Item G14 Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Monday, September 9, 2024 11:58 AM
To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock;
Senior Management Team and Aides; Liz Yongue; InternalAudit; Hunt-Kacey
Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne;
Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley-Christine; Rosch-
Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Valcheva-Svilena; Beyers-John;
Powell-Barbara
Subject: Add On item G14 BOCC 09/11/2024
Attachments: 2021_ILA.pdf, 2021_ILA-First_Amendment.pdf, 2022_ILA-
Second_Amended_and_Restated.pdf, 2022_ILA-Third_Amended_and_Restated.pdf;
2024_ILA-Forth_Amendment (1).docx; AIS 3033 G14.pdf
Importance: High
Good Morning,
Please be advised,the following Add On Item is set for inclusion day-of meeting prior to the approval of the Agenda:
"Approval ofFourth 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. "
The Agenda Item Summary is attached.Once approved,this will be considered Add On Item G14.
Sincerely,
Executive Administrator
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4441 (Office)
(305)850-8694(Cell)
Courier Stop#1
Notary Public
w.r o n r y e c_ u�n1y:�:V_e.gpy
gqjz..- Y .�.. _rn nroecou�_n�.Y..-.�..:. .Y.
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS
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1
G14
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
September 11, 2024
Agenda Item Number: G14
2023-3033
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley
9:25 AM
AGENDA ITEM WORDING:
Approval of Fourth 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 second amendment to the ILA was approved on June 15, 2022, to allow the MCLA to administer
FEMA funded programs.
This third amendment to the ILA was approved on September 21, 2022 to amended the process by
which MCLA may be reimbursed for staff time spent to assist with the administration and oversight of
the VHBO.
The fourth amendment to the ILA moves the Hazard Mitigation Grant Program(HMGP)Acquisition
and Demolition and Flood Mitigation Assistance(FMA)Acquisition and Demolition; Elevation
1
Programs back to County Administration. This program has been slow to implement with the State and
FEMA reviewing the grant applications. Moving this to the Sustainability Department will allow the
current employee to assist the Sustainability Department in implementing the many grants they are
currently managing. Further, the Army Corp Study recommends over 4,000 elevations of private
homes and therefore, having these programs together for administering them makes the most sense.
Finally, Mike Lalbachan has been successful in working to find qualified contractors to assist
homeowners in developing budgets for the potential projects and one of them has relocated to the Keys.
So, the problem with not having any qualified"lifting" contractors in our County should be solved.
We've been working hand in hand with Fair Insurance Rates for Monroe (FIRM) on this. FIRM has
been a vital partner and they have now listed the contractors willing to assist homeowners in these
applications on their website. Keyswide Home Elevation Education Project m FIRM (firmkeys.org)
PREVIOUS RELEVANT BOCC ACTION:
On September 21, 2022 the Board approved the Third 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 G.1. and
H.5.)
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 approved 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.)
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
2024 ILA-Forth A end ent.docx
2
2022 ILA-Third Amended and Restated.pdf
2022 ILA-Second Amended and Restated.pdf
2021 ILA-First Amendment.PDF
2021 ILA.pdf
FINANCIAL IMPACT:
N/A
3
FORTH 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 FORTH AMENDED AND RESTATED INTERLOCAL
AGREEMENT is made and entered into this day of September 2024 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").
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; June 15, 2022; and September 21, 2024; and
WHEREAS, MCLA and the BOCC wish to enter into this 4th Amended and
Restated Interlocal Agreement,transferring the Hazard Mitigation Grant Program(HMGP)
Acquisition and Demolition and Flood Mitigation Assistance (FMA) Acquisition and
Demolition; Elevation Programs back to County Administration.
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 Third Amended and Restated Interlocal Agreement
between MCLA and BOCC dated September 21, 2022, is hereby repealed, and replaced
by this Forth Amended and Restated Interlocal Agreement.
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
Page I of
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:
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.
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. 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
Page 2 of
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.
VI. 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 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
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
Page 3 of
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 reimburse those reimbursable expenses that are reviewed and
approved as complying with any and all grant agreements.
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); and CDBG-DR.
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.
Page 4 of
STAFFING: POSITION NUMBERS:
Land Steward GMGM-005
Acquisition Manager GMPLN-032
The positions listed above will be managed by and report to the MCLA Executive
Director, according to the BOCC adopted Personnel Policies and Procedures (PPP), as
may be amended from time to time, as well as the Career Service Council Act and
corresponding rules and regulations. In the case of any suspension, discharge, reduction
in pay, or demotion of such employees,the Executive Director shall be required to obtain
County Administrator approval with a review by the Employee Services Director and
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 two (2) 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 MCLA will transfer
vehicle 1001/9384 vehicle to the BOCC.
