Item D06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 20.2006
Division: Community Services Division
Bulk Item: Yes ~ No
Department: Community Services Division
Staff Contact PersonlPhone #: Sandy Molina X4500
AGENDA ITEM WORDING: Approval ofInterlocal Agreement between Monroe County and the
City of Key West for Community Development Block Grant Disaster Recovery Funding to assist in the
recovery in the most impacted and distressed areas relating to the consequences of Hurricanes Katrina,
Rita and Wilma in the Gulf of Mexico in 2005.
ITEM BACKGROUND: See Attached Memo
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRAC~AGREEMENTCHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A
BUDGETED: Yes
No
COST TO COUNTY: N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes No AMOUNTPERMONTH_ Year
APPROVED BY: County Atty!JJ OMBIPurchasing _ Risk Management _
DOCUMENTATION:
Included
x
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 11/06
MEMORANDUM
November 30, 2006
TO: Monroe County Board of County Commissioners (BOCG)
FROM: Deb Barsell, Director, Community Services Division
SUBJECT: ILA with City of Key West to Coordinate CDBG Disaster Relief Funds
The City of Key West has applied for and been granted $7,531,497 in Community
Development Block Grant (CDBGF) from the FL Department of Community Affairs
(DCA). The City, County, and Housing Authority worked together in the planning stages
of this successful application. In order for these CDBG funds to be available in non-
incorporated Monroe County, an interlocal agreement (ILA) must be executed between
the City of Key West and the BOCC. It is advantageous to the citizens of Monroe
County for the City and the County to coordinate the CDBG Disaster Relief Funds.
Activities that are eligible under this program relative to the consequences of Hurricanes
Katrina, Rita, and Wilma are as follows:
· Restoration of disaster impacted affordable housing.
· Restoration of public infrastructure destroyed or damaged.
· Assistance for displaced or commercially impacted business.
Populations that will receive special consideration are elderly, disabled, farm workers,
homeless, and persons living in poverty.
It is recommended by staff that this ILA be approved to enable the Cbunty to fully
participate in the use of the CDBG funds administered by the City.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: City of Key West
Contract :/:L
Effective Date:
Expiration Date:
Contract Manager: Sandy Molina
(Name)
4500
(Ext.)
Comm. Servo Division #1
(Department/Stop #)
for BOCC meeting on
12/20/06
Agenda Deadline: 12/5/06
CONTRACT COSTS
Total Dollar Value of Contract: $ N/ A Current Year Portion: $ N/ A
Budgeted? YesD No D Account Codes:
Grant: $ N/A
County Match: $ N/ A
Estimated Ongoing Costs: ~/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
County Attorney
Changes.. ./"J
f~~);6 Ye~~~GY j ~:~Pt
lJ-<t-ll1o YesDNoE] ~
_''-''(01, YeSDNO~~
/).fvl' YesDNo~ ~
Date Out
Iz/y; 0
\ l '1f~
Division Director
Risk Management
O~.B./Purchasing
Comments:
OMB Form Revised 2/27/01 MCP #2
Attachment D
~NTERLOCAL AGREEMENT BETWEEN MONROE COUNTY
AND
THE CITY OF KEY WEST, FLORIDA
FOR
COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY FUNDING
THIS AGREEMENT is made and entered into this _ day of
and between Monroe County (County) and the City of Key West, Florida (City).
, 2006 by
WHEREAS, Chapter 163, Florida Statutes, permits governmental units to enter into
interlocal agreements to make the most efficient use of their powers by enabling them to
cooperate with one another on a basis of mutual advantage; and
WHEREAS, both County and City are authorized by general law to provide for the
health, safety, and welfare of citizens within their respective jurisdictions and now desire to
make the most efficient use of their powers by entering into this Agreement to serve their mutual
best interests and advantage; and
WHEREAS, The City of Key West has applied for a 2005 DisasterRecovery
Community Development Block Grant (CDBG) in the amount of $7,531.497.00 from the State
of Florida, Department of Community Affairs (DCA) to "Assist in the recovery in the most
impacted and distressed areas relating to the consequences of Hurricanes Katrina, Rita and
Wilma in the Gulf of Mexico in 2005"; and
WHEREAS, the City of Key West intends to make the funds available county-wide; and
WHEREAS, an interlocal agreement is required if a CDBG-funded activity is outside the
jurisdiction of the applying local government.
