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Resolution 318-1982 Zoning - :- tmen t RESOLUTION NO. 318 -1982 RESOLUTION AUTHORIZING THE CHAIRl1AN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE A DER CONTRACT NO. CM-64, AN AGREEMENT TO DEVELOP A COASTAL ZONE IMPLEMENTATION PL~~ FOR THE KEYS, BY AND BETWEEN THE COUNTY OF MONROE AND THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULA- TION. 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 a DER Contract No. CM-64, An Agreement to Develop a Coastal Zone Implementation Plan for the Keys, a copy of same being attached hereto. Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 13th day of December, A.D. 1982. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA rJ I j',i;-" ( st, '", U . .t'1", t~" ff~""""'~ ' AI ~....- .,..., """'~ t: i" ." '/' '.," .,. '~~~~1':lt1F " l,l,. .l or/Chairman By (Seal) I'H"t,', n ",' ~\q ~,," t"~,',,,',',;r, ~",' ~,',''''!11''" C'L'''', ft, K Jf"'~ {->:"'.; [~".;,;,~,~'71N,;. il\ 11 ~,f Attest: h.li;ii,,2 h . \\/0UJ~~2., th ~'r"~ m'P~JD.~. Clerk APPROVED A$ TO FORM 8Y AND ~ .~~ A"-..-.oUics ~t ,~::-, c~;':~::: '-, C ,\\ - ~.' 4- AN AGREEMENT 'ID DEVEIDP A COASTAL ZONE IMPLEMENTATION PLAN FOR THE KEYS This AGPEEMENT by and between County of Monroe and the State of Florida Department of Environmental Regulation, (hereinafter called County and DER respectively), witnesseth: The DER has responsibility for disbursement of federal funds appropriated under the Coastal Zone Management Act of 1972, as amended; The Coastal Zone Management Improvement Act of 1980 requires State coastal management efforts to provide for the manage.rnent of coastal resources; NOtl, THEREFORE, b consideration of the mutual covenants, promises and representations herein, County and DER hereby agree as follows: ARl'ICLE 1. Puq:ose of the AGREEMENT. Purpose is to provide effective development regulations for the Florida Keys, consistent with the principles of a revised County Comprehensive Plan and the Florida Coastal Management Program Final Environmental Impact Statement. ARI'ICLE 2. A. Scope of Services. Covenant for Services The DER retains the County to perform the n consul tant and professional services" as defined herein, ~d the County agrees to r:;erform such services for the DER under the terms and conditions set forth in L~is contract. B. Definition, Scope and Quality of Services The County shall perform and render as an independent contrac~or and not as an agent, representative, or employee of DER, the services described herein in a proper and satisfactory manner as determined by the DER in its sole discretion. These services shall be known as "consultant and professional services" and shall include the specific responsibilities as set forth in Attachment A, attached hereto and made a part hereof. 1 AaTICLE 3. Compensation. A. This is a cost sharing agreetrent wherein the DER will reimburse the County 80% of authorized expenditures not to exceed $32,000. The County will provide a 20% match of authorized expenditures not to exceed $8,000 which must be fran non-Federal funds. 'rhe total budget is $40,006. B. The County will sutmit certified invoices itemizing project expenditures by authorized budget category ~ncludirg appropriate supporting docuIIentation. The DER will reimburse the County 80% of itemized expenditures. Final invoice carpleting itemized expenditures shall t.e sutmitted to the DER within 30 days of contract canpletion. In the event that the County provides invoices equaling the total project budget prior to receipt of the final product, the DER reserves the right to withhold payment of 10% of the total project budget ($4,000) pending receipt and acceptance of the final report. C. Authorized budget categories and supporting docuIrentation required on invoices are: 1. Salaries/Wages - list personnel involved, rate of pay, and tine spent on project. 2. Fringe Benefits - calculated at 25% of salaries/wages. 3. 'I'ravel/per diEm - a State of Florida Travel Voucher with appropriate receipts. Reimb.1rsarent for travel/per diem expenses will be at rates currently allowed DER personnel. 4. Contractual - invoices with supporting documentation identical to that required of the County. 5. Nonexpendable EquifArent - invoices with docUIIeI1tation that the terms of ARI'IClli 9 have been net. 6. Rental/Lease of Equiprent - copies of appropriate invoices. 7. Other Expenses (eg. mater ials, supplies, telephone, reproduction, nailing, etc.) - a listing by category with supporting invoices only if an individual category totals rrore than $100. 