Item B20
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 20, 2000
Bulk Item: Yes X No
Division:
Department:
Growth Management
Planning
AGENDA ITEM WORDING: Approval of attaching "Exhibit A" to the Joint Participation Agreement
between Monroe County, the Florida Department of Community Affairs (DCA) and the Florida Department of
Transportation (DOT).
ITEM BACKGROUND: Exhibit A is the scope of work for the Habitat Conservation Plan that is between
DOT (the contracting agency) and the consulting firm Dames and Moore. The exhibit was inadvertently left out
of the agenda item package regarding the approval of the JP A. Both the JP A and the Exhibit A are included in
this package.
PREVIOUS RELEVANT BOARD ACTION: Approval of the JPA.
STAFF RECOMMENDATION: Approval.
TOTAL COST: N/A
COST TO COUNTY: N/A
AMOUNT PER MONTH N/A
APPROVED BY: County Attorney X
BUDGETED: Yes
NO
PER YEAR
OMB/Purchasing N/A
Risk Management N/ A
DEPARTMENT DIRECTOR APPROVAL:
f Plannimg
DIVISION DIRECTOR APPROVAL:
Tim
DOCUMENTATION: Included X
Not required
DISPOSITION:
Agenda Item #:
Agenda Template.doc
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 11lth Avenue, Room 6101
Miami, Florida 33172
HABITAT CONSERVATION PLAN ON BIG PINE AND NO NAME KEYS,
MONROE COUNTY, FLORIDA
This Agreement, entered into this 2,()d, day ofi 2000, by and between the
/'
Florida Department of Community Affairs, hereinafter erred 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 FDOT entered into a
Memorandum of Agreement (MOA) for the development of a Habitat Conservation Plan
(Hep) 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 (FOOT) 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.
j
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 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.
2
4.00 AGENCY RESPONSffiILITIES:
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 FOOT'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 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 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 shan be returned to the FDCA and COUNTY. Any surplu~
money shan be returned in proportion to the contributions made by the participating
parties.
7.00 REQUlSmON 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 directly 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
By:
Steven
Florida
Date:
J - Iff ' [)O
ATTEST:
Legal Review: .D~ IzJ ~
Date: ~/;j/d 0
COUNTY OF MONROE
By,: c;L.. ~~~
Shirley Free\nan. M yor .
County of Monroe, State of Florida
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ATTEST:
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Date:':\. 0 I - ~.O - 00
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Date:
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Legal Review:
FLORIDA DEPARTMENT OF TRANSPORTATION
Date:
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ransportation, District Six, Miami, Florida .
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ATTEST:
Legal Rev~w:(~r: ~are: q Je10 {):J
6
SCOPE OF SERVICES
MONROE COUNTY
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (FDCA)
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
REGIONAL
HABITAT CONSERVATION PLANINEP A DOCUMENT
FOR THE FEDERALLY ENDANGERED KEY DEER
(Odocoileus virginianus clavium)
AND OTHER COVERED SPECIES
EXHIBIT "A"
Financial Management Number: 40580612201
Prepared by: Barbara Culhane, Catherine Owen
Date: June 4, 1999
Stage In Draft
June 4, 1999
SCOPE OF SERVICES FOR CONSULTING ENVIRONMENTAL SERVICES
REGIONAL HABITAT CONSERVATION PLAN/NEP A DOCUMENT
FOR THE FEDERALLY ENDANGERED KEY DEER (Odocoileus virginianus c1avium)
AND OTHER COVERED SPECIES
This Exhibit forms an integral part of the agreement between the State of Florida Department of
Transportation (FDOT), hereinafter referred to as the DEPARTMENT and Dames and Moore,
hereinafter referred to as the CONSULTANT, relative to the Regional Habitat Conservation
Plan/NEP A Document for the Federally Endangered Key Deer (Odocoileus virginianus c1avium)
and other covered species.
Regional Habitat Conservation Plan/NEP A Document
for the Federally Endangered Key Deer
(Odocoileus virginianus c1avium)
and Other Covered Species
Financial Management No.: 40580612201
Stage In Draft
June 4, 1999
TABLE OF CONTENTS
PAGE
SECTION I. PURPOSE ........................................................ 1
SECTION II. STUDY OBJECTIVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
SECTION III. PUBLIC INVOLVEMENT .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
SECTION IV. HCP COORDINATING COMMITTEE ............................... 8
SECTION V. ENVIRONMENTAL DATA COLLECTION........................... 9
SECTION VI. DATA ANALYSIS. . . .. .. . . . . . . . . . .. . . . . . . . .. . .. . . . . . . . . . .. . . . . .. 12
SECTION VII. DEVELOPMENT OF REGIONAL HABITAT CONSERVATION PLANI
NEP A DOCUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
SECTION VIII. IMPLEMENTING AGREEMENT (IA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
SECTION IX. INTERAGENCY COORDINATION ................................ 16
SECTIONX. NEPADOCUMENTATION ........................................17
SECTION XI. INCIDENTAL TAKE PERMIT (ITP) APPLICATION.................. 18
SECTION XII. PREPARATION AND DISTRIBUTION OF FINAL REPORT AND ITP . . .18
SECTION XIII. ITP COMPLIANCE ACTIVITIES ................................. 18
SECTION XIV. STUDY REQUIREMENTS AND PROVISIONS FOR WORK
. . . . . . . .... . . .... ..... . .. . . . . . . . . . . . . . . .. . .. .. ... . ... . . . . . . . . .. . . .. ..19
SECTION XV. METHOD OF COMPENSATION.................................. 22
SECTION XVI. SERVICES TO BE PERFORMED BY THE DEPARTMENT ...........22
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June 4, 1999
SCOPE OF SERVICES FOR:
REGIONAL HABITAT CONSERVATION PLAN/NEP A DOCUMENT
FOR THE FEDERALLY ENDANGERED KEY DEER
(Odocoileus virginian us c1avium) AND OTHER COVERED SPECIES
SECTION I. PURPOSE
As referenced by the attached Memorandum of Agreement (MOA) by and between the U.S. Fish and
Wildlife Service (USFWS), Florida Game and Freshwater Fish Commission (FGFWFC), Florida
Department of Community Affairs (FDCA), Monroe County, and the Florida Department of
Transportation (FDOT), the agencies listed have entered into an agreement to define relationships
and cooperative agreements to work together in the development of a Habitat Conservation Plan
(HCP) for the Key deer and other covered species on Big Pine and No Name Keys, Monroe County,
Florida.
