HomeMy WebLinkAboutItem G09 COUNTY of MONROE BOARD OF COUNTY COMMISSIONERS
� Mayor Michelle Lincoln,District 2
The Florida Keys Mayor Pro Tern David Rice,District 4
y Craig Cates,District 1
James K. Scholl,District 3
� «
Holly Merrill Raschein,District 5
Regular Meeting
July 15, 2026
Agenda Item Number: G9
26-32305
BULK ITEM: No DEPARTMENT: MC Land Authority Governing
Board
TIME APPROXIMATE: 9:25 am STAFF CONTACT: Cynthia Guerra
AGENDA ITEM WORDING:
Approval of Seventh 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:
Monroe County Board of County Commissioners (BOCC) and Monroe County Comprehensive Plan
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 Program (VHBP) administered through the State of Florida.
The second amendment to the ILA was approved on June 15, 2022, to allow the MCLA to administer
FEMA funded programs.
The third amendment to the ILA was approved on September 21, 2022 to amend the process by which
MCLA may be reimbursed for staff time spent to assist with the administration and oversight of the
VHBP.
The fourth amendment to the ILA was approved on September 11, 2024 to move the Hazard Mitigation
Grant Program (HMGP) Acquisition and Demolition and Flood Mitigation Assistance (FMA)
Acquisition and Demolition; Elevation Programs back to County Administration. The fourth
amendment to the ILA also included changes to accommodate and facilitate staff adjustments for
County Manager and Land Authority Executive Director.
The fifth amendment was approved on November 19, 2024, to add a Tourism-Based Sector Employee
Housing Program to the Administration of Land Acquisition Programs in the ILA to allow the MCLA
to assist the County in implementation of the program as needed.
The sixth amendment was approved on October 15,2025, deleted the Voluntary Home Buyout Program
(which was completed in June of 2025), added a Non-Conservation Land Management Program to
provide for management of non-conservation lands acquired under the other programs in the ILA, and
also included needed administrative updates to make the ILA consistent with current procedures.
In May 2026,the BOCC adopted Resolution 149-2026 which authorized using funding from the Monroe
County Environmental Land Management and Restoration Fund (Fund 160) for conservation land
acquisitions. This proposed seventh amendment to the ILA adds conservation land acquisition to the
Conservation Land Stewardship Program covered by the ILA. This amendment also provides for
coordination between the MCLA and the County's new Office of Housing and Real Estate,and includes
minor needed administrative updates.
PREVIOUS RELEVANT BOCC ACTION:
On May 18, 2026 the Board approved Resolution 149-2026 authorizing the use of funding from the
Monroe County Environmental Land Management and Restoration Fund (Fund 160) for conservation
land acquisitions (Agenda Item F.3.).
On October 5, 2025, the Board approved the Sixth Amended and Restated Interlocal Agreement
between the Monroe County Land Authority and the Monroe County Board of County Commissioners
regarding the administration of Land Acquisition and Management Programs (Agenda Items F.2 and
G.9).
On November 19, 2024, the Board approved the Fifth 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 H.1 and
1.14).
On September 11, 2024, the Board approved the Fourth 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.14 and
S.3).
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 an 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:
Proposed 2026 ILA— 7th Amended and Restated
Resolution 149-2026
2025 ILA—6th Amended and Restated
2024 ILA—5th Amended and Restated
2024 ILA—4th Amended and Restated
2022 ILA—3rd Amended and Restated
2022 ILA—2nd Amended and Restated
2021 ILA— 1 St Amendment
2021 BOCC-MCLA ILA
FINANCIAL IMPACT:
N/A
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
G9. Approval of Seventh 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.
SEVENTH 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 SEVENTH AMENDED AND RESTATED INTERLOCAL AGREEMENT is made and
entered into this 15th day of July 2026 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,November 19, 2024, and October 15, 2025; and
WHEREAS, the BOCC has created a new Monroe County Office of Housing and Real Estate to
expand workforce housing opportunities, manage county-owned properties, and support strategic planning
for growth and sustainability in the Florida Keys, and MCLA will be working in close coordination with
that Office.
WHEREAS, MCLA and the BOCC wish to update the ILA to reflect the current state of MCLA
and BOCC operations.
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 Sixth Amended and Restated Interlocal Agreement between
MCLA and BOCC dated October 15, 2025, is hereby repealed, and replaced by this Seventh 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
commitments, and title insurance policies on behalf of the BOCC. The MCLA staff shall be responsible for
preparing 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 the County's Office of Housing
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and Real Estate and other BOCC staff as needed for 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 acquisition and management, the funds listed below are typically annual general fund allocations
assigned to fund account numbers that may change from time to time.
PROGRAMS:
1. 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. BOCC Fund 316 Acquisition
Fund is used to support this program.
11. 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. BOCC Fund 316 Acquisition Fund is used to support this program.
111. Density Reduction Resale Program: 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 Stewardship Program: This is a program to acquire and 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 held or managed for conservation purposes. These parcels are not assigned to
any specific county department for oversight. MCLA and the County Administrator's Office created
and funded this program to cover personnel, supplies and other costs associated with routine
maintenance of non-conservation county-owned parcels, generally limited to mowing, trash removal
and trimming as needed.
VI. Florida Forever Program: MCLA coordinates with the Florida Department of Environmental
Protection (DEP) for 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
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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 will coordinate with the County's Office of Housing and Real Estate to determine if MCLA
may assist in management of a lot if it will be classified as conservation,preserved as density reduction,
developed as affordable housing, 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
may be available to support management or maintenance of the acquired lots as needed.
VIII. Tourism-Based Sector Employee Housing Program: Monroe County identified $35M of surplus
Tourist and Development Council (TDC) funds that can be used to purchase land or will be used to
develop housing units to provide affordable housing for employees of private sector tourism-related
businesses. The law that allows these funds to be used for this purpose requires a maximum income of
120% of the area median income. MCLA may assist with land acquisition in support of this program as
needed. 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.
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
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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.
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 NUMBER: 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 employee,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 employee currently occupying the position 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.
Page 4 of 8
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.
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 databases to support the Programs, including but not limited to
Alchemy, Community PLUS, Laserfiche, Community Development, county data servers and file
directories, and permitting and agenda software platforms.
SECTION 8 - EXECUTIVE DIRECTOR VEIDCLE: The BOCC has transferred vehicle
1001/93 84 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.
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
PO Box 1026
Key West,FL 3 3 041-1026
Page 5 of 8
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
III. This Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute
one and the same instrument and each of which shall be deemed to be an original.
SECTION 10 - EFFECTIVE DATE: This amendment shall become effective upon execution
by all parties.
THIS SPACE LEFT INTENTIONALLY BLANK
Page 6 of 8
COUNTERPART SIGNATURE PAGE TO
SEVENTH 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
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
APPROVED FOR FORM AND LEGAL
SUFFICIENCY FOR RELIANCE BY THE
MONROE COUNTY BOCC. ONLY:
By:
Jeni-Lee MacLaughlin, Assistant County Attorney
COUNTERPART SIGNATURE PAGE TO
SEVENTH 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
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their officials thereto duly authorized.
(Seal) MONROE COUNTY
COMPREHENSIVE PLAN
LAND AUTHORITY
By: By:
Cynthia Guerra, Executive Director David P. Rice, Chairman
APPROVED FOR LEGAL SUFFICIENCY:
By:
Gregory S. Oropeza, Esquire
RESOLUTION NO. 149 - 2026
A RESOLUTION of THE BOARD of COUNTY
COMMISSIONERS of MONROE COUNTY, FLORIDA,
RESCINDING RESOLUTION No. 149-2022, UPDATING
AUTHORIZED EXPENSES AND RE-AUTHORIZING THE
MONROE COUNTY ENVIRONMENTAL LAND
MANAGEMENT AND RESTORATION FUND, AN
ACCOUNT WITHIN THE BUDGET of MONROE
COUNTY, MUNICIPAL TAXING DISTRICT
WHEREAS, the Board of County Commissioners (BOCC) Resolution 112-2004
authorized the creation of a Special Revenue Fund called the Monroe County Environmental Land
Management and Restoration Fund (Fund 160) hereinafter"the Fund" or"Fund 160"; and
WHEREAS, the BOCC adopted Resolution No. 111-201 o Which authorized all costs
associated With the position of the Land Steward for Monroe County to come out of the Fund; and
WHEREAS, the BOCC adopted Resolution No. 149-2022 which rescinded and replaced
Resolution No. 112-2004 and No. Resolution 111-2010, reauthorized the Fund, and provided
updates to permissible expenses from the Fund;
WHEREAS, Resolution 149-2022 is in need of revision to allow for acquisition of
conservation lands using the Fund; and
WHEREAS, Monroe County's Land Development Code requires that the Fund be used
for restoration and management activities of public resource protection and conservation lands, as
specifically detailed by resolution of the BOCC [Sec. 11 S-S(c)]; and
WHEREAS, there are sufficient monies in the Fund to cover the costs of restoration
projects, management activities, employment, supplies (including necessary vehicles),
operating costs, and the Fund can additionally support the acquisition of conservation lands;
and
WHEREAS, the BOCC finds that the principal use of the Fund is to cover all costs
associated with the management of Monroe County conservation lands, however acquisition of
conservation lands is an appropriate expenditure when the Fund balance exceeds $4 million.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD of COUNTY
COMMISSIONERS of MONROE COUNTY, FLORIDA:
Section 1• The "Whereas" clauses set forth above are incorporated as findings by the Board.
Section 2. Resolution 149-2022 is hereby rescinded.
Section 3: The Monroe County Environmental Land Management and Restoration Fund
(Fund 160), a special revenue fund, is hereby re-authorized.
Section 4• The following revenues shall be deposited in the Monroe County Land
Management and Restoration Fund:
1. Mitigation fees paid by landowners for removal of native vegetation required by Section 11 S-
S of the Monroe County Land Development Code;
2. Any donation, gift, grant, or revenue appropriated or transferred to the Fund by the County
Commission from any lawfully available source.