SECTION 9 - MISCELLANEOUS:
L Modifications to this Agreement shall be valid only when reduced to writing and
duly signed by all parties. If any term or provision of this Agreement shall be
invalid or unenforceable to any extent, the parties agree to comply with the
remaining terms and provisions, unless compliance with the remaining terms and
provisions would prevent the accomplishment of the original intent of the
agreement between the parties. Either party may terminate this Agreement at any
time, with or without cause. Termination shall take effect upon receipt of written
notification by a parry to the other parry.
H. 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 parry shall be delivered as follows:
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
Monroe County Attorney
1111 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 upon
execution by all parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their officials thereto duly authorized.
(Seal)
KEVIN MADOK, CLERK MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
By: By:
Page 6 of
As Deputy Clerk Mayor Holly Raschein
APPROVED FOR FORM AND LEGAL
SUFFICIENCY FOR RELIANCE BY THE
MONROE COUNTY B.O.C.C. ONLY:
By:
Robert B. Shillinger, County Attorney
(Seal) MONROE COUNTY
COMPREHENSIVE PLAN
LAND AUTHORITY
By: Date:
Christine Hurley, Executive Director David P. Rice, Chairman
APPROVED FOR LEGAL SUFFICIENCY:
By:
Gregory S. Oropeza, Esquire
Page 7 of
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, TiIEREFORE, 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 - Dov'rIO : 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 for 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 and
approved as complying with any and all grant agreements.
E. After the Clerk oath BOCC examines and approves the request for reimbursement,
.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.
c� .
Z
IN MADOK, CLERK MONROE COUNTY BOARD OF
o�AF COUNTY COMMISSIONERS
By: By:
As Deputy 04erk vI Mayor David PAFrice
APPROVED FOR FORM AND LEGAL
SUFFICIENCY FOR RELIANCE BY THE ,
MONROE COUNTY B.O.C.C. ONLY:
Digitally signed by Hobert B.5hALnger
DN.cn=Robert B.Shillinger,o-Monroe County BOCC.
Robert B. S h i I I i n g e r"-.ou=Monroe County'ttamey.email=sl,lilinger- ..
—Kati9 m—nmecounty-R.gov,c=USBy: 41
Dale:2022.09.2612:35:25-04'00'
N.h1,.
1''' ""' Robert B. Shillinger, County Attorney E� =
1 —
/7
I) MONROE COUNTY
COMPREHENSIVE PLAN
-; LAND AUTHORITY
By: V"l Date: r -
Christine Hurley, E ecutiv. Director David P. Rice, Chairman
APPROVED FOR LEGAL SUFFICIENCY:
Gregory S. Oropeza, Esquire
Page 7 of 7
GV�S COURTq c
Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller— Monroe Count Florida
o p Y,
E cOVN
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
fl
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
COURT,,-
O`.''6,JY cuic6p.'•'�jq., Kevin Madok., cPA
'•O
�o ........ Clerk of the Circuit Court&Comptroller—Monroe County, Florida
~RDE cooNty
DATE: October 1, 2021
TO: Christine Hurley
Executive Director
ATTN: Dina Garnbuzza
Office Manager
FROM: Pamela G. Hanco&C.
SUBJECT: September 15'h BOCC Meeting
Enclosed is an electronic copy of the following item for your handling:
G1 1st Amendment to die Interlocal Agreement between Monroe County Land
Authority (MCLA) and die Board of County Commissioners of Monroe County for
reimbursement of staff time spent on grant programs managed by MCLA.
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
FIRST AMENDMENT TO 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 FIRST AMENDMENT is made and entered into this 15th day of
September,2021 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").
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 wish to enter into this First Amendment to the
interlocal agreement by amending Section 3 of said document, to provide for
reimbursement of staff time spent on the grant management programs;
NOW, THEREFORE, in consideration of the terms, conditions and covenants
hereinafter provided, the Parties agree as follows:
SECTION I -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
October 19, 2016, is hereby repealed, and replaced by this interlocal agreement. This
agreement shall have a phased implementation. Starting on August 22,2021,the MCLA
shall be authorized to begin implementation and management of the programs set forth
in Section 3 along with access and use of the vehicle set forth in Section 8, herein. The
remainder of this agreement shall become effective as of October 1, 2021. This
agreement shall terminate upon termination of the Florida Keys Area of Critical State
Concern designation, unless terminated earlier according to the terms of this agreement.
