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Resolution 297-1988 Planning Director RESOLUTION NO. 297 -1988 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN ON BEHALF OF MONROE COUNTY A CONSULTING CONTRACT WITH SEDWAY COOKE AND ASSOCIATES FOR THE CREATION OF A BIG PINE KEY FOCAL POINT STUDY. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: The Mayor of Monroe County is hereby authorized to sign and execute on behalf of the County a contract with Sedway Cooke and Associates for the creation of the Big Pine Key focal point study, such contract being hereby incorporated and made a part of this Resolution by reference. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of July, A.D., 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By iZ~,_t, M or rman (SEAL) Attest : DANBY L. KOLHAGE, Clerk ~t. (~~J/)~ AP~!~FORM AN; o/A SU 'FICIE~\lCY. BY I . Attorney's Office CONTRACT THIS CONTRACT, made and entered into this day of July, 1988, by and between Monroe County, Florida, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" and Sedway Cooke Associates, 240 North Washington Blvd., Sui te 313, Sarasota, Florida 33577, hereinafter referred to as "CONSULTANTS". WIT N E SSE T H: WHEREAS, the COUNTY desires to develop a Community Plan for Big Pine Key and the Big Pine Key Area of Critical County Con- cern hereinafter "BPKACCC" , regarding the development in the Big Pine Key area; and WHEREAS, the CONSULTANTS represent that they are profession- ally qualified to produce such a plan for subsequent legislative adoption by Monroe County; and WHEREAS, the COUNTY desires to employ the CONSULTANT to produce such a plan; NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter contained, the COUNTY does hereby employ the CONSULTANT and the CONSULTANT hereby accepts the employment with the conditions and covenants which follow. Article I - Financing Section 1. --~-_._~-- The funding for the services required under this contract shall be provided to the CONSULTANT in the amount of $68,000; $30,000 of that amount shall be provided by the COUNTY through Monroe County Growth Management Dep.artment's (hereinafter referred to as "DEPARTMENT") DCA assisti'lhce grant; the remaining $38,000 shall be provided through DEPARTMENT funds. The County shall not be obligated to compensate the CONSULTANT beyond the $68,000; except as a mutu~lly agreeGil upon amendment to this . contract for additional professional .. services not described in Article II, Section I, Scope of Professional Services and as provided in Article V, Section 1 of thi s Contract. All payments shall be made according to the schedules described in Article III of this Contract. b~ticLe~I - Scope of Professional Services Section 1. n __.__~ _____._ The CONSULTANT agrees to provide professional services in accord with the following requirements a) Task 1.0: Project Organization. i) Task 1.1 Organizational Meeting. The CONSULTANT shall initiate a workshop with members of the project team and the staff of applicable County Departments. Thi s meeting should include, but not be limited to representatives from the National Key Deer Refuge (U.S. Fish and Wildlife Service), The Monroe County Land Authority, and Florida Game and Freshwater Fish Commission. The meeting will serve the purposes of, but not be limited to: 1. Organizing and structuring the project team; 2. Scheduling work assignments and production; 3. Establishing operational procedures; 4. Establishing contacts for information exchange; and 5. Soliciting ideas about addressing major issues. The CONSULTANT shall assist in the creation of an - Ad-Hoc Technical Committee in order to facilitate . intergovernmental and interjurisdictional cooperation . between the various agencies which have an interest in 2 .. the issues and outcome of the plan. Should the County determine that creation of this committee will not serve the objectives and goals of this project, then the CONSULTANT is under no obligation to create the Technical Committee otherwise. ii) Task 1.2: Collection of Existing Materials. The CONSULTANT will be responsible for the collec- tion of all existing and available base maps, aerial photos, relevant background data concerning building permi ts, issuance of Certi ficates of Occupancy, occur- rence of electric and water lines, critical deer habi- tat, community character, existing conditions (both native and man-made), development patterns and density, population census, traffic circulation, and capital improvements. Such collection of information shall be as broadly conceived as possible in order to fulfill the requirements of this contract, but shall be limited to the four major product areas identified in the Re- quest for Proposals which brought about the acceptance of the CONSULTANT and creation of this contract. The four products are: 1. Production of a projection analysis of growth trends and patterns in Big Pine Key over a twenty year horizon. 