HomeMy WebLinkAbout2. 6th Amendment 10/15/2025 GVS COURTq°
o: A Kevin Madok, CPA
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�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
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DATE: October 17, 2025
TO: Cynthia Guerra, Acting Executive Director
Land Authority
FROM: Liz Yongue, Deputy Clerk
SUBJECT: October 15, 2025 BOCC Meeting
The following item has been executed and added to the record:
F2/G9 6th 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.
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
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
SIXTH 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 SIXTH AMENDED AND RESTATED INTERLOCAL AGREEMENT
is made and entered into this 15's day of October 2025 by and between the
MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter
"MCLA")and the BOARD OF COUNTY COMMISSIONERS, 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; September 21, 2022, September 11, 2024, and November 19,
2024;and
WHEREAS, MCLA and the BOCC wish to add a Non-Conservation Land
Management Program to the Administration of Land Acquisition Programs("ILA");and
WHEREAS, MCLA and the BOCC can eliminate the administration of the
Voluntary Home Buyout Program from the ILA as that grant-funded program concluded
in June 2025.
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 Fifth Amended and Restated Interlocal Agreement
between MCLA and BOCC dated November 19, 2024, is hereby repealed,and replaced
by this Sixth Amended and Restated Interlocal Agreement.
SECTION 3 - PROGRAMMING: MCLA's administration will include 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
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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 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, and other land management activities pursuant to Program V below
for non-conservation land acquired under said Programs. As applicable,county funding
sources are identified with their corresponding Programs in the list below. With the
exception of Fund 160 used for conservation land management, the funds listed below
are typically annual general fund allocations assigned to fund account numbers that may
change from time to time.
PROGRAMS:
I. Less Than Fee Acquisition Progorn; 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.BOCC Fund 316 Acquisition Fund is used to support this program.
H. DellsilX 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.
BOCC Fund 316 Acquisition Fund is used to support this program.
in. This is a program to resell Density
Reduction Lots(lots not suited for management as conservation land) subject to
deed restrictions prohibiting development with dwelling units. Any proceeds
realized from a resale are directed to BOCC Fund 316 Acquisition Fund to
further support this program.
IV. Conservation Land Stewardshill Progm= This is a program to manage
conservation lands using the Monroe County Environmental Land Management
and Restoration Fund (BOCC 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.
V. Non-conservation Land Management Program This is a program to maintain
non-conservation land in County ownership using BOCC Fund 148, Cost Center
52040 for Non-Conservation Land Management. Through the implementation
of various land acquisition programs, the county has acquired land that is not
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held or managed for conservation purposes. These parcels are not assigned to
any particular county department for oversight. MCLA worked with the County
Administrator's Office to create and fund a program to cover personnel,supplies
and other costs associated with the oversight of non-conservation county-owned
parcels.
VI. Florida Forever Prom-am: 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.BOCC Fund 316 Acquisition Fund is used to support this program.
VII. Code Compliance Foreclosure Lot Coordination: After the BOCC 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. BOCC Fund 100 for Affordable
Housing Programs is available to support MCLA management or maintenance
of the acquired lots as needed.
VRI. Tourism-Based Sector Em to ee Housing Program: Monroe County has
successfully identified 35M of surplus Tourist and Development Council(TDC)
funds that can be used to purchase or develop housing units to provide affordable
housing for employees of tourism-related businesses. The law that allows these
funds to be used for this purpose require a maximum income of 120%of the area
median income. BOCC Fund 317 Tourism-Based Sector Employee Housing is
used to support this program.
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 programs of the Interlocal Agreement by
providing services needed to fulfill program 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 administration.
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B. Reimbursement shall be made based on the MCLA's submission and the County's
approval of an invoice for staff time and any other expenses. 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.
C. 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.
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
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: BOCC Fund 100 for Affordable Housing Programs; BOCC Fund
148, Cost Center 52040; Non-Conservation Land Management; BOCC Fund 160
Monroe County Environmental Land Management and Restoration Fund(MCELMRF);
BOCC Fund 316 Acquisition Fund; and BOCC Fund 317 Tourism-Based Sector
Employee Housing. MCLA staff will continue to serve in contingent worker status in
the County's Workday finance system to process purchase orders and invoices
for BOCC approval. 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.
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SECTION 5 - EMPLOYMENT: The position referenced below is a BOCC payroll
position and is funded by the BOCC, as long as the person currently within the position
remains 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 the
position. Additionally, MCLA, to the extent possible, will bill grant programs for time
expended by the MCLA staff if applicable. If grant funds are not available to fund
personnel services, BOCC will continue to fund the position, subject to annual
appropriation,unless otherwise agreed to.
STAFFING:POSITION NUMBERS:
Land Steward GMGM-005
The position 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 the position 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 the BOCC funded employee is assigned work under the MCLA pursuant to
this Section,the parties shall review this section during each amendment of this ILA 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.
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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 has
transferred vehicle 1001/9384 to the MLCA. 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.
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 party 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.
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•
•
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to:be executed:by
. . .. .: : ,,,..„.%.,::, their officials thereto duly authorized.
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: i t.;/i i A*T.,4 1\ 41),4(.27. \'',A p; . : ' : • . : i . : : . : • • . • .
_ y .DO. K,CLERK MONROE COUNTY BOARD OF . •
. • :a : - . ---- - �F COUNTY COMMISSIONERS ' . .
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As Dep .ty Clerk. :Y • ,r 1 i : : : • :
•
APPROVED FOR.FORM AND LEGAL :. • �; .
SUFFICIENCY FOR RELIANCE BY THE _ ..7:.� , ,
MONROE COUNTY.B•OCC.ONLY: :a, : ;�y
i.Digitally signed by Jeni-Lee `,-J.: ' r x .
: . • Jeni-Lee MacLaughlin`•MacLaugnrn : :. , • �..,,.,) : .
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By:_ :Date 2025:10.16.08:31:29=04100'.. _ :,: ,,.,..
:Jeni-Tee MacLaughlin,Assistant County Attorney: : ? , .
(Seal) ' M .. . • ryp ,..
. .COMPREHENSIVE PLAN . •
LAND AUTHORITY .
Digitally signed by
iiilp'Cyn thia C�• -� ia CueRa
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Guerra Date:2025.10.15 .
: By. .. - 10.4'f:36.04'00'. y�
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Cynthia Guerra,Executive Director : :: : : David:P.Rice,:Chairman . : •
:APPROVED FOR LEGAL SUFFICIENCY: : • .. .
Signed by T �i j 1 ~'`
• art/ ayort,.., . . . . ,. : : .. ..d.t...,\ . . . :
e o .Oropeza,Esquire. i , , .
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