Item G1 G.1
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District 1
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
September 21, 2022
Agenda Item Number: G.1
Agenda Item Summary #11060
BULK ITEM: No DEPARTMENT: County Land Acquisition and Land
Management
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180
9:15 A.M.
AGENDA ITEM WORDING: Approval of Third 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 (ILA) on July 21, 2021 consolidating acquisition programs previously administered by
County staff with the Land Authority. The first amendment to the ILA was approved 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 the
"VHBP") administered through the Florida Department of Economic Opportunity (DEO). The 2nd
amendment of the ILA was approved June 15, 2022, to allow the MCLA to administer FEMA
funded programs.
This third amendment is being proposed to amend the process by which MCLA may be reimbursed
for staff time spent to assist with the administration and oversight of the VHBO. Per the CDBG-DR
grant agreement for the VHBO, the County "shall request funds in the manner prescribed by DEO."
The DEO process requires the County to submit for grant fund reimbursement after the grant-related
expense has been paid, and proof of payment is an essential component of reimbursement requests
submitted by the County to DEO. As part of Section 3, "County responsibilities" of the current ILA
states that the "The County shall provide payment under this Agreement on a cost reimbursement
bases only, and only after the granting agency reimburses the County for the expenses incurred."
This third amendment will allow the County to make payment for staff time prior to requesting
reimbursement from the granting agency, with the condition that if reimbursement under the grant is
denied, MCLA will be required to refund the payment to the County
Other edits to Section 3 "County responsibilities" have been made to align the agreement with
current practices.
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G.1
Strikethrough/underline edits are shown below. The attached third amendment to the ILA contains
only revised language.
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. If allowable under a grant agreement, Tthe County shall provide payment under this
Agreement on a cost reimbursement basis after the granting agency
reimburses the County for the expenses incurred. For grant agreements requiring County_
disbursement of funds prior to grant reimbursement, the County will provide payment to
MCLA and then request reimbursement from the granting agency. If reimbursement
under the grant is denied, MCLA will be required to refund the payment to the County.
C. Reimbursement shall be made Etttat4edy based on the MCLA's submission and the
County's approval of an "at4edy 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 e* reimburse those reimbursable expenses that are reviewed and
approved as complying with any and all grant agreements
been r-eifnbtir-sed by the -�I-fley to t4e
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.
All other terms and conditions of the ILA remain in effect.
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G.1
PREVIOUS RELEVANT BOCC ACTION:
On June 15, 2022, the Board approved the Second Amended and Restated Interlocal Agreement
between Monroe County Land Authority and the Monroe County Board of County Commissioners
regarding the administration of Land Acquisition and Management Programs. (Agenda Items F.1.
and G.3.)
On September 15, 2021, the Board the first amendment to the interlocal agreement between Monroe
County Land Authority and the Board of County Commissioners of Monroe County for
reimbursement of staff time spent on grant programs managed by MCLA. (Agenda items F.6. and
G.1.)
On July 21, 2021, the Board approved the July Interlocal Agreement between the Monroe County
Land Authority and the Monroe County Board of County Commissioners dated July 7, 2021.
(Agenda item H.7.)
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
BOCC-MCLA-ILA-2022ThirdAmendment
BOCC-MCLA-ILA-2022SecondAmendment
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
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:
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G.1
Additional Details:
N/A
REVIEWED BY:
Christine Hurley Completed 08/31/2022 1:05 PM
Cynthia Guerra Completed 09/01/2022 8:31 AM
Bob Shillinger Completed 09/01/2022 3:12 PM
Budget and Finance Completed 09/02/2022 9:46 AM
Purchasing Completed 09/02/2022 3:25 PM
Risk Management Completed 09/02/2022 4:39 PM
Lindsey Ballard Completed 09/06/2022 9:11 AM
Board of County Commissioners Pending 09/21/2022 9:00 AM
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G.1.a
THIRD 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 THIRD AMENDED AND RESTATED INTERLOCAL AGREEMENT
is made and entered into this day of September 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
Monroe County Regarding the Administration of Land Acquisition Programs ("ILA") on
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 E
County regarding the Administration of Land Acquisition Programs("ILA")on September
15, 2021 and June 15, 2022; and 2
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WHEREAS, MCLA and the BOCC wish to enter into this 3rd Amended and
Restated Interlocal Agreement.
NOW, THEREFORE, in consideration of the terms, conditions and covenants E
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.
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SECTION 2 - ADOPTION: The Second Amended and Restated Interlocal Agreement q
between MCLA and BOCC dated June 15, 2022, is hereby repealed, and replaced by this
Third Amended and Restated Interlocal Agreement. U
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SECTION 3 - PROGRAMMING: MCLA's administration will include grant 0
management of the BOCC programs outlined below (hereinafter the "Programs"), M
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 E
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
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G.1.a
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.