2. Production of a traffic impact analysi s for Big Pine Key proj ected over' a twenty (20) year horizon. 3. Production of a property tax impact analysis for Monroe County as it relates to Big Pine Key . and the acquiaition of rands on that key for con- . servation purposes. 3 . 4. Production of an analysis of the need for in- frastructure and capital facilities improvements for Big Pine Key projected over a twenty (20) year horizon. The CONSULTANT will work with County staff to organize the information gathered into a coherent comprehensive library of reLevant data on the Big Pine Key area. This will be formatted in accordance with library facil- ities already established with the County. iii) Task 1.3: Preparation of Project Area Base Maps. The CONSULTANT shall prepare project area base maps using available information provided by the County and other sources. Each base map shall be developed at two scales; one scale appropriate for public presenta- tion and one scale appropriate for promulgation in work- ing papers, planning documents, and the final product adopted into the Comprehensive Plan and Development Regulations. The CONSULTANT will be principally re- sponsible for the professional preparation and finish- ing of these maps. iv) Task 1.4: Establish Public Participation Schedule. Before, during or upon completion of Task 1 (Arti- cle II, Section l(a) the CONSULTANT will establish in cooperation with County staff a schedule and target dates for public workshops which will be an integral part of this project and the requirements of this Con- tract. The framework of this pchedule will establish the intent and focus of each public workshop contemplat- ed. v) Task 1.0 Work P:roducts -. .. 1. Organization Workshop with County staff; 4 .. 2. Creation of Resource Library of Existing Materials; 3. Project Area Base Maps; 4. Community Participation Schedule and Framework. b) Task 2.0: Inventory and Data Preparation. 1) Task 2.1: Overlay Mapping. The CONSULTANT will prepare a series of overlay maps prepared to identify existing characteristics of the Big Pine Key study area. These may be prepared as acetate overlays to the area base maps, but, shall be reproducible on appropriate base maps for blue or black line printing and promulgation in the various working papers, planning documents, and revisions to the Compre- hensi ve Plan and Land Development Regulations. The individual overlays will be designed to be placed di- rectly on the appropriate base map in order to provide a visual composite of baseline conditions. It is con- templated that the overlay map series will consist of the following: 1. Existing Vegetative Conditions; 2. Existing Land Use Conditions; 3. Critical Deer Habitat Areas; 4. Community Character; 5. Comprehensive Land Use Districts (existing and proposed); 6. Existing Subdivisions; 7. Percentages of Develope? Lands; 8. Density Di stributionj . . 8. 9. Traffic Circulation Patterns (based on relative numeric values in trip generation); 10. Existing I~frastructure and Capital . Facilities. 5 . County staff shall provide the information for these maps; the CONSULTANT shall be responsible for modification of information, refinement for mapping, and professional preparation. ii) Task 2.2: Population and Housing Units The CONSULTANT will identify both seasonal and residential population values for Big Pine Key. They will provide housing unit type as a part of this analysis and assess household make-up. Notwithstanding other sources the CONSULTANT will use existing census information, Comprehensive Plan, planning area data, and building permit data to assess this portion of the project. iii) Task 2.3: Nonresidential Development. The CONSULTANT will compile information concerning commercial and industrial development on Big Pine Key. This information will be summarized by type, square footage, land area, floor area ratio, and zoning (including nonconforming zoning) . Quantities of developed and undeveloped land iv) Task 2.4: Transportation. The CONSULTANT will consider major arterial and access roads including U.S. Highway 1, Key Deer Boulevard, Wi lder Road, Watson Road, Ships Way, Yacht Club Drive, Avenue B (Palm Villa Subdivision), Old County Road 4A, and Matthew Road during all phases of the transportation study. The qONSULTANT will consider key intersections for each rqad. These will include intersections at U. S. 1, Key Deer Boulevard and Wi Ider Road, U,S. 1 and Ships Way, U.S. 1 and Industrial Avenue, U. S. 1 and Big Pin't,. Ave connctions, U. S. 1 . and Watson and Key Deer Boulevard, Watson Road, Matthew 6 .. Road and Avenue B (Palm Villa subdivision), Key Deer Boulevard,Miami Avenue, and Big Pine Street. The CONSULTANT will collect available traffic