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2. 02/03/1987 AgreementBRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 743-9036 To: From: Subject: Date: ��MGOUNTYC - fsJJM t .... . 91 ,N 3 '•. O oy+OE COUNTY. F�� �Dannp 1. Ralbage CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 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 Charles Pattison, Director Planning, Building and Zoning Department Rosalie L. Connolly, Deputy Clerk Resolution No. 090-1987 February 12, 1987 On February 3, 1987, the Board of County Commissioners adopted Resolution No. 090-1987 authorizing the Mayor to execute on behalf of Monroe County an Interlocal Agreement with the Florida Keys Aqueduct Authority for mapping work and rescinding Resolution No. 368-1986 and the Agreement attached thereto. Attached are two certified copies of the subject Resolution. Also attached are the original and two copies all of which have now been executed and sealed County. It is our understanding that you will the remaining necessary signatures. Please be original to the undersigned immediately after One copy should be kept by FKAA and the other retained for your own records. I - �O�- - - - Rosalie LZ Connoll Deputy Clerk Attachments cc: County Attorney Finance Director le of the Agreement, on behalf of the handle obtaining sure to return the proper execution. copy should be J. J. Pinder, Chairman Key West �� ° J. Robert Dean Vice trman, Florida Keys Key Westrman, a Willam T. Mills Aqueduct Authority Secretary/Treasurer, Marathon Post Office Box 1239 � 1100 Kennedy Drive ` Herbert Show Key West, Florida 33041-1239 Key Largo Telephone (305) 296-2454 Kermit Lewin Key West Bernard L. Schattner Executive Director February 18, 1987 Mr. Charles Pattison Monroe County Planning Department 5825 Junior College Road Key West, FL 33040 Subject: Interlocal Agreement for Utilizing CAD Base Map Dear Charles, Enclosed herewith is the fully executed copy of the subject agreement. I feel this is a significant step towards standardizing important information that is utilized by the various agencies and citizens. Per Section V, Item (A) of the agreement, please forward a check for $30,000 as initial payment for the utilization of the base mapping. Sincerely, FLORIDA KEYS AQU DUCT AUTHORITY J egg Harkness, P. E. Director of Engineering GEH/mb Enclosure cc: Finance Department Executive Office T INTERLOCAL AGREEMENT Pursuant to F.S. 163.01, this interlocal agree- ment is entered into on the 31-OL day of rDPuari 1987, 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: 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. -1- INTERLOCAL AGREEMENT Pursuant to F.S. 163.01, this interlocal agree- ment is entered into on the 31-OL day of rDPuari 1987, 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: 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. -1- 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. Regardless, in the event that state funds are not available or sufficient, Monroe County agrees to make up the difference from the existing Planning Department computer budget. 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. ables (B) Scope of Services and Schedule of Deliver- The FKAA agrees to complete the tasks listed below at a total cost not to exceed $116,700: 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 $55,500 (which is equal to one-third of FKAA's cost to prepare said base maps). Said fee is to be finally determined upon completion of the base map. If, in the future, FKAA is able to encourage other parties to purchase the right to utilize 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- 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. 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 M19 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 indicated 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 March 30, 1987. This schedule is based upon FKAA's completion of the base maps and upon prompt preparation of land use mark-ups by Monroe County. Delays in base map preparation or in Monroe County's preparation of land use mark-ups will extend the schedule and may cause a delay in completion. 11. The total cost of the base map and Land Use District overlays shall not exceed $116,700.00. 12. In addition to the costs noted above, the County shall pay the FKAA a lump sum fee of $200.00 as consideration for the administration of Tasks 7, 8, and 9 noted above. IV. Consideration As consideration for work satisfactorily performed under this agreement, the County agrees to pay an amount not to exceed $116,700 unless modified by Amendment to the Interlocal Agreement. V. Method of Payment The maximum total expenditure authorized under this agreement is $116,700 unless modified by -4- amendment. The County agrees to pay the FKAA upon submittal of the proper documentation, as follows: (A) Initial payment of $30,000 to the FKAA upon the signing of this agreement for use of their base map; (B) An additional payment of $3,000 for each of the five service districts upon receipt of the Land Use District map at 1" equals 600 feet (for a total of $15,000); (C) An additional payment of $8,000 for each of the five service districts upon receipt of the Land Use District map at 1" equals 200 feet (for a total of $40,000); (D) A final payment not to exceed $31,700 upon the submittal and the County's final acceptance of all deliverables contemplated under this agreement. VI. 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 -5- 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 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 8:00 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 expressly understood that upon receipt of substan- tial evidence of the FKAA's refusal to comply 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 -7- e 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. Specific details in this agreement shall control when they conflict with general statements in Addendum A. (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. 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. ME 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 COMMISSIONERS OF MrOOE COWY,..-.FLORIDA� MAYOR PANN ' I,. KOLHAGE, Clerk DATE: � A ZiESTt anny L. Iolhage, Clerk FLORIDA KEY AU HORITY Bern d L. Sc4,attner Execlive Director DATE: 17 - X% ATTEST: APP lerD AS TO FORP4 .rG E A � SUFFIVENCY i ski tt,);-f?+", ✓'s 0,ffire WE - : Q FLri E.I t 1 El EFC, I IC �(•IT 144 Fly= ADDENDUM A I MW ORANDUN 0 AGRZEEWT 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 deneral 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 sue. 