Item B03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
7--000
Meeting Date: January 20,~_
Bulk Item: Yes X No
Division: Growth ManaJl;ement
Department: Planning
AGENDA ITEM WORDING: Amendment to the Joint Participation Agreement between the Florida
Department of Transportation, Department of Community Affairs and Monroe County regarding the
development of a Habitat Conservation Plan.
ITEM BACKGROUND: Last year Monroe County Board of County Commissioners agreed to pursue the
development of a Habitat Conservation Plan to address the needs of the endangered species and residents on Big
Pine and No Name Keys. The completion of the plan is to be a tri-agency effort by Monroe County, the Florida
Department of Transportation and the Florida Department of Community Affairs. A tri-party memorandum of
agreement (MOA) indicates that Monroe County, the DCA and DOT will each contribute $100,000.00 to the
effort and that the DOT will be the lead, contracting agency. That is, both the DCA and Monroe County are to
provide DOT with $100,000.00 towards the prqject. The joint participation agreement (JPA) is the mechanism
that implements the MOA by specifically spelling out the roles and duties of each agency regarding the planning
effort.
This implementing JPA has previously been approved by the FOOT and by Monroe County. However, the
Florida Department of Community Affairs finds it necessary to change the language in the document regarding
the terms and conditions of payment to DOT. Since it is necessary to obtain signatures on the JPA from all 3
parties and having made a similar language adjustment to the terms of Monroe County's payment, staff believes
that the amendment is in the best interest of the County. (The change is located in subsection 7.10 on page 5 of
the JPA. )
....
PREVIOUS RELEVANT BOARD ACTION: On September 9, 1998, the Monroe County BOCC authorized
execution of the MOA. On May 13, 1999, the BOCC authorized execution of the JPA. Both documents are
signed by Monroe County's Mayor.
STAFF RECOMMENDATION: Approval
TOTAL COST: $300,000.00
COST TO COUNTY: $100,000.00
AMOUNT PER MONTH N/A
APPROVED BY: County Attorney X
BUDGETED: Yes X
NO
PER YEAR
OMB/Purchasing X
'-:fro~ y -:> -7 v ~ '
,. ~"~oA~ ~y/
~ / ./ ~ r /1!O/'1 t/
/ ~~ ~.
Risk Management N/ A
DEPARTMENT DIRECTOR APPROVAL:
To follow
_~, ~~red
Agendaltem#: ~ ~~
REVISED
JOINT PARTICIPATION AGREEMENT
JOINT PARTICIPATION AGREEMENT
BETWEEN
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS,
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
MONROE COUNTY,
2798 Overseas Highway
Marathon, Florida 33050
and
FLORIDA DEPARTMENT OF TRANSPORTATION
1000 NW Ulth Avenue, Room 6101
Miami, Florida 33172
HABITAT CONSERVATION PLAN ON BIG PINE AND NO NAME KEYS,
MONROE COUNTY, FLORIDA
This Agreement, entered into this day of 2000, by and between the
Florida Department of Community Affairs, hereinafter referred to as the FDCA, Monroe
County, hereinafter referred to as the COUNTY, and the Florida Department of
Transportation, hereinafter referred to as the FDOT.