data and counts from the COUNTY and Florida Department of Transportation. The CONSULTANT will provide an inventory of the physical character of identified arterial and collector roads in Big Pine Key to document the 'pavement type, width, condition, and right-of-way width. The CONSULTANT will quantify travel by mode, provide average daily and peak hour traffic counts on the identified arterial and collector roads as it relates to seasonal and peak hour use. Since traffic data taken during the months of the study will not represent seasonal use, the CONSULTANT will be required to review available seasonal counts or provide a basis for estimating such counts through quantification of seasonal water and electric use and Municipal Service District "tipping" fees. The COUNTY will assist in the collection of any additional traffic counts and turn ??? deemed necessary by the CONSULTANT or the COUNTY to fulfill the requi rements of thi s Contract. It is anticipated that as many as twenty (20) addi tional traffic counts and six to eight (6-8) turn ??? v) Task 2.5: Property Tax Data. The CONSULTANT shall collect existing tax data, including, but not limited to, assessed property valuation, Municipal Service District assessments, and special taxing district asses~ents. Millage rates will be identified. The CONSULTANT will calculate existing property - tax revenues on private properties within Big Pine Key based on the ad .valorem tax rate. Data will be . 7 ... compiled by property type (unimproved, improved, undeveloped, developed, and use). vi) Task 2.6: Infrastructure and Capital Facilities. The CONSULTANT will collect information and create an inventory of existing capital and public facilities. Current constraints on water and electricity will be identified. Location and concentration of septic systems and capacity and treatment type of all package plants shall be inventoried. Available water quality data will be compiled. Public buildings and facilities such as schools, libraries, fire and sheriff stations, civil defense shelters, park and recreation areas, animal shel ters, and communi ty centers shall be inventoried and their general characteristics and capacities established. vii) Task 2.7: Interjurisdictional Coordination. The CONSULTANT will establish an inventory of all public, semi-public, and nonprofi t organizations that have an interest in the outcome of the Community Plan or that have some level of regulatory control over all or part of the Big Pine Key area. Their positions on how the Big Pine Key area should be managed will be documented, their regulatory powers and programs affecting the area will be summarized, and their assigned responsibi Ii ties relative to the area wi 11 be identified. The principal reasohs for this are to insure that the Community Plan ~omplies with the legal requirements established by other governmental enti ties, to identify existing or proposed programs, - - and to help secure the ~pproval of these agencies as improvements and management -plans recommended by the . Community Plan are implemented. 8 .. viii) Task 2.0 Work Products. 1. Progress report providing concise and coherent compilation of baseline data and an assessment of deficiencies. 2. Presentation of the overlay map series (ten fl0} overlays anticipated and required) c) Task 3.0: Analysis and Evaluation. i) Task 3.1: Growth and Development Patterns. The CONSULTANT will provide an analysis of historical growth patterns, rate of growth, composition and distribution. ii) Task 3.2: Transportation. iii) Task 3.3: Tax Impact Analysis. The CONSULTANT will undertake an analysis of tax impacts responsive to each of the growth scenarios prepared as a part of Task 4.1 (Article II, Section 1 d) i)). The analysis will recognize future projected rates of development for residential and nonresidential land use types. The CONSULTANT will assess the current and future impact of development on capital facilities costs as well. The general emphasis of the assignment will be to delineate potential declines in the tax base as lands go to public ownership and are eliminated from the tax roles. The CONSULTANT will take into account any other additive or offsetting County costs (such as resul ting proj ected changes in capital outlay costs) which would be anticipated to increase or decrease as a result of public acquisition. iv) Task 3.4: Infrastructure and Capital Facilities. - Based on the inve?tory required in Task 2.6 . (Article II, Section 1 c)~ the Consultants shall . identify the character of these facilities and evaluate 9 .. their adequacy. The analysis will include a measure of exi sting capaci ty and deficiencies in each faci li ty, and will identify the improvements needed to bring these facilities up to recommended service levels. Utili ty and facility plans and maps will be