Item N04BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
July 18,
2012 (KW)
Division: County Attorney / Land Steward
Bulk Item: Yes
X
No _
Department:
Staff Contact /Phone #: Suzanne Hutton
Beth Bergh / 289-2511
AGENDA ITEM WORDING: Approval of an agreement with the Florida Department of
Environmental Protection allowing Monroe County to perform habitat restoration within Dagny
Johnson Key Largo Hammock Botanical State Park as mitigation for construction of the Key Largo
Wastewater Treatment District wastewater treatment plant.
JI M MAUKUHUUND: During the permitting of the KLWTD wastewater treatment plant, the US
Fish and Wildlife Service required payment of $718,504 in mitigation fees into the Monroe County
Environmental Land Management and Restoration Fund (Fund 160). The fees must be used to restore
a minimum of 4.2 acres of tropical hardwood hammock habitat on a USFWS-approved site on Key
Largo. There are no County -owned sites that will fulfill this mitigation requirement but County and
Florida Park Service staff have obtained USFWS approval of a restoration project on State land. The
approved project involves removing fill, abandoned structures, parking lots, and roads within Dagny
Johnson Key Largo Hammock Botanical State Park. The proposed agreement authorizes the County to
perform some or all of this mitigation work to the extent the mitigation fees allow.
PREVIOUS RELEVANT BOCC ACTION:
Resolution 360-2005 — authorized the County Land Steward to take over and complete the mitigation
obligations of the Key Largo Wastewater Treatment District.
CONTRACT/AGREEMENT CHANGES: NA
O i Ar r XVLU1v11viLNDA1'I0NS: Approval
Not to exceed
TOTAL COST: $713,000 INDIRECT COST: NA BUDGETED: Yes No _X*
*To be in FY 2013 budget. The specified amount was previously deposited m or transferred to fund for this Mitigation.
DIFFERENTIAL OF LOCAL PREFERENCE: NA
Not to exceed
COST TO COUNTY: $713,000 —SOURCE OF FUNDS: Fund 160-52004
REVENUE PRODUCING: Yes — No X AM UNT PER MONTH Year
II1 '7
APPROVED BY: County Atty OMB/PurL asing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: State of Florida - DEP Contract #
Effective Date:
Expiration Date:
Contract Purpose/Description:
Restoration agreement between Monroe County and State of Florida, Department of
Environmental Protection, Division of Recreation and Parks, for a restoration project at
Dagny Johnson Key Largo Hammocks State Park to satisfy the mitigation requirements
of the US Fish & Wildlife Service for the construction of the Key Largo Wastewater
Treatment Plant
Contract Manager: Beth Bergh x2511 GM / Stop # 11
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on July 18 2012 Agenda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: $ 713,000 Current Year Portion: $ 0
Budgeted? Yes❑ No ® Account Codes:
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ 0 /yr For:
(Not included in dollar value above) if." —..-#------ ...:�:.:------.__-, --
CONTRACT REVIEW
Changes
Date In Needed er
Division Director 4Yes❑ No a
Risk Management Yes❑ N
O.M.B./PurchasingYesEl No
County Attorneyv9&yes[:] No
Comments:
Date Out
� /01
vmts corm Kevised 2/27,101 MCP t#2
Marine Resources
RESOLUTION NO.360 - 2Q05
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AUTHORIZING THE MONROE COUNTY LAND
STEWARD TO TAKE OVER AND COMPLETE THE MITIGATION
OBLIGATIONS OF THE KEY LARGO WASTEWATER TREATMENT
DISTRICT FOR THE AUTHORIZED CLEARING OF THE DISTRICT'S
TREATMENT PLANT SITE AT MILE MARKER 100.5 AND
AUTHORIZING THE LAND STEWARD TO UTILIZE FUNDS MADE
AVAILABLE TO THE DISTRICT BY THE BOCC ON 18 AUGUST 2004
AT ITS REGULAR MEETING SO THAT FUNDS ARE AVAILABLE TO
THE LAND STEWARD TO COMPLETE THE MITIGATION EFFORT.
WHEREAS, the Key Largo Wastewater Treatment District, in receipt of FEMA Unmet
Needs funds, was allowed to clear up to 2.6 acres of land at its treatment plant site at Mile
Marker 100.5; and
WHEREAS, the U.S. Fish and Wildlife Service (FWS) Biological Opinion documented
in the FEMA Environmental Assessment of the Key Largo wastewater project required
mitigation for the loss of the 2.6 acres of habitat at the treatment plant site; and
WHEREAS, the BOCC at its August 18, 2004 regular meeting authorized $294,708.08
of Fund 304 (Infrastructure Sales Tax) money to the District to cant' out the mitigation
obligations required by FEMA and FWS; and
WHEREAS, the Monroe County Land Steward is more knowledgeable and better
qualified to carry out the mitigation obligations of the Key Largo Wastewater Treatment District;
and
WHEREAS, the BOCC established the County "Environmental Land Management and
Restoration Fund" through Resolution 112-2004 to hold mitigation funds as they become
available so as to allow completion of environmental restoration and mitigation projects; and
WHEREAS, the Key Largo Wastewater Treatment District, FEMA, and the FWS agree
that turning the mitigation obligations over to the Land Steward is acceptable and appropriate,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, MONROE COUNTY, FLORIDA THAT:
The Monroe County Land Steward is authorized to act on behalf of the Key Largo
Wastewater Treatment District to take over and complete the mitigation obligations of the
District for land clearing at the Mile Marker 100.5 treatment plant site.
