01/17/2014 AgreementAMENDMENT NO.2 TO INTER -LOCAL AGREEMENT
BETWEEN SOUTH FLORIDA REGIONAL PLANNING COUNCIL
AND MONROE COUNTY, FLORIDA
THIS AMENDMENT NO.2 TO INTER -LOCAL AGREEMENT is made and entered into this
16th day of January, 2014, between Monroe County Board of County Commissioners (hereinafter
"COUNTY" or "BOCC") and the South Florida Regional Planning Council (hereinafter "SFRPC").
WITNESSETH:
WHEREAS, the parties entered into an Inter -Local Agreement (ILA) on August 17, 2011, to revise
the Monroe County Marina Siting Plan, perform a Needs Analysis, develop Marina Siting Criteria, write a
comprehensive plan amendment adopting the Marina Siting Criteria into the Monroe County Comprehensive
Plan, and attend BOCC hearings; and
WHEREAS, the ILA expired on January 31, 2013; and
WHEREAS, Amendment No.I to the ILA was approved on February 20, 2013, extending the
deadline of deliverables to March 31, 2014 ; and
WHEREAS, SFRPC presented the completed Marina Siting Plan, Needs Analysis, Marina Siting
Criteria and draft comprehensive plan amendment to the County at the November 20, 2013 BOCC meeting,
at which the BOCC gave direction to perform additional analysis and develop alternative comprehensive
plan language, and make any necessary revisions to the associated Marina Siting Plan, Needs Analysis,
Marina Siting Criteria and comprehensive plan amendments; and
WHEREAS, it is necessary to amend the ILA to extend the timeline for SFRPC attendance at
BOCC meetings, and allow SFRPC to perform additional analyses, and associated revisions to the Marina
Siting Plan, Needs Analysis and Marina Siting Criteria, and comprehensive plan amendments as necessary,
and be compensated for its services; and
WHEREAS, it is anticipated that all work, including possible revisions due to Department of
Economic Opportunity review, will be completed by the end of February 2015;
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties agree
as follows:
1. Section 1 of the ILA dated August 17, 2011, is hereby amended as follows:
The term of the ILA is August 17, 2011, through February 28, 2015.
2. Attachment 1. Scope of Services (see attached), of the ILA dated August 17, 2011, is hereby amended
as follows:
a) Revise Section A: Scope of Services, by adding paragraph 8. Additional work
b) Revise Section B: Deliverables, by adding paragraph 5. Additional work
c) Revise Section C: Draw Schedule, by adding "Compensation for additional work"
d) Revise Section D: Timelines for Marina Siting Plan and Comprehensive Plan Revision, to reflect
the extension of deliverable dates and timelines.
Attachment 1 Scope of Services is appended hereto as amended and incorporated herein.
4. The remaining provisions of the ILA dated August 17, 2011, not inconsistent herewith, remain in full
force and effect.
SFRPC ILA Amendment 12-18-2013
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above
WITNES ES: D
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Richard O burnRichard O burn
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Print Name: Rhonda H. Noah
BOARD OF COUNTY COMMISSIONERS
F MONROE COSY, FLO A
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Mayor Pro-Tem
SO LORIDA REGIONAL PLANNING COUNCIL
By:
rint N e: James F. Murle
Executive Director
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STATE OF
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On this _ A day of i 94n ,z 2013 , before me the person whose name is subscribed
above, and who produced I u)Is identification, acknowledged that he/she is the
person who executed the a ove Contract for the purposes therein contained.
No ary Public NOTARY PUBLIC -STATE OF FLORIDA
T'SA 6EL 1"Io N'J Sisal Moreno
C®,�� Commission gDD969977
Print Name '•.'!'.�� ExPir5: APR.24,2014
My commission expires: 4-Seal B0^D®Tm+u Arwrtmacrvnwc ca,mc
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APPROVEtO�•/t5 T
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SFRPC ILA Amendment 12-18-2013
Attachment 1
(amended 1-16-2014)
Scope of Services
for
Revisions to the Monroe County Marina Siting Plan, Perform Needs Analysis &
Prepare Marina Siting Criteria for Adoption into Comprehensive Plan
The following sections describe the Scope of Services, Deliverables, and Timelines for the
revision and processing of the Monroe County Marina Siting Plan and associated Monroe
County Comprehensive Plan (Comp Plan) Goals, Objectives and Policies.
