2. 2nd Amendment 06/15/2022 GV�S COURTq c
Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller— Monroe Count Florida
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DATE: July 13, 2022
TO: Christine Hurley
Executive Director
ATTN: Dina Gatnbuzza
Office Manager
FROM: Pamela G. Hancock, D.C.
SUBJECT: June 15'BOCC Meeting
Enclosed is an electronic copy of the following item for your handling:
F1 2'Amended and Restated Interlocal Agreement between Monroe County Land
Authority and Monroe County regardi ig the adniiiiistration of Land Acquisition and Management
Programs.
Should you have any questions,please feel free to contact me at (305) 292-3550.
cc: County Attorney_
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
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 15th day of June, 2022 by and between
the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY
(hereinafter "MCLA") and the BOARD OF COUNTY COPISSIONES, a
political subdivision of the State of Florida (hereinafter"BOCC").
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
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
WHEREAS, MCLA and the BOCC wish to enter into this 2"d Amended and
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:
(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 flooding.; and
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
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:
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
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
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
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
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, Parks and Beaches, or Project Management)
regarding maintenance activities such as mowing,trash removal, etc. when needed.
PROGRAMS:
I. 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.
II. 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.
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.
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
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).
Flood Mitigation Assistance (FMA)Acquisition and Demolition;Elevation: 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 or to Elevate
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
Environmental Protection (DEP) and Department of Economic Opportunity
(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
existing statutes, regulations,and ordinances governing land acquisitions by both
entities.
VII. Code Compliance Foreclosure Lot Coordination: After the B.O.C.C. has acquired
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.
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.
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
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,
HMGP, and FMA programs, in accordance with State and Federal Program
regulations.
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.
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 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 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.
11age 4 of
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
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.
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,
including, but not limited to office space, technology, cell phone, insurance benefits,
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
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
appropriation, unless otherwise agreed to.
STAFFING: POSITION NUMBERS:
Land Steward GMGM-005
Land Steward Assistant GMENV-020
Land Steward Assistant GMENV021
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
: , 5 of 8
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.
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.
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.
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
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.
SECTION 8 - EXECUTIVE DIRECTOR VEHICLE: The BOCC will transfer
vehicle 1001/9384 vehicle to the MCLA. The MCLA will pay the maintenance, repair,
and replacement cost of the vehicle by invoice.
SECTION 9 - MISCELLANEOUS:
I. 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
time,with or without cause. Termination shall take effect upon receipt of written
notification by a party to the other party.
11. 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
Monroe County Attorney
I I I I 12th Street, Suite 408
Key West, FL 33040
Monroe County Comprehensive Plan Land Authority Executive Director
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
SECTION 10—EFFECTIVE DATE:
This amendment shall become effective on July 1,2022.
I IT MESS WHEREOF,the parties hereto have caused this Agreement to be ex cuted
offici
als thereto duly authorized.
,
J,
K *,+AADOK,CLERK MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
By: By.-_
As Deputy (-lerk Mayor David P. ice
lag '7 f 8
APPROVED FOR FORM AND LEGAL
SUFFICIENCY FOR RELIANCE BY THE
MONROE COUNTY B.O.C.C. ONLY:
Digitally signed by Robert B.Shilli.ge,
DN:—Robert B.Shillinger.-B.O.C.C.of Monroe
Robert B. Shillinger County,FL.o—County Attorney,email=shflhnger�
b,barnonn—ounty-fi.gov,cmUS
t FOY., Date:2022.06.16 11:34:29-0400'
__..........
obert
B. Shillinger, County Attorney
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MONROE COUNTY
COMPREHENSIVE PLAN
LAND AUTHORITY
By:")")").. .. Date:
. ....................
Christine Hurley, Executiv irector David P. Rice, Chairman
APPROVED FOR LEGAL SUFFICIENCY:
By: o.',..........
Gregory S. Oropeza, Esquire