04/21/2010 Agreement
RESOLUTION 113 - 2010
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA APPROVING THE DISASTER RECOVERY
INITIATIVE 2008 TROPICAL STORM FAY COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM INTER LOCAL AGREEMENTS FOR
THE CITIES OF KEY WEST, MARATHON, KEY COLONY BEACH AND
ISLAMORADA, VILLAGE OF ISLANDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Community AffailS (DCA) has announced the
Disaster Recovery Initiative 2008 Tropical Storm Fay Community Development Block Grant (CDBG)
Program for which Monroe County is allocated $2,488,963 for a countywide Disaster Relief Program;
and
WHEREAS, Monroe County has submitted an application and the State of Florida Department
of Community Affairs (DCA) has conducted a site visit and requested the execution and approval by both
parties of the proposed inter local agreements contained in the application.
NOW THEREFORE, be it resolved by the Monroe County Board of County Commissioners
that the County hereby:
Authorizes the execution of the attached Inter Local Agreements by Monroe County between the Cities of
Key West, Marathon, Key Colony Beach and Islamorada, Village of Islands for the 2008 Disaster
Recovery Initiative Tropical Storm Fay CDBG countywide program.
PASSED AND ADOPTED by the Board of County Comm issioners of Monroe County, Florida
at a regular meeting of said Board held on the 21 st day of April 2010.
\C)
Q
M
x:
a-
U)
W
G
~ ,.....: <-...:
:c <...) N
Mayor Sylvia Murphy
Mayor Pro Tern Heather Carruthers
Commissioner Mario DiGennaro
Commissioner Kim Wigington
Commissioner George Neugent
Yes
Yes
Yes
Yes
Yes
:;~u
~"":."
C l.w ,-~J
Z _..1 0.::
__<( U 2':
It,;...... c:-:
a
.....:.-
~
Deputy Cler
BOARD OF COUNTY COMMISSIONER OF
MONROE COUNTY~ ~
By: ~ ·
Mayo ylvia urphy
~/GS Jd
Approved as to legal sufficiency:
Date:
INPrEI~-L'()C~\L i\(;R'EI~~ll~NT
B J;: .'r\V I~ F: N
c~rr" OF K~:Y \:VES'f, '1~I.,OI{lD.~\.
i\ND
M{)NIl()E (~()lJN'rY
F()R
C()!\ll\1UNI1-'\l OEvrEl.l()(>MI~Nl" BLOCK G"I~4.\Nl~ (CI)lJ(-;)
20080ISAS1~Ell. IU~COVEI{ Y IN'rrI ~~~rI\/~:
THIS AGREEMENT is made and entered into thiS~~~Y Of~___, 2010 by
and between the City of Key West, Florida (hereafte.r ';'City'~) and J\.1onroe (:ounty (hereatter
~;'County~').
WHEREAS, Chapter 163, Florida Statutes, permits govemlnentaJ units to enter illtO
inter-local agreements to lnake tIle 1110st efficient use of their powers by enabling thcln to
c.ooperate \vith one another on a basis of n1utual advantage~ and
\VHEREi\S, both the City and the County are authorized by generalla\\-' to provide for
the health, safety, and welfare of citizens within their respective jurisdictions and now desire to
make the lTIOst efficient use of their powers by entering into tIns ~A.greenlent to serve their Inutual
best interests and advantage; and
WlIEREi\S, the COU11ty has applied for a 2008 Disaster Recovery Initiative COnl1TIUnity
])eveloplnent Block Grant (CI)LiG) in the amount of $2,488,963 Jionl the State of Florida,
Dcpa11rnent of Comn1unity Affairs (hereafter "'I)CI\~~) to be used for ~'disas1er relief, long telm
recovery and restoration of infrastructure~ housing and econoluic revitaliz.atlon in areas aflcctc:.d
by hurricanes, Hooding alld other natural disaster that occurred during 2008; and
\\'HER.Ei\S, Monroe County intends to lnake the funds available county-\vide; and
\VH":ItE~:.\.S, an inter-local agrcenlcnt is required if a CI)13G funded activity is outside
the jurisdiction of the applying local government.
