2. 3rd Amendment 09/21/2022 GV�S COURTq c
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: October 11, 2022
TO: Christine Hurley
Executive Director
ATTN: Dina Gannbuzza
Office Manager
FROM: Liz Yongue, Deputy Clerk
SUBJECT: September 21st BOCC Meeting
Enclosed is an electronic copy of the following item for your handling:
G1 Third Amended and Restated Interlocal Agreement between Monroe County
Land Authority (MCLA) and the Monroe Countv Board of Countv Commissioners (BOCC)
regarding the administration of Land Acquisition and Management Progranns.
Should you have any questions,please feel free to contact me at (305) 292-3550.
cc: Cotmty Attorney_
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
THIRD AMENDED AND RESTA,rED INTE L C L GREEM EN'T BETWEEN
THE MONROE COUNTY LAND AUTHORITY ANDTHE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUN"rY REGARDING THE
ADMINISTRA"TION OF LAND ACQUISITION PROGRAMS
THIS THIRD M E DED AND RESTATED I1 'TERLOCALA('-'.REEME "r
is armada and entered into this 21st day of September 2022 by and between the
ONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORFTY (hereinafter
" C LA") and the BOARD OF' COUNT'COUNT'Y CeOPMMISSIONE11 S, a political
subdivision of the State of Florida (hereinafter"'BO C").
WHEREAS,S, MC1.., . and the BOC°C entered into that certain 1nnterlocaal Agreement
Between the Monroe County 1...,arnd Authority and the Board of County Commissions of
Monroe o urnty Regarding than Adniinistration of Land Acquisition Programs (11.A") on
„luuly 21, 2021.; and
WHEREAS, MCLA and the BOCC amended 1auterlocal Agreement between the
Monroe County 1...,snAd Authority and the Board aa1" County Commissioners of Monroe
County regarding the Administration of 1..,aannd Acquisition Programs("ILA")on S patenanl:n r
15, 2021 and „launne 1 5, 2022; and
WHEREAS, MCLA and the BBC C wish to enter into this .and Arriended and
Restated 1rnterlaacad Agreement.
NOW, "1Ci-1pER EpE°O11R , in consideration of the terms, conditions and Covenants
na nts
hereinafter provided, the Parties agree e as follows:
SECTION I ,,,. RECITALS:ALS: The above recitals are true and correct and are incorporated
d
herein by reference. 'The parties intend for this Agreement to address progr rn
administration of acquisition programs described below,
SECTION 2 - Dor.rION: The Second Amended and Restated Interlocal Agreement
between MCLA and BOC;C; dated June 15,2022, is hereby repealed,and replaced by this
'Third Amended and Il a„staated 1aaterlocal Agreement,
SECTION - PROC"R MING: MC LA's administration will include grant
management of the BOC;C; programs outlined below (hereinafter the "Prop r runs"),
including, but nnn_at limited to seller and/or buyer coordination; negotiating purchase arid
sale agreements; ordering dace diligence products on behalf of the BOCC including but
not limited to appraisals, boundary surveys, environmental assessments arid any rather
inspections required in order to facilitate the BBC C s acquisition;; and ordering closinn,
services, title commitments,ennts, and title insurance policies on behalf of the BOCC. The
MC LA staff shall be responsible onsible for preparing all agenda items necessary to accomplish
the purposes s of this agreement, including but nnaat limited to agenda items requiring 1 OCC
approval. MCI..,A staff shall coordinate with BOC;C, staafT 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 BO( C. MCLA's adrninistration shall in land
stewardship activities pursuant to 1f)rogram IV below when the acquired properties are
suited for management as conservation land, Otherwise, the BOCC agrees to maintain
the acquired properties and MCL,A`s administration shall include coordinating with
BOCC staff (Facilities Maintenance, Parks and Beaches, or Project Management)
regarding amintenance activities such as mowing,trash removal, etc,, when needed.
1® I.,ess Than Fee Aco.!.j s i tipn_EEqgg1m. 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.
11. Q�en;it _&�O : 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.
Qensit Reduction Resade Prorram: A program to reselI Ilf)ensity, Reduction I...,ots
(lots not suited fior management as conservation land) subject to deed restrictions
prohibiting development with dwelling units.
111. Conservation Land St e.E.a.r s.h im.............P.I.oz,r.a gi, This is a program to manage
... .. ... .... .....