Section A: Scope of Services
1. Communication and Coordination:
Communicate and coordinate with Monroe County staff, the State Land Planning Agency,
Department of Environmental Protection (DEP), United States Army Corps of Engineers
(USACE), and other pertinent agencies regarding necessary and appropriate revisions to the
current Marina Siting Plan and the development and refinement of marina siting criteria in the
Comp Plan. Include Monroe County Growth Management staff in all phone calls and meetings
with pertinent agencies.
2. Prepare marina siting criteria:
a) Compile and document marina siting criteria as specified in the current County Comp Plan
and Land Development Code. Conduct a literature review of local, regional, and/or other coastal
jurisdictions in Florida and compile and document marina siting criteria utilized by those entities.
From the research conducted, provide recommendations on the possible development of new
and/or the refinement of Monroe County marina siting criteria and standards. Ensure
recommended criteria and standards are consistent with the Comp Plan (except for Comp Plan
policies that are recommended for revision) and other pertinent rules, regulations, and
documents.
b) Submit recommendations to Monroe County Growth Management for review and comment
(up to two reviews).
c) Submit proposed marina siting criteria, with appropriate revisions based upon Monroe
County Growth Management comments, to the State Land Planning Agency for a courtesy
review.
d) Submit revised recommendations, based upon State Land Planning Agency comments, to
Monroe County Growth Management for review and comment (up to two reviews).
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e) Submit recommendations to DEP and USACE. The submission to DEP and USACE shall
include a cover letter explaining the purpose of the documentation and approval request, on
behalf of the County (see Policy 212.4.1 and Policy 212.4.2).
f) If DEP and/or USACE have concerns or recommendations, South Florida Regional Planning
Council staff and Monroe County Growth Management Staff shall coordinate and review the
DEP and/or USACE comments. Recommended marina siting criteria shall be revised, as
appropriate, and resubmitted to DEP and USACE for review and approval.
3 Perform a Needs Analysis for additional marinas/slips:
a) Conduct a literature review on the best practices for determining and conducting a needs
analysis for additional marinas/slips. The review will focus on local, regional, and/or coastal
jurisdictions in Florida that have adopted marina siting criteria and standards. Compile
information and recommendations for a Needs Analysis methodology and submit to Monroe
County Growth Management for review and comment (up to two reviews).
b) The Needs Analysis methodology shall include the provisions of Policy 212.4.6 regarding
the need for full utilization of existing marinas within a five mile radius, including both marinas
located in municipalities and unincorporated Monroe County. Consult with County staff and
State Land Planning Agency to define a full utilization threshold and to finalize the needs
assessment methodology for determining future marina/slip development in the County. Submit
final Needs Analysis methodology recommendations to Monroe County Growth Management
for review and comment (up to two reviews).
c) Perform a Needs Analysis to determine the need for additional marinas/slips, including but
not limited to, the following:
• vessel registration trends;
• the inventory of marine facilities (type and distribution of facilities) included in the April
30, 2007, Monroe County Marine Facilities Inventory;
• recent County aerials from February 2006 and January 2009 to determine utilization, and
to identify utilization patterns associated with recent economic trends.
• the 2009 FWC Florida Boating Access Facilities Inventory and Economic Study
(recreational and economic demands); and
• other data sources as appropriate.
The Needs Analysis shall be a stand-alone document.
d) Integrate the findings of the Needs Analysis into the Marina Siting Plan.
4. Revisions to the Marina Siting Plan:
a) After the Needs Analysis and marina siting criteria are finalized, address all sections of the
December 7, 2007, Objections, Recommendations, and Comments (ORC) Report [Attachment 1]
issued by the State Land Planning Agency pertaining to the Marina Siting Plan. Revise the
Marina Siting Plan to address deficiencies indicated in the ORC Report [Attachment 1 ] and
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based on the Needs Analysis and marina siting criteria. Submit recommendations to Monroe
County Growth Management for review and comment (up to two reviews).
b) Revise the Site Suitability Analysis Section II.(c)(3.) of the Marina Siting Plan to clearly
identify and explain the criteria utilized to determine and map the Site Suitability Zones
(preferred, conditional and exclusionary). Revise the Suitability Maps utilizing best available
information. Submit revisions to Monroe County Growth Management for review and comment
(up to two reviews).
c) Revise the Introduction of the Marina Siting Plan to include a clear and concise purpose of
the Marina Siting Plan.
d) Include clear recommendations regarding the need and appropriateness of future, new marina
development based on the siting criteria, existing number and distribution of marinas, the Needs
Analysis, and environmental protection.
e) Include a brief discussion of the goal of preservation of existing marinas and incentives for
the redevelopment of existing marinas to encourage modernization, environmental protection
and public access.