WITNESSETH:
WHEREAS, on October 26, 1998, the U.S. Fish and Wildlife Service, hereinafter
referred to as the USFWS, Florida Game and Fresh Water Fish Commission, hereinafter
referred to as the FGFWFC, the FDCA, the COUNTY, and the FDOl' entered into a
Memorandum of Agreement (MOA) for the development of a Habitat Conservation Plan
(HCP) for Big Pine and No Name Keys; and
WHEREAS, an HCP Coordinating Committee, consisting" of two representatives from
each of the MOA signatory agencies (USFWS, FGFWFC, FDCA, COUNTY, and FDOT) and
two citizen representatives designated by the COUNTY, was established for purposes of
assisting the Contracting Agency (FDOT) in selection of an experienced professional
consulting fIrm to prepare the HCP and associated documents, hereinafter referred to as the
"PROJECT"; and
WHEREAS, the FDCA, COUNTY, and FDOT (HCP Co-Applicant Agencies) agree
in this MOA to proportionally share the funding of the PROJECT, in an amount not to exceed
$100,000 per agency; and
WHEREAS, the MOA was signed by the COUNTY by unanimous vote on September
9, 1998; and
WHEREAS, the FDCA, COUNTY, and FDOT have determined that it would be in the
best interest of the general public and to the economic advantage of all three parties to enter
into this JOINT PARTICIPATION AGREEMENT to facilitate implementation of the project.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations herein, it is agreed by these parties as follows:
1.00 PURPOSE OF AGREEMENT:
The purpose of the agreement is for the FDCA and the COUNTY to provide funding
to the FDOT for PROJECT consultant services. All of the consultant services for
the PROJECT will be completed in accordance with the attached Scope of Services. ./
2.00 PROJECT COSTS:
The total estimated cost of said PROJECT is $300,000, for which the FDCA,
COUNTY, and FDOT shall participate equally in the amo':!nt of $100,000 per agency.
3.00 FDOT PARTICIPATION:
The FDOT agrees to contribute funding for the PROJECT, outlined in the attached
Scope of Services, as a one-time lump sum amount of $100,000.
2
4.00 AGENCY RESPONSmILITIES:
4.10 The FDOT's District Six Office will be the Contracting Agency for the PROJECT, and
will be responsible for consultant selection, contract administration, consultant
evaluation, and other related activities. The FDOT's "Acquisition of Professional
Services" procedure will be utilized in the selection of a professional consulting firm
for the PROJECT.
4.20 The Contracting Agency will be responsible for making all payments to the
consultant for the PROJECT, according to the attached Scope of Services. The HCP /'
Coordinating Committee will assist the Contracting Agency, in determining approval of
PROJECT status reporting prior to payment.
4.30 The RCP Coordinating Committee shall ensure that the burden of the workload
associated with PROJECT management is not placed solely on anyone agency.
Disputes concerning this Agreement shall be handled through arbitration.
4.40 There shall be a continual full staff effort by all agencies participating on the HCP
Coordinating Committee. If a Committee member can no longer serve, the agency
shall appoint an interim member until a new permanent member can be appointed.
4.50 Prior to the approval and joint submittal of the HCP and Incidental Take permit
application by the HCP Co-Applicant Agencies to the USFWS, decisions and specific
details regarding funding of various mitigatory measures identified in the HCP may be
incorporated in the Implementing Agreement. These funding decisions will be
separate from the terms of this Joint Participation Agreement.
5.00 ACCOUNTING RECORDS:
5.10 The PROJECT Account shall be made available upon request by the FDCA or
COUNTY at any time during the period of the Agreement and for five (5) years
thereafter.
3
5.20 All costs charged to the PROJECT shall be supported by properly executed payroll,
time records, invoices, contracts, or vouchers evidencing in detail the nature and
propriety of the charges.
6.00 THE FDOT FURTHER AGREES:
A. To maintain books, records, documents and other evidence according to generally
accepted governmental accounting principles, procedures, and practices which
sufficiently and properly reflect all costs of any nature incurred by the FDOT in the
performance of this Agreement as outlined in the attached Scope of Services, and to /
retain said books, records, documents, and other evidence for a period of five years
after termination of this Agreement.
B The aforesaid records, books, and documents and other evidence shall be subject at
all times to public access and inspection, review or audit by an independent Auditor
State personnel of the Office of Auditor General, Office of Comptroller and other State
or County personnel authorized by the FDCA or COUNTY. Upon each anniversary of
this Agreement, an independent audit shall be performed of all receipts and
disbursements.
-
C. To include standard FDOT audit and record keeping requirements in contracts and
subcontracts thereto entered into by the FDOT with any party for work required in the
performance of this Agreement.