2 ARTICLE 4. Time of Performance. This AGREEt"1ENT shall cover the period from the date of execution through September 29, 1984. ARTICLE 5. Approvals and Notices. A. The County's contract manager is Jeffrey M. Doyle. The DER'S contract manager is James W. Stoutamire, Office of Coastal Manage.rnent. All matters shall be coordinated with or directed to L~e contract managers for proper disposition. B. Any notice or other written carmunications between the County and the DER shall be considered delivered when posted by certified mail or delivered in person to the respective contract manager. C. Either party may, fran time to time, request changes in the scop: of the services of the County to be performed hereunder, with concomi tant . adjustments in the consideration to be paid. Such changes which are mutually agreed upon by and between the DER and the County shall be incorporated in written amendments to the AGREEMENT and shall designate the effective date of the change. D. This AGREEMENT may be extended once for a maximum of six months unless L~e extension request is due to circumstances beyond the control of County. ARTICLE 6. Reports Required. A. Prooress RePJrts A progress report shall be submitted bimonthly beginning December 1, 1982. The report will consist of a summary of the work completed on the project to date. This summary will be based on project tasks listed in Attachment A. Progress reports will also include any press clippings or press notices related to this project. The first progress report will include: names, brief credentials and rates of pay of staff perso.ns assigned to the project and an estimated project budget subdivided by authorized budget categories. 3 B. Final Rerx:>rt The final report in 15 copies shall be in accordance with the requirements of Attachment A, attached hereto and made a part hereof. C. ONnership of Documents All rerx:>rts produced and other data gathered by the County for the purpose of this contract shall become the mutual property of the Office of Coastal Zone Management, National Oceanic and Atmospheric Administration (hereinafter called OCZM/NOAA), the DER, and the County without restriction or limitation upon their use and shall be made available by the County at any time up:m request of the DER. D. Copyrights No reports, maps, or ot.l1er documents produced in whole or in part under this AGREEMENT shall be the subject of an application for copyright by or on behalf of the County. E. Documentation The cover or title page of all reports, st'..ldies, maps or other documents resulting from contracts supported in whole or in part by t.~is grant shall acknowledge the financial assistance provided by the DER and by the Coastal Zone Management Act of 1972, as amended, administered by the CCZM/NOAA. ARTICLE 7. Subcontracts. A. The County shall not subcontract, assign, or transfer any ....ork under this AGREEMENT without the written consent of the DER. When applicable, and upon receipt of such consent in writing, the County shall cause the names of the firms responsible for such portions of the ....ork to appear on such work. B. The County agrees to notify the DER of all subcontracts no less than ten (10) days prior to the effective date of the subcontract for the purpose of approval by the DER. The County agrees to provide the DER with an executed copy of all subcontracts within ten (10) days after the effective date of the subcontract. 4 C. The County agrees to be responsible for the fulfillment of all work elements included in the subcontracts and agrees to be responsible for the payment of all monies due under any subcontract and hold the DER harmless from any liabilities or damages arising under or from any subcontract hereinunder. D. The County agrees to include the substance of ARTICLES 3(C), 6, 8, 9, 10, 16(8), and 17 of this AGREEr~ in all subcontracts payable from funds received from this AGREEMENT in whole or in part. ARTICLE 8. United States Government Inv0Iv~~ent. A. This AGREEMENT is funded in part by a grant from the OCZM/NOAA. In exchange for Coastal Zone Manag~ment funding, the County agrees to abide by and comply with OMS Circular A-102 and A-87. B. The County agrees that the DER, the Comptroller General of L'1e United States or any of his duly authorized representatives and the United States Secretary of Commerce or any of his duly authorized representatives shall, until the expiration of three years after expenditure of funds under this'AGREEMENT, have access to and the right to examine any directly pertinent books, documents, papers, and records of the County involving transactions related to this agreement. The County agrees that payment(s) made under this AGREEMENl' shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this AGREEMENT. The County shall refund by check payable to the DER the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and submission of a final "Financial Status Report", whichever is sooner. The records shall be maintained in a manner that will permit determination L'1at the County has complied with the matching share requirements. 