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Item O2BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 16, 2011 Division: Monroe County Housing Authority Bulk Item: Yes x No _ Department: Housing Authority Staff Contact Person/Phone #: J. Manuel Castillo, Sr., Executive Director AGENDA ITEM WORDING: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS (BOCC) OF MONROE COUNTY, FLORIDA AUTHORIZING A BUDGET AMENDMENT TO THE COUNTY'S DISASTER RECOVERY INITIATIVE 2008 TROPICAL STORM FAYE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, AND PROVIDING FOR AN EFFECTIVE DATE. ITEM BACKGROUND: Monroe County Housing Authority on behalf of Monroe County secured CDBG DR 08 FAYE funds in the amount of $2,488,963 and $838,818. The Monroe County Disaster Recovery Housing Assistance Plan provided for a Key West set - aside. The City of Key West by Resolution is requesting the set - aside be for acquisition and rehabilitation of eligible properties and a budget amendment be requested from DCA. PREVIOUS RELEVANT BOCC ACTION: BOCC Resolution 384 -2009, BOCC Resolution 020 -2010. CONTRACT /AGREEMENT CHANGES: Add acquisition and rehabilitation strategy to budget Key West set - aside. STAFF RECOMMENDATIONS: Approval. TOTAL COST: NIA INDIRECT COST: BUDGETED: Yes No x DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: State of FL DCA REVENUE PRODUCING: Yes o x AMOUNT PER MONTH Year APPROVED BY: County Atty ' OMB/Purchasing Risk Management DOCUMENTATION: Inc] ded x Not Required_ DISPOSITION: AGENDA ITEM # Revised 7109 RESOLUTION NO. -2012 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS (BOCC) OF MONROE COUNTY, FLORIDA AUTHORIZING A BUDGET AMENDMENT TO THE COUNTY'S DISASTER RECOVERY INITIATIVE 2008 TROPICAL STORM FAYE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Community Affairs (DCA) has awarded Monroe County $2,488,963 for a Countywide Disaster Relief Program; and WHEREAS, Monroe County has been awarded an additional $838,818.00 in Disaster Recovery funding to be added to the current contract; and WHEREAS, the State of Florida DCA required a Disaster Recovery Housing Assistance Plan for the targeting of funding and to define how the program will work which was approved by the BOCC by Resolution 020 - 2010; and WHEREAS, the County's Disaster Recovery Housing Assistance Plan approved by Resolution 020 -2010 provided for a set -aside of funding for the City of Key West, Florida; and WHEREAS, the City of Key West by Resolution 10 -130 on April 6, 2010 executed an inter -local agreement between the City of Key West and Monroe County; and WHEREAS, the County by Resolution 384 -2009 authorized the Monroe County Housing Authority to administer the County's Disaster Recovery Initiative 2008 Tropical Storm Faye CDBG program; and WHEREAS, the City of Key West by Resolution has requested the Monroe County BOCC to modify the Key West set -aside to permit an acquisition and rehabilitation activity which will require a budget amendment of the current contract; and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County Florida, that the County hereby: Authorizes the Monroe County Housing Authority to prepare the necessary budget amendment for the CDBG DR 08 Tropical Storm Faye City of Key West set -aside to permit acquisition and rehabilitation. 2. Authorizes the Mayor to execute the budget amendment. PASSED AND ADOPTED by the Board of County commissioners of Monroe County, Flori a regular meeting of said Board held on the 16` day of March, 2011. Mayor Heather Carruthers Mayor Pro Tern David nice Commissioners George Nugent Commissioners Kim Wigington Commissioner Sylvia Murphy ATTEST: DANNY KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Cleric By: Mayor Heather Carruthers RESOLUTION 020 -2010 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA APPROVING THE DISASTER RECOVERY HOUSING ASSISTANCE PLAN FOR THE MONROE COUNTY DISASTER RECOVERY INITIATIVE 2008 TROPICAL STORM FAYE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ON BEHALF OF THE LOW TO MODERATE INCOME RESIDENTS COUNTYWIDE. WHEREAS, the State of Florida Department of Community Affairs (DCA) has announced the Disaster Recovery Initiative 2008 Tropical Storm Faye Community Development Block Grant (CDBG) Program for which Monroe County is allocated $2,488,963 for a countywide Disaster Relief Program; and WHEREAS, the State of Florida Department of Community Affairs (DCA) requires a Disaster Recovery Housing Assistance Plan for the targeting of funding and to define how the program will operate. NOW THEREFORE, be it resolved by the Monroe County Board of County Commissioners that the County hereby: Authorizes the approval of the Monroe County Disaster Recovery Housing Assistance Plan PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held on the 20' day of January 2010. 