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
Page 1 of'7
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 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. The program was established by BOCC Resolution 175-
2018 and amended by BOCC Resolutions 438-2018 and 063-2020.
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.
III. 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 needs to be formally established
with criteria and processes as provided for in F.S. 125.35(3). The BOCC has
previously approved of offering eleven Duck Key lots for sale through
Resolutions 379-2019 and 122-2021; neither resolution contemplated or
authorized further dispositions.
IV. Conservation Land Stewardship Program: This is a program to manage
conservation lands using the Monroe County Environmental Land Management
and Restoration Fund (Fund 160, aka MCELMRF), a non-ad valorem fund
established pursuant to BOCC Resolution 112-2004 and BOCC Resolution I 1I-
2010. 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.
V. 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.
VI. Hazard Mitigation Grant Program (HMGP) Acquisition and Demolition: This is
a program to purchase and demolish improved properties that were damaged
Page 2 of'7
during Hurricane Irma, to acquire the associated ROGO exemption, and to
maintain the acquired properties as open space. The BOCC authorized submitting
a grant application for this program on July 18, 2018 (Item D-4).
VII. Flood Mitigation Assistance (FMA) Acquisition and Demolition: This is a
program to purchase and demolish improved properties that were damaged during
Hurricane Irma or other flood events,to acquire the associated ROGO exemption,
and to maintain the acquired properties as open space. The BOCC authorized
submitting a grant application for this program on May 19, 2021 (Item K-6).
VH1. 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.
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 by providing associated
services needed to fulfill the Subrecipient Agreement responsibilities in
implementation of the VHBO Program including but not limited to developing
procedures, assisting with procurement, underwriting administration, deed
restriction development, real estate instrument development, title reviews,
recording, etc.
B. In accordance with the ILA and this Amendment, MCLA agrees to assist the
County in implementation of the programs listed in Section 3 of the Interlocal by
providing services needed to fulfil grant administration.
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.
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.
Page 3 47
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.
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,
!'age 4 oi'7
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
New FTE Land Steward Employee T13D
Acquisition Manager GMPLN-032
Mitigation Administrator GMBLG-053
The positions listed above will be managed by and report to the MCLA Executive
Director, according to the BOCC adopted Personnel Policies and Procedures (PPP), as
may be amended from time to time, as well as the Career Service Council Act and
corresponding rules and regulations. In the case of any suspension, discharge,reduction
in pay,or demotion of such employees,the Executive Director shall be required to obtain
County Administrator approval with a review by the Employee Services Director and
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.
Page 5 of'7
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 provide the
Executive Director with use of the 1001/9384 vehicle. The vehicle covered in this
interlocal agreement will be maintained by the County fleet management and included
in the replacement program, which provides benefits, such as, bulk purchasing. The
MCLA will pay the county's annual maintenance, repair, and replacement cost of the
vehicle, estimated by the budget office by invoice.
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.
II. 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 1112th 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
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed
by their officials thereto duly authorized.
�2t `rJ
KEVIN MADOK,CLERK MONROE COUNTY BOARD OF
COUNTY COM _
By:( By:
As Deputy Clerk Mayor Michelle Coldiron
tau rt nroq�y r MONROE COUNTY ATTORNEY
/�! PPR�yEO AS TD FDAA1:
LYl"2`/��rD T ���
CHRIS17NE LIMBERT•BARROWS
ASSISTANT COUNTY ATTORNEY
DATE 9/29/21
MONROE COUNTY
COMPREHENSIVE PLAN
LAND AUTHORITY
By: - - �`�' � Date:
Charles G. Pattison, Executive Director David P. Rice,Chairman
APPROVED FOR LEGAL SUFFICIENCY:
By: )--2 s�`--
Gregory S. Oropeza, Esquire .
=E = M
—� N
� ^r
1':wc 7 it 7
CAT r+
Kevin Madok, CPA
Monroe n
Clerk of the Circuit Court&Comptroller— o oe County, Florida
DATE: July 30, 2021
TO: Emily Schemper
Planning & Environmental
FROM: Sally M. Abrams, D.C.
