Loading...
Resolution 368-1986 - . -. RESOLUTION NO. 368-1986 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 mapsj and WHEREAS, it is desired to take advantage of such fundingj 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- tionsj and WHEREAS, Monroe County desires to purchase the rights to use the FKAA base mapj and WHEREAS, Monroe County desires to add an overlay of their Land Use Districts on the base mapsj 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 workj 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 $110,000.00. PASSED AND ADOPTED by the Board of County Commis- sioners of Monroe County, Florida, at a regular meet- ing of said Board on the 1~ t:h _ UC'E. r ~_..,.. h ~ ,.. ,A . D . 1986 . day of BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~ ~,I/ -I,.t ~//') ~//"a . ' . .' . '.: , ,.' . . . , .,:.' -' ~. ( SEAL) DANNX L.. KOLHl\..GE) Clerk ATTEST, ~~ r /f::::l ~C Danny L. Kolhag ,Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY. BY Ca1u:Aq J: ~ Attorney's Office INTERLOCAL AGREEMENT Pursuant to F.S. 163.01, this interlocal agree- ment is entered into on the /'tA day of _7Jec...~ be,.. 1986, 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 I 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. 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 unti 1 the release of the authorized appropria- tions from the Area of Critical State Concern Trust Fund. III. Definition, Scope and Quality of Service (A) Intent of the Agreement The FKAA agrees, under the terms and condi- tions of thi s 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- ables The FKAA agrees to 'complete the tasks listed below at a total cost not to exceed $110,000: I 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 $49,000 (which is equal to one-third of FKAA's cost to prepare said base maps plus a fee for FKAA administration). Said fee is to be fi- nally determined upon completion of the base If, in the tuture, FKAA is able to encour- map. age other parties to purchase the right to uti- lize the base map, any costs recovered beyond two-thirds of the total cost to prepare said base map shall be shared on an equitable basis with Monroe County. 2. FKAA agrees t9 allow Monroe County to uti- lize other CAD prepared information on these base maps specific to the FKAA utility operation at no charge. 2 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. Nei ther 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 tlie CAD prepared base maps when- ever said update is necessi tated. 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 suc~ 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 Di s- 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 Districts 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 9f preparation of the overlay 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 incicated 3 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 no later than March 30, 1987. Delays by Monroe County in preparation of the markups necessary to create the Land Use District maps will affectthi's schedule. 11. The total cost of the base map and Land Use District overlays shall not exceed $110,000.00. IV. Consideration As consideration for work satisfactorily performed under this agreement, the County agrees to pay an amount not to exceed $110,000. V. Method of Payment The maximum total expenditure authorized under this agreement is $i10,000 ,and no amendment shall result in a greater expenditure. The County agrees to pay the FKAA upon submittal of the proper documentation, as follows: (A) Initial payment of $20,000 to the FKAA upon the signing of this agreement for use of their base map; (B) Five additional payments of $3,000 each upon receipt of the Land Use District map at 1" equals 600 feet for an individual service district; (C) Five additional payments of $8,000 each upon receipt of the Land Use Di strict map at 1" equals 200 feet for an individual service district; (0) A final payment not to exceed $35,000 upon the submi ttal and the County's final accep- tance of all deliverables contemplated under this agreement. 