5 ARTICLE 9. Non-Ex~ndable Equipnent and Perronal Property. Purchase of non-expendable equipment or personal property costing over $100 must be authorized in writing by the DER. The County may retain title to equipnent approved under this ARTICLE at completion of the contract ufXJn written request and approval by CX:Zr-1;1-DAA, if applicable, and DER. ARTICLE 10. Non-Supplantinq. Federal funds made available for State or local grants under U1e Act may not be so used as to supplant State or other funds that ....ould be available in the absence of such federal funds for Coastal ZOne Management program activities, but rather will be so used as to increase such State or other funds available for Coastal Zone Management. ARTICLE 11. Responsibilities of DER. The DER shall: A. Provide guidance, assistance and coordination to the extent necessary and feasible; B. Provide reference documents as required; C. Provide for timely review of drafts and interim reports, and furnish comments, suggestions or approvals as appropriate; D. Provide for review of the final report draft and furnish comments within twenty (20) ....orking days. ARTICLE 12. Decisions by the DER. All services shall be performed by the County to the reasonable satisfaction of the Secretary of DER or her designated representative, who shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of the AGREEMENT, G~e prosecution and fulfillment of the services hereunder and the character, quality, amount and value thereof. This section shall not preclude any party from seeking relief by an appropriate court proceeding. 6 A..1ZI'ICLE 13. Termination of AGREEMENT. A. Termination for Convenience This contract may be terminated by the DER or by mutual agreement at any time prior to fulfillment following thirty (30) days notice to the other party. The County shall be paid for services performed and/or costs incurred based on an estimate of that portion of the work that has been completed, as determined by the DER. B. Termination for Cause If, ~~rough any cause, the County shall fail to fulfill in a timely and proper manner its obligations under this contract, or if the County shall violate any of the covenants, agreements, or stipulations of this contract, the DER shall thereupon have the right to terminate this contract by giving written notice to the County of such termination and specifying the effective date thereof. In that event, all items or materials furnished by the DER and any finished or unfinished reports, notes, or field data prepared by the County shall immediately be delivered to a place designated by DER, and the County shall be entitled to receive just and equitable compensation for any satisfactory work or services completed. Notwithstanding the above, the County shall not be relieved of liability to the DER for damages sustained by the DER by virture of any breach of the contract by the County, and the DER may withhold any payments to the County for the purpose of setoff until such time as the exact amount of damage due the DER is determined. C. Termination Based Upon wi thdrawal of Federal Funds If this contract is terminated by the DER based upon the withdrawal of federal funds, at any time prior to fulfillment, the County shall be paid for services perfomed and/or costs incurred based upon an estimate of that portion of the work completed as determined by the DER. 7 ~~ICLE 14. Disclaimer of Liability. The County agrees to indemnify, defend, save and hold harmless the DER from all claims, demands, liabilities, and suits of any nature whatsoever arising out of, because of, or due to any act or occurrence of omission or commission of the County, its agent, or employees to the extent permitted by Florida law. ARTICLE 15. Interest of the County. The County covenants that it presently has no interest and shall not acquire any interest, direct or indirect which would conflict in any manner or degree wi th the performance of services required to be performed under this contract. The County further convenants that in the performance of this contract no person having any such interest shall be employed. ARTICLE 16. Personnel. A. To the extent permitted by law, t.l1e County will secure and maintain such insurance as will protect it from claims under Workers' Compensation Act and from claims for bodily injury, death, or property damage which may arise from the performance of its services under this contract. B. The County assures that the program supported by the grant will be conducted in CQ~pliance with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) as amended, (42 USC 2000d) and the requirements imposed by the regulations of the Department of Commerce (15 CFR Part 8) issued pursuant to that Title. In accordance therewith no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the County receives federal financial assistance and the County will immediately take any meqsures necessary to effectuate this AGREEMENT. 