
(c) Staff development in the form of funds distributed
to specified positions of the Monroe County
Planning, Building and Zoning Department (Planning
Department) in existence on September 14, 1986.
These funds are made available to recognize new
responsibilities associated with the Monroe County
Comprehensive Land Use Plan and Land Development
Regulations, subject to the approval of the Board
of County Commissioners.
(d) Overtime compensation in the form of funds made
available 'to recognize additional hours required
to assist in the implementation of the
Monroe County Comprehensive Land Use Plan and Land
Development Regulations. These funds will be
distributed to the inspectors,
building/planning/zoning coordinators,
secretaries, aids and clerks positions within the
Planning lIepartment. for compensation for all hours
worked in addition to the normal 37-1/2 hour work
week. The overtime rate of 1-1/2 times the
employee's base rate of compensation will
be the determining rate of distribution
of these funds: Compensation will be reflected
in paychecks covering the period from the
execution of this agreement through September
r, 1-4 : 1 u Ft-R o I'.' Ef*" tWT
1.4.4 R� h
i
30, 198a, land will be documented on forms provided
by the County.
(2) Monroe Count Comprehensive Land Use Plan and Land
Development Regulations Refinement; $359,000
In order to further the County's'compliance with
the 1985 Growth Management Act, the 1986 revisions
to the act and the necessary update items
identified by the Department in its review of the
February 28, 1986 submittal made by the County,
the County will complete the following activities:
(a) Refine th land use district maps and the existing
condition maps from the current scale of 1" _
600' to an improved scale of 1" = 200' in
conjunction with the ongoing effort at the Monroe
County Appraiser's Office and provide the
Department with one sepia/mylar original and one
paper copy of each map series;
(b) Reassess and refine using field collected data
from each habitat type the Habitat Evaluation
Index (HEI) found in Volume 1 and Volume 2 of the
Monroe County Comprehensive Land Use Plan and
..._.. prepare in report format a submittal to the County
Commission for adoption consideration no later
than the first six-month update of the
Monroe County Comprehensive Land Use Plan and Land
Development Regulations;
(c) Review the environmental performance standards
established in Volume 3 of the Monroe County
Comprehensive Land Use Plan's Land Development
Regulation to establish appropriate mitigation
alternatives for adoption consideration by the
County Commission during the second six-month
update of the Monroe County Comprehensive Land Use
Plan;
(d) Complete the consideration for adoption as an
amendment -to the Monroe County Comprehensive Land
a
14 : i L
FLA D t V EOERG I-WT 144 PO?
Use plan of the Worth Key Largo Area of Critical
County Concern and Habitat Conservation Plan by
the County Commission and prior to adoption, the
County will prepare and submit or cause to be
prepared and submitted, an application to the
State of Florida for an area -wide Development of
Regional Impact as well as an Environmental Impact
Statement=
(e)
Subcontract for a traffic impact model capable of
projecting future, levels of service and road
improvement costs cotgpatible with the County's
computer system -- said model will be used as a
basis for establishing compliance with the
Monroe County Comprehensive Land Use Plan's
adequate facilities provisions, and the Florida
Department of Transportation will be requested to
review and comment on all aspects and phases
involving the development of the model;
(f)
Complete the focal` point planning programs
established for the Holiday Isle and Sunshine Key
Areas of Critical County Concern to replace the
existing interim rules no later than the second
six-month update of the Monroe County
Comprehensive Land Use Plan;
(g)
Develop a usable procedure to register fishermen
according to the requiromnts of volume 3, Section
9-225 of the Monroe County Comprehensive Land Use
Plan's Lan Development Regulations within 90 days of
September :5, 1986;.
