Item F1 F.1
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District I
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
June 15, 2022
Agenda Item Number: F.1
Agenda Item Summary #10632
BULK ITEM: No DEPARTMENT: County Land Acquisition and Land
Management
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180
9:15 A.M. County Land Acquisition and Land Management
AGENDA ITEM WORDING: Approval of Second Amended and Restated Interlocal Agreement
between Monroe County Land Authority (MCLA) and the Monroe County Board of County
Commissioners (BOCC) regarding the administration of Land Acquisition and Management
Programs.
ITEM BACKGROUND: The County and Land Authority (MCLA) entered into an interlocal
agreement on July 21, 2021 consolidating acquisition programs previously administered by County
staff with the Land Authority. The agreement was amended on September 15, 2021 to allow
reimbursement of MCLA staff time under the Community Development Block Grant — Disaster
Recovery (CDBG-DR) Voluntary Home Buyout(VHBO)Program also referred to as "VHBP".
The 2nd amendment is proposed to allow the MCLA to administer FEMA funded HMGP and FMA
Elevation and Demolition/Reconstruction programs, as well as any future State or Federal grants for
elevating structures, etc.
Previously, the MCLA powers did not allow it to administer elevations or demolition/reconstruction
grants; however, to streamline grant administration these programs are being moved to the MCLA
management.
To accomplish this, the State enacted Chapter 2022-75, Laws of Florida, (Senate Bill 442) which
broadened the MCLA powers to include:
380.0666 Powers of land authority.—The land authority shall have all the powers necessary or
convenient to carry out and effectuate the purposes and provisions of this act, including the
following powers, which are in addition to all other powers granted by other provisions of this act:
(3) (c) To assist the county in which it is located in the administration of state and federal grants
awarded to the county for residential flood and sea-level rise mitigation projects, including grants for
the elevation of structures above minimum flood elevations; the demolition and reconstruction of
structures above minimum flood elevations; and the acquisition of land with structures at risk of
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flooding.
Further, the termination of the agreement is being amended to be consistent with Section 380.0674
(2) Florida Statutes, which indicates a "land authority created by a county in which one or more
areas have been designated as an area of critical state concern for at least 20 consecutive years prior
to removal of the designation shall continue to exist and exercise all powers granted by this chapter
until terminated by law or action of the governing board pursuant to subsection (1)" and therefore,
termination of this agreement is being changed from termination of the Florida Keys Area of Critical
State Concern designation to be consistent with this section and tied to a future action by the
Governing Board.
Finally, the MCLA will assist in coordination of use and management of properties foreclosed upon
through code compliance proceedings.
Other edits have been made to align the agreement with current practices.
PREVIOUS RELEVANT BOCC ACTION:
July 21, 2021 - Approval of an Interlocal Agreement between Monroe County Land Authority
(MCLA) and Monroe County (MC) authorizing MCLA to manage acquisition programs.
September 15, 2021 —Approval of 1st Amendment to Interlocal Agreement between Monroe County
Land Authority (MCLA) and Monroe County (MC) authorizing MCLA to allow staff time
reimbursement.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Interlocal agreement MCLA BOCC Administration of land acquistion programs
First Amendment to BOCC MCLA ILA for Administration of Land Acq Programs to add
reimbursement of staff time
Chapter 2022-75 Laws of Florida SB 442
2022 ILA-2nd Amendment Underline-Strikethrough Version
2nd Amendment to MCLA-BOCC ILA
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
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Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
N/A
REVIEWED BY:
Bob Shillinger Completed 05/31/2022 12:40 PM
Dina Gambuzza Completed 05/31/2022 1:29 PM
Christine Hurley Completed 05/31/2022 1:39 PM
Purchasing Completed 05/31/2022 2:00 PM
Budget and Finance Completed 05/31/2022 4:16 PM
Risk Management Completed 05/31/2022 4:31 PM
Lindsey Ballard Completed 05/31/2022 4:34 PM
Board of County Commissioners Pending 06/15/2022 9:00 AM
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CAT r+
Kevin Madok, CPA
Monroe n
Clerk of the Circuit Court&Comptroller— o oe County, Florida
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DATE: July 30, 2021
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TO: Emily Schemper
Planning & Environmental
FROM: Sally M. Abrams, D.C. U
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SUBJECT: July 21" BOCC Meeting U
Attached, for your handling, is an electronic copy of K12, an interlocal agreement
between Monroe County Land Authority (MCLA) and Monroe County (MC) authorizing M,
the MCLA to manage S MC employees and MC acquisition programs including: Density
Reduction Program, Less than Fee Program, Habitat Restoration Program, Re-sale of vacant
Density Reduction lots without Development Rights, the CDBG-DR Voluntary Home Buyout,
and the HMGP-Buyout programs; and repealing the prior interlocal agreement dated October 19,
2016.
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KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILB{N[
50OWhitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 high Point Read
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 PI
305-294-4641 305-289-6027 305-852-7145 30 Packet Pg. 1081
INTERLOCAL AGREEMENT BETWEEN THE MONROE COUNTY LAND AUTHORITY
AND THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY REGARDING
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THE ADMINISTRATION OF LAND ACQUISITION PROGRAMS
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This Interlocal Agreement ("Agrcement") is made and entered into this 21 st day of July, 202 1, by
and between the Board of County Conit-nissioners of Monroe (-ounty, Florida ("BOCC-) and the Monroe
County Comprehensive Plan I,,and Authority ("MCI-A")•
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WHEREAS,the State of Florida through the Florida Keys Area Protection Act has identified, the
State's intent to ensure that the population ofthe Florida Keys can be safely evacuated in the event of 9=
hurricane and has designated the Florida Keys as an Areas of Critical State Concern. F.S.380.0552.
("'Keys ACSC-); and
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WHEREAS, the State of Florida has, provided that ttle land autl4ority may acquire and dispose of u
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real properly Or an), interest therein when such acquisition is necessary or appropriate to prevent or satisfy 0
the purposes and provisions of its governing act, including conservation(natural: environs en( and wildlife
habitat), recreation, affordable housing, and private property rights claims reSUlting frorn litilitations U)
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Proposed by the designation ofan area of critical state concern. F.S.380.0666(3);and
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WI- ER Monroe County has adopted such an ordinance creating Monroe COL111ty CL
Comprehensive Plan band! Authority ("MCL.,A") and granting it the power to do any and all things
necessary or convenient to,carry OUI the purposes of such an ordinance. Monroe County Code Sec. 2-397;
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2-398,- and
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WHEREAS, Monroe County has adopted a Rate of'Growth Ordinance("ROGO"), as set forth in
Chapter 138 of"the Monroe County [,,and Development Code, with the stated purpose of protecting the
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residents, visitors, and property in the COLInty from natural disasters, specifically including hurricanes by 0
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limilting the annual amount and rate of residential development conirnensurate with the counity's ability to 0
maintain a reasonable and safe hurricane evacuation clearance fline; and
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WHEREAS, ROGO pernlit allocations are currently limited, by rule promulgated by the Florida S
Administrative Code Rule 28-201.140, to 197 permits per year for Monroe COL1,11ty with: an anticipated E
build out of all available permits for the Florida Keys by tile year 2023;
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WHEREAS, M0nrOC COL111ty amended its Comprehensive Plan to extend that date to 2026 by 0
slowing the distribution rates of ROGO permits as set forth in F A.C- 28-20.1,40,and
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WHEREAS. ROGO is iniplernented, through a tier system whereby real property is divided into
three tiers establishing criteria for the evaluation of real property for the building pernlit application
process wvithin Monroe County, 'I'lle most highly developable infill properties are designated as 'Fier III E
properties. Monroe County Code Sec. 1;1 3 8-28-1 and
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WHEREAS, there are currently approximately 8,0001 undeveloped, piivatcly owned parcels, with
over 3,000 Of these Undeveloped, privately Owned parcels designated as -rier III properties in Monroe
County; and
WHEREAS, ClUe to [lie firnitations oil the number of ROGO allocations imposed by (he State of
Florida, Monroe County may be unable to issue residential building pernifts for all of the undeveloped E
privately owned parcels, in Monroe County;and
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WHEREAS, in order to reduce tile potential liability of Monroe County for property rights C
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claims and to address the corresponding potential impacts on the County's hurricane evacuation clearance
finles, the BOCC desires to implement as many acquisition i programs as possible to offset the risk of
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potential property rights claims'- and
WHEREAS, BOCC has:
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A. Created the Less TImn Fee Acquisition Prograim;
B. Created the Density Reduction Program by implementing Fund 316 for Acquisition;
C. Autilorized the resale of up to eleven (11: 1) lots acquilred under the Density Reduction
Program with deed restrictions that stripped abilityof owner to apply for a rate of growth _j
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ordinance (ROGO)allocation; 2
D. Supported land inaintenance of conservation lands including coordination of land U
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maintenance of vacant county owned land from the Monroe COUnty Environmental Land 0
Management and Restoration Fund (I"und 160, aka MCELMR17, a non-ad valorem: fund); m
E. Supported acquisition programs related to grant funding received by the COUIlty U)
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including but not limited to:
a. Community Development Block Grant(CDBG) 0
b. Hazard Mitigation Grant Prograni(HMGP)(currently in application with CL
FDEM)
C. Flood Mitigation Assistance(FMA) program: (currently developing applications);
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As well as
F. AL111101'imd Couility and MCLA staff to coordinate witil State Department of
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Fnvironmental protection (DEP) and Deparfim lle of Economic OppOrtUnity (DEO) on 0
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Florida Forever project properties by 2017 MernorandLUM of Agreement and 0
Confidentiality Acknowledgement for the Florida Forever Keys Projects, located in
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Monroe County,as arnended for the 2 nd tittle on May 20,2020;and
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WHEREAS, the BOCC would like to create a grog rani to forniallize the disposition of Density E
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Reduction Lots, wvithout development rights, and would like MCLA staff to help, create and administer <
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that program;and U
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WHEREAS, the, BO,CC also desires to,continue to work cooperatively with the DEf) to purchase
Florida Forever Properties in tile Florida Keys foi- the purposes of preserving envirollmentallY sensitive
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lands and for the purposes of reducing the State and County's potential exposure to property rights
claims; and
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NOW THEREFORE.,the parties agree as follows:
SECTION I - RECITAI.,S: 'Tile above recitals are If'Lie and correct and: are incorporated herein by
relerence, The parties intend for this Agreement to address program adn'linistration of acquisition 0
programs described belo�w.