4 IV. Receivables and Acceptances I 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 , I receivable to correct and resub~it the receivable 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! consi stent wi th 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 available 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 respIting 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 5 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 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 moni toring 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 6 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 " I 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 me~orandum of agree- ment found in Addendum A, unless otherwise modified. (0) 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- volved. No cost may be attributed to this 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. The agreement shall termi- nate on the same date or upon the last pay- ment to the FKAA, whichever comes first. XI. Modification of this Agreement Modification of the provisions of this agree- ment, including any extension of the terrrination 7 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. XII. Terms and Conditions Nothing in thi~ agreement shall be construed to require FKAA performance on any of the tasks described herein if the funds specified in this agreement for that task are not avai lable from the DCA. The County likewise finds that nothing in this agreement shall be construed as a commit- ment for future funding. 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, Co~nty . and the DCA entered into on November 8, 1986. (see Addendum A) DANNX L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONER;; f. OF OE CO~ FLORIDA I ri'l .~ , . BY: / T~' .:pe.<:.~~ ~~.l ~J..1 fu. ATTEST: iJ.(', lerk FLORIDA KEYS AQUEDUCT AUTHORITY BY: Bernard L. Shattner Executive Director DATE: ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY. ""t"'\ BY 8 ','_,1. l)":. ~- :~;07 FLH ['1 ~ 1 El'lERCl IICiI'1T 144 PO:; ADDENDUM A .. ~~ . This agreement is bein9 entered into by and between the I " Depa.rtment of COl'M\unity Af'fairs (Oep&r~"t) and Monroe County (County) to provide for the implementation of th~ Mon~oe county Comprehensive Plan and land development re9ulations including a land use map in order to insure that future growth manage~ent in the Florida Keys will be coordinated, well planned and competently implemented. WHEREAS, the County has been declared an Area of critical state Concern pursuant to' Section 380.05, Florida Statutes, and therefore, has prepared, and submitted a Comprehensive Plan and land development re9ulat~ons approved by the DepartmBnt and the Administration Commission in accordance with Section 380.05, Florida Statutes. ~ I ~IEREAS, the 1986 Session of the Legislature provided an appropriation of $1,050,000 from the General Revenue Fund to the Area of Critical State Concern Trust Fund for implementation assistance for comprehensIve plans and land development ~egulations developed pursuant to and consistent with the area of critical state concern program within the Florida Keys area. WHEREAS, the county Commission approved and submitted to the Department its comprehensive plan and land development regulations in accordance with Section 163.3161, !i seq. and 380.05, Florida statutes1 on ,ebruary ZI, 1'86. WHEREAS, the Administrat~on Commission voted to accept these I ! documents, with changes, at its meeting of July 29, 1986, and subsequently established the effective date for the implementation of thia comprehenaive plan and land development requlati6fia a. september 15, 1986. (Hereinafter, as used in this I I agreement, the terms Monroe County Comprehensive Land Use Plan and Land Development Regulations refer to and shall be interpreted to mean the Monroe County Coaprehensive Plan. and Land Development Regula~ions adopted by Monroe County on Febr~ary 28, 1986 and adopted by the Adminiatration Commission on July 29, , r jCI" ,~"~, ~:08 FLH D II.' HERG "lGtn l~~ P04 1986, and which Plan and Re9\1lations became effective on September 15, 1986.) WHEREAS, both the Department and the County have committed to provide staff and resources to support this cooperative planning ef fort. NO\v, THEREFORE, THE DEPARTMENT AND THE COUNTY DO MUTUALLY AGREE AS FOLLOWS. I. Covenant for ~ervice The Depart~t does hereby retain the County to perform the services described herein and the County does hereby agree to perform such service. under the terms and conditions set forth in this agreement. II. Availability of Funds Payment of state funds pursuant to this agreement are subject to and conditioned upon the release of authorized appropriations from the Area of Critical State Concern Trust Fund. III. Definition, Scope and Quality of Service (A) Intent of the Agreement Tho County a,rees, under the terms and conditions of