(h)
Develop a usable procedure for the registration of
all non -conforming uses no later than the second
six -Month update of the Monroe County
Comprehensive Land Use Plan;
(i)
Develop and implement a Transferable Development
Right accounting program for use on the County's
FLA D I LI VIEPr, PIGI•IT 144 P +t
computer system by the first six-month update of
the Monroe County Comprehensive Land Use Plan;
(j) Recodify the land development regulations
found in volume 3 of ` the Nonroe County -
Comprehensive Land Use Plan's Land Development
Regulations for use in the County Code Book no
later than the completion of the first six-month
update of the Monroe County Comprehensive Land U:sa
Plan and transmit two complete copies to the
Department;
(k) Develop, in conjunction with the South Florida
Water Management District, Department of
Environment) 1 Regulation and the South Florida
Regional Planning Council, a stormwater runoff
ordinance for adoption consideration by the County
Commission during the first six-month update of
the Monroe County Comprehensive Land Use Plan;
(1) Prepare a survey of archaeological, historical and
cultural sites for adoption consideration by the
County as landmark designations no later than the
second six-month update of the Monroe County
Comprehensive Land Use Plan -- the County and the
Department agree to request the assistance of the
Florida Department of State in this effort;
(m) Develop a sign program according to the
requirements of volume 3, Chapter 9, Division 13,
Section 9-1308 of the Monroe County Comprehensive
Land Use Plan's Land Development Regulations to
implement the prohibition of off -premises and
portable signs no Pater than the second six-month
update of the Monroe County Comprehensive Land Use
d �
Plan;
(n) Prepare a handbook and/or pamphlet explaining
landscaping and bufferyard requirements no later
than. the first six-month update of the
Monroe County Comprehensive Land Use Plan;
4
I' _ ! �;h _,' l .i : l s :'LA ' D ! M EI EPdi r ir:�•1T
14=3 PC?
(o) ImplemenR an impact fee accounting and tracking
procedure no later than the first six-month update
of the Monroe County Comprehensive Land Use Plan;
(p) Develop and implement-& conditional use monitoring
program compatible with the County's computer,
system no later than the first six-month update of
the Monroe County Comprehensive Land Use Plan;
(q) Review the Destination Resort requirements and
prepare a report describing possible refinements
for adoption consideration by the County
Convnission during the second six-month update of
the Monroe County Comprehensive Land Use Plan;
(r) Prepare a report for adoption consideration by the
County Commission during the second six-month
update of the Monroe County Comprehensive Land Use
Plan which reviews the status of live -aboard
vessels and include recommendations for corrective
action$
(s) Develop a focal point planning program for the
Marathon urea for adoption consideration by the
County Commission during the second six --month
.-Update of the Monroe County Comprehensive Land Use
Plan;
i
(t) Review the Mixed Use District and prepare a report
for adoption consideration ' by the County
Commission during the' second six-month update of
the Monroe County Comprehensive Land Use Plan
which deseribes,the suitability of existing
standards and recommend appropriate changes; and
(u) Within a t x months of the effective date 'of the
Monroe County Comprehensive Lund Use Plan, the
County will implement, in cooperation with the
Department of Environmental Regulation and other
state and federal agencies, a water quality
monitoring program to ensure that the individual
and cumulative impacts of development, especially
r
7
- 0; �6 1-4: 1= FLA EIN ENERG IRa IT 144. P.10
wastewater treatment systems, cofearcial water
dependent activities and live -aboard vessels, do
not degrade nea;shore water quality. The County
will invite the Cities of Key Wrest. K4y Colony
Beach and°Layton to participate in'the development
of this water quality monitoring program; sampling
stations for these Cities shall be included in th o
program and the cause of any water quality
problem(s) shall be identified and corrective
measures are to be recommended.