Section 5: The revenue deposited into the Fund may only be used for the restoration,
management, and acquisition of Monroe County and Monroe County Land Authority conservation
lands, including all costs associated with Monroe County's Land Stewardship staff. "Conservation
lands" include those properties that were purchased by the Monroe County Comprehensive Plan
Land Authority for conservation purposes, those properties owned by the Board of County
Commissioners that have been designated as conservation (including properties acquired through
the Rate of Growth ordinance land dedication process), and those properties owned by the State
of Florida for which the County is the designated land manager through a lease with the State of
Florida. The allowed expenditures include, but are not limited to the following:
1. All costs associated with the salaries of the Land Steward and the Assistant Land Stewards;
2. All capital and operating expenses associated with the Land Stewardship staff, including
buildings, office space and storage space;
3. All equipment and tools required by the Land Stewardship staff, including vehicles, herbicides,
chainsaws, cell phones, and hand tools, and their associated maintenance;
4. Clearing and removal of debris, waste, and fill from conservation lands;
5. Removal of structures or other improvements required for site restoration of conservation
lands;
6. Removal of invasive exotic plant species from conservation lands;
7. Purchase and installation of native plant species on conservation lands;
S. Trimming or removal of hazardous vegetation on conservation lands;
9. Installation of fences, signs, or other materials to ensure security of conservation lands;
10. Survey work as needed for management of conservation lands; and
11. Purchase of properties for conservation, in accordance with Section 6, below.
Section 5: A minimum balance of four million dollars of Fund 160 is reserved for land
management and restoration activities on County conservation lands, as listed in Section 5, nos. 1-
10. Any fund balance in excess of four million dollars may be used for conservation land
acquisition as follows:
Monroe County Land Authority (MCLA) shall administer this land acquisition process on behalf
of the BOCC, utilizing the monies available within Fund 160. MCLA will identify properties for
consideration and coordinate with County staff on proposed land acquisition purchases. MCLA's
evaluation of potential land purchases may be based on the following criteria: location in the
landscape, including whether the property is a private in-holding surrounded by public
conservation land; efficiency of land management as it relates to nearby or adjacent County
conservation lands; habitat restoration potential on the site;reduction of density; and 1 or protection
of listed species of plants or animals or their habitat.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 10 th day of June 2026.
Mayor Michelle Lincoln Yes
Mayor pro tem David Rice Yes
Commissioner Craig Cates Yes
Commissioner James K. Scholl Yes
Commissioner Holly Raschein Yes
I its
KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
As Deputyklerk Mayor Michelle Lincoln
Approved for Form and Legal Sufficiency
Derek Howard, Senior Asst. County Attorney
�G3 o couRr�
Kevin Madok, CPA
Lij,
�.
�o ......... � Clerk of the Circuit Court& Comptroller Monroe County, Florida
ti40Z coo
N-1
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 Inter local 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!
c c: 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
ADMUMSTRATION OF LAND ACQUISITION PROGRAMS
THIS SIXTH AMENDED AND RESTATED INTERLOCAL AGREEMENT
is made and entered into this 15d` 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 - PROGRAMNIING: 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
Page 1 of 7
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 finds 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 Pro : 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. DellsiV Uduction Acquisition :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.
III. 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. 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. - - 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
Page 2 of 7
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-awned
parcels.
VI. Florida Forever EE2SM: 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 io 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.
Page 3 of 7
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.
Page 4 of 7
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:POSITIONNUMBERS:
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 5: 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.
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 BDCC
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 S - EXECUTIVE DIRECTOR VEHICLE: The BQCC has
transferred vehicle 1001/93 S4 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.
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
111 112th Street,Suite 408
Key west,FL 33040
Monroe County Comprehensive Plan Land Authority Executive Director
1200 Truman Avenue,Suite 207
Ivey west,FL 33040
Gregory S.Oropeza,Esquire,Attorney for Monroe County Land Authority
221 Simonton Street
Key west,FL 33040
SECTION to- EFFECTIVE DATE: This amendment shall become effective upon
execution by all parties.
Page 6 of 7
IN�YITIYESS:WHEREOF,the:parties hereto-have caused thin A�+eerneint to:be executed'by
their officials thereto duly authorized.
• � °" per .
ISM
■ DOK,CLERK MC1NItOE COUNTY BOARD OF
-COUNTY COMMISSIONERS
4E
Y• By•
: : .• � �As'Dep •ty Clerk .�. • ' - ..�. . '�. �r • . •. � ;� : . - .: �' � � : .
APPROVED FOR.-FORM AND
SUFFICIENCY FOR RELIANCE BY THE
MONROE COUNTY•BOCC.'ONLY:
r..,.,
Digitally signed by JenkLee
:. Jeni-Lee MacLaughlin'-MacLaughrn ..
• Date:2025.10.16 08:31:29=04'00'
:Jeni-Lee-MacLaughlin' Assistant County Attorney.
:(Seat) . MONROE COUNTY
COMPREHENSIVE PLAN
LAND AUT ORITY.
�y ?.
• � Digitally
signed.by,
dy
.n 1 a Cynthia' GueRa
Date:.2025. 0.15
'f• ..., --+eta:..,
1
Guerra
Y.
•
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Cynthia Guerra,Executive Director :: David:P.Rice,:Chairman
APPROVED FOR LEGAL SUFFICIENCYe
stw by
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egory .Qropeza,Es quire. .�-
f
Page 7 of 7
�G3 o couRr�
Kevin Madok, CPA
Lij,
�.
�o ......... � Clerk of the Circuit Court& Comptroller Monroe County, Florida
ti40Z coo
N-1
DATE: December 2, 2024
TO: Cynthia Guerra, Acting Executive Director
Land Authority
FROM: Liz Yongue, Deputy Clerk
SUBJECT: November 1 g, 2024 BGCC Meeting
The following item has been executed and added to the record:
HI Fifth 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!
c c: 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
FIFTH 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 FIFTH AMENDED AND RESTATED INTERLOCAL AGREEMENT
is made and entered into this 19th day of November 2024 by and between the
MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY(hereinafter
11MCLA11) and the BOARD OF COUNTY COPA01ISSIONERS, 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 and September 11,2024; and
WHEREAS, MCLA and the BOCC wish to add a Tourism-Based Sector
Employee Housing Program to the Administration of Land Acquisition Programs("ILA");
and
WHEREAS, MCLA and the BOCC wish to enter into this 5th Amended and
Restated Interlocal Agreement, transferring vehicle 1001/93 84 back to the MCLA under
the same terms and conditions of the 3d Amendment of the ILA which required the MCLA
to pay maintenance,repair and replacement cost of the vehicle by invoice.
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 Fourth Amended and Restated Interlocal Agreement
between MCLA and BOCC dated September 11, 2024, is hereby repealed, and replaced
by this Fifth 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
Page 1 of 7
not limited to appraisals, boundary surveys, environmental assessments and any other
inspections required in order to facilitate the BDCC's acquisition; and ordering closing
services, title commitments, and title insurance policies on behalf of the BDCC. 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 BDCC
approval. MCLA staff shall coordinate with BDCC staff as to placement on the
appropriate segment of the BDCC portion of the agenda. Lands acquired under said
Programs shall be purchased with funds from either the BDCC or the referenced grant
Programs and shall be titled in the BDCC. 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 BDCC agrees to maintain
the acquired properties and MCLA's administration shall include coordinating with
BDCC 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 Pro : 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. D Tensity 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 BDCC.
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 Steward"hi Pro am: 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 BDCC Resolution 149-2022. Said lands consist of
conservation lands owned by the BDCC, conservation lands leased to the BDCC
by the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida, and conservation lands owned by MCLA.
IV. Communily Development Block Grant m Disaster Recove CDBG-DR
Voluntary Home_Buyout Pro ream: This is a program to purchase and demolish
improved properties that were damaged during Hurricane Irma and to acquire the
associated RDGD exemptions pursuant to BDCC Resolution 150-2020, thereby
amended on March 17, 2021. Properties acquired under this program must be
maintained for open space,recreation, or stormwater management.
Page 2 of7
V. Florida Forever Progam: 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.
VII. Tourism-Based Sector Employee 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.
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 VHBP 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.
Page 3 of'
B. If allowable under a grant agreement, the County shall provide payment under this
Agreement on a cost reimbursement basis after the granting agency reimburses the
County for the expenses incurred. For grant agreements requiring County
disbursement of funds prior to grant reimbursement, the County will provide
payment to MCLA and then request reimbursement from the granting agency. If
reimbursement under the grant is denied, MCLA will be required to refund the
payment to the County.
C. Reimbursement shall be made based on the MCLA's submission and the County's
approval of a invoice. Payment shall be made in accordance with the Florida Local
Government Prompt Payment Act. The MCLA agrees to provide the County with
documentation of all staff hours expended each pay period on a form prescribed by
the County. The County may require documentation of expenditures prior to
approval of the invoice and may withhold payment if services are not satisfactorily
completed or the documentation is not satisfied. Any payment due or any approval
necessary under the terms of the Agreement may be withheld until all evaluation
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. Amer the Clerk of the BGCC examines and approves the request for reimbursement,
the BGCC 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 BGCC 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 BGCC FTE payroll.
The Clerk will maintain BGCC financial statements including annual single audit report
and audit function of BGCC.
'Page -f`
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 positrons, 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
Page 5 of 7
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 1001/93 84 vehicle 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 to — EFFECTIVE DATE: This amendment shall become effective upon
execution by all parties.
Page 6 of 7
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed
by their officials thereto duly authorised.
f
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MONROE:COUNTY B
O
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COUNTY
_ .
�, � CC11111SSII3hTE
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$y�.;:: Q- 0
:AS I) Clerk y
". PROVED FCJ1�FORM AND IGAL:
UFFICIENCY.FOR:RELIANCE BY THE
ONROE COUNTY B.0.C' ONLY:
... � � ... 1\ IJ ` V•.. - B:Shillinger. � :. •.. :. -
i gitally signed by Robert
O e r DN:cn=Robert B.Shillinger,o=Monroe
' County CC,ou=Monroe County Attorney,
email=shillinger-bob@monroecounty-fl.gov,
. 5-hillinger.
-c U5.
Bye Date:2024.11.25 09c28:U7-05'00'
Robert .
