1. 12/16/1986 Agreement�
K
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
"Gannp 1. Rotba ut
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA $3040
TEL. (306) 294-4641
M E M O R A N D U M
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
To: Charles Pattison, Director
Planning, Building and Zoning Department
From: Rosalie L. Connolly, Deputy Clerk
Subject: Resolution No. 368-1986
Date: December 24, 1986
On December 16, 1986, the Board of County Commissioners adopted
Resolution No. 368-1986 authorizing the Mayor to execute on
behalf of Monroe County an Agreement with the Florida Keys
Aqueduct Authority for mapping work. Attached are two certified
copies of the subject Resolution.
Also attached are the original and two copies of the Agreement,
all of which have now been executed and sealed on behalf of the
County. It is our understanding that you will handle obtaining
the remaining necessary signatures. Please be sure to return the
original to the undersigned immediately after proper execution.
One copy should be kept by the Aqueduct and the other copy should
be retained for your own records.
Rosalie L. Connolly
Deputy Clerk
Attachments
cc: County Attorney
Fi,qance Director
t
INTERLOCAL AGREEMENT
Pursuant to F.S. 163.01, this interlocal agree-
ment is entered into on the A i&4 day of
AC_elp" ber' 1986, between MONROE COUNTY, a
political subdivision of the State of Florida, herein-
after referred to as County, and the FLORIDA KEYS AQUE-
DUCT AUTHORITY, an agency created pursuant to Chapter
76-441, Laws of Florida, hereinafter referred to as
FKAA, the parties mutually agreeing and covenanting as
follows:
WHEREAS, FKAA has caused to be produced a base
map of the Florida Keys (indicating property lines,
subdivision, lot and block numbers, street names and
geographic boundaries) utilizing computer aided draft-
ing (CAD); and
WHEREAS, this base map could be used by other
agencies and utilities in preparing maps particular to
those agencies and utilities; and
WHEREAS, it is beneficial for both the FKAA and
Monroe County to use a common base map; and
WHEREAS, Monroe County desires to utilize this
CAD prepared base map; and
WHEREAS, Monroe County desires to digitize their
Land Use District maps as overlays on the base map;
NOW, THEREFORE, the parties mutually agree and
covenant to the following terms:
f
I. Covenant for Service
The County does hereby retain the FKAA to perform
the services described herein and the FKAA does hereby
agree to perform such services under the terms and
conditions set forth in this agreement.
II. Availability of Funds
All payments due FKAA are to be paid out of state
funds. Monroe County shall not be liable for any pay-
ment until the release of the authorized appropria-
tions from the Area of Critical State Concern Trust
Fund.
III. Definition, Scope and Quality of Service
(A) Intent of the Agreement
The FKAA agrees, under the terms and condi-
tions of this agreement and the applicable state and
local laws and regulations, to undertake, perform, and
complete the tasks listed below which will help ensure
successful implementation of the Monroe County Compre-
hensive Land Use Plan and Land Development Regulations.
(B) Scope of Services and Schedule of Deliver-
ables
The FKAA agrees to'complete the tasks listed
below at a total cost not to exceed $110,000:
1. FKAA hereby agrees to allow Monroe County to
utilize the Computer Aided Drafting (hereinafter
CAD) prepared base maps for a lump sum fee not to
exceed $49,000 (which is equal to one-third of
FKAA's cost to prepare said base maps plus a fee
for FKAA administration). Said fee is to be fi-
nally determined upon completion of the base
map. If, in the future, FKAA is able to encour-
age other parties to purchase the right to uti-
lize the base map, any costs recovered beyond
two-thirds of the total cost to prepare said base
map shall be shared on an equitable basis with
Monroe County.
2. FKAA agrees to allow Monroe County to uti-
lize other CAD prepared information on these base
maps specific to the FKAA utility operation at no
charge.
2
3. Monroe County agrees to allow FKAA to uti-
lize any maps or computer memory which Monroe
County causes to be prepared utilizing the CAD
base map at no charge.