this agreement And the applicable state and local laws and regulations, to undertake, perform, and complete the six tasks listed below which will help ensure .uccessful implementation of , the Monroe County Comprehensive Land U.. Plan and Land Development RegUlations. (8) Scope of Service. and Schedule of Deliverables The County agrees to c~lete the six tasks listed be low: (1) Land U.e l!!!l_ '336.000 Theae fund. will be allocated for the below purpo.... (a) Fundin, to Cover .the implementation requir...nts of the Mon~oe County Comprehensive Land Use Plan and Land Development Regulations for .ervic::.s 'including transportation plann~ng, socio- t Ie)! I (!t~, . ,':::.:;, : FLH Og) EtfF'G ,'a1T 5 economic plannln9, Qeneral planning, environmental planning, environmental peraitting, and enforcement ot environmental regulations, secretarial assistance and civil engineering; (b) General administrative expenses, office expansion and outfitting authoriziA9 the County to expend funds to properly equip offices as needed to accommodate the planning. services described in (a) above. said outfittin9 may be used for office equipment, telephones, supplies, space rental and office renovations as needed; (c) Staff development in the form of funds distributed to specified positions of the Monroe County Plannin;, Building and Zoning Department (Planning Department) in existence on September 14, 1986. These ,funds are made available to recognize new responsibilities associated with the Monroe County I Comprehensive Land Use Plan and Land Development Regulations, subject to the approval of the Board of County commissioners. (d) overtime compensation in the form of funds made available !' to reco;nize ....1 tional hours required to as.ist iJlpleraentation of the in the Monroe County Coaprehenaive Land Use Plan and Land Development Re9ulations. These funds will be distribUted to the,ina~orB, buildirit/planning/aoning coordinators, secretari1s" aids and clerks positions within the Planning epartment for oa.pensation for all hours worked in addition to the normal 37-1/2 hour work week. The overtime rate of 1-1/2 times the employee'. ba.. rate of c~nsatlon will be the 4.terminlng rate of distribution of thes. t\1nds.' COIIp4Insation will be reflected in 'paychecks covering the period trOll the, execution 'of this aQre~t through September ...... '1 ~ ; .i~IJ I l~~r:. . ~'~. 14: 1 (1 FL~ ['11) HlEPG "&IT 1.l~ PO'; 30, 198~, ~n4 will be ~nted on forma provided by the County. (2) Monroe County COMPreh.n.~ ~ ~ Plan and Lnnd DeveloPlftent Reaulatlo", "finement: $3.59.000 In order to further the County's'compliance with the 1985 Growth Manage_at Act, the 1986 revisions to the act and the necessary update items identified by the Depart..nt in its review of the February 28, 1986 submittal made by the County, the County will complete the following activities: (a) Refine th~ land use district maps and the existing ! conditions maps froll tbe current scale of 1" = 600' to an improved scale of 1" ::: 200' in conjunction with the onvoing effort at the Monroe County Appra1ser's Office and provide the Department with one sepla/mylar original and one paper copr of each map .eries; (b) Reassess and refine using field collected data t from each habitat type the Habitat Evaluation Index (HEI) found in Volume 1 and Volume 2 of the Monroe County Comprehensive Land Use Plan and .... pl.-epare in report format a submittal to the County Commission for adoption consideration no later than the first .lx-month update of the Monroe County Comprehenalve Land Use Plan and Land Develo,..nt Regulation., (c) Review the .nvlronmen~.l performance standards estabIt.bed 1n Volume 3 of the Monroe County Comprehensive Land Use Plan's Land Development Re9ulatlon~ to e.tablish appropriate mitigation alterna~1ves for adoption consideration by the County Commis.1on durin9 the second six-month update of the Monroe County Comprehensive Land Use Plan, (d) Complete the conalderat1on for adoption as an amendMent. to the Monroe County Comprehensive Land ....".. , . ' ;i=11 lOr:. . <:>::. 