The purpose of this Exhibit is to describe the scope of work and the responsibilities of the
CONSUL T ANT in connection with the preparation, coordination, and processing of an application
for an Incidental Take Permit (ITP) and a Regional HCP. This effort includes the preparation of all
environmental studies necessary to support and obtain USFWS approval of the ITP and the HCP for
the Federally Endangered Key deer (Odocoileus virginianus c1avium) and other covered species. The
HCP CO-APPLICANT AGENCIES to the USFWS are the FDCA, Monroe County, and the FDOT.
The CONSULTANT shall perform those services as required for completion of a statutorily
complete and acceptable HCP as outlined in the USFWS' regulations, including consideration of
all social, physical, natural, and cultural effects and mitigation as required by the USFWS, and
concurred on by the FGFWFC, along with the required environmental documents and public
involvement process.
The CONSULTANT will coordinate with the HCP COORDINATING COMMITTEE during the
development and approval of the HCP and associated documents. The COORDINATING
COMMITTEE will provide technical reviews of all work associated with the development and
preparation of the HCP, Implementing Agreement (IA), and ITP, and all required environmental and
technical reports in support of the HCP. The DEPARTMENT, as the Contracting Agency, will
provide contract administration and related management services.
SECTION II. STUDY OBJECTIVE
A. General Objectives:
The General Objective of the study is to prepare, coordinate, and process an application for an ITP
and a Regional HCPlNational Environmental Policy Act (NEPA) Document for the Federally
Endangered Key deer (Odocoileus virginianus clavium) and other covered species. This objective
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includes the preparation of all necessary environmental studies to support and obtain USFWS
approval ofthe ITP, lA, and the HCP.
The ITP process and the HCP process which includes the lA, is defined in the November 1996
edition (or latest edition) of the USFWSlNational Marine Fisheries Service (NMFS) Habitat
Conservation Planning Handbook. The handbook incorporates the requirements of the ITP, lA, and
HCP process which includes the Endangered Species Act (ESA), executive orders, and applicable
Federal and State regulations.
The Department of Interior's National Environmental Policy Act (NEPA) Manual incorporates the
requirements of the NEPA process which includes Federal law, executive orders, and applicable
Federal and State regulations. The documentation prepared by the CONSULTANT shall therefore
be in compliance with all applicable State and Federal laws, executive orders, and regulations.
Sections III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, and XIV of the Scope of Services establish
which items of work described in the NEP A Manual and the Habitat Conservation Planning
Handbook are specifically included in this contract, and also which items are to be the responsibility
of the CONSULTANT or the DEPARTMENT.
B. Specific Proiect Obiectives:
The CONSULTANT is to prepare a Regional HCP, and other associated documents, for the Key deer
and other covered species. The study area includes Big Pine and No Name Keys. The purpose of this
study is to ensure the conservation of the Key deer, other covered species, and their habitat on Big
Pine and No Name Keys, and to provide for the continued economic growth and development and
a healthy economic environment for the citizens and businesses of Big Pine and No Name Keys.
Included in the above-referenced process will be data and information collection, synthesis, and
compilation on topics that include, but are not limited to, the following: social; economic; land use;
natural, physical and cultural resources; and public infrastructure.
Included in the study will be the consideration of the transportation element of the existing land use
plans, and the analysis of the additional needs for transportation capacity improvements.
Included in the study will be a description of all activities, if any, in the study area likely to result in
an incidental take of the covered species.
Included in the study will be identification ofthe project impacts. This would include quantification
of anticipated incidental take level for the covered species resulting from each proposed activity in
the study area, addressing the potential effects to the Key deer and other covered species, addressing
direct and indirect effects on critical habitat, addressing indirect effects on covered species,
addressing cumulative effects on covered species, and assisting the USFWS in satisfying the
requirements of the Section 7 process.
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Included in the study will be identifying and compiling information on activities beneficial to the
Key deer and other covered species, including but not limited to wildlife crossings, domestic animal
control, and other appropriate activities.
Included in the study will be the establishment of an Operating Conservation Program. The
Operating Conservation Program will include the establishment of Biological Goals and Objectives
for each covered species. The Operating Conservation Program will also include, but not be limited
to, the identification of appropriate and feasible avoidance, minimization, and mitigation actions
potentially available.
Included in the study will be the development of a satisfactory Funding Plan, which identifies the
methods by which the activities and actions approved through the ITP and/or IA will be implemented
and/or monitored over the life of the ITP and/or IA.
Included in the study will be the development of the HCP Monitoring Plan which identifies the
method by which the IA and associated activities will be monitored over the life of the ITP.
Included in the study will be the development of the lA, with the COORDINATING COMMITTEE
taking the lead role in the preparation of the IA.
Included in the study will be the preparation and coordination of the Draft Regional HCPINEP A
Document.
Included in the study will be the preparation and coordination of the ITP Application.
Included in the study will be the development and coordination of the ITP/HCP Compliance
activities to include a Monitoring Report.
Included in the study will be establishment methods and protocols on how the HCP and/or IA will
identify and address "Unforeseen Circumstances" and "Changed Circumstances" as they are defined
by the final USFWS' HCP Assurances (No Surprises) regulations.