BC050931A Resol KLWTD-LandSteward - for merge.doc
9/2/2005 3:31:00 PM
Marine Resources
2. The Monroe County Land Steward is authorized to utilize funds made available to the
District by the BOCC at its August 18, 2004 meeting ($294,708.08) to complete the
mitigations obligations.
3. The Monroe County Department of Management and Budget is requested to take
necessary action to ensure that the aforementioned funds are available to the Monroe
County Land Steward by no later than the October 2005 BOCC meeting.
PASSED AND ADOPTED by the Board of County Commissioners, Monroe County, Florida at
a regular meeting of said Board held on the -;?8 f* day of Sgptember , A.D., 2005.
Mayor Dixie Spehar Yes
Mayor Pro Tem Charles "Sonny" McCoy Yes
Commissioner George Neugent Yes
Commissioner David Rice Ypa
Commissioner Murray Nelson Yes
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, op, F,'//RIDA
d�s
BY:
MAYOR/CHAIR PERSON
(SEAL)
ATTEST: DANNY 1. KOLHAGE, CLERK
BY: 'p-o�lt. aC. &�damta1
DEPUTY CLERK
o
Ck
O x0�
ta„
0 4 O
S
BC05093IA Resol UWTD-UndSteward - for merge.doc
9/2/2005 3:31:00 PM
APPROVED AS TO FORM
LEGAL SUFFICIENCY
BY:
AT O Y S OFFICE
�,
h `
� �; r
.«
•;
4," `�
� � �} ,�
�� ��.� �
•'�' !1 ��"' � !� '�
�_
+� r �,
ems; �:
"" � � � ;�
r «�, � r.
x �'� � ; �
�, #; r
1-` � `r �,�; �,' ♦ +� ,+;:fir 1 ��
• � +� ;
— „� � �
,�,� ;�
rF
�;
��€ �t ��; �.< a
.,+ ;.�
LL t � 1 ,�
�` °# �}
In the event that any dispute arises between the parties or with the County's contractors, both DRP and
County agree to attempt to resolve the issues by meet and confer sessions between representatives of
each of the parties.
No work shall commence until after sunrise and must be completed by sunset, unless such work is
coordinated with and approved by the park manager of Dagny Johnson Key Largo Hammock Botanical
State Park ("Park Manager').
DRP and its duly authorized agents retain the right to enter the Property or to engage in management
activities not inconsistent with the use herein provided.
Z PROOF OF LIABILITY INSURANCE. The County's contractors shall provide proof of
liability insurance to the Park Manager prior to entering the Property. The liability insurance shall be in
amounts not less than $200,000 per person and $300,000 per incident or occurrence for personal
injury, death and property damage. Such policies shall name the State of Florida Department of
Environmental Protection, Division of Recreation and Park and the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida as additional insureds. The County, as a political
subdivision of the State of Florida, represents to DRP that it has purchased suitable Public Liability,
Vehicle Liability, and Workers' Compensation insurance, or is self -insured, in amounts adequate to
respond to any and all claims under federal or state actions for civil rights violations, which are not
limited by Section 768.28, Florida Statutes, and Chapter 440, Florida Statutes, as well as any and all
claims within the limitations of Section 768.28, Florida Statutes, and Chapter 440, Florida Statutes,
arising out of the activities governed by this Agreement.
3. LIABILITY. The County shall assist in the investigation of injury or damage claims either
for or against DRP or the State of Florida pertaining to the County's respective areas of responsibility
shall contact DRP regarding the legal action deemed appropriate to remedy such damage or claims.
Nothing in this Agreement extends the waiver of sovereign immunity above the statutory limits of
Section 768.28, Florida Statutes, for either party.
4. PAYMENT. No payment of money shall be due to DRP under this Agreement. The
County shall use some or all of the mitigation funds, not to exceed the amount of $713,000, to perfor
or contract for the performance of the Project. There are no third party beneficiaries of this Agreeme
Under Section 713.11, Florida Statutes, no lien of the County's contractors can attach to the land whi
is the subject of the Project. Funding contemplated under this Agreement is subject to annual
appropriation by the County. I
5. A'OTICE. The County or its contractors shall contact the Park Manager at the below
listed addresses prior to commencing any activities at the Property and any and all correspondence
shall either be hand delivered or sent via certified mail, return receipt requested.
137985 E Federal Hwy
Hobe Sound, FL 33455
1561)546-0900
Pat Wells, Park Manager
Dagny Johnson KL Hammocks State Park
P.O. Box 487
Key Largo, FIL 33037
Agreement North Key Largo Mitigation Project