TY:
COMPREHENSIVE•PLAN ..
:. I�A►ND-AUTHORITY_ - :
Qy 'thia'.� i'Digitally signed by.
Cynthia.Guerra
a
�-+ Date 2024 11 19.
V rr :14:.01.37'=05'OO'.
a Q}�Qp
:Qyn!hia Guerra,:Acting.Executive'Director; David P:Rice
APPROVED-FOR LEGAL SUFFICIENCY,
sy:
Ore s. Or
gam � eZ ; �
�G3 o couRr�
Kevin Madok, CPA
Lij,
�.
�o ......... � Clerk of the Circuit Court& Comptroller Monroe County, Florida
ti40Z coo
N-1
DATE: October 11, 2024
TO: Cynthia Guerra,
Acting Executive Director of the Land Authority
ATTN: Dina Gambuzza, Property Specialist
Land Authority
FROM: Liz Yongue, Deputy Clerk
SUBJECT: September 11, 2024 BGCC Meeting
The following item has been executed and added to the record:
S3 4th 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.
c c: 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
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 ...............l,.,l„th ............ day of September 2024 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 BDCC 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 BDCC 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 BDCC wish to enter into this 4th Amended and
Restated I nterlocal Agreement,transferring the Hazard M itigation Grant Program (H MGP)
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 BDCC 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 BDCC 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 BDCC including but
not limited to appraisals, boundary surveys, environmental assessments and any other
inspections required in order to facilitate the BDCC's acquisition; and ordering closing
services, title commitments, and title insurance policies on behalf of the BDCC. The
MCLA staff shall be responsible for preparing all agenda items necessary to accomplish
ag I o l—'
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 Pro ram: 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. Densitv 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 Recover 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
"a e 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.D.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 I nteriocal 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
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 BGCC examines and approves the request for reimbursement,
the BGCC 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 BGCC 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 315 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 BGCC FTE payroll.
The Clerk will maintain BGCC financial statements including annual single audit report
and audit function of BGCC.
SECTION 5—EMPLOYMENT: The positions referenced below will be BGCC payroll
positions and to the extent not funded by the referenced grants, will be funded by the
BGCC, 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, BGCC 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
V I I, 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 G I S 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 S - EXECUTIVE DIRECTOR VEHICLE: The MCLA will transfer
Vehicle 1001/9384 vehicle to the BOCC.
SECTION 9 -MISCELLANEOUS:
I. Modifications to this Agreement shall be valid only when reduced to writing and
duly signed b'' 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 '
tC
Monroe County Attorney
1111 12th Street Suite 408 "
Key Nest, 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
l
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.
` EV
I`N�MDOI�,CLERK MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
u.. :�L•�ti 4v
Ir
11 V.�.r'": Fue...cec"a.T! f;::` .1^i-;;• =�y (�
as 1"-�^�'•—s{'.,'w`f'�J j+:..."'-,...:_k;��� ,` i .
As D puty Clerk Mayor Holly Raschein
.Page 6 of 7
Docusign Envdope ID.A2A286DD.-FOFF-4039.-ODFO.-866IF4C'TC82F
APPROVED FOR FORM AND LEGAL
SUFFICIENCY FOR RELIANCE BY THE
MONROE COUNTY B.O.C.C. ONLY:
Digitally signed by Robert B.Shillinger
DN:cn=Robert B.Shillinger,o=Monroe County BOCC,ou=Monroe
Robert B. I I e r County Attorney,email=shillinger-bob@monroecounty-fl.gov,c=US
By:�...............................................................................................................................................................................I........................I.......... ............................. Date:2024.10.10 10:43:30-04'00'
Robert B. Shillinger, County Attorney
(Seal) MONROE COUNTY
COMPREHENSIVE PLAN
LAND AUTHORITY
Mg it I ly signed by Christine
Chri stine Hurley Hurley
By:; ........................_ 'ate:2024M 12 1 S:43-S 1-04'00' Date:
...................................... 666��v,pippippippivi.mm; .................
Christine Hurley, Executive Director David P. Rice,Chairman
APPROVED FOR LEGAL SUFFICIENCY:
Signed by.,
By
Gregory S.Oropeza, Esquire
Page 7 �,)f'7
�G3 o couRr�
Kevin Madok, CPA
LIJ,
�.
�o ......... �� Clerk of the Circuit Court& Comptroller Monroe County, Florida
ti40Z coo
N�-1
DATE: October 11, 2022
TO: Cllristine Hurlev
Executive Director
ATf N: Dina Gainbuzza
Office Manager
FROM: Liz Yongue, Deptity Clerk
SUBJECT: September 21st BOCC Meeting
Enclosed is all electronic copy of the folloN.Ving itein for your llandling:
GI Tlurd Amended and Restated Interlocal AgTeement between Monroe County
Land Atitllority (MCI-A) and the Monroe County Board of County Commissioners (BOCC)
regarding the administration of Land Acquisition and Management ProgTains.
Sllould you leave any questions, please feel free to contact isle at (305) 292-3550.
cc: Cotinw 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 RESTATED INTERLOCAL AC,REEMEN"r BETWEEN
COMMISSIONERS OF MONROE COUN"'rY REGARDING THE
ADMINISTRA,"rION OF LAND ACQUISITION PROGRAMS
THIS THIRD AMENDED AND RESTATED INTERLOCAL AG`REEMEN"r
41
is made and entered into this 21 A day of September 2022 by and between the
.ONROE COUNTY COMPREHENSIVE PLAN LAND T.J"rl-: ' , "'"' ' �l rel*na r
"MCLA") aind the BOARD OF" COUNTY COPMMISSIONERS, a political
subdivision f the State 1. rl.da (herein r"' "' .
WHEREAS, CI..,A and the BOCC entered into that:certain Interlocal Agreetnent
Between they Motiroe County I...,anal Authority and the Board of County Commissions of
Monroe County Regarding he Adrrunistration. of Land AcquisitionPrograms (" ...A") on
July 21, 2021 rid
WHEREAS, MCLA and -the BOCC amended InterlocalAgreement en the
Monroe County Land Authority an the Board ofµ County- Commissioners u Monroe
County regarding the Administration of I.,and Acquisition Programs("ILA")on Septetnbet-,
1�� 02 and „ u 1�, 2022; and
WHEREAS, MCLA and the BOCC wish to enter 'Into this 3rd Arnendedand
Restated Interiocal. Agreement.
NOWI TiIE . EF E, 'n consideration of the terms, conditions an versant
hereinafter provided, the Parties agree as follows:
SECTION' ,,,o 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 programsdescribed below,
SECTION - P : ,.M Second gene and Restated Interlocal Agreement
between CL and BOCC datedJune 15,2022, is hereby repealed,and replaced by this
'Third Amended and 11 estated Interlocal.Inter Agreement,
SECTION - P .:" MING: MCLA's administration will ln degrant
management of the BOCC programsoutlined below (hereinafter the "Progr r s"),
incWlng, but riot limited to seller and/or buyer coordination, negotiating purchase an
sale agreements; ordering due diligence products on behalf of the BOCC including but
not limited -o appraisals, boundary, surveys, environmental assessments a any other
inspections s required in order ii, e -th CC" acq
uisition;t n; and ordering closing
services, title commaments, and title insurance policies on behalf of the BOCC. '"I"h
MC LA ff shaft be responsible -for preparing agendaitems necessary to accomplish
the purposes of thisr n. n , including but riot limited,to agenda i.tems requiringC
approval ...,A staff shall coordinate with BOCC staff as to placement on the
a a
appropriate segment of the BOCC portion of the agenda. Lands acquired under said
Programs shaH be purchased with funds from either the BOCC or the refierenced grant
Programs and shall be titled in the B0(".'.C. MCLA's adnunistration shall include land
stewardship activities pair suantto 111"rogram IV below- when the acquired properties are
salted, for management as conservation land, 0therwise, the BOCC agrees to maintain
the acquired properties and MCL.,As administration shall include coordinating with
BOU", staff (Facilities Maiintenance, Parks and Beaches, or Pro'ect Management)
regarding amintenance activities such as mowing,trash removal, etc,, when needed.
W
PROGRAMS.
1. 1,,ess Than. Fee sec u1sition Pro arwrv. This is a l.ess than fiee prograrn to retire
.........................
the rights to build dwelling units where the subject lot is owned by the adjoin'
homeoWrner..
`T'h*s 's a fee s'mple acquisition program
IL I)ensiV R�ductlon.AcQuisition 113rograrn. # 1 1.
for those lots 'that are, not suited for management as conservation land. T'he
program was estabfished to retire the rights to build dwelling units on said lots
pursuant to the 2016 Interlocal Agreement between MCLA and the BOCC.
1)ensitv Reduction R.esale Pr ram: A. program. to resell Density, Reduction 1.,ots
(lots not suited for management as conservation land) subject to deed restrictiLons
prohibiting development with dwelfing units.
111. ConservatRon Land Stewardsh.19............Ejggr "I"his is a prograrn to manage
.................................................................................................................................. ... . . ......
conservation lands using the Monroe County Environmental L,and Management
and Restoration Fund (Fund 160, aka MCELNU), a non,ad valorem fund
established pursuant to B0(`.'C Resolution 149-2022. 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 h,nprovement rrust Fund of-the State of
Florida, and conservation lands owned by MC1.,A.
1
IV" LC2og'nmunity, Development Block (3rant Disaster Recovery............ Q J-DR1� B("4
..................................................
Volunt, "I"his is a program to purchase and demollsh
improved propertles that were damaged during I furricane Irma and to acquire the
assocRated ROGO exemptions pursuant to BOCC. Resolution 150 1020, thereby
amended on March 17, 2021. Properties acquired urt.der this program must be
rnaintalned -for open space, recreation, or stormwater management.
V. I lazard
.............................. ...............
& -ed properties that i improv I
.............................................................: This is a program to purchase and dernol'sh '
were daniaged during Hurricane Irma, to acquire the associated ROGO
9 0 d properties as open space or to Elevate
exemption, and to ma inta rin the i acqure
Existing Structures above minunum, flood elevation requ#rements funded by
111'edera� Emergency, Management Agency- (FEMA).
