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HomeMy WebLinkAboutL. Housing Authority BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Janua~2010 Division: Monroe County Housing Authority Bulk Item: Yes No Department: DISASTER RECOVERY 2008 Staff Contact Person/Phone #: 1. Manuel Castillo, Sf., Executive Director, 292-5621 AGENDA ITEM WORDING: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE USE OF RECAPTURED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND 100 PROGRAM FUNDS AND INTEREST IN THE AMOUNT OF $300,000 TO PROVIDE WORKING CAPITAL FOR THE MONROE COUNTY'S DISASTER RECOVERY INITIATIVE 2008 TROPICAL STORM FAYE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ON BEHALF OF LOW TO MODERATE INCOME RESIDENTS COUNTYWIDE. ITEM BACKGROUND: The State of Florida Department of Community Affairs has allocated $2,488,963 for a countywide Disaster Recovery Initiative 2008 Tropical Storm Faye Program. DCA funding must be expended within 3 business days of receipt which makes the draw down process very difficult to implement. Sufficient recaptured funds and interest are available in CDBG Fund 100 to advance necessary funds prior to reimbursement from DCA. PREVIOUS RELEVANT BOCC ACTION: Resolution 384-2009 dated October 21, 2009 authorized the following: submission of Disaster Recovery Initiative 2008 Tropical Storm Faye applications or requests for funding; the Mayor and/or the County Administrator to execute all necessary documentation; Monroe County Housing Authority to prepare the application and administer the program; up to $10,000 from Fund 100 CDBG Program Income for start up costs associated with the 2008 Disaster Recovery Application, Housing Assistance Plan and Interlocal Agreements. CONTRACT/AGREEMENT CHANGES: n/a ST AFF RECOMMENDATIONS: Approval. TOTAL COST: $0.00 INDIRECT COST: BUDGETED: n/a COST TO COUNTY: 0.00 SOURCE OF FUNDS: CDBG PROGRAM INCOME FUND 100 REVENUE PRODUCING: Yes _ No x AMOUNT PER MONTH Year APPROVED BY: County Arty 1111\ OMBlPurchasing _ Risk Management l .I DOCUMENT A TION: Included X Not Required__ DISPOSITION: AGENDA ITEM RESOLUTION - 20 10 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE USE OF RECAPTURED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND 100 PROGRAM FUNDS AND INTEREST IN THE AMOUNT OF $300,000 TO PROVIDE WORKING CAPITAL FOR THE MONROE COUNTY'S DISASTER RECOVERY INITIATIVE 2008 TROPICAL STORM F AYE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ON BEHALF OF 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 United States Department of Housing and Urban Development (HUD) has announced effective immediately that CDBG funding on a draw-down basis must be expended within 3 business days of receipt which makes the draw down process very difficult to implement; and WHEREAS, Monroe County has sufficient funds available as a result of recaptured CDBG Fund 100 funds and associated interest earnings which are restricted for use on CDBG eligible activities subject to the Board of County Commissioners approval to fund Disaster Recovery Activities prior to reimbursement by DCA. NOW THEREFORE, be it resolved by the Monroe County Board of County Commissioners that the County hereby: Authorizes the commitment of recaptured CDBG Fund iOOfimds and interest in an amount not to exceed $300,000 from Fund i 00 on a revolving basis for Disaster Recovery CDBG eligible housing rehabilitation activities. Saidfunds to be made available to make Disaster Recovery payments as proposed in the Monroe County Disaster Recovery initiative 2008 Tropical Storm Faye CDBO Program's Disaster Recovery DCA approved Grant Award budget. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held on the 20th day of January 2010. Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner Mario DiGennaro Commissioner Kim Wigington Commissioner George Neugent (SEAL) ATTEST: DANNY L. KOLHAGE, Clerk OF BOARD OF COUNTY COMMISSIONER MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor Sylvia Murphy Approved as to legal sufficiency: Date: RESOLUTION NO. ~~, 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. Depmiment of I-lousing and Urban Development has made an allocation of $81 ,063,855 of Disaster Recovery lnitiative Funding for the State of Florida; and WHEREAS, the State of Florida Department of Community Affairs prepared a draft action plan for the use ofthe 2008 Disaster Recovery Funds; and WHEREAS, the draft action plan allocates $2,488,963 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 15,2009. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County Florida, that the County hereby: I. 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 $.l 0, 000 from Fund 100 CDBG Program Income for start up costs associated with preparing the applications and preparing a Disaster Recovery Housing Assistance Plan and inter-governmental agreements for the Board afCounty Commissioners approval. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held all the ;~l sl:;. , day of October., \0 2009. t:':J ld _1 .. CJ '-'-- -.- o er- a <'-) Ld ex::: 0;:: C) l.l._ :c 0_ Mayor George Neugent Mayor Pro Tern Sylvia Murphy Commissioner Mario DiGermaro Commissioner Kim Wigington Commissioner Heather Carruthers J.~,_ _Yes__ Yes _1 es__ J..!;.E_ BOARD OF COUNTY COMMISSIONER ::MO~;~:Lh:" e.J-- , "_____J Mayor George Neugent Approved as to legal sufficiency: Date: 1['i:i~~Y -f!EDRO J, RCADO /, J D3:~S_S\STA~___:~ !-\:TO~~~=~ {Of CI4J~ This Copy if; a Tme Copy Original on File in this Office. my hand and Official Seal.. . 6lh f/~i7/f.'VVllcl'L/ This _.._,~-,.~..~...,,~..._,- .---."...-. ti 1 A.D., 20~_._...",."...".m~_....""-"---"~-' ~.~' X~~~\I~{ L~ k;~f":~1lRl-l(jE , / CAcrk (;1'::" ,qcmd I~, I'....-t~ - '1""~A/1(~"L..---' By-'~ -$--O:C: STATE OF FLORIDA COUNTY OF BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Japuary 20, 2010 Division: Monroe County Housing Authority Bulk Item: Yes x No Department: DISASTER RECOVERY 2008 Staff Contact Person/Phone #: J. Manuel Castillo, Sr., Executive Director, 292::-56_~1 AGENDA ITEM WORDING: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA APPROVING THE DISASTER RECOVERY HOUSINCi ASSISTANCE PLAN FOR THE MONROE COUNTY DISASTER RECOVERY INITIATIVE 2008 TROPICAL STORM FAYE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ON BEHALF OF TI-fE LOW TO MODERATE INCOME RESIDENTS COUNTYWIDE. ITEM BACKGUOUND: The State of Florida Department of Community Affairs (DCA) has allocated $2,488,963 for a countywide Disaster Recovery Initiative 2008 Tropical Storm Faye Program. I)CA requires the develop1tl(:tnt of a Disaster Recovery Housing Assistance Plan for the targeting of funding and to define how th~~~?l'aJn will operate. PREVIOUS REilEV ANT HOCC ACTION: Resolution 384..2009 dated October 21, 2009 authorizing: submission of Disa'ster Recovery Initiative 2008 TropiGql Storm Faye applications or requests for funding; the Mayor and/or the County Administrat()]' to execute all necessary documentation; Monroe County Housing Authority to prepare the appHcirtibn and administer the program; up to $10,000 from Fund 100 CDBG Program Income for start a:,sociated with the 2008 Disaster Recovery Application, Housing Assistance Plan and Itl1 c~I'hT'qlJj;G]'fv"rne'n'ts ,,~::-_.t:~:'-'.Li,~:E:~:: ".' I " CO]l;lTI~)\Cir//tGREEMENT CHANGES: u/a STAFFRECOMMENDA TIONS: Appr(!Va~.:,__ TOTAL COST: $0.00 INDIRECT COST: BUDGETEn: n/a COST TO COUNTY:_ 0.00 SOURCE OF FUNDS: n/a REVENIIE PRODUCING: YesllNo x /' !I! APPROVED BY: County At! lA OMB/Purchasing_ DOCUMENTATION: Inchided X Not Required_ AMOUNT PER IVIONTH___ Year Risk Management _ DISPOSITION: AGENDA ITEM # RESOLUTION - 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 HEHALF 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 20th day of January 2010. Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner Mario DiGennaro Commissioner Kim Wigington Commissioner George Neugent (SEAL) A TTEST: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONER OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor Sylvia Murphy Approved as to legal sufficiency: _ Date: RESOLUTION NO. 384 ,2009 A RESOLUTION O:F THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THF: SUBMISSION OF APPLICA nONS OR REQUESTS FOR 2008 SUPPLEMENTAL COMMUNITY DEVELOPMENT BLOCK GRANT APPROPRIATION FOR DISASTER RECOVERY INITIATIVE - TROPICAL STORM FAYE FUNDING, AUTHORIZING THE MA YOR AND/OR COUNTY ADMINISTRATOR TO KXECUTE APPLICA nONS, AWARD AGREEMENTS, PROGRAM DOCUMENTS, REPORTS AND CLOSE OUT DOCUMENTATION, AUTHORIZING THE MONROE COUNTY HOUSING AUTHORITY TO PREP ARE 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 for the State of Florida; and WHEREAS, the State of Florida Depariment of Community Affairs prepared a draft action plan for the use of the 2008 Disaster Recovery Funds; and WHEREAS, the draft action plan allocates $2,488,963 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 15,2009. NOW, THEREFORE, BE IT HESOLVED, 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 requestsfor 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 J\lonroe 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 Housirzg Assistance Plan and inter..governmental Qf::,rreements for the Board of County Commissioners approval. PASSED AND ADOPTED by the Board of County Commissioners of MONoe County, Florida at a regular meeting of said Board held on the 21 st ' day of lli:~..r., v::> 2009. o Cd _1 .t> C~,J L..:.,_ f._:..,..: ':_~ i'._..~ x:: Cl... Mayor George. Neugent Mayor Pro Tern Sylvia Murphy Commissioner Mario DiGennaro Commissioner Kim Wigington Cormnissioner Heather Carruthers -~ ~ Yes _Yes ~ \.0 I >- o ;;e; ..~ ~_,j :::t~ (...) [I.:" I.) 1~,L.~ (.~~:> -_:C:.':: BOARD OF COUNTY COMMISSIONER OF MONR~ COUNTY, FLORIDA By: ~"..~. 'rJ~i~ Mayor George Neugent Approved as to legal sufficiency: Date: '?'IiJ~;Y PEDRO J. ASSISTANT co D3tG _ STATE OF FLORIDA COUNTY OF This Cr,IPY is a TnJO Copy Original on FUe in this Office. my hand and ()fficial Se{~L . /:; ih t1rIH/vvJ!