8 C. The County hereby agrees to comply with Chapter 112, Florida Statutes, Standards of Conduct for Public Officers and Employees when such statute has direct application to the performance of this contract. ~~ICLE 17. Officials not to Benefit. No member of or delegate to Congress, or resident Commissioner, shall be admitted to any share or part of this grant or to any benefit that may arise therefrom. ARI'ICLE 18. AGREEMENT' as Including Entire AGREE."1ENI'. This instrument embodies the whole AGREEMENT of the parties. There are no provisions, terms, conditions or obligations other than those contain- ed herein; and this AGREEMENT shall supersede all previous communication, representation or agreements, either verbal or written between the parties hereto. ARTICLE 19. Covenant Against Contingent Fees. A. The County warrants that it has not employed or retained any canpany or persor;l, other than a bona fide employee IM:)rking solely for the County, to solicit or secure this AGREEMENT, and that it has not paid or agreed to pay any person, company, cot'p)ration, individual, or firm, other than a bona fide 'employee IM:)rking solely for the County, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this contract. B. For breach or violation of this provision, the DER shall have the right to terminate the AGREEMENT without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. The DER shall further be responsible for reporting the details of such breach or violation to the proper legal authorities, when and where appropriate. 9 IN WITNESS WHEREOF, the OER and the County have executed this AGREEMENT on December 13, 1982 COU"NIY OF MJNroE ---- D M ,,~~ ~"! ~t.~~':~t r.1 ~~~, ."'" ,. . luu.i"a'i V~. 'IiHh h.1 Ui.i.jU\ ~ ~ R ..)/ . - '/ ATTEST:~r lY\. :u..J<-.,.D.~ C rk (Title) STATE OF FIDRIDA, DEP.l\RI'MENT OF ENVIRONMENI'AL REGU"LATION - (Title) 10 Attachmt~n t A Problem Statement - Background Information The Florida Keys comprise a very limited land mass. There is an extremely~igh degree of interdependency between activities on the islands and impacts on the marine ecosystem. Sustained marine productivity can thus be viewed as a function of development activity. Solid waste destruction of shoreline vegetation, use of pesticides and improper sewage treatment are all potentially harmful to the marine ecosystem and may increase as development activity increases. Preliminary, comments received from the Department of Community Affairs and the South Florida Regional Planning Council indicate that the current County Comprehensive Plan and development regulations inadequately address many of the issues of special focus delineated in the Florida Coastal Management Program final Environmental Impact Stateraent. Proposals to implement local comprehensive plans that emphasize natural resource management are given high priority by the Florida Coastal Hanagement Program Final Environmental Impact Study (p. II - 272). Category '(b) "Local Implementation of State Policy" and subcategory (iii) "The development and implementation of local re- gula~ions for areas designated as areas of Cirtical State Concern pursuant to Chapter 380 F.S." (p. II-274) apply to this grant pro- posal. Proposals meeting these criteria are classified as "Priority 1" by the Environmental Impact Statement. (p. II-276) Since the Florida Keys were designated as an Area of Critical State Concern, strong emphasis has been placed in making the existing management tools more effective. This proposal consti- tutes an important extension of the principles of coastal planning advocated by the Monroe County Comprehensive Plan. It provides urgently needed implementation tools to protect the unique Keys environment. PROJECT DESCRIPTIO~ Objective The objective of this proposal is to provide effective development regulations for the Florida Keys, consistent with the principles of a revised Monroe County Comprehensive Plan and the Florida Coastal Management Program Final EnvironmcnLal Impact Statement. An effective and functional Coastal zone management plan for Monroe County must accommodate a variety of competing and/or conflicting interests. These interests include: 1) Scientific criteria for environmental quality. 2) Efficiency and equity criteria for economic and/or fiscal feasibility. (Proj~ct Description cont.) 3) ~egal viability and sufficiency. 4) Subjective factors such as a community desire to remain rural or become more urban; individual perceptions of conges- tion/open space, etc. The February 1982 report of the Florida Keys Resource Planning and Management Committee (FKRPMC) entitled "An Assessment of the Compre- hensive Plans and Critical Area Regulations with Reco~~endations" provides a frame work suitable for i:nplementing the objectives cited above. To meet this objective, the Monroe County Planning Department shall perform the following activities consonant with the Co~~ittee's report: Committee Issue #1 - Modify the Shoreline Protection Ordinance to provide greater specificity (including recom- mended sections). Committee Issue #3 - Incorporate the Shoreline Protection Ordinance into the Monroe County Compre- hensive Plan. Committee Issue #3 - Incorporate all growth manage- ment and land development con- trol ordinances into the Monroe County Comprehensive Plan. Committee Issue #5 - Develop inter-agency cooperation and incorporate the Monroe County Mosquito Control Program into the Comprehensive Plan. Committee Issue #6 - Review and incorporate all applicable sections of the South Florida Oil Spill Sensitivity Atlas into the Monroe County Comprehensive Plan. Committee Issue #7 - Modify the Land Clearing (Tree Protection) Ordinance to provide greater