Included in the study will be the incorporation and identification of appropriate "Adaptive
Management" provisions as discussed in the final USFWS' HCP Assurances (No Surprises)
regulations.
SECTION III. PUBLIC INVOLVEMENT
A. Prepare a Public Involvement Plan (PIP)
The PIP shall include multiple public workshops and meetings with a minimum of one
workshop at each identified phase of the HCP process. The PIP shall also include one
public hearing which satisfies the requirements of the NEP A. The PIP shall consider all
types of media and/or public involvement techniques and requirements, in determining the
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proper sequence and appropriate level of public involvement at each phase of the HCP
process.
Public involvement is an important aspect of the HCP process. Public involvement includes
communicating and interacting with all interested people, groups, government and private
organizations regarding information about the development of the HCP. This communication and
interaction is accomplished through various meetings, publications, and media releases. The focus
of these activities is to develop a cooperative working relationship between the public, the various
state, federal, and local agencies, and the DEPARTMENT and to identify the public issues, needs
and concerns.
Within one month of the NTP, the CONSULTANT shall provide a schedule and quantity estimate
for any Departmentally supplied public involvement items; for items such as publishing, printing,
duplication, mail services, equipment rental, court recorders and transcribers. The CONSULTANT
shall coordinate and perform the appropriate level of public involvement for this process as outlined
in the following sections.
1. PUBLIC INVOLVEMENT PROGRAM:
The CONSULTANT shall develop a proactive Public Involvement Program for this study. The
CONSULTANT's Public Involvement Program shall be specifically detailed in a Public
Involvement Plan (PIP) for the project.
The PIP documents how the cooperative relationship will be developed during the project's duration.
The plan shall include: the project's purpose and background; history of previous public involvement
efforts, issues identified and assumed; strategies on resolving difficult issues; an action plan on how
information will be conveyed to and collected from the public; a schedule of key elements;
description of collateral materials to be produced; and a mailing list. The PIP usually requires
updating during the HCP process.
All creative efforts by all CONSULTANTS are owned by the DEPARTMENT. Copyrights are the
property of the DEPARTMENT.
2. PUBLIC INVOLVEMENT DATA:
The collection of public input occurs throughout the life of the project and requires maintaining of
files, newspaper clippings, letters, and especially direct contacts before, during and after any of the
public meetings/hearings. Daily review of local newspapers and collection of news articles is
required.
In addition to collecting public input data, the CONSULTANT shall assist the DEPARTMENT in
preparation of responses to any public comments as a result of the public involvement process.
The CONSULTANT is to collect and maintain a current mailing list and provide it to the
DEPARTMENT on a diskette, which includes the following data:
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Area property owners list: Provide marked maps of the project area showing the
areas where the DEPARTMENT will identify the tax ID numbers. The
CONSULTANT shall use these tax ID numbers to obtain owner and tenant, names
and addresses for these properties from current county tax rolls.
Elected and appointed officials in or with jurisdiction in the project area (i.e., local,
state, federal officials) and community leaders should be identified and placed on the
mailing list.
Possible permit and review agencies should be identified and placed on the mailing
list of officials and interested parties.
Media in the project area should be identified and placed on a mailing list to be used
for news releases or advertisements. The DEPARTMENT will issue any releases.
The mailing list shall also include any person or institution expressing an interest in
the project.
3. PUBLIC MEETINGS AND WORKSHOPS:
The CONSULTANT shall investigate potential meeting sites, advise the DEPARTMENTIUSFWS
on their suitability, and provide all support necessary for the DEP ARTMENTIUSFWS to hold a
minimum of ~ meetings. This support includes:
- Contact participants, organize and schedule meetings, reserve meeting sites.
- Prepare and distribute notification letters.
- Provide agenda and sign in sheets.
- Record, write, and distribute minutes, draft within 48 hours, final within 7 days.
- Prepare graphics for presentations.
- Perform oral presentations.
- Meeting equipment set-up and tear-down.
- News releases, provided to the DEPARTMENT for inclusion in the weekly news release.
- Slides, music, scripts and narration for recorded presentations.
As the public involvement process proceeds, the COORDINATING COMMITTEE will determine
if a facilitator is required.
4. PUBLIC HEARING (USFWS Hearing):
The CONSULTANT shall provide all support necessary for the DEP ARTMENTIUSFWS to hold
~ Public Hearing.
The CONSUL T ANT shall provide all the support services listed above, and in addition shall prepare
or provide the following:
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- Property owner letters. The CONSULTANT will prepare the letters, insert them in
envelopes, address the envelopes and deliver to the postal facility.
- Provide a script for a formal tape recorded presentation, including synchronization with
35 mm color slides.
- Displays of plans and report(s) for display to the public for 35 days prior to the hearing at
multiple public locations.
- Brochures, handouts, comment cards, staff name tags, and other miscellaneous items.
- Draft public advertisements. The CONSULTANT will also assist the DEP AR TMENT in
preparation of a legal or display advertisement for HCP approval notification.
- Assist the DEPARTMENT in preparation of responses to comments.
- Prepare a public hearing transcript document with the following suggested outline:
o Table of Contents
o Hearing Certification
o Summary of Public Hearing (draft within 48 hours of hearing)
o List of Speakers with paraphrased comment.
o Correspondence Received
o Responses to Comments
o Public Hearing Transcript
o Attendance Sheet
o Documentation of Legal Notice
The DEPARTMENT will moderate the formal portion of the hearing and procure a court recorder
and a verbatim transcript of the Public Hearing. The DEPARTMENT will write and procure legal
advertisements, pay for meeting sites and insurance.
The DEPARTMENT will procure a verbatim transcript of the Public Hearing. The CONSULTANT
will combine the transcript with any letters received by the DEPARTMENT as part of the public
hearing record, and affidavits of publication of legal ads, and will reproduce ten (10) copies of the
transcript for the DEPARTMENT'S use.
5. NEWSLETIERS AND FLYERS: (Optional Service)
The CONSULT ANT shall prepare -L editions of a multicolor newsletter and duplicate.
Distribution shall be through the project mailing list and delivered to various locations as
appropriate. A list of the distribution locations and number of copies shall be prepared by the
CONSULTANT. It is anticipated that 5.000 copies of each newsletter are required.
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6. VIDEO: (Optional Service)
The CONSULTANT shall provide a complete video in VHS format, and also in television broadcast
quality & BETA format. Multiple copies are required; a minimum of ten (10) copies are anticipated.
A master copy capable of being reproduced shall be provided to the DEPARTMENT. At the
initiation of the video production process, the CONSULTANT shall prepare an outline of key
elements for the video. The first meeting will develop the character and review the key elements to
be included in the video.
The CONSUL T ANT shall prepare the script and story board and submit it for review and approval
by the DEPARTMENT. The story board should be a listing of the narration, and a visual scene and
music tone/style.
All raw video footage shall be delivered to the DEPARTMENT's Public Involvement's Office
upon completion of the video, if prepared. All video or slide presentations shall be the property of
the DEPARTMENT and shall not contain the copyright of the CONSULTANT. Any electronic files
utilized by the CONSULTANT shall be provided to the DEPARTMENT.
7. MEETINGS WITH PUBLIC INFORMATION OFFICE:
The DEPARTMENT's Project Manager shall attend the monthly Public Information Office update
meetings for the duration of the HCP process.
8. CONTACTS WITH ELECTED PUBLIC OFFICIALS:
The CONSULTANT is not to initiate contact with elected officials. If contacted, the
CONSULTANT shall coordinate with the DEPARTMENT'S Project Manager. The elected official
liaison for State elected officials is the Director of Administration/Legislative Coordinator; and the
liaison for local elected officials is the Director of Planning and Programs.
Information to be transmitted to Public Officials may be included in the PIO monthly mail out to
elected/community officials.
9. DISTRIBUTION OF PUBLIC INVOLVEMENT PRODUCTS:
Duplicating, filling envelopes, labeling, and distribution shall be the responsibility of the
CONSUL T ANT. The CONSULTANT shall pay postage, except for the Public Hearing.
10. TELEPHONE SERVICES: (Optional Service)
The DEP AR TMENT's Project Manager shall provide project telephone numbers, answer calls, and
document callers' comments. At the DEPARTMENT'S option, the CONSULTANT'S telephone
number may be linked to the DEPARTMENT'S "800" number.
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11. INTERNET SITES: (Optional Service)
The CONSULTANT shall assist the DEPARTMENT in the development of project-related Internet
information pages. This information shall be publicly accessible via the DEPARTMENT'S Internet
site. The CONSULTANT shall ensure that the DEPARTMENT maintains current information for
the Internet site.
12. TRAVELER INFORMATION RADIO NETWORK (TIRN): (Optional Service)
The CONSULTANT shall provide project related information for inclusion on the
DEPARTMENT'S Travelers Information Radio Network.
13. SPECIAL PUBLIC INVOLVEMENT REQUIREMENTS:
The CONSUL T ANT shall attend any special public involvement requirements such as coordination
with specific groups including the HCP COORDINATING COMMITTEE. A minimum of ~
meetings are anticipated.
14. FEDERAL REGISTER NOTICE:
A. Notice of Receipt ofIncidental Take Permit Application Packaie:
To be prepared by the USFWS.
B. Notice of Receipt of Approval of Reiional Habitat Conservation Plan:
To be prepared by the USFWS.
SECTION IV. HCP COORDINATING COMMITTEE
The CONSULTANT will work at the direction of the HCP COORDINATING COMMITTEE. The
COORDINATING COMMITTEE will direct the CONSULTANT through the alternatives analysis
and the interagency coordination processes. The CONSULTANT shall also assist the
COORDINATING COMMITTEE, which shall include but not be limited to:
1. Serve as facilitator for the COORDINATING COMMITTEE.
2. Assist and coordinate in obtaining information for the COORDINATING
COMMITTEE.
The COORDINATING COMMITTEE is comprised of representatives from the
USFWS, FGFWFC, FDCA, Monroe County, FDOT, and two local citizen
representatives.
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SECTION V. ENVIRONMENTAL DATA COLLECTION
The CONSULTANT shall gather all necessary data for Big Pine and No Name Keys, and shall
include other Keys within the known existing range of the Key deer and other covered species.
The CONSULTANT shall also perform the services outlined in this section necessary to assess the
environmental consequences or impacts of the HCP. This effort consists of collecting essential data,
analyzing and comparing proposed HCP alternatives, and documenting environmental impacts and
recommendations. The CONSULTANT shall coordinate and perform the appropriate level of
environmental analysis for the HCP as outlined in the HCP Handbook, the Department oflnterior's
NEP A Manual, and in the following sections herein.
Immediately following the Notice to Proceed, the CONSULTANT shall begin preliminary
assessments of the study area from an environmental standpoint. The environmental analysis will
be performed concurrently with the development of project alternatives.
The CONSULTANT shall develop a Geographic Information System (GIS) database that includes
all existing hydrologic, natural, and physical features. The GIS database information shall be
compatible for use on aerial photography used for public hearing presentations, study area maps, and
alternative plans. The CONSULTANT shall also utilize information from the GIS developed by the
DEPARTMENT to include in the database.
A. SOCIAL AND ECONOMIC IMP ACTS / DATA COLLECTION:
1. LAND USE INFORMATION:
a. The CONSULTANT shall collect data regarding past and present land usage as
well as future land use plans, proposed developments, zoning guidelines, municipal
comprehensive plans, observed growth trends, the rate of growth ordinance (ROGO),
Monroe County Community Capital Improvement Program, the Monroe County
Transportation 2010 Plan, visitor use data, land acquisition data, population data,
recreational/cultural areas, parks, wildlife refuge areas, and a priority list for
acquisition within the study area based on creating wildlife corridors and restoring
habitat.
b. The CONSUL T ANT shall collect data on existing and future land use indicating
as a minimum, residential, commercial, industrial, public, agricultural, and
undeveloped areas within the study area, and actual use and management of these
areas. This includes preparation of land use map(s) in a GIS format showing this
· information.
c. The CONSULTANT shall collect data on active development activity in the study
area, especially preliminary and filed plats which have the potential for dedication
of highway right-of-way. This includes updating information on any plat activity
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every three months.
2. COMMUNITY COHESION. FEATURES. SERVICES:
The CONSUL T ANT shall collect the data necessary to identify the Community
Facilities. This includes all existing cultural features, including political and
school boundaries.
B. CULTURAL IMPACTS /DATA COLLECTION:
1. ARCHAEOLOGICAL AND HISTORICAL FEATURES:
The CONSULTANT shall collect data necessary to completely analyze the impacts
to all cultural resources within the study area. This includes the evaluation of any
lands, cemeteries, buildings, and bridges.
The CONSUL T ANT shall assist the USFWS in compliance with all applicable
federal, state, and local laws and regulations governing archaeological and historical
resources. As part of this process, in coordination with the USFWS, the
DEPARTMENT will consult with the State Historic Preservation Officer (SHPO).
2. VISUAL RESOURCES:
The CONSULTANT shall collect data necessary to analyze the impacts to visual
resources within the study area. This includes a review of physical features
that make up the visible landscape, including land, water, vegetation, and man-made
features (e.g., buildings, roadways, structures).
C. NATURAL IMP ACTS I DATA COLLECTION:
1. HYDROLOGIC AND NATURAL FEATURES:
The CONSULTANT shall collect all the background data necessary to perform an
assessment of the impacts of the RCP, including, but not limited to, the following
areas: historical habitats for the species; wetlands; aquatic preserves; water quality;
Outstanding Florida Waters; coastal zone consistency; farmlands; coastal barrier
resources; floodplains; geology; sea level rise; refuges, parks and wilderness areas;
and natural habitats including pinelands, tropical hardwood hammocks, and beaches.
2. WILDLIFE RESOURCES:
Data collection for the Wildlife and Habitat Section shall include, but not be
limited to, the following areas:
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- Multi-Species Recovery Plans
- Endangered Species Recovery Plans
- Ongoing Vegetation and Exotic Management Programs
- Domestic Animal Control Programs
- On-going Land Acquisition Programs conducted by Monroe County,
State of Florida, USFWS, et al.
- On-going Land Management and Restoration Activities being conducted
by USFWS.
- Monroe County 2010 Land Use Plan
- SR 5/US-l Key DeerIMotorist Conflict Study
- GIS Study for Key Deer Wildlife Crossings on Big Pine Key
- Relevant USFWS Biological Opinions, ESA Consultations, et al.
- Federally Listed Fauna:
1. Key Deer (Odocoileus virginianus clavium)*
2. Lower Keys Marsh Rabbit (Sylvilagus palustris hefneri)*
3. Silver Rice Rat (Oryzomys arientatus)* ,
4. Stock Island Tree Snail (Orthalicus ~~)
5. Eastern Indigo Snake (Drymarchon ~ couperi)
6. Southern Bald Eagle (Haliaeetus leucoc~phalus)
7. Arctic Peregrine Falcon (Falco peregrinus tundrius)
8. Atlantic Green Turtle (Chelonia mydas mydas)
9. Atlantic Loggerhead Turtle (Caretta caretta caretta)
- Federally Listed Flora:
1. Garber's Spurge (Chamaesvce iarberi)
2. Keys Tree Cactus (Cereus robinii)
· Includes compiling GIS data layers of known occurrences and habitat use, and compiling
information on population size and population dynamics, habitat requirements, distribution, and
ecology.
D. PHYSICAL IMPACTS / DATA COLLECTION:
1. NOISE DATA COLLECTION:
The CONSULTANT will collect the data necessary to perform a qualitativ"e analysis of the
noise impacts for the study area. This analysis would include performing some monitoring
for existing noise in the study area, including monitoring for aircraft noise data.
2. AIR QUALITY DATA COLLECTION:
The CONSUL T ANT shall collect the data necessary to perform a qualitative analysis of the
air quality impacts for the study area. This analysis would include performing some air
quality modeling for existing carbon monoxide (CO) levels in the study area.
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E. TRANSPORTATION DATA COLLECTION:
Immediately following the Notice to Proceed, the CONSULTANT shall begin preliminary
assessments of the study area from an engineering standpoint. This task is largely of a data-
gathering nature. This activity consists of collecting various information and materials relative to
a roadway's physical and operational characteristics.
The CONSULTANT shall also evaluate the transportation element of existing plans and perform an
analysis of the future transportation needs on SR 5/US-1/0verseas Highway within the study area,
including the need for additional capacity (this analysis also includes additional traffic generated by
tourists traveling south of Big Pine Key). As part of this process, the CONSULTANT shall
coordinate with the DEPARTMENT's Planning Office for pertinent study information.
The following information should also be collected by the CONSULTANT to include all data
necessary to perform an adequate evaluation of existing conditions or future proposed projects. This
information includes, but is not limited to, the following: aerial photography, survey field work,
right-of-way mapping, existing highway characteristics, traffic data, accident data, utilities,
transportation plans including the Monroe County 2010 Plan, the Long Range Transportation Plan,
other available Monroe County traffic studies, the FDOT Long Range Planning Element, the SR
5/US-l Key DeerIMotorist Conflict Study, navigation and marine data, soils survey, and access data.
SECTION VI. DATA ANALYSIS
The CONSUL T ANT shall collate and synthesize existing information collected within the Sections
previously stated.
A. The CONSULTANT shall analyze the varIOUS existing and proposed laws,
regulations, plans, etc.
B. The CONSULTANT shall work with the COORDINATING COMMITIEE to define
the data gaps in Key deer protection and in the above-listed data collected.
C. The CONSULTANT shall utilize the GIS habitat layer for Key deer and population
density estimates for Key deer and other covered species to estimate the carrying
capacity of Big Pine and No Name Keys for Key deer and other covered species, as
well as other Keys within the known existing range of the Key deer. Carrying
capacity should be expressed as estimated size of the Key deer herd, and the estimate
should include both a minimum and maximum predicted population size as a function
of harsh and favorable environmental conditions, if possible.
D. Utilizing existing information from the USFWS, and accepted scientifically
published information, the CONSULTANT shall use existing, off-the-shelf computer
software to conduct a population viability analysis or comparable analysis for Key
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deer and other covered species, if possible. This analysis shall determine a minimum
viable population (MVP) size for Key deer and other covered species. The MVP shall
be expressed as the smallest population having a specified probability of persistence
for a given time period (e.g., 95% chance of persistence for 100 years). The
COORDINATING COMMITTEE shall have the responsibility for specifying an
acceptable level for probability of persistence and for specifying the time frame for
the MVP determination.
SECTION VII. DEVELOPMENT OF REGIONAL HABITAT CONSERVATION PLAN/
NEPA DOCUMENT
The CONSULTANT shall coordinate with the COORDINATING COMMITTEE and the USFWS
to develop the Regional HCPINEP A Document.
A. Regional HCPINEP A Document:
1. Determination of Proposed Activities:
Under the direction of the COORDINATING COMMITTEE, the CONSULTANT shall
develop a description of all actions/activities within the study area which are reasonably
certain to occur over the life of the permit (i.e., 20 years), given the data collected under
Section V and analyzed under Section VI. A brief description of likely proposed activities
should include, but not be limited to: residential development, non-residential development,
public and community facilities development, transportation infrastructure improvements,
wastewater and storm water treatment facilities, allowances for schools and parks, and
mitigating activities including land acquisition and restoration efforts for the Key deer.
The COORDINATING COMMITTEE shall coordinate with the CONSULTANT to insure
that a comprehensive set of activities/actions/scenarios are included, as practicable. As part
of this process, the CONSULTANT shall coordinate with the Monroe County Planning
Department.
2. Identification of Activitv Impacts on the Key deer and other covered species:
In coordination with the COORDINATING COMMITTEE, the CONSULTANT shall
identify activity impacts on the Key deer and other covered species previously listed in the
Scope of Services. The following tasks will be required:
a. Address potential effects on the Key deer and other covered species.
b. Address indirect (secondary) effects on covered species.
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c. Address direct and indirect effects on critical habitat for the Silver
Rice Rat (Otyzomys arllentatus).
d. Address cumulative effects to covered species.
e. Assist the USFWS in satisfying the requirements of the Section 7
process.
3. Determination of Anticipated Incidental Take Levels:
In coordination with the USFWS and the COORDINATING COMMITTEE, the
CONSUL T ANT shall determine the following:
a. How the incidental take of the covered species will be calculated for
the above-referenced list of proposed activities.
b. The level of incidental take and related impacts expected to result
from the proposed activities.
c. The level of incidental take that the Section 10 Permit will actually authorize.
4. Development of an Operatinll Conservation Prollram:
In coordination with the COORDINATING COMMIITEE, the CONSULTANT shall
develop an Operating Conservation Program that will produce a net positive effect and/or
contribute to Key Deer Recovery Plan objectives. To aid in this process, the CONSULTANT
shall assemble information on activities beneficial to the Key deer and other covered
species, including, but not limited to, wildlife crossings, domestic animal control, etc.
a. The CONSULTANT shall develop new mitigation alternatives to
include, but not be limited to:
1. Avoidance Alternatives
2. Minimization Alternatives
3. Mitigation Alternatives including, but not limited to, increased
levels of funding and activity for existing beneficial programs,
development of new beneficial programs such as creation of
mitigation parks purchased with funds derived from permitting,
development of mitigable lots, etc.
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5. Development ofFundin~ Plan:
In coordination with the COORDINATING COMMIITEE, the CONSULTANT shall
develop the Funding Plan which identifies agency responsibilities and timing of activities,
and identifies funding sources for each activity as required by the USFWS. The
CONSUL T ANT shall work at the direction of the COORDINATING COMMITTEE in
identifying agency responsibilities and funding sources.
6. Development of Adaptive Mana~ement:
In coordination with the COORDINATING COMMITTEE, the CONSULTANT shall
develop adaptive management concepts into the HCP process to allow for changes in the
mitigation strategies that may be necessary to reach the long-term goals of the functioning
HCP.
7. Development ofMonitorin~ Plan:
In coordination with the COORDINATING COMMITTEE, the CONSULTANT shall
develop the HCP Monitoring Plan, which identifies the method by which the IA and
associated activities will be monitored over the life of the ITP. This plan should also outline
the method and frequency of reporting to the USFWS, including specific report format, etc.
8. Development of Procedures to Address Unforeseen and Changed Circumstances:
Under the direction of the COORDINATING COMMITTEE, the CONSULTANT shall
develop a procedure by which the agencies will deal with any unforeseen circumstances, as
per Federal Regulation 50 CFR 17.22(b)(1)(iii)(C). This section of the HCP and/or IA
should discuss how those changes in the circumstances surrounding the HCP and/or IA that
cannot effectively be anticipated by HCP and/or IA negotiators will be dealt with in the
future.
SECTION VIII. IMPLEMENTING AGREEMENT (IA)
Under the direction of the COORDINATING COMMITTEE, the CONSULTANT shall develop
the Implementing Agreement (IA).
A. Elements of the IA:
This agreement may include, but is not limited to, the following elements:
1. Defines the obligations, benefits, rights, authorities, liabilities, and privileges of
all signatories and other parties to the HCP.