2 (SEAL) Mayor Sylvia Murphy Yes � - Mayor Pro Tem Heather Carruthers Yes r0 T• Z= r Commissioner Mario DiGennaro Yes 2 c7 A O Commissioner Kim Wigington Yes ; Commissioner George Neugent Yes =-` c r n C) ATTEST: DANNY L. KOLHAGE, Clerk B y. Deputy Clerk Approved as to legal sufficiency: Date: C BOARD OF COUNTY COMMISSIONETOF MONROE COUNTY, FLORI By:' Mayor Aylvia Mgrphy RESOLUTION NO. 384 , 2009 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF APPLICATIONS OR REQUESTS FOR 2008 SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT APPROPRIATION FOR DISASTER RECOVERY INITIATIVE -- TROPICAL STORM FAYE FUNDING, AUTHORIZING THE MAYOR AND /OR COUNTY ADMINISTRATOR TO EXECUTE APPLICATIONS, AWARD AGREEMENTS, PROGRAM DOCUMENTS, REPORTS AND CLOSE OUT DOCUMENTATION, AUTHORIZING THE MONROE COUNTY HOUSING AUTHORITY TO PREPARE THE APPLICATION AND ADMINISTER THE PROGRAM AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the U.S. Department of Housing and Urban Development has made an allocation of $81,063,855 of Disaster Recovery Initiative Funding fbr the State of Florida; and WHEREAS, the State of Florida Department of Community Affairs prepared a draft action plan for the use of the 2008 Disaster Recovery Funds; and WHEREAS, the draft action plan allocates $2,488,953 to Monroe County, Florida for a county wide program; and WHEREAS, 14% of this award or $348,417 must be utilized for activities that address affordable rental housing and sub - grantees are encouraged to work with public housing authorities or other qualified non profits to accomplish this requirement; and WHEREAS, eligible activities include infrastructure, public facilities, business or commercial activities and housing; and WHEREAS, the infrastructure, public facilities and business or cofnmercial activities can only take place in low to moderate income (very low and low income) service areas; and WHEREAS, award recipients cannot use this disaster assistance for a project or activity that was undertaken prior to the Presidential Disaster Declaration; and area; and WHEREAS, housing is an eligible activity that does not require a target WHEREAS, the Department of Community Affairs Action Plan requires that funds be made available countywide; and WHEREAS, the application for grant funding is due December 15, 2009. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County Florida, that the County hereby: 1. Authorizes the submission of Disaster Recovery Initiative 2008 Tropical Storm Faye applications or requests for funding. 2. Authorizes the Mayor and/or the County Administrator to execute applications, award agreements, program documents and reports and close out documents. 3. Authorizes the Monroe County Housing Authority to prepare the applications and administer the program. 4. Authorizes up to $'10, 000 from Fund 100 CDBG Program Income for start up costs associated with preparing the applications and preparing a Disaster Recovery Housing Assistance Plan and inter- governmental agreements for the Board of County Commissioners approval. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held on the 21 • day of October, WE Y L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONER OF MONRO COUNTY, FLORIDA B) : BY: Deputy CleTf Mayor George Neugent Approved as to legal sufficiency: Date: COUiJ'y — r0 - ..�Y /PRO D AS �EORO J. RCA O0 ASST STANT ao TY A.TTW 10 Cloy 2009. cr. L7 1 V Li _ -' 1 - /rt w Mayor George Neugent Y es ct_ I Mayor Pro Tem Sylvia Murphy Yes — c� 't o y^ 1 1.. l'_ ? Commissioner Mario DiGennaro Yes _ ,,_ < Commissioner Kim Wigington Yes mil, C=p Commissioner Heather Carruthers Yes WE Y L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONER OF MONRO COUNTY, FLORIDA B) : BY: Deputy CleTf Mayor George Neugent Approved as to legal sufficiency: Date: COUiJ'y — r0 - ..�Y /PRO D AS �EORO J. RCA O0 ASST STANT ao TY A.TTW 10 Cloy STATE OF FLORIDA —� COUNTY OF MONROE This Copy is a True Copy of the Original on File in this Office: Witness my hand a Offil-i -al Seal. This — ...... ---- A.D., 20 /Ctcrli by n.e. Community Development Block Grant Program (CDBG) 2008 Disaster Recovery Housing Assistance Plan for MONROE COUNTY, FLORIDA Prepared by MONROE COUNTY HOUSING AUTHORITY For Monroe County, Florida December 4, 2009 'F I. INTRODUCTION This plan is a guide for operating the housing rehabilitation related aspects of the Monroe County Community Development Block Grant (CDBG) — 2008 Disaster Recovery Program. The responsibilities of the homeowner, construction contractor and the Housing Rehabilitation Specialist are specifically addressed in this plan. The major focus of this plan is on housing and rental rehabilitation, demolition /clearance and replacement of dwellings. Relocation of households is also covered to a limited extent. The Anti- displacement Policy