"M LA.c *s't'on and Dernofition- I'levat'on: "'rh'
flgood Myhtfifyatfion A-ssistance(1` A' I # 1. is
is a program to purchase and demolish improved properties that were damaged
during Hurricane Irma or other flood events. to acqu#re the associated R.OGO
exemption, and to maintain the acquired properties as open space or to Elevate
Ex4o.sting Structuresb minimum flood elevation requ#cements funded ,
Federal Emergency Management Agency (FEMA).
V1
- MCLA w'ffl coordinate with I
....w -1orlda Department of. .........................................................................................................................or#'da Forever ......................�
V i r o n m e n I a l P r o t ection (DEP) and Department of Economic Opportunity
(DEO) regarding the State's acquisition of property within Flag'# a Forever
projects. 0 *ffl serve as the .t in i'mpletnenting the 17
Memorandum of Agreement,as subsequently amended, between Monroe County
and.the Board of Trustees f the nterna ro t"'I"'rust Fund of file State of
F, r'# will assist � i i . i. i.n '#lfin ells within �a Wa Forever
pro
� h'ri ' �:h n. �agrees-n hall prevent the ..., -ram oolong
cooperatively with the DEP on acquisitions of u fi '# g properties under the
existing statutes.,, r u� fig. n. , and ordinances gover #" land a � i.tion. both
0 0
ntaies.
Cade mph' n Foreclosure Lof C r 'Ina l n° after the . . . . has acqu4'red
Ufleto a lot el.ther through deed in fieu of foreclosure or through court acfion
arising from a Code Compliance 1,1en,the MCLA may assist #9n management f
last #'f t '#H be classifieda r i n lots., preserved as densityredact'l.on lots,
or resold after removal of development rights in accordance w'#'th the programs
descr'#bed above managed by the Call
"I"he followingprocedures apply for the reimbursement of staff fim.e spent on programs
fisted in Section 3:
A. In accordance with. the ILA. and NIS Atnendment, MCLA. agrees to ass9'st the
County in. itnp�etnentafion of the :DBG- 1...1130 and I...IMGP & FMA y
providing associated services needed to fulfill the Subrecipient Agreement
respons'#'blfitles Ki implementation the Programs including but not limited to
developing procedures, assisting wl'thr r fig, construction, under r't'#n
d 'i' i tr ti. n., deed restriction development, real estate instrument development,
& BS N
title reviews, recording, etc.
B. In accordance with the ILA and th#"s Amendment, MCI-.,A agrees to assist the
County in imlAementation of the programs f the nter�o ra Rdi.n.g services
needed to fulfil grant administrafion.
County responsibRifies include:
A. "I"he County agrees to reimburse the CI..., t 1 % the actual cast ofsalary, as
we 1.1 as FICA taxes, withholding taxes, state and federal unemployment taxes, and
rehr m t n. .t for pry girl management and ,d inRo tr ion for the DBG- ..,
Y 3
,inn
I JMGP, and FMA programs, in accordance with State and Federal Program
regulations.
B. If allowable under a grant agreement, the County shall provide payme nt under this
Agreement on a cost reirnbursement basis after the granting agency reirnburses the
Count
C u onty for the expenses incurred. For grant agreemen i ts requring
disbursement of fi.jnds prior to grant reimbursement, the County, will provide
payment to MCI..,A and then request reimbursement fro rn the granti ng agency. If
re#mbursement under the grant is denied, MCLA. will be required to refund the
payment to the County.
C. Reimbursement all be made based on the MCI,A's submission and the County's
approval of ainvol.ce. Payment all be made in accordance with the Florida 1,ocal
Government Prompt Payment Act. "rhe MC1.,A agrees to provide the County with
docunwritation of al I 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 IT 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 MC EA and necessary adjustments
thereto, have been approved by the County. However, the County agrees to use
due diligence gn approving and to proceed with a sense of urgency and priority in
making reimbursement to the MCI...,A.,,
D. "I"he County shall. reimburse those reimbursable expenses that are reviewed and
approved as complying with any and all grant agreements.
E. ARerthe Clerk of the BOCC examines and approves the request for reimbursement,
the BOU"I". 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 ,rruman Avenue, its 207
Key West,FL 33040
G. T'he payments from the County to the MCLA to pursuant to this Agreement are
our from reimbursement froni the granting agencies,
SECTIONA - FINANCING,: 'The BOCC will continue to handle the financial services
and flunding (Inchiding, but not limited to : budgeting, purc hasi ng/bids/procu rement,
payment to vendors and applicants,and auditing)-for the Programs referenced above. "I"he
current funds include: Fun quisition Fund; Fund 160 Monroe County
Environmental :..,and Management and Restoration Fund (MCEI...,MRF); CDBG41)R;
HMGP, and FMA. J'he Clerk of the Court will. continue to issue vendor payments. and
130(�C 1"'"VE payroll. "Fhe Clerk will maintain B()CC financial statements including
annual single audit report and audit'Function of BOCC.,
SEC'riiiON 5 EM PLC YMENpr.. "I"'he positions referenced below will be BOCC payroH
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 Intl Ude aH ancillary ftinding necessary for such employee,
including, but not limited to office space., technology, cell phone, insurance benefit s,
retirement benefits and vehicle(s) necessary to implement each position. Additional.1y,,
MLA 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 confinue to fund the positions subj annual ject to
approprRatRon, unless otherwise agreed to.
s"'rAFFING: POSITIONNUMIBERS:
L.,anal Steward GMGMfffe005
Land Steward Assistant GM EN" -020
L,and Steward Assistant ("Y'MENV021
Acquisition Manager GMPLN-032
Mitigation Administrator(..NwMBi..,,G 053
"Me positions listed above wifl be managed by- and report -to the M(`1LA Executive
Dogrectorl, according to the BOCC adopted Personnel Policles and Procedures (PPP), as
may be an-iended from time to tune, 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 Adn'unistrator approval with a review by the Employee Services Director and
County Attorney, to aSSUre the Execut ive Director followed the PPP,
SECTION 6: Any new positions that will be added will be MCL.,A positions. If,, at any,
Urne, any of the employees currently occupying the positions listed above leaves the
position or separates flroa,-i 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 posj"tion.. In this case,the parties will work in good faith to amend this agreement
to fund the position appropriate to the prograty,-i.
41
For each of the -five (5) positions 19'sted 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 B OCC 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 bU
m t
.
not liited to alleged violations of Americans with Disabilities Act as amended 11 1"itle
V11, 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. '"I"hfiiN
term "clalin" shall include hability or potential Sabi for wages and aH other forms of
damages, as wel1l as afforneys' flees and costs.
As long as BOCC -funded employees are assigned work tinder the MCLA pursuant to
this Section. the parties shall review this sec,fion no later than July I of each year to
determl'ne if any BOC"'.0 ffinded positions should be transitioned to the MCI..,A,, 1'he
parties shall work cooperatively to seek any, legislative changes to the MCLA enabling
statute and/or ordinatice that are necessary to formalize the transit-,''r the BOCC -funded
positions and programs to the MCLA..
S - "'rhe BOC"C woll prov'de GIS serv'ces related to land ECTION 7 - GIS SERVICES.
0 acquisition, and access and maintenance of related GIS layers,. In addi'tion, the BOC"C
w Hl cont'l I inue to support and prov"de access to systems, -files, and data bases to support
the Programs, including but not limited to Alche#,ny, Cotnmunity PUJS, county data
servers and file directories, and permitting software piat-forms.
SEcriON 8 - EX111�,,0JTIVE DIRE('-".TOR VEHICLE: The BOCC will transfer
4
vehicle 1001/9384 vehicle to the MCLA. 1"he MCLA will pay the rnaintenance,, repair,
and replacement cost of the vehicle by invoice.
SECTION 9 - MISCELLANE aOU'S.
1. Modifications to :hi's Agreement shall be valid only when reduced to wrifing and
duly signed by all parties. If any term or provision of this Agreement shall be
invalid or unenforceable to any extent, the parfies agree to comply with the
remaining term s 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
tRme,,with or without cause. "I"ermination shad take effect Upon receipt of written
not i-fication by a party to the other party.
110 'Not'-ficaon un 1 fl 1 der this Agreetnent shall be n-tade by hand del"very, U.S. certo-fied
mail, return receipt requested, or an express mall with proof of delivery.
Noti-fication by a party shall be del i'vered as follows:
Mo lire iroe Couinty Adma"ni"strator
I 100 Sinionton Street
Key West, Ft.., 33040
lMonroe County Attorney
I I I I 12th Street, Suite 408
Key West, FL 33040
Moniroe County Comprehensi've Plan Land Authorl"ty Execub"ve D lilrecWr
1200'"Fruman Avenue, Suite 207
Key West, H.., 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.
I
' IN MADOK, CLERK MONROE COUNTY BOARD OF
-� = sw• COUNTY COMMISSIONERS
� �r �r.r• ti
By: By:
As eputy erk Mayor David P. <Tce
APPROVED FOR FORM AND LEGAL
SUFFICIENCY FOR RELIANCE BY THE
MON ROE COUNTY B.O.C.C. ONLY:
Digitally signed by Robert B.Shillinger t n�
❑N:cn=Robert B.Shillinger,o=Monroe County BOCC, ^ �
Robert B. Shillinger°.
-,ou-Monroe County Attorney,email=Shillinger-
/•-6oti@mnnroe[ounty-Fl-goy,r-U5
Date:2022.09.2612:35:25-04'00'
By
Robert B. Shillinger, County Attorney - � =. ..
..y _ ZID
C)
�r ¢ Ci
' 1 MO NROE COUNTY "`
1
COMPREHENSIVE PLAN
LAND AUTHORITY
' -e
By: Date:
Christine Hurley, E ecutiv, Director David P. Rice, Chairman
APPROVED FOR LEGAL SUFFICIENCY:
By: )'--7, c,
Gregory S. Oropeza, Esquire
Page 7 of 7
COUR7.4
�~..Jouf Kevin Madok, CPA
�...
�o ......... �� Clerk of the Circuit Court& Comptroller Monroe County, Florida
DATE: July 13, 2022
TO: Christine Hurley
Executive Director
ATf N: Dina Ganlbuzza
Office Manager
FROM: Pamela G. Hancock, D.C.