NO'''' rrIJf~RE}t"O)l{i:, in consideration of the ll1utual covenants and obligations
cont8ined herein, the City and County hereby agree as follo\Ns:
I. .Purpose. 'IllC purpose of this Inter-local J\grccn1cnt is to coordinate the
distribution of the 2008 C'DJ3C} I)isaster Recovery Initiative (hereafter ~~CJ)f3(J-DI{r) funds f()r
the benefit of both parties and establish th.e jurisdiction \vilhin '\vhich the County is authorized to
undertake disaster relief) long tcrlTI rcc()very and restoration of infrastruc.ture and housing and
econolnic revitalization act.ivities. I'he f\pplication 'lor :2008 C~D B(i-I)I~..I flunding, including
attachn1cnts and supplements, \vill provide funding to eligible applicants and properties
county\vide.
2. Administrat'ion. lnc County will administer the 2008 CDf3G-I)R.I funds in
confoflnance wit]1 all applicable IfU'O requirclllcnts, as adnlinistered by DCA, and as delineated
lnore SlJccificalIy in the Application and in the Grant Award Agreement between the County and.
DCA. The County'Js 2008 CDBG-DRI Award \vill be n1anagcd by tlle Monroe County llousing
Authority (llousing Authority). The 110using Authority may seck an outside firm to perform
Project Deli\/ery Services.
3. Termrrermination. l"'he ternl of this i\.grecn1ent shall bcghl on the date of filing
all executed copy \vith the Clerk of the Court, and shall expire as of the date the 2008 (~DB(J-
DRl agreement is admin.istrati\'ely closed-out by the County.
4. tJurisdiction. 1~11C County. is authorized to disburse 2008 eDI30-DRI funds in
accordance \.~/ith 2008 CDBG-J)R.I Gra11t rcquirctncnts within the geographic. boundaries uf the
City of Key \\lest, Florida to eligible recipients for purposes of disaster relief, long tel111 rec.overy
and restoration of infrastructure and housing and econornic revitalization activities.
5. Consistencv "lith Comp Plan. By accepting 2008 CI)BG-DRI funds the
City.' aftirn1S that all activities Ulldcrtakel1 and funded \vith 2008 ("])(3(i-[)RJ funds arc consistent
\vith the (~ity.s C'ornprehensive })lal1.
'J
6. Notices. In the event either pal1y hereunder desires or is required to provide any
notice to the other party, the pUJ1y desiring or required to provide such notice shall provide it in
\\Titing, send it by certified 111ail, return receipt requestc.d~ postage prepaid~ to the oth~r party at
the address listed belovv:
If to ('fit)':
Jill1 Scholl:- City 1\1anager
City of Key \~!est, Florida
525 Angela Street
Key Wcst~ FI.J 33040
If to County:
!{on1an Gastesi, (~ounty Adn1inistrator
Monroe C.ounty
1100 Simonton Street
Key West, Florida 33040
7. Modification. No n1odific.ation, am endrrlc nt, or alteration in the terms ()r
conditions herein shall be effective urlless contained in a \vritten document executed \vith the
san1e fornlality and of equal dignity here\vith.
8. Execution.. rnlis Agreelnent shall be executed in duplicate and eacll shall be
considered an originaL
9. Disclaimer of Third l'artv Beneficiaries. rrhis AgreC111ent is sol~ly fc)r tile
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 bene11t of any third party.
10.
l\ssignmcnt.
"fhis i\greelTlcnt shall be binding on the parties, their
represcntatives~ successors and assigns. Neither party shall assign this /\greement or the rights
or obligations hereof to any other person or entity \vithoUl the prior \~Tiltcn consent of the other
party.
'"
-'
II. Indemnification. "rhe C'.jty~ as a state agency or subdivision defined in Section
768.28~ Florida Statu.t~s) agrees to be fully responsible to the Ji111its set forth in such statute for its
o\vn negligent acts or o111issions, or intentional tortlloU~ actions~ \Nhicb result in clain1s or suits
against either County or City~ and agrees to be liable to the statutory Iin1its for any danlages
proxinla1cly caused by said acts or olnissions, or intentional t.ortuous acts.
