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Resolution 167-1985 Charles Pattison Planning Coordinator Department of Community Affairs RESOLUTION NO. 167 -1985 A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE AN AGREEMENT BY AND BETWEEN THE FLORIDA DEPARTMENT OF COMMU- NITY AFFAIRS AND MONROE COUNTY RELATIVE TO THE DEVELOPMENT OF A HABITAT CONSERVATION PLAN FOR NORTH KEY LARGO. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Mayor and Chairman of the Board of County Commis- sioners of Monroe County, Florida, is hereby authorized to execute an Agreement by and between the Florida Department of Community Affairs and Monroe County, a copy of same being at- tached hereto, relative to the development of a Habitat Conserva- tion Plan for North Key Largo. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 24th day of May, A.D. 1985. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (Seal) DANNY L. KOLHAGE, Clerk Attes t: -.., ------. - ,-,- /) UL; ~/)~ W \ '--..-. .f: i ,I " '- Y0'~~-.Jt..1Z.,/, ,... . , f erk ) , APPROVED AS TO FORM All :AL SUFFICIEIIfC BY : AGREEMENT between Florida Department of Community Affairs and Monroe County Relative to: Development of a Habitat Conservation Plan for North Key Largo This agreement is made by the Department of Community Affairs of the state of Florida, hereinafter referred to as "DCA" and Monroe County, hereinafter referred to as the "County". WHEREAS, section 10(a) of the Endangered Species Act of 1973, 16 U.S.C. s. 1539(a), establishes a process through which the u.S. Fish and wildlife Service (FWS) may permit takings of endangered and threatened species incidental to otherwise lawful activities provided that the species will be, protected by a plan for the conservation of both the species and their habitats. WHEREAS, four species whose habitats include North Key Largo, the American crocodile, the Key Largo woodrat the Key Largo cotton mouse, and the Schaus swallowtail butterfly, have been listed by the FWS as endangered pursuant to the Endangered Species Act. A J fifth species, the prickly apple cactus, is a candidate for listing as endangered. Takings of species listed as endangered are generally prohibited by section 9(a) (1) (B) of the Endangered Species Act, 16 U.S.C. s. 1538(a) (1) (B). WHEREAS, development on North Key Largo probably cannot proceed without significantly increasing the likelihood of incidental takings of some of these endangered species. WHEREAS, chapter 380.05, Florida Statutes, requires the DCA and Monroe County to develop a Comprehensive Plan and land development regulations consistent with the Boundary and Principles for Guiding Development for the Florida Keys Area of 1 critical state Concern ("Boundary and Principles") (August 23, 1984) . WHEREAS, landowners in North Key Largo, the Florida Audubon Society and local, state, and federal government agencies, including the FWS, the DCA and Monroe County, desire that a habitat conservation plan be prepared for North Key Largo that will ensure the long term conservation and protection of the listed species and their habitats while providing for reasonable development consistent with the Boundary and principles. These parties have formed a steering committee to further the preparation of such a plan. The FWS, the DCA and the County understand that the plan could form the basis for issuance of a permit by the FWS under section 10(a) of the Endangered Species Act authorizing takings of the listed species incidental to development of North Key Largo. WHEREAS, Monroe County is developing a Comprehensive Plan for t~e entire County, including North Key Largo. A habitat conservation plan for North Key Largo would have to meet the requirements of the Adopted County Comprehensive Plan in order to be successful. WHEREAS, the u.S. Fish and wildlife Service has provided $98,000 to be matched with non-federal funds for the DCA to develop a habitat conservation plan for North Key Largo in conjunction with Monroe County. THEREFORE, in order that a habitat conservation plan for North Key Largo may be developed, the parties hereto agree as follows: THE COUNTY AGREES TO; 1. Assume overall responsibility for development of a habitat conservation plan for North Key Largo. 2. Provide the DCA with written reports that describe the progress that has been made in preparation of 2 the plan. The first report shall be due 40 days from the effective date of this agreement and subsequent reports shall be provided every 45 days thereafter throughout the period of this agreement. 3. Use its best efforts to ensure that the plan is prepared and available for appropriate use by the dates that have herein been agreed upon. 4. Match the DCA financial contribution to development of the plan dollar for"dollar up to the sum of $77,000, or provided by the County in kind. 5. Administer this project in accordance with OMB Circular A-I02 and A-a7. 6. Develop for North Key Largo a habitat conservation plan and associated documents, including any docu- ments required under the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. s. 4321 et Qeg~ A detailed outline of the habitat conservation plan shall be provided to the DCA prior to the effective date of this agreement. A draft plan shall be prepared, printed and made available for public comment and following necessary revisions, a final plan shall be prepared. 