03/03/1987 Agreement1*1
MEMORANDUM OF AGREEMENT
FOR TECHNICAL ASSISTANCE
This agreement is being entered into by and between the South
Florida Regional Planning Council (SFRPC) and Monroe County (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 comprehensive plan.
WHEREAS, the County seeks technical assistance in completing
several tasks identified in its Memorandum of Agreement executed With DCA
on November 8, 1986.
WHEREAS, the SFRPC 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 services
described herein and the SFRPC 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 SFRPC 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.
(B) Scope of Services and Schedule of Deliverables
The SFRPC agrees to complete the six tasks listed below 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; Re-late£-thaR-the-€test-six
2
meRth-update-e€-the-MARFee-County-CompFeheasive-band
Use-PlaR-and-band-Development-Regulatieast
(2) Review the environmental performance standards
established in Volume 3 of the Monroe County
Comprehensive Land Use Plan's Land Development
Regulations to establish appropriate mitigation
altenatives for adoption consideration by the County
Commissions during-the-seeeRd-six-meRth-update-e€-the
McRFee-Geunty-GempeeheRsive-band-Use-Plant
(3) Develop, in conjunction with the South Florida Water
Management District, Department of Environmental
Regulation and the County, a stormwater runoff
ordinance for adoption consideration by the County
Commission duFimg-the-€iFst-six-meRth-update-of-the
McRFee-6euRty-gespeeheRsive-band-Use-Plant
(4) Prepare a survey of archaeological, historical and
cultural sites for adoption consideration by the
County as landmark designations Re-later-thaR-the
seeeRd-six-meRth-update-e€-the-McRFee-CeuRty
GempFeheRsive-band-Use-Plan -- the County and the
SFRPC agree to request the assistance of the Florida
Department of State in this effort;
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(5) Prepare a report for adoption consideration by the
County Commission duriRg-the-seeemd-six-Meath-update
e€-the-MoRree-GeuRty-Gespreheasive-band-Ise-Plan
which reviews the status of live -aboard vessels and
includes recommendations for corrective action; and
(6) WithiR-six-McRths-e€-the-a€€eetive-date-e€-the-MARree
GeuRty-6espreheasive-band-else-PlaRT-the-GexRty-will
tmpleseRtT Develop for Commission review and
adoption, 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 wastewater treatment systems,
commercial water dependent activities and live -aboard
vessels, do not degrade nearshore water quality. 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
stations for these Cities shall be included in the
program and the cause of any water quality problem(s)
shall be identified and corrective measures are to be
recommended.
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IV. Consideration
As consideration for work satisfactorily performed under 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 expenditure. 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(Z)-of this agreement.
The progress reports are due no later than HaFek-15T June
30, 1987;
(C) A final payment of $39,000 upon the submittal and the DCA's
acceptance of a final report demonstrating completion of
all tasks is due no later than duce-30T December 31, 1987.
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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 completed and accepted. The
County has discretiori'to approve or reject the receivables
submitted to it pursuant to this agreement. Within fifteen (15)
working days after the County receives a receivable, it will
review the receivable 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 correct
and resubmit the receivable or receivables. "Acceptable 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 services.
VII. Audit Requirements
(A) The SFRPC 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
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other personnel duly authorized by the County.
"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 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 document submittals. All
correspondence concerning this agreement shall include 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 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
terminate this agreement for breach.
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IX. Subcontracts
(A) If the SFRPC subcontracts any or all of the work required
under this agreement, the SFRPC agrees to include 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 subcontractor 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 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 attributed
to this agreement prior to that date.
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(B) All activities performed pursuant to this effort shall be
completed on or before dune-39T December 31, 1987. The
agreement shall terminate on the same date or upon the last
payment to the SFRPC, whichever comes first.
The County will hold the Council harmless if after diligent
attempts no subcontractor can be found that is willing to
complete a portion of the Scope of Services and Schedule of
Deliverables within the timeframes outlined in Section
X(B), or for the amount allocated.
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 SFRPC
performance on any of the tasks described herein 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 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) Copy of executed memorandum of agreement between the County
and the DCA entered into on November 8, 1986 (See Addendum
A).
DANNY L KOLHAGE, Clerk
ATTEST: I�
Danny LKolhag f
Clerk
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF MO OE COUNTY, FLORIDA
BY:
Mayor � '
D E:
SOUTH FLORIDA REGIO AL PLANNING
COUNCIL
BY:
Chairman
DATE: 6 — / - S 7
APPROVED AS TO FORPA
AND LEGAL SUFFICIENCY-
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