SECTION 2 - ADOPTION: ']'he interlocal agreement bet"feen MCLA and BBC C dated October
19, 2016, is hereby repeated and replaced by this interlocal agreement. This agreement shall have E
a phased inipleimentation. Starting oil August 22, 2021, the MCLA shall, be authorized to begin
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mplernentation and management of the programs set forth in Section 3 along with access and
USC of the vehicle set forth in Section 8, herein. The remainder of this agreement shall! become N
effective as of October 1, 021. This agreement shall terminate upon terimnation of the I'lorida
Keys Area of Critical State Concern designation, unless tertninatcd earlier according to, the terms E
of this agreement.
SECTION 3 - PROGRAMMING: MCLA's administration will include grant management of the
BOCC programs outlined below (hereinafter [lie -Programs"), including, bL11 111ot lirnited too seller and/or 0
buyer coordination- negotiating purchase and sale agreements, ordering due diligence products on behalf
of the BOCC, including but nol limited to appraisals. boundary surveys, environmental assessments and
any offier inspect ions required in order to facilitate the BOCC*s acquisition,and ordering closing set-vices,
title corninitments, and title insur-ance policies on behall" of the BOCC The MCLA staff shall be U
responsible for preparing all agenda items necessary to accomplish the purposes of this agreement, 2
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including but not lirnited to agenda items requiring BOC'C approval. MC LA staff shall coordinate with U
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BOCC staff as to placement on the appropriate segment of the BOCC portion of the agenda. 1-ands, m
acquired under said Programs shall be purchased with funds from either the BOCC or the referenced grant U)
programs and shall be titled in the BOCC. MCLA's administration shall inClUde land stewardship E
activities pursuant to Program IV below when the acquired properties are suited For ri'lanagernent as
conservation land. Otherwise, the BBC C agrees to niaintain the acquired properties and MCLA's 0-
acitnirdstration shall include coordinating with BOCC stalT (Facilities Maintenance or Project CL
Management) regarding maintenance activities such as mowing,trash removal,etc. when needed. .2
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PROGRAMS:
1. Less I'lean F i iti n "ogqip 'rhis is
.................................................................g!LAM.�i............2 1: . a less than, fee acquisition program
to retire the rights to build dwelling units where the subject lot is owned by the 4-
adjoining homeowner. The prograrn was established by BOCC Resolution 1751-
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2018 and amended by BOCC Resolutions 438-2018 and 06 -20:20'.
If. Deti�s ion A uisifi n Pro a ii: This is a fee sit pie acq�u_i�Redt�ict !�q2gjrL_L n , isition program A
for those lots that are not suited for nidnagen'ient as conservation land. The S
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program was established to retire the rights to build dwelling units on said lots 'a
pursuant to the 20 16 Interlocal; Agreement between MCLA and the BOC(',. <
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Ull. 0
L-)g1sity Reduction Resale ProgEgm: A program to resell Density Reduction Lots
(lots not suited for management as conservation land) subject to deed restrictions
prohibiting development with dwelling units needs to be formally established U
with criteria and processes as provided for in F'.S. 125.35(3). ']'Ile Board has
previously approved of offering eleven Duck Key lots for sale through
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Resolutions 379-2019 and 122-20211- neither resolution contemplated or
authorized further dispositions.
IV. Conservation Land Stmardshi graqi: ']'his is a program to manage 76
conservation lands using the Monroe County Environmental Land Management .2
and Restoration Fund (Fund 160, aka NICELMR11"), a non-ad valorern ffind
established pursuant to BO:CC ReSOIL[61011 112,2004 and BOCC Resolution I I I-
20W Said lands consist of conservation lands owned by the BOCC,
conservation, lands leased to the BOCC by the Board of"'I'rustees of the Internal E
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1ullprOVC111C111 Trust I"und c')f the State (,)I' Florida, and conservation (ands owned
by MCLA.
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V. Corrimunity Development Block Grant - Disaster- Rec.ov,M (CDBG-DR)
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Yoluntary I lome Buyout ProgLanl: This is a program! to purchase and demolish
improved properties that were darnAged during Hurricane Irma andto acquire the
-associated ROGO exemptions pursuant to BOCC Resolution 150-220 0 , 1heieby an-mided oil March 17. 20121. Properties acquired under this program must be
maintained for open space, recreation,or stormwater niallagernent. .2
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V1. Ha4a, d�M,it tion A, ii, E
— -.1— Cj.�_L_qL_ .!Lgnd Demolition: This is a
program: to purchase and demolish iniproved properties that were damaged
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during Hurricane Irma, to, acquire the associated DOJO exemption, and to 2
maintain the acquired propeties as open, space. The BBC C authorized U
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submitting to grant application for this program Oil July 18,2018 (Item D-4), 0
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V11. Flpod.-Mitigatiotl Assistance (FM, ),, Ac"luisition and, Demolition: This is a U)
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program to purchase and demolish improved properties that were damaged
during Hurricane Irma or other flood events, to acquire the associated ROGO
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exeniption, and to maintain the acquired properties as open space. The BOCC CL
authorized submitting a grant application I-or this program on May 19,2021 (Item
K-6).
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V111. Florida Forevei Prp anj: MCLA vvill coordinate with Florida Department of
............................................................................................... ............. gL_
Environmental Protection (DEP) and Department of Economic Opporlunity
(DEO) regarding the State's acquisition of property 'within Florida Forever
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prcjects. MCLA will serve as the 130(',V's agent in implementing the 2017 0
Memorandum of Agreement, as subsequently anlended, between Monroe County a
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and the Board of Trustees; of the Internal Improvement ]rust FUnd of the State of
Florida and will assist DEP in identifying willing sellers within Florida Forever
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pr(,��ects. Nothing in this agreenient shall prevent the MCLA froni working E
cooperatively with the DEP on, acquisitions of qualifying properties under the E
existing statutes, regulations, and ordinances, governing land acquisitions by both <
entities. U
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sEcrION 4 - FINANCANG: The BOCC Will C0111illUe to handle the financial services and funding
(including, but rl()t hIllited To. budgeting, purchas ii,ng/b i ds/proc ure me n t. paytileilit to vendors and
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applicants, and auditing) for the Programs referenced above, The currem funds include- Fund 316 2
Acquisition Fund; Fund 160: Monroe County Environmental Land Managenient and Restoration, Fund a
(NICELMRA"), CDB(;-DR; HM(;P; and FMA.. The Clerk of the Court will continue to issue vendor E
payments. and BOCC FTE payroll:. The Clerk will niaintain Board financial statements including annual
single audit report and audit ftinctioll Of BOCC.
SEC"TION 5— EMPLOYMENT: The positions referenced below will be BOCC payroll positions and to
the extent not funded by the referenced grants, will be funded by the BOCC, as long as the persons
currently within the positions remain employed in that position. Such funding shall include all alliciltary E
funding necessary for such employee, including, but not limited to office space, technology, cell phone,
insurance benefits, retirement benefits and vehicle(s) necessary to implement each position. Additionally,,
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MC LA EXeCUtive Director, to the extent possible, will bill the grant Programs, for time expended by the
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MCLA Executive Director, When grant Hands are no longer available to fund personnel services, BOCC
will continue to fund the positions, subi ect to annual appropriation,, unless otherwise agreed to.
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STAFFING: POSITION NLJMBERS: 0
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Land Steward GMGM-0051
[,and Steward Assistant GMENV-020
New FTE Land Steward Employee TBD
Acquisition Manager GMPL,N-032
Mitigation Adniinistrator GMBL,G-053
The positions listed above will be rnanagyd by and report to the MCLA Executive Director, according to
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tile BOCC adopted Personnel Policies and Procedures (PPP), as rimy be arnerided frorn tirne to time, as 2
well as the Career Service Council Act and corresponding rules and regulations. In the case of any U
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Suspension, discharge, reduction in: pay, or demotion of such employees, the Executive Director shall be 0
required to obtain Counity Adininistrator approval with a review by the Ernployee Services Director and M
County Attorney to assure the Executive Director followed tile PPP. U)
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SECT ION 6:
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Any new positions that will be added will be MCLA positions. If, at any time, arty of the eniployees CL
currently occupying the positions listed above leaves the position or separates from employment with 9=
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Monroe County, the position will from that point forward be an MCLA eniployee, and M'CLA will be the
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employer for all purposes for that position. In this case, the pat-ties will work in good faith to amend this
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agreement to Fund the position appropriate to the progratri, U
For each of the five (5) positions listed above, while the position is held by a BOCC employee but
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managed by the MCLA Executive Director, MCLA agrees to indemnify and hold harmless the BOCC for 0
any and all, etirployment claims filed b the employee arising out of the employment, including but not 9=
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limited to: workers' compensation; unemployment; and any clairns arising out of federal, state or local
laws including but not limited to alleged violations of Arnericans with Disabilities Act as amended, Title U)
"ill, and Section 504 of the Rehabilitation Act of 1973, to the extent the costs of such clainis exceed ally S
insurance coverage provided to the MCLA through tile County, The term "claim" shall include liability E
or potential liability for wages and all, other forms of darnages,as well as attorneys' fees and costs.
