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Item B07 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 21, 2001 Division: Growth Management Bulk Item: Yes X No Department: N/ A AGENDA ITEM WORDING: Approval of the Florida Keys Scenic Highway Advisory Group Agreement between Monroe County and numerous state, municipal and private entities. ITEM BACKGROUND: Clean Florida Keys, Inc. has been seeking Florida Scenic Highway designation for US Route 1. The highway was deemed eligible for the Florida Scenic Highway Program on November 29,2000. The Scenic Highway Advisory Group agreement is required for the final designation of the scenic highway by the Florida Department of Transportation. PREVIOUS RELEVANT BOCC ACTION: . May 17,2001 - Board approval of the National Scenic Byway Grant Application . Resolution 116-2000 supporting the designation of the Florida Keys Scenic Highway . Resolution 316-2000, resolution of the Tourist Development Council of Monroe County supporting local efforts to seek Florida Scenic Highway designation for the Florida Keys Overseas Highway CONTRACT/AGREEMENTCHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: Undetermined BUDGETED: Yes N/A No COST TO COUNTY: Undetermined REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/ A Year APPROVED BY: County Atty l OMB/Purchasing N/A DOCUMENTATION: Included X Risk Management N/ A DIVISION DIRECTOR APPROVAL: To Follow Not Required AGENDA ITEM ~ DISPOSITION: Revised 2/27/01 ~ FLORIDA KEYS SCENIC IDGHW A Y ADVISORY GROUP AGREEMENT AGREEMENT (this "Agreement") is entered into among Clean Florida Keys, Inc., hereinafter referred to as "CFK" which administers the Florida Keys Scenic Highway Corridor Advocacy Group, hereinafter referred to as "CAG" and local governments and state agencies, hereinafter referred to as ''Entities.'' This Agreement creates a cooperative relationship among CFK, the CAG and the Entities shown on the signature page hereto. The parties agree as follows: 1. There is hereby created the Florida Keys Scenic Highway Advisory Group ("SHAG"), which will initiate, coordinate, recommend and monitor plans, strategies, programs and events for the improvement and enhancement of the Florida Keys Scenic Highway, set forth in the Corridor Management Plan ("CMP"). 2. The SHAG shall be composed of one representative from: · Florida Keys Scenic Highway CAG · FOOT District 6 · FOEP Division of Recreation and Parks · Clean Florida Keys, Inc. (CFK) · Local Governments of the Florida Keys: · Islamorada, Village of Islands Council . Key Colony Beach City Council · Key West City Commission . City of Layton Council . City of Marathon Council · Monroe County Board of County Commissioners and membership can be expanded to a maximum of twenty-five (25) members to include representatives from the business, environmental, educational, civic, cultural, historical and/or other sectors as appropriate. Appointments to the SHAG shall be defined under organizational rules to be developed and should include representation from the Upper, Middle and Lower Keys. All meetings of the SHAG shall be open to the public pursuant to the Sunshine Law.. 3. Each SHAG member shall provide expertise in the areas of planning, safety, beautification, engineering, architecture, economics, environmental management, and other areas as appropriate. 4. The SHAG may adopt such organizational rules as shall be necessary or appropriate for the organization and operation of the SHAG, consistent with the provisions hereof, including as appropriate provision for the election of officers; formation of committees and task force groups as appropriate; the hiring and retention of employees or independent contractors; and other appropriate matters at the discretion of the SHAG. 5. The SHAG shall determine the entity that will keep and maintain all records. 6. Nothing contained herein shall constitute the adoption of the provisions of the CMP as a law, regulation or ordinance of any public body. Land management decisions, directions, budgeting and implementation of the public lands within the corridor are the responsibility of the individual public agencies as appropriate. 7. Land management and administration, policies, staffing, budgeting, development and operation of public land and facilities are the responsibilities of several federal and state agencies and local governments along the Corridor. The recommendations of the CMP shaH provide guidance for these Entities' decisions, but shaH not obligate these federal and state agencies and local governments to any action. Florida Keys Scenic Highway Corridor Management Entity Agreement Page 2 of5 8. The SHAG shall not take any actions that commit the Florida DEP (FOEP) Division of Recreation and Parks to any action, funding, staffing or operational responsibilities, including but not limited to entering any agreements and applying for any grant funds, without the prior written approval of The Division of Recreation and Parks. 