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Item H1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MeetingDa~: May 17, 2001 Division: County Attorney Bulk Item: Yes 0 No 0 AGENDA ITEM WORDING: Approval of Interlocal Agreement with the Village of Islands for funding issues. ITEM BACKGROUND: BOCC met in joint session with the Village of Islands and approved in concept a draft Interlocal Agreement addressing funding issues unresolved by prior agreements. PREVIOUS RELEVANT BOCC ACTION: The BOCC previously approved Interlocal Agreements with the Village of Islands, disposing of most transitional issues. CONTRACT I AGREEMENT CHANGES: Note alternate draft language for Land Authority and Trauma District. STAFF RECOMMENDATIONS: Approval of an Interlocal Agreement with the Village of Islands. TOTAL COST: BUDGETED: Yes 0 No 0 COST TO COUNTY APPROVED BY: County Attorney. OMB/Purchasing 0 Risk Management 0 DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included 0 AGENDA ITEM # t-\. 1.. '. INT~9CAL AGREEMENT - between ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA and MONROE COUNTY This is an Interlocal Agreement (this "Agreement") between ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, a Florida municipal corporation (the "VILLAGE"), and MONROE COUNTY, a political subdivision of the State of Florida (the "COUNTY"), entered into this _ day of May, 2001. WHEREAS, subsequent to the VILLAGE's incorporation, certain funds in the COUNTY's possession derived from taxes and assessments and other revenues originating from taxpayers and properties located within the VILLAGE rema.ined in the COUNTY's budget and treasury; and WHEREAS, pursuant to Chapter 97-34,8. Laws of Florida, the Village was incorporated on December 31, 1997 and all municipal type services, including planning functions, duties and authority became, after December 31, 1997, vested in the jurisdiction of the VILLAGE and the Village Council; and WHEREAS, prior to the VILLAGE's incorporation, certain funds were budgeted by the COUNTY for services and projects within the VILLAGE, including, but not limited to, roadway improvements, planning assistance, parks and beach facilities, and other VILLAGE purposes; and WHEREAS, such funds were budgeted but not expended by the COUNTY for such VILLAGE purposes; and WHEREAS, pursuant to Section 125.01(6), Florida Statutes, the VILLAGE adopted ~ Resolution Nos. 98-1 and 00-10-42 in order to request the COUNTY to remit a proportionate share of ad valorem and non-ad valorem revenues, special assessments, service charges, impact fees, and other assessments, taxes, and revenues; and WHEREAS, the VILLAGE and the COUNTY have participated in the procedures prescribed by Chapter 164, Florida Statutes, the "Florida Governmental Conflict Resolution Act," insofar as necessary to resolve this dispute; and WHEREAS, Chapters 125 and 166, Florida Statutes, allow counties and municipalities to contract for services to be rendered by the COUNTY to the VILLAGE and by the VILLAGE to the COUNTY; and WHEREAS, pursuant to Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation Act of 1969," local governments may enter into interlocal agreements to cooperate with other localities to provide services in accord with geographic, economic, population, and other factors. NOW THEREFORE, in consideration of the promises, covenants, and obligations contained herein, the undersigned parties agree as follows: 1. Adoption Of Recitals. The above-referenced recitals are true and correct and incorporated herein. 2. Land Authority. . 2.1 In its capacity as the governing body of the Monroe County Comprehensive Plan Land Authority (the "Land Authority"), the Board of County -fltArI if. ,...p_ ~~IJWf'}', Cut/- /It ~ ~ Commissioners of Monroe County agrees t9 reS6f'lt G aud ~AIJ~ud .spGGifi.e LaRa :\\Ithocity, (In'w <Jo JI.t. eN{ ~ F'f ~ J \f~!~' ~" C()~'1 S'UM~ /'EM," do {Jwd.'tJfjalr(.r 1M~11 ~ t/J.1/7 t 2's/. / RXduJlM t ~~~ qlX'~. cItJV,J ~ 1 ~ f1~ ~ J /1O(err 4 \I,JY'~~, ~ r;",1/? ~"ll;tr 2 iJ ~f- J;; (U.{.fU1t, ~ ~..I/!fW . #( tJ;i('Yj ~~~ i I~M~ I~ Ir Jk ~ ~ ~. ~ .