SUBJECT: July 21" BOCC Meeting
Attached, for your handling, is an electronic copy of K12, an interlocal agreement
between Monroe County Land Authority (MCLA) and Monroe County (MC) authorizing
the MCLA to manage 5 MC employees and MC acquisition programs including: Density
Reduction Program, Less than Fee Program, Habitat Restoration Program, Re-sale of vacant
Density Reduction lots without Development Rights, the CDBG-DR Voluntary Home Buyout,
and the HMGP-Buyout programs; and repealing the prior interlocal agreement dated October 19,
2016.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
50OWhitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 high Point Read
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 330,
305-294-4641 305-289-6027 305-852-7145 305-852-7145
INTERLOCAL AGREEM EN" BETWEEN THE MONROE COUNTY LAND AUTHORITY
AND THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY REGARDING
THE ADMINISTRATION OF LAND ACQUISITION PROGRAMS
This Interlocal Agreement ("Agrcement") is made and entered into this 2 1 st day ofJuly, 202 1, by
and between the Board of County Conit-nissioners of Monroe (-ounty, Florida ("BOCC-) and the Monroe
County Comprehensive Plan I,,and Authority ("MCI-A").
WHEREAS,the State of Florida through the Florida Keys Area Protection Act has identified, the
State's intent to ensure that the population ofthe Florida Keys can be safely evacuated in the event c4'a
hurricane and has designated the Florida Keys as an Areas of Critical State Concern. F.S.380.0552.
("'Keys ACSC-); and
WHEREAS, the State of Florida has, provided that ttle land autl1ority may acquire and dispose of
real properly Or an), interest therein when such acquisition is necessary or appropriate to prevent or satisfy
the purposes and provisions of its governing act, including conservation(natural: environs en( and wildlife
habitat), recreation, affordable housing, and private property rights claims reSUlting frorn litilitations
finposed by the designation ofan area of critical state concern. F.S.380.0666(3);and
WHEREAS, Monroe County has adopted such an ordinance creating Monroe COL111ty
Comprehensive Plan band! Authority ("MCL.,A") and granting it the power to do any and all things
necessary or convenient to,carry OUI the purposes of such an ordinance. Monroe County Code Sec. 2-397;
2-398,- and
WHEREAS, Monroe County has adopted a Rate of'Growth Ordinance("ROGO"), as set forth in
Chapter 138 of"the Monroe County [,,and Development Code, with the stated purpose of protecting the
residents, visitors, and property in the COLInty from natural disasters, specifically including hurricanes by
limilting the annual amount and rate of residential development conirnensurate with the counity's ability to
maintain a reasonable and safe hurricane evacuation clearance tinge; and
WHEREAS, ROGO pernlit allocations are Currently limited, by rule promulgated by the Florida
Administrative Code Bole 28-201.140, to 197 permits per year for Monroe COL1,11ty with: an anticipated
build out of all available permits for the Florida Keys by tile year 2023;
WHEREAS, M0nrOC COL111ty amended its Comprehensive Plan to extend that date to 2026 by
slowing the distribution rates of ROGO permits as set forth in F A.C- 28-20.1,40,and
WHEREAS. ROGO is iniplernented, through a tier system whereby real properly is divided into
three tiers establishing criteria for the evaluation of real property for the building permit application
process %vithin Monroe County, 'I'lle most highly developable infill properties are designated as 'Fier III
properties. Monroe County Code Sec. 1;1 3 8-28-1 and
WHEREAS, there are currently approximately 8,0001 undeveloped, piivatcly owned parcels, with
over 3,000 Of these Undeveloped, privately Owned parcels designated as -rier III properties in Monroe
County; and
WHEREAS, ClUe to [lie limitations oil the number of ROGO allocations imposed by (he State of
Florida, Monroe County may be unable to issue residential building pernifts for all oaf the undeveloped
privately owned parcels, in Monroe County;and
Page 1 of 7
WHEREAS, in order to reduce tile potential liability of Monroe County for property rights
claims and to address the corresponding potential impacts on the County's hurricane evacuation clearance
finles, the BOCC desires to implement as many acquisition i programs as possible to offset the risk of
potential property rights claims'- and
WHEREAS, BOCC has:
A. Created the Less TImn Fee Acquisition Prograim;
B. Created the Density Reduction Program by implementing Fund 316 for Acquisition;
C. Autilorized the resale of cup to eleven (11: 1) lots acquilred under the Density Reduction
Program with deed restrictions that stripped ability of owner to apply for a rate of growth
ordinance (ROGO)allocation;
D. Supported land maintenance,of conservation lands including coordination of land
maintenance of vacant county owned land from the Monroe COUnty Environmental Land
Management and Restoration Fund (I"und 160, aka MCELMR17, a non-ad valorem: fund);
E. Supported acquisition programs related to grant funding received by the COUIlty
including but not limited to:
a. Community Development Block Grant(CDBG)
b. Hazard Mitigation Grant Prograni(HMGP)(currently in application with
FDEM)
C. Flood Mitigation Assistance(FMA) program: (currently developing applications);
As well as
F. AL111101'imd Couility and MCLA staff to coordinate witil State Department of
Fnvironmental protection (DEP) and Deparfillem of Economic OppOrtUnity (DEO) on
Florida Forever project properties by 2017 MernorandLUM of Agreement and
Confidentiality Acknowledgement for the Florida Forever Keys Projects, located in
Monroe County,as arnended for the 2 nd tittle on May 20,2020;and
WHEREAS, the BOCC would like to create a prograni to forniallize the disposition of Density
Reduction Lots, N,vithout development rights, and would like MCC A staff to help, create and administer
that program;and
WHEREAS, the, BO,CC also desires to,continue to work cooperatively with the DEf) to purchase
Florida Forever Properties in tile Florida Keys foi- the purposes of preserving envirollmentallY sensitive
lands and for the purposes of reducing the State and County's potential exposure to property rights
claims; and
NOW THEREFORE.,the parties agree as follows:
SECTION I - RECITAI.,S: 'Tile above recitals are If'Lie and correct and: are incorporated herein by
relerence, The parties intend for this Agreement to address program adn'linistration of acquisition
programs described belo�w.