analyzed. Capital improvements plans will be reviewed. Level of service standards will be determined through interviews wi th County staff, through research or standards applied in other jurisdictions, and through application of generally accepted service standards for each utility or facility. The Infrastructure and Capital Facilities Analysis wi 11 structured to identi fy thresholds at which maj or capital improvements are required. In thi s analysi s, consideration will be provided for the growth scenarios required in Task 4.1 (Article II, Section I, d) i)) of this Contract. The need for water and wastewater improvements will identified as a part of the work effort in this section. The identification of transportation improvements will result from the transportation analysi s which wi 11 serve as input to the Infrastructure and Capital Facilities Plan Analysis. The analysis will indicate whether improvements are needed a primary result of Big Pine Key area development or whether all or a portion of an improvement is required as a result of growth in adjacent communities. The Consultant shall carry out a wastewater treatment analysis which compares existing sewage treatment methodology with that ,of a centralized system and other reasonable alternatives. The wastewater facili ty analysis will assess the cost and feasibility of constructing a centralized sewer treatment facility to replace individual . reS'idential and commercial . package plants on the Key. Assessment of alternatives 10 . should include a consideration of individual sewage treatment units which may act to minimize septic leachate while providing an economic basis for private construction and maintenance. A second component of the wastewater analysis will be the assessment of wastewater production proj ected from future growth proj ections. Thus, the facility required to accommodate the twenty year horizon goal should be anticipated to have sufficient capacity to accommodate projected future growth. Include in the al1alysis will be an estimate of potential water demand for each of the proposed land use scenarios identified as required in Task 4.1 Article II, Section 1 d) i). Water main extensions and the associated costs of the system within Big Pine Key will be provided. The wastewater section of the Contract requirements will include an estimate of the plant capaci ty required to accommodate existing uses and the estimated additional capacity required to serve future land use plans. Cost estimates for the collection system and the proposed plant type selected the County will also be included. The need for timing and cost of future roadway improvements will be based on the results of the transportation analysis and generalized roadway construction estimates available from the Florida Department of Transportation. v) Task 3.5: Community Workshop. . At least one community wor,kshop will be held for the purpose of presenting the' working papers and the overlay series for Task 2.1 and Tasks 3.1 through 3.4. The workshop will be designed to encourage community participation in t~e preparat~on of the draft plan and . to identify key issues or concerns that can be 11 .. incorporated into the Alternative Concept Plans of Task 4.1 (Article II, Section 1 d) 1)). vi) Task 3.0 Work Products. 1. Working Paper on Growth and Development Patterns 2. Working Paper on Traffic Impact Analysis 3 . Working Paper on Property Tax Impact Analysis 4. Working Paper on Infrastructure and Capital Facilities 5. Attendance at at least one (1) community workshop d) Task 4.0: Alternative Land Use Plan and Draft Plan. i) Task 4.1: Alternative Concept Plans The Consultant will develop three (3) alternative concept plans based on the inventory and analysis conducted as a part of Tasks 2.0 and 3.0 (Article II, Section 1 b) and c)). The concept plans will be designed to fit the overlay series required in Task 2.1 (Article II, Section 1 b) i)). Special emphasis will be given to protecting the habitat of the Key Deer at the same time accommodating expectations of growth and development. the concept plans will reflect differing arrangements of projected land use and development patterns, protection of environmental resources and habitat, traffic and transportation improvements and capital facilities and infrastructure needs. Explicit in each alternative will be . varied assumptions concerning: 1. Overall growth and development; 2. Potential impact and growth on the Key Deer; 3. Di stribu~ion of papulation, housing units, . density and land use; 12 .. 