should be consulted if displacement or permanent relocation becomes necessary. The goal for the 2008 Disaster Recovery CDBG program is to rehabilitate substandard housing and rental units located in Monroe County, Florida, and other jurisdictions in the County desiring to participate, and to bring them up to a minimum acceptable living standard. This standard is the HUD Section 8 Minimum Housing Quality Standard and the Florida Building Code. This goal will be achieved through the use of CDBG funds to contract for the required rehabilitation construction. The rehabilitation units to be assisted shall be owner - occupied or multi - family rental units leased to eligible occupants. II. DISASTER RECOVERY TARGETING 2008 Disaster Recovery assistance is being provided to assist income eligible applicants whose homes sustained damage from the 2008 tropical storms. To be eligible, the residential or multifamily structures must first have sustained damage that remains un- repaired at this time or secondly be required to connect to a centralized sewer system. CDBG funds may be utilized on homes that did not sustain damage if hook ups are the only activity. All FEMA and insurance company settlements must be utilized first to repair the structure before 2008 Disaster Recovery funding is used. A. Priority 1— Special Consideration — Storm Damage Monroe County, Florida (the County) will give special consideration to the unmet housing needs of the elderly, people with disabilities and persons living in poverty by an outreach program designed to solicit program participation by providers and individuals. This outreach will take place before any other funds are advertised or awarded. Subsequent outreach will be in priority order. Funding will be limited to $90,000 per single family residence, $50,000 per multifamily unit, and $30,000 per care facility bed and associated administrative build ings /faci[ities. Eligible applicants will include individual property owners, not- for - profits and government entities. B. Priority 2 — Single Family Structures- Storm Damage Assist all single family structures occupied by income eligible households who qualify for funding on a first come, first serve basis. C. Priority 3 — Affordable Rental Housing- Storm Damage Assist affordable rental housing occupied by income eligible households who qualify for funding. At least 14% of total funding must be targeted to this priority. The County will work with Public Housing Authorities or other qualified non profits to accomplish this requirement. D. Priority 4 — Sewer Lateral Connections- Mitigation Assist all single and multifamily structures occupied by income eligible households who qualify for funding on a first come, first ready basis. These structures do not have to had sustained damage from the 2008 tropical storms. E. Priority 5 — City of Key (Nest Set Aside - Mitigation 25% of funding available for Priority 4 will be set aside for the City of Key West since they will be unable to utilize sewer lateral connection funds. This can be any mix of single or multifamily housing funding. The City of Key West will also receive priority for any additional multi family funding received above the initial Grant Award. HOUSING REHABILITATION OBJECTIVES AND POLICIES A. Objectives The objectives of the Monroe County 2008 Disaster Recovery Program are: To encourage the revitalization of low -to- moderate income neighborhoods through a Housing Rehabilitation Deferred Payment Loan (DPI_). 2. To remove unhealthy or hazardous conditions in low -to- moderate income households. 3. To use Community Development Block Grant rehabilitation funds as a catalyst to encourage residents of low -to- moderate income neighborhoods to improve their community. 4. To preserve existing housing stock. or replacement of substandard housing. 5. To enable low -to- moderate income families to rehabilitate their homes by providing financial and technical assistance to those unable to obtain private financing. 6. To reduce utility costs and to improve the comfort of low -to- moderate income families through weatherization aspects of rehabilitation. RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF REY WEST, FLORIDA, AUTHORIZING THE ATTACHED INTERLOCAL AGREEMENT BETWEEN THE CITY OF KEY WEST AND MONROE COUNTY FOR COMMUNITY DEVELOPMPM HLOCX GRANT (CDHG) 2008 DISASTER RECOVERY INITIATIVE; PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, AS FOLLOWS: Section 1 : That the attached Interlocal Agreement between Monroe County and the City Of Key West regarding CDBG 2008 Disaster Recovery Initiative funding is approved. f Section 2 : That this Resolution shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the Commission. Passed and adopted by the City Commission at a meeting held this 6th day of April , 2010 