'fhc County, as a political sub-division \)f the State of Florida, a<i defined in
Section 768.28, l~'lorida Statutes, agrees to be fully responsible to the limits set forth in such
statute for its o\vn negligent acts or omissions, or intentional tortuous acts, vvhich result in clain1s
or suits against either the City or COUl1ty, and agrees to be liable to the statutory lin1its for any
damages proximately caused by said acts or olnissions, or intentiona~ tortuous acts.
Nothing contained in t11is Section shall be construed to be a waiver by either party
of any protections under sovereib'11 ilnmunity, Section 768.28 Florida Statutes, or any other
sinlilar provision of la\\'. Notlling contained herein shall be construed to be a consent by either
party to be sued by third parties .in any n1attcr arising out of this or any other Agreell1ent.
] 2. Severabilitv. If any part of this Agreen1ent is found invalid or un.enforc.eable by
any court, such invalidity or unenforccability shall not affec.t the other parts of the Agreement~ if
the right.s and obligations or the parties contained herein are not materially prejudiced and if the
intentions of the parties continue t.o be ctTected.
13. ~t\DJllicablc IJa\\,/lJisputes/Litieation. '[his Agreement and the provisions
contaIned herein shall be construed, controlled, and interpreted acc.ording to the lavv's of the State
of Florid.a. i\ny dispute involving litigation bet\Neen County and (:ity is suhjccl to all provisions
of C~haptcr 164~ t....lorida Statutes. 'T'he parties agree that in the event of any litigation arising out
of any all~ged breach or llon-perfoITI1anCC of this J~.greelnent~ the venue f()r such litigation shall
be in J\.1onroe C.ounty,! Florida.
14. .-\ttornev's .....ces and Costs. --[he County and the C~ity agree that in the event any
cause of action or aurninistrati\/e proceeding is iniliated or defended by any party relative to the.
4-
enforccnlcnt or interpretation of this /-\grCe111cnt, the prevailing party shall be entitled to
reasonable attorney's fccs~ COUIi costs~ jnvesligati\'e~ and out-of-pocket cxpenses~ as an a\vard
against the non-prevailing party, and shall include anorney~s fees, courts costs~ investigative, al1d
out-of-pocket expenses in appellate proceedings. lvlediation proceedings initiated a.nd conducted
pursuant to tbis .t\gn.:.en1ent shall be in accordance \-vith the r'lorida Rules of C:ivil Procedure al1d
usual and custonlary procedures required by t.he circuit court of lV1onroc (~ounty.
15. Nondiscrimination. I'he County and the City agree to c0111ply with all Federal
and Florida statutes, and all local ordinances, as applicable, relating to nondiscrinlination. 'rhcse
include but are not limited to: I) Title VI of the Civil Rights Act of 1964 (I')L 88-352) which
prohibits discrimination on the basis of race, color or national origin; 2) "fitle IX of the Education
l\n1endlnent of 1972, as an1.ended (20 lJSC ss.1681-1683, and 1685-1686), \vhic.h prohibits
discriminatioll on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amend.ed
(20 use s~ 794), \vhich pr()hi.bits discrilninatiol1 on the basis of handicaps; 4) 'rhe Age
Discrimination i\ct of 1975, as amended (42 use SS. 6101-6107) \\lhich prohibits discrilnination
on the basis of age; 5) 'I'he Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
mucnded, relating to nondiscrimination on the basis of dl1Jg abuse; 6) l"'hc Comprehensive
Alcohol Abuse and Alcoholisn'l Prevention, T'reatnlent and Rehabilitation Act of 1970 (PL 91-
616), as amended, relating to nondiscrimination on the basis of alc.ohol abuse or alcoholislu; 7)
'fhe Public }-Iealth Senric.e i\ct of 1912, SSe 523 and 527 (42 US(~ SS. 690dd-3 and 290ec...3), as
amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the
Civil Rights I\ct of 1968 (42 use s. et seq.), as an1ended, relating to nondiscrimination in the
sale, rental or financing of housing; 9) The A.mericans with Disabilitie.s Act of 1990 (42 LISe s.