SUBJECT: June 1 J'B OC C Meeting
Enclosed is all electronic copy of the folloN.N7ing item for your handling:
F1 2'Amended and Restated Interlocal AgTeenlent bet.veen Monroe Counq,Land
Atithoriq,and Monroe Co-Linty regarding the administration of Land Acquisition and Management
ProgTanls.
Should you have any questions, please feel free to contact nle at (305) 292-3550.
cc: Count,Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PKIROTH 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
305-204-4641 305-280-6027 305-852-7145 305-852-7145
SECOND AMENDED AND RESTATED INTERLOCAL AGREEMENT
BETWEEN THE MONROE COUNTY LAND; AUTHORITY AND THE COAT.
OF COUNTY COMMISSIONERS OF MONROE COUNTY REGARDING THE
ADMINISTRATION OF LAND ACQUISITION PROGRAMS
THIS SECOND AMENDED AND RESTATED INT'ERLOCAL
AGREEMENT is made and entered into this I Sth day of June, 2022 by and between
the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY
(hereinafter 11MCLA") 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 Interloeal 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 eater into this 2"d Amended and
Restated Interloeal Agreement, to be consistent with Chapter 2022-75, Laws of Florida
(Senate Bill 442) which amended Section 3 80.0666, 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:MING: 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 w. Disaster Recove (CDBG-DR)
voluntary Horne 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 Miti ation 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 FIFA Ac uisition 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 (FERIA).
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 fu lfi 1 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.
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
Ivey 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.
SEC'T'ION 4 0 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-DID;
HMGP; and FMA. The Glen 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.
STAFFINIG: POSITION[ NUMBERS:
Land Steward GMGM-005
Land Steward Assistant G M EN1 V-020
Land Steward Assistant GMENiV021
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 ease 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 claim's arising out of federal, state or local laws including but
not limited to alleged violations of Americans with Disabilities Act as amended, Title
V I I, 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 worm 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 0 GIS SERVICES: The BOCC will provide GIS services related to land
acquisition, and access and maintenance of related OIS 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 o EXECUTIVE IREC'TOR 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 o 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
P c,-� e 6 o t"8
tten time,w4th or without cause. Termination shall take effect upon receipt of wri
n if' *on by a party to the other party.otl ican
® Notification under this Agreement shall be made by hand defivery, U.S. certified
return receipt mquested, or an express mail with proof of delivery.
al
Notification by a party shall be delivered as follows:
Monroe County Administrator
I 100 Simonton Street
Key West, FL 33040
Monroe County Attorney
I I I I 12th Street, Suite 408
Key West, F1,33040
Monroe County Comprehensive Plan Land Authority Executive Director
1200 Truman Avenue, Suite 207
Key West, F1,33040
Gregory S.Oropeza, Esquire, Attomey for Monroe County Land Authority
221 Simonton Street
Key West, F1,33040
SECTION 10—EFFECTIVE DATE.
..........
This amendment shall become effective on July 1,2022..
I t o b C. Xi
"e' t's c u t e d ITNESS WHEREOF the NI hereto have causedAgreeme nt
0,01IN. ,
j
offic
...........thereto duly author'zed.
All,
..........
...........
III, x
'jj.:
ivlll.���"ram'. ��ur�� '9'.
K ADOK,CLERK MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
............. ............. Ili
B By"Y,
�Wi...................................................................................................... ..................................................................
As 1)eputy er k Mayor Davij Pi I c e
" 8
-ig[k e 7
APPROVED FOR FORM AND LEGAL
SUFFICIENCY FOR RELIANCE BY THE
MONROE COUNTY B.O.C.C. ONLY:
Digitally signed by Robert B.Shillinger
DN:cn=Robert B.Shillinger,lo=B.O.C.C.of Montole
Robert B. Shillinger County,FL,ou--County Attomey,email=shflhnger•
bobamonFoecounty-fi.gov,cmUS
Date:2022.06.16 11:34.29-04'00'
obert B. Shil ire ger, County Attorney
....................
Al
..........
MONROE COUNTY
COMPREHENSIVE PLAN
LAND AUTHORITY V*0.
By- WWWW, Date
Christine Hurley, Executiv. irector David P. Rice, Chairm' an
APPROVED FOR LEGAL SUFFICIENCY:
..........
Gregory S. Oropeza, Esquire
GOURr
�G.yu cuFQ;-. Kevin Madok, cpA
�••.......•••�y Clerk of the Circuit Court&Comptroller=Monroe County, Florida
O
-O;ca;*ti�.
DATE: October 1, 2021
To: Christine Hurley
Executive Director
AZTN: Dina Gambuzza
Office Manager
FROM: Pamela G. Hanco .C.
SUBJECT: September 15'B O CC Meeting
Enclosed is an electronic copy of the following item for your handling:
G1 1 st Amendment to the Interlocal Agreement between Monroe County Land
Autliority (MCLA) and the 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 PKIROTH 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 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
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 I of 7
approval. MCLA staff shall coordinate with BDCC staff as to placement on the
appropriate segment of the BDCC portion of the agenda. Lands acquired under said
Programs shall be purchased with funds from either the BDCC or the referenced grant
Programs and shall be titled in the BDCC. 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 BDCC agrees to maintain
the acquired properties and MCLA's administration shall include coordinating with
BDCC 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 BDCC Resolution 175-
2018 and amended by BDCC 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 BDCC.
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 Ivey 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 BDCC Resolution 112-2004 and BDCC Resolution 11 I-
2010. Said lands consist of conservation lands owned by the BDCC,conservation
lands leased to the BDCC 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 BDCC 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
[Icige 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).
VIII. 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.
Plag' 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,
I'l a ge 4 o l'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 'TB D
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 I 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.
Fagg 5 ()f~7
SECTION 7 -- GIS SERVICES: The BOCC will provide OIS services related to land
acquisition, and access and maintenance of related CIS 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 S - 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
111 112th Street, Suite 408
Ivey `]Vest, FL 33040
Monroe County Comprehensive Plan Land Authority Executive Director
1200 Truman Avenue, Suite 207
Ivey west, FL 33040
Gregory S. Oropeza, Esquire,Attorney for Monroe County Land Authority
221 Simonton Street
Ivey West, FL 33040
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed
by their officials thereto duly authorized.
PiAg.• 6 47
s. t
. al A,yes�T, ,
KE 1N_MADOK,CLERK MONROE COUNTY BOARD OF
., COUNTY COM
By. By;
RUID
As Deputy Clerk Mayor Michelle Coldiron
MONROE COUNTY ATTORNEY
FPE[ k�A5 TO O !
CHRIS"fINE LIMSERT BARROWS
ASSISTANT COUNTY AWORNEY
OATEN 9/29/21
- MONROE COUNTY
.- - � COMPREHENSIVE PLAN
LAND AUTHORITY
By: Date:
Charles G. Pat#ison, Executive Director David P. Rice,Chairman
APPROVED FOR LEGAL SUFFICIENCY:
By:
Gregory S. D ropeza, Esquire
Fri
,.
�1
a F
5
P::iL)c 7 o l"7
6.'' '"` C4 ``''' Kevin Madok, CPA
r
•
i I r f r u Court Co
mptroller
lR lr Monroe County, Florida
+
DATE: ,duly 30, 2021
TO: Emily Schemper
Planning & Environmental
FROM; Sally M. Abrams, D.C.
SUBJECT: July 21" B OC C Meeting
Attached, for your handl i ng, i s an electronic copy of K 12, an int rlo al agreement
between Monroe County Land Authority MCLA) and Monroe County authorizing
the MCLA to manage 5 MC employees and MC acquisition programs including: Density
Reduction Program, Less than Pee Program, Habitat Restoration Program, 1 -sale of vacant
Density Reduction lots without Development Rights, the CDBG-DR Voluntary Home Buyout,
and the M P-Buyout programs; and repealing the prior interlocal. agreement dated October 19,
2016.
CC; Cowity Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
0 Whitehead Street 3117 Overseas Highway 88 0 Overseas Highway 50 High Point Foad
Key West,Flcwida 33040 Marathon,Florida 33050 Plantation Kerr,Florida 33070 Plantation Key,FI Sri da 330
INTERLOCAL AGREEMENT Bu'rwEEN'TII;E MONROE C011JNTY'LAND A-IIJTII0.'RJJ,.'Y
AND THE BOARD-OF COVNIT COMMISSI'ONERS!OF MONROE COUNT,Y'REGARDI"NG
THE ADMINISOY,RA1.710N OF ILAND ACQ'U'llS;IT'!---.'ON'P!'R.(6);G'.RA,MS
hi-is bi-ii-te-floca-1- Agree m erillit u t to an, e.nitered i tit o fliJis 21st da'y ol:'July, 20211, by
the M.011roe Ioiriida, B-OCC ) a,nid
and betvveen trfie- Boa r(-I of Cot-lif!'l-ty coni� iss-i oflers of Motilroe County, 1-
County Com.preliensive at Land Auflhority (--MCLA")N
•WHEREAS:,,t1lit. Sitate of 16"loiri.datfirough.the •Florida Keys,.Area Protection. Act h-as- Weiiifi--fied the
S ie safe-Iy evactitated in th.e even-t ofa tate's intent to; eilsure. ttiiatl die poti!u-ilationi of the Rord,a K-eys cmi:1 b
Critical State Concern, FS-380.0552-:
huri-im-',ile atiid has, desigti,ated, ttile FJorida- K.eys as a n A.i s, o:
Keys AC SC)�- m.-id
n d d i si pose of'
WHEREAS., the State;of Florida has, pro-vided t,-hiatr ttie. land auctIrion-ty t,�na,y-acq ui t t a,
A] :i acquiss ili onis,necessary ot--apipiropriatet re o Pven t o t-satisfy
reall prope-i-ty or-any inten,'u-st,fli-ei in. w1len S -C-1
4
coi,i se rvat to I'll afrid wNdfille.