Authenticated by the presiding officer and Clerk of the Commission on April 7 2010. Filed with the Clerk April 7 2010. CRAIG TE , MAYOR ATT S ; ^ ci STATE OF FLORIDA, COUNTY OF MONROE, TY OF KEY WEST I copy is a true copy of the public record an CHERYL SMI , CITY CLERK fn jnthis Vice. yyftn IV I s day of 20 f ur FL Cheryl Srh1th, Clhr fork INTER -LOCAL AGREEMENT BETWEEN CITY OF KEY 'VEST, FLORIDA AND MONROE COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT' (cim) 2008 DISASTER RECOVERY INITIATIVE', THIS AGREEMENT is made and entered into this c day of _, 2010 by and between the City of Key West, Florida (hereafter "City ") and Monroe County (hereafter "County "). WHEREAS, Chapter 163, Florida Statutes, permits governmental units to enter into inter -local agreements to make the most efficient use of their powers by enabling them to cooperate with one another on a basis of mutual advantage, and WHEREAS, both the City and the County are authorized by general law to provide for the liealth, safety, and welfare of citizens within their respective jurisdictions and now desire to make the most efficient use of their powers by entering into this Agreement to serve their mutual best interests and advantage; and WHEREAS, the County has applied for a 2008 Disaster Recovery Initiative Community Development Block Grant (CDBG) in the amount of $2,488,963 from the State of Florida, Department of Community Af lairs (hereafter '`DCA ") to be used for "disaster relief, long term recovery and restoration of infrastructure, housing and economic revitalizztion in areas affected by hurricanes, flooding and other natural disaster that occurred during 2008; and WHEREAS, Monroe County intends ro make the funds available county -wide; and WHEREAS, an inter -local agreement is ruquired if a CD13G funded activity is outside the . jurisdi4tion of the applying laczl gov(:mment. NOW THEREFORE, in consideration of the mutual covenants and obligations contained herein, the City and County hereby agree as follows: 1. Purpose. Ilse purpose of this Inter -local Agrecriaent is to coordinate the distribution of the 2008 C1320 Disaster Recovery Initiative; (hereafter "CD130 -DRI "1 funds for the benefit of both parties and establish the jurisdiction within which the County is authorized to undertake; disaster relief, long term recovery and restoration of infrastructure and housing and economic revitalization activities. The Application for 2008 CDBG -DRI Funding, including attachments and supplements, will provide funding to eligihle applicants and properties countywide. 2. Administration The County will administer the 2008 CDBG -DR1 funds in conformance with all applicable HUD requirements, as administered by DCA, and as delineated more specifically in the Application and in the Grant Award Agreement between the County and DCA. The County's 2008 CDBG -DRl Award will be managed by the Monroe County Housing Authority (housing Authority). The Housing Authority may seek an outside firm to perform Project Delivery Services. 3. Term/Ternnination The term of this Agreement shall begin on the date of fling an executed copy with the Clerk of the Court, and shall expire as of the date the 2008 C13130- DRI agreement is administratively closed -out by the County. 4. ,Jurisdiction. The County is authorized to disburse 2008 CDBG -DRI funds in accordance with 2008 CDBG —DRI Grant requirements within the geographic boundaries of the City of Key West, Florida to eligible recipients for purposes of disaster relief, long temt rccovc.ty and restoration ofinfrastructure and housing wid economic revitalization activities. 5. Consistency With Comp Plan. By accepting 2048 CDBG -DRI funds the City af't?rms that all activities undertaken and funded with 2048 CDBG -DRI funds we consistent will, the C'ily's Comp1 ellenslve flan. 2 G. Notices In the event either party hereunder Jusires or is required to provide any notice to the offier party, the party desiring or required to provide such notice shall provide it in %Thing, send it by certified trail, return receipt requestLd. postage prepaid, to the other party at the address listed below: If to Cify: Rio Scholl, City 1 1%4anager City of Key West, Norida 525 Angela Street Key West, FL 33040 ff to County: Roman Gastesi, County Administrator Monroe County 1100 Simonton Street Key West, Florida 33040 7. Modif No modification, amendment, or alteration in the terms or conditions herein shall be effective finless contained in a written document executed with the same formality and of equal dignity herewith. S. Execution This Agreement shall be executed in duplicate and each shall be considered an original. 9. Disclaimer.of Third Pa Seneficiariet. This Agreement is solely for the benefit of the parties to this Interlocal Agreement. No right or cause of action shall accrue upon or by reason hereof inure to or for the benefit of any third party. 