NOW THEREFORE, in consideration of the mutual covenants and obligations
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contained herein, County and City hereby agree as follows:
1. Purpose. The purpose of this Interlocal Agreement is to coordinate the CDBG
disaster relief funds to the benefit of both parties. The Application for HUD Disaster Recovery
Funding, including attachments and supplements, will provide funding to eligible applicants and
properties countywide.
2. Administration. The City will administer the CDBG funds in conformance with
all applicable HUD requirements, as administered by DCA, and as delineated more specifically
in the Application and in the Grant Award Agreement between City and DCA. The City
Community Development Office, managed by The Housing Authority of the City of Key West,
Florida (Housing Authority) will administer this CDBG Award. The Housing Authority will
seek an outside firm to perform Project Delivery Services.
3. Terrn/Termination. The term of this Agreement shall begin on the date of filing
an executed copy with the Clerk of the City of Key West, and shall expire as of the date the
CDBG agreement is administratively closed-out by the City of Key West.
4. Notices. In the event either party hereunder desires or is required to provide any
notice to the other party, the party desiring or required to provide such notice shall provide it in
writing, send it by certified mail, return receipt requested, postage prepaid, ~o the other party at
the address listed below:
If to County:
Thomas J. Willi, County Administrator
Monroe County
1100 Simonton Street
Key West, Florida 33040
If to City:
Julio A vael, City Manager
City of Key West, Florida
525 Angela Street
Key West, FL 33040
5. Modification. No modification, amendment, or alteration in the terms or
conditions herein shall be effective unless contained in a written document executed with the
same formality and of equal dignity herewith.
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6. Execution. This Agreement shall be executed in duplicate ~nd each shall be
considered an original.
7. Disclaimer of Third Party Beneficiaries. This Agreementiis solely for the
benefit of the parties to this lnterlocal Agreement. No right or cause of actiion shall accrue upon
or by reason hereof inure to or for the benefit of any third party.
8. Asshmment. This Agreement shall be binding on the parties, their
representatives, successors and assigns. Neither party shall assign this Agreement or the rights
or obligations hereof to any other person or entity without the prior written consent of the other
party.
9. Indemnification. County, as a state agency or subdivision defined in Section
768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its
own negligent acts or omissions, or intentional tortuous actions, which result in claims or suits
against either County or City, and agrees to be liable to the statutory limits for any damages
proximately caused by said acts or omissions, or intentional tortuous acts.
City, as a state agency or subdivision defined in Section 76J.28, Florida Statutes,
agrees to be fully responsible to the limits set forth in such statute for its 0 n negligent acts or
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omissions, or intentional tortuous acts, which result in claims or suits again~t either the City or
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County, and agrees to be liable to the statutory limits for any damages proximately caused by
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said acts or omissions, or intentional tortuous acts. I
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Nothing contained in this Section shall be construed to be a ~aiver by either party
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of any protections under sovereign immunity, Section 768.28 Florida Statutes, or any other
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similar provision of law. Nothing contained herein shall be construed to b~ a consent by either
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party to be sued by third parties in any matter arising out of this or anyoth~r Agreement.
10. Severability. If any part of this Agreement is found invalid: or unenforceable by
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any court, such invalidity or unenforceabllity shall not affect the other part$ of the Agreement, if
the rights and obligations or the parties contained herein are not materially prejudiced and if the
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intentions of the parties continue to be effected.