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As long as B(.),(.'C funded employees are assi�gned work under the MCLA Pursuant to this Section. the 0
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parties shall review this section no later than July of each year to deteriume it' any BOCC funded
positions Should be transitioned to the MCLA. The parties shall work cooperatively to seek any
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legislative changes to (1:e MCLA enatfling stalute arld/or ordinance that are necessary to formalize tile
transfer of the BOCC funded positions and prograrns,to the MCLA.
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SECTION 7 - CIS SERVICES. The BOCC will provide GIS services related to ]and, acquisition, and"
access and maintenance of related (JIS layers. In addition, the BOCC will continue to support and
provide access to systetils, files, and data bases to support tile Programs, including but not limited to
Alchemy,C.ornniunity PLUS, county data servers and File directories. and permitting software platforms. 0
SECTION 8 - EXECUTIVE DIRECTOR VEHICLE: "I'lie BOCC will provide the Executive Director S
With use of the 100 1/9384 vehicle. The vehicle covered in this interlocal agreellient will be nlairltained by
the Counly fleet manak�erncnt and included in the replacement program, which provides benefits, such as,
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bulk purchasing. The MCLA will pay the county's annual maintenance, repair, and, replaceinent cost of 'a
the vehicle,estimated lay the budget office by invoice. 9=
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SECTION 9- MISCELLANEOUS: 0)
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A. Modifications to this Agreernent shall be valid only when reduced to writing and duly
signed by all parties. If any term or provision of this Agreement shall be invali'd or cis
unenforceable to any extent, the parties agree to cornply with the rernaining terms and .2
PrMiSiMIS, LMICSS cornpliance with the remaining terms and provisions would prevent the
acconiplisfinient of the original intent ofthe agreenient between the parties. Either party E
may terminate this Agreeinent at any tune, with or without cause. Terrnination shall take
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effect upon receipt of written notification by a party to the other party.
B. Notification under this Agreement shall be made by hand delivery, U.S. certified inail,receipt rcrI U
return, ucsted, or an express rnail with prool'of delivery. Notification by a part U
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shall be delivered as follows: M
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Monroe County Administrator E
1100 Simonton Street
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Key West, FL 33040 CL
Monroe County Attorney
111 1: 1 12'r' Street,Suite 408
Key West, FL 33040
Monroe County Comprehensive Plan Land Authority Executive Director
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1200 'Truman Ave., Suite 207 0
Key West, FL 33040 a
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Gregory S. Oropeza, Esquire
Attorney for Monroe County C Aoniprehensive Plan [,and Authority E
221 Sirnonton Street E
Key West, Ft., 33040
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[The reniainder of this page is intentionally blank] -j
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WITNESS WHEREOF. the parties hereto ha4•e caused this Agreement to be executed by their
thereto duly autharized.
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EVIN MADOK.CLERK MON ROE COUNTY BOARD OF
COUNTY COMMISSIONERS
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By: c v By:
As Deputy 1 r E �� Michelle Coldiran. Mayorcr
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.t.r11 , Approved for legal sufficiency for reliance by the County Commission only.
a Robert B. Shillinger, County Attorney
C y► p r Digne lly signed by Robert B.Shillmger
L Robert B. ✓ I III I�ryJ C 1 o N=Monroe[o�nlyrjlknqer.—Mon—County Atto-ey,email=sh Il ingcr MCC.
`J 6o6amonrce[otrR!'y-.9ot'. =�5
Date:2021.0�23 151140S-114'OT
MONROE COUNTY
COMPREHENSIVE PLAN
y1,0 LAND AUTHORITY
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By: _ s�� By: �
Charles G. Pattison, Execulive Director David P. Rice_Chairman U
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A r'PRIOVED FOR LEGAL SUFFICIENCY:
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By: C_�
Gregory S.Ontpeca, Esq.
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FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE U
MONROE COUNTY LAND AUTHORITY AND THE BOARD OF COUNTY 2
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COMMISSIONERS OF MONROE COUNTY REGARDING THE U
ADMINISTRATION OF LAND ACQUISITION PROGRAMS ao
THIS FIRST AMENDMENT is made and entered into this day of
September,2021 by and between the MONROE COUNTY COMPREHENSIVE PLAN U)
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LAND AUTHORITY (hereinafter "MCLA") and the BOARD OF COUNTY
COPMMISSIONERS, a political subdivision of the State of Florida (hereinafter
`BOCC"). a�
WHEREAS, MCLA and the BOCC entered into that certain Interlocal Agreement
Between the Monroe County Land Authority and the Board of County Commissions of
Monroe County Regarding the Administration of Land Acquisition Programs ("ILA") on
July 21, 2021; and
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WHEREAS, MCLA and the BOCC wish to enter into this First Amendment to the E
interlocal agreement by amending Section 3 of said document, to provide for
reimbursement of staff time spent on the grant management programs;
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NOW, THEREFORE, in consideration of the terms, conditions and covenants
hereinafter provided, the Parties agree as follows:
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SECTION 1 -RECITALS: The above recitals are true and correct and are incorporated
herein by reference. The parties intend for this Agreement to address program
administration of acquisition programs described below.
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SECTION 2 -ADOPTION: The interlocal agreement between MCLA and BOCC dated E
October 19, 2016, is hereby repealed, and replaced by this interlocal agreement. This
agreement shall have a phased implementation. Starting on August 22, 2021,the MCLA 49
shall be authorized to begin implementation and management of the programs set forth
in Section 3 along with access and use of the vehicle set forth in Section 8, herein. The
remainder of this agreement shall become effective as of October 1, 2021. This U
agreement shall terminate upon termination of the Florida Keys Area of Critical State U
Concern designation, unless terminated earlier according to the terms of this agreement. U
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SECTION 3 - PROGRAMMING: MCLA's administration will include grant
management of the BOCC programs outlined below (hereinafter the "Programs"),
including, but not limited to seller and/or buyer coordination; negotiating purchase and
sale agreements; ordering due diligence products on behalf of the BOCC including but
not limited to appraisals, boundary surveys, environmental assessments and any other
inspections required in order to facilitate the BOCC's acquisition; and ordering closing ?
services, title commitments, and title insurance policies on behalf of the BOCC. The U-
MCLA staff shall be responsible for preparing all agenda items necessary to accomplish
the purposes of this agreement, including but not limited to agenda items requiring BOCC �E
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Packet Pg. 1089
F.1.b
approval. MCLA staff shall coordinate with BOCC staff as to placement on the U
appropriate segment of the BOCC portion of the agenda. Lands acquired under said 2
Programs shall be purchased with funds from either the BOCC or the referenced grant U
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Programs and shall be titled in the BOCC. MCLA's administration shall include land
stewardship activities pursuant to Program IV below when the acquired properties are
suited for management as conservation land. Otherwise, the BOCC agrees to maintain
the acquired properties and MCLA's administration shall include coordinating with
BOCC staff (Facilities Maintenance or Project Management) regarding maintenance
activities such as mowing, trash removal, etc. when needed.
a�
PROGRAMS:
E
L Less Than Fee Acquisition Pro _gram: This is a less than fee acquisition program '
to retire the rights to build dwelling units where the subject lot is owned by the
adjoining homeowner. The program was established by BOCC Resolution 175- 0
2018 and amended by BOCC Resolutions 438-2018 and 063-2020.
II. Density Reduction Acquisition Program: This is a fee simple acquisition program 0-
for those lots that are not suited for management as conservation land. The 0-
program was established to retire the rights to build dwelling units on said lots
pursuant to the 2016 Interlocal Agreement between MCLA and the BOCC.
III. Density Reduction Resale Program: A program to resell Density Reduction Lots 0
(lots not suited for management as conservation land) subject to deed restrictions
prohibiting development with dwelling units needs to be formally established
with criteria and processes as provided for in F.S. 125.35(3). The BOCC has �+
previously approved of offering eleven Duck Key lots for sale through
Resolutions 379-2019 and 122-2021; neither resolution contemplated or
authorized further dispositions.