�_o_nservatiornian'ds" Wising.. th e Monro..e Co-i n ty Environmental Land Management
and Restoration Fund (Fund 160, al(a MCELNU), a non-ad valorem fund
established pursuant to BO(.V Resolution 149-2022. Said lands consist of
conservation lands owned by the BOCC, conservation lands leased to the BOCC
by the Board of Trust ees of the Internal Improvement 'rrust Fund of the State of
Florida, and conservation lands owned by MCI,A.
IV. LC2o!mnMm Lu n�i_p .............(.,Q� 1..3..Q-Q.RJ
.... ......................
Yolun�g, p pai n nayaannt rca srarrn. This is a prograrn to purchase and demolish
improved properties that were damaged during I furricane Irma and to acquire the
associated ROGO exemptions pursuant to BOCC Resolution 150 1020, thereby
amended on March 17, 2021, Properties acquired urtder this program must be
maintained for open space, recreation, or storm water management.
V. I lazard Mi iaarion rant Praap ragl_J11h1Q � A, gisition and Demolition-
�i�Pc i o n:
-am to purchase and demolish improved properties that
e vation: This is a progo
.............................................................
were daniaged during Hurricane Irma, to acquire the associated POGO
exemption, and to maintarin the acquired properties as open space or to Elevate
Existing Structures above minit-num flood elevation requirements funded by
II-ederat Emergency Management Agency (FEMA).
1 2 o f 7
FIKood lylutuggatuon Assusta nc ffi��isutuorn and Demolition- 1',levation: Thus
is uu program to purchase and demolish improved properties that were damaged
during Hurricane Irma or other flood events, to acquire the associated R.OGO
exemption, and to maintain the acquired d properties as open space or to Elevate
Existxisl'ing Structures abovemm�urnumrm.urrn ff ood l vatio n requirements funded by
Federal Emergency Management Agency (FE MA).
1. Florida........➢;°°.orever......Prog!: ae LA will coordinatewith Florida Department of
f vuro nm e ntal Prante.cturarn (ICI-: ) and Department of Economic Opportunity
(DECK) regarding the State's acquisition of property within Florida Forever
projects. I C;LA will serve as the BOC;C;'s agent in innplenienting the 2017
Memorandum asp"Agreement,as subsequently amended,between Monroe ,ou my
and the Board ofTrustees of the Internal Improvement Trust Fund ofthe State of
Florida and will assist IC EP in identifying willing sellers within Florida Forever
projects. Nothing in this agreement shall prevent the MC;I...,A from working
cooperatively with the DEP on acquisitions of qualifying properties s under the
existing statutes, regulations,ns, and ordinances governing land acquisitions by both
entities.
IR® Code Compliance Foreclosure Lint C oordurnatiow After the 1 .O.C.C;. has acquired
title to nu last either through a deed in lieu of foreclosure or through court action
arising from a Code Compliance I.. enn,the MCrLA may assist in management of
lint if it will he classified as conservation lots, preserved as den,suty reduction buts,
or resold after removal of development rights in accordance with the programs
described above managed by the MCLA..
The following procedures apply fair the reimbursement of staff time spasm on programs
lusted in Section 3:
MCLA responsibilities nsuhulities include:
A. In accordance with the ILA and this Anrne ndrnnenIlt, MCLA agrees to assist the
County in implementation of the CDBG-DR ° `I- BO and HMGP & FMA by
providing associated services rneedad to fuulffAll the Suhrecipnuernt Agreement
responsibilities nsuhulities 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.
ff u In accordance with the ILA and this Amendment, MC LA agrees to assist the
County in implementation of than programs of the Innterlocal by providing services
needed to fulfil grant administration.
County responsibilities include:
A. The County unty agrees to reunmmhuarse the MC;I...,A al: 100% the actual cost off`salary, as
well as FICA taxes, withholding taxes, state and federal unemployment taxis, and
retirement benefits for program management and administration for than C,D13G-DID.,
11 ige 3 cog` A
IJMGP, arid 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 MCI..,A 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 MCI..,A's submission and the County's
approval of a invoice. Payment shall be made in accordance with the Florida I..,ocal
Government Prompt Payment Act. 'rhe MCI.,A 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 MCI...,A 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 MCI...A,,
D. The County shall reimburse those rein-ibursable expenses that are reviewed arid
approved as complying with any and all grant agreements.
E. After the Clerk oath BOCC examines and approves the request for renribursement,
.1
the CC shall reimburse MCI...A.