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 "e 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 CoWrehensive Plan and Land Development Regulations adopted by Monroe County on February 28, 1986 and adopted by the Administration Commission on July 29, t 14;03 FLr4 1111' EhERv IIGIT 1 -44 F04 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 Us* plan and Land Development Regulations. (8) Scope of Services and Schedule of Deliverables The County agrees to ca■Plete the six tasks listed below: (1) L �a—W Ufa Plan Administration: $336,000 These. funds will be allocated for the below purposes$ (a) Funding to cover the implementation requirements of the Monroe County Comprehensive Land Use Plan and Land Development Regulations for servicesincluding transportation planning, socio- •� u II ilr, ' ._'r+ 1 :: Qy FL. 4 D i v ETFi3 I -EMT 144 P05 � I economic planning, general planning, environmental planning, environmental permitting, and enforcement of environmental regulations, secretarial assistance and civil engineering; (b) General administrative expenses, office expansion and outfitting authorising 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 I Comprehensive Land Use Plan and Land Development Regulations, subject to the approval of the Hoard 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 Anspectors, 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. 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 FLA DI') Er►EPA; MIT 1-14 PC16 30, 1987, and will be documented 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 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 Regulations to establish appropriate mitigation alternatives for adoption consideration by the County On- ission 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 Lana 1-3 : 10 FLA D I V EUM I -IN IT 144 PO 7 Use plan of the Forth 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; (a) Subcontract for a 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 t 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; (q) Develop a usable procedure to register fishermen according to the requiremeets of volume 3, Section 9-225 of the Monroe County Comprehensive Land Use Plan's La Development 1tegulations within 90 days of September S, 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 Ladd Use Plan] (i) Develop and implement a Transferable Development Right accounting program for use on the County's to 1 J : 11 FLA 1110 ENEFG I POS 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 Monroe County - comprehensive Land Use Plan's Land Development Regulations for use in the County Code Hook 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 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 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 • I 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;' 11:1FLA DIQ EPEFG I-01T 144 PWI (o) ImplemenR an impact fee 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 Commissibn 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 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 recoffmnd apOropriate changes; and (u) Within s �( 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 P 10 12 FLA. Ci 1 V ErIERu i IunT 1-1.3 wastewater treatment system, corawrcial water dependent activities and live -aboard vessels, do not degrade nea;shore water quality. The County will invite the Cities of Key West, Key Colony Beach an& 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. (3) Legal Assistance: $100,000 These funds are hereby committed for the following purposes: (a) The preparation of a revised "users' manual" fox 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, 1 a : 13 FLA D I V EPIEPG Mr -PIT 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 I the Monroe County Comprehensive Land Use Plan and 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, 1964, and the Monroe County Comprehensive Lind Use Plan and Land Development Regulations; (e) The implementation of the area of critical county concern designation for North Big Pine Key, I including: the design of a planning and legal methodolcg� 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 land use in area's of AL CiS _;�, 1.4.1.4 FAN NO EPIEFG IIGIIt 133 pi-) 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 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 Co>missioners which are directly related to implementing the Monroe County Comprehensive Land Use Plan, provided that items (a) through (d) shall be completed. (4) Special Study t2 Pro_yerty Appraiser: $50,000 The County's Property Appraiser will prepare and submit a report documenting that office's I 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 ) Head OffIcU Cogtgl t25,000 Based on the beneficial use and vested rights provisions of Chapter 8, 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 Rlorida Bar for the. purpose of reviewing I claims for beneficial use and vested rights. Hearing Officers will be retained on an hourly contract` basis. Eligible costs shall include time FLA Dik' EMERG I-G,IT 1.W P13 to prepare reccewended conclusions of law and findings of fact for consideration by the County Commission, document reproduction and preparation, court reporter services and other heariAg related costs. 1 (6) Special Counsel/Legal Defe ea $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 I 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 foe those services impacted. Compensation shall be as specified in a subcontract which will specify hourly rates, expenses, costs and modification provisions. -'^ 'SG- 15 FLA D I o EPIEPG Ni IT 144 P 1 3 IV. Consideration As consideration for work satisfactorily performed under this agreement, the Department agrees to pay an amount up to $1,050,000. 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 agreement; (B) 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), (j), (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 an all remaining tasks is due no later than June 30, 1987; 1 (D) A fourth payment;of $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 servidee 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 Departmint has discretion to approve or reject the receivables submitted to it pursuant -'" �lr; ' 3r• 1-3 : 16 FLA D I V ENEPG 1131T 144 P 15 to this agreement. within fifteen (15) working days after the Department receives a receivable; it will review the F 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. VII. 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, repoets�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. A111 correspondence concerning this agreement and the Director of Planning, Building and Zoning shall be copied to the County Clerk and County Attorney. A FLA C- I V EIIERG I Ii,11T 1 1-3 F 1-3 (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 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. I 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.contalA the phrase "Funding for this contract is contingent upon approval of this r tip ilp ' 3t• 14: 1FLA D I O EPIF;F!; t-k3lT 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 i 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 agreNaint 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 4 1 agreed upon by tha`partiers. Attached to this agreement is the following: (1) Addendum A, Work Program Costs. FLH NU EHEFG r11-41T 144 P18 IN WITNESS WHEREOF, the parties have caused this 17 page agreement to be executed by their undersigned officials as duly authorized. .lam Di for Di Sion of ResourcePlanning and Management Department of Community Affairs State of Florida Mayor, Board of Commissioners Monroe County, Florida It - F- jr-� /,/. '?' - 6 f K Date Date Cs Cq A i `"t F A' • �j� ' 26 1-1' 1:4 FLA NO ENEP1; 1 ti,P1T 144 P 19 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 v r � A�pVf D PATOcY' ptJo �c 6N prey'' 4 • , 17 '