fie 1,.)urpose- w-A, provISI-011s,of its:governing act unctu,di
hiabitat), fion, -dabIe twusimg,. and i recrea a fo t pit-4vate property rights c1ait ins resulting -f wn I I il,i I tat i o n s
1,111,piosed by dw designation,of arri area ofc-r-ifilca],state coti.:cern. F.S.380.01666(-)),a],A
n n in --iir LITIMY WHEREAS, Monroe County has adopled such, ati. ordi .a.we creat g Mot ioe CO I
an-A gran.fing " he power to do a,,ny an,d afl fli-It l
igs
V)Ian L,an-d Authorily ("MCLA" I t t necessary or convenleiii-tto carry 0-LI't-d3e, PAirposes oif'suefi an ordinance.: Mon.roe COU11-1ty Code, See. 2-397;
2-398- anid
WHEREA.Si. Min ro(..� Cou.1i,ty Jim,adopted a Rate, of'Growth 0,rd,ina,nce("RO.G-0-"),.asi set-1'6rdi, in
I "n 0%e ated purpoise of
C'Iiap-ter 138 of the Monroe County Laiiid Devel,ojprnenit C"ode. with the st Protectl g
Y
Ji P11-opetly in t1w ilyfrom ncaitura-I disiasiters, spiec'-f5waJilly including X. h,urricanes, b
'dei v4s,itors, waic COLII
res] nts,
I.ty to
co.,.-i-iiiii,i,,i,ei,isui�a,te;-w th 'the cotinity�'s abillil'
i inaiifirig t1w annuai]- airnaounfi and rate of res•'den-fial deve1opime.
m aiiii,irtam:a reasona,bie an-d safe.Iii-micane evacuation, cleararice an-d
WHEREAS, ROC"O piernlit alJoications wre C'Urrenifly' liti-n-Ited, bly- rulle pronui]gated 'by Horild,a.
Im its, per year for MOi'n.]-Oe COLUTty With-, an w"11tic-i'lipated
Adti-ilin-islrati.ve Code RLII'e 28-201.1 to! '19? per
-s -f)r th-e Flor4da Keys by t1w year 20;23-:b-tIdd out of all available p.e.-r-tilit ;I
. 2026 by WHEREAS,. monroe ouint y aniiend,ed its on pr h ll-SI've 111an, to exterid t]'i-at date to
s,I o w i ng fli e d i st rb urti oti rates,of R 060 perm its'as,set fortt. i ti 'F.A,C.. 2 8-2 0 Ji 4 0;ati-d
'WHERS!, ROG0. is itIIroII I I.teryten whe-el eqet�t i dividd 1-tito.
0111
ling pertilit appitica-ti
fluree tiers establisfiJilig criteria, f6r the evalluation; of rea] propert y for the bt,m6lid.*
pro-pertlies, -e designatied a, Tier H I pirocess, witilin Motrvtw CoullIty. 11-w rnost high]y developable in.fi 1;1 a-T
Propei-fies. M on.-me County Code Sec. 13;8-28� ari.,,iid
vvith
Y 0AWIC
'WHEREAS;,there e r ar curen-fly approx ini tel aly 8,00-Oi u,ndeve l oped, i I d prvate- parcels,
it"I M-ed as Tier 11] pi-
over 3,00:0 of these Lffildevel'oped, privately o)Amnied: parcelsi des' Opel. miiroe
Cotuity;and
W "Ztate of
HEREAS, l, h d1e 'to tie 11.61ri-,mat iolls, Oil t he ntuilber of!RO(JiO, a1loti I icaollIs! MPloise d b.)y th e: S
fld" g pernlits. fior, a-11 of-flie ui-ndeveioped
ssue residential bitu! I Hori--&et, Moiaroe: Coiuni,y ni.iay be unabille: to i
pirivatel:y owned, parcel's, hi.,ii Moinme Cou; i!Y n d
Page 1. of7
-g
fini order to redilce, the poteni-Jal li-abillifty of Moniroe Cou-n-ty forprope'rty ri
nitli t'Y's, I ulf. vacuat'ori clear'-111ce clain,iis,and to admIlress, the coirrespiond,Jng paten-tial, unpacts o; -e C.-Oull i n icanie e 1,
i "tille to: offset tliw risk. of
u4nes, flir BOCC diesires himplemiet'it as many acqu-'s*t*'i i o i,ii prograni,s as poiss!
poi-tent al property tight chit an
WHEIREAS,BOCC haisi
A. O-eated the Less Tha,.i-i, Fee,Acqi uisitilon, Pirograillf1l;
B. C reated t�'il e De n s,i ty Red Ll C fi-on Proigra rn by il.n p I eirn e ntir i n g F u n d 3 16 fio r A Cq Ll i S;t i o n,
-e flie Density Reditletion C. Auth o rizecl the resal e uftt t p o elleve-n (11 lo vs,acqun -d t mder:
Hity of ow-ner to apply fir a. rate of gromll
P rog-r atTil wil-th,deed restrIctio-iriis that strippied abi
oirdunance (R.OGO)i afloeatimii;
I -f co it i -i -i c I ti rditiiiatiori of land
D. SLUpported land niaintenance,o miservia. on laind,s i-i d,-k�ig coo.
I ivi--oi-n-m!ental Land
rnainten.ance ta of vacanit conl.y ownied, laii,d ftarn Thie Mlloir lroe. Coitin y Et -i
.-ad va,lor-e-nil ftuid')-
ior 0, aka,'MCELM.R...J;L" a,noin
Managernent.and Restorat 'i Ftu,nd, (Fund 16 . I
I -t -i--f ivedby tlie COU.-Ilty
I
Supported acquisifil(r)i-i prop-avils,Itelated o grant utiduil rece
iiii,clud'ing buli- not lini-ited to:
Comi-n-unity Developi.-ii.eni-t Block Grant(CDBiG.')'
6. Hazard Mitigation Grar-a Prograni(F.lMGP)(ci.irre.n.flfir. 'n appficalii oin! w'..th,,
lF
l - developillg appi ficat i:on.$)'Flood Mi;-tt!ga,io!ii.A,s,.si l,ai-
-sice(FMA.) progr at ni (cut Irently
As,'we 111 as
F0. ALItIllortzed Gotillilty atid'MCLA slafl.Fto coor(lin-ale, wifl-ti Stat.-e Departm-ienit of
of Ecoiri,ovnic OppiOrttmity (DEO) on
E.-.11v I IF011111 LTltal Protection. (DEP) ai,n:d Depa-Anrient
M ; . . enl and
Oj 11 2.0 1.7' e-n-iiiorandUlD of Agreem!
Flod.d.a. Forever pr "ect properties, by
in fidentialits Acknilowle.d.genlent for t1v Florida Forever Keys Prolects, llocaitec'l in.
nd
Monroe Cou-ntry,as arnie-ri,ded,for th e 2 filme on. May 20,202.0i: anid
11 Aj -ty WHEREAS, the BOCC wo-tild filw: to real a, progratii to C6-nji,a.11 ze the d'sposi'doti ol Dieli-lisi
ights, and would li`ke MCLA staff t-oi he pi crea-tit and: aidim iniste'J",
Red'L[C'0011 L.015, WItli,oull". devel'opnieriA r.'
A
th ait prograiri-il;anu
WHEREAS, -the, BOCC also;desi-res to cm,it i n ut to work coope-rallvelly with tlie DEP-to; pu,rclia,se
ing ei!iiv-i-i,oi,,i:tli.ieii-ta,;I'lyI sensilive
Florida Forever: Rr perulies in the; Florida Keys R)ir the pult-poses of preserv*
I( . -its
lands and .1")r t1ille PUTPOses. of reduicing the State atrid Coua,-nity"s, ploiten,'lial expoisu.-re to property rigi
c -in - aii NOW TlIEREFORE.,,the parties agree as f,`ollmvs:
rporated hereini by
SECTION I The. aii.biove recitalls are 1JI'Lle, and correc-1 ai,,,i.id: are irico
tration of acquisition.
'I ids Agreemient 'to addresss progranili ad.nri.iniis
rell"Orence,, e parflesi iiriltetild 1`�r.)r til'
bed bielow.pirograi,ifis descri
TION: e In-te-r-locall agreemeiiii-t biet"feen MGUA, and BOCC dated Octoibier SECTION2, � .ADOP
een,wjit s,11a.-Jill have.
'I% 2016., is,h.emby reapealed, and ii-eplaud by thlis interloca-l! agre-ement. Tfi;is agr
e in I Cl,.A s,hall 'be authoirized, to begit
ws e d, fimpl' ei i:-u i,-Jon., S-itai--fing on August 22, 2021 1! the M
a. p 11
.Page 2 of!7
1:1 Fin:p.11,etmilientation and managemei.il of the, prc)grarns, set forth in Section, 3! afloiig mthi access a
US-c of t1iie. vehilde set f t in Section 8, herclln� fi rce ni•lainder of thi'S agreemenit. shall, becorne
el"fective as of October J, 2:0211 7hiis, agreei:7ii.ent shlall to ni.iiialc upoin ter,.i mnatio.ti of the Florida
-t. 1.11� un.1-essi tertTii.iniatc-d eariter according tothe tertli,s,
Keys Area of Crit"ca]. State Conceri des,'gna
ofFtfi.iis agrec.rnenil,.
SECTION 3 - PROG RAM MING:' MCLA"s, adii-ninistratioin will: '11,11CIU,de: grant inizanagetnei-ii, of the
d.i im s!') `iiicluldhig, but-tilot hud-tedl too seller and/oli.
BOCC 1,iiroigrai,tiis, outfinedbelow (hereinafter the Progr,i
't ,e prod,tacts on; bichal-f bt lye r coordinatiolt 'till C9011 cat'llilig Piul"C"base a-fid sa]e aig-tvenients: o..rd,eti1-1.gdue dililig
ts and.
env i ronninienta I as sess,ni en
oft.-Iie BOCC iti-cluding bult riot,, finiiiited to appralsals, biouli-Iclary, S1,11"VeYS.
