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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: INTER-LOCAL ~~G.REEMENT BE1"WEEN ISLAMORADA) VILLAGES OF ISL~.\.NDS AND MONROE COIJNTY ~~OR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2008 DISASTER RECOVERY INITIATIVE TIDS AGREEMENT is made and entered into thisJ/~y of ~ ' 2010 by and bet\veen lSLAMORAD"t\, VILLAGES OF ISLANDS (hereafter "ViIlage~') and Monroe County (hereafter "County"). WHEREAS, Chapter 163, Florida Statutes, permits governmental units to enter into inter-local agreements to make tIle most efficient use of their powers by enabling them to cooperate \vith one another on a basis of mutual advantage; and WHOEREAS, both the Village and the County are authorized by. general law to provide for the health, safet)l, and welfare of citizens within their respective jurisdictions and now desire to make the nlost efficient use of their po\vers by entering into this Agreement to serve their mutual best interests and advantage; and WHEREL\S, the County has applied for a 2008 Disaster Recovery Initiative Con1ITlunity Development Block Grant (CDBG) in the amount of $2,488,963 frool the State of Florida, Department of Community Affairs (hereafter "DCA") to be used for ~'disaster relief, long term recovery and restoration of infrastructure, housing and econornic revitalization in areas affected by hurricanes, flooding and other natural disaster that occurred during 2008; and \VIIE"RE...t\.S, Iv1onroe County intends to lnake t.he funds available cOllnty-\\1de; and 'VHERJi~..t\.S, an inter-local agreement is required if a CDBG funded activity is outside tIle jurisdiction ofrhe applying locaJ government. NO'V TI-IEREFORE, in consideration of the mutual covenants and obligations contained herein, the Village and County hereby agree as follo\vs: 1 ~ Purpose.. The purpose of this Inter-local .tt\greenlent is to coordinate the distribution of ihe 2008 CD"BG Disast.er Recovery Initiative (hereafter ~'CDB(}-DRI~') funds for the benefit of both parties and establish the jurisdictioll vvithin vvhich the (~olmty is authorized to undertake disaster reliet~ long tern1 recovery and restoration of infrastructure and housing and econon1ic revitalization activities. l'he Application for 2008 C:DBG-DRJ Funding, including attachnlents and supplements, will provide funding to eligible applicants and properties county\vide. 2. Administration. The County will administer the 2008 CDBG-DRI funds in conformance \vith all applicable HUD requirements, as administered by DCA!, and as delineated more specifically in the Application and in the Grant Award Agreement between the County and DCA. T'he County's 2008 CDBG-DRI Award ~ill be managed by the Monroe County HOllsing Authority (Housing Authority)~ The Housing Authority may seek an outside firm to perform Project Delivery Services. 3. Termffermination. Tile term of this Agreelnent shall begin on the date of filing an executed copy \-vith the Clerk of the Court, and shall expire as of the date the 2008 CDBG- DRI agreement is administratively closed-out by the County. 4. ,Jurisdiction. The County is autllorized to disburse 2008 CDBG-DRI funds in accordance \-vith 2008 CDBG-DRI Grant requirements \vithin the geographic boundaries of IsIamorad~, Village of Island", to eligible recipients for purposes of disaster relief, long term recovery and restoration of infrastructure and housing and economic revitalization activities. 5. Consistencv With Cornu Plan. By accepting 2008 CDBG"-DRI funds the Village affirms that all activities undertakel1 and funded \vith 2008 CDBG-DRI funds are consistent ,^!ith the \TilIage' s Comprehensive Plan. 2 6. 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 suc.h notice shall provide it in writ.ing, send it by certified n1ail~ return receipt requested, postage prepaid, to the other party at the address listed beJo\v: If to Village: Mr. "Kenneth Fields~ Village J\1anager Islamorada;. Village of Islands 86800 Overseas rligh\vay Islanlorada, Florida 33036 If to County: Roman Gastesi, County Administrator lvtonroe (~unty 1 100 Simonton Street Key West) Florida 33040 7. Modification. No modification, amend1nent~ or alteration in the terms or conditions herein shall be effective unless contained in a written document executed \.vith the ScJl1e formality a~d 0 f equal dignity herewith. 8. Execution. Tllis Agreement shall be exec'uted In duplicate and each shall be considered an original. 9. Disclaimer of Third Pam Beneficiaries. l11is 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. 10. l\.ssignmen t. This .