F. Reimbursement by the County shall be made to the MCL.A at the following address:
Monroe County Land Authority Office
1200 ,rrunwn Avenme, Suite 207
Key West,FL 33040
G. The payments from the County to the MCLA made pursuant to this Agreement are
sourced from reimbursement fi-otn the granting agencies,
SECTION 4 - FINANCING: The BOCC will continue to handle the frnanciaI 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 1.,and Management and Restoration Fund (MCEI...,MRF); CDBG-DR;
HMGP; and FMA. The Clerk of the Court will continue to issue vendor payments. and
11"'I[ge 4 fjf`'
BOCC EYE payroll. The Clerk will maintain BOCC financial staterrients including
annual single audit report and audit function of BOCC.
SEC"r[ON 5 EMPLOYMEN,r: 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 firrie
expended by the MCLA Executive Director. When grant funds are no longer available to
fund personnel services. BOCC will continue to fund the positions, subpect to annual
appropriation, unless otherwise agreed to.
s"rAFFING: POSITION NUMIBERS:
L.,and Steward GMGM 005
Land Steward Assistant GMENV-020
L.,and Steward Assistant GMENV021
Acquisition Manager GMPLN-032
Mitigation Administrator GMBL..,G 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 aniended from time to tirne, 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
County Attorney to assure the Executive Director followed the PPP,
SECTION 6: Any new positions that will be added will be MC L.A positions. If, at any
firne, any of the employees currently occupying the positions listed above leaves the
position or separates fli-on-i employment with Monroe County, the position will from that
point forward be an MCLA ernployee, 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 progran,-i.
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, MC LA 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;
unernployment; and any claims arising out of federal, state or local laws including bunt
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 MC LA through the County, The
1[la""le 5 of-7
term "clahn" shall include liability or potential liability for wages and all other forms of
damages, as well as attorneys' flees and costs.
As long as BOCC funded employees are assigned work tinder the MC LA pursuant to
this Section, the parties shall review this section no later than July I of each year to
determine if any BOCC funded positions should be transitioned to the MCI..,A., The
parties shall work cooperatively to seek. any legislative changes to the MCLA enabling
statute and/or ordinance that are necessary to formalize the transfi,:r of the BOCC funded
positions and programs to the MCLA.
SECTION 7 - GIS SERVICES: 'rhe BOCC will provide GIS services related to land
acquisition, and access and maintenance of related GIS layers.. In addition, the BOC'C
will continue to support and provide access to systems, files, and data bases to support
the Programs, including but not limited to Alchemy, Community PUJS, county data
servers and file directories, and permitting software platforms.
SEcriON 8 - EX.111�',UJTIVE DIRECTOR VEHICLE: The BOCC will transfer
vehicle 1 00U9384 vehicle to the MCLA. The MCLA will pay the maintenance, repair,
and rep lacernent cost of the vehicle by invoice.,
SECTION 9 - MISCELLANEOUS:
1. 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 ternis 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 as party to the other party.,
11. Notification under this Agreetnent 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:
Moiairoe Couirity Administrator
I 100 Simonton Street
Key West, R., 33040
Monroe County Attorney
I I I I 12th Street, Suite 408
Key West, FL 33040
Moniroe County Comprehensive Plan Land Authority Executive Director
1200"Fruman Avenue, Suite 207
Key West, R., 33040
"'age 6) (I�ff7
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.
fl)
zz
, IN MADOK, CLERK MONROE COUNTY BOARD OF
o�A ` tF.- COUNTY COMMISSIONERS
sp9+ �6 -w J?
By: C�/,�ll By:
As IJ�eputy erCl k Mayor David P. ice
APPROVED FOR FORM AND LEGAL
SUFFICIENCY FOR RELIANCE BY THEE_. = r
MONROE COUNTY B.O.C.C. ONLY: -1-.; ='
DigItallyslgned by Hobert B.ShALnger ' ^_
DN:cn-Robert B.5hillinger,o-Monroe County BOCC,
Robert B. S h i l l i n g e r"`ou-Monroe County Attorney.email=shlllinger- ..
/—babOmonroecounty-fig ov,c=US _.;
Date:2022.09.2612:35:25-0A'00'
""'""" By. Robert B. Shillinger, County Attorney c•
16-i
/V* , ti.. _ "" C`,
IAA ; - :f;I) MONROE COUNTY `"
1.,A; .4 1-.�J COMPREHENSIVE PLAN
LAND AUTHORITY
N.h� c1
c~,19'Ito rterain 1",•
By: DIM I,u. Date:
Christine Hurley, ERecutivt Director David P. Rice, Chairman
APPROVED FOR LEGAL SUFFICIENCY:
Gregory S. Oropeza, Esquire
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