14:'-' FLA (J I~) EI'ERG nC..I'lT 1~4 pn7 Use plan of the Marth Key ..reo Area of Critical county Concern and Habitat. Conservation Plan by the County rommission and prior to adoption, the County will prepare and sua-it or cause to be prepared and, subllitted, an application to the State of Florida for an area-wide Development of Regional Impact aa well a. an Environmental Impact statement) (e) subcontract for a traffic impact model capable of projecting future levels of service and road improvement costs compatible with the County's computer system -- sai4 -.del will be used as a basis for establishing compliance with the Monroe Coun~y comprehensive Land Use Plan's adequate facilities proviaions, and the Florida Department of Transportation will be requested to review and ComMent on all a.pects and phases involv1n9 t~e development of the model; (f) Complete the foeal point planning programs established for the Holiday Isle and Sunshine Key ^reas of Critical county Concern to replace the existin~., interim rules no later than the second six-month update of the Moftroe County Comprehen.ive Land U.. Plan; (9) Develop a usable procedure to re9ister fishermen According to the requir....t. of Volume 3, Section 9-225 of the Monroe County Comprehensive Land Use Plan's Lan! Development ",ulations within 90 days of September .5, 1986, (h) Develop a ~sab18 procedure for the registration of all non~conformin9 us.. DO later than the second six-month lupdate of the Monroe County Compreh.n~ive LaRd U.e Plan, (1) Develop and 1.plement a Transferable Development Righ,t acoounting prograM for use on the ~ounty's ~ . I:) , :,1 I -J6 'e~, l..P II FLH [11 U Ef'ERG r'1Gf'll l~~ PCi8 computer syst.. by the fi~.t six-month update of the Monro. County COMP~.h...iYe Laad Use plan, I v (j) Recodify the land dev.lo~t regulations found in Volume 3 of the Monroe co~nty . comprehensive LAnd Use 'lan's Land Development Regulations for use 1n the County Code Book no later than the completion of the first six-month update of the Monroe County Comprehensive Land Us~ Plan and transmit two complete copies to the ! Department; (k) Develop, in conjunction with the South Florida Water ,Management District, . 1 1 D_ 1 ti d th Env~ronmenta nvgu A on an e Department of South Florida Regional Plannin9 Council, a stormwater runoff ordinance for adoption conaiderat1on by the County commission during the f1rst six-month update of the Monroe C~unty Comprehensive Land Use Plan; (1) Prepare a survey of archaeological, historical and cultural sites for adoptioa consideration by the County as landmark desi9nat1ons no later than the second six-month update of the Monroe County Comprehensive Land Use Plan the County and the Department agree to request the assistance of the Florida Department of State in this effort; (m) Develop a sign prOfJr- a.oor4in9 to the requirements of Volu.e 3, Chapter 9, Division 13, Section 1-1301 of the Mo.... County Comprehensive Land U.. Plan's Land Devel....nt la9Ulations to " ! impl...nt the prohibition of Off-premises and portAble si9ns no lat.~ than the s.cond six-month update of the Monroe Couoty Comprehensive Land Use " I Plan, (n) Prepare a handbook and/or paMphlet explaining landscaping ~nd buff.ry.~ requirements no later than. the first alJt-_th update of . the Monroe Countv Comprebanslve Lan~ U.8 Plan,' ~/ A t j:=;I.1 L!6 .. ':~. l-J: 12 FLH 0 I.J HlEF'li r.1G/'U t ,tt PO';' (0) ImPl...nf an i.,act f.. accounting and tracking procedure no later tha. the first six-month update of the Monroe County COIIprehensive Land Use Plan; (p) Develop and implement a conditional use monitoring program compatible with the County's computer system no later than the first six-month update of the Monroe County Comprehensive Land Use Plan; (q) Review the Destination Resort requirements and prepare a report describing possible refinements for adoption consideration by the Count.y Commission during the .econd six-month update of the Monroe County Comprehensive Land Use Plan; (r) Prepare a report for adoptIon consideration by the I County Commission during the second six-month update of the Monroe County Comprehensive Land Use Plan which reviews the atatus of live-aboard vessels and include rec~ndations for corrective action, (S) Develop a focal point planning program for the Marathon larca for adoption consideration by th~ County Commission during the second six~month _. " -" update of the Monroe CouDty Comprehensive Land Use Plan, 1 (t) Review the Mixed Use Dl.trlct and prepare a report for adoption conslde..ation by the County Commission durlnq the ..cond six-month update of the Monroe ~ounty Compr"'nsive Land Use Plan which de.cribe., the suitu1Iity of eXisting standard. and recommend appropriate changes; and (u) Within 8!X months of the effective date 'of Monroe Co nty Comprehensive Land Use Plan, the County will impl...nt, in cooperation with the Department of 2nvlronmental Regulation and other the state and federal agencl.., a water quality MOnitorlnq progr.. to enaure that the individual ., and CUMulative iMpacts of develOPMent, especially 7 , ,=" lOt:, . :=:~, 14: 12 FLA [I(~) Ef'ERG 11GtlT 1 ~~ P 10 wastewater treatM8nt .y.