4. Neither party shall make representations to
any third person regarding the designations or
depictions on overlay maps originally created for
the use of the other party, nor shall either par-
ty sell copies of such overlay maps without the
permission of the other party.
5. Monroe County agrees to participate with
FKAA in updating the CAD prepared base maps when-
ever said update is necessitated. Any fees or
terms of such update shall be mutually agreed
upon prior to said update being prepared.
6. Should Monroe County desire a copy of the
computer memory of these CAD prepared base maps,
Monroe County shall obtain such at Monroe Coun-
ty's sole cost for reproduction.
7. FKAA shall digitize for use by Monroe County
a CAD prepared overlay map of the Land Use Dis-
tricts from Key Largo to Stock Island. FKAA
shall provide a copy of the computer tape of the
Land Use District overlay.
8. FKAA shall provide one set of mylar maps
showing the Land Use Districts at a scale of 1
inch equals 600 feet. The maps shall show proper-
ty lines, section lines and numbers, major street
names where possible, mile markers along U.S. 1,
and land use district boundaries and designa-
tions. The cost of preparation of the overlay
and plotting at 1 inch equals 600 feet shall not
exceed $18,170.00.
9. FKAA shall also provide one set of mylar
maps showing the Land Use Districts at a scale of
1 inch equals 200 feet. The maps shall show all
street names, subdivision names and all lot and
block numbers in addition to the items inc'icated
3 '
in Item 8 above. The cost of preparation of the
overlay and plotting at a scale of 1 inch equals
200 feet shall not exceed $42,830.00.
10. The completion of the Land Use District over-
lay maps shall be no later than March 30, 1987.
Delays by Monroe County in preparation of the
markups necessary to create the Land Use District
maps will affect this schedule.
11. The total cost of the base map and Land Use
District overlays shall not exceed $110,000.00.
IV. Consideration
As consideration for work satisfactorily
performed under this agreement, the County agrees to
pay an amount not to exceed $110,000.
V. Method of Payment
The maximum total expenditure authorized
under this agreement is $110,000 and no amendment
shall result in a greater expenditure. The County
agrees to pay the FKAA upon submittal of the proper
documentation, as follows:
(A) Initial payment of $20,000 to the FKAA upon
the signing of this agreement for use of
their base map;
(B) Five additional payments of $3,000 each upon
receipt of the Land Use District map at 1"
equals 600 feet for an individual service
district;
(C) Five additional payments of $8,000 each upon
receipt of the Land Use District map at 1"
equals 200 feet for an individual service
district;
(D) A final payment not to exceed $35,000 upon
the submittal and the County's final accep-
tance of all deliverables contemplated under
this agreement.
4
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 ac-
ceptable to the County, the County shall withhold
further payments until they are completed and
accepted. The County has discretion to approve
or reject the receivables submitted to it pursu-
ant to this agreement. Within fifteen (15) work-
ing days after the County receives a receivable,
it will review the 'receivable and respond in writ-
ing to the Executive Director of the FKAA, either
approving the receivable or rejecting the receiv-
able and specifying the reasons for rejection.
The FKAA has twenty (20) working days after no-
tice 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 con-
tents of which are consistent with the scope of
services.
It is especially understood and agreed that all
work performed hereunder will not be performed in
whole, or inpart, by the FKAA. It is further
understood and agreed that such work is being
made available to the County at its request and
not for the benefit of FKAA and therefore, the
FKAA will in no way or manner be liable or respon-
sible to the County or any other party for any
loss or injury resulting from the performance of
such work or any loss or injury resulting from
the County's use of such work.
In addition, it is understood that these base
maps were prepared on the basis of information
compiled by others. They are intended to repre-
sent the relative location of a point or feature
5
with respect to other points or features on the
same map reather than the absolute or true ground
coordinate based location of map features. The
FKAA will not be responsible for any source docu-
ment errors or omissions in the information com-
piled by others which has been incorporated into
these maps.