D. To provide the FDCA and COUNTY upon termination of this Agreement with a
certification to the FDCA and COUNTY that the PROJECT has been completed in
compliance with the terms and conditions of this Agreement, and a report which shall
specify not only the total direct PROJECT costs paid from' funds made available by the
FDCA and COUNTY pursuant to this Agreement, but also the balance of any
unexpended PROJECT funds.
E. Upon termination or expiration of this Agreement in any manner, any funds made
available by the FDCA and COUNTY pursuant to this Agreement that remain
4
unexpended at that time shall be returned to the FDCA and COUNTY. Any surplus_
money shall be returned in proportion to the contributions made by the participating
parties.
7.00 REQillSITION AND PAYMENTS:
7.10 The FDCA and COUNTY each agree to furnish, within twenty-five (25) days of
becoming budgeted and available for disbursement, an advance lump sum deposit in the
amount of $100,000.00 to FDOT, for full payment of the estimated PROJECT cost for
Financial Management Number 40580612201 (Contract Number 00605).
7.20 The payment of funds under this Agreement will be made dir~ctly to the FDOT
for deposit into the State Transportation Trust Fund.
8.00 TERM OF CONTRACT:
Unless terminated earlier, the term of this Agreement shall commence on the date
inscribed above and shall continue until completion of the PROJECT as described in
the attached Scope of Services. In such case, the term of this Agreement shall continue
until completion of the PROJECT in a timely fashion.
9.00 THE FDCA, COUNTY, AND FDOT FURTHER AGREE:
a) This Agreement may be modified upon the written mutual consent of the parties.
b) This Agreement is executed in triplicate originals.
10.00 By execution hereof, the parties covenant that the provisions of this Agreement have
been duly approved and signatories hereto are duly authorized.
IN WITNESS WHEREOF, the parties hereto have caused their hands and seals to be set to
this Agreement the day and year first above written by their respective officials duly
authorized.
5
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
By: Date:
Steven M. Seibert, Secretary
Florida Department of Community Affairs, Tallahassee, Florida
ATTEST:
Legal Review:
Date:
COUNTY OF MONROE
By:
Shirley Freeman, Mayor
County of Monroe, State of Florida
Date:
ATTEST:
Date:
Legal Review:
· . ~ . 2eeJt)
"',.
FLORIDA DEP
NT OF TRANSPORTATION
By: Date:
Jose Abreu, P.E., Secretary
Florida Department of Transportation, District Six, Miami, Florida
ATTEST:
Legal Review:
Date:
6
EXISTING
JOINT P ARTICIP A TION AGREEMENT
L'E.F- i :_t;- _Clf"lf':l rlt="F -IF:::, r S.,.; ; .:,:_,.1_.: :' ':':':",1.:'
'_:1: -: _ _ 1 '.:j'.:I:: a . _
JOL~"T PARTICIPATION AGREEl\1ENT
BETIVEEN
FLORIDA DEPARTl\1ENT OF COI\L\ruNITY AFFAIRS~
2555 Shumard Oak Boule,,'ard
Tallahassee, Florida 32399
l\IO~"ROE COL'1'TY,
2798 Overseas Highway
l\larathon, Florida 33050
and
FLORIDA DEPARTl\IENT OF TR..\.. ~SPORT A TION
1000 N\V tIlth Avenue, Room 6101
l\1iami, Florida 33172
HABIT AT CONSERVATION PLAN ON BIG PTh~ A.1tID NO NAl\IE KEYS,
:MONROE COUNTY, FLORIDA
Thi; Agreement, entered into this l~bI day of Jl1,A-V 1999. by and between the
Florida Department of Conununity Affairs. hereinafter referred to as the FDCA, Monroe
County. hereinafter referred to as the COUNTY, and the Florida Department of
Transportation, hereInafter referred to as the fDOT.