&A.greement shall be binding on the parties, tlleir rel)resentatives~ successors and assigns. Neither party shall assign this 4Agreement or the rights or obligations hereof to any other person or entity \vithout the prior \\rritten consent of the other party. "') -' II. Indenlnification. r.he Village, as a state agency or subdivision defined in Section 768.28~Florida Statutes~ agrees to be fully responsible to the limits set forth ill such statute for its own negligent acts or on1issions, or intel1tional tortuous actions~ \vl1ich result in clain1s or suits against either County or Village, and agrees to be liable 10 the statutory lin1its for any damages proxin1ately caused by said acts or omissions, or intentional tortuous acts. 'rhe Cou.nty ~ as a political sub-division of t.he State of Florida, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set f()rth in such statute for its own negligent acts or omissions, or intentional tortuous acts, which result in claitns or suits against e.ither the Village or County, and agrees to be liable 10 the statutory limits for any damages proximately. caused by said acts or omissioI1S, or intentional tortuous acts. Nothing contained in this Section shall be construed to be a waiver b}T 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 COllsent by either party to b7 sued by third parties in any matter arising out of this or any other Agreement.. 12. 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 Agreernent, if the rights and obligations or the parties contained herein are not materially prejudic.ed and if tlle intentions of tIie part.ies continue to be effected. 13. i\ppJicable LawlDisputeslLitif!ation. This Agreement and the prOVISions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. ~A.ny dispute involving litigation bet\veen County and Village is subjeci 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. 14. i\ttornev's Fees and Costs. The County and the Village agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to 4 the enforcement or interpretation of this Agreelnent, the prevailing party shall be entitled to reasonable attorney~s fees, court costs~ investigative., and out-of-pocket expenses~ as an av~'ard against the non-prevailing party, and shall include attorney's fees~ courts costs, investigative, and out-of.-pocket expenses in appellate proceedings. 1\1ediation proceedings initia.ted and conducted pursuant to this l\greement shall be ill accordance with the Florida Rules of Civil Procedure and usual and custon1ary procedures required by the circuit court of Momoe County. 15. Nondiscrimination. ]'he County and the Village agree to c0111ply \vith all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights l\ct of 1964 (IjL 88-352) \.vhich prohibits discrimination on the basis of race, color or national origin; 2) '-ritle IX of the Education Amendnlent of 1972, as anlended (20 tJSC ss.1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 c1f the Rehabilitation Act of 1973, as amended (20 use s. 794), which prohibits discrimination on the basis of h.andicaps; 4) 1'he Age Discrimination. Act of 1975, as amended (42 use SS~ 6101-6107) which prohibits discrimination on the basis of age; 5) rrhe Drug ...Abuse Office and 1'reatlnent Act of 1972 (PL 92-255), as am.ended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended~ relating to nondiscril11ination on the basis of alcohol abuse or alcoholism; 7) The Public I-Iealth Service Act of 1912, ss. 523 and 527 (42 use ss. 690dd-3 and 290ee-3), as ame.nded, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 use s. et seq.), as anlended, relating to nondiscrimination in the sale, re.ntal or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 use s. 1201 'Note), as maybe an'}ended frorn tin1e to tiIne, relating to nondiscrimination OIl the basis of (lisability; 10) Any other nondiscrimination provisions in any Federal or state statutes wl1ich may apply to the part.ies to, or the subject mat1er of, this Agreen1ent. 16. Public ...t\ccess.. The C:ounty and the ViIlage shall allow and pern1it reasonable access to~ and inspection of, all documents~ papers:- letters or other Inaterials in its possession or Ul1der its control subje.ct to the provisions of C.hapter 119, Florida Statutes, and made or received j b)l t.he County and the Village in conjunction with tlllS Agreement; and either party shall have the right to unilaterally cancel this i\greement upon violation of this provision. 17. Privile2es and lmmunities_ l\ll of the privileges and immunities from liability) exen1ptions from laws, ordinances, and rules and pe.nsions and relief, disability, \Norkers~ cOlllpensation, and other benefits \vhich apply to the activity of officers, agents~ or elnployees of any public agents or en1pJoyees of the County or the Village, \vhen performing their respective functions under this Agreement vvithin their respective territoriallimjts shall apply to the same degTee and extent to tbe performance of such functions and duties of such officers~ agents, volunteers, or employees outside their respective territorial limits. 