49
IV. Conservation Land Stewardship Program: This is a program to manage
conservation lands using the Monroe County Environmental Land Management
and Restoration Fund (Fund 160, aka MCELMRF), a non-ad valorem fund U
established pursuant to BOCC Resolution 112-2004 and BOCC Resolution 111- U
2010. Said lands consist of conservation lands owned by the BOCC,conservation U
lands leased to the BOCC by the Board of Trustees of the Internal Improvement M
Trust Fund of the State of Florida, and conservation lands owned by MCLA. 0
V. Community Development Block Grant — Disaster Recovery (CDBG-DR)
Voluntary Home Buyout Pro_ gram: This is a program to purchase and demolish
improved properties that were damaged during Hurricane Irma and to acquire the E
associated ROGO exemptions pursuant to BOCC Resolution 150-2020, thereby
amended on March 17, 2021. Properties acquired under this program must be ?
maintained for open space, recreation, or stormwater management. U_
VI. Hazard Mitigation Grant Program (HMGP) Acquisition and Demolition: This is E
a program to purchase and demolish improved properties that were damaged
Packet Pg. 1090
F.1.b
during Hurricane Irma, to acquire the associated ROGO exemption, and to U
U
maintain the acquired properties as open space. The BOCC authorized submitting 2
a grant application for this program on July 18, 2018 (Item D-4). U
0
VII. Flood Mitigation Assistance (FMA) Acquisition and Demolition: This is a
program to purchase and demolish improved properties that were damaged during
Hurricane Irma or other flood events,to acquire the associated ROGO exemption,
and to maintain the acquired properties as open space. The BOCC authorized
submitting a grant application for this program on May 19, 2021 (Item K-6). ,U)
0
VIII. Florida Forever Program: MCLA will coordinate with Florida Department of
_
Environmental Protection (DEP) and Department of Economic Opportunity E
(DEO) regarding the State's acquisition of property within Florida Forever �?
projects. MCLA will serve as the BOCC's agent in implementing the 2017
Memorandum of Agreement, as subsequently amended,between Monroe County
and the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida and will assist DEP in identifying willing sellers within Florida Forever
projects. Nothing in this agreement shall prevent the MCLA from working
cooperatively with the DEP on acquisitions of qualifying properties under the U)
existing statutes, regulations, and ordinances governing land acquisitions by both E
entities.
0
The following procedures apply for the reimbursement of staff time spent on programs
listed in Section 3:
MCLA responsibilities include:
4-
0
a
A. In accordance with the ILA and this Amendment, MCLA agrees to assist the
County in implementation of the CDBG-DR VHBO by providing associated
services needed to fulfill the Subrecipient Agreement responsibilities in
implementation of the VHBO Program including but not limited to developing
procedures, assisting with procurement, underwriting administration, deed <
restriction development, real estate instrument development, title reviews,
49
recording, etc.
B. In accordance with the ILA and this Amendment, MCLA agrees to assist the
County in implementation of the programs listed in Section 3 of the Interlocal by
providing services needed to fulfil grant administration. 2
U
U
County responsibilities include: 00
0
A. The County agrees to reimburse the MCLA at 100% the actual cost of salary,
as well as FICA taxes, withholding taxes, state and federal unemployment
taxes, and retirement benefits for program management and administration.
E
B. The County shall provide payment under this Agreement on a cost
reimbursement basis only and only after the granting agency reimburses the
County for the expenses incurred. 4i
E
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fle e 3 of"7
Packet Pg. 1091
F.1.b
C. Reimbursement shall be made quarterly based on the MCLA's submission and U
the County's approval of a quarterly invoice. Payment shall be made in 2
accordance with the Florida Local Government Prompt Payment Act. The U
MCLA agrees to provide the County with documentation of all staff hours
expended each pay period on a form prescribed by the County. The County
may require documentation of expenditures prior to approval of the invoice and
may withhold payment if services are not satisfactorily completed or the
documentation is not satisfied. Any payment due or any approval necessary U)
4-
under the terms of the Agreement may be withheld until all evaluation and
documentation expenditures due from the MCLA and necessary adjustments
thereto, have been approved by the County. However,the County agrees to use
due diligence in approving and to proceed with a sense of urgency and priority
in making reimbursement to the MCLA.
D. The County shall only reimburse those reimbursable expenses that are reviewed
and approved as complying with any and all grant agreements and those
expenses that have been reimbursed by the granting agency to the County. U)
E. After the Clerk of the BOCC examines and approves the request for
reimbursement, the BOCC shall reimburse MCLA.
c�
F. Reimbursement by the County shall be made to the MCLA at the following
address:
4-
Monroe County Land Authority Office
1200 Truman Avenue, Suite 207
Key West, FL 33040
,E
G. The payments from the County to the MCLA made pursuant to this Agreement E
are sourced from reimbursement from the granting agencies.
SECTION 4 - FINANCING: The BOCC will continue to handle the financial services
and funding (including, but not limited to: budgeting, purchasing/bids/procurement,
payment to vendors and applicants, and auditing)for the Programs referenced above. The
current funds include: Fund 316 Acquisition Fund; Fund 160 Monroe County 2
Environmental Land Management and Restoration Fund (MCELMRF); CDBG-DR; U
0
HMGP; and FMA.. The Clerk of the Court will continue to issue vendor payments. and
BOCC FTE payroll. The Clerk will maintain BOCC financial statements including
annual single audit report and audit function of BOCC.
SECTION 5—EMPLOYMENT: The positions referenced below will be BOCC payroll
positions and to the extent not funded by the referenced grants, will be funded by the
BOCC, as long as the persons currently within the positions remain employed in that ?
position. Such funding shall include all ancillary funding necessary for such employee, U-
including, but not limited to office space, technology, cell phone, insurance benefits,
retirement benefits and vehicle(s) necessary to implement each position. Additionally, �E
c�
Packet Pg. 1092
F.1.b
MCLA Executive Director, to the extent possible, will bill the grant Programs for time U
expended by the MCLA Executive Director. When grant funds are no longer available to 2
fund personnel services, BOCC will continue to fund the positions, subject to annual U
appropriation, unless otherwise agreed to.
a�
STAFFING: POSITION NUMBERS: E
Land Steward GMGM-005 U)
4-
Land Steward Assistant GMENV-020
New FTE Land Steward Employee '.],7)
Acquisition Manager GMPLN-032
Mitigation Administrator GMBLG-053
The positions listed above will be managed by and report to the MCLA Executive '
Director, according to the BOCC adopted Personnel Policies and Procedures (PPP), as
may be amended from time to time, as well as the Career Service Council Act and
corresponding rules and regulations. In the case of any suspension, discharge,reduction
in pay,or demotion of such employees,the Executive Director shall be required to obtain
County Administrator approval with a review by the Employee Services Director and 0-
County Attorney to assure the Executive Director followed the PPP. 0-
c�
SECTION 6: Any new positions that will be added will be MCLA positions. If, at any
time, any of the employees currently occupying the positions listed above leaves the
position or separates from employment with Monroe County, the position will from that -
point forward be an MCLA employee, and MCLA will be the employer for all purposes a
for that position. In this case, the parties will work in good faith to amend this agreement
to fund the position appropriate to the program.
,E
For each of the five (5) positions listed above, while the position is held by a BOCC E
employee but managed by the MCLA Executive Director, MCLA agrees to indemnify
and hold harmless the BOCC for any and all employment claims filed by the employee 49
arising out of the employment, including but not limited to: workers' compensation;
unemployment; and any claims arising out of federal, state or local laws including but
not limited to alleged violations of Americans with Disabilities Act as amended, Title 2
VII, and Section 504 of the Rehabilitation Act of 1973, to the extent the costs of such U
claims exceed any insurance coverage provided to the MCLA through the County. The 0
term "claim" shall include liability or potential liability for wages and all other forms of 0
damages, as well as attorneys' fees and costs.
E
As long as BOCC funded employees are assigned work under the MCLA pursuant to
this Section, the parties shall review this section no later than July 1 of each year to
determine if any BOCC funded positions should be transitioned to the MCLA. The
parties shall work cooperatively to seek any legislative changes to the MCLA enabling
statute and/or ordinance that are necessary to formalize the transfer of the BOCC funded
positions and programs to the MCLA.
E
c�
Packet Pg. 1093
F.1.b
SECTION 7 - GIS SERVICES: The BOCC will provide GIS services related to land U
acquisition, and access and maintenance of related GIS layers. In addition, the BOCC 2
will continue to support and provide access to systems, files, and data bases to support U
0
the Programs, including but not limited to Alchemy, Community PLUS, county data
servers and file directories, and permitting software platforms.
SECTION 8 - EXECUTIVE DIRECTOR VEHICLE: The BOCC will provide the
Executive Director with use of the 1001/9384 vehicle. The vehicle covered in this 4-
interlocal agreement will be maintained by the County fleet management and included
in the replacement program, which provides benefits, such as, bulk purchasing. The
MCLA will pay the county's annual maintenance, repair, and replacement cost of the
vehicle, estimated by the budget office by invoice.
E
SECTION 9 -MISCELLANEOUS: '
L Modifications to this Agreement shall be valid only when reduced to writing and 0
duly signed by all parties. If any term or provision of this Agreement shall be U)
invalid or unenforceable to any extent, the parties agree to comply with the
remaining terms and provisions, unless compliance with the remaining terms and 0-
provisions would prevent the accomplishment of the original intent of the 0-
agreement between the parties. Either party may terminate this Agreement at any
time,with or without cause. Termination shall take effect upon receipt of written
notification by a party to the other parry.
IL Notification under this Agreement shall be made by hand delivery, U.S. certified 0
mail, return receipt requested, or an express mail with proof of delivery.
Notification by a party shall be delivered as follows:
,E
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
49
Monroe County Attorney
1111 12th Street, Suite 408
Key West, FL 33040 2
U
U
Monroe County Comprehensive Plan Land Authority Executive Director
1200 Truman Avenue, Suite 207 0
Key West, FL 33040
a�
E
Gregory S. Oropeza, Esquire, Attorney for Monroe County Land Authority
221 Simonton Street
Key West, FL 33040
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed
by their officials thereto duly authorized.