</L/ ThIS __.~,.,~~~~~.__ of --.--.-" ,11 A.D " 2{j~~.~._..."._..~~-,..~..~"..".=,_._......,=.~- nlA\.I1;,lY v vlr-:-' ];.:; " (t":l ~~C.\.'i" L. '~".'''~''''d-l''''JC:. . r ('. ,1 /"lvC:kcrrKk~ C'#",c;c7.-:'C~i,,cp:;u.ri . /) ~..At-r:~A-e'1v-t/L/ By . .----~C. 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 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 ttle 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, $60,000 per multifamily unit, and $30,000 per care facility bed and associated administrative buildings/facilities. 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 West 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. III. HOUSING REHABILITATION OBJECTIVES AND POLICIES A. Objectives The objectives of the Monroe County 2008 Disaster Recovery Program are: 1. To encourage the revitalization of low-fa-moderate income neighborhoods through a Housing Rehabilitation Deferred Payment Loan (DPL). 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 lowo.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. 2 "7. To improve the property tax base in low-to-moderate income neighborhoods. 8. To increase employment and training opportunities for local residents and minority persons through the provision of funds for the rehabilitation of homes. 9. To make homes accessible to elderly/handicapped occupants as may be required by code, accessibility requirements and as good judgment may dictate. 10. To minimize impact of program participation on recipients and to limit direct costs encountered because of program participation. B. Rehabilitation Policies It is the policy of the Monroe County 2008 Disaster Recovery Program to: 1. Assure that the Program is administered in strict conformance with the community development and rehabilitation rules and all applicable local, state and federal requirements (including equal opportunity, conflict of interest, etc.) 2. Treat all participating property owners, residents, and contractors fairly, with sensitivity and respect for their needs. 3. Provide all program participants any reasonable assistance necessary to carry out the objectives of the program, bearing in mind: 1) that property owners hold the primary responsibility for maintaining their property and personal finances, 2) that contractors are primarily responsible for the quality of their work and their obligations to suppliers, creditors, subcontractors and employees; and 3) that any assistance provided must be approved and eligible under the plan. 4. Assure that no member of the Congress of the United States, the Citizen Advisory Task Force or the Monroe County, Florida Board of County Commissioners (SOCC) shall share in proceeds or benefits of CDBG funded rehabilitation work. 5. Allow some flexibility in administering the program in order to meet the program's goals and objectives of rehabilitating each addressed dwelling to attain HUD Section 8 Minimum Housing Quality Standards and the Florida Building Code. The Monroe County Housing Authority may waive program rules only when the result will be consistent with established goals and objectives, and applicable federal, stale or local regulations. 6. Housing rehabilitation and replacement will be considered equal priorities. However, final determination of activities will be based upon availability of funds. Priority will be given to homeowners living in FEMA Disaster Housing unless it is determined that the inclusion of other approved structures is necessary to meet program requirements. C. Identification of Units Housing Rehabilitation will take place only on units approved by The Monroe County Housing Authority and in accordance with grant requirements established by the State of Florida. Alternate units may be provided to replace any primary units that may become ineligible. The Monroe County Housing Authority will solicit applications either from other housing assistance providers that have knowledge of need within Monroe County, by placing notices in public areas throughout Monroe County and/or by advertising in publicly circulated publications. The Monroe County Housing Authority will review applications received using the following selection criteria: 1. Number of persons in the family and the family income. 2. Type of construction (i.e., block, manufactured home, wood frame, etc.), state of Q1eterioration of the residence and estimated cost to rehabilitate as compared to 1) average residence cost calculated in the application and 2) the value of the residence after rehabilitation. 3. Location of the residence with reference to defined areas, i.e., floodplain, zoning, incompatible use, etc. 4. Compatibility (consistency) of the proposed residence rehabilitation with the local comprehensive plan and/or land development regulations, 5. Is the recipient current on payments to the local government (i.e., garbage/trash bill, utility bills, taxes, etc.) and mortgage/lien holders? 