(3) Legal Assistance: f100,000
These funds are hereby committed for the
following purposes:
(a) The preparation of a revised "users' manual" for
the MonroelCounty Comprehensive Land Use Plan and
Land Development Regulations. Such manual
shall be in booklet or notebook form and shall
provide. to the general public the following: a
description of the Monroe County Comprehensive
Land Use Plan, the Land Development Regulations
and permitting process; a description of how to
utilize the procedures of the Monroe County
Comprehensive Land Use Plan, Land Development
Regulations and permitting process: and any
necessary graphics or charts which would aid in
citizen understanding of the Monroe County
Comprehensive Land Use Plan, Land Development
Regulations and permitting process;
(b) The- preparation of a report that analyzes the
legal issues raised by the Monroe County
Comprehensive Land Use Plan, Land Development
Regulations, and the permitting process,
including, but* not limited to: claims of
vested -rights under any Florida statute,
constitutional provision or case law or claims of
vested rights under any federal statute,
i
WID) hb ' ^0 1-4 : 13 fLA D I V EPEPci PIRIT 144 P 11
constitutional provision or case law; claims that
the Monroe County Comprehensive Land Use plan and
Land Development Regulations do not bear a
substantial relationship to the public health,
safety and welfare; claims that the Monroe County
Comprehensive Land Use Plan and Land Development
Regulations deprive affected persons
of due process, procedural and substantive, and of
equal protection of the law; and claims that the
Monroe County Comprehensive Land Use plan and Land
Development Regulations effect a regulatory
taking. The analysis will be designed to provide
the County Attorney, or other designated County
legal representative, with a comprehensive legal
research reference to serve as a basis for. -
required interpretations'of the Monroe County
Comprehensive Land Use Plan and Land Development
Regulations, administrative proceedings under the
Monroe County Comprehensive Land Use Plan or Land
Development Regulations, and legal challenges to
the Monroe County Comprehensive Land Use Plan and
v
Land Development Regulations. An analysis
shall.also be prepared of any ordinances,
resolutions or other regulations serving as a gap
or bridge between the land development regulations
in effect on July 14, 1986, and the Monroe
County Comprehensive Land Use Plan and Land
Development Regulations;
(c) The implementation of the area of critical county
concern designation for North Big Pine Key,
including: the design of a planning and legal
methodology for the required focal point planning
Program; preparation of, and taking part in, a
citizen participation program, coordination of
data, collection and consultation analysis
regarding future 1�nduse in area's of
ift
I "011 06 14: 1-1 FLH 'DIV EMEFC-i 1-6-IT 144 F1?
environmental resources such as, by way of
illustration and not limitation, the endangered
Key Deer; preparation of amendments to the Monroe
County Comprehensive Land Use Plan and Land
Development Regulations: and participation in
the amendment process;
(d) The providing of professional as;Isistance in the
Monroe County Comprehensive Land Use Plan and Land
Development Regulations update at the
six-month review period with particular attention
to implementation of the adequate facilities
provisions of the Monroe County Comprehensive Land
Use Plan and Land Development Regulations and the
incorporation of the North Key Largo Habitat
Conservation Plans
(e) Any other services authorized by the Board of
County Commissioners which are directly related to
implementling the Monroe County Comprehensive Land
Use Plan, provided that items (a) through (d)
shall be completed.
(4) special Study bX Property Appraiser: $50,000
- The County's Property Appraiser will prepare
and submit a report documenting that office's
review of the property assessments affected by the
Monroe County Comprehensive Land Use Plan and Land
Development Regulations'no later than June 1, 1987.
(5) Hearins officer cost 25 000
Based on the beneficial use and vested rights
provisions of Chapter S, Volume 3, of the Monroe
County Comprehensive Land Use Plan's Land
Development Regulations, the County will
subcontract with Hearing Officers who are members
of the Florida Bar for the purpose of reviewing
claims for beneficial use and vested rights.
Hearing Officers will be retained on an hourly
contract basis. Eligible costs shall include time
"? 1 06, -h 1.3 : 15 FLA D I V O�, i GIIT 144 P 13
to prepare recommended conclusions of law and
findings of fact for consideration by the County
'Commission, document reproduction and preparation,
court reporter services and other hearing related
costs. 1
(6) Special Counsel/Legal Defer t:180,000
The County will subcontract with Special
Counsel to act as its general legal representative
concerning litigation involving the County's
implementation of thGIMonroeCounty Comprehensive
Land Use Plain and Land Development Regulations.