~"" c~rcial water ! dependent activities and live-aboa~d vessels, do not degrade neacshore wate~ quality. The County will invite the Cities of Key West, Key Colony Beach andVLayton to participate in the development of this water quality monitoring pr09ramJ sampling stations tor these Cities sball be included in thl:~ program and the cause of any water quality problem(s) nhall be identified and corrective measures are to be reComMended. (3) Legal Asslstancez Iloa.ooo Theae funds are hereby committed for the followin9 purposes: (a) The preparation ot a revi.ed "users' manual" fOl" the Monroe lcounty Comprehensive Land Use Plan and Land Oe~elopment Regulation.. Such manual shall he in booklet o~ notebook form and shall provide to the ,eneral public the following: a description of the Monroe County Comprehensive Land UsevPlfn, the LAnd Development Regulations and permitting process, a 4escription of how to utilize the procedures of the Monroe County Comprehensive Land Use Plan, Land Development Regulations and permittin, procea.J and any necessary graphics or char~s which would aid in citizen understanding of ~he Monroe County Comprehen8ive Land U.. Plan, Land Development Requlatio~. and perMittln. process, (b) The preparation of . report that analyzes the legal is.ura rai.ed by the Monroe County Comprehensive Land Us. Plan, Land Development Re,ulation., and the permitting process, includln" but not 11.1ted to: claims of vested vricJhta u.ncle~ any Florida statute, constlt~tional provision or case law or claims of vested rights under any federal statute, ill t :C1t} 1J6 ':3t" .. - t '"3 FLH 0 I t) Et'ERG f'GIT . .. 011 constitutional provisloa O~ ca.. law, clai.. that the Monroe County CgMpr"'naIve Land Use PlAn and , Land Development Regulations do not bear a 5ubstanti~1 relationshIp to the ,public health, ~ safety and welfare, cla1" that the Monroe County Comprehensive Land Use Plan and Land Development Regulations deprive affected persons of due process, procedural and substantive, and of equal protection of the law; and claims that the Monroe County Comprehensive Land Use Plan and Land Developme~t Regulations effect a regulatory taking. The analysis will be designed to provide the county Attorney, or other designated County legal r.p~e8entativ., with a comprehensive legal research reference to aerve as a basis for: required interpretation. of the Monroe County Comprehensive Land Use Plan and Land Development Regulations, administrative proceedings under the Monroe County Comprehenaive Land Use Plan or Land Development Refulations, and legal challenges to the Monroe County Comprehensive Land Use Plan and ! Land De~lopmeftt Regulations. An analysis sha.1l,also be prepared of any ordinances, resolutions or other r-.a1atlons aervin; a's a gap or bridge betweeft,the 1'" develOPMent re9ulations in effect on July 14, 19'., and the Monroe County ~re~ft.lve Land U.. Plan and Land DeV.1~ftt ReVUlations; (c) The i.pl...ntat1on of the area of critical county . concern 4..igaation for North B1g Pine Key, includinG: the design of a planning And legal Methodol09t for t~e required focal point planning progr&m'iPr~par.tion of, and taking part in, a cl~izen ~.rticipa~lon prQtram, coordination of dat~ collect~on and cona~ltation analysis re,ardlnq future land u.. in areas ot ... ... .. ';(jll 06 .:-=:~, FLr't Dill EtlEH.; 11iI-IT .2 enviro.-ental resource. 8UCh as, by way of illustration and not l~ltatlon, the endangered Key Deer; preparation of aMendments to the Monroe County Comprehensive taRt Use Plan and Land Develo~nt Regulations, and participation in the amendment proce.s; . I (d) The providing of profe..lonal assistance in the Monroe County Comprehenalve Land Use Plan and Land Development Regulations update at the six-month review period with particular attention to impleMentation of the adequate facilities provisions of the Monroe County Comprehensive Land Use Plan and Land Develo...nt Regulations and the incorporation of the North Key Largo Habitat Conservation Plan, (e) Any other services authorized by the Board of County Co~issioners whieh are directly related to implementing the Monroe County Co",prehensive Land Use Plan, provided that items (a) through (d) shall be completed. (4) Special Study ~ P~operty Apprai.er: $50,000 The County's Property Appraiser will prepare and .ubai~ a report doc...nting that office's review of the property .....sment. affected by the Monroe County C~r.ha..1Ye Land Use Plan and Land Development .equl.tiana no later than June 1, 1987. (5) HeariD~O(ftc.r co.