E
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Packet Pg. 1094
F.1.b
(Seal) U
2
U
U
KEVIN MADOK, CLERK MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
By: By:
As Deputy Clerk Mayor Michelle Coldiron
E
(Seal) MONROE COUNTY
COMPREHENSIVE PLAN U)
LAND AUTHORITY E
0
By: Date:
Charles G. Pattison, Executive Director David P. Rice, Chairman
4-
APPROVED FOR LEGAL SUFFICIENCY:
By: E
Gregory S. Oropeza, Esquire E
9
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0
E
E
E
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Packet Pg. 1095
F.1.c
CHAPTER 2022-75
Senate Bill No. 442
An act relating to the powers of land authorities; amending s. 380.0666, F.S.;
authorizing land authorities to assist the counties in which they are
located with certain activities addressing flooding and sea-level rise;
providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Paragraph (c) is added to subsection (3) of section 380.0666,
Florida Statutes, to read:
380.0666 Powers of land authority.—The land authority shall have all
the powers necessary or convenient to carry out and effectuate the purposes
and provisions of this act, including the following powers, which are in
addition to all other powers granted by other provisions of this act:
(3)
(c) To assist the county in which it is located in the administration of
state and federal grants awarded to the county for residential flood and sea-
level rise mitigation projects, including -rants for the elevation of structures
above minimum flood elevations; the demolition and reconstruction of 00
structures above minimum flood elevations; and the acquisition of land with
structures at risk of flooding. Iq
Section 2. This act shall take effect July 1, 2022. Cn
Approved by the Governor April 27, 2022.
Filed in Office Secretary of State April 27, 2022.
Ln
1
CODING: Words strieken are deletions; words underlined arT--aJ-*'-*---
Packet Pg. 1096
F.1.d
IC "ty INTER-LOCAL
E
AGREEMENT BETWEEN THE MONROE t
MONROE COUNTY LAND AUTHORITY AND �
THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
REGARDING THE ADMINISTRATION OF LAND ACQUISITION PROGRAMS cN
AL
. I . .
E
FIRST at nD➢" i I � IIIC�A� �ID :MENT ismadeandetered into this day of 2022�-
THIS a�s s
by
and between the MONROE COUNTY COMPREHENSIVE PLAN LAND
AUTHORITY (hereinafter "MCLA") and the BOARD OF COUNTY
COPMMISSIONERS, a political subdivision of the State of Florida (hereinafter 0
`BOCC"). qp
WHEREAS,MCLA and the BOCC entered into that certain Interlocal Agreement
Between the Monroe County Land Authority and the Board of County Commissions of
Monroe County Regarding the Administration of Land Acquisition Programs("ILA")on 2
July 21,2021;and t3
t3
➢ r lac
➢➢➢,(a➢, ➢ t"➢. am] ray ppt"t" a$ppaa�taaa�a llta�aararapp t raarraaata� p �laata �
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arrrrr $atria rla8prn s„Lam]
the a8u u y y uuuu.hraduaruu4of'�➢u w(j A� apoous�fi�ruu➢�°$eras„ maul-is nn llll, uu d ➢tau uq ,u,: 0
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WHEREAS,MCLA and the BOCC wish to enter into this? 4 rat Amended am.. —CFormatted:superscript
d
be a�mvs i,�aa�ta�$t�arai�h Clinter2022-7 to (he flmerlocal 5 Laws ofyFlorida
aaraacn(,➢$teak raa°ttaata Y of aid documctat,to F on a ( rataaaa; Bill 44;,�,1 which a$rraa�taa ..
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am]a$tqhort�Y,pp„y„a$ddttaap a$mnv pHr Lsar as�lrllarer,s.
as
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&: =', =', s ca ;a d`aadaarapl sra$ta�ul a$°,r,a$rda,,l➢ far �lra, aparallta�Y, d4rr ray<,p,p➢aata�ta$l arard a$tnsN a $ laap ail rtwaa prat�ta $�tYt;p
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aa ra $�a~„d pry $apprzll$ay $$a er,la$4la ar$a4 or morc arcas la$v c prc4$a as ala arca and a r$64pQ$l
,uac p artaa a eta d'or m la $ 0 Vc ya vs ly].or �o r a rr oval and �hc (]csigluaima wheal �
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all pparewa�m gr a$ta�a;d by flats cha$jp� - urattaa$�aaafl,ppy jaw or E
aparta�tt„daua�far a��„s � $tad as„Ya r a twee� w allta�tl �a�m
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NOW, THEREFORE, in consideration of the terms, conditions and covenants E
E
hereinafter provided,the Parties agree as follows:
'L3
SECTION 1-RECITALS:The above recitals are true and correct and are incorporated c14
herein by reference. The parties intend for this Agreement to address program
d�
administration of acquisition programs described below. E
SECTION 2-ADOPTION:The interlocal agreement between MCLA and BOCC dated
�tetb4+r V+t,q(��tr�4+pu4+wowllr4+m �5 202� S,,is hereby repealed, and replaced by this e4+awtua],
AwOw4]zu4 e( an(] 1�es +w4 i�nterlocal oAgreement. opw+m�wmt 4uali 4av�l...it p4awd� �
wwww�r6e�www4+ttw��w�i4++w. `4 wet+ttwp ofl Atuu+u�a22,;2(42 p,., t4e4 4(4�At 4+ali 1xi o+ut,4(wi,4+d �o 1)�lu+xn 0
�, �,,
wwww�rde�www4+ttw��w�+4++w�++w+�w+w�+ttwrv+�,++-nnn+++n�++1�h+-�r�++�,m+�+.mnn 4+� V�+ ��u+:n��e-++�+Q++n.�..:�:64++n�, �4h
ml laiw�4�h v4+iu:a:Ic �A i`Q 0r +ttn +:Q+ttn v..het+ +4an ... h!r++-mH04R,4+F cal`Liu+ +�+91n+NMHeM
Vq( k This agreement shall terminate upon Q+4+holm .
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++i`the pAi+ w4k.Keys Afea++i` ` tMite t'w+w+eew+w +w 4ess temwwwwwwm4ed eaflief �
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SECTION 3 - PROGRAMMING: MCLA's administration will include grant
management of the BOCC programs outlined below (hereinafter the "Programs"),
including,but not limited to seller and/or buyer coordination;negotiating purchase and 0
sale agreements; ordering due diligence products on behalf of the BOCC including but �?
not limited to appraisals, boundary surveys, environmental assessments and any other >
inspections required in order to facilitate the BOCC's acquisition; and ordering closing
services, title commitments, and title insurance policies on behalf of the BOCC. The
MCLA staff shall be responsible for preparing all agenda items necessary to accomplish 0-
the purposes of this agreement,including but not limited to agenda items requiring BOCC
approval. MCLA staff shall coordinate with BOCC staff as to placement on the
appropriate segment of the BOCC portion of the agenda. Lands acquired under said
Programs shall be purchased with funds from either the BOCC or the referenced grant
Programs and shall be titled in the BOCC. MCLA's administration shall include land E
stewardship activities pursuant to Program IV below when the acquired properties are qp
suited for management as conservation land. Otherwise,the BOCC agrees to maintain
the acquired properties and MCLA's administration shall include coordinating with
BOCC staff (Facilities Maintenance
asParksa ,4trasc$4+hcs,, or Project Management)
re ardin maintenance activities such h removal,etc.when needed. E
'L3
PROGRAMS:
E
L Less Than Fee Acquisition Program: This is a less than fee acquisition program
to retire the rights to build dwelling units where the subject lot is owned by the
adjoining homeowner. The program was established by BOCC Resolution 175-
2018 and amended by BOCC Resolutions 438-2018 and 063-2020. �
Q
c14
E
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Packet Pg. 1098
F.1.d
IL Density Reduction Acquisition Program:This is a fee simple acquisition program
for those lots that are not suited for management as conservation land. The
program was established to retire the rights to build dwelling units on said lots
pursuant to the 2016 Interlocal Agreement between MCLA and the BOCC. c14
I1tm Density Reduction Resale Program:A program to resell Density Reduction Lots m (Formatted:space Before: 0.25 pt E
(lots not suited for management as conservation land)subject to deed restrictions
prohibiting development with dwelling units i 4.4➢r �(p be kQrpr Aly es iblishe(] �
44 efitp�+rvp..oml kp,.,..pr44vp(➢ed ➢ W 4 4 4�. ➢➢ups- 14)(I(L hkop
➢pfevir�fp,iy appprt4v4p4➢....id, 4fe.n44p� .e.lc^�efQ D�pwk Key ➢ 4s j(W s4e... t➢prt44w�;h cis
l"Qp,Qrdru�p44ttn�, .�%Qp yllpp �pttn4➢ ....➢,p,p,pllyp,➢; 2
ttn4pQ�l44pr r4pclru�+44rn ..4pa4rn�4p4aplr6rvp�4p4➢ r
kutilth( i'�e➢ ➢eur�lu4pe 4➢+�,p44�,+ju44ttu�•u.:.
Formatted:Justified,Indent:Left 0.53",Right: 0. ne
1y"m 11. Conservation Land Stewardship Program: This is a program to manage (, tops. 1s�°,Left
spacing: Multiple 1.03 li,Tab s
conservation lands using the Monroe County Environmental Land Management U
and Restoration Fund (Fund 160, aka MCELMRF), a non-ad valorem fund
established pursuant to BOCC Resolution ➢➢;r,..;rppnf imd ➢4 pt" - ➢ ➢➢� t j
20➢0. Said lands consist of conservation lands owned by the BOCC,conservation U
lands leased to the BOCC by the Board of Trustees of the Internal Improvement �0
Trust Fund of the State of Florida,and conservation lands owned by MCLA.