~ - --- '-r /ti~~ 1/1 ~#H4( "4/~I/IIIrL~ ~"'~ 4'!YJ' J ds committed for acquisition of property solely within the municipal limits of the ~ E, in accordance with the following provisions: 2.1.1 With respect to funds accumulated by the Land Authority prior to October I, the COUNTY agrees to reserve and expend the principal sum of $2,341,373 for acq . ition of property solely within the municipal limits of the VILLAGE. 2.1.2 With re ect to funds accumulated by or allocated to the Land Authority on or after October 1, 19 , the COUNTY agrees to reserve and expend funds for acquisition of property solely wit the municipal limits of the VILLAGE in accordance with the following formula: Of the stated percentage tr sferred to the Monroe County Land Authority, a proportio hall be reserved for Islamorada, Village of Islands, and c mmitted solely to acquisition of eligible properties with the municipal limits of the Village. The proportion of the Land Authority's tourist impact tax funds reserve ually for the Village shall be the proportion, in the i mediately preceding year, of tourist impact tax funds genera d in the .llage as compared to tourist impact tax funds gen ated In onroe County as a whole in the same time pe d. Thus, e Village's proportionate share of Land Authorit tourist i act tax funds shall consist of a fraction, the numerator which shall be the total amount of tourist impact tax s generated within the Village during the immediately prec ding year, and the denominator of which shall be the tourist . pact tax funds generated in Monroe County as a whole in e same time period. approval of this Agreement, the Board of County Commissioners of Monroe County s all amend Section 2-571(g)(1), Code of Monroe County, Florida, in accordance with proce ures prescribed by state law, to add a ,/ provision adopting the foregoing formula as a COUNT ordinance. -3- 2.2 Conservation and Recreation Land Trust (CARL) funds, and all ~ ds, save and except tourist impact tax funds levied under Sections 125.0108, tutes, as from time to time said statute may be amended, shall be excluded from the abo e-described allocation of tourist impact tax funds, and shall be allocated to addition to the above-described tourist impact tax funds, in accordance with state law" 2.3 . th respect to any funds allocated by the Land Authority to Key West on or after October 1, 98, other than tourist impact tax funds, the Land Authority shall allocate funds to the Villa e from the same revenue source for the sole purpose of acquisition of eligible properties "thin the municipal limits of the VILLAGE. Such allocation shall be determined by the D ula set forth in Section 2.1.2 ofthis Agreement. Allocations by the Land Authority to the W"ILLAGE, from all sources other than tourist impact tax funds, will be calculated in accor ce with the same legal principles as those which govern the allocation of such funds to th City of Key West under the Code of Monroe County, Florida. 2.4 Any state statutory amendment hich results in an increase of funding to the Land Authority from additional tourist, sales d/or use taxes or any other revenue source shall result in a pro rata increase of Land Authon acquisition of property within the municipal limits of the VILLAG in accordance with the foregoing provisions. 3. Road and Bridge Funds. The COUNTY acknowledges that the Road and Bridge Fund is a countywide fund. -4- 3.1 The COUNTY shall allocate $969,000 for improving that portion ~ of the formerly known State Road 4A or County Road 904 situated within the municipal limits of the VILLAGE (the "Road"). County purposes to be served include improvements to the bicycle path and diversion of traffic from US 1. 3.2 The moneys shall be transferred to the VILLAGE by the COUNTY in increments proportionate to the extent of completion of improvements to the Road pursuant to a Roadway Improvement Plan (the "Plan"). The contemplated improvements to the Road shall be set forth in a separate agreement ("Supplemental Agreement") to be negotiated and entered into by and between the VILLAGE and the COUNTY within thirty (30) days of execution of this Agreement. 