1201 Note), as Inaybe alnended fron1 tilnc to tilne, relating to nondiscrin1ination on the basis of
disabiJity~ 10) ;\ny ot.her nondiscrimination provisions i!1 any Federal or state statutes vlhich
lnay apply to the parties to, or tIle subject rnatter of, this .r\grcenlcnt.
16. Public ~4ccess. '[he County and .the (~it}~ shall allo\v and pcrnlit reasonable access
to~ and inspection of: all doctln1c.nts) papers, letters or other tnatcrjals in its possession or under
its control subject to the provi sions of C"'haptcr 119., Florida Statute-s~ and rnade or received by the
5
('ount)/' and the City in conjunction \vith this t'\.green1cnt; and either paliy shall have the rj ght to
uni laterally cancel this !\grcen1cnt upon violation of this provision.
17. Privileges antI Ilnmunitics.. I\ll of the privileges and inllnuni.ties t1.0111 liability,
cxen1ptions fronl la\vs, ordinances, and rules and pensions and relief, disability~ \vorkcrs~
conlpel1sation, and other benefits \vhich apply to the activity of officers, agents~ or elnployees of
any public agents or cn1ployees of the (:ounty or the City, when pcrfonning their respective
functions under this :\greerrlent vvithin their respective territorial lilnits shall apply to the sanle
degree and extent to the perfornlance of such functions and duties of such officers, agents,
volunteers, or employees outside their respective territoriallim.its.
18. Lceal Oblie:ations and ll.esl1onsibi.lities: Non-Delegation of COl1stitutiollal or
Statutory Duties. TI1is Agreclnent is not intended to, nor shall i.t be construed as, relieving any
participating entity fr0111 any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in \vhich case
the performance n1ay be offered in satisfaction of the obligation or responsibility. FUl1her, this
Agreenlent is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County or the City, except to the extent permitted by the
Florida constitution, state statute, and case law..
19. No Personal Liabilitv. No covenant or agrcenlent contained herein shan be
deen1ed to be a covenant or agreeJllent of any nleJnber, officer, agent or enlpJoyce of the County
or the City in his or her individual capacity, and no member, officer~ agent or cnlploycc of the
COlll1ty or the City shall be liable personally on this ,,~grccment or be subject to any personal
1 iabil ity or accountabiJ ity by reason 0 f the execution of this .Agreenlent.
20. f:xccution ill Counte..flarts. rrhis Agreenlent may be executed in any number of
counterparts, each of \vhich shall be regarded as an original~ all of \vhich taken together shall
constitute one and the saIne instrument and any of the parties hereto n1ay execute this J\greclllcnt
by singing any such c.ounterpart.
G
21. Section Ileadi.lgs. Section hj~(HJings have been inserted in this !\grccDlcnt as a
!Tlattef of convenience of' reference unly, and it is agreed that StIch section headings are not a parl
or this .;'\greenlent and \viIJ not be used in the interpretation of any provision of this /\grccn1cnt.
22. IVlutual I{cvic\v. 'This agrcen1c11t has been carefully rcvic\ved by the (~ounty and
the (~ity, thercJ(}rc this agrccIllcnt is not to be construed against either party on the basis ()f
aut horship.
23. Effectiyc Date. 'Ihis i\grcenlent shan take effect upon filing a fully executed
copy \vith the rvtonroe. County Clerk of the Court
The remainder of this pag~ has been intentionally left blank.
7
IN '\fITNF~SS \\'l-IEIU~OF, the parties hereto have executed this ./\greenlcnt for tllC
purpose herein expressed as of the da.te and year first \vriUen above.
-- ... ". -- ...: ~
;#,,4'r.' ~......
~~'..
~.. ,. ''$J~.,
;'1;~;\~{:,\<~<
',. -At'h:;ST:DANNY L. KOLHAGE, Clerk
C:[oJEI<K OF ]"'lIE ~OlJI{rr
BU_
D.L.
crry or~ K.EY WES1~~ FI.~OR.II)i\
- ~ . ~~-----_.__._-
c~~~;-
f\.l)p'Ro\rl~D AS T'O l~\()I<J\. .