18. IJe!!al ObJieations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor slUlll it be construed as, relieving any .participating entity from 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 which case the performan.ce may be ofTered in satisfaction of the obligation or responsibility. Further, th~s i\.greenlent is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County or the Village~ except to the extent permitted by the Florida constitution, state statute, and case law. 19. No Personal Liabilitv. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of the County" or the Village in his or her individual capacity, and no member, officer, agent or employee of the County or the Village shall be liable personally on this Agreement or be s'ubject to any personal liability or accountability by reason of the execution of this l\greement. 20& Execution in Counterparts. This I'\greement may be executed in any number of counterparts) each of which sllall be regarded as an original, all of which taken together shall constitute one and the same instl1.Unent and a11Y of tIle parties hereto l11ay execute this l\greelnent by singing an:y such counterpart.. 6 21. Section Headings. Section headings have been inserted in this l\green1ent as a matter of convenience of reference only, and it is agreed that such section 11eadings are not a part of tl1is i\greC111ent and \viIl not be used in the interpretation of any provision of this ~A.greement. 22. Mutual Review. '[his agreelnent has been carefully revie\ved by th.e County and the Village, therefore this agreement is not to be construed against either party on the basis of authorship. 23. Effecti\'e Date. This Agreement shall take effect upon filing a fully executed GOpy with the Monroe County Clerk of the Court The remainder of this page has been intentionally left blank. 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement for the purpose herein expressed as of the date and year first written above. ATTEST: VILLAGE CLERK By: ISLAMORADA, VILLAGE OF ISLANDS ~ Mic ael Reckw at, Mayor APPROVED AS TO FORM AND LEGALITY FOR THE USE AND BENEFIT OF ISLAMORADA, VILLAGE OF ISLANDS ONLY: ~~ (Village Attorney) >.<",~l~llST:;nANNY L. KOLHAGE, Clerk ,,~N'" '~~...~~:'~:CLERKf"OF THE COURT .' MONROE COUNTY: B~ DL. SYlvi:"~~h~~YOr o 0:: o (...) \.J.J c:: a:::: o lL- o W -1 LL- \D C M s: 0- eD N c::. ~ c::> -- c::;:;) ~ uJ ~:. ~ t; '::.~ I . ". ~,... - '....L t :).~ l.t,,,~ t~ ~?-= _! Ct: :.r.: U 2". 4 C) (:) ::: APPROVED AS TO FORM: RESOLUTION NO. 10-03-24 A RESOLUTION OF THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH MONROE COUNTY FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) DISASTER RECOVERY INITIATIVE; AUTHORIZING VILLAGE OFFICIALS TO IMPLEMENT THE TERMS AND CONDITIONS OF THE INTERLOCAL AGREEMENT; AUTHORIZING THE MAYOR TO EXECUTE THE INTERLOCAL AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Monroe County (the "County") has applied for a 2008 Disaster Recovery Initiative Community Development Block Grant (CDBG); and WHEREAS, an interlocal agreement between Islamorada, Village of Islands (the "Village") and the County is required in order for the funds to be available county-wide; and WHEREAS, the Village Council deems it in the best interest of the Village to make this funding available through the County to Village residents; NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF ISLAMORADA, VILLAGE OF ISLANDS, AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. Section 2. Approval of Ae:reement. The Interlocal Agreement (the "Agreement") between Monroe County and the Village to provide for the Community Development Block Grant (CDBG) 2008 Disaster Recovery Initiative, a copy of which is attached as Exhibit "A," together with such non-material changes as may be acceptable to the Village Manager and approved as to form and legality by the Village Attorney, is approved. CERTIFIED COpy OF ORIGINAL Section 3. Authorization of Villa2e Officials. The Village Manager and/or his designee and the Village Attorney are authorized to take all actions necessary to implement the terms and conditions of the Agreement. Section 4. Execution of A2reement. The Mayor is authorized to execute the Agreement on behalf of the Village, to execute any required documents to implement the terms and conditions of the Agreement and to execute any extensions and/or amendments to the Agreement, subject to the approval as to form and legality by the Village Attorney. Section 5. Effective Date. This Resolution shall become effective immediately upon its adoption. . PASSED AND ADOPTED this 25th day of March, 2010 Motion to adopt by Vice Mayor Achenberg; seconded by Councilman Purdo. FINAL VOTE AT ADOPTION Mayor Michael Reckwerdt Vice Mayor Don Achenberg Councilman Bob Johnson Councilman Ken Philipson Councilman Dave Purdo YES YES YES YES YES [THIS SPACE LEFT INTENTIONALLY BLANK] ATTEST: !~att~RK ,/W~4 ~ICHAEL RECKWERDT, MAY' . R APPROVED AS TO FORM AND LEGALITY FOR THE USE AND BENEFIT OF ISLAMORADA, VILLAGE OF ISLANDS ONLY: - ~ VILLAGE ATTORNEY Weiss, Serota, Helfinan, Pastoriza, Cole & Boniske, P.L.