3.3 The Supplemental Agreement shall provide for the VILLAGE to design, plan, procure services, implement and complete improvements to the Road on behalf of the COUNTY, and for the COUNTY to pay directly all costs associated therewith, including any associated administrative expenses of the VILLAGE with respect thereto, up to the sum of $969,000. 4. Planning. 'f./17(::::-t, tI-vI rIf 4;."Z:;"~ 11.4.& Cu..1J- ~~ 19~,s71 ill ~ 1I11f7hAt ~AI IVI"'M !CtjtJt-( 41u<<~J' qe ~ 1A"/I'Yf fJ/JPyo cf4 ill~"'" ,.... jJ('~ In. its capacity as the governing body of the Monroe County hIlfllllfhM- ~ eneral Purpose Municipal Service Taxing Unit, the Board of County Commissioners of tU~ tAM ~ ~J" dh .eXf!~ vl'l tJ/~~- <<Jdl!~ ~~ /11~~ ,4q,;~ ~ Jo Monroe County remit '.vitmR thirty (30) Q~ of execu OR of thii A gteemeDt wite 1/ i !Iff.( . TP<1pe':t to all planaiBg funstiOR& perfunnec1 hy the vn l A GP fnr fiscal year 1997 -199g, I~ ~w~ ~"~,~ 1C"M'.r. the sum of $480,571,. SUE! 111ft t6 be c; Imittea t9 1:Ise 13y the '.TILLAGE selely f9f fimdiBg l'larmill~ 8ful lana developmeBt aeti...tti$-8.lld serviees fJerfo......pc1 hy or to he pet'fvulled on benalt or the vILLAGE. -5- ~ Section 125.0 1 (6)(a), FleIida Slamles, authorizc:::s It::11~ttaBe8 of ~ . . the Upper Keys Health Care T ng District (the "Health Care Taxin District"), the Board of County ommissioners of Monroe Co District to th VILLAGE, within ninety (90) s of execution of this Agreem t, equipment, vehicle( and facilities, within the authorize District, 10 be paid for by Health tF. Taxing District, as spe .lied by the VILLAGE's Fire . . ~, suhsrhJ;j MNt- Uln'f.Ier, IIAJew 4~ Chief, wIth a cost of at least $440,. r~ ,.a:.r~ '1 /4rl ~ 6. Parks and Beaches. In its capacity as the governing body of the Monroe County General Purpose Municipal Service Taxing District (the "General Purpose Taxing District"), the Board of County Commissioners of Monroe County agrees as follows: 6.1 The COUNTY and VILLAGE agree that certain expenditures are appropriately made to improve COUNTY parks and beach facilities, including those situated within the VILLAGE. In respect to such expenditures, the COUNTY agrees to fund improvements to the road and parking at the COUNTY library facility situated within the VILLAGE, via allocation by the COUNTY through the District of the sum certain of $80,000, as follows. 6.2 The said sum certain shall be transferred to the VILLAGE by the COUNTY immediately upon completion satisfactory to the VILLAGE of improvements to the road and parking at the aforementioned COUNTY library facility, for the grounds of which facility the VILLAGE is responsible. The VILLAGE shall be solely -6- _." "..--...- ~ . responsible to design, plan, procure services, implement and complete improvements to ~ the road and parking at the aforementioned library facility. 7. Entire Agreement. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document, except with respect to the Supplemental Agreement contemplated by Sections 3.2 and 3.3 of this Agreement, since the Supplemental Agreement is to be entered into after the execution of this Agreement. Accordingly, no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 8. Amendments/ Asshmments. No modification, amendment or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. Neither this Agreement nor any term or provision hereof or right hereunder shall be assignable by any party and any attempt to make such assignment shall be void. 9. Notices. 9.1 Whenever any party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, or by a nationally recognized overnight express mail service (e.g., Federal Express), addressed to the party for which it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. The parties designate the following as the respective places for giving notice: -7- . ~ For the VILLAGE: Islamorada, Village of Islands ~ Attention: Charles E. Baldwin, VILLAGE Manager 81011 Overseas Highway Islamorada, Florida 33036 Phone: (305) 664-2345 Facsimile: (305) 664-2399 With a copy to: Weiss Serota Helfman Pastoriza & Guedes, P.A. Village Attorneys Attention: Nina L. Boniske, Esq. 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 Phone: (305) 854-0800 Facsimile: (305) 854-2323 For the COUNTY: James L. Roberts County Administrator Monroe County 5100 College Road Key West, Florida 33040 Phone: (305) 292-4441 Facsimile: (305) 292-4544 A copy to: James Hendrick, Esq. County Attorney Jill J_:'1.