6. Recipients' willingness to maintain reasonable standard of care and maintenance to protect and enhance the investment by meeting local nuisance, trash, and other environmental or health codes. 7. Does the recipient have clear title to the property? 8. Is the structure more than 50 years old? The applicant shall indicate on the application form whether to his/her knowledge the structure is older than 50 years old. If he/she answers yes, or if other evidence suggests the structure is more than 50 years old, The Monroe County Housing Authority must notify the State Bureau of Historic Preservation and receive written approval for the rehabilitation. Property appraiser, tax records, or other government agencies records will be researched to verify the age of the structure. 9. In addition to the above, the following priority ranking in Appendix A shall be strictly adhered to in the selection of qualifying applicants. D. Approval of Ranking, and Removal of Units from the Program The Housing Rehabilitation Specialist and the Project Administrator shall review and rank the applications based on the criteria attached as Appendix A for units owned by applicants. Rental applicants will be ranked based on the lowest cost per unit and highest number of LMI units. The application process will have a noticed cut off date for the receipt of applications. Applications received after that date shall be considered on a first come, first served basis after the primary list of applicants has been considered. The Housing Rehabilitation Specialist or the Project Administrator may remove a housing unit from the program for a change in household income or approved selection criteria. If it is determined that it is necessary to remove an applicant from the program, a certified letter will be sent to the applicant stating the reasons for the removal. The applicant will have the right to appeal the decision as identified in the Citizen Participation Plan. IV. CONFLICT OF INTEREST Although addressed in other places in this Policy, adherence to rules and regulations on this matter is mandatory. All applicants that may have a business or familial relationship with a member of the Monroe County, Florida BOCC, Citizen Advisory Task Force Committee, Housing Rehabilitation Specialist, Program Administrator, or participating construction contractors must fully disclose this relationship on the Application and definitely before a construction contract is executed. Before an applicant with a potential or real conflict is given final approval for participation, Monroe County, Florida must notify the Department of Community Affairs (DCA) in writing. Prior to any rehabilitation, Monroe County, Florida must receive written notification of DCA's approval of the application, in accordance with 24 C.F.R. Section 570.489. If this process is not followed the local government and/or the applicant may be liable for returning the funds to the program. V. HOUSING REHABILITATION FINANCING The 2008 Disaster Recovery Program provides financing to homeowners in the form of 100% Deferred Payment Loans, the amount of which shall include the accepted bid amount plus a contingency reserve. A. Deferred Payment Loans (DPL) Deferred Payment Loans are conditional grants, and are provided to homeowners who are unable or unlikely to obtain conventional financing due to their income limits. The Deferred Payment Loan (DPL) involves a security instrument (lien) requiring repayment of the loan only if the homeowner sells or transfers ownership of the rehabilitated home, ceases to use it as his/her primary residence within ten years of the date of the DPL, or fails to maintain reasonable required standards of care and maintenance. During the ten-year period, the principal is "forgiven' or subtracted from the principal balance in equal monthly amounts starting in year six (6), so that at the end of the tenth year of owner occupancy (by at least one of the recipients if owned jointly), the loan is fully amortized. There is no interest charged during the ten years. A DPL lien will also be required on rental property to insure a five-year affordability period for eligible tenants. A DPL lien will not be required for governmental agencies or property owners who have agreed to set-aside rental units utilizing a Land Use Restriction Agreement (LURA) for income eligible tenants. In the event that the sole owner dies or both/all owners die within the ten-year loan period, repayment of the loan will be required. In the event of the death of the last surviving homeowner, any income eligible heir residing in the home may assume the SHIP Loan as long as they can obtain title to the entire property within one (1) year of the death of the last surviving homeowner and the first mortgagee consents to the assumption of their loan. If repayment of a DPL becomes due, the prorated principle balance will be due in full