4. Generation and distribution of future traffic; 5. Investment expectations of property owners; 6. The extent of public utility and capital facility improvements; and 7. Potential TDR transfer and receiver sites. Accompanying each alternative will be tabular summaries of the level of growth and descriptions of the key features of each al ternati ve. The impact of the alternative land use plans on the habitat and population of the Key Deer will be assessed. The relationship of the plans to other planning efforts of the County and the public, semi-public, and not for profit agencies will be explained. ii) Task 4.2: Administrative Draft Report. The Consultant will prepare an Administrative Draft Report for review by the County staff. thi s report will present the alternative land use plans in quali tati ve and quanti tati ve terms. The report wi 11 not recommend the selection of a particular al ternati ve. the selection will be determined through workshops with staff and the community, iii) Task 4.3: Community Workshop. The Administrative Draft Report and alternative land use plans will be presented to the community at a workshop by the County staff and the Consultant. Land owners, residents, and interested citizens will have an opportunity to review the re~ort and plans and to recommend which plan they .prefer. comments and recommendation will be incorporated by the Consultants into the Community Plan noted in Task 4.4 (Article II, Section 1 d) iv)). .. . 13 . iv) Task 4.4: Draft Community Plan. Upon selection of the preferred al ternati ve plan and based on comments received from County staff, the Consultant will prepare the Draft Community Plan. The Draft Plan will incorporate the inventory and analysis conducted in Tasks 2.0 and 3.0 (Article II, Section 1 b) and c)). Recommended goals, objectives, and policies ~ill be formulated to provide the framework for decision making. Interagency and jurisdictional management approaches will be identified which insure close cooperation and establish responsibility for plan coordination and implementation. Implementation strategies or programs will be identified for public and capital facilities, acquisition areas, TDRs, land assembly funding. The pertinent traffic and transportation findings and improvement regulations for the preferred land use plan will be summarized by the Consultant. This document wi 11 roadway and include summaries of existing and future intersection volumes, capacities, and levels of service. Based on these data, the Consultant will make recommendations for both current and future year roadway improvements. the need for new roads and Recommendations regarding location of bicycle and pedestrian paths will be included. v) Task 4.0 Work Products. 1. Three (3) Alternative Concept Plans 2. Administrative Draft Report 3. Attendance at one (1) C9mmunity Workshop 4. Draft Community Plan e) Task 5.0: Public Hearings.- .. . i) Task 5.1: Public Hearings. 14 .. The Draft Community Plan, supporting documents and the selected land use plan will be presented to the Development Review Committee, Planning Commission, and the Board of County Commissioners. Two (2) public hearings will be held to solicit community input, respond to questions raised by the public, poberty owners, and interested citizens, and to receive suggestions for. modifications or revisions. ii) Task 5.0 Work Products 1. Presentation to Development Review Committee, Planning Commission, and County Commission. 2. Attendance at two (2) public hearings (The possibility exists that one of these will be sifted to provide additional attendance at public workshops) f) Task 6.0: Final Plan. i) Task 6.1: Final Plan. Based on the public hearings and comments received, the Final Plan will be prepared by the Consultant, incorporating the changes and modifications recommended by staff and the Board of County Commissioners. ii) Task 6.0 Work Products. 1. Preparation of Final Big Pine Key Community Plan for adoption into .the Monroe County Comprehensive Plan and . Land Development Regulations. Section 2. Notice to Proceea The CONSULTANT shall commence rehpering those professional . services described as Tasks 1 through 6, Article II, Section 1, 15 .. upon consummation of this Contract between the COUNTY and the CONSULTANT and upon consummation of any and all subcontracts between the CONSULTANT and Greiner, Inc. or Laventhal and Horwath. I f such subcontracts are not consummated wi thin a reasonable time and prior to August IS, 1988, the COUNTY shall reserve the right to invalidate this contract. Section 3. -...."'..-----.-- Work Schedule. The Consultants shall adhere to the following work schedule: a) Completion of Task 1.