{,(o;;'V"~.ltJ. (]())( /(jJ(j; 319 FlemiBg Skeet Key West, Florida 3304' - /O~ 9.2 Unless otherwise required by law, any notice sent hereunder shall (subject to proof of receipt or refusal of same) be deemed to have been delivered on the same day if hand-delivered, on the next business day if sent by overnight courier, or on the day of receipt or refusal, if sent by certified or registered mail. 10. Amendments. This Agreement may be modified only by an agreement in writing authorized by the Village Council and the Board of County Commissioners of Monroe County. -8- --. -..-.,....-..-"-.>..."....-.....,.,.--............-.-..-..."..---.. 11. Indemnification. To the extent allowed by law, each party hereto shall indemnify ~ and save harmless the other from any and all claims, liability, losses, and causes of action which may arise out of the other's actions in fulfillment of this Agreement. 12. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Florida, and any proceedings arising in any matter pertaining to this Agreement shall, to the extent permitted by lawt be held in the Upper Keys Division, Monroe County, Florida. 13. Severability. Should any provision, paragraph, sentence, word, or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable under the laws of the State of Florida, such provision, paragraph, sentence, word, or phrase shall be deemed modified to the extent necessary in order to conform with such laws, then shall be deemed severable, and in this Agreement, shall remain unmodified and in full force and effect. 14. Default/Remedies. In the event of a failure to perform or a breach of any obligation of this Agreement by either the COUNTY or the VILLAGE, which failure or breach is not cured within thirty (30) days of receipt of written notice thereof, such action shall constitute a default of this Agreement. 14.1 If and when any default of this Agreement occurs, the non- defaulting party may avail itself of any legal or equitable remedies that may apply, including, but not limited to, actual damages, injunctive relief and specific performance of this Agreement. 14.2 Such remedies may be exercised in the sole discretion of the non- defaulting party. -9- 14.3 Nothing contained in this Agreement shall limit either party from ~ pursuing any legal or equitable remedies that may apply. 15. Execution Date. The date of execution of this Agreement shall mean the last day upon which it becomes fully executed by the last party to sign. 16. Joint Preparation. The preparation of this Agreement has been a joint effort of the parties and the resulting document shall not, solely as a matter of judicial construction, be construed more strictly against, or more favorably to, one of the parties than the other. 17. Further Assurances. The COUNTY and the VILLAGE each agree to execute and deliver to the other such further documents or instruments as may be reasonable and necessary in furtherance of the performance of the terms, covenants and conditions of this Agreement. 18. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same Agreement. 19. Non-waiver. No waiver by the COUNTY or the VILLAGE of any provision hereof shall be deemed to have been made unless expressed in writing and signed by such party. No delay or omission in the exercise of any right or remedy accruing to the COUNTY or the VILLAGE upon any breach under this Agreement shall impair such right or remedy or be construed as a waiver of any such breach theretofore or thereafter occurring. The waiver by the COUNTY or the VILLAGE of any breach of any term, covenant or condition herein stated shall not be deemed to be a waiver of any other breach, or of a subsequent breach of the same or any other term, covenant or condition herein contained. -10- . 20. TerminationlTerm. This Agreement will expire on . or ~ upon completion of all acts contemplated by this Agreement, whichever shall occur fIrst, unless extended by other provisions contained herein (the ''Termination Date"). 