5. Ensure the revised Marina Siting Plan meets statutory requirements and is properly processed:
a) The completed Marina Siting Plan will meet/address the minimum requirements of the
December 7, 2007, ORC Report by the State Land Planning Agency [Attachment 1], and the
provisions of Chapter 163, F.S.
6. Revise the Comp Plan to reflect completion of the Marina Siting Plan, the Needs Anal
and approval of marina siting criteria by DEP and USACE:
a) In accordance with Objective 212.4 and Policy 212.4.3, provide recommendations of marina
siting criteria for inclusion in the Comp Plan. Provide revisions of the applicable Goals,
Objectives and Policies of the Comp Plan to address the completion of surveys and analyses and
to ensure consistency with the Marina Siting Plan (format with strike -through & underline).
Submit proposed amendments for Monroe County Growth Management for review and comment
(up to two reviews).
b) Submit proposed amendments for Planning Commission and Board of County Commission
(BOCC) review and transmittal to DCA (state land planning agency).
c) If necessary, review & analyze State Land Planning Agency Objections, Recommendation
& Comments (ORC) Report for the transmitted amendments and prepare a response. Submit
recommended response to Monroe County Growth Management for review and comment (If
necessary, up to two reviews).
d) Prepare recommended final Comp Plan amendments for the BOCC adoption. Submit
recommendations to Monroe County Growth Management for review and comment (up to two
reviews).
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7. Participate in public meetings:
South Florida Regional Planning Council staff will attend four public meetings to present the
Marina Siting Plan and proposed Comprehensive Plan amendments to the public, receive input,
and assist with the approval process in accordance with established County procedures,
including:
• One community meeting to discuss the Marina Siting Plan and proposed Comprehensive
Plan amendment(s) to adopt marina siting criteria; and
• One Planning Commission meeting for consideration of approval of the proposed
Comprehensive Plan amendment(s) to adopt marina siting criteria; and
• One BOCC meeting for the transmittal of the proposed marina siting criteria
Comprehensive Plan amendment(s) to State Land Planning Agency.
• One BOCC meeting for the adoption of the marina siting criteria Comprehensive Plan
amendment(s).
The Needs Analysis and Marina Siting Plan shall be submitted as data and analysis for the
proposed Comprehensive Plan amendment(s) to adopt marina siting criteria.
8. Additional work:
Perform additional work as directed by the BOCC and staff, which may include but is not limited
to:
• Attend BOCC meeting to present deliverables and discuss Comprehensive Plan
Amendments*
• Perform GIS analyses
• Revise Marina Siting Plan- including language regarding site suitability and rationale
for marina siting limitations due to potential resource impacts of new marina
development
• Revise Needs Analysis
• Revise Marina Siting Criteria
• Develop alternative policy language and/or conditions and revise comprehensive plan
amendments (i.e. additional revisions that were not contemplated in the scope of work
of the original ILA)
• Attend additional BOCC meetings as necessary*
Additional work will be based on an hourly rate of $110 per hour (not including attendance at
meetings). Attendance at meetings will be based on a flat rate of $1,000 per meeting. Costs for
additional work, including attendance at meetings is not to exceed $20,000.
* Attendance at the BOCC meetings described in 8. (above) may be substituted for either or both
of the BOCC meetings described in 7 (above).
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Section B: Deliverables
1 Marina Siting Criteria for DEP and USACE approval
a) Two copies and 1 CD copy of the marina siting criteria recommendations for staff review
(up to 2 revisions) by the date indicated in Section D- Timelines.
b) Two copies and 1 CD copy of draft marina siting criteria for State Land Planning Agency
courtesy review (up to 2 revisions) by the date indicated in Section D- Timelines.
c) Two copies and 1 CD copy of revised draft marina siting criteria for staff review (up to 2
revisions) by the date indicated in Section D- Timelines.
d) Two copies and 1 CD copy of final marina siting criteria and a cover letter addressed to
DEP and ACOE requesting approval (up to 2 revisions) by the date indicated in Section D-
Timelines.
