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Item B01 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 18, 2001 Division: Growth Management Bulk Item: Yes X No Department: Planning AGENDA ITEM WORDING: Approval of the Certified Local Government Agreement between the State of Florida, Department of State, Division of Historical Resources and Monroe County for the participation in the federal historic preservation program. ITEM BACKGROUND: The Certified Local Government (CLG) Program, sponsored by the National Park Service and the State Historic Preservation office, is a national program to recognize local historic preservation programs and to provide uniform standards for such efforts. PREVIOUS RELEVANT BOCC ACTION: On December 14, 2000, the Board of County Commissioners approved the authorization for the Mayor to execute an application to the Florida Bureau of Historic Preservation as directed by Policy 104.3.3 of the 2010 Comprehensive Plan. CONTRAC~AGREEMENTCHANGES: NM STAFF RECOMMENDATIONS: Approval TOTAL COST: X BUDGETED: Yes N/A No COST TO COUNTY: N/A REVENUE PRODUCING: Yes N/ A No AMOUNT PER MONTH N/A Year APPROVED BY: County Arty X Risk Management N/ A DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow Not Required_ AGENDA ITEM # J -J6'/ DISPOSITION: Revised 2/27/01 ~ CERTIFIED LOCAL GOVERNMENT AGREEMENT This Agreement by and between the State of Florida, Department of State, Division of Historical Resources, hereinafter referred to as the Department, and Monroe County hereinafter referred to as the County, relative to the Monroe County Certified Local Government Program, hereinafter referred to as the Program, is entered into this _ day of .2001. The protection and preservation of resources of historical, architectural, and archaeological value are public purposes and are essential to the health, safety and economic, educational, cultural and general welfare of the public. This Agreement is for the purpose of implementing the Florida Certified Local Government Program in Monroe County, State of Florida, so as to assist the local government to participate more fully in the federal historic preservation program. Under the provisions of the Code of Federal Regulations, Title 36, Part 61, "Procedures for Approved State and Local Government Historic Preservation Programs," it is the responsibility of the Department, serving as the State Historic Preservation Office, to administer the Florida Certified Local Government Program in the State of Florida and to enter into this Agreement. The provisions of the Florida Certified Local Government Guidelines, which are attached and are made a part of this Agreement, prescribe the minimum requirements established for the Program. The County has made application to the Department for participation in the Certified Local Government Program. The application has been evaluated by the Department and, on the basis of that evaluation, has verified that the County meets all federal requirements for certification as a Certified Local Government. Therefore, in accordance with all applicable regulations, under the terms of this Agreement, the County is hereby certified for participation in the Florida Certified Local Government Program. The Department and the County hereby agree as follows: 1. The Department shall provide the following general services: a. Provide access to Florida Master Site File survey inventory information to assist the County in maintaining a local inventory of historic resources. b. Designate a staff member to handle communication between the County, the Department and the National Park Service. c. Offer a training session at the initiation of the Program for the Historic Preservation Review Commission and staff supporting the local Certified Local Government Program. 2. The Department shall perform the following services in accordance with, and as specified in, the Florida Certified Local Government Guidelines: a. Provide technical assistance regarding changes to or improvement of local landmark legislation. b. Provide technical assistance in the development of a system for survey and inventory activity including, but not limited to: site identification, site evaluation, survey method, and record keeping. c. As long as federal law requires, reserve at least 10% of the state's annual Federal Historic Preservation Fund Grant for award to Certified Local Governments on a competitive basis and notify Florida Certified Local Governments of the availability of these funds as per Section C.3.a., Florida Certified Local Government Guidelines. d. Receive and process applications from Florida Certified Local Governments for matching grants-in-aid, from the 10% set aside funds as specified in Section C.3.b.-h., Florida Certified Local Government Guidelines. Solicitation, selection, award and administration of such grants shall be in accordance with Chapter 267, Florida Statutes, Chapter lA-35, Florida Administrative Code, and all applicable federal laws and regulations. e. Notify the County of and adhere to specified time frames for all National Register activities affecting properties within the Certified Local Government's jurisdiction as specified in Section C.4., Florida Certified Local Government Guidelines. f. Per Section C.2., Florida Certified Government Guidelines, monitor the performance of the County and make every effort to assist the County to comply with the requirements of the Florida Certified Local Government Program. Monitoring includes review of grant fund allocations, review of annual reports, and other reviews as necessary and appropriate. g. Provide an evaluation of the local Certified Local Government program upon completion of review of the annual report. Methods to enhance local program effectiveness shall be identified. h. Initiate and pursue the recertification process when appropriate as per Section C.2.i.-m, Florida Certified Local Government Guidelines. 3. The County shall generally follow a public policy of protecting, preserving, and planning for the protection and preservation of resources of historical, architectural, and archaeological value within its jurisdiction. It shall perform the following duties in accordance with and as specified in the provisions of the Florida Certified Local Government Guidelines: a. Enforce appropriate state or local legislation for the designation and protection of historic properties as per Section B.l., Florida Certified Local Government Guidelines. b. Establish, by local law, an Historic Preservation Review Commission composed of professional and lay members, as per Section B.2., Florida Certified Local Government Guidelines. c. Develop and maintain a system for the survey and inventory of historic properties as per Section B.3., Florida Certified Local Government Guidelines. d. Provide for public participation in the local historic preservation program, including the process of recommending properties for nomination to the National Register, as per Section B.4., Florida Certified Local Government Guidelines. e. Perform other responsibilities delegated to it in Section B.s., Florida Certified Local Government Guidelines. f. Establish a formal procedure by ordinance, or by appropriate administrative action, whereby all proposed National Register nominations are reviewed by a qualified Historic Preservation Review Commission in accordance with procedures set forth in Section C.4., Florida Certified Local Government Guidelines. g. Submit an annual report of Certified Local Government activities and other such information deemed necessary as required by Sections C.2.e. and f., Florida Certified Local Government Guidelines. h. Permit periodic reviews of Certified Local Government activities and documents by the State Historic Preservation Office, with at least 30 days advance notice, as per Section C.2.c., Florida Certified Local Government Guidelines. 4. This instrument embodies the whole Agreement of the parties. There are no provisions, terms, conditions, or obligations, other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. No change or addition to this Agreement shall be effective unless in writing and properly executed by the parties. 5. If the local government named herein is decertified by the Department, this Agreement shall be terminated. The Department and the County have read this Agreement and have affixed their signatures. DEPARTMENT OF STATE Janet Snyder Matthews, Ph.D. State Historic Preservation Officer MONROE COUNTY " George R. Neugent Mayor L