9. The SHAG shall not take any actions that commit the Florida Department of Transportation (FOOT) to any action, funding, staffing or operational responsibilities, including but not limited to entering any agreements and applying for any grant funds, without the prior written approval of FOOT. 10. The SHAG shall not take any actions that commit anyone or all of the respective local governments, . Islamorada, Village of Islands Council . Key Colony Beach City Council . Key West City Commission . City of Layton Council . City of Marathon Council · Monroe County Board of County Commissioners to any action, funding, staffing or operational responsibilities, including but not limited to entering any agreements and applying for any grant funds, without the prior written approval of each respective government as listed above. 11. The SHAG shall not take any actions that commit the Florida Keys Scenic Highway CAG or Clean Florida Keys, Inc. to any action, funding, staffing or operational responsibilities, including but not limited to entering any agreements and applying for any grant funds, without the prior written approval of the CAG and CFK. 12. The ability of the FOEP' Division of Recreation and Parks to participate in the programs ofthe Florida Keys SHAG is dependent on annual appropriations from the Florida Legislature. 13. The ability of the FOOT to participate in the programs of the Florida Keys SHAG is dependent on annual appropriations from the Florida Legislature. 14. The ability of anyone or all of the respective local governments listed in #10 above, to participate in the programs of the Florida Keys SHAG is dependent on annual budget appropriations. 15. The ability of the CAG and CFK to participate in the programs of the Florida Keys SHAG is dependent on their annual budgets. 16. This Agreement is a continuing contract and program to ensure implementation and consistency in carrying out the goals, objectives and strategies ofthe CMP. However, any member Entity may terminate its participation in the SHAG upon thirty (30) days written notice. The SHAG will terminate when no party remains active. 17. This Agreement may be amended only with the written consent of all the parties hereto. This Agreement shall be governed by and construed in accordance with the laws ofthe State of Florida. Florida Keys Scenic Highway Corridor Management Entity Agreement Page 3 of 5 IN WITNESS WHEREOF. the undersigned have executed this Agreement. The Florida Keys Scenic Highway Corridor Advocacy Group By: Date Attest: Florida Department of Transportation District 6 By: Date Attest: Florida Department of Environmental Protection - Division of Parks and Recreation By: Date: Attest: Islamorada. Village of Islands Council By: Date Attest: Florida Keys Scenic Highway Corridor Management Entity Agreement Page 4 of 5 Key Colony Beach City Council By: Date Attest: Key West City Commission By: Date Attest: City of Layton Council By: Date Attest: City of Marathon Council By: Date Attest: Florida Keys Scenic Highway Corridor Management Entity Agreement Page 5 of 5 Monroe County Board of County Commissioners By: Date: Attest: Clean Florida Keys, Inc. By: Date: Attest: County of Monroe B-7 Growth Mana~ernent Division 2798 Overseas Highway Suite 400 Marathon, florida 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 Board of County Commissioners Mayor George Neugent, Dist. 2 Mayor Pro Tern Nora Williams, Dist. 4 Comm. Charles "Sonny" McCoy, Dist. 3 Corron. Murray Nelson, Dist. 5 Corron. Dixie Spehar, Dist. 1 TO: Tim McGarry Director FROM: Elizabeth Holloway ~ Bicycle and Pedestrian e~ Florida Keys Scenic Highway ./ Final Scenic Highway Advisory Group Agreement RE: DATE: June 20, 2001 The final revised version of the SHAG Agreement is attached for distribution to the County Commission for approval tomorrow. The attorney for the City of Marathon submitted revisions to the text yesterday afternoon. The changes to the text are: Item 5- Addition of the sentence: "In no event, however, shall any local government that is a signatory to this agreement be obligated to maintain any such records unless it voluntarily agrees to or is required to by the provisions of Chapter 119, Florida Statutes." Item 14- Addition of the sentence: " Nothing in this agreement shall obligate the respective local governments to make any such budget or in-kind services appropriation." A separate signature page is provided for each government entity so that there is room for seals and signatures. Please distribute this to the County Commissioners for approval on June 21. FDOT has asked for the final signed copy next week. If there is any way to achieve that let me know what I can do. Thank you. cc: K. Marlene Conaway, Director, Planning and Environmental Resources Department Colleen Gardner, Executive Assistant FLORIDA KEYS SCENIC mGHW A Y ADVISORY GROUP AGREEMENT AGREEMENT (this "Agreement") is entered into among Clean Florida Keys. Inc.. hereinafter referred to as ''CFK'' which administers the Florida Keys Scenic Highway Corridor Advocacy Group. hereinafter referred to as ''CAG'' and local governments and state agencies. hereinafter referred to as ''Entities:' This Agreement creates a cooperative relationship among CFK. the CAG and the Entities shown on the signature page hereto. The parties agree as follows: 1. There is hereby created the Florida Keys Scenic Highway Advisory Group ("SHAG"), which will initiate, coordinate. recommend and monitor plans. strategies, programs and events for the improvement and enhancement of the Florida Keys Scenic Highway, set forth in the Corridor Management Plan (''CMP''). 