The Special Counsel and/or members of the firm as
appropriate will be expected to advise the County
in matters of state and local law, including
changes and proposed changes, involving
administrative and policy decisions made during
the implementation of the Monroe County
comprehensive Land Use Plan and Land Development
Regulations and on such other matters as the
County deems appropriate at the discretion of the
County Attorney. The Special Counsel will
coordinate these responsibilities with the
Planning Department and the County Attorney.
The Special Counsel will prepare, within six
months, after selection, impact fee ordinances and
other appropriate legal instruments such as
interlocal agreements for adoption consideration
by and between Monroe County and the Cities of Key
West, Key Colony Beach and Layton for the
collection of impact fees from new development in
those Cities and ensure the transfer of fees
collected to the County for those services
impacted.
Compensation shall be as specified in a
subcontract which will specify hourly rates,
expenses, costs and modification provisions.
�-�� • ,mac 1-4: 15 FLA D I o EMEPG r1G11T i
1.34 P14
Iv. Consideration
As consideration for work satisfactorily, performed
under this agreement, the Department agrees to pay an amount
up to $1,0500000. This is a fixed fee agreement,
v. Method of Payment
The total expenditure authorised under this agreement
is $1,050,000, and no amendment shall result in a greater
expenditure. The Department agrees to pay the County upon
submittal of the proper documentation, as follows:
(A) initial payment of $262,5.00 to the County upon the
signing of this agreement;
(H) A second payment of $262,500 upon the submittal and the
Department's acceptance of the following work products
from section III B(2) of this agreement: (a), (b),
(g), (7)► (k), (n)• (o), (p), and (u) and the
Department's acceptance of a progress report
demonstrating satisfactory progress on all remaining
work products. These work products and progress report
are due no later than March 15, 1987.
(C) A third payment of $262,500 upon the submittal and the
Department's acceptance of a progress report
demonstrating satisfactory progress on all remaining
tasks is due no later than June 30, 1987;
(D) A fourth payment;of $262,500 upon the submittal and the
t
Department's acceptance of all remaining work products
and tasks. These work products and tasks are due no
later than DecemberA, 1981.
VI. Receivables and Acceptances
If all required receivables, prescribed in the scope of
services above, are not sent to the Department or are not
completed in a manner acceptable to the Department, the
Department shall withhold further payments until they are
completed and accepted. The Department has discretion to
approve or reject the receivables submitted to it pursuant
1 L
!' 1' '' OC, ' :b 1.4: its FLA d I V EPEPG I-0-IT 144 P 15
to this agreement. Within fifteen (15) working days after
the Department receives a receivable, it will review the
receivable and respond in writing to the Director of
Planning, Building and Zoning, with a copy to the County
Clerk and the County Attorney, either approving the
receivable or rejecting the receivable and specifying the
reasons for rejection. The County has ten (10) working days
after notice of the reason for the Department's rejecting
the receivable to correct and resubmit the receivable or
receivables. "Acceptable to the Department" means that the
work products and tasks are completed and submitted as a
professional product the contents of which are consistent
with the scope of services.
vIl. Audit Requirements
(A) The County agrees to maintain adequate financial
procedures and adequate support documents to account
for the expenditure of funds under this agreement.
(B) These records shall be available at all reasonable
times for inspection, review, or audit by state
personnel and other personnel duly authorized by the
Department. "Reasonable" shall be construed according
to circumstances; but ordinarily shall mean normal
business hours of 8:00 a.m. to 5:00 p.m., Local Time,
Monday through Friday.
(C) The County shall also provide the Department with the
records, repottslor financial statements upon request
for the purposes of auditing and monitoring the funds
awarded under this agr"ment. The Planning Director
shall be responsible for all document submittals, with
the County Clerk and County Attorney assisting as
appropriate. All correspondence concerning this
agreement and the Director of Planning, Building and
Zoning shall be copied to the County Clerk and County
Attorney.