~, (Article I I , Section 1 a) i)) shall be no later than August IS, 1988. b) Completion of Task 1.2 (Article II, Section 1 a) ii)) shall be no later than August IS, 1988. c) Completion of Task 1.3 (Article II, Section 1 a) iii)) shall be no later than September I, 1988. d) Completion of Task 1.4 (Article II, Section 1 a) iv)) shall be no later than September IS, 1988. e) Completion of Task 2.1 (Artic Ie I I, Section 1 b) i)) shall be no later than September I, 1988. f) Completion of Task 2.2 (Article II, Section 1 b) ii)) shall be no later than September I, 1988. g) Completion of Task 2.3 (Artic Ie I I, Section 1 b) iii)) shall be no later than September I, 1988. h) Completion of Task 2.4 (Article II, Section 1 b) iv)) shall be no later than September I, 1988. i) Completion of Task 2.5 (Article I I, Section 1 b) v)) shall be no later than September I, 1988. j) Completion of Task 2.5 (Article II, Section 1 b) v)) shall be no later than September I, 1988 k) Completion of Task 2.6 (Article II, Section 1 b) vi)) shall be no later than September I, 1988. - - 1) Completion of Task 2.7 (~rticle II, Section 1 b) vii)) . shall be no later than September 1,..1988. . 16 ... m) Completion of Task 3.1 (Artic Ie I I , Section 1 c) i)) shall be no later than October 7, 1988. n) Completion of Task 3.2 (Article I I, Section 1 c) ii)) shall be no later than October 7, 1988. 0) Completion of Task 3.3 (Article I I, Section 1 c) iii)) shall be no later than October 7, 1988. p) Completion of Task 3.4 (Article II, Section 1 c) iv)) shall be no later than October 7, 1988. q) Completion of Task 3.5 (Artic Ie I I, Section 1 c) v)) shall be no later than October 15, 1988. r) Completion of Task 4.] (Article I I, Section 1 d) i)) shall be no later than November 15, 1988. s) Completion of Task 4.2 (Article II, Section 1 d) ii)) shall be no later than December 1, 1988. t) Completion of Task 4.3 (Article II, Section 1 d) iii)) shall be no later than December 15, 1988. u) Completion of Task 4.4 (Artic Ie I I , Section 1 d) i v) ) shall be no later than January 7, 1988. v) Completion of Task 5.1 (Artic Ie II, Section 1 e) i)) shall be no later than March 31, 1988. w) Completion of Task 6.1 (Article I I, Section 1 f) i)) shall be no later than April 30, 1988. The above described work schedule may be updated periodically as necessitated by any factors that occur which materially change the conditions affecting the work schedule and are beyond the CONSULTANT control. The above described work schedule shall only be amended by the written approval of the County Director of Planning. Failure on the part of the CONSULTANT to adhere to the above described or amended work schedule, whichever is applicable, shaLl. be sufficient grounds for termination by the County Any amendment to the scope of services, however, shall re- - quire the approval of the Board of County Commissioners of Monroe County, Florida. -. . 17 .. Section 4. Reviews. To assure that progress on the work schedule is acceptable to the COUNTY before the CONSULTANT incur unnecessary expenses, the CONSULTANT shall submit to the COUNTY, when so requested by the County Planning Director, two copies of a report outlining the progress on any of the tasks described in this contract. Section 5. Unless otherwise noted in the notice to proceed, the COUNTY contact and project manager shall be the Planning Director. The CONSULTANT contact and project manager shall be Paul Stewart. Ei ther party shall promptly notify the other in writing when circumstances require a change in project managers. Section 6. The CONSULTANT shall not enter into any subcontracts for the work described in this Contract without the written consent of the COUNTY except that the professional services of Greiner, Inc. and Laventhol and Horwath may be utilized by the CONSULTANT without any further consent, written or otherwise, from the COUNTY. bxt:..t,g-l_~__Ul-=-:E9-..YI!L~n t :f 0 r_S e rv ice s Section 1. .~_..-.-~-. -..----.. --~-~- Total Payment. In consideration of the performance of all the services de- scribed in Article 2 of this Contract, the COUNTY shall pay the CONSULTANT $68,000 in the individual amounts specified below which shall constitute full and complete payment for all services required to be performed under the terms of this Con- tract. Such amount shall also include PClyment for all reimburs- able expenses. Section 2. ----------- Partial Payment~. .. . 18 .. a) Upon completion of Task 1.0 and submission or completion of the required work products the County shall pay the Consultants $3,000. b) Upon completion of Task 2.0 and submission or completion of all required work products the County shall pay the Consultants $21,000. c) Upon completion of Task 3.0 and submission or completion of the required work, products the County will pay the Consultants $20,100. d) Upon completion of Task 4.0 and submission or completion of the required work products the County will pay the Consultants $20,500. e) Upon completion of Task 5.0 and submission or completion of all required work products the County will pay the Consultants $2,200. f) Upon completion of Task 6.0 and submission or completion of all required work products the county will pay the Consultants 1,200. Section 3. Method of Payment Following the