2. The SHAG shall be composed of one representative from: · Florida Keys Scenic Highway CAG · FOOT District 6 · FOEP Division of Recreation and Parks · Clean Florida Keys, Inc. (CFK) · Local Governments of the Florida Keys: · Islamorada, Village of Islands Council · Key Colony Beach City Council · Key West City Commission · City of Layton Council · City of Marathon Council · Monroe County Board of County Commissioners and membership can be expanded to a maximum of twenty-five (25) members to include representatives from the business, environmental, educational, civic. cultural, historical and/or other sectors as appropriate. Appointments to the SHAG shall be defined under organizational rules to be developed and should include representation from the Upper, Middle and Lower Keys. All meetings of the SHAG shall be open to the public pursuant to the Sunshine Law.. 3. Each SHAG member shall provide expertise in the areas of planning, safety, beautification, engineering. architecture, economics, environmental management, and other areas as appropriate. 4. The SHAG may adopt such organizational rules as shall be necessary or appropriate for the organization and operation of the SHAG, consistent with the provisions hereof, including as appropriate provision for the election of officers; formation of committees and task force groups as appropriate; the hiring and retention of employees or independent contractors; and other appropriate matters at the discretion of the SHAG. 5. The SHAG shall determine the entity that will keep and maintain all records. In no event, however, shall any local government that is a signatory to this agreement be obligated to maintain any such records unless it voluntarily agrees to, or is required to by the provisions of Chapter 119, Florida Statutes. 6. Nothing contained herein shall constitute the adoption of the provisions of the CMP as a law, regulation or ordinance of any public body. Land management decisions, directions, budgeting and implementation of the public lands within the corridor are the responsibility of the individual public agencies as appropriate. 7. Land management and administration, policies, staffing, budgeting, development and operation of public land and facilities are the responsibilities of several federal and state agencies and local governments along the Corridor. The recommendations of the CMP shall provide guidance for these Entities' decisions, but shall not obligate these federal and state agencies and local governments to any action. 8. The SHAG shall not take any actions that commit the Florida DEP (FDEP) Division of Recreation and Parks to any action, funding, staffing or operational responsibilities, including but not limited to entering any agreements and applying for any grant funds, without the prior written approval of The Division of Recreation and Parks. 9. The SHAG shall not take any actions that commit the Florida Department of Transportation (FOOT) to any action, funding, staffing or operational responsibilities. including but not limited to entering any agreements and applying for any grant funds, without the prior written approval ofFDOT. 10. The SHAG shall not take any actions that commit anyone or all of the respective local governments, . Islamorada, Village of Islands Council . Key Colony Beach City Council . Key West City Commission . City of Layton Council · City of Marathon Council · Monroe County Board of County Commissioners to any action. funding, staffing or operational responsibilities. including but not limited to entering any agreements and applying for any grant funds. without the prior written approval of each respective government as listed above. 11. The SHAG shall not take any actions that commit the Florida Keys Scenic Highway CAG or Clean Florida Keys, Inc. to any action. funding. staffing or operational responsibilities, including but not limited to entering any agreements and applying for any grant funds. without the prior written approval of the CAG and CFK. 12. The ability of the FDEP. Division of Recreation and Parks to participate in the programs of the Florida Keys SHAG is dependent on annual appropriations from the Florida Legislature. 13. The ability of the FOOT to participate in the programs of the Florida Keys SHAG is dependent on annual appropriations from the Florida Legislature. 14. The ability of anyone or all of the respective local governments listed in #10 above, to participate in the programs of the Florida Keys SHAG is dependent on annual budget appropriations. Nothing in this agreement shall obligate the respective local governments to make any such budget or in-kind services appropriation 15. The ability of the CAG and CFK to participate in the programs of the Florida Keys SHAG is dependent on their annual budgets. 16. This Agreement is a continuing contract and program to ensure implementation and consistency in carrying out the goals, objectives and strategies of the CMP. However. any member Entity may terminate its participation in the SHAG upon thirty (30) days written notice. The SHAG will terminate when no party remains active. 17. This Agreement may be amended only with the written consent of all the parties hereto. This Agreement shall be governed by and construed in accordance with the laws ofthe State of Florida. ~ Monroe County Board of County Commissioners By: Attest: Date: