Resolution 090-1987
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RESOLUTION NO. 090-1987
A RESOLUTION AUTHORIZING THE MAYOR TO
EXECUTE ON BEHALF OF MONROE COUNTY AN
INTERLOCAL AGREEMENT WITH THE FLORIDA
KEYS AQUEDUCT AUTHORITY FOR MAPPING WORK
WHEREAS, the Department of Community Affairs,
State of Florida, has funding available for the refine-
ment of Monroe County's Land Use District maps; and
WHEREAS, it is desired to take advantage of such
funding; and
WHEREAS, Monroe County desires to establish a
computer-based mapping system to more effectively con-
duct the County's development review and planning func-
tions; and
WHEREAS, Monroe County desires to purchase the
rights to use the FKAA base map; and
WHEREAS, Monroe County desires to add an overlay
of their Land Use Districts on the base maps; and
WHEREAS, the FKAA is professionally qualified to
conduct such work and the County and the FKAA have
negotiated a mutually acceptable agreement with FKAA
for the work; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSION-
ERS OF MONROE COUNTY, FLORIDA, as follows:
The Mayor of Monroe County, Florida, is hereby
authorized to sign and execute, on behalf of Monroe
County, an interlocal agreement with the Florida Keys
Aqueduct Authority whereby FKAA shall perform certain
mapping tasks and Monroe County shall fund those tasks
in an amount not to exceed $116,700.00.
This resolu-
tion shall serve to rescind Resolution No. 368-1986
and the accompanying interlocal agreement. The
attached interlocal
agreement
shall
serve
as
a
replacement for said previous agreement.
PASSED AND ADOPTED by the Board of County Commis-
sioners of Monroe County, Florida, at a regular meet-
ing of
said Board on the
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day of
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, A.D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BY: ~ / I j ,,-
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Mayor
( SEAL) DANNY L. KOLHAGE, Clerk
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INTERLOCAL AGREEMENT
Pursuant to F. S. 163.01, thi s interloca1 agree-
ment is entered into on the day of
1987, between MONROE COUNTY, a
political subdivision of the State of Florida, herein-
after referred to as County, and the FLORIDA KEYS AQUE-
DUCT AUTHORITY, an agency created pursuant to Chapter
76-441, Laws of Florida, hereinafter referred to as
FKAA, the parties mutually agreeing and covenanting as
follows:
WHEREAS, FKAA has caused to be produced a base
map of the Florida Keys (indicating property lines,
subdivision, lot and block numbers, street names and
geographic boundaries) utilizing computer aided draft-
ing (CAD); and
WHEREAS, thi s base map could be used by other
agencies and utilities in preparing maps particular to
those agencies and utilities; and
WHEREAS, it is beneficial for both the FKAA and
Monroe County to use a common base map; and
WHEREAS, Monroe County desires to utilize this
CAD prepared base map; and
WHEREAS, Monroe County desires to digitize their
Land Use District maps as overlays on the base map;
NOW, THEREFORE, the parties mutually agree and
covenant to the following terms:
I. Covenant for Service
The County does hereby retain the FKAA to perform
the services described herein and the FKAA does hereby
agree to perform such services under the terms and
conditions set forth in this agreement.
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II. Availability of Funds
All payments due FKAA are to be paid out of state
funds. Monroe County shall not be liable for any pay-
ment until the release of the authorized appropria-
tions from the Area of Critical State Concern Trust
Fund. Regardless, in the event that state funds are
not available or sufficient, Monroe County agrees to
make up the difference from the existing Planning
Department computer budget.
III. Definition, Scope and Quality of Service
(A) Intent of the Agreement
The FKAA agrees, under the terms and condi-
tions of this agreement and the applicable state and
local laws and regulations, to undertake, perform, and
complete the tasks listed below which will help ensure
successful implementation of the Monroe County Compre-
hensive Land Use Plan and Land Development Regulations.
(B) Scope of Services and Schedule of Deliver-
abIes
The FKAA agrees to complete the tasks listed
below at a total cost not to exceed $116,700:
1. FKAA hereby agrees to allow Monroe County to
utilize the Computer Aided Drafting (hereinafter
CAD) prepared base maps for a lump sum fee not to
exceed $55,500 (which is equal to one-third of
FKAA's cost to prepare said base maps). Said fee
is to be finally determined upon completion of
the base map. If, in the future, FKAA is able to
encourage other parties to purchase the right to
utilize the base map, any costs recovered beyond
two-thirds of the total cost to prepare said base
map shall be shared on an equi table basi s wi th
Monroe County.
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2. FKAA agrees to allow Monroe County to uti-
lize other CAD prepared information on these base
maps specific to the FKAA utility operation at no
charge.
3. Monroe County agrees to allow FKAA to uti-
lize any maps or computer memory which Monroe
County causes to be prepared utilizing the CAD
base map at no charge.
4. Neither party shall make representations to
any third person regarding the designations or
depictions on overlay maps originally created for
the use of the other party, nor shall either par-
ty sell copies of such overlay maps without the
permission of the other party.
5. Monroe County agrees to participate with
FKAA in updating the CAD prepared base maps when-
ever said update is necessitated. Any fees or
terms of such update shall be mutually agreed
upon prior to said update being prepared.
6, Should Monroe County desire a copy of the
computer memory of these CAD prepared base maps,
Monroe County shall obtain such at Monroe Coun-
ty's sole cost for reproduction.
7. FKAA shall digitize for use by Monroe County
a CAD prepared overlay map of the Land Use Dis-
tricts from Key Largo to Stock Island. FKAA
shall provide a copy of the computer tape of the
Land Use District overlay.
8. FKAA shall provide one set of mylar maps
showing the Land Use Di stricts at a scale of 1
inch equals 600 feet. The maps shall show proper-
ty lines, section lines and numbers, major street
names where possible, mile markers along U.s. 1,
and land use district boundaries and designa-
tions. The cost of preparation of the overlay
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and plotting at 1 inch equals 600 feet shall not
exceed $18,170.00.
9. FKAA shall also provide one set of mylar
maps showing the Land Use Districts at a scale of
1 inch equals 200 feet. The maps shall show all
street names, subdivision names and all lot and
block numbers in addition to the items indicated
in Item 8 above. The cost of preparation of the
overlay and plotting at a scale of 1 inch equals
200 feet shall not exceed $42,830.00.
10. The completion of the Land Use District over-
lay maps shall be March 30, 1987. This schedule
is based upon FKAA's completion of the base maps
and upon prompt preparation of land use mark-ups
by Monroe County. Delays in base map preparation
or in Monroe County's preparation of land use
mark-ups will extend the schedule and may cause a
delay in completion.
11. The total cost of the base map and Land Use
District overlays shall not exceed $116,700.00.
12. In addition to the costs noted above, the
County shall pay the FKAA a lump sum fee of
$200.00 as consideration for the administration
of Tasks 7, 8, and 9 noted above.
IV. Consideration
As consideration for work satisfactorily
performed under this agreement, the County agrees to
pay an amount not to exceed $116,700 unless modified
by Amendment to the Interlocal Agreement.
V. Method of Payment
The maximum total expenditure authorized
under this agreement is $116,700 unless modified by
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amendment. The County agrees to pay the FI<AA upon
submittal of the proper documentation, as follows:
(A) Initial payment of $30,000 to the FI<AA upon
the signing of this agreement for use of
their base map;
(B) An additional payment of $3,000 for each of
the five service districts upon receipt of
the Land Use District map at 1" equals 600
feet (for a total of $15,000);
(C) An additional payment of $8,000 for each of
the five service districts upon receipt of
the Land Use District map at 1" equals 200
feet (for a total of $40,000);
(D) A final payment not to exceed $31,700 upon
the submittal and the County's final
acceptance of all deliverables contemplated
under this agreement.
VI. Receivables and Acceptances
If all required receivables, prescribed in
the scope of the services above, are not sent to
the County or are not completed in a manner ac-
ceptable to the County, the County shall withhold
further payments until they are completed and
accepted. The County has discretion to approve
or reject the receivables submitted to it pursu-
ant to this agreement. Within fifteen (15) work-
ing days after the County receives a receivable,
it will review the receivable and respond in writ-
ing to the Executive Director of the FKAA, either
approving the receivable or rejecting the receiv-
able and specifying the reasons for rejection.