within thirty (30) days of the sale/transfer of ownership or the owner's cessation of primary residence at the property. The maximum DPL for an owner-occupied single family dwelling is $90,000. The maximum DPL for owner-occupied units in a two to four unit or larger may receive a DPL of up to $60,OOOper unit. The owner/occupant of a multi-family dwelling must finance any required rehabilitation of the remaining unit(s) through private funding. The maximum DPL for a mobile/manufactured home is $90,000. If rehabilitation or replacement costs require more than the maximum DLP and the owner is unable to finance the additional cost, the dwelling unit may be disqualified unless alternative funding is available. The Monroe County Housing Authority may approve transactions over the per unit limits if funds are available. Grant application scoring indicates an average rehabilitation amount that is to be attained. Very high costs frequently adversely impact other units planned for rehabilitation or replacement, therefore the ability to maintain the necessary average must enter into the decision process. As a general policy, a contingency amount of about 5% should be placed on reserve for change orders. Exceptions may be made to this rule if the owner provides a firm commitment to pay for all required changes exceeding the authorized loan limit, or if the Administrator determines that the situation does not require a contingency fund. B. Scope of Rehabilitation Assistance Monroe County 2008 Disaster Recovery financing of housing rehabilitation is available for the following purposes: 1. correcting local housing code (Florida Building Code) and Section 8 standard violations; rehabilitationof mobile/manufactured homes will only address units built after 1994. Pre-1994 units can only be addressed through replacement. 2. providing cost effective energy conservation features; 3. provide reasonable repairs and modifications to make the dwelling accessible to handicapped and elderly occupants as necessary and technically feasible; and 4. correcting health and/or safety violations that may be present, including replacement of dilapidated or malfunctioning stoves or refrigerators and interim controls or abatement of lead..based paint hazards; Some general property improvements may be provided at the owner's expense. Other additional improvements, above those required to achieve minimum standards, are optional and at owner expense. The cost for any such improvements shall be borne totally by the owner who must deposit the funds with the local government before the irnprovements begin if the improvements are to be a part of the rehabilitation contract. General property improvements that are paid for by the property owner must be included in the Contract for Rehabilitation that is developed and administered by the Housing Rehabilitation Program. However, ineligible new construction must be contracted separately. The property owner must also deposit the necessary funds to cover the additional improvements into the local government's program account. This must be done prior to construction. Otherwise, the addition items will not be included in the construction. Furthermore, any construction not covered in the construction contract will be inspected by the local Building Inspector, but will not be inspected by the Housing Rehabilitation Specialist. VI. QUALIFICATIONS A. General In order for a homeowner to be eligible for rehabilitation assistance, the following criteria must be met: 1. Total Household income must not exceed the low-to-moderate limits set for the HUD Section 8 program at the time assistance is provided. 2. The owner must possess and provide clear title to the property, although it may be jointly owned and the property may be mortgaged. Ownership through life estate, heir property or other legal satisfactorily documented ownership is considered satisfactory for program participation. Providing proof of title is an owner responsibility and expense. 3. The owner must reside in the dwelling to be rehabilitated at the time of application unless it has been deemed uninhabitable. The property rnust be the primary residence and homesteaded. 4. Property tax, mortgage payments and utility bills must be current and ownership must not be jeopardized by any other threat of foreclosure, default or clouded title. 5, The property must be fully insured for flood insurance, if the home is in the 1 aD-year flood plain. Flood insurance must remain in effect for the entire period of the Deferred Payment Loan Agreement. Any unit to be addressed with rehabilitation funds must meet local building and zoning codes. 6. All applicants that may have a business or familial relationship with a member of the Monroe County, Florida BOCC, the Citizen Advisory Task Force Committee, Housing Rehabilitation Specialist, Program Administrator and participating construction contractors must fully disclose this relationship at the time of the application, at the point in time in which the conflict occurs and definitely before a construction contract is executed. 