VII. Audit Requirements
(A) The FKAA agrees to maintain adequate finan-
cial procedures and adequate support docu-
ments to account for the expenditure of
funds under this agreement.
(B) These records shall be available at all rea-
sonable times for inspection, review, or
audit by state personnel and other personnel
duly authorized by the County. "Reasonable"
shall be construed according to circumstanc-
es, but ordinarily shall mean normal busi-
ness hours of 6:00 a.m. to 5:00 p.m., Local
Time, Monday through Friday.
(C) The FKAA 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
FKAA. For the purpose of this agreement,
the County Planning Director shall be the
County's responsible party with the FKAA.
VIII. Public Records
The FKAA shall allow public access to all
documents, reports, papers, letters or other mate-
rial, subject to the provision of Chapter 119,
Florida Statutes, prepared or received by the
County in conjunction with this agreement. It is
0
expressly understood that upon receipt of substan-
tial evidence of the FKAA's refusal to comply
f
with this provision, the County will have the
right to terminate this agreement for breach.
IX. Subcontracts
(A) If the FKAA subcontracts any or all of the
work required under this agreement, the FKAA
agrees to include in the subcontract that
the subcontractor is bound by the terms and
conditions of this agreement with the County.
(B) The FKAA agrees to include in the subcon-
tract that the subcontractor shall hold the
County harmless against all claims of whatev-
er nature by the subcontractor arising out
of the performance of work under this agree-
ment.
(C) The County and the FKAA agree that both par-
ties are bound by the memorandum of agree-
ment 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 au-
thorized by this agreement.
X. Contract Term
(A) This agreement shall become effective on the
last date of signing by the parties in-
volved. No cost may be attributed to this
agreement prior to that date.
(B) Except as provided in Article III, Section
10, all activities performed pursuant to
this effort shall be completed on or before
March 30, 1987. The agreement shall termi-
nate on the same date or upon the last pay-
ment to the FKAA, whichever comes first.
XI. Modification of this Agreement
Modification of the provisions of this agree-
ment, 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 FKAA 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 commit-
ment 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 COUNTY COMMISSIONER
OF �FLORIDA
BY:n;CO
.
DANNY L. KOLHAGE, Clerk a• �r
ATTEST: C.
Danny L. olhage, Jerk
FLORIDA KEYS AQUEDUCT AUTHORITY
BY:
DATE:
ATTEST:
Bernard L. Shattner
Executive Director
APPROVED AS TO FORM,
AND LEGAL SUFFICIENCY.
1
BY
Attorney a Office
FLH k1 EliEf,l1 i l ��OT 144 F'o=
ADDENDUM A
ANDUM OF AGA T
This agreement is being entered into by and between the
Department of Community Affairs (Department) and Monroe County
(county) to provide for the implementation 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.
i
WHEREAS, the 1986 Session of the Legislature provided an
appropriation of $1,050,000 from the general Revenue Fund to the
Area of Critical State Concern Trust Fund for implementation
assistance for comprehensive plans and land development
regulations developed pursuant to and consistent with the area of
critical state concern program within the Florida Keys area.
WHEREAS, the County Commission approved and submitted to the
Department its comprehensive plan and land development
regulations in accordance with Section 163.3161, et seq. and
380.05, Florida Statutes on February 28, 1986.
WHEREAS, the Administration Commission voted to accept these
documents, with changes,�at its meeting of July 29, 1986, and
subsequently established the effective date for the
implementation of this comprehensive plan and land development
regulations as September 15, 1986. (Hereinafter, as used in this
agreement, the terms Monroe County Comprehensive Land Use Plan
and Land Development Regulations refer to and shall be
interpreted to mean the Monroe County Comprehensive Plan and Land
Development Regulations adopted by Monroe County on February 28,
1986 and adopted by the Administration Commission on July 29,
t..
t ii_P ' _ _ _ 6 14. i t$ FLA rill.) EFERG PI -IT
144 PCU
1986, and which Plan and Regulations became effective on
September 15, 1986.)