The FKAA has twenty (20) working days after no-
tice of the reason for the County's rejecting the
receivable to correct and resubmit the receivable
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or receivables. "Acceptable to the County" means
that the work products and tasks are completed
and submitted as a professional product the con-
tents of which are consistent with the scope of
services.
It is especially understood and agreed that all
work performed hereunder will not be performed in
whole, or inpart, by the FKAA. It is further
understood and agreed that such work is being
made avai lable to the County at its request and
not for the benefit of FKAA and therefore, the
FKAA will in no way or manner be liable or respon-
sible to the County or any other party for any
loss or injury resulting from the performance of
such work or any loss or injury resulting from
the County's use of such work.
In addition, it is understood that these base
maps were prepared on the basis of information
compiled by others. They are intended to repre-
sent the relative location of a point or feature
with respect to other points or features on the
same map reather than the absolute or true ground
coordinate based location of map features. The
FKAA will not be responsible for any source docu-
ment errors or omissions in the information com-
piled by others which has been incorporated into
these maps.
VII. Audit Requirements
(A) The FKAA agrees to maintain adequate finan-
cial procedures and adequate support docu-
ments to account for the expenditure of
funds under this agreement.
(B) These records shall be available at all rea-
sonable times for inspection, review, or
audit by state personnel and other personnel
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duly authorized by the County. "Reasonable"
shall be construed according to circumstanc-
es, but ordinarily shall mean normal busi-
ness hours of 8:00 a.m. to 5:00 p.m., Local
Time, Monday through Friday.
(C) The FKAA shall also provide the County with
the records, reports or financial statements
upon request for the purposes of auditing
and monitoring the funds awarded under thi s
agreement. The Executive Director shall be
responsible for all document submittals.
All correspondence concerning this agreement
shall include the Director of Planning of
the County and the Executive Director of the
FKAA. For the purpose of this agreement,
the County Planning Director shall be the
County's responsible party with the FKAA.
VIII. Public Records
The FKAA shall allow public access to all
documents, reports, papers, letters or other mate-
rial, subject to the provision of Chapter 119,
Florida Statutes, prepared or received by the
County in conjunction with this agreement. It is
expressly understood that upon receipt of substan-
tial evidence of the FKAA's refusal to comply
wi th this provision, the County will have the
right to terminate this agreement for breach.
IX. Subcontracts
(A) If the FKAA subcontracts any or all of the
work required under this agreement, the FKAA
agrees to include in the subcontract that
the subcontractor is bound by the terms and
conditions of this agreement with the County,
(B) The FKAA agrees to include in the subcon-
tract that the subcontractor shall hold the
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County harmless against all claims of whatev-
er nature by the subcontractor arising out
of the performance of work under this agree-
ment.
(C) The County and the FKAA agree that both par-
ties are bound by the memorandum of agree-
ment found in Addendum A, unless otherwise
modified. Specific details in this
agreement shall control when they conflict
with general statements in Addendum A.
(D) Both parties further agree that any State
insti tution or agency may be subcontracted
wi th directly to perform the work tasks au-
thorized by this agreement.
X. Contract Term
(A) This agreement shall become effective on the
last date of signing by the parties in-
vol ved. No cost may be attributed to thi s
agreement prior to that date.
(B) Except as provided in Article I I I, Section
10, all activities performed pursuant to
this effort shall be completed on or before
March 30, 1987.
XI. Modification of this Agreement
Modification of the provisions of this agree-
ment, including any extension of the termination
of this agreement, shall only be valid when they
have been reduced to writing, duly signed by the
parties hereto, and attached to the original of
this agreement.
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This agreement contains all the conditions
and terms agreed upon by the parties.
Attached to this agreement is the following:
(1) copy of executed memorandum of agreement
between the County and the DCA entered into
on November 8, 1986. (see Addendum A)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
MAYOR
DATE:
ATTEST:
Danny L. Kolhage, Clerk
FLORIDA KEYS AQUEDUCT AUTHORITY
BY:
Bernard L. Shattner
Executive Director
DATE:
ATTEST:
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