7 If a boundary survey is required, the owner is responsible for providing necessary proof or documentation at the owner's expense. 8. Owners of rental property are eligible to participate in the program. B. Household Income The following rules are applicable in determining household income: 1. The gross income of all household members occupying the dwelling is included in calculating household income. However, wages earned by dependent minor children (under 18) are not included in total. 2. Occupants of a dwelling who are not related to or dependent upon the owner(s) are considered part of the owner's household. 3. Rent or other household support contributed by non-household occupants of a dwelling is included in household income. 4. The owner's assets, with the exception of the home in which he/she resides and personal property such as an automobile, will be considered in determining eligibility. The actual annual income from the asset will be calculated as part of the total household income. Inclusion of such assets, if any, will be in strict accordance with 24 CFR 813.106 and any current modification thereof. VII. STRUCTURAL REQUIREMENTS A. General In addition to owner eligibility requirements for participation in the 2008 Disaster Recovery Program, the dwelling must be: 1. below Section 8 Minimum Housing Quality Standards; and 2. feasible for rehabilitation. In order for a house or mobile/manufactured home to be considered feasible for re~1abilitation, proposed construction must: a) correct all violations of the local housing code and Section 8 standards; b) provide interim controls or abatement for lead-based paint hazards as required by HUD and EPA for structures constructed prior to 1978 that will be assisted by the program. All units built prior to 1978 will be tested for lead based paint. If lead based paint is found, interim control procedures will be used for all units rehabilitated at or below $25,000. Units above $25,000 will be rehabilitated using abatement procedures. The occupants will be notified of the hazards of lead-based paint, the symptoms and treatment of lead poisoning, how to avoid poisoning, lead level screening requirements and appropriate abatement procedures; c) meet applicable local zoning requirements, as well as local, state and federal housing code requirements for rehabilitation work; d) leave at least 20 % of the original structure based upon the formula provided in this chapter; e) not exceed the program costs noted in this chapter; and f) be made reasonably accessible to handicapped/elderly occupants, when the unit is occupied by such. B. Structural Integrity Rehabilitation requires that at least 20% of the original structure remain after construction, based upon the following formula. Three (3) major components of the house are considered, with each component weighted to total 100% of the structural value of the house. These components and ratios are: roof - 20%, exterior walls - 60%, and flooring system - 20%. As an illustration, if 50% of the roof must be replaced, 50% of the walls must be replaced and 25 % of the flooring system (including framing) must be replaced. The factors are then ratioed based on the 20/60/20 formula, so that 50% replacement of the roof is equal to replacing 10% of the structure, 50% replacement of the exterior walls equals 30% replacement of the structure, and 25 % replacement of the flooring system equals 5 % replacement of the structure. Thus, replacement equals 10%, plus 30%, plus 5%, or a total of 45% of the structure. This leaves 55 % of the original structure, indicating that the structure is feasible for rehabilitation. This calculation will be performed by the Housing Rehabilitation Specialist. Should significant deterioration occur between application and time the unit is scheduled for rehabilitation, the unit will be re-evaluated for continued eligibility and a decision made by the Housing Rehabilitation Specialist whether to replace it with an alternate unit or to request a change in type of rehabilitation (demolition, permanent relocation, etc.) in accordance with current DCA contract requirements. C. Cost Feasibility As an additional means of guarding against program penalties for substantial reconstruction of a dwelling, the following cost limits are applicable to all rehabilitation areas. These limits are above the allowable CDBG financing limits, and assume requirements for owner contributions or leveraging. The limits may be exceeded for rehabilitation costs when alternative funds are available for leveraging, but must be specifically approved by the Monroe County Housing Authority, as exceeding the described limits. $90,000 per single family detached house $60,000 per unit of a two-to-four unit or larger structure $98,500 per mobile/manufactured home $60,000 per