7. Prepare the habitat conservation plan to ensure the long term conservation and protection of species listed as endangered or threatened under the Endangered Species Act. The plan shall fulfill, at a minimum, the requirements of section 10(a) of the Endangered Species Act. In particular, the plan shall specify: a. the impact that will likely result from inci- dental takings of listed species contemplated by the plan; b. what steps will be taken to monitor, minimize, and mitigate such impacts, the long term fund- ing that will be available to implement such steps, and the procedures to be used to deal 3 with unforeseen circumstances; c. what alternative actions to such taking have been considered and the reasons why such alternatives are not being utilized; and d. such other measures that the DCA may require as being necessary or appropriate for the plan. 8. Prepare any NEPA documents in compliance with the requirements of NEPA and the regulations imple- menting NEPA at 40 C.F.R. Parts 1500 to 1508. The County will, in particular, facilitate the compli- ance by all parties with the requirements of 40 C.F.R. 1506.5(c). THE DCA AGREES TO: 1. Provide the County with funds for developing the plan and associated documents up to a sum of $77,000. 2. Respond within two weeks to plan-related requests for advice and existing on-hand information sub- mitted by Monroe County, their personnel or any agents, contractors, or other persons retained to work on the plan and associated documents. THE DCA AND THE COUNTY MUTUALLY AGREE: 1. That Monroe County may, in preparing the habitat conservation plan and associated documents, utilize County personnel, the Consultants assist- ing in preparation of the County's Comprehensive Plan, and/or persons hired by the County for the purpose of preparing these documents. 2. That the draft plan should be available for review and comment by the public no later than October 1, 1985 and the final plan should be completed no later than January 17, 1986. The DCA and the County may, however, mutually agree to revise these deadlines, 4 subject to approval of the u.s. Fish and wildlife Service. 3. That each and every provision of this agreement is subject to the applicable laws of the United states of America and of the State of Florida. 4. That nothing in this agreement shall be construed as obligating any of the parties hereto to the ex- penditure of funds or for the future payment of monies in excess of appropriations authorized by law. 5. That nothing in this agreement shall be construed as limiting or affecting in any way the delegated authority of the DCA or the County. 6. That amendments to this agreement may be proposed in writing by either party and shall become effec- tive upon written approval of both parties. 7. To accomplish all work,under the provisions of this agreement without discrimination against any or all applicants for employment because of race, creed, color, sex, or national origin. 8. Each party agrees that it will be responsible for its own acts or omissions and the results thereof. Neither party shall be responsible for the acts or omissions of the other party or the results thereof. Each party therefore agrees that it will assume all risk and liability to itself, its agents, or employees for any injury to persons or property resulting in any manner from its own conduct or that of its agents or employees in discharge of any performance under this agreement. Each party agrees also that it will be responsible for any loss, cost, damage, or expense resulting at any time for and all causes due to any act or acts, or neglect, negligence, or improperly precautions while in perform- ance of the cooperative efforts, or itself, its agents, or employees. 5 6 EFFECTIVE DATE: This agreement shall become effective when signed by both parties. PERIOD OF PERFORMANCE: The period of performance of this agreement is from the effective date through February 1, 1986. TERMINATION: Either party may terminate this agreement by giving sixty (60) days written notice of its intention to terminate on a date specified. In witness whereof, the parties hereto have executed this grant agreement as of the date written. State of Florida Department of Community Affairs Date:___~~~______~_ Coun of Monroe By: . ).!- Date:_____________________ Mayor/Chairman (SEAL) Attest: Clerk BY 7 EXHIBIT "A" PAYMENT SCHEDULE FOR MONROE COUNTY KEY LARGO HABITAT CONSERVATION PLAN Reimbursement shall be provided to the County for all allowable costs, under the provisions of OMB Circular A-87, up to a maximum of $77,000, incurred by the County in developing the plan and associated documents and documented in project records presented to the DCA. Request for reimbursement from the County to DCA must also document all in-kind contributions to verify the source and value of the contributions and to ensure that match requirements at least equal costs incurred. Payments shall be governed by the following schedule: 1st payment--for up to $25,000 in documented allowable costs 60 days after effective date of contract. 2nd payment--for up to $10,000 in additional documented allowable costs 90 days after effective date of contract. 3rd payment--for up to $10,000 in additional documented allowable costs 120 days after effective date of contract. 4th payment--for up to $12,750 in additional documented allowable costs upon delivery of the draft plan. 5th payment--for up to $9,250 in additional documented allowable costs 75 days after delivery of the draft plan. 6th and final payment--for up to $10,000 in additional documented allowable costs after delivery of the final plan and required documentation to close out the project.