'VIT~""ESSETH:
\VHEREAS. on October 26, 1998, the U.S. Fish and Wildlife Service, hereinafter
referred to as the USFWS, Florida Game and Fresh Water Fish Commission. hereinafter
referred to as the FGF\VFC, the FDCA, the COUNTY, and the FDOT entered into a
Memorandum of Agreement (:\olOA) for the development of a Habitat Conservation Plan
CHep) for Big Pine and No Name Keys; and
1,.'c.r: Ui ._:_1;"11''-: Mi:-lr:.,:) :-3/.:.-:\::,)..;...:::'.::.I..J,:'
i_":. -: _ _ .. '.:1 .:' ',:" . .' I :....:1
i. '_'_
WHEREAS, an HCP Coordinating Committee, consisting of two representatives from
each of the MOA signatory agencies (USFWS, FGFWFC, FDCA, COUKTY, and FDOT) and
two citizen representatives designated by the COUNTY. was esublished for purposes of
assisting the Contracting Agency (FDOT) in selection of an experienced professional
consulting firm to prepare the HCP and associated documents. hereinafter referred to as the
... PROJECT " ; and
\VHEREAS, the FDCA. COUNTY, and FDOT (Rep Co-Applicant Agencies) agree
in this ?vIOA to proponionally sh..'U'e the funding of the PROJECT. in an amount not to exceed
S100,000 per agency; and
'\VHEREAS, the MOA \vas signed by t..~e CO"C'NTY by unanimous vote on September
9, 1998; and
""IIEREAS, the FDCA, COUNTY, and FDOT have determined that it would be in the
best interest of the general public and to the economic advantage of all three parties [0 enter
into this JOINT P.-\RTICIPATION AGREEMENT to facilitate implementation of the project.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations herein, it is agreed by these panies as follows:
1.00 PURPOSE OF AGREEl\:IE:'IT:
The purpose of the agreement is for the FDCA and the COUNTY to provide funding
to the FDOT for PROJECT consultant services. All of the consultant services for
the PROJECT will be completed in accordance with the attached Scope of Services.
2.00 PROJECT COSTS:
The total estimated cost of said PROJECT is 5300,000, for which the FDCA.
COUNTY, and FDOT shall panicipate equally in the amount of $100,000 per agency.
3.00 FDOT PARTICIPATION:
The FDOT agrees to contribute funding for the PROJECT. outlined in the attached
Scope of Services. as a one-time lump sum amount of $100,000.
..,
....
L c.r \ I_Ii. _ ,-i('W'l
H.. - .I.",:,
- - ~
i :;',"', . '.:': \. _..: .: .'.' .':':
;_'.1_ .
;::-
_ _ ~ ;' :' .:: -
. .-
-
4.00 AGENCY RESPONSIBILITIES:
4.10 The FDOT's District Six Office will be the Contracting Agency for Ll-].e PROJECT. and
will be responsible for consultant selection, contract administration, consultant
evaluation. and other related activities. The FDOT's "Acquisition of Professional
Services" procedure will be utilized in the selection of a professional consulting firm
for the PROJECT.
4.20 The Contracting Agency will be responsible for making all payments to the
consultant for the PROJECT, according to the attached Scope of Services. The HCP
Coordinating Committee will assist the Contracting Agency, in determining appro\'ai of
PROJECT status reporting prior to payment.
4.30 The HCP Coordinating Committee shall ensure that the burden of the workload
associated with PROJECT management is not placed solely on anyone agency.
Disputes concerning this Agreement shall be handled through arbitration.
4.40 There shall be a continual full staff effort by all agencies participating on the HCP
Coordinating Committee.. If a Committee member can no longer serve, the agency
shall appoint an interim member until a new permanent member can be appointed.
4.50 Prior to the approval and joint submittal of the HCP and Incidental Take permit
application by the HCP Co-Applicant Agencies to the USFWS, decisions and specific
details regarding funding of various mitigator)' measures identified in the HCP may be
incorporated in the Implementing Agreement. These funding decisions will be
separate from the terms of this Joint Participation Agreement.