;t r[V. Community Development Block Grant — Disaster Recovery (CDBG-DR) 2
Voluntary Home Buyout Program: This is a program to purchase and demolish
improved properties that were damaged during Hurricane Irma and to acquire the
associated ROGO exemptions pursuant to BOCC Resolution 150-2020,thereby >
amended on March 17, 2021. Properties acquired under this program must be
maintained for open space,recreation,or stormwater management. 0
p 1 y Hazard Mitigation Grant Program (HMGP) Acquisition and Demolition; qs
weio n: This is a program to purchase and demolish improved properties that
e$ damaged during Hurricane Irma, to acquire the associated ROGO
hutus,ALIH-CS Qp OVC uouxxu flWluou p14u4u4➢ CICV ion rr4ltuxrrruurxas ➢ulm]r4➢ by �
exemption, an to maintain e acquire properties as open space or (o ➢ r v$w
tuppnun �+pntnn ern�p+nticy��➢p➢rM4$nagen 64mla Agency prnrmn+r pnn➢'FMA). ➢luc ➢ KI(t ari46u4pr+ c s�
,, r� r�- rp+u lru➢r�..-p'� '?pDpS)➢4r�uuu lam). �
t �
N4p -Flood Mitigation Assistance(FMA)Acquisition and Demolition,➢]4'V Qtlio n:This
is a program to purchase and demolish improved properties that were damaged
during Hurricane Irma or other flood events, to acquire the associated ROGO
exemption, and maintain acquired properties as....open space or fp r vp
nunsQriippi (Qvnn s6flWl ll )144➢ CICV ion l-c uxreras ➢iux4r4➢ b y �3
ds
➢'r4➢rr�l ➢.uourmnrn,, QpxuQprnruu�.' ruu4a ➢ ➢ V )...... ➢➢ur-➢ pf"f= kpu E
�,Quppnnnp44psupr Qp np,r�pFu4�pppp41p4p�p4p4pFu.84pr 4➢uu�,pr4pn�r�puuu.4pFu �p7 ➢) 202j (➢ cm ➢f 6)...
Formatted:Normal,Justified,Indent:Left: 0.53",F
N➢ Florida Forever Program: MCLA will coordinate with Florida Department of 0.08°,Line spacing: Exactly 12.15 pt,Don't allow ha N
Environmental Protection (DEP) and Department of Economic Opportunity punctuation,Don't adjust space between Latin and a xt,
regarding the tate's acquisition o property withinFlorida
Forever orever Don't adjust space between Asian text and numbers,
(DEO) g gh S f q p p y hi Fl stops: 1.57",Left
projects. MCLA will serve as the BOCC's agent in implementing the 2017 C14
Memorandum of Agreement,as subsequently amended,between Monroe County �
and the Board of Trustees of the Internal Improvement Trust Fund of the State of c14
p"at.rr b of 8 E
c�
Packet Pg. 1099
F.1.d
Florida and will assist DEP in identifying willing sellers within Florida Forever
projects. Nothing in this agreement shall prevent the MCLA from working
cooperatively with the DEP on acquisitions of qualifying properties under the
existing statutes,regulations,and ordinances governing land acquisitions by both c14
entities.
Formatted:List Paragraph,Left,Right: 0",Line spe 0)
single, No bullets or numbering,Allow hanging punt 1,
B .C.C.has acquired title to rta�lot either ce through
osure U a deed in lieu c>t foreclosure After the Adjust space between Latin and Asian text,Adjust so
f) Closure UT between Asian text and numbers,Tab stops:Not at
through court action arising from a Code Compliance Lien, parr n a.;rr
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The following procedures apply for the reimbursement of staff time spent on programs
listed in Section 3: U
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MCLA responsibilities include: .,
A. In accordance with the ILA and this Amendment, MCLA agrees to assist the 0
p ..
County in implementation of the CDBG-DR VHBO, Q�xn4B V�M(W FMA by,
providing associated services needed to fulfill the Subrecipient Agreement
responsibilitiesimplementation of the W 4341 Programs including but not limited
to developing
procedures, assisting
with procurement, camx s(Lii( i mxa..underwriting
administration, deed restriction development,real estate instrument development,
title reviews,recording,etc.
B. In accordance with the ILA and this Amendment, MCLA agrees to assist the
County in implementation of the programs listed mttu rc4+mmttu of the Interlocal by
providing services needed to fulfil grant administration.
County responsibilities include:
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A. The County agrees to reimburse the MCLA at 100%the actual cost of salary,
as well as FICA taxes, withholding taxes, state and federal unemployment
taxes,and retirement benefits for program management and administration door
(he t"ll allltA;ll allr V�Ir/llt u�' an(] �'l�l� mrmmrnrQanons xgn accamrmBQmxncr rrxQlq... ,(Me mnmfl; "Z3
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B. The County shall provide payment under this Agreement on a cost
reimbursement basis only and only after the granting agency reimburses the
County for the expenses incurred. C1,4
d
C. Reimbursement shall be made quarterly based on the MCLA's submission and
the County's approval of a quarterly invoice. Payment shall be made in �
accordance with the Florida Local Government Prompt Payment Act. The c14
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Packet Pg. 1100
F.1.d
MCLA agrees to provide the County with documentation of all staff hours
expended each pay period on a form prescribed by the County. The County
may require documentation of expenditures prior to approval of the invoice and
may withhold payment if services are not satisfactorily completed or the c14
documentation is not satisfied. Any payment due or any approval necessary
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under the terms of the Agreement may be withheld until all evaluation and E
documentation expenditures due from the MCLA and necessary adjustments
thereto,have been approved by the County. However,the County agrees to use
due diligence in approving and to proceed with a sense of urgency and priority
in making reimbursement to the MCLA.
0
D. The County shall only reimburse those reimbursable expenses that are reviewed d�
and approved as complying with any and all grant agreements and those
expenses that have been reimbursed by the granting agency to the County.
E. After the Clerk of the BOCC examines and approves the request for 2
reimbursement,the BOCC shall reimburse MCLA. t j
U
F. Reimbursement by the County shall be made to the MCLA at the following
address:
0
Monroe County Land Authority Office
1200 Truman Avenue,Suite 207
Key West,FL 33040 >
G. The payments from the County to the MCLA made pursuant to this Agreement
are sourced from reimbursement from the granting agencies.
SECTION 4-FINANCING: The BOCC will continue to handle the financial services
and funding (including, but not limited to: budgeting, purchasing/bids/procurement,
payment to vendors and applicants,and auditing)for the Programs referenced above. The
current funds include: Fund 316 Acquisition Fund; Fund 160 Monroe County
Environmental Land Management and Restoration Fund (MCELMRF); CDBG-DR;
HMGP;and FMA.. The Clerk of the Court will continue to issue vendor payments.and
BOCC FTE payroll. The Clerk will maintain BOCC financial statements including
annual single audit report and audit function of BOCC.
'L3
SECTION 5—EMPLOYMENT:The positions referenced below will be BOCC payroll
positions and to the extent not funded by the referenced grants, will be funded by the E
BOCC, as long as the persons currently within the positions remain employed in that
position. Such funding shall include all ancillary funding necessary for such employee,
including, but not limited to office space, technology, cell phone, insurance benefits, C"4
retirement benefits and vehicle(s)necessary to implement each position. Additionally,
MCLA Executive Director,to the extent possible,will bill the grant Programs for time cN
expended by the MCLA Executive Director. When grant funds are no longer available to �
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Packet Pg. 1101
F.1.d
fund personnel services, BOCC will continue to fund the positions, subject to annual
appropriation,unless otherwise agreed to.
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STAFFING:POSITION NUMBERS: c14
Land Steward GMGM-005 E
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Land Steward Assistant GMENV-020
ml44myee 6 kIl➢
Acquisition Manager GMPLN-032 � ,l 0,6D
Mitigation Administrator GMBLG-053
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The positions listed above will be managed by and report to the MCLA Executive d�
Director,according to the BOCC adopted Personnel Policies and Procedures (PPP),as
may be amended from time to time, as well as the Career Service Council Act and
corresponding rules and regulations. In the case of any suspension,discharge,reduction U
t3
in pay,or demotion of such employees,the Executive Director shall be required to obtain
County Administrator approval with a review by the Employee Services Director and U
County Attorney to assure the Executive Director followed the PPP. 0
00
SECTION 6:Any new positions that will be added will be MCLA positions. If,at any
time, any of the employees currently occupying the positions listed above leaves the 0
position or separates from employment with Monroe County,the position will from that �?
point forward be an MCLA employee,and MCLA will be the employer for all purposes
for that position. In this case,the parties will work in good faith to amend this agreement
to fund the position appropriate to the program.
0
For each of the five (5)positions listed above, while the position is held by a BOCC
employee but managed by the MCLA Executive Director, MCLA agrees to indemnify
and hold harmless the BOCC for any and all employment claims filed by the employee
arising out of the employment, including but not limited to: workers' compensation;
unemployment; and any claims arising out of federal, state or local laws including but
not limited to alleged violations of Americans with Disabilities Act as amended, Title
VII,and Section 504 of the Rehabilitation Act of 1973,to the extent the costs of such
claims exceed any insurance coverage provided to the MCLA through the County. The
term"claim"shall include liability or potential liability for wages and all other forms of
damages,as well as attorneys'fees and costs.
E
As long as BOCC funded employees are assigned work under the MCLA pursuant to
this Section, the parties shall review this section no later than July 1 of each year to E
determine if any BOCC funded positions should be transitioned to the MCLA. The
'L3
parties shall work cooperatively to seek any legislative changes to the MCLA enabling
statute and/or ordinance that are necessary to formalize the transfer of the BOCC funded
positions and programs to the MCLA.