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2. Assigns responsibility for planning, approving, and implementing specific HCP
measures.
3. Specifies the responsibilities for the USFWS, and other State and Federal agencies
that will be implementing or monitoring the HCP's conservation programs.
4. Provides for specific measures when habitat acquisition, transfer, or other
protections are part of the HCP's Operating Conservation Program.
5. Establishes a process for amendment of the HCP, where necessary.
6. Provides for enforcement ofHCP measures and for remedies, should any party fail
to perform on its obligations under the HCP.
7. Provides for a process to establish and incorporate agreed-upon Adaptive
Management Provisions over the life of the ITP and the IA.
B. Sequence of Events:
The following is a sequence of events that the CONSULTANT shall follow in the
development and approval of the Draft IA:
1. Developldraft the IA.
2. Coordinate the IA through the COORDINATING COMMITTEE.
3. Circulate the IA for comments.
4. Respond to comments.
5. Circulate for signature.
6. Incorporate into the Final HCPINEP A Document.
SECTION IX. INTERAGENCY COORDINATION
During the HCP process, the CONSULTANT shall coordinate with the USFWS who will provide
technical assistance and information concerning regulatory and statutory requirements to the
DEPARTMENT and HCP CO-APPLICANT AGENCIES to insure completeness oft~e application.
In addition, other agencies such as the FGFWFC will provide technical assistance'and information
to the CONSULTANT and the DEPARTMENT.
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SECTION X. NEP A DOCUMENTATION
The CONSUL T ANT shall document the results of the data collection efforts and the environmental
analysis performed as part of this scope of work. The task of documentation includes the preparation
of draft or interim reports and technical memoranda prepared by the CONSULTANT for review and
comment by the DEPARTMENT and COORDINATING COMMITTEE prior to producing final
reports and documents.
The Environmental Documents prepared by the CONSULTANT will comply with all the procedures
listed in the Department of Interior's NEPA Manual, and the USFWSINMFS Habitat Conservation
Planning Handbook, and will also follow the format and include all content described in the NEP A
Manual.
Specifically, the CONSULTANT will follow the chapters in the NEPA Manual for an
Environmental Impact Statement (EIS). The CONSULTANT shall insure that the EIS will conform
to the requirements of the NEP A.
Especially important to the CONSULTANT's work effort will be the "impact sections" of the
environmental document which provide the scientific and analytical basis for the alternatives. The
CONSULTANT shall provide all the necessary content for these sections.
All correspondence, data collection and analysis shall be provided to the DEPARTMENT as they
are developed by the CONSULTANT.
It is especially important to note that separate Project Development and Environmental (PD&E)
Studies and associated NEP A Documents will be necessary to address specific outlined activities
that have been proposed in the HCP. Preparation of this NEPA Document only addresses the
Federal Action of the ITP issuance.
A. Sequence of Tasks
The following is a sequence of tasks which the CONSULTANT will follow in preparing and
circulating the Regional HCPINEPA Document for finalization:
1. Draft Regional HCPINEP A Document.
2. Circulate documents for review to the USFWS and COORDINATING COMMITTEE.
3. Respond to agencies and COORDINATING COMMITTEE comments and revise.
4. Make document available for public comment, during the USFWS federal regulatory
comment period.
5. Prepare and finalize Regional HCPINEP A Document based on public comments.
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SECTION XI. INCIDENTAL TAKE PERMIT (ITP) APPLICATION
(Note: Contingent upon successful completion of Sections VII, VIII, and X)
The CONSULTANT shall prepare all necessary information included for the ITP Application. This
information includes, but is not limited to, the following:
A. Preparation of Application:
1. Regional RCP
2. NEP A Documents
3.IA
B. Submittal of Application Packaie:
Based on review by the DEPARTMENT's Project Manager and the COORDINATING
COMMITTEE, the DEPARTMENT shall submit the ITP Application Package to the USFWS South
Florida Ecological Services Field Office (Vero Beach) for review.
C. Revision of Regional RCPINEPA Document per USFWS comments:
Based on the review of the USFWS and the COORDINATING COMMITTEE, the CONSULTANT
will revise the HCPINEP A Documents for final review by the USFWS South Florida Ecological
Services Field Office (Vero Beach).
SECTION XII. PREPARATION AND DISTRIBUTION OF FINAL REPORT AND ITP
(Note: Contingent upon successful completion of Sections VII, VIII, and X)
Once the Final HCPINEPA Document and ITP Application Package have been approved by the
USFWS, the CONSULTANT shall prepare the appropriate copies and distribute the documents to
the COORDINATING COMMITTEE and other entities which are on the distribution list for copies.
SECTION XIII. ITP COMPLIANCE ACTIVITIES (Optional Service)
(Note: Contingent upon successful completion of Sections VII, VIII, and X)
A. Monitor ITP/HCP Compliance:
The HCP CO-APPLICANT AGENCIES, in consultation with the USFWS, shall develop a system
for monitoring the ITP/HCP for compliance. The following is a sequence of events which the
CONSUL T ANT shall adhere to:
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I. Monitor compliance.
2. Prepare Monitoring Report.
3. Submit report to the USFWS.
B. Identification of. and Methods to Address. Unforeseen/Chan~ed Circumstances:
As necessary, the CONSULTANT shall assist the DEPARTMENT and HCP CO-APPLICANT
AGENCIES in coordinating "unforeseen/changed circumstances" activities that may take place
during the life of the ITP.
The CONSULTANT shall assist the DEPARTMENT in performing the following:
1. As necessary, assist applicant in following established procedure for
"Unforeseen/Changed Circumstances" activities.
2. Prepare permit amendment/application and supporting documentation as
needed.
