1. 12/20/2006 Agreement
Clelt( 0I111e
Circul COUIt
Danny L. Kolhage
Office (305) 295-3130 Fax (305) 295-3663
-
Memorandum
To:
Deb Barsell, Community Services
Director
Sandy Molina ~
Isabel C. DeSantis,
Deputy Clerk
Attn:
From:
Date:
Thursday, February 08, 2007
At the BOCC meeting held on December 20. 2006. the Board granted approval and
authorized execution of an Interlocal Agreement between Monroe County and the City
of Key West for Community Development Block Grant Disaster Recovery Funding.
Attached hereto are three (3) duplicate originals for your handling. Should you
have: any questions concerning the above. please do not hesitate to contact this office.
cc: Finance
County Attorney
File
Attachment D
INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY
AND
THE CITY OF KEY WEST, FLORIDA
FOR
COMMUl'iIITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY FUNDING
-4;..1.
THIS AGREEMENT is made and entered into this '2.6 day of De c.. . ,2006 by
and between Monroe County (County) and the City of Key West, Florida (City).
WHEREAS, Chapter 163, Florida Statutes, permits governmental units to enter into
interlocal agreements to make the most efficient use of their powers by enabling them to
cooperate with one another on a basis of mutual advantage; and
WHEREAS, both County and City are authorized by general law to provide for the
health, safety, and welfare of citizens within their respective jurisdictions and now desire to
make the most efficient use of their powers by entering into this Agreement to serve their mutual
best interests and advantage; and
WHEREAS, The City of Key West has applied for a 2005 Disaster Recovery
Community Development Block Grant (CDBG) in the amount of $7,531.497.00 from the State
of Florida, Department of Community Affairs (DCA) to "Assist in the recovery in the most
impacted and distressed areas relating to the consequences of Hurricanes Katrina, Rita and
Wilma in the Gulf of Mexico in 2005"; and
WHEREAS, the City of Key West intends to make the funds available county-wide; and
WHEREAS, an interlocal agreement is required if a CDBG-funded activity is outside the
jurisdiction of the applying local government.
NOW THEREFORE, in consideration of the mutual covenants and obligations
contained herein, County and City hereby agree as follows:
1. Purpose. The purpose of this Interloca1 Agreement is to coordinate the CDBG
disaster relief funds to the benefit of both parties. The Application for HOO Disaster Recovery
Funding, including attachments and supplements, will provide funding to eligible applicants and
properties countywide.
2. Administration. The City will administer the CDBG funds in conformance with
all applicable HUD requirements, as administered by DCA, and as delineated more specifically
in the Application and in the Grant A ward Agreement between City and DCA. The City
Community Development Office, managed by The Housing Authority of the City of Key West,
Florida (Housing Authority) will administer this CDBG Award. The Housing Authority will
seek an outside firm to perform Project Delivery Services.
3. Term/Termination. The term of this Agreement shall begin on the date of filing
an executed copy with the Clerk of the City of Key West, and shall expire as of the date the
CDBG agreement is administratively closed-out by the City of Key West.
4. Notices. In the event either party hereunder desires or is required to provide any
notice to the other party, the party desiring or required to provide such notice shall provide it in
writing, send it by certified mail, return receipt requested, postage prepaid, to the other party at
the address listed below:
If to County:
Thomas J. Willi, County Administrator
Monroe County
1100 Simonton Street
Key West, Florida 33040
If to City:
Julio Avael, City Manager
City of Key West, Florida
525 Angela Street
Key West, FL 33040
5. Modification. No modification, amendment, or alteration in the terms or
conditions herein shall be effective unless contained in a written document executed with the
same formality and of equal dignity herewith.
6. Execution. This Agreement shall be executed in duplicate and each shall be
considered an original.
7. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the
benefit of the parties to this Interlocal Agreement. No right or cause of action shall accrue upon
or by reason hereof inure to or for the benefit of any third party.
8. Assignment. This Agreement shall be binding on the parties, their
representatives, successors and assigns. Neither party shall assign this Agreement or the rights
or obligations hereof to any other person or entity without the prior written consent of the other
party.
9. Indemnification. County, as a state agency or subdivision defined in Section
768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its
own negligent acts or omissions, or intentional tortuous actions, which result in claims or suits
against either County or City, and agrees to be liable to the statutory limits for any damages
proximately caused by said acts or omissions, or intentional tortuous acts.
City, as a state agency or subdivision defined in Section 768.28, Florida Statutes,
agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or
omissions, or intentional tortuous acts, which result in claims or suits against either the City or
County, and agrees to be liable to the statutory limits for any damages proximately caused by
said acts or omissions, or intentional tortuous acts.
Nothing contained in this Section shall be construed to be a waiver by either party
of any protections under sovereign immunity, Section 768.28 Florida Statutes, or any other
similar provision of law. Nothing contained herein shall be construed to be a consent by either
party to be sued by third parties in any matter arising out of this or any other Agreement.
10. Severability. If any part of this Agreement is found invalid or unenforceable by
any court, such invalidity or unenforceability shall not affect the other parts of the Agreement, if
the rights and obligations or the parties contained herein are not materially prejudiced and if the
intentions of the parties continue to be effected.
11. Applicable Law/Disputes/Litigation. This Agreement and the provisions
contained herein shall be construed, controlled, and interpreted according to the laws of the State
of Florida. Any dispute involving litigation between County and City is subject to all provisions
of Chapter 164, Florida Statutes. The parties agree that in the event of any litigation arising out
of any alleged breach or non-performance of this Agreement, the venue for such litigation shall
be in Monroe County, Florida.
12. Effective Date. This Agreement shall take effect upon filing a fully executed
copy with the Clerk of the City of Key West.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement for the
purpose herein expressed as of the date and year first written above.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
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L./1 Date:
ATTEST: DANNY L. KQit':AGE, COUNTY CLERK
By ~aL.J(!. ~-W
Deputy Clerk
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UZANNE ,HUTTON
CO~%A~~EY
CITY OF KEY WEST, FLORIDA
BY:
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Ii rson, Mayor
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