completion of a task, the submission to the COUNTY Planning Director of any work product(s) required by the task, and the acceptance by the Planning Director of the work product(s) and services rendered as meeting the requirements of this Contract's scope of services, the CONSULTANT will submit an invoice in the amount appropriate according to the above schedule for the task to the County Planning Director. The Consultants may provide invoices for payment on a monthly basis if they desire. Payments for that month will not exceed payment requi rements for each task submitted to, that date. Payment by the County shall be made within 30 days .of the submission. Section 4. - - Accounting and Records. Records of the CONSULT{\NT's direct personnel payroll and . reimbursable expenses pertaining to this Contract and records of 19 .. accounts between the COUNTY and the CONSULTANT shall be kept on a generally recognized accounting basis and shall be available to the COUNTY or an authorized representative during regular business hours. Reimbursable expenses shall include general travel expenses, hotel expenses, meals, and long distance tele- phone expenses. Article IV, - County Responsibilities Section 1. The COUNTY will furnish the CONSULTANT, when feasible, at no cost to the CONSULTANT, the following informa- tion or services: Copies of any available maps, records, contracts, policy statements, land development regulations or other ordinances, comprehensive land plan sections, resolutions, existing relevant studies in the COUNTY possession, or other data pertinent to the work, and all other available information data relative to COUN- TY policies, standards or criteria. In addition, where County staff undertakes traffic studies or other field related assessments in compliance with Contract requirements shall be at the expense of the County. County staff shall be available to the Consultants during normal working hours for advice and consul tation on matters relating to tasks in this Contract 's scope of services. The COUNTY staff shall also schedule, set up and notice the public hearings which are its responsibility under tasks ???? (contract paragraphs Art. II, Sec. 1 [a-f}). Article V - Curtailment and Termination. Section 1. Modification of Project. Additions to, modifications, or deletions from the scope of services outlined in Article 2 may be made by the COUNTY, and the compensation to be paid to the CONSULTANT may be adjusted accordingly by mutual agree~ent of th~ parties. Change orders, . excluding completion date changes, will not be effective until 20 .. approved by the Board of County Commissioners of Monroe County, Florida. It is distinctly understood and agreed that no claim for extra work done or materials furnished by the CONSULTANT wi 11 be allowed by the COUNTY except as provided herein, nor shall the CONSULTANT do any work or furnish any materials not covered by this Contract unless such work is first authorized in wri ting by change order. Any such work or materials furnished by the CONSULTANT without such written authorization first being given shall be at their own risk, cost, and expense, and the CONSULTANT hereby agree that without such written authorization, that they will make no claim for compensation for such work or materials furnished. Section 2. Curtailment or Termination of Services. Except as it may be restricted by Art. 1 and Art. 2, Sec. 2, the COUNTY and the CONSULTANT hereby agree to the full perfor- mance of the covenants contained herein. The COUNTY reserves the right, at its discretion, to terminate or curtail the servic- es provided in this Contract for any misfeasance, malfeasance or nonperformance of the Contract by the CONSULTANT. In the event the COUNTY shall terminate or curtail the ser- vices or any part of the services of the Contract after the ap- propriate go head of Art. 2, Sec. 2 has occurred, the COUNTY shall notify the CONSULTANT in writing and the CONSULTANT shall discontinue performing the services under this Contract thirty (30) days after receipt of such notice. Where such termination is due to negligent performance or failure to perform the Contract, the CONSULTANT will be liable to the COUNTY for damag- es caused thereby, and all sums due the CONSULTANT shall be stopped. Upon such termination, the CONSULTANT shall deliver to the , COUNTY all drawings, illustrations, te?