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3. 03/13/2008 Agreement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: April 24, 2008 TO: Reggie Paros, Director Housing & Community Development ATTN: Stacy DeVane Executive Assistant FROM: Isabel C. DeSantis Deputy Clerk At the March 19, 2008, Board of County Commissioner's meeting the Board granted approval and authorized execution of an Interlocal Agreement between Monroe County and the City of Key West to participate in the 2005 Disaster Recovery Community Development Block Grant (CDBG) Supplemental Funding Program. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact our office. cc: County Attorney Finance File INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND THE CITY OF KEY WEST, FLORIDA FOR COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY FUNDING THIS AGREEMENT is made and entered into this 19thday of March and between Monroe County (County) and the City of Key West, Florida (City). , 2008 by 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 Supplemental 2005 Disaster Recovery Community Development Block Orant (CDBO) in the amount of $10,249,714.00 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 ~ulf of Mexico in 2005"; and WHEREAS, the City of Key West has made the initial funds totaling $7,531,497.00 available county-wide; and WHEREAS, an interlocal agreement is required if a CDBO-funded activity is outside the jurisdiction of the applying local government, and exceeds the amount contained in the initial Interlocal Agreement dated December 20, 2006. NOW THEREI<'ORE, in consideration of the mutual covenants and obligations contained herein, County and City hereby agree as follows: 1. Puruose. The purpose of this Interlocal Agreement is to coordinate the Supplemental CDBG disaster relief funds, and any additional funds that may be awarded to the benefit of both parties. The Application for HUD 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 of Key West Community Development Office, managed by The Housing Authority of the City of Key West, Florida (Housing Authority) will administer this Supplemental CDBG A ward. The Housing Authority has retained an outside firm to perform Project Delivery Services. 3. Termffermination. 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 supplemental funding 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: Debbie Frederick, Acting County Administrator Monroe County 1100 Simonton Street Key West, Florida 33040 If to City: Jim Scholl, 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 Partv 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. Assilmment. 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. Indenmification. 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. Severabilitv. 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 LawlDisputesILitil!ation. 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. ~. N ~~J <( (::-:'. ,-". -' c: a- ". (.) .. :lI: c- od: - . . . .. M (...;., Cj .~ N w L_ ~~~~ r Ct:: w." 0- c:z: _J "'" <C Z I.'. = c> C> = :L: .... --,,"~~..:.;:::;:::sl"~ '~~'(,'L'<')'"-"<"')l~~" i~~' . .:;:(~;<'> f/"^ cccc\ ~23:: ..\,; 4~;~:.<"\:~ ~;i}'\ \:~~ ~='iiq \;:;.,'.'i.'.",...... .,'"~ . ,""',.r;, ~~'>'-/.~' ....~"'~ \:;~'/"~-' ~:T~ ....--;~,j: ~",.,'.-c.,.., -~;;--~ BOARD OF COUNTY COMMISSIONERS MONROE COmr\\ By: \J{\ Charles McCoy, Mayor Date: :;,-\~-o't, ATTEST: DANNY L. KOLHAGE, COUNTY CLERK By: JhaLJ().jO~ (Clerk) MONROE COUNTY ATTORNEY ~PPRmJ:.S TO FORM: ~ ~ . jf,.fntJrl&t J ~ CHRISTI E M. LIMBERT-BARROWS ASSISTANT CO~Y ATTORNEY Date -Lf2+/ :l OE COUNTY ATTTOR OVED AS TO FOR . CITY OF KEY WEST, FLORIDA Date: Morga McPherso 1/.11 'tl9 APPROVED AS TO FORM ANDlEG~ ~. . City Attorney Date: ~fOfJ CERTIFICATE OF COVERA( • Certificate Holder Administrator Issue Date 2/22/08 ATTN MONIQUE DIAZ Florida League of Cities, Inc. MONROE COUNTY BOARD OF COUNTY Public Risk Services COMMISSIONERS P.O. Box 530065 1 100 SIMONTON ST Orlando, Florida 32853-0065 KEY WEST FL 33040 COVERAGES THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE COVERAGE AFFORDED BY THE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT. COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER: FMIT .0303 COVERAGE PERIOD:FROM 10/1/07 COVERAGE PERIOD:TO 10/1/08 12:01 AM STANDARD TIME TYPE OF COVERAGE-LIABILITY TYPE OF COVERAGE-PROPERTY General Liability El Buildings ❑ Miscellaneous Comprehensive General Liability, BodilyInjury, Property Damage and Basic Form Inland❑ Marine ® Y• 1 rY• p Y 9 Personal Injury ❑ Special Form ❑ Electronic Data Processing ❑ Errors and Omissions Liability El Personal Property ❑ Bond ❑ Supplemental Employment Practice ❑ Basic Form ❑ ❑ Employee Benefits Program Administration Liability ❑ Special Form ® Medical Attendants'/Medical Directors' Malpractice Liability El Agreed Amount ® Broad Form Property Damage ❑ Deductible N/A ❑ Law Enforcement Liability 0 Coinsurance N/A ® Underground, Explosion&Collapse Hazard ❑ Blanket ❑ Specific limits of Liability El Replacement Cost * Combined Single Limit ❑ Actual Cash Value Deductible$5,000 Automobile Liability Limits of Liability on File with Administrator ❑ All owned Autos(Private Passenger) TYPE OF COVERAGE-WORKERS'COMPENSATION El All owned Autos (Other than Private Passenger) 0 Hired Autos ❑ Statutory Workers' Compensation 0 Non-Owned Autos ❑ Employers Liability $1,000,000 Each Accident S 1,000,000 By Disease S 1,000,000 Aggregate By Disease Limits of Liability *Combined Single Limit ❑ Deductible N/A Deductible N/A ❑ Automobile/Equipment— Deductible ❑ Physical Damage N/A-Comprehensive-Auto N/A-Collision-Auto N/A- Miscellaneous Equipment Other The limit of liability is$100,000 Bodily Injury and/or Property Damage per person or $200,000 Bodily Injury and/or Property Damage per occurrence. These specific limits of liability are increased to 51,000,000(combined single limit) per occurrence,solely for any liability resulting from entry of a claims bill pursuant to Section 768.28(5) Florida Statutes or liability imposed pursuant to Federal Law or actions outside the State of Florida. _ Description of Operations/LocationaNehicles/Special Items Re: Street Light Maintenance. The Certificate Holder is hereby added as additional insured,as respects the member's liability regarding the above described item. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE. DESIGNATED MEMBER CANCELLATIONS SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT EE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE,BUT FAILURE TO MAIL UTILITY BOARD OF THE CITY OF KEY WEST SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE PO DRAWER 6100 PROGRAM,ITS AGENTS OR REPRESENTATIVES. KEY WEST FL 33041 6100 • AUTHORIZED REPRESENTATIVE FMIT-CERT 110/981 � o (2.