'i miril, .err -')rd cr i ng c 111 osi aniy other itii.sip ecti-o ns trequilred Hri.oil-der to; Calcilitate the BOCC S acquis x. 't c ing services',
'It - -I bc-e MCLA staff shal n bel,ml]�` o;F the B!O:C( Tlh tifle cornn,illm.,ienas, all.d. titt I e in.stctran,ce policies ol
W
s, agreen.i.ent,
re,s,�,).oinisible f'6r prepar i lig a,1111 agei.-i-da items necessa,ry 'to accomphsh, the purposes of th.''i
W"
-al. MCIi..,.A staft'shiall c(,,.')ioi.t!-d i.n ate: til..1,
1.1.0.1. hill'ited to agenda iternis: requilingy. BOCC ap,1)rov
-f flie BOCC jporfion of the �,,,tgreirida- Lznds
BOCC s1a:ffas, to Pilaceinent o i.i: t]i.e appropriate segniiien,t al
aicq tii i red u n d er s,a,i d P rog t
g.'ratms,shollbe Purchased. wit1i J�"Uti!ds,froni either dii.e BOCCor thie reti�eretxed gra.11,x1s"1111p;
Prograt,�i,vs an,d. s1m,11 be titled ire the BOI L MCLAs, sha-11 InCl Ude land. stewal,
-e suited for n,iia.n.ageni-etrill as,
activities, pitlirsuatit to Progran�i 1V bieflow w hien tht, acquired properties a,,i
;d Pro- rt a CLA's
311 1 acq.Ul I.1'e.conservatimi lat-,id, Oth-ermsc%, the BOCC agrees tro f1la ta'ti thie pc ies n.4 Mi I
adtii't-t*mixat'mj i -.0 �.;t
.S 11 a,111,j 'Irl,C I ud e coordinatlin 1, 1 1 1 1.- I I g wi`lih BOCC sta-ff (Fac 1 14'es, Main-1 nance 01. PI; JeL
vium,. te. when,needed.
I OW Mana,g,-Lwn,.ietit)regarding inlaintenan,ce ac vi-fies stichii as tii ing.,trasli. t
PROGRAMS,:
SIA -I progra�..Ill L Less., 'Than! F'"ee Aq fisi.fion rPrW. .mind. 'mis lis a less than F6e acqui ,..''I.01
.................................................................... ................................
t wheir the subject lot 11S. OwIled 'by I.he
o. irehr t e; he: righ t t l
s o buid. dwefling un it s., i t]e
a I -d Resolut-ion 1175
d oi-
jnti.n-g h. rneown
ioeir. The program was establ'she , by BOCC
2018,and am-ended by BOCC Resolufloins,438-201,8;atid 063-2020i.
III' I As1-tyRdti,oAW ± !Am.- Thi i a,f6e "I
mlqui..itiot,•pirogra
fbi,jr those lotsi that: are not suited f6r iii,m`,.niagen,iient as, coins ervati-on., landi. The
d .
program: was es-tablishi,ed to ret1re the rights, to bui Id dwelling units on. s ai 1 lot's
1111 riSIKInt to the 201.6I Interlocal!, A.gree-iii,e rill:'�)!e:tweeii-i,. MCI,,,,,A, and the BOCC,.
111.1. -D ez,n s it T Je Pro ra-in: A, to resell. Density Reduction Lots
..�.�it.- R,e:dLI,Ct:on R,es,a
1011S
Oolts niot suited -for tminagesaienrt as,conservat l and •oni-. l tbject to;deed mstricfi sL
Prohibiting devel-optnent mith. d1welling U n its needs, to be f6rn!i,a1Jy estab l"s hed
'The Board leas
criterla and processes as, Provide(I for i n. FP.Si-� 112.51.35i(3).
j,)reviously apjip lip. ved of ofl`eri nig el.leven Diuck. Key lots fOr salle through
Resoltifion, 379-2019 anid 112220!21ihj neitfier tvs.(,)1'u,tio!-n con-te-mpliated or
aud or. -.ed fOrt-h.er difl.).-olsi,flotisi.,
i 'mom..Coi-niservati-oin La-ii-i-1-d St!c w-ard s h. _Em - "I'his, is a prograti-I., nage
ironimei..Fiita], 1, n d Management
s ig fie Monroe County E nvi a,conservation I an d s t,�it. t
aloi rni ffind nd' R,estoratjion! Fund (F a a ka, MCELNR,F a re), noinilmad v L
J on I.esta kill ssfied jun-suanit to, BOCC ReS011111"101-ti 112-20:04 a,i.!i,..d BOCC Resolut'
11.
2010. Said �m,,Ws cotislst of cot-i,s,ervabon land,s: ownied by the BOCC,
coiti-siery at I ono I an d,s leased to the B1.!OCC by thie Boa:rd ol-11"'Trusitees, of thic 1n,1'ernal
Piage 3: of 7'
7L -i -tate ot"Florida, anid c(mrisemation 114-nds owned
I fflprovernen.,I Trust F u,iid. (,,)f tl..e S
by M.CLA.
V. J)eye topljellt. BJ(..xi-k. Graiat Disas,ter Reco, rn MG-DR.)
Y e
ry'..1661 Lit Rrog'raxni :s a. prog ratini to puircIiiiias: m n,d deniiwfish Oi 1!ut otne..Bu i yo
re the
rtn.-proved pr opertlies that da:n:ii 4aged d uri n,g I I iii-r i cane I rn.ma. and,to. acquil
ons, sumit te
r BOCC Re io solutn 1.50m2020; 11; eIr e ly
associated ROGO ex.e-i,-n,-pifl pu:r
'be
prc)graiill nASt"I.I e iiii ded on -M-arch 1 1 T� 2021 Properties acqUixed uinder thi
open i space -e�-re:a-!!-i,oii-,i,o!rst!,o!,t-,i,iiiwati,�e.i,;ii-i.a.i-ia.ge.j-!n.eli'l,-t.
n3anitain d f-br
a VL I lazard -M!]IItjgj r o;n-G- ia-tit Prqm.111, (HM _a_ui.�, 'D t andeni,oil on,. IiJs is
...........
p imna tiv.grain -to purchia. e ai,nidi deniolish! irnq)roved pmpefties thiat web:re d'. -gedi
during Hurricat'je: Irrna..., to, acquIre t1i,e associated ROGO exeniption," ai,id to.
m aiintain Illie acqui ired: propetrues, as open s,.j,,).ace., Th.e. BOCC au-thotized
- eni gra JUJY 18,2018(11 D-4).Lilbi,i,!n,it-t"it,-ilg4-ii,,gra,ntappl'cat*oij-if'br-tl.--i!,,ispt,o uno'n
VIL! Flood, Assistance ;-N A. 'S"tion ai,! Demiiid o:I i ti.on: Th i s i s, a
I n (F
-i i impro i were dami.aged
program to purchase and de-n'tol"sl ved pl-opeirties dtat
d u r*n. - 111 7 ven .1 re mted R.01GIO.
I., ig Hlunr*catie Irrna oi-r othel ood e ts, to acqui , the �,i,ssoc
exetilip-doi-11". a-nd to maiiiilta,ii n -t,hi e a" ire propet-ties as open, spact. 'T'he BO CC
atlitilloirized su.bin it- ng ai.graint-application 1-7or this,program on May- 19,2021 (It el
K.
th 11or'. ni;ent of VIII. Florida Forever P=Lan-i,..; MCIA wifl, cooirdinate wj Wa Depart
..............................................................................................................
Env iron.m entz] Prolection (DIEP) mn,d Departrnient- of Econimi,nic 0-piploitlu-nity
( ding th-e State"s acquisilioni of! property wIthin Florida Forever DEO). regat-
MCLA w H I sierve as the BO("C's agent 11-1i Uniplenienfing the 20117
Meniora,n,dunii, of,Agreei-nent, as,subisequently anie-nded,, Iiietween Monroe Comilty
and theBoard of Trustees of the Intenm!] Iniproveme-nt"I'"'t-u-st FLInd,of the Staite of
Honda and wil]. as,sist DEP in idenitIfying w1flinig seHiers withli,,li. H.orid,a Forevez
1:1�71. W 11,g;
Nothin.g.. ini thi agreenrient shafl. prevent tht MCLA orki..
P!r-(.))ects,. 'It I
c 1(1.S; id y wth, fliI P e 1.)E on acquis ition-S of qUialiifyin,g Propeft un er the 0operativeli i k existitig stat"u-ifires!, re Ii gtailai.tioins,, and ordi-nan-ces, governhig1and acqUiSil o is. by both.
enti-files..,
-11 d i t ing
-es, and -it,handlie ttw financia,11 ser�dx,IIIUe to
s'Ecrt,ON 4, - FINAN(_`JN'('m,: Tlie BOCC 'will, con-Ii
VII& ay ti-,i.e iri
Onzit,i;ding, but 11,A)t 16-flited Ti.ol.,
biu;dgefi PLIt.-c,],i<i,si,-tig/b-ids/`'p�-i�o-cure-.jTii,e,.I!I't.. I It 'to vendors and
),j,)!IJ!cants,,, an.d audifing) for the Prograins, refieret-wed above. Thie cui-reirwirt fi.�rnds, iticlude: Rund 316
ronnlelltal I..,and Maiiageiiient ai,!A Rest-Drat-ion Fund
Acquisition Ftiin.,dl.; Ruld 16.0; Monroe C,ouix.nty 1-`zwk
(M'CELMR,I-N)- CDBG'^D'R� [-I.M'G`.Pi,' and FMA... Jlie Clerk of thie Court will C011-tiflUe tO iSSUe vendoir:
ing aii payme'nits. artd BOCC F"IT playroll. Tht Clierk, will i,,,naintain Board fin-ancial sta-ternents incittd,' P inua-I g
stingle atid'it'repoirt m.-i!:d audlt fun.ctilorni of BOCC.,
SETIONS EM''PLOMEAT- ThejJoItioI,I, rel"OTNICd, below HI beBO (" payfl positioi-I and I
Io
the, xten't not. Ninde bytf i- fie enc gm,its, w'11 be de t BOC, lot,igiiie jersiS.
within the. Poisitions, reiiia`n emi.P.Ioyed in. timt POSIii I.-Imi-t Sudi.) shaIj, 'nclude all"! anic-i'llary
Ice space, tecI;in,oiI(.,,);gy, cel''I phot,i:e,ncludhnig, but i�lioit linitited, to; oilt"I"
futilding niecessmy fior, sutch employee, i I
Ie,(S)i neces-sar to Irn le pnl.-enit earl; p osition.: ddi At ioiiafly
insti-rance beirit-fifts, i,4� o-rement beniefits,and vehiL Y ,
-n!e expe rrL I th MiCtAi EXMI'tive Di' to thie extenit- possIbIe,. N HII bil le girant, Prograi,niiis tl-�br tii, Wed by the
'Page 4, of;7
-ector., Whei.-ii grant- funds, are no lotiigenava.i1abile 'to fund persiont,w] services,.,: BOCC MC LA EX-eCtlfive: Dil
W
01 co-tiiifin,ue.to J`ut,id-the poshr.iotls, Subject t(l)al"I.-itilittal appropt-411allion, uin,lessi oithiet"WI-St"ta,greed to..