{t, data and other docu- ments entirely or partially completed, together with all unused materials supplied by the COUNTY. Upon termination, the ~ONSULTANT.. shall appraise the work . they have completed and submit their appraisal to the COUNTY for 21 .. their evaluation and determination of payment as herein de- scribed. The CONSULTANT shall receive their compensation in full for services performed to the date of such termination or curtail- ment. This payment shall consist of the appropriate percentage of the total compensation for the task satisfactorily completed as described in Article 2, and shall be in the amount to be agreed mutually by the CONSULTANT and the COUNTY. If there is no mutual agreement, the CONSULTANT shall provide the COUNTY wi th records, and the COUNTY wi 11 employ the same method used for additional work as a guide in the final determination. The COUNTY shall make this final payment within sixty (60) days af- ter the CONSULTANT have delivered the last of the partially completed documents together with any records that may be re- qui red to determine the amount due, unless either party has served the other with a written request to arbitrate a dispute. When the work is terminated because of Art. I, or Art. 2, Sec. 2, or by mutual consent or when the termination is due to negligent performance or failure to perform the Contract, there shall be no limitation upon the COUNTY as to the subsequent use of documents or ideas incorporated therein for the preparation of final studies, plans and/or documents, and the COUNTY re- serves the right after thirty (30) days following a written ter- mination notice to the CONSULTANT, to take over the services and follow them to completion by contract with others, or otherwise. Article VI - Miscellaneous Provisions. Section 1. ----------------- Non-discrimination. The CONSULTANT agrees that it will not discriminate against any of their employees or applicants for employment because of their race, color, religion, sex, or national origin, and to abide by all Federal and State laws regarding non-discrimination. The CONSULTANT fupther agrees to insert the . foregoing provisions in all subcontracts hereunder, except 22 .. subcontracts for standard commercial supplies or raw materials. Any violation of such provi sions shall constitute a material breach of this Contract. Section 2. Arbitration of Disputes. Any dispute arising under this Contract which is not settled by the COUNTY and the CONSULTANT in ten (10) days shall be de- cided by an arbi tration board composed of a representative of the COUNTY, a representative of the CONSULTANT, and a represen- tative mutually acceptable to the COUNTY and the CONSULTANT. The CONSULTANT shall continue 't-o render all services requested in this Contract without interruption, notwithstanding the provisions of this section. Section 3. Ownership of Documents. All documents including, but not limited to, tracings, draw- i ngs , illustrations, estimates, field notes, investigations, design analysis, studies, and other data or documents which are obtained or prepared in the performance of this Contract are to be and will remain the property of the COUNTY and are to be de- livered to the Director of Planning before the final payment is madp to the CONSULTANT. The CONSULTANT may retain originals and prepare copies of any of these documents for the COUNTY provided the copies are produced at the CONSULTANTS' own expense. Section 4. -~----- Camera-Ready Originals. The CONSULTANT will provide the COUNTY with two camera-ready originals or easily reproducible copies of any documents produced pursuant to this Contract. These will be provided when documents are necessary for public dissemination. Secti_on_5~ Assignment of Contract. - - This Contract shall not be a~signable in whole or in part . without the written consent.of the pa~ties hereto, and it shall 23 . extend to and be binding upon the heirs, administrators, executors, successors and assigns of the parties hereto. Section 6. Anti-kickback. The CONSULTANT warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contin- gent fee and that no member of the COUNTY has any interest, fi- nancially or otherwise, in the CONSULTANT or its subcontrac- tors. For breach or violation of this warranty, the COUNTY shall have the right to annul this Contract without liability or, in its di scretion, to deduct from the Contract price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. Section 7. -~--,------ ------ Department of Community Affairs Contract. The CONSULTANT hereby understands that they are bound by all contracts between the COUNTY and the Department of Community Affairs which serve to provide funding for this project. Section 8. -~-------- Claims. The CONSULTANT agrees to hold harmless and indemnify the COUNTY and the Department of Community Affairs against all claims of whatever nature arising out of the performance of work under this Contract whether in contract, tort or otherwise and whether claimed by third parties or the CONSULTANT themselves. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date and year first written above. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By, Mayor/Chairman (SEAL) Attest: -. 24 .. Clerk Witness Witness SEDWAY COOKE ASSOCIATES By Title .. . 25 ..