11. Applicable Law/Disputes/Liti2"ation. This Agreement andl the provisions
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contained herein shall be construed, controlled, and interpreted according tei> the laws of the State
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of Florida. Any dispute involving litigation between County and City is subect to all provisions
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of Chapter 164, Florida Statutes. The parties agree that in the event of any Ftigation arising out
of any alleged breach or non-performance of this Agreement, the venue for1such litigation shall
be in Monroe County, Florida.
12. Effective Date. This Agreement shall take effect upon filing a fully executed
copy with the Clerk of the City of Key West. I
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement for the
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purpose herein expressed as of the date and year first written above. !
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By:
ATTEST: DANNY L. KOHL AGE, COUNTY CLERK
By:
Deputy Clerk
ATTEST: CITY CLERK
Deputy Clerk
BOARD OF COUNTY CO:tvMSSIONERS
OF MONROE COUNTY, FLO:(uDA
BY:
Mario Di Gennaro, Mayor
Date:
Oate
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CITY OF KEY WEST, FLORIDA
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BY:
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Morgan MCPherson, Mayor
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Date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
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City Att0mey
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BY:
Date:
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Housing Authority of the City of K(ey West, Florida
1400 Kennedy Drive, Key West, FL 33040
Phone: (305) 296-5621 Fax: (305) 296-0932
Board of Commissioners
Frank Toppino
Bob Dean
Juanita Mingo
John G. Parks, Jr.
Roosevelt Sands, Jr.
Executive Director
J. Manuel Castillo, Sr.
November 15, 2006
NfjV. "2IlB
RECEIVED
Thomas J. Willi
Monroe County Administrator
1100 Simonton Street
Key West, Florida 33040
e:()UNTY,ADMINISTRATOR
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The purpose of this letter is to .invite your community to participate in the 2005 Di~aster Recovery
Community Development Block Grant (CDBG) Program. I
On June 1 and June 13,2006, the attached e-mail (Attachment A) was sent to you I office inviting you to
participate in selecting a govemment entity to apply for the Disaster Recovery CDbG funds. I
subsequently met with the County and City of Key West, who responded to the emails, to determine who
would be the applicant as required by the State of Florida Department of Community Affairs. It was
concluded that the City of Key West would be the applicant. I
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The City of Key West applied for $7,531,497 in Disaster Recovery funding for affbrdable housing (see
attached Resolution, Attachment B). We anticipate the funds will all be used for t,e rehabilitation of
existing affordable housing structures. A Disaster Recovery CDBG Program SUllll1nary is attached
(Attachment C) for you information. I
In order to participate, the Department of Community Affairs requires you enter iJo an Interlocal
Agreement with the City of Key West. A draft interloca1 is attached (Attachment b) for your
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consideration.
Dear Mr. Willi:
/:-..,-~
/,...,> "',/t ,,//
/ /:l'/j/
(/".?,f"
J. Manuel Castillo, Sr.
Executive Director
JMC:cac
Attachments (4)
pc: File
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Housing Authority of the City ofiey West, Florida
1400 Kennedy Drive, Key West, FL 33040
Phone: (305) 296-5621 Fax: (305) 296-0932
Board of Commissioners
Frank Toppino
Bob Dean
Juanita Mingo
John G. Parks, Jr.
Roosevelt Sands, Jr.
Executive Director
J. Manuel Castillo, Sr.
Attachment A
Via Email to:
Monroe County
Cities of:
Key West
Marathon
Key Colony Beach
Layton
Is I amorada
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Dear Sirs: I
We have recently been advised that the State of Florida Department of Comimunity Affairs
(DCA) has allocated $7,531,497.00 of CDBG funds to Monroe County for Disaster Recovery
Activities. This initiative is summarized on the attached file. The DCA pr9posed 2005 Disaster
Recovery Initiative Action plan can be accessed by going http://www.dca.state.fl.us then
Housing & Community Development, then CDBG Disaster Recovery Initiatives, then Proposed
Action Plan.