5.00 ACCOUNTING RECORDS:
5.10 The PROJECT Account shall be made available upon request by the FDCA or
COUNTY at any time during the period of the Agreement and for tive (5) years
thereafter.
3
l. Coi' '_Ii
__l_i;"ii"i Hr t- ~.ir:..:,
r ~ .:. : .:': l...'_.:.:_:<"..,.:
1_11_". __
:c
J. =';:t;' '.' 1.. : .....:'
5.20 All costs charged to the PROJECT shall be supported by properly executed payroll.
time records. invoices, contracts, or vouchers evidencing in detail the nature and
propriety of the charges.
6.00 THE FDOT FURTHER AGREES:
A. To maintain books, records, documents and other evidence according to generally
accepted governmental accounting principles, procedures, and practices which
sufficiently and properly reflect all costs of any nature incurred by the FDOT in the
performance of this Agreement as outlined in the attached Scope of Services, and to
retain said books, records, documents, and other evidence for a period of five years
after termination of this Agreement.
B The aforesaid records~ books. and documents and other evidence shall be subject at
all times to public access and inspection, review or audit by an independent Auditor
State personnel of the Office of Auditor General, Office of Comptroller and other state
or County personnel authorized by the FDCA or COUNTY. Upon each anniversary of
this Agreement, an independent audit shall be performed of all receipts and
disbursements.
C. To include standard FDOT audit and record keeping requirements in contracts and
subcontracts thereto entered into by the FDOT with any party for work required in the
performance of this Agreement,
D. To provide the FDCA and COUNTY upon termination of this Agreement with a
certification to the FDCA and COUNTY that the PROJECT has been completed in
compliance with the terms and conditions of this Agreement, and a report which shall
specify not only the total direct PROJECT costs paid from funds made available by the
FDCA and COUNTY pursuant to this Agreement~ but also the balance of any
unexpended PROJECT funds.
E. Upon termination or expiration of this Agreement in any manner 1 any funds made
available by the FDeA and COUNTY pursuant to this Agreement that remain
4
L'c:.r I (_lr_~li 'W.! hr r !"'ilr..;) r"' :'I.'. . ,':):1,,,,1_,:,: __:":"..!.:'
I II _ _ .l '.:i'.:'.:' I., 1 . _,,~,
unexpended at that time shall be returned to the FDCA and COUNTY. Any surplus..
money shall be returned in proportion to the contributions made by the participating
parties.
7.00 REQUISITION A.'1D P A '\'J\.IEl\'TS:
The FDCA and COUNTY each agree to furnish, withm .-five (25) calendar days_
of the execution of this Agreement, an advance lump sum deposit e amount of
$100,000 to FDOT, for full payment of the estimated PROJECT cost fo
Management Number 40580612201 (Contract Number 00605).
7.20 The payment - ue directly to the FDOT
for deposit into the State Transportation Trust Fund.
8.00 TER1\-f OF CONTRACT:
Unless terminated earlier, the term of this Agreement shall conunence on the date
inscribed above and shall continue until completion of the PROJECT as described in
the attached Scope of Services. In such case, the term of this Agreement shall continue
until completion of the PROJECT in a timely fashion.
9.00 THE FDCA, COUNTY, AND FDOT FURTHER AGREE:
a) This Agreement may be modified upon the written mutual consent of the parties.
b) This Agreement is executed in triplicate originals.
10.00 By execution hereof. the parties covenant that the provisions of this Agreement have
been duly approved and signatories hereto are duly authoriZea.
IN '''ITh''ESS '''HEREOF, the parties hereto have caused their hands and seals to be set to
'this Agreement the day and year first above written by their respective officials duly
authorized.
5
[E~i CiF :::If''1[''1 HFF":; IF:>
r 3/
- -- ~ - - --- .-, .-
: ::;:.1)':";:_ .:. ..:<.1.)::
_ _ 1 '.:".:. ::
.' . ~
.' I . '_".'
-
. -.