~.; .125..000 aaa.4 on the beneficlal use and vested rights prOViSions of Chapter ., Volume 3, of the Monroe County C~pr.ben.ive Land Use Plan's Land Dev.lo~nt R.,ulat1ona, the County will aubcontraet with ..arlDl Officers who are members of the rlorida BAr for the.purpo.. of reviewing clai.. for benefici.l us. and vested rights. He.~in90ffic.r. will be retained on an hourly contr.c~~aia. El1elble costs shall include time ~ ~ 1. . ,::" I IJ~, . :~h 14: 1 C; FLH D I ~ I HERC, I.~n l"'~ P13 to prepare rec~nde4 concluaions of law and findings of fact for conai"catlon by the County Commission, docu.ent reproduCtion and preparation, court reporter services and other ~eariR9 related 1 f costs. (6) special counsel/Legal p.t....: $180.000 The County will aubeo.tract with Special counsel to act as its general legal representative concerning litigation involving the County's implementation of the Monroe County comprehensive Land Use Plan and Land Development Regulations. The Special counsel and/or ...bers of the firm as appropriate will be expecte4 to advise the County in matters of state and local law, including changes and proposed cha~., involving administrative and policy decisions made during '. the implementation of the Monroe County Comprehensive Land Use 'lan and Land Development Regulations an4 on such ot"r matters as the County deems appropriate at the discretion of the County Attorney. The Special counsel will coordinate these r..pons1~llities with the Planning Depar~nt and t" County Attorney. " I The~Sp,c~al Counael will prepare, within six Ii . 'months. after .election, ~ct fee ordinances and other appropriate 189&1 i.atruments such as interlocal .9r....nt. for adoption consideration ~y and between Monroe county and the Cities of Key Weat, Key Colony Beach and Layton for the collection of imp.ct f... from new development in those Cities And enaure the transfer of fees colleete4 to the ~ounty fo~ those services impacted. com~~.atlon shall ~ as specified in a subContract which will .peclfy hourly rat.s . " ' expenses, costa and mod1fication provisions. :. 1.. . . = I 0'; . :36 1-1" ~ FLA D IIJ EI'ERG ~11:l'IT 14.1 Cl.1 IV. Consideration 1\5 consideration for work satisfactorily perforMed under this agreement, the Department atrees to pay an amount up to Sl,050,OOO. This is a fixed f.. a9ree~nt. . v. Method of Payment The total expenditure author!led under this agreement is $1,050,000, and no amendment ahall result in a greater expenditure. The Department agrees to pay the County upon submittal of the proper documentation, as follows: (A) Initial payment of $262,500 to the County upon the signing of this agreement, (B) A second payment of $262,500 upon the submittal and the Department's acceptance of the tollowin9 work products from section III B(2) of this agreement: (a), (b), ( g), (j), ( k), (n), (0), (p), ancl (u) And the Department's acceptanee of a progress report demonstrating sA~isfactory progress on all remaining work products. These work products and progress report are due no later thAn March 15, 1987. (e) A third payment of $262,500 upon the submittal and the , J : .il . ;,~:I I \J6 . :::~, 1 FLA D I V EfIEPCi l'IGr'IT 5 to this ~greement. Within fifte.n (15) workin9 days after the Department receives a receivable, it will review the receivable and respond in writing to the Director of Planning, Building and Zoning, with a copy to the County Clerk and the County Attorney, either approvin9 the receivable or rejecting tbe r.c.ly~le and specifying the reasons for rejectioh. The County has ten (10) working days after notice of the reason for the Department's rejecting the receivable to correct and re.~t the receivable or receivables. "Acceptable to the Department" means that the work products and tasks are completed and submitted as a professional product the contents of which are consistent with the scope of setvic... VII. Audit Requirements (A) The County aqre~s to maintain adequate financial procedures qnd adequate support documents to account for the expenditure of funda under this agreement. (8) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8100 a.m. to !:OO p..., Local Time, Monday through Friday. (C) The County ab.l'l also provide the Department with the records, reportslor f1nancial atatementa upon.request for the purpo.e. of auditinG and monitoring the funds awarded under this agreement. The PlanninQ Director shall be re.ponsible for all document submittals, with the County Clerk and county Attorney assisting as a,propriate. Atl correspondence concerning this .vr....nt anel the Director of .1anninq, Building and Zoning shall be copied to the e~unty Clerk and County Attorney. . 