20.1 The parties recognize that both the VILLAGE and the COUNTY are making signifIcant time and monetary investments in the performance of this Agreement. Accordingly, both parties agree that this Agreement shall not be terminated by either party unless one party is in default and fails to cure said default pursuant to Section 15 of this Agreement. In the event of such termination, the non-defaulting party shall provide the defaulting party thirty (30) days written notice of termination. The non- defaulting party shall be entitled to any and all remedies afforded by law, including, but not limited to, specifIc performance, injunctive relief, and monetary damages. 20.2 Except as otherwise provided by this Agreement, prior to the Termination Date, all acts contemplated herein shall be completed, the COUNTY will pay to the VILLAGE all payments due the VILLAGE under this Agreement and the COUNTY will furnish to the VILLAGE any equipment and property due the VILLAGE under this Agreement. 21. Survival. The terms and obligations of the parties under this Agreement shall survive the Termination of this Agreement. 22. Filing Reauired. This Agreement shall be fIled with the Clerk of the Circuit Court as required by Section 163.01(11), Florida Statutes, as currently enacted and as may be amended from time to time. 23. Attornevs' Fees. In the event of any controversy, claim or dispute between the parties arising from or relating to this Agreement including, but not limited to, the enforcement of -11- any indemnity provision, the prevailing party shall be entitled to recover reasonable costs, expenses ~ and attorneys' fees including, but not limited to, court costs and other expenses through all appellate levels. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under such signature. -12- ISLAMORADA, VILLAGE OF ISLANDS, a municipal corporation of the State of Florida By: Dated: Frank R. Kulisky, Mayor ATTEST: By: Dated: Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dated: Village Attorney MONROE COUNTY, a political subdivision of the State of Florida By: Dated: George Neugent, Mayor ATTEST: By: Dated: County Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dated: County Attorney F:\43600I\Agreemcnts\lntcrlocal- Monroe Comp Plan.2 Pty.Version2 - 4-S.{)l.doclrev 4.30-01 -13- 11~ J/pk,/J4-/e r/YlGl/71~ ,t:jjlnOf S TJ..e ~--w;M;'n 9Z)-4r;;;eK~~/J ?f rMiJ 1:Jre0n&if/ SV61>/if .~. Vk~occ //7 if" cy'C1~ ;f;~~tll/J:cf~:~~/M C4re CC(f/~( ~~'f" '~i7?c(li)'~/it'f'r::qCr~'~:es wIVit'l? I ._~ 1k ~<Mj~tw~Cft:..~! cd -r co.rf. of i~~# --.~ fM ~~7,i,~~/;:/d,(I/~~_';--~ry-~~~~.,~." A!!'d -lit.,; ~j~ ~.'i(f-;d&,.~M~ _...~ ) F/()/ll ql} ~nyn"'le ~1.I/1P( trf~ OC{J 9'l> 1'7 ~ t-r . relrn/x"y.~ Jk /J;i/~ PI" rn.~'Jf 1 ~41v ~~ /~hh'p,Rd. by * {/;I! W CI"t1f' ~/II(/r/4' 0/ (J/I!~ q,..( ~ .~<J Jf,,/')<: ~ /Jq(ir! .w6~.r I c-.f ~. ALTERNATE LAND AUTHORITY LANGUAGE o Land Authorily. In its capacity as the governing body of the Monroe County Comprehensive Plan Land Authority (the "Land Authority"), the Board of County Commissioners of Monroe County~ that in the exercise of the authority granted under Section 9.3-9, Monroe County Code, to select parcels of land for acquisition, the Land Authority shall give due consideration to recommendations of the VILLAGE for acquisitions of land within the municipal limits of the VILLAGE, and to achieving a rough proportionality between (a) Land authority revenues generated within the VILLAGE and (b) amounts allocated for purchase of land within the municipal limits of the VILLAGE. . . (i) ALTERNATE TRAUMA DISTRICT LANGUAGE 5. Upper Keys Health Care Taxing District. In its capacity as the governing body of the Upper Keys Health Care Taxing District (the "Taxing District"), the Board of County Commissioners of Monroe County agrees within ninety (90) days of execution of this Agreement to budget and allocate $440,000 of Health Care Taxing District funds to be disbursed, at the VILLAGE's election, for a) such equipment, vehicle(s) and facilities specified by the VILLAGE within the authorized purposes of the Health Care Taxing District, to be paid for by the Health Care Taxing District, with a cost not to exceed $440,000; and b) transfer of the remaining balance of said $440,000 to VILLAGE to be then refunded by the VILLAGE to its taxpayers as provided by law. "\" h',.s \.5 ,.. -t. f> \ C\ c.~c:9- wi 1- ...-.-.....>'"