SECTION 2 - ADOPTION: ']'he interlocal agreement bet"feen MCC A and BOCC dated October
19, 2016, is hereby repeated and replaced by this interlocal agreement. This agreement shall have
as phased inipleimentation. Starting oil August 22, 2021, the MCLA shall, be authorized to begin
Page 2 of 7
implementation and management of the programs set forth in Section 3 along with access and
USC of the vehicle set forth in Section 8, herein. The remainder of this agreement shall: become
effective as of October 1, 2021. This agreement shall terminate upon termination of the I'lorida
Keys Area of Critical State Concern designation, unless terminated earlier according to, the ternis
of this agreement.
SECTION 3 - PROGRAMMING:" MCLA's administration will inClUde grant management of the
BOCC programs outlined below (hereinafter [lie -Programs"), including, bL11 111ot lirnited too seller and/or
buyer coordination- negotiating purchase and sale agreements; ordering due diligence products on behalf
of the BOCC, including but nol limited to appraisals. boundary surveys, environmental assessments and
any other inspect ions required in order to facilitate the BOCC*s acquisition,and ordering closing set-vices,
title corninitments, 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 lirnited to agenda items requiring BOC'C approval. MC LA staff shall coordinate with
BOCC staff as to placement on the appropriate segment of the BOCC portion of the agenda. 1-ands,
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 nianagernent as
conservation land. Otherwise, the BOCC agrees to maintain the acquired properties and MCLA's
adimirdstration shall include coordinating with BOCC stalT (Facilities Maintenance or Project
Management) regarding maintenance activities such as mowing,trash removal,etc. when needed.
PROGRAMS:
T. Less I'liag F" i iti n
Lens..................................................g!LAM.�i............2 _Pjo gqip 'this is a less than, fee acquisition progra m_&-_j:
to retire the rights to build dwelling units where the subject lot is owned by the
adjoining homeowner. The prograrn was established by BOCC Resolution 175,-
2018 and amended by BOCC Resolutions 438-2018 and 06 -20:2Cl.
If. Detis_i�Redt�ictjon A�uisitigi Pro a ii: This is a fee simple acquisition program
gjrL_L i
for those lots that are not suited for nidnagen'ient as conservation land. The
program was established to retire the rights to build dwelling units on said lots
pursuant to the 301 Interlocal; Agreement between MCLA and the BOC(',.
L-)g1sity Reduction Resale ProgEgm: A prograni to resell Density Reduction Lots
(lots not suited for management as conservation land) subject to deed restrictions
prohibiting development with dwelling units needs to be formally established
with criteria and processes as provided for in F'.S. 125.35(3). ']'lie Board has
previously approved of offering eleven Duck Key lots for sale through
Resolutions 379-2019 and 122-20211- neither resolution contemplated or
authorized further dispositions.
IV. Conservation Land Stmardshi graqi: ']'his is a program to manage
conservation lands using the Monroe County Environmental Land Management
and Resloration Fund (Fund 160, aka MCELMRF), a non-ad valorern ffind
established pursuant to BO:CC ReSOIL[61011 112,2004 and BOCC Resolution I I I-
201 Cl. Said lands consist of conservation lands owned by the BOCC,
conservation lands leased to the BOCC by the Board of"'I'rustees of the Internal
Page 3 of 7
1ullprOVC111C111 Trust fund c')f the State (,)I' Florida, and conservation lands owned
by MCLA.