:�. 1-4. 17 FL14 r S.1! . W IER& IR IT
(D) The County shall include an accounting of these funds
i
in the local audit prepared by the County for the
1986-87 and 1987-88 fiscal years as applicable.
(E) The County shall retain all financial records,
supporting documents, statistical records, and any
other documents pertinent to this agreement for a
period of three years after the date of submission of
the final expenditure report, or if an audit has been
initiated and Audit findings have not been resolved at
the end of three years, the records shall be retained
until resolution of the audit findings.
I ••
viII. Public Records
The County shall allow public access to all documents,
reports, papers, letters or other material, subject to the
provision of Chapter 119, Florida Statutes, prepared or
received by the County in conjunction with this agreement.
It is expressly understood that upon receipt of substantial
evidence of the County's refusal to comply with this
provision, the Department,will have the right to terminate
this agreement for breach.
IX. Subcontracts
(A) If the County subcontracts any or all of the work
required under this agreement, the County agrees to
include in the subcontract that the subcontractor is
bound by the terms and conditions of this agreement
with the Department.
(e) The County agrees to include in the subcontract that
the subcontractor shall hold the Department and the
County harmless against all claims of whatever nature
by the subcontractor arising out of the performance of
work under this agreement.
(C) Prior to entering into any subcontracts, the County
shall forward a copy of the proposed subcontract to the
Department for review and approval by the Department.
Each subcontract shall contain the phrase "Funding for
this contract is contingent upon approval of this
34
111-11, ;�� FAA DIV EP§p3 -' t•gaMT lea F17
.
contract by the Florida Department of Community
Affairs."
(D) Both parties further agree that any State institution
or agency may be subcontracted with directly to perform
the work tasks authorized by this agreement.
X. Contract Term
(A) This agreement shall become effective on the last date
of signing by the parties involved. No cost may be
t
attributed to this agreement prior to that date.
(B) All activities performed pursuant to this effort shall
be completed on or before December 1, 1987. The
agreement shall terminate on the same date or upon the
.1
last payment to the County, whichever comes first.
XI. Modification of this Agreement
Modification of'the provisions of this agreement,
including any extension of the termination of this
agreement, shall only be valid when they have been reduced
to writing, duly, signed by the parties hereto, and attached
to the original of this agreement.
XII. Terms and Conditions
Nothing in this agreement shall be construed to require
County --performance on any of the tasks described herein if
the funds specified in this agreement for that task are not
available from the Department. The Department likewise
finds that nothing in this agreement shall be construed as a
commitment for future funding.
This agreement contains all the conditions and terms
agreed upon by the parties.
Attached to this agreement is the following:
(1) Addendum A, Work Program Costs.
• d'g
j '' ='r 14:1$ FAH DII� ErIERG PM_�•IT i•J-i Pie
IN WITNESS WHEREOF, the parties have caused this 17 page
agreement to be executed by their undersigned officials as duly
authorized.
Jam Di for
Di sion of Resourc Planninq
and Management
Department of Community
Affairs
State of Florida
Mayor, board of Commissioners
Monroe County, Florida
2-
Date Date
n
G �Qi�
Apt',
,fir; 1 J : 19 FLA P 10 EMERu rW-3rIr 144 P 19
• L
WORK PROGRAM
w�
1. LAND USE PLAN ADMINISTRATION $336,000
2. MONROE COUNTY CoKZNSIVE LAND
USE PLAN AND LAND DL"v7ZLOPMENT $3591000
REGULATIONS
3. LEGAL ASSISTANCE :100,000
4. SPECIAL STUDY BY PROPERTY APPRAISER = 50,000
5. HEARING OFFICER COSTS 6 25,000
6. SPECIAL COUNSEL/LEGAL DEFENSE $180,000
TOTAL
$1,050,000
-- --.. TO rcr'.A
ApppovrA ASl1rFjr`G` CY
pNU 4EC,,
of Anar�P
17