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PROGRAMS:
L Less Than Fee Acquisition Program: This is a less than fee program to retire
the rights to build dwelling units where the subject lot is owned by the adjoining
homeowner. �
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II. Density Reduction Acquisition Pro _gram: 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 U
(lots not suited for management as conservation land) subject to deed restrictions �o
prohibiting development with dwelling units.
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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 N
Florida, and conservation lands owned by MCLA. N
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 U
amended on March 17, 2021. Properties acquired under this program must be 0
maintained for open space, recreation, or stormwater management. M
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).
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G.1.a
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 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 E
Memorandum of Agreement, as subsequently amended,between Monroe County
and the Board of Trustees of the Internal Improvement Trust Fund of the State of M
Florida and will assist DEP in identifying willing sellers within Florida Forever
projects. Nothing in this agreement shall prevent the MCLA from working E
cooperatively with the DEP on acquisitions of qualifying properties under the
existing statutes, regulations, and ordinances governing land acquisitions by both
entities.
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VIL 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, U
or resold after removal of development rights in accordance with the programs 2
described above managed by the MCLA. U
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The following procedures apply for the reimbursement of staff time spent on programs
listed in Section 3: u
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 N
responsibilities in implementation of the Programs including but not limited to
developing procedures, assisting with procurement, construction, underwriting q
administration, deed restriction development, real estate instrument development,
title reviews, recording, etc. U
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B. In accordance with the ILA and this Amendment, MCLA agrees to assist the 0
County in implementation of the programs of the Interlocal by providing services M
needed to fulfil grant administration.
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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,
fle e 3 of"7
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G.1.a
HMGP, and FMA programs, in accordance with State and Federal Program
regulations.
B. If allowable under a grant agreement, the County shall provide payment under this
Agreement on a cost reimbursement basis after the granting agency reimburses the
County for the expenses incurred. For grant agreements requiring County
disbursement of funds prior to grant reimbursement, the County will provide
payment to MCLA and then request reimbursement from the granting agency. If
reimbursement under the grant is denied, MCLA will be required to refund the
payment to the County.
C. Reimbursement shall be made based on the MCLA's submission and the County's
approval of a 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 E
and documentation expenditures due from the MCLA and necessary adjustments
thereto, have been approved by the County. However, the County agrees to use 2
due diligence in approving and to proceed with a sense of urgency and priority in U
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making reimbursement to the MCLA.
D. The County shall reimburse those reimbursable expenses that are reviewed and
approved as complying with any and all grant agreements. ,E
E. After the Clerk of the BOCC examines and approves the request for reimbursement, E
the BOCC shall reimburse MCLA.
F. Reimbursement by the County shall be made to the MCLA at the following address: N
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Monroe County Land Authority Office q
1200 Truman Avenue, Suite 207
Key West, FL 33040 U
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G. The payments from the County to the MCLA made pursuant to this Agreement are U
sourced from reimbursement from the granting agencies. M
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
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G.1.a
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. E
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STAFFING: POSITION NUMBERS:
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Land Steward GMGM-005
Land Steward Assistant GMENV-020
Land Steward Assistant GMENV021
Acquisition Manager GMPLN-032 U
Mitigation Administrator GMBLG-053 2
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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
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County Administrator approval with a review by the Employee Services Director and
County Attorney to assure the Executive Director followed the PPP.
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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 q
point forward be an MCLA employee, and MCLA will be the employer for all purposes
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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. U
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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
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G.1.a
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 E
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 transfer
vehicle 1001/9384 vehicle to the MCLA. The MCLA will pay the maintenance, repair,
and replacement cost of the vehicle by invoice.
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SECTION 9 -MISCELLANEOUS: 2
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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
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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 parry 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.
IL Notification under this Agreement shall be made by hand delivery, U.S. certified N
mail, return receipt requested, or an express mail with proof of delivery.
Notification by a parry shall be delivered as follows:
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Monroe County Administrator
1100 Simonton Street i
Key West, FL 33040 M
Monroe County Attorney
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1111 12th Street, Suite 408
Key West, FL 33040
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Monroe County Comprehensive Plan Land Authority Executive Director
1200 Truman Avenue, Suite 207
Key West, FL 33040
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G.1.a
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 upon
execution by all parties.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed
by their officials thereto duly authorized.
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(Seal)
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KEVIN MADOK, CLERK MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
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By: By:
As Deputy Clerk Mayor David P. Rice
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APPROVED FOR FORM AND LEGAL
SUFFICIENCY FOR RELIANCE BY THE u
MONROE COUNTY B.O.C.C. ONLY:
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By:
Robert B. Shillinger, County Attorney
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(Seal) MONROE COUNTY q
COMPREHENSIVE PLAN
LAND AUTHORITY
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By: Date: 00
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Christine Hurley, Executive Director David P. Rice, Chairman
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APPROVED FOR LEGAL SUFFICIENCY:
By:
Gregory S. Oropeza, Esquire
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GV�S COURTq c
Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller— Monroe Count Florida
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DATE: July 13, 2022
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TO: Christine Hurley
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Executive Director E
ATTN: Dina Gatnbuzza
Office Manager
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FROM: Pamela G. Hancock, D.C.