FLORIDA DEPART1\-IEL'f"T OF CO:\L."lL"NlTY AFFAIRS
By:
Date:
Steven M. Seibert. Secret..uy
Florida Department of Community Affairs. Tallahassee. Florida
ATTEST:
Legal Review':
Date:
COUNTY OF MONROE
- .-~
~b'):...~ r -"--
By:
Wilhelmina Harvey, ~1ayor
County of Monroe, State of Florida
"-"~:.~i~ 5/1.5/"1-"1
'~~';;;:-'\''''' .i~''-'" ,~._
:'j':'-'~." ~" '"
:-0:- ~" \....-:" .i::.~ ~l
..... -'~.. ,'.
.~-'-,~.'- ,/
.....~. "-'-' .
T.~ . ._". ....-".'
.' l.-::~~~ ~...' ./
" ~ ,/T.
ATTEST:
fSE.AL)
Arn:~ C~"'I !..l':~:"p":-: ~~;:~
Bf ~n-a. ~~
' . I ~ ,
........-l. ~ , __. .I~
.~.
Legal ReView:~~
(
Date: S - :z '7- 9'9
FLORIDA DEP ARThIENT OF TR...\..1\lSPORTA TION
By:
Date:
Jose Abreu, P.E., Secretary
Florida Department of Transportation. District Six. Miami. Florida
ATTEST:
Legal Review:
Date:
6
MOJ'ij'"ROE COUNTY BOARD OF COUNTY COM1\USSIONERS
I . . n.. _ I _ ,,-1- CONTRACT SUMMARY
'-KuttT~~~ Contract #
Contract with: '[)jTJ- ~. DetAr Effective Date:_I_I_
. . Expiration Date: I I
CO!'lract PwposelDescription:~A i/?" ~ tir~~ -b-
UACUC~ ~ MM-~ (j CMJ D:.-A ~cJ..t,
[)::5r ~ 0./ . 'IE tOOK ~ /Yvr ~ ~ ~ iA(" UY\SvJL~
6p~t:L~,~~~' ~ ~ O--~
Contract Manager: KUvl ~^
e)
r2U1~
d-sao
(Ext. )
f1~
(De ent)
for BOCC meeting on C7 .1/f.1J I 9-000
Agenda Deadline: _I
I
Total Dollar Value of Contract: $
Budgeted? Yes~No '
Grant: $ ,
County Match: $
CONTRACT COSTS
!{)()JIY"YJ Current Year Portion: $ (Df1 CoO
Account Codes: ,t/8 - 'S"!OCc; - -:-) 3-( - 3'10 -
ADDmONAL COSTS
Estimated Ongoing Costs: $ rp.. Iyr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial. salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Yes No
Division Director L/ 7 / {( ) ( ~
I.e; q'l
Risk Management _ _ _ ( )~
Date Out
J...i!...J'i1
1/>~~i'7
---
..L. QJ;?%;!D( )
r-:' . 7" tZ -t
( ~,~t.(/'-- IL C^---
/
iJ ~(U#-(,dlev.
. Ich./D
~~-
~\ O.M.B./Purchasing L/iJi:i- ( )
County Attorney
IJ~ @;PO
Comments :-".;J-5:f,'Y i1tl.l..~:( Jt-v/(~ t!r..'i, /-I~;;t;(
r '
.J ~\ ---.., -, ~ . rOO -4-' '"' (' L f
; \ ,'V' - '-,-~ -~'_.c,-\ . ~c...("-">-'~ '-- +---<-,........--.. C.-,...--~ .c;(......'-\~
l ~ -- Seb \ ~-:-c,'--'\ SLU \j ~:
c.;- L - "Z. c,-c { "1-00 ).<;- 0 t:......, ,;!fSC.'LI i C> c.:: Q C S L-
"'l:f' I . c" i
c.......... _7'..IC'. C' ~ c. c. -, J--
~- ()C
rccC
1--
OMB Form Revised 8/30/95 MCP n