1 ..~ ,'t .~'~, . c't:: 1--1: 17 FLH [I I \.I El'lERG 11C,tlT l-l~ PlS (0) The County shall include an accounting of these funds in the local audit prepared by the County for the 1986-87 and 198~-88 fiscal year. as applicable. (E) The County shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to th18 agreement for a period of three years after the date of submission of the final expenditure report, or if an audit has been initiated and ^udit findinqs have not been resolved at the end of three years, the records shall be retained I until resolutlon of the audit findings. VIII. Public Records The County shall allow public access to all documents, reports, papers, letters or other material, 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 substantial evidence of the County's refusal to comply with this prOVision, the Department will have the right to terminate this Agreement for breach. IX. subcontracts (A) If the County subcontracts any or all of the work required under this agreeMent, the County agrees to include in the subcontract th&~ the subcontractor is bound by the terms and conditions of this agreement with the Department. (8) The County ~gre~s to include in the subcontract that the subcontractor shall hold the Department and the County harmless again.t all cla1m. of whatever nature by the subcontractor arl_in, out of the performance of work under this agr....nt. 1 Prior to enterin~ into any subcontracts, the County (C) .hall forward a copy of the proposed subcontract to the Department for review and approval by the Department. . Each s~bcontr&ct shall. contain the phra.. "Funding for ., thi_ contract ~. con~ln9ant ~fon approval of this . .4 t IIJl I :J6 . ;;:t;. 1.1" ~ FLH DIU H~FG flGl1T " ~ ~. rot? contract by the Florida Depar~nt of Community Aftairs." (0) Both parties further agree that any State institution or agoncy may be subcontract" with directly to perform the work task. authorized by tbis agreement. X. Contract Term (A) This agreement shall become effective on the last date of signing by the parties involved. No cost may be , attributed to this agreement prior to that date. (8) All activities performed pursuant to this effort shall be completed on or before December 1, 1987. The agreement shall terminate on the same date or upon the last payment to the County, whichever comes first. XI. Modification of this Agreement Modification of ' the provisions of this agreement, 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. XII. Terms and Conditions Nothing in this agreement shall be construed to require County-performance on any of the t..ka described herein if the funds specified in thia agre..-at for that task are not available from the Department. The Department likewise finds that nothing in thia .9re...ft~ ahall be construed as a c~l~nt for future funding. This agreement contalns all the conditions and terms " I aVl"8ed upon by the'parti... Attached to tb~s agr....nt 18 the following: (1) Addendu. A, Work 'r09r.. Coats. . .. .. J1I'T : i1> ".~!.::. .='.:: 1-1 FLH D I ~ I HIEF'Ci r'lI:irlT 1..~ . .~. IN WITNESS WHEREOF, the parties have caused this 17 page 3greement to be executed by their underslvned officials as duly authorized. ~/' . ~ / / L(LL~m' /? [t Jam Di sion of aesourc and Management Department of Community Affairs State of Florida Mayor, Board of Commissioners Monroe county, Florida /1. y. ~ /1 7, ~ Date Date ~ ... ). t".O\;rA ~ 0'" s., .~ ,:,~(:t. , ..(:0 fA . - \\,!.... ~ ' aftO" ..vr~r ..r f. . ,.p, i f(;;';" ;) t ,.,.:r: . ....-: ';"- tilt. ci~' . r:;;;'~ . ~'l I-~'l\('\ . A'I.I '"' 01' ~ " ! j,=,' I .0':: . :::It:: 1~ FLH [I I ~ I Ef'!EPG flc,r'IT 1-1 WORJt PROGRAM COSTS -------- .- 1 . LAND USE PLAN ADMIHISTRJ.Tloet 2. MONROE COUNTY' COMPREHENSIVE LAND USE PL~ AND LAND DEVELOPMENT REGULATIONS 3. LEGAL ASSISTANCE 4. SPECIAL STUDY BY PROPERTY APPRAISER $336,000 5. HEARING OFFICER COSTS $359,000 $100,000 $ 50,000 $ 25,000 S180,000 6. SPECIAL COUNSEL/LEGAL DEFENSE TOTAL 11,050,000 - ~-., o rCr:"~ -.A"" , r ~.,. "".~.- sUfltr.IL;' L ,._ LJo.U- ___ .-- ~""i"'" .~ \., .., ~o!.. " 17 "