V. Corrimunity Development Block Grant - Disaster- Rec.ov,M (CDBG-DR)
Yoluntary I lome Buyout Program: This is a program to purchase and demolish
improved properties that were darnAged during Hurricane Irma andto acquire the
associated ROGO exemptions pursuant to BOCC Resolution 150-2020, thereby
amended oil March 17. 20121. Properties acquired under this program must be
maintained for open space, recreation,or stormwater niallagernent.
V1. Ha-4,a,,ad-.,Mjtj>ion E� i).�) - q, i i,g Cj _�L_qL_ .!Lgnd Demolition: '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 propenies as open, space. The BBC C authorized
submitting a grant application for this program Oil July 18,2018 (Item D-4),
V11. Flpod.-Mitigatiotl Assistance (FM'A),, Ac"luisition and, Demolition: This is a
program to purchase and demolish improved properties that were darnaged
during Hurricane Irma or other flood events, to acquire the associated ROGO
exeniption, and to maintain the acquired properties as open space. The BOCC
authorized submitting a grant application I-or this program on May 19,2021 (Item
K-6).
V111. Florida Forevei Prp anj: MCLA will coordinate with Florida Department of
............................................................................................... ............. gL_
Environmental Protection (DEP) and Department of Econornic Opportunity
(DEO) regarding the State's acquisition of property 'within Florida Forever
projects. MCLA will serve as the 130(',V's agent in implementing the 2017
Memorandum of Agreement, as subsequently anlended, between Monroe County
and the Board of Trustees; of tile Internal Improvement ]rust FUnd of tile State of
Florida and will assist DEP in identifying willing sellers within Florida Forever
pr(,��ects. Nothing in this agreenient shall prevent the MCLA froni working
cooperatively with t1le DEP on, acquisitions of qualifying properties under the
existing statutes, regulations, and ordinances, governing land acquisitions by both
entities.
sEcrION 4 - FINANCANG: The BOCC Will C0111illUe to has the financial services and funding
(including, but rl()t hIllited To. budgeting, purchasing/bids/procurement, paytileilit to venclors and
applicants, and auditing) for the Programs referenced above. The currem funds include- Fund 316
Acquisition Fund; Fund 160: Monroe County L'Invironmental Land Managenient and Restoration, Fund
(NICELMRA"), CI. B(;-DR; HM(;P; and FMA.. The Clerk of the Court will continue to issue vendor
payments. and BOCC FTE payroll. The Clerk will maintain Board financial statements including annual
single audit report and audit ftinctioll Of BOCC
SEC"TION 5— EMPLOYMENT: The positions referenced below will be BOCCI payroll positions and to
the extent not funded by the referenced grants, will be funded by the BOCC, as long as time persons
currently within the positions remain employed in that position. Such funding shall include all ailliciltary
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,,
MC LA EXeCUtive Director, to tile extent possible, Nvill bill the grant Programs, for time expended by the
Page 4 of 7
MCLA Executive Director, When grant frinds 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 NLJMBERS:
Land Steward G1wF1GM-005,
[,and Steward Assistant GMENV-020
New FTE Land Steward Employee TBD
Acquisition Manager GMPL,N-032
Mitigation Adniinistrator GMBL,G-053
The positions listed above will be rnanagyd by and report to the MCLA Executive Director, according to
tile BOCC adopted Personnel Policies and Procedures (PPP), as tilay be arnerided frorn time to time, as
well as the Career Service Council Act and corresponding rules and regulations. In the case of ally
Suspension, discharge, reduction in: pay, or dernotion of such eiriployees, the Executive Director shall be
required to obtain Counity Adininistrator approval with a review by the Ernployee Services Director and
County Attorney to assure the Executive Director followed tile PPP.
SECT ION 6:
Any new positions that will be added will be MCLA positions. If, at any time, arty 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 eniployee, and M'CLA will be the
employer for all purposes for that position. In this case, the pat-ties will work in good faith to ainerld this
agreement to Fund the position appropriate to the progratri,
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 indeninify and hold harmless the BOCC for
any and all, etirployment claims filed by the employee arising out of the employment, including but not
limited to: workers' compensation; unernploynient; and any clairns arising out of federal, state or local
laws including but not limited to alleged violations of Arnericans with Disabilities Act as amended, Title
"ill, and Section 504 of the Rehabilitation Act of 1973, to the extent the costs of such clainis exceed any
insurance coverage provided to the MCLA through tile County. The term "claim" shall include liability
or potential liability for wages and all, other forms of darnages,as well as attorneys' fees and costs.