10. AssieTnment This Agreement shell be hinding on the parties, their representatives, successors and assigns. Neither party shall assign this ,Agreement or the rights or obligations hereof to any other person or entity without the prier written consent of the other pang 3 11. indemnification The City, as a state agency or suhdivlsion dc.fincd in Section 768.28, Florida Statutes, agrees to be (Lilly responsible to the Hinits set firth in such statute for its own negligent acts or omissions, or intentional tortuous actions, which result in claims of suits w,ainst either Cuurlty or City, and agrees vo be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortuous acts. The County, ns a political sub- division of the State oC Florida, as defined in Section 768,28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its oven negligent acts or ornissioras, or intentional tortuous acts, which result in claims or suits a-ainst either the City or County, and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentiona,' tortuous acts. Nothing contained in this Section shall. be construed to be a waiver by either party of any protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar provision of law. Nothing contained herein shall be construed to be a consent by either party to be sued by third parties in any matter arising out of this or any other Agreement. 12. Severabillity If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of the Agreement. if the rights and obligations or the parties contained herein are not materially prejudiced and if the intentions of the parties continue to be effected. 13. Applicable Lawv/Disputes /Litittation This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Any dispute involving litigation betw4en County and City is subject to all provisions of "Chaptcr 164, klorida Statutes. The parties agree that in the t;vent of any litigation arising out of any alleged breach or non- pc:rForrnance of this Agreement, the venue for such litigation shall be in Monroe County, Florida, 14. Attorney's Fees and Casts. The County and the City nrjrcc that in t17e event any c;ausc of .action or administrative proceedings initiated or defended by any party relative to the enforcemcnt or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fccs, court costs, investigative, and out -of- pocket expemes. as an award against the non- prevailin4 party, acid shall include anorney's fees, courts costs, investigative, and Out -of- pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted Pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit cow of Monroe County. 15. Nondiscrimination. The County and the City agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination, These include but are not limited €o: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) 'Fitle 1X of the Education Amendment of 1972, as amended (20 USC ss.1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -235), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 9l- 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Sentice Act of 1912, ss. 523 and i27 (42 USC ss. 690dd -3 and 290ec -3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Bights Act of 1968 (42 USC s, et seq.), as amended, relating to nondiscrimination in the sale, recital or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to tithe, relatinn to nondiscrimination on the basis of disability: 10) Any other nondiscrimination provisions in any Federal or state statutes which May apply to the parties to, or the subject matter of, this Agreement. 16. Public Access. The County and the City shall allow and permit reasonable access to. a.nd 'inspection of', all documents, papers, letters or other matcrizils in its possession or under its control subject to [he provisions of Chapter 1 19, Florida Statutes, and made or received by the County and the City in conjunction with this Agreement; acid either party shall have the right to unilaterally cancel this Agreement upon violation of this provision. 17. Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County or the City, when performing their respective functions under this Agreement within their respective territorial limits shall apply to the same degree and' extent to the performance of such runctions and duties of such officers, agents, volunteers, or employees outside their respective territorial limits. 1$. Legal 4bUations and Responsibilities: Non- Delegation of Constitutional or Statutory Dudcs. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County or the City, except to the extent permitted by the Florida constitution, state statute, and case law. 19. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of the County or the City in his or her individual capacity, and no member, officer, agent or employee of the County or the City shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. ?U. Executing in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto matt' execute this Agreement by singing any such countcrpari. 6 2 1. Section Headings. Section headings have, been inserted in this :1 +grcemcnt as a matter of convenience of reference only, and it is a-re.ed that such section hcadinas are not a part Of this A- reemrn( and will not be used in the interpretation of any provision of this .Agreement. 22. Mutual Review. This agreement has been carefully rcvicwcd by the County and the City, Therefore this agreement is not to be cunstrned against either party on the basis of authorship. 23. Effective Date `I.'his Agreement shall tale effect upon i.'iling a fully executed copy with the Monroe County Clerk of the Court. The remainder of this page has been intentionally left blank. 7 IN WITLESS WHEREOF, the parties hereto have executed this Ageement for the Purpose herein expressed as of the dale and year first mitten above. r4� r CITY OF KEY WEST FLORIDA 01310 C CS, � Mayor APPROVED AS TO FOIE (City Attomey) - AITEST: DANNY L. $OLHAGE, Cleric s CLERK OF THE OURT B D. c_. MONROE COUNTY Sylvia Murphy, Mayor APPROVED AS 'rO FORM: 0 1 r_2 _ _ z Q 12 Cou ty Attorney) 3m rn � rn Q Cm v 8 RESOLUTION ND, 384 , 2009 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF APPLICATIONS OR REQUESTS FOR 2008 SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT APPROPRIATION FOR DISASTER RECOVERY INITrATIVE — TROPICAL STORM FAYE FUNDING, AUTHORIZING THE MAYOR AND /OR COUNTY ADMINISTRATOR TO EXECUTE APPLICATIONS, AWARD AGREEMENTS, PROGRAM DOCUMENTS, REPORTS AND CLOSE OUT DOCUMENTATION, AUTHORIZING THE MONROE COUNTY HOUSING AUTHORITY TO PREPARE THE APPLICATION AND ADMINISTER THE PROGRAM AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the U.S. Department of Housing and Urban Development has made an allocation of $81,063,855 of Disaster Recovery Initiative Funding fbr the State of Florida; and WHEREAS, the State of Florida Department of Community Affairs prepared a draft action plan for the use of the 2008 Disaster Recovery Funds; and WHEREAS, the draft action plan allocates $2,488,953 to Monroe County, Florida for a county wide program; and 'WHEREAS, 14% of this award or $348,417 must be utilized for activities that address affordable rental housing and sub - grantees are encouraged to work with public housing authorities or other qualified non profits to accomplish this requirement; and WHEREAS, eligible activities include infrastructure, public facilities, business or commercial activities and housing; and WHEREAS, the infrastructure, public facilities and business or commercial activities can only take place in low to moderate income (very low and low income) service areas; and WHEREAS, award recipients cannot use this disaster assistance for a project or activity that was undertaken prior to the Presidential Disaster Declaration; and WHEREAS, housing is an eligible activity that does not require a target area; and WHEREAS, the Department of Community Affairs Action Plan requires that funds be made available countywide; and WHEREAS, the application for grant funding is due December 1 S, 2009. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County Florida, that the County hereby: 1. Authorizes the submission of Disaster Recovery Initiative 2008 Tropical Storm Faye applications or requests for funding. 2. Authorizes the Mayor and/or the County Administrator to execute applications, award agreements, program documents and reports and close out documents. 3. Authorizes the Monroe County Housing Authority to prepare the applications and administer the program. 4. Authorizes up to $10, 000 from Fund 100 CDBG Program Income for start up costs associated with preparing the applications and preparing a Disaster Recovery Housing Assistance Plan and inter - governmental agreements for the Board of County Commissioners approval. L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONER ; a OF MONROJ COUNTY, FLORIDA By: By: Deputy Cle Mayor George Neugent Approved as to legal sufficiency: .'+r.or .•.Y S „ y , -, t COtJi�S i Y Date; OAS 'fU ,' o � - 17 1 DRO J. ROADO ASSISTANT CO TY kTTOr,':T psts —r- PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held on the 2_lst day of October � 2009. Ca CD �, Of �a == L a Mayor George Neugent Xs CD LA ' ; ' ct: , Mayor Pro Tem Sylvia Murphy _Yes C=) ca Z: ; _ Commissioner Mario DiGennaro Yes < �'' c Commissioner Kim Wigington Yes ti Commissioner Heather Carruthers Yes L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONER ; a OF MONROJ COUNTY, FLORIDA By: By: Deputy Cle Mayor George Neugent Approved as to legal sufficiency: .'+r.or .