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SUBJECT: June 15'BOCC Meeting
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Enclosed is an electronic copy of the following item for your handling:
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F1 2'Amended and Restated Interlocal Agreement between Monroe County Land 2
Authority and Monroe County regardi ig the adniiiiistration of Land Acquisition and Management L)
Programs. 0
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Should you have any questions,please feel free to contact me at (305) 292-3550.
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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 Plan
305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 1285
G.1.b
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
CU
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 U
15, 2021; and U
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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:
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(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 N
acquisition of land with structures at risk of flooding.; and Q
WHEREAS, Section 380.0674 (2) Florida Statutes, indicates a "land authority q
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 U
action of the governing board pursuant to subsection (1)"and therefore,termination of this U
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.
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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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G.1.b
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 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 E
BOCC staff (Facilities Maintenance, Parks and Beaches, or Project Management)
regarding maintenance activities such as mowing,trash removal, etc. when needed. E
PROGRAMS:
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I. Less Than Fee Acquisition Program: This is a less than fee acquisition program N
to retire the rights to build dwelling units where the subject lot is owned by the ®a
adjoining homeowner.
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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 U
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
Packet Pg. 1287
G.1.b
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 M
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 ElevateCU
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 U
during Hurricane Irma or other flood events, to acquire the associated ROGO 2
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
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 0
Florida and will assist DEP in identifying willing sellers within Florida Forever
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projects. Nothing in this agreement shall prevent the MCLA from working N
cooperatively with the DEP on acquisitions of qualifying properties under the Q
existing statutes, regulations,and ordinances governing land acquisitions by both '
entities. q
VII. Code Compliance Foreclosure Lot Coordination: After the B.O.C.C. has acquired U
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 U
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.
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Packet Pg. 1288
G.1.b
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 M
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.
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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 U
retirement benefits for program management and administration for the CDBG-DR, 2
HMGP, and FMA programs, in accordance with State and Federal Program U
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 en
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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 q
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 U
until all evaluation and documentation expenditures due from the MCLA and U
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.
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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.
11a ge 4 of
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G.1.b
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
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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. U
2
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SECTION 5—EMPLOYMENT:The positions referenced below will be BOCC payroll U
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.
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STAFFING: POSITION NUMBERS: q
Land Steward GMGM-005 U
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Land Steward Assistant GMENV-020 ,
Land Steward Assistant GMENV021 U
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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
Packet Pg. 1290
G.1.b
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. U
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As long as BOCC funded employees are assigned work under the MCLA pursuant to
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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 E
statute and/or ordinance that are necessary to formalize the transfer of the BOCC funded
positions and programs to the MCLA. E
SECTION 7 - GIS SERVICES: The BOCC will provide GIS services related to land 0
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. ®a
SECTION 8 - EXECUTIVE DIRECTOR VEHICLE: The BOCC will transfer U
vehicle 1001/9384 vehicle to the MCLA. The MCLA will pay the maintenance, repair, I
and replacement cost of the vehicle by invoice. U
SECTION 9 - MISCELLANEOUS:
E
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
Packet Pg. 1291
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:
E
Monroe County Administrator
1100 Simonton Street E
Key West, FL 33040
Monroe County Attorney
1111 12th Street, Suite 408 E
Key West, FL 33040
Monroe County Comprehensive Plan Land Authority Executive Director
1200 Truman Avenue, Suite 207
Key West, Fl,33040
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Gregory S.Oropeza, Esquire, Attorney for Monroe County Land Authority
221 Simonton Street U2
Key West, Fl,33040 U
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SECTION 10—EFFECTIVE DATE:
This amendment shall become effective on July 1,2022. E
WHEREOF,the parties hereto have caused this Agreement to be e�x�cuted E
K officials thereto duly authorized.
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K *,+AADOK,CLERK MONROE COUNTY BOARD OF q
COUNTY COMMISSIONERS
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By: U
By.-_
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As Deputy Clerk Mayor Daved p iceM
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Packet Pg. 1292
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 Montoe
Robert B. Shillinger County,FL.o—County Attorney,email=shflhnger�
b,barnonn—ounty-fi.gov,cmUS
Date:2022.06.16 11:34:29-0400' E
obert B. Shillinger, County Attorney
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MONROE COUNTY
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COMPREHENSIE PLAN
LAND AUTHORITY
Date:By:......... ............. .
Christine Hurley,'Executiv---rirect...o......r....
Dav2TP. Rice, Chairman
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APPROVED FOR LEGAL SUFFICIENCY: 2
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By: "...... ..................
Gregory S. Oropeza, Esquire
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Packet Pg. 1293