While details are still sketchy at this time, DCA is indicating there preferende is that only one
governmental entity would apply on behalf of the entire County. The applying governmental
entity would be responsible to coordinate with all other governmental entitiJs.
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With a workshop on June 27, 2006 and an application deadline of August 1$, 2006, it is
important that the applying governmental entity be identified and a strategy Ifor use of the funds
be determined. I
We would suggest a meeting or conference call of all interested entities as soon as possible.
Would you please contact Tina Cater at 305-296-5621 x250 and indicate yo~r preference for a
meeting or conference call and times when you or staff would be available. I
Sincerely, I
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9.~~,S'&. i
J. Manuel Castillo, Sf.
Executive Director
JMC:cac
Attachment B
RESOLUTION NO.
06-'290
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A RESOLUTION OF THE CITY COMMISSION bF
THE CITY OF KEY 'VEST, FLORIdA,
APPROVING THE CITY'S APPLICATION TO THE
FLORIDA DEPARTMENT OF COMMUNIty
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AFFAIRS FOR COMMUNITY DEVELOPME~T
BLOCK GRANT 2005 DISASTER RECOVERY
FUNDS FOR COUNTY-WIDE HOUSING;
AUTHORIZING EXECUTION; PROVIDING FOR
AN EFFECTIVE DATE i
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WHEREAS, the City of Key West is eligible to apply for ~7,531,497.00 in
Community Development Block Grant (CDBG) 2005 Disaster Recove~y funds from the
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Florida Department of Community Affairs (DCA) to maintain safe, decent and sanitary
housing for very-low and low income residents county-wide; and ,
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WHEREAS, the City of Key West will enter into an Interloca~ Agreement with
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other local units of government to permit their residents access to the program; and
WHEREAS, the City desires to secure CDBG grant funding on behalf of very-
low and low income residents county-wide;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY CdMMISSION OF
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THE CITY OF KEY WEST, FLORIDA AS FOLLOWS: I
Section 1: That the City of Key West Community DevelLment Office is
hereby authorized to submit an application for CDBG 2005 Disaster R covery Funds by
the August 18,2006 deadline in the amount of$7,531,497.00.
Section 2:
That the City of Key West Community Develop ent Office shall
administer the program and outsource project delivery.
Section 3: That the Mayor or the City Manager is her~by authorized to
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execute the application documents, subsequent grant agreement($), and interlocal
agreements on behalf of the City of Key West I
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Section 4: That this Resolution shall go into effect imn{ediately upon its
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passage and adoption by the signatures of the presiding officer and the Clerk of the
Commission.
of September
,2006.
Passed and adopted by the City Commission at a meeting held this
n
day
Authenticated by the presiding officer and Clerk of the Conunission on
'1 day of September , 2006.
Filed with the Clerk on Sepremher 7
ATTEST:
,2006.
---~_!.-,-
MORG
C~~~;;TY CLERK
8y
State of Florida
Department of Community Affairs
Disaster Recovery - Monroe County
Federal Funds
Allocation - Geographic Monroe County
Administration
State
Local Jurisdiction
Planning and Delivery Costs
Set Asides - Funding
Affordable Housing - required
Infrastructure or Impacted Businesses - up to
Set Asides - Participants (80% of Median)
Affordable Housing
Infrastructure or Impacted Business (Service Area)
Eligible Activities
Restoration of disaster impacted affordable housing
Restoration of public infrastructure destroyed or damaged
Assistance for displaced or commercially-impacted business
S-pecial Consideration
Elded y
People with disabilities
Farmworkers
Homeless
Persons living in poverty
Contract (State and Local Government)
Timeframe for Completion
Application and Contract
Application Submitted
Contract
Prohibitions
Attachment C
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C~G/Disaster Recovery
$7,':'31,497.00
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2~
3~
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lOt
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70~
30 I
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1O~%
51%
2 y~ars
4 years
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Au~~st 13,2006
Decrmber,2006
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