S'TA-11"FING PO S.IT JON'N LJ M B ERS.
. I
Lartd Steward GM(JIM-00.5
Lan,d,Stewar(:1 Assi,stant GMENV-020i
Newl"'TE LaTid Steward Din-ployee TBD
. i i -i . . iiiageir GMRLN�032
Mil t i gati.oi-nA d tii in i.strzi-to r G MB L(3�.()5;13:
'Th,,e positions li'listed above wi 11 be i.,nanaged, by L,,uilid: report to, the MCLA Executive Director, accordl!nig to
me, as ures: (PPFJ-'),, as, ti,i-ay be ai.-n.i-L.idesi an. --c wn.lded I on-i tirne to 'k the B;0CC adopi-ted Personni-el Poll d Ri xed
resipondlinig rLii]es. an.d, reigulafilon.. In. the c well as thie, Career Service CottilcH Act and cor ase of any
'the, Exectitive Director sha.'111 be
SU,Spension,! d4scharge, reductioni hrii pay, or deirno-tio n of such, e-ilriployees,
apl.piroval witi-Ii. a review by tl�i,e. Et'niployce Se r vi c es Director: and
reqred to obtalli Cotjnty- Ad-1-ni'll.listraltot
Coultity Attoi.rneyto assure the Executive Director-f 0i I I owed t.-fi,e PPR
SECT"10N 6:
An a lY new poisitlot,iiis that wil.11 be added willil 'be M.C.I.,A polsili-onsi,., If',, at ny tilnxie,, atliy Of t ellilpiloyeesi
-oin -t wi-th
oisitioi,'i or separates fi n. erinplo)�'irient occuipyilig th.e: pois-itionis listed abiove leaves, th,e p
Nl loyee,and, 'MCL.A. wHibe.the
p:on-roe Cottnty, t-liw positiloin wi l.] froffil flillat poitit 176irward be an M.CLA etn'I I -k "1 1' thtoanri,erid, thi elliplJoyei,ir for a1l. purposes, for that position,!;- In.this cas thic pialltles W111 Woid In good A.1i IS.
agreen,wn't to-f Imid.the position approp ia e o ogran i
I. It ,.1 -the p1j-,
For each of' -the five (5) positions fisted za.boive, wh4le tht pioisitlon isi field; by a, B!O.CC. ernpiloyee but
BOC rnianaged by the MCI,,,'.A Exmftive Directorl, MCLA. algrecs-to inde-nii-n-'fy aind, ho1d hiat-m1essIl C r
.a.!,ny an id a 111 e-niployment clairnis: filed. 'by t-he emp-Joyee arising out of the enliiploy,-t�nent., i.n.cluding btiit tiiio
-t of federa-1, state or toical-111,lin-iii-ted to: wo-ri-kers" coi-iipensation.; unL2111PIOYDIellt'� aiin,d an,y clairns: arisiiig ou.
lVwT gi o 1thnie Re' hoabilgviolation-i A, i�� er ic ,i j th DIsia b1lifieA nd 6" le n
11, d 0 ltaonA 17t o xtentthcosts, f'suh tai-niecdanye-ity, The ternn "claini!" shall ii-idude lia'b'fi ifliSU,rance coverage provided to:the MCLA thr-OLIgIll th-C CO-14 Y
oir poten.1Ja.!,l liability t1`(,,)ir,wa,ges at:iid all', ofl',it:r fiortnas of darna ges,as well as,attorneys' f�es arid cosit-
-t diis S,ecfloitriii. the
As. lotig as, B0,(7:C fuiiriided emiployees, are assigned �voirkr. uinder thie M('.,,I,,,,A pursuan, -.o , I
par-ilries shialil r view t,hiss sect' of each, year to deterrn- ine if aiv BOCC funded toln. no, later thlati, JU.1Y J
"T"he Pa.-r fies shall wo rk. c ooperat'vely' to seek any
tra-fii,sifioin-ed to the MCLA.POSTA11.011-S sli.liotlld b c
tZI nd' -d i are nzeessary to form.alize the
legisit-a-tive ctiiian.gesi, to the MCLA etial.fling S ..tut.e a. i/or: ot. fitiance tha-1111-
A I I lie MCLA.
tranisfer of tht BOCC f'uii,cled. posifiot,is ati;d piro�-ra fl als to;
S;1�-,".CTMN 7 - GIS SiERV1',CES,-1. "T"he B:0 C C wl fl. p rov I d e GIS services rela to ]!and acqiLiisttioni, nd'
access and rn din fenian,cc: of related ('14S Ilaye 11-n addlition., thi-t F3,0CC will confilntie to suppIrk and
-n -i-ii tdi!-ig '16. ilot ["imited to;
pt-ovidc access to sy'slerns,', fii I es, and data. biases to -suplioTrt tie Frograt, s, -ch, A. u t ii p
ti t an J -F 'rectotles. and per-n-i*t6ng sof -c.pl! tft .1-115 A-1che-uny,(..,oj.,t,i.rnumtY Pl,!LJS,, cou ..ty data seir,vers,le Ad., He dH twat
1-trive Nrector provide the Execu.
REC TION 8..- EXECUTIVE DIR.L�crOR,VEHICLE- 161-ie BOCC',!; �efll
W I'th LIS L�0 f th e 10 01/93.814 ve hi i c I e. he v eh i c.I e c ove red i iiii th.i s i nterl oc at a. uenienit will be ma*iI'itaiti-ed by
&Y re I I . I
-()gr -wl ich provides benefit , s-uch a
tile Cotti-Ity fleet 111iatia.; S genwnit atd lticktded itri! fl- . replace-niiiet-It pt ani. .11 ST:
'Pa ge 5,of 7
-eph coisl of
will pay the county's, annual. repair, ai.ncl Iii , &btillik Piti.rchlasillig. The MCLA il I
the vehicle,estiniatc-,,d by the bUld,get affice;by in-voil,
SECT10N 9-M.-I SCE LLAN.EO,fix
S:
A. Modi-fications to this Agreeli-i-ent sha-11. be; al id.oirdywh-eni redliCed 1'o wrifirig and,duly-
f-this Agrectinent shall be, invalild, oi-
signed by ailt pa-irfies. If aiv ter-niii or- provision oi
t ig terrnis: atid,
s aigree; .0 co Luilcii-forceable to willY extent, the i,)ia,rue itnipily with. th-e ret'nainit
lons,� Lin ith dilt rei-iiziiiiimi s a Provisloills WO! -evetit the
pt�ov i S, lless cornj,)IJali-ce w* g terill nd : ti.I d. P ii.
,ace.otiip,l't-sli,ii...iiieii-t of the c.),rigitia] of t1lie agreeiinent betwee i. the Parries. Eill-her; 1),arly
11 or wlithout sh!all, take m-,c,i-y 'te rnil n ate this,.Agreetnieiil at �,I,ny thme,, will,
eliTect tipori- recenpit ofimillce-ji ri,olificatim,i,by a,pally to;tIlle other paTily.
i W rt 176 ti I'B.; N'otl-filcationl uviiiider this .A.greement sluill' be mad' by 'liand deliveryi, US,, ce. . it :a
; ' fi r fttrn, reip i.- quested, oranxpremllif With .1)-oofof dieI ivry. Not I calI oi.i 'byapay-i sh-all be delivered as, i lluw'S
Monroe Coun-tY Admin-i-st-,rator
'I 100 Siiiiiim toziii Street
i
Key West,, FL 33040
Monroe CountyAttorn.-ey
'Key 'We-st, FL 33040
-ithorl-ty Executilve.Director Momiroe County Comprehensive Plan. Land.A.t
1200 Suite 207
Key 'West, FL 33040;
Gregory-S, Oiropieza., Esquire
Attorney foir:Monroe County Coniprehe-tislve Plar�; Land AtIthori-ty.
221, S.iii-monto-ti, Street
Key 'Westl: Fl, 330,40;
i-enizinder of di'visi page is iii.-tention.a.11--ly bilati-k]
Page.6�:A'7
WITNESS H ERR F. the pa rt i es hereto Iiave c HLi SOd tli i s Agreernem to be executed by their
111erCtO duly a L1tl1 riled+
E IN MADOK.CLERK MON ROE COUNTY BOARD OF
COUN'FY COMMISSIONERS
A , &13 : aBy: ovo
As Deputy ylrk .� . � - Michelle Cold i rots. Mayor
A;,krf M� ��� Approved for legal sufficiency for reliance by the County Commission only.
a Robert B. Shillinger, County Attorney
Di9pta III sigrtiCd by Robvrt B.5h iLlinger
DN!cn=Rabat B.Shil1kn9e r,o=Monrim Lour,ky ROC C.
Robert # Shillin r n u=Mon roe Cokjmt�Attorney,email=shi II irigcr-
bobQmonra C0UrLt•y41-g0w,c=US
Date:202).07 23 15 NOS 'OIY
N E COUNTY
tom, ----- COMPREHENSIVE PLAN
` Off s*00 [-AND A LJYH OR IT
y. G By,
liar]es G. Putt ison, E ecul i ve Lei rector [ iv id P. ice_Cliairman
1-%& 1 MOVED FOR LEGAL SUFFICIENCY:
Gregory S.OTOpeza. Esq.
. •r/ter y
` C
S
� F
Noe 7 of