multi-family rental unit $30,000 per care facility bed In addition, the cost of rehabilitation and improvements may not exceed the after-rehabilitation value of the dwelling. In the absence of conflicting information, the mobile home CDBG cost limits shall be assumed to meet this requirement. For site-built dwellings, the total cost of rehabilitation (plus other improvements, if any) may not exceed $100.00 per square foot of dwelling space, excluding septic tank, well, or water/sewer hook-ups, which is less than the cost of new construction and will be assumed to meet the cost/value limit. VIII. PROCEDURES A. Application and Inspection Each property owner who applies for rehabilitation assistance is initially screened to determine whether he/she is eligible for a 100% Deferred Payment Loan. A preliminary inspection is then conducted to determine feasibility of rehabilitation. If either the owner or the structure does not meet eligibility requirements for progrc.un participation, the Housing Rehabilitation Specialist will reject the application. A written rejection notification will be sent to the owner via certified mail and the Monroe County Housing Authority government designated representative within ten (10) days stating the reason for rejection. If both the owner and the house appear to be eligible for program participation, the application/verification process continues. A work write-up with cost estimate is developed by the Housing Rehabilitation Specialist and approved by the property owner, The cost estimate for the job is considered confidential information until bid opening. If special financing arrangements (such as the owner covering excessive costs or general property improvements) are required or anticipated, arrangements must be made prior to bidding to prevent soliciting bids on a case that cannot be financed. When the case receives preliminary approvals, bids are solicited for the job. B. Bidding Bidding of potential cases is conducted by the Housing Rehabilitation Specialist. Owners review the pre-approved list of eligible contractors before their cases are sent out for bids. Owners have the right to remove any contractor(s) from the list of prospective bidders for their case, as long as at least three (3) eligible contractors are allowed to bid. The owner must be willing to justify the removal of contractor(s) from the bidding list. Owners may also request additional contractors as bidders. If these owner- requested contractors submit the contractor application and are approved by the designated representative and are otherwise eligible, they may be added to the bidders list and bid on the case. The administrator makes maximum effort to ensure participation by minority contractors. No housing unit owner, or occupant, or employee or immediate relative of the same, either personally or corporately, shall serve as a contractor or sub-contractor to be paid with CDBG funds for the rehabilitation of said building, nor shall they be paid for their own labor with CDBG funds for the rehabilitation of said building. A notice is sent to each eligible bidder to inform them of the job. Bidding notices will be posted at primary governmental buildings to the maximum practical extent. Newspaper advertising for individual jobs is not performed, as contractors must be pre- qualified. Each contractor must attend a pre-bid conference held at the house to be rehabilitated, or inspect the house under the owner's supervision. Failure to do so will result in automatic rejection of his/her bid(s) for the house(s). EQ.cmobile/manufactured housinq replacement, bids will b~ taken from e!illLble dealer]J.QI2Q.ecifJ.9 unJts required for individual replacement The GDBG_Q[Qgram will Qnlv pay f9r minimum re~uired sizes that meetfamily size re.9,1lirements, and.minimulll size reggLrernents for park zoning requirements. Any additional amenities shall be at the oyvner's expense. Sealed bids will be opened at a public bid opening. The Housing Rehabilitation Specialist will generally recommend that the contract be awarded to the lowest responsible bidder within plus or minus fifteen percent (15 %) of the cost estimate. The Monroe County Housing Authority and owner reserve the right to reject any or all bids and to award in the best interest of the owner and The Monroe County Housing Authority. The owner must approve the bid award prior to signing contracts. Each contractor must satisfactorily complete one job through the Housing Rehabilitation Program before receiving any additional contracts. No contractor will be allowed to have more than two (2) jobs under construction at one time without consent of the local government designated representative unless: 1) the anticipated date of commencement is after the scheduled, and estimated, date of completion of current jobs; or 2) the contractor has demonstrated, through past performance, his/her ability to satisfactorily complete multiple contracts in