WHEREAS, both the Department and the County have committed to
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.
(9) Scope of Services and Sahedule of Deliverables
The County agrees to complete the six tasks listed
below:
4
(1) Lan UJ-0 "A , nistrafion: $336.000
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
services including transportation planning, socio-
FLA Di V . ETF13 1-01T 144 P05
economic planning, general planning, environmental
planning., environmental permitting, and
enforcewnt of environmental 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.services described in (a)
above. Said outfitting may be used for office
equipment, telephones, supplies, space rental and
office renovations as 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 Coraprehenslive 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 Department for compensation for all hours
worked in addition to the normal 37-1/2 hour work
week. Tho 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
V
1-4:1Cl FLA NO.) ENEPG I'WT 144 PC16
30, 198a, 'and will be daented on forms provided
by the County.
(2) Monroe County 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 tho land use district maps and the existing
I
conditions 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 Count-y
Commission for adoption consideration no later
than the first six-month update of the
Monroe County Comprehensive Land Use Plan and Land
Developsatnt Aequlations j
(c) Review the environmental performance standards
established in Volume 3 of the Monroe County
Comprehensive Land Use Plan-s Land Development
Requlation� 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
1 i: 10 FL A D I V EPIERG MGP1T 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 traffic impact model capable of
projecting future levels of service and road
improvement costs compatible 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 requireoMts 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-egnforming uses no later than the second
six-month update of the Monroe County
Comprehensive Lat d Use plan;
(i) Develop and implement a Transferable Development
Right accounting program for use on the County's
12
FLA. P I u EUIEFG HRIT
computer system by the brat six-month update of
the Monroe County Comprehensive Land Use Plans
(j) Recodify the land development regulations
found in volume 3 of the Monroe 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 Use
Plan and transmit two complete copies to the
Department;
(k) Develop, in conjunction with the South Florida
Water' Management District, Department of
Environmental 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„sues 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 Departaent of State in this effort;
(m) Develop a sign program according to the
requirements of Volume 3, Chapter 9, Division 13,
Section 9-1309 of the Monsoe County Comprehensive
Land Use Plan's Land Development Regulations to
implement the prohibition of off -premises and
portable signs no later than the second six-month
update of the Monroe County Comprehensive Land Use
o �
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;
'„_ uo ' _r 1-3: 1_ FLA DIQ EMEPG UCd1T 144 PG'?
(o) ImplemenF an impact tee accounting and tracking
procedure no later than the first six-month update
of the Monroe County Comprehensive Land Use Platt;
(p) Develop and implement a 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
Commission 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
actions
(s) Develop 'a focal point Planning program for the
Marathon area for adoption consideration by the
County Commission during the second six-month
_....'update of the Monroe County Comprehensive Land Use
Plan;
(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 describes, the suitability of existing
standards and recommend appropriate changes; and
(u) Within s t
x months of the effective date of the
Monroe County Comprehensive Land 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
r; ' : - 14 : 12 FLA D 1,U EMERG I IGMT 144 P 10
11
wastewater treatment systems, co"Mrcial 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) nhall be identified and corrective
measures are to be recomsended.
( 3 ) Legal Asjistanc_ : 10�►0,000
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,
Qh 'So 1J:13 FLADIV E1-EPG WENT 144 P11
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
Land Development Regulations. An analysis
sha.11.als? 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, 1964, and the Monroe
County Comprehensive Land Use Plan and Land
Developmwnt Regulations;
(c) The implementation of the area of critical county
concern designation for lbrth Big Pine Key,
including: the design of a planning and legal
methodology for the required focal point planning
program; preparation of, asd taking part in, a
citizen participation program, coordination of
data collection and consultation analysis
regarding future land use in areas of
a
' 1.3 : 1 1 FAA D I I► Et IEF:G 10it 144 P 13
environmental resources each as, by way of
illustr4tibn and not liaitation, the endangered
Key Deer; preparation of amendments to the Monroe
County Comprehensive Land Use Plan and Land
Development Requlationst and participation in
the amendment process;
. 1
(d) The providing of professional assistance 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 Plan;
(e) Any other services authorized by the Board of
County Cotnissioners which are directly related to
implementing the Monroe County Comprehensive Land
Use Plan, provided that items (a) through (d)
shall be completed.