As long as B(.),(.'C funded employees are assi�gned work under the MCLA Pursuant to this Section. the
parties shall review this section no later than July I of each year to deteriume if any BOCC funded
positions Should be transitioned to the MCLA. The parties shall work cooperatively to seek any
legislative changes to (1I:e MCLA enatfling statute and/or ordinance that are necessary to fornialize tile
transfer of the BOCC funded positions and prograrns,to the MCLA.
SECTION 7 - CIS SERVICES. The BOCC will provide GIS services related to ]and acquisition, and':
access and maintenance of related (JIS layers. In addition, the BOCC will continue to support and
provide access to systetils, files, and data bases to support tile Programs, including but not limited to
Alchemy,Community PLUS, county data servers and File directories. and permitting so,ftware platforms.
SECTION 8 - EXECUTIVE DIRECTOR VEHICLE: "I'lie BOCC will provide the Executive Director
With use of the 100 1/9384 vehicle. The vehicle covered in this interlocal agreellient will be maintained by
the Counly fleet manak�erncnt and included in the replacement program, which provides benefits, such as,
Page 5 of 7
bulk purchasing. The MCLA will pay the county's annual maintenance, repair, and, replaceinent cost of
the vehicle,estimated lay the budget office by invoice.
SECTION 9- MISCELLANEOUS:
A. Modifications to this Agreernent shall be valid only when reduced to writing and duly
signed by all parties. If any term or provision of this Agreement shall be invali'd or
unenforceable to any extent, the parties agree to cornply with the rernaining terms and
PrMiSiMIS, LMICSS cornpliance with the remaining terms and provisions would prevent the
acconiplisfinient of the original intent ofthe agreenient between the parties. Either party
rimy terminate, this Agreement at any tune, with or without cause. Terrnination shall take
effect upon receipt of4ritten notification by a pally to the other party.
B. Notification under this Agreement shall be made by hand delivery, U.S. certified inail,
return, receipt rcrIucsted, or an express rnail with prool'of delivery. Notification by a party
shall be delivered as follows:
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
Monroe County Attorney
111 1: 1 12'r' Street,Suite 408
Key West, FL 33040
Monroe County Comprehensive Plan Land Authority Executive Director
1200 'Truman Ave., Suite 207
Key West, FL 33040
Gregory S. Oropeza, Esquire
Attorney for Monroe County Coniprehensive Plan [,and Authority
221 Sirnonton Street
Key West, Ft., 33040
[The reniainder of this page is intentionally blank]
Page 6 of 7
WITNESS WHEREOF. the parties hereto IIaVe caused this Agreement to be executed by their
thereto duly authorized.
s
F
a
EVIN MADOK.CLERK MON ROE COUNTY BOARD OF
COUNTY COMMISSIONERS
1
By: By:
As Deputy 1 rlc Michelle Coldiron. Mayor
A 'Pj%, Approved for legal sufficiency for reliance by the County Commission only.
a Robert B. Shillinger, County Attorney
:L Dignally sryned 6y Robert B.Shillmger
Robert B. 5 h i l l i n g e r n N cn=Robcri B Shrllrnger,—Mon—Coun[y MCC,u=Monroe County Attorney,email=shillingcr-
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Date:2021.07 23 15 NOS-114'OT
MONROE COUNTY
COMPREHENSIVE PLAN
r`*'�.r.�.,.•y,,� LAND AUTHORITY
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By: By:
Charles G. P(a�ttison, Execulive Director David P. Rice-Chairman
i�PPRIOVED FOR LEGAL SUFFICIENCY: •-
By:
Gregory S.Ontpeca, Esq.
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Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Monday, September 9, 2024 1:31 PM
To: Liz Yongue
Subject: FW: Add On item G14 BOCC 09/11/2024
Attachments: 2024 ILA-Fourth Amendment_Revised.pdf
From: Gambuzza-Dina <Gambuzza-Dina@MonroeCounty-FL.Gov>
Sent: Monday, September 9, 2024 1:18 PM
To: Gomez-Krystal <Gomez-Krystal@ Mon roeCounty-FL.Gov>
Cc: Koconis-Ed <Koconis-Ed@MonroeCounty-FL.Gov>
Subject: RE:Add On item G14 BOCC 09/11/2024
Hello Krystal,
Attached is the Revised I nterlocal Agreement correcting"Forth"to"Fourth".
Please replace the first attachment in items 3033 and 3034 with the attachment in this email.
Thankyou Ed for catching the typos!
Regards,
Dina Gambuzza
Property Specialist
Monroe County Land Authority
1200 Truman Avenue,Suite 207
Key West,FL 33040
Ph: (305) 295-5182;Fx: (305)295-5181
Mail stop: 5B
gambuzza-dina@monroecounty_fl.gov
Florida has a very broad public records law. Most written communications to or from the County regarding County
business are public record,available to the public and media upon request. Your e-mail communication may be subject to
public disclosure.