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SECTION 7- GIS SERVICES: The BOCC will provide GIS services related to land Q
acquisition, and access and maintenance of related GIS layers. In addition,the BOCC
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Packet Pg. 1102
F.1.d
will continue to support and provide access to systems,files,and data bases to support
the Programs, including but not limited to Alchemy, Community PLUS, county data
servers and file directories,and permitting software platforms.
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SECTION 8 - EXECUTIVE DIRECTOR VEHICLE: The BOCC will trarnsalci-
vr]uJ pin pprs-'4(40 Opp l""-inn:+4:-v �P�� (4 44 1001/9384vehicle(o Chia MCLA E
p he,V chicle.covere(].in this i nterp4pcal iqp rcnnn ent will,bc nnnapsaklined by (hc Cotiilav plant �
on nnspp c�propc�ttu4 nupp pnnci�tided iyu the nk-'44" a J)Fovidec p 'nik"h W
ppnuiin The MCLA will pay the carp Ap L s opuunp ol maintenance, repair, and
replacement cost of the vehiclez e,viima(ed by the by invoice.
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SECTION 9-MISCELLANEOUS: as
L Modifications to this Agreement shall be valid only when reduced to writing and
duly signed by all parties. If any term or provision of this Agreement shall be t)
invalid or unenforceable to any extent, the parties agree to comply with the 2
remaining terms and provisions,unless compliance with the remaining terms and t3
provisions would prevent the accomplishment of the original intent of the 0
agreement between the parties. Either party may terminate this Agreement at any
time,with or without cause. Termination shall take effect upon receipt of written
notification by a parry to the other parry. 2
IL Notification under this Agreement shall be made by hand delivery,U.S.certified
mail, return receipt requested, or an express mail with proof of delivery. >
Notification by a party shall be delivered as follows:
Monroe County Administrator
1100 Simonton Street qp
Key West,FL 33040
Monroe County Attorney qp
I I 1112th Street,Suite 408 E
Key West,FL 33040 d�
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Monroe County Comprehensive Plan Land Authority Executive Director
1200 Truman Avenue, Suite 207 9=
Key West,FL 33040 d)
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Gregory S.Oropeza,Esquire,Attorney for Monroe County Land Authority q�p
221 Simonton Street �E
Key West,FL 33040
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IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed
by their officials thereto duly authorized.
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(Seal)
as
E
KEVIN MADOK,CLERK MONROE COUNTY BOARD OF �y
COUNTY COMMISSIONERS
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By: By:
As Deputy Clerk Mayor David P. Rice Mier&Ilt-
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APPROVED FOR FORM AND LEGAL t j
SUFFICIENCY FOR RELIANCE BY THE U
MONROE COUNTY B.O.C.C.ONLY:
00
By:
Robert B. Shillinger,County Attorney >
0
(Seal) MONROE COUNTY
COMPREHENSIVE PLAN
LAND AUTHORITY
By: Date:
Charles G.Pattison,Executive Director David P.Rice,Chairman
APPROVED FOR LEGAL SUFFICIENCY: E
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E
By:
Gregory S. Oropeza,Esquire
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Packet Pg. 1104
F.1.e
SECOND AMENDED AND RESTATED INTERLOCAL AGREEMENT
BETWEEN THE MONROE COUNTY LAND AUTHORITY AND THE BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY REGARDING THE
ADMINISTRATION OF LAND ACQUISITION PROGRAMS
THIS SECOND AMENDED AND RESTATED INTERLOCAL
AGREEMENT is made and entered into this day of June, 2022 by and between
the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY
(hereinafter "MCLA") and the BOARD OF COUNTY COPMMISSIONERS, a
political subdivision of the State of Florida(hereinafter "BOCC").
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WHEREAS, MCLA and the BOCC entered into that certain Interlocal Agreement
Between the Monroe County Land Authority and the Board of County Commissions of E
Monroe County Regarding the Administration of Land Acquisition Programs ("ILA") on 2
July 21, 2021; and
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WHEREAS, MCLA and the BOCC amended Interlocal Agreement between the
Monroe County Land Authority and the Board of County Commissioners of Monroe
County regarding the Administration of Land Acquisition Programs("ILA")on September
15, 2021; and U
2
WHEREAS, MCLA and the BOCC wish to enter into this 2nd Amended and U
Restated Interlocal Agreement, to be consistent with Chapter 2022-75, Laws of Florida
(Senate Bill 442)which amended Section 380.0666, Powers of land authority,by adding a
new power as follows:
U
U
(3) (c) To assist the county in which it is located in the administration of state and
federal grants awarded to the county for residential flood and sea-level rise mitigation
projects, including grants for the elevation of structures above minimum flood elevations; U
the demolition and reconstruction of structures above minimum flood elevations; and the 0
acquisition of land with structures at risk of flooding.; and
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WHEREAS, Section 380.0674 (2) Florida Statutes, indicates a "land authority
created by a county in which one or more areas have been designated as an area of critical
state concern for at least 20 consecutive years prior to removal of the designation shall
continue to exist and exercise all powers granted by this chapter until terminated by law or
action of the governing board pursuant to subsection (1)" and therefore, termination of this
agreement is being changed from termination of the Florida Keys Area of Critical State 0
Concern designation to be consistent with this section and tied to a future action by the
Governing Board.
NOW, THEREFORE, in consideration of the terms, conditions and covenants
hereinafter provided, the Parties agree as follows:
Packet Pg. 1105
F.1.e
SECTION 1 -RECITALS: The above recitals are true and correct and are incorporated
herein by reference. The parties intend for this Agreement to address program
administration of acquisition programs described below.
SECTION 2 -ADOPTION: The interlocal agreement between MCLA and BOCC dated
September 15, 2021, is hereby repealed, and replaced by this Second Amended and
Restated Interlocal Agreement. This agreement shall terminate upon action by the
governing board,pursuant to Section 380.0674 (2), Florida Statutes.
SECTION 3 - PROGRAMMING: MCLA's administration will include grant E
management of the BOCC programs outlined below (hereinafter the "Programs"),
including, but not limited to seller and/or buyer coordination; negotiating purchase and
sale agreements; ordering due diligence products on behalf of the BOCC including but
not limited to appraisals, boundary surveys, environmental assessments and any other E
inspections required in order to facilitate the BOCC's acquisition; and ordering closing 2
services, title commitments, and title insurance policies on behalf of the BOCC. The
MCLA staff shall be responsible for preparing all agenda items necessary to accomplish
the purposes of this agreement,including but not limited to agenda items requiring BOCC
approval. MCLA staff shall coordinate with BOCC staff as to placement on the E
appropriate segment of the BOCC portion of the agenda. Lands acquired under said
Programs shall be purchased with funds from either the BOCC or the referenced grant U
Programs and shall be titled in the BOCC. MCLA's administration shall include land U
stewardship activities pursuant to Program IV below when the acquired properties are 0
suited for management as conservation land. Otherwise, the BOCC agrees to maintain °0
the acquired properties and MCLA's administration shall include coordinating with
BOCC staff (Facilities Maintenance, Parks and Beaches, or Project Management) U
regarding maintenance activities such as mowing, trash removal, etc. when needed. 0
ao
PROGRAMS: U
0
L Less Than Fee Acquisition Pro _gram: This is a less than fee acquisition program
to retire the rights to build dwelling units where the subject lot is owned by the ,E
adjoining homeowner. The program was established by BOCC Resolution 175-
2018 and amended by BOCC Resolutions 438-2018 and 063-2020. E
II. Density Reduction Acquisition Pro _gram: This is a fee simple acquisition program N
4i
for those lots that are not suited for management as conservation land. The
program was established to retire the rights to build dwelling units on said lots E
pursuant to the 2016 Interlocal Agreement between MCLA and the BOCC.
Density Reduction Resale Program: A program to resell Density Reduction Lots
(lots not suited for management as conservation land) subject to deed restrictions
prohibiting development with dwelling units.
Packet Pg. 1106
F.1.e
III. Conservation Land Stewardship Program: This is a program to manage
conservation lands using the Monroe County Environmental Land Management
and Restoration Fund (Fund 160, aka MCELMRF), a non-ad valorem fund
established pursuant to BOCC Resolution 149-2022. Said lands consist of
conservation lands owned by the BOCC, conservation lands leased to the BOCC
by the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida, and conservation lands owned by MCLA.
IV. Community Development Block Grant — Disaster Recovery (CDBG-DR)
Voluntary Home Buyout Program: This is a program to purchase and demolish
improved properties that were damaged during Hurricane Irma and to acquire the
associated ROGO exemptions pursuant to BOCC Resolution 150-2020, thereby
amended on March 17, 2021. Properties acquired under this program must be
maintained for open space, recreation, or stormwater management.
V. Hazard Mitigation Grant Program (HMGP) Acquisition and Demolition,
Elevation: This is a program to purchase and demolish improved properties that 2
were damaged during Hurricane Irma, to acquire the associated ROGO <
exemption, and to maintain the acquired properties as open space or to Elevate
Existing Structures above minimum flood elevation requirements funded by
Federal Emergency Management Agency (FEMA).
E
Flood Mitigation Assistance (FMA)Acquisition and Demolition, Elevation: This
is a program to purchase and demolish improved properties that were damaged 2
during Hurricane Irma or other flood events, to acquire the associated ROGO �i
exemption, and to maintain the acquired properties as open space or to Elevate U
Existing Structures above minimum flood elevation requirements funded by
Federal Emergency Management Agency (FEMA).