•.Y S „ y , -, t COtJi�S i Y Date; OAS 'fU ,' o � - 17 1 DRO J. ROADO ASSISTANT CO TY kTTOr,':T psts —r- !� _I _ ' -i STATE OF FLORIDA _ s COUNTY OF MONROE This Copy is a True Copy o€ the Original on File in this Office: Witpess my band azd of icial Seal. ? 4 b U L� Z`tZ G•t2 This ._._.. - --- -- :f a, O f A.D., 20 0 7 .... _._ .. _._ ..� � INNY L k I:AOE Clork ' Z- By A.C. RESOLUTION NO. 11-067 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, REQUESTING THE HOUSING AUTHORITY OF THE CITY OF KEY WEST, FLORIDA TO ACQUIRE THE BAHAMA CONCH COMMUNITY LAND TRUST REAL ESTATE ASSETS; IDENTIFY FUNDING SOURCES FOR THE ACQUISITION AND REHABILITATION; MODIFY EXISTING DISASTER RECOVERY SET- ASIDES FOR THE BAHAMA CONCH ACQUISITIONS; RENT OR SELL THE PROPERTIES SUBJECT TO THE EXISTING PUBLIC PURPOSES AFFORDABLE HOUSING RESTRICTIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Key West has utilized Public Purpose Tax Incremental Financing funding to support the acquisition and rehabilitation of affordable housing by the Bahama Conch Community Land Trust (BCCLT) in the Bahama Village Redevelopment Area from 2001 through 2008; and WHEREAS, the Bahama Conch Community Land Trust (BCCLT) no longer has the financial resources to insure and maintain the properties or meet its financial obligations; and WHEREAS, the Housing Authority of the City of Key West at the request of the City of Key West staff has inspected the BCCLT properties, secured an appraisal and has entered into negotiations for the acquisition of the real estate assets; and 1 WHEREAS, the Housing Authority has identified a number of potential funding sources for the acquisition and rehabilitation. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Key West, Florida as follows: Section 1 : The City of Key West hereby requests the Housing Authority of the City of Key west, Florida to proceed with the acquisition and renovation of the Bahama Conch Community Land Trust properties subject to the existing public purpose affordable housing restrictions. Section 2: The Housing Authority of the City of Key West, Florida is hereby requested to identify funding sources to include but not be limited to the Monroe County SHIP Program, the City of Key West Disaster Recovery 2005 Supplemental Program, the City of Key West DR 2005 De- Obligated Program and the 2011 CDBG Small Cities Program to fund the acquisition and rehabilitation of these properties. section 3: The City Commission of the City of Key West, Florida hereby request the Monroe County Board of County Commissioners to modify the Monroe County Disaster Recovery 2008 Initial and DREF Program Key West set - asides contained in F the Inter Local Agreements approved and executed by both parties to include acquisition and rehabilitation of the BCCLT properties. Passed and adopted by the City Commission at a meeting held this 1st day of March 20 Authenticated by the presiding officer and Clerk of the Commission on March 2 2011. Filed with the Clerk Maryb 2 2011. CRAIG CA MAYOR ATTEST: CHERYL SMI CITY CLERIC 3 MONROE COUNTY BOARD OF COUNY COMMISSIONEERS MARATHON GOVERNMENT CENTER MARCH 16, 2011 SHIP UPDATE Last year at your April 21 2010 meeting, I updated you on the status of the SHIP Program funding, staffing and actions that the Monroe County Housing Authority (MCHA) would be taking to be able to continue managing the program on behalf of the county for the next year. Since that meeting, we have been able to reduce the monthly costs of managing the program from approximately $10,000 to $2,500 per month without impacting service. The continued absence of any funding from the Florida Housing Finance Corporation for fiscal year 2011 will allow MCHA to further reduce costs to $2,200 monthly. Based on the administrative funding available, we estimate being able to continue handling inquiries, subordination requests, annual reporting, annual reviews and satisfaction of mortgages until the spring of 2012. We are not optimistic that there will be any SHIP funding in this year's State budget. The attached fund balance analysis indicates that there is $550,000 available for distribution. We recommend that these funds be made available to rental properties who sustained damage from Hurricane Wilma in 2005. First priority should be given to those who have already applied to the Countywide Disaster Recovery Program though the City of Key West and are un- funded. Funding to be limited to a maximum of $275,000 per applicant. We also recommend that the reserves of $137,945 be retained for emergencies, foreclosure protection and prevention. MONROE COUNTY STATE HOUSING INITIATIVE PARTNERSHIP PROGRAM FUND BALANCE ANALYSIS February 28, 2011 Administration Encumbered Disaster Mitigation - Homeowner Wastewater - Homeowner Available for Distribution Reserves 47,166 22,653 1,958 550,000 137,945 759,722