2. Needs Analysis:
a) Two copies and 1 CD copy of draft Needs Analysis methodology for staff review (up to 2
revisions) by the date indicated in Section D- Timelines.
b) Two copies and 1 CD copy of final Needs Analysis methodology for staff review (up to 2
revisions) by the date indicated in Section D- Timelines.
c) Two copies and 1 CD copy of Needs Analysis document by the date indicated in Section D-
Timelines.
3 Revised Marina Siting Plan (including Suitability Maps):
a) Two copies and 1 CD copy of draft Marina Siting Plan for staff review (up to 2 revisions)
by the date indicated in Section D- Timelines.
b) Two copies and 1 CD copy of second draft Marina Siting Plan for State Land Planning
Agency courtesy review by the date indicated in Section D- Timelines.
c) Two copies and 1 CD copy of the third draft Marina Siting Plan for staff review (if
necessary) by the date indicated in Section D- Timelines.
4 Comprehensive Plan revisions:
a) Two copies and 1 CD copy of draft Comp Plan amendments for staff review (up to 2
revisions) by the date indicated in Section D- Timelines.
b) Eight copies and 1 CD copy of final Comp Plan amendments to staff for Planning
Commission meeting by XXX (meeting date to be determined).
c) Eight copies and 1 CD copy of final Comp Plan amendments for the BOCC transmittal
meeting, with cover letter addressed to BOCC by XXX (meeting date to be determined).
d) Two copies and 1 CD copy of draft responses (up to 2 revisions) to Objections,
Recommendation & Comments (ORC) Report by XXX (meeting date to be determined).
e) Eight copies and 1 CD copy of final Comp Plan amendments (up to 2 revisions) for the
BOCC adoption meeting, with cover letter addressed to BOCC by XXX (meeting date to be
determined).
5. Additional work:
Deliverables for additional work based on direction by the BOCC or Staff.
a) Two copies and 1 CD copy of revised Marina Siting Plan
b) Two copies and 1 CD copy of revised Needs Analysis
c) Two copies and 1 CD copy of revised Marina Siting Criteria
d) Two copies and 1 CD copy of revised Comprehensive Plan amendments
Section C: Draw Schedule
The compensation associated with this Scope of Services is $50,000.00 and shall be
distributed as follows:
Upon execution of contract by BOCC
Upon delivery and acceptance of the Needs Analysis
Upon delivery and acceptance of the Marina Siting Criteria
Upon delivery and acceptance of the Revised Marina Siting Plan...
Upon completion of all final deliverables, including the Comprehensive Plan
Revisions and attendance at the final Board of County Commission
Meeting for approval
Total
$10,000.00
$15,000.00
$10,000.00
$7,500.00
$7,500.00
$50,000.00
Compensation for additional work, not to exceed $20,000 shall be distributed as follows:
Attendance at BOCC meeting to present initial deliverables
Upon delivery and acceptance of revised Needs Analysis, Marina Siting Plan
and Comprehensive Plan amendments
Attendance at additional BOCC meetings
$1,000.00
$110 per hour
$1,000 each
r"
Section D:
Timelines for Marina Siting Plan and Comprehensive Plan Revisions
(SEE ATTACHED)
Section E:
State Land Planning Agency December 7, 2007, Objections, Recommendations, and Comments
Report
(SEE ATTACHED)
AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MoxaoE caxrrr, FLORIDA
DATE: January 23rd, 2014
TO: Christine Hurley, Director of
Growth Management
ATTN: Mayra Tezanos
Executive Assistant
FROM: Vitia Fernandez, D.
At the January 17, 2014, Board of County Commissioner's meeting the Board granted approval
and authorized execution of the following Item G1 Amendment No. 2 to the August 17, 2011, Marina
Siting Plan Inter -Local Agreement (ILA) between Monroe County and South Florida Regional Planning
Council (SFRPC), providing for additional work to be performed, including but not limited to GIS
analyses, revisions to the Needs Analysis, Marina Siting Plan and proposed comprehensive plan
policies, and attendance at additional BOCC meetings as necessary. Costs for the additional work are
not to exceed $20,000.
Enclosed is (4) four duplicate originals of the above -mentioned for your handling. Should you have any
questions, please feel free to contact our office.
cc: County Attorney
Finance
File
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