VI. Florida Forever Program: MCLA will coordinate with Florida Department of U
Environmental Protection (DEP) and Department of Economic Opportunity 0
(DEO) regarding the State's acquisition of property within Florida Forever
projects. MCLA will serve as the BOCC's agent in implementing the 2017
Memorandum of Agreement, as subsequently amended,between Monroe County 2
and the Board of Trustees of the Internal Improvement Trust Fund of the State of 0
Florida and will assist DEP in identifying willing sellers within Florida Forever
projects. Nothing in this agreement shall prevent the MCLA from working 0
cooperatively with the DEP on acquisitions of qualifying properties under the
existing statutes, regulations, and ordinances governing land acquisitions by both
entities. E
VIL Code Compliance Foreclosure Lot Coordination: After the B.O.C.C. has acquired N
title to a lot either through a deed in lieu of foreclosure or through court action
arising from a Code Compliance Lien, the MCLA may assist in management of a
lot if it will be classified as conservation lots,preserved as density reduction lots,
or resold after removal of development rights in accordance with the programs
described above managed by the MCLA. <
fle e 3 of 8
Packet Pg. 1107
F.1.e
The following procedures apply for the reimbursement of staff time spent on programs
listed in Section 3:
MCLA responsibilities include:
A. In accordance with the ILA and this Amendment, MCLA agrees to assist the
County in implementation of the CDBG-DR VHBO and HMGP & FMA by
providing associated services needed to fulfill the Subrecipient Agreement
responsibilities in implementation of the Programs including but not limited to
developing procedures, assisting with procurement, construction, underwriting
administration, deed restriction development, real estate instrument development,
title reviews, recording, etc. N
B. In accordance with the ILA and this Amendment, MCLA agrees to assist the
County in implementation of the programs of the Interlocal by providing services E
needed to fulfil grant administration. '
County responsibilities include:
A. The County agrees to reimburse the MCLA at 100% the actual cost of salary, as
well as FICA taxes, withholding taxes, state and federal unemployment taxes, and
retirement benefits for program management and administration for the CDBG-DR, U
HMGP, and FMA programs, in accordance with State and Federal Program 2
regulations. U
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B. The County shall provide payment under this Agreement on a cost reimbursement
basis only and only after the granting agency reimburses the County for the
expenses incurred. U
C. Reimbursement shall be made quarterly based on the MCLA's submission and the
County's approval of a quarterly invoice. Payment shall be made in accordance U
with the Florida Local Government Prompt Payment Act. The MCLA agrees to 0
provide the County with documentation of all staff hours expended each pay period
on a form prescribed by the County. The County may require documentation of
expenditures prior to approval of the invoice and may withhold payment if services
are not satisfactorily completed or the documentation is not satisfied. Any payment
due or any approval necessary under the terms of the Agreement may be withheld
until all evaluation and documentation expenditures due from the MCLA and
necessary adjustments thereto, have been approved by the County. However, the
County agrees to use due diligence in approving and to proceed with a sense of 0
urgency and priority in making reimbursement to the MCLA.
D. The County shall only reimburse those reimbursable expenses that are reviewed
and approved as complying with any and all grant agreements and those expenses
that have been reimbursed by the granting agency to the County.
Packet Pg. 1108
F.1.e
E. After the Clerk of the BOCC examines and approves the request for reimbursement,
the BOCC shall reimburse MCLA.
F. Reimbursement by the County shall be made to the MCLA at the following address:
Monroe County Land Authority Office
1200 Truman Avenue, Suite 207
Key West, FL 33040 E
E
G. The payments from the County to the MCLA made pursuant to this Agreement are
sourced from reimbursement from the granting agencies.
N
SECTION 4 - FINANCING: The BOCC will continue to handle the financial services
and funding (including, but not limited to: budgeting, purchasing/bids/procurement, E
payment to vendors and applicants, and auditing)for the Programs referenced above. The
current funds include: Fund 316 Acquisition Fund; Fund 160 Monroe County
Environmental Land Management and Restoration Fund (MCELMRF); CDBG-DR;
HMGP; and FMA. The Clerk of the Court will continue to issue vendor payments. and
a�
BOCC FTE payroll. The Clerk will maintain BOCC financial statements including
annual single audit report and audit function of BOCC.
U
SECTION 5—EMPLOYMENT: The positions referenced below will be BOCC payroll 2
positions and to the extent not funded by the referenced grants, will be funded by the U
0
BOCC, as long as the persons currently within the positions remain employed in that M
position. Such funding shall include all ancillary funding necessary for such employee,
including, but not limited to office space, technology, cell phone, insurance benefits,
retirement benefits and vehicle(s) necessary to implement each position. Additionally, U
0
MCLA Executive Director, to the extent possible, will bill the grant Programs for time
expended by the MCLA Executive Director. When grant funds are no longer available to
fund personnel services, BOCC will continue to fund the positions, subject to annual 2
appropriation, unless otherwise agreed to.
STAFFING: POSITION NUMBERS:
Land Steward GMGM-005
Land Steward Assistant GMENV-020
Land Steward Assistant GMENV021 N
Acquisition Manager GMPLN-032
Mitigation Administrator GMBLG-053 E
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The positions listed above will be managed by and report to the MCLA Executive
Director, according to the BOCC adopted Personnel Policies and Procedures (PPP), as
may be amended from time to time, as well as the Career Service Council Act and
corresponding rules and regulations. In the case of any suspension, discharge,reduction
in pay,or demotion of such employees,the Executive Director shall be required to obtain
Packet Pg. 1109
F.1.e
County Administrator approval with a review by the Employee Services Director and
County Attorney to assure the Executive Director followed the PPP.
SECTION 6: Any new positions that will be added will be MCLA positions. If, at any
time, any of the employees currently occupying the positions listed above leaves the
position or separates from employment with Monroe County, the position will from that
point forward be an MCLA employee, and MCLA will be the employer for all purposes
for that position. In this case, the parties will work in good faith to amend this agreement
to fund the position appropriate to the program.
a�
For each of the five (5) positions listed above, while the position is held by a BOCC `u
employee but managed by the MCLA Executive Director, MCLA agrees to indemnify N
and hold harmless the BOCC for any and all employment claims filed by the employee
arising out of the employment, including but not limited to: workers' compensation; E
unemployment; and any claims arising out of federal, state or local laws including but
not limited to alleged violations of Americans with Disabilities Act as amended, Title
VII, and Section 504 of the Rehabilitation Act of 1973, to the extent the costs of such
claims exceed any insurance coverage provided to the MCLA through the County. The
term "claim" shall include liability or potential liability for wages and all other forms of
damages, as well as attorneys' fees and costs.
U
As long as BOCC funded employees are assigned work under the MCLA pursuant to U
this Section, the parties shall review this section no later than July 1 of each year to 0
determine if any BOCC funded positions should be transitioned to the MCLA. The °0
parties shall work cooperatively to seek any legislative changes to the MCLA enabling
statute and/or ordinance that are necessary to formalize the transfer of the BOCC funded U
positions and programs to the MCLA. 0
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SECTION 7 - GIS SERVICES: The BOCC will provide GIS services related to land
acquisition, and access and maintenance of related GIS layers. In addition, the BOCC 2
will continue to support and provide access to systems, files, and data bases to support
the Programs, including but not limited to Alchemy, Community PLUS, county data
servers and file directories, and permitting software platforms. ,E
SECTION 8 - EXECUTIVE DIRECTOR VEHICLE: The BOCC will transfer E
vehicle 1001/9384 vehicle to the MCLA. The MCLA will pay the maintenance, repair,
and replacement cost of the vehicle by invoice. cN
SECTION 9 -MISCELLANEOUS: E
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L Modifications to this Agreement shall be valid only when reduced to writing and
duly signed by all parties. If any term or provision of this Agreement shall be
invalid or unenforceable to any extent, the parties agree to comply with the
remaining terms and provisions, unless compliance with the remaining terms and
provisions would prevent the accomplishment of the original intent of the
agreement between the parties. Either party may terminate this Agreement at any
Packet Pg. 1110
F.1.e
time,with or without cause. Termination shall take effect upon receipt of written
notification by a party to the other parry.
IL Notification under this Agreement shall be made by hand delivery, U.S. certified
mail, return receipt requested, or an express mail with proof of delivery.
Notification by a party shall be delivered as follows:
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
E
Monroe County Attorney
1111 12th Street, Suite 408
Key West, FL 33040
E
0)
Monroe County Comprehensive Plan Land Authority Executive Director 2
1200 Truman Avenue, Suite 207
Key West, FL 33040
Gregory S. Oropeza, Esquire, Attorney for Monroe County Land Authority
221 Simonton Street
Key West, FL 33040 U
2
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SECTION 10—EFFECTIVE DATE: U
ao
This amendment shall become effective on July 1, 2022.
U
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed U
by their officials thereto duly authorized.
U
(Seal) 0
E
KEVIN MADOK, CLERK MONROE COUNTY BOARD OF
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COUNTY COMMISSIONERS E
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By: By:
As Deputy Clerk Mayor David P. Rice
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Packet Pg. 1111
F.1.e
APPROVED FOR FORM AND LEGAL
SUFFICIENCY FOR RELIANCE BY THE
MONROE COUNTY B.O.C.C. ONLY:
By:
Robert B. Shillinger, County Attorney
(Seal) MONROE COUNTY CN
COMPREHENSIVE PLAN
LAND AUTHORITY E
By: Date:
Christine Hurley, Executive Director David P. Rice, Chairman
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APPROVED FOR LEGAL SUFFICIENCY: U
2
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By:
Gregory S. Oropeza, Esquire
U
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E
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E
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Packet Pg. 1112