specificity and stronger enforcement provisions. Committee Issue #8 - Revise Management Policy 1.4 of the Coastal Zone Protection and Conservation Element to include tropical hardwood hammocks. Lpraject Description cont.) .' Committee Issue #9 - Update the Services and Utility Element in regard to: A) Analysis of the impacts associated with stormwater runoff, septic tanks, sewage treatment facilities and existing wastewater sludge handling pro- cedures on the Coastal Zone of the Florida Keys. B) Fiscal proposals concerning estimated costs and priority ranking relative to other proposed capital expenditures. C) Proposed funding sources as required by Florida Statutes 380.05 and 163.3177(3) should be updated as appropriate. This analysis will consider the effect that runoff, discharges and leachate (from septic fields, package plants and solid waste sites) have on the biophysical and man-made environment. TASK DESCRIPTIONS Task I - Data Acquisition and Preliminary Analysis (A) Evaluate the Monroe County Services and Utility Element in light of present needs and problems, including those identified by the Florida Keys Resource Planning and Management Committee. This will include a review of current water allocation practices, solid waste procedures, sanitary sewer systems, surface water management, the disposal of wastewater sludges and a projection of future service requirements. (B) Review pertinent ordinances and data pertaining to "model" shore- line protection procedures. Evaluate the current Monroe County Shore- line Protection Ordinance in light of this literature review. (C) Initiate contacts with the Florida Keys Aqueduct Authority, City Electric, Florida Keys Electric Co-op, Monroe County Mosquito Control District, all municipalities in Monroe County and any future special districts or entities in order to establish an effective means of intergovernmental communication and cooperation. . . ~asK II - Identification of Alternatives and Ootions . (A) Establish alternative methods of meeting projected future service requirements for solid waste disposal, water distribution and allocation, sanitary sewage (including wastewater sludges) and increased quantities of surface water runoff. These alterations shall include proposals to add or revise regulations pertaining to the previously mentioned services and utilities. (B) Develop (alternate) modifications for the Monroe County Shore- line Protection Ordinance based on Data Acquisition and Preliminary Analysis performed in Task I. (C) Develop (alternate) strategies for establishing functional inter- governmental coordination in conjunction with all affected (applicable) public and quasi-public entities. These entities include but are not limited to: The Florida Keys Aqueduct Authority, City Electric System, Florida Keys Electrical Co-op, Monroe County Mosquito Control District and all municipalities located within Monroe County. Task III - Feasibilitv Analysis (A) Options identified above will be evaluated in terms of their economic and legal feasibility. (B) Alternatives will be ranked by criteria established in (III A) above. (C) The most viable options will be recommended for adoption and implementation. Task IV - Adoption and Implementation (A) Develop and submit for legal review revised Comprehensive Plan Element(s), proposed ordinances and ordinance modifications which may include but are not limited to the following topical areas: 1) Shoreline Protection 2) Land Clearing 3) Potential Zoning Ordinance Revisions 4) Solid Waste 5) Drainage and Stormwater Runoff 6) Septic Tanks and Sanitary Sewers 7) Subdivision Regulation 8) Services and Utility Element (B) Submit to County Commission for legislative review and adoption. 9/30/82 to 4/30/83 2/01/83 to 10/31/83 7/01/83 to 6/30/84 6/01/84 to 9/30/84 EXPECTED PRODUCTS AND TIMETABLE* (estimated) .. Data Aauisition and Preliminary Analysis (See Task I description) Identification of Alternatives and Options (See Task II description) Feasibility Analysis (See Task III description) Implementation and Adoption Amend Monroe County Zoning, Major Development, Shoreline Protection, Flood Hazard and Plat Filipg ordinances to conform with the updated and revised Comprehensive Plan. [Incorporate development regulations (where appropriate) into the Comprehensive Plan as per Department of Community Affairs recommen- dations.] (See also, Task IV description) *Timetable permits overlap of phasing. See attached flow chart for further clarification. ~ Sept. 82 . . "00 Oct. 82 . t-I OJ ro rt I-'OJ Nov. 82 ~. 3 >- ~'C1 Dec. 82 ::l..Q OJ C t-I ~. '< C.Il Jan. 83 ~. >-rt ::l ~. Feb. 83 ~~ OJ 0 I-'::l rtro '< March 83 ro ::l C.Il OJ I-l rt ~.::l ::l ~. C.Il 0.. OJ Hl April 83 rt ~. ,1/ I.... C1 <: OJ May 83 ro rt Ul ~. 0 83 OJ ::l June ::l 0..0 Hl July 83 9 rt August 83 ~. 0 ::l Sept. 83 C.Il "Ij Oct. 83 ro ... !/ OJ C.Il Nov. 83 ~. ti ~. I-' Dec. 83 ~. ~ Jan. 84 >- ::l Feb. 84 OJ I-' '< C.Il March 84 ~. UJ April 84 H>- I May 84 3 0.. 'd 0 ~~ ,'I June 84 ~. Q 0 P ::l July 84 rt ::u OJ k-t::l August 84 ~. 0.. b ::l , It Sept.8ll'