SECTION XIV. STUDY REQUIREMENTS AND PROVISIONS FOR WORK
A. Governing Re~ulations:
The services performed by the CONSULTANT shall be in compliance with all applicable
DEPARTMENT Manuals and Guidelines. The DEPARTMENT and USFWS Manuals
and Guidelines incorporate by requirement or reference all applicable State and Federal
Regulations. The current edition, including updates, of the following DEPARTMENT and
USFWS Manuals and Guidelines shall be used in the performance of this work:
- USFWS and NMFS Habitat Conservation Planning Handbook (November 1996).
- The Department of Interior's NEPA Manual.
- The Endangered Species Act of 1973, as amended, including USFWS regulations
found in Title 50 Code of Federal Regulations, Parts 13 and 17.
- USFWS and NMFS Endangered Species Consultation Handbook (Final -
March 1998).
- Recently approved HCPINEPA Documents which are similar in nature to this
project.
- Florida Aquatic Preserve Ac! of 1975.
- Coastal Zone Management Act of 1972.
- Outstanding Florida Waters - Florida Administrative Code, Chapter 17.
- Coastal Barrier Resources Act of 1982.
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B. Proiect Schedule
Within ten (10) days after the Notice to Proceed, the CONSULTANT shall provide a
schedule of calendar deadlines accompanied by an anticipated payout curve. The schedule
and anticipated payout curve shall be prepared in a format prescribed by the
DEPARTMENT. The schedule shall be updated monthly and include all key dates and
project milestones.
C. Key Personnel:
The CONSULTANT'S work shall be performed and directed by the key personnel
identified in the proposal presentations by the CONSULTANT. Any changes in the
indicated personnel shall be subject to review and approval by the DEPARTMENT. At a
minimum, the following personnel shall be included on the CONSULTANT Team:
Community Planner, Wildlife Biologist, Transportation Engineer, Cultural Resources
Specialist, and Public Involvement Specialist.
D. Proiress Reportini:
The CONSULTANT shall meet with the DEPARTMENT on a monthly basis and provide
written progress reports which describe the work performed on each task. Progress
reports shall be delivered to the DEPARTMENT 10 days prior to submission of the
corresponding invoice.
E. Meetinis and Presentations:
The CONSULTANT shall attend a Notice to Proceed Meeting with DEPARTMENT
representatives, where relevant project information will be provided by the DEPARTMENT,
along with procedures for administering the contract. The CONSULTANT and his staff shall
also be available with no more than a five (5) workday notice to attend meetings or
make presentations at the request of the DEPARTMENT. Such meetings and presentations
may be held at any hour between 6:00AM and 12:00 midnight on any day of the week.
The CONSULTANT may be called upon to provide maps, information for press releases,
advertisements, audiovisual displays and similar material for such meetings.
F. Ouality Control:
The CONSULTANT shall be responsible for insuring that all work products conform to
DEP ARTMENT standards and criteria. This shall be accomplished through an internal
Quality Control (QC) process performed by the CONSULTANT. This QC process shall
insure that quality is achieved through checking, reviewing, and surveillance of work
activities by objective and qualified individuals who were not directly responsible for
performing the initial work.
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Prior to submittal of the first invoice, the CONSULTANT shall submit to the
DEPARTMENT's Project Manager for approval the proposed method or process of
providing Quality Control for all work products. The Quality Control Plan shall identify the
products to be reviewed, the personnel who shall perform the reviews, and the method of
documentation.
As part of this process, the CONSULTANT shall be required to obtain an independent,
multidisciplinary peer review. The composition of the peer review team (e.g., biologist,
planner, social scientist) shall be subject to COORDINATING COMMITTEE approval.
G. Correspondence:
Copies of all written correspondence between the CONSUL T ANT and any party pertaining
specifically to this study shall be provided to the DEPARTMENT for their records within
one (1) week of the receipt of said correspondence.
H. Liaison Office:
The DEPARTMENT will designate a Liaison Office and DEPARTMENT Project
Manager who shall be the representative of the DEPARTMENT for the project. The final
direction on all matters of the project will remain with the DEPARTMENT Project
Manager.
I. Contract Deliverables:
These are the anticipated printing requirements for the project. This tabulation will be used
for estimating purposes, and the DEPARTMENT's Project Manager will determine the
number of copies required prior to each submittal. The CONSULTANT shall also provide
computer diskette copies of the listed documents, in the format of WordPerfect (6.1).
The CONSUL T ANT shall provide all contract deliverables as listed below:
1. PIP
2. ITP Application
3. Regional HCP/NEPA Document
4.IA
5. GIS Database on CD Rom
Copies:
10
10
150
25
10
The CONSUL T ANT will provide such contract deliverables in electronic formats
compatible with USFWS hardware and software standards, including GIS layers.
Upon completion of the study, the CONSULTANT shall deliver to the DEPARTMENT in
an organized manner, all technical backup information and printouts for all required
analysis, computer runs and calculations, all project files, maps, sketches, worksheets, and
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other materials used or generated during the HCP process.
J. Computer Automation:
The CONSULTANT shall develop the HCP information gathered on a GIS database, and
submit the CD Rom Master File to the DEPARTMENT at the end of the study.
SECTION XV. METHOD OF COMPENSATION
Payment for the work accomplished will be in accordance with Exhibit B of this contract. Invoices
shall be submitted in quintuplicate to the DEPARTMENT, in a format prescribed by the
DEPARTMENT. The DEPARTMENT'S Project Manager and the CONSULTANT shall monitor
the cumulative invoiced billings to insure the reasonableness of the billings compared to the project
schedule and the work accomplished and accepted by the DEPARTMENT.
SECTION XVI. SERVICES TO BE PERFORMED BY THE DEPARTMENT
The DEPARTMENT will provide those services and materials as set forth below:
1. Project data currently on file.
2. Environmental standards and review services.
3. Required Hearing certification and verbatim transcript.
4. All media costs for legal and display advertisements.
5. All postage expense for the Public Hearing notification.
APPROVED AS TO FORM
_~~CY
BY ----?
Attorney's Office
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