Please consider the environment before printing this email
From: Gomez-Krystal <Gomez-Krystal@ Mon roeCounty-FL.Gov>
Sent: Monday, September 9, 2024 1:03 PM
To: Gambuzza-Dina <Gambuzza-Dina@MonroeCounty-FL.Gov>
Cc: Koconis-Ed <Koconis-Ed@MonroeCounty-FL.Gov>
Subject: FW:Add On item G14 BOCC 09/11/2024
1
From: Koconis-Ed <Koconis-Ed@MonroeCounty-FL.Gov>
Sent: Monday, September 9, 2024 12:57 PM
To: Gomez-Krystal <Gomez-Krystal@ Mon roeCounty-FL.Gov>
Subject: RE:Add On item G14 BOCC 09/11/2024
Krystal,
The Word document repeatedly states "forth" instead of"fourth".
Ed Koconis, AICP
Administrative Director
Monroe County BOCC
(305) 395-8765
From: Gomez-Krystal <Gomez-Krystal@ Mon roeCounty-FL.Gov>
Sent: Monday, September 9, 2024 11:58 AM
To: Ballard-Lindsey<Ballard-Lindsey@ Mon roeCounty-FL.Gov>; County Commissioners and Aides
<County Commissioners2@monroecounty-fl.gov>; Kevin Madok<kmadok@ Mon roe-Clerk.Com>; Pamela G. Hancock
<phancock@monroe-clerk.com>; Senior Management Team and Aides
<Senior Management Team and Aides@ Mon roecounty-fl.gov>; Liz Yongue<eyongue@monroe-clerk.com>;
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Subject:Add On item G14 BOCC 09/11/2024
Importance: High
Good Morning,
Please be advised,the following Add On Item is set for inclusion day-of meeting prior to the approval of the Agenda:
"Approval ofFourth 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. "
The Agenda Item Summary is attached.Once approved,this will be considered Add On Item G14.
Sincerely,
Executive Administrator
Monroe County Administrator's Office
2
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4441 (Office)
(305)850-8694(Cell)
Courier Stop#1
Notary Public
vier o n rye c_ u�n jy-�:V_e.gpy
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS
ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE.
3
FOURTH 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 FOURTH AMENDED AND RESTATED INTERLOCAL
AGREEMENT is made and entered into this day of September 2024 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").
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; June 15, 2022; and September 21, 2022; and
WHEREAS, MCLA and the BOCC wish to enter into this 4th Amended and
Restated Interlocal Agreement,transferring the Hazard Mitigation Grant Program(HMGP)
Acquisition and Demolition and Flood Mitigation Assistance (FMA) Acquisition and
Demolition; Elevation Programs back to County Administration.
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 Third Amended and Restated Interlocal Agreement
between MCLA and BOCC dated September 21, 2022, is hereby repealed, and replaced
by this Fourth Amended and Restated Interlocal Agreement.
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:
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.
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. 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.
VI. 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 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
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
flage 3 of"7
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 reimburse those reimbursable expenses that are reviewed and
approved as complying with any and all grant agreements.
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); and CDBG-DR.
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
Acquisition Manager GMPLN-032
The positions listed above will be managed by and report to the MCLA Executive
Director, according to the BOCC adopted Personnel Policies and Procedures (PPP), as
may be amended from time to time, as well as the Career Service Council Act and
corresponding rules and regulations. In the case of any suspension, discharge,reduction
in pay, or demotion of such employees,the Executive Director shall be required to obtain
County Administrator approval with a review by the Employee Services Director and
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 two (2) 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 MCLA will transfer
vehicle 1001/9384 vehicle to the BOCC.
flage 5 of"7
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 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.
H. 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 parry shall be delivered as follows:
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
Monroe County Attorney
1111 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 upon
execution by all parties.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed
by their officials thereto duly authorized.
(Seal)
KEVIN MADOK, CLERK MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
By: By:
As Deputy Clerk Mayor Holly Raschein
APPROVED FOR FORM AND LEGAL
SUFFICIENCY FOR RELIANCE BY THE
MONROE COUNTY B.O.C.C. ONLY:
By:
Robert B. Shillinger, County Attorney
(Seal) MONROE COUNTY
COMPREHENSIVE PLAN
LAND AUTHORITY
By: Date:
Christine Hurley, Executive Director David P. Rice, Chairman
APPROVED FOR LEGAL SUFFICIENCY:
By:
Gregory S. Oropeza, Esquire