(4) Special Studyb
I 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) He4rjBS Of.fiCgg&Ij$25,000
Based on the beneficial use and vested rights
provisions of Chapter A. Volume 3, of the Monroe
County Comprehensive Land Use Plan's Land
Developoen�. Regulations, the County will
subcontract with Nearing Officers who are members
of the Florida far 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
.,",I 0E. • R-a 14• 15 FLA NO EPIERG I.1Li1•IT
14-4 P13
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 es $180,000
The County will subcontract with Special
Counsel to act as its general legal representative
concerning litigation involving the County's
implementation of the Monroe County 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?
COX" sation shall be as specified in a
subcontract which will specify hourly rates,
expenses, Costs and Modification provisions.
Qr, "30- 1-7: 15 FLA NO V EMEPU tI.&IT
144 P1.4
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 $262,500 to the County upon the
signing of this agreementf
(H) A second payment of $262,500 upon the submittal and the
Department's acceptance of the following work products
from section III 3(2) of this agreement: (a), (b),
(g), (j), (k), (n), (o), (p), add (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 upoin 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'ot $262,500 upon the submittal and the
Department's acceptance of all remaining work products
and tasks. These work products and tasks are due no
later than December 1, 1987.
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 mannet 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
s it
1a:1i_ FLA DIV ENEPG I•IGMT
144 P15
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 rejectio6. 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.
vI2. 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 S:00 p.m., Local Time,
Monday through Oriday.
(C) The County shall also provide the Department with the
records, reports�or financial statements upon.request
for the purposes of auditing and monitoring the funds
awarded under this agreement. 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: 1" FLA C! I V EI'IERG 11GHT 144 F 17
(D) The County shall include an accounting of these funds
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.
vIII. Public Records
a t
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
t
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.
(D) 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
#9
.
�as `;t, 1.1:17 FLA DIO ENEjFG ratr 144 P17
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
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
last payment to the County, whichever comes first.
X1. 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.
X11. 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 ih this agreement shall be construed as a
commitment for future funding.
This agreement contains all the conditions and terms
•> 1
agreed upon by th,e'partieo.
Attached to this agreement is the following:
(1) Addendum A, Work Program Costs.
Jr" = 14 : 18 FUH D 111 ENEPG Ph_4
144 P18
IN WITNESS WHEREOF, the parties have caused this 17 page
agreement to be executed by their undersigned officials as duly
O
authorized.
Jam Di for
Di Sion of Resourc4V Planning
and Management
Department of Community
Affairs
State of Florida
6�- `414 �- -
Mayor, Board of Commissioners
Monroe County, Florida
�(' ,F- X / - 7-
Date Date
E
04 ' 8E. 14: 1 `? FLA D 1 k' V IERG I ti,1 IT 144 P 19
Wo RK pROGtRAM COST
1. LAND USE PLAN ADMINISTRATION $336,000
2. MONROE COUNTY COMPREHENSIVE LAND
USE PLAN AND LAND DEVELOPMENT $359,000
REGULATIONS
3. LEGAL ASSISTANCE $100,000
4. SPECIAL STUDY BY PROPERTY APPRAISER s 50,000
5. HEARING OFFICER COSTS $ 25,000
6. SPECIAL COUNSEL/LEGAL DEFENSE $180,000
TOTAL
$1,050,000
--- - _.. - 0 rcrpA
AURA ffIGIL `LY
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