--L-
.-
(City l\JtoI11ey)
MONROE COUN~r)T
i\PIJRO'Vl:D 1\8 '1"0 FOI{.J\1:
. . . ---q~.._-~P
COll ty A.ttomcv) -- ""
. - ~?~ ~
,.'.. N
co
(.--. '" : ~":...
...._~ ;:-) ~
:-:.. :-i l>
'; CJ
r'. f'T1
.."
:x
ca
o
0\
'"""Tl
r-
f11
o
."
o
:::0
:::0
,."
n
o
;0
o
8
RESOLUTION NO. 10-130
A RESOLUTI:ON OF THE CI:TY COMMI:SSION OF THE
CITY OF KEY WEST, FLORIDA, AUTHORI:ZING THE
ATTACHED INTERLOCAL AGREEMENT BETWEEN THE
CITY OF KEY WEST AND MONROE COUNTY FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2008
DISASTER RECOVERY INITIATIVE; PROVIDING FOR AN
EFFECTIVE DATE
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST,
FLORIDA, AS FOLLOWS:
Section 1:
That the attached Interlocal Agreement between
Monroe County and the City Of Key West regarding CDBG 2008 Disaster
Recovery Initiative funding is approved.
Section 2: That this Resolution shall go into effect
immediately upon its passage and adoption and authentic~tion by the
signature of the presiding officer and the Clerk of the Commission.
Passed and adopted by the City Commission at a meeting held
this
6th
day of
April
, 2010.
Authenticated by the presiding officer and Clerk of the
Commission on
April 7
, 2010.
Filed with the Clerk
April 7
, 2010.
C~~t<YOR
~~
1\;1"ONROE COUNTY flOUSING I\Ul-'I-IORI/fY
1400 I<I~NNI~I) \:' 1)IZl\7L~ · I(r.~:{ \X!E~SI', FI-J()l{ll)~-\ .)3040 · 305 29(),~S(;21
Board of COJnnlissioners
lIarry Bethel
}.\aron (~i\stiIIo
l\ilargaret (':;il
!\iHon Lopez
[)dvid Purdo
J. \-fanucl C:asri]lo,. Sr.
r~:-:.,:(:.;ti \'C Di r~ 'c I :)f
January 29,2010
!vlr. Jin1 Scholl
City~ 1v1anager
City of Key \V'cst
525 Angela Street
Key West, ,FI~ 33040
J{etercnce:
State of Florida, DepartIncnt of COlnnlunity l\ffairs
2008 Disaster !{ecovery Initiative - Tropical StOll11 I~'aye
Dear Mr. Scholl:
On Decenlber ] 8~ 2009, Mr. J. Malluel Castillo, Sr., provided you with the attached letter and
dOCUlTIClltatlon via en1aiL I"he applicatioll referenced ill the attached dOCUITlelltatioIl has beerl
sublniucd to the Stah: of Florida Departme11t of Community Affairs for funding.
III order for the residents and/or eligible applicants to rece.ive funding under this countywide
progran1, the State of Florida requires the execution of an inter-local agreernent betVv'een the City
of ~ey \Vest and Monroe COUllty.. i\ttached please find a proposed lnterlocal Agreerrlent
prepared by the Monroe (~ounty Attorlley's Office. I f you or staff sh<.)uld have any questions
regarding this dOClllnent, please feel free to contact !vIr. Pedro J\;lercado, /\ssistant (~ounty
Attorney at 305-292-3470.
If you or staff should have any questions regarding the prograll1 and/or the Interlocal Agreenlcnt
prior to obtaining approval of tIle City Con11nission, please feel free t() contact me at 305-296-
5621 extension 247.
1lis incerel~:=>
'''-', ~,_._-
. "~
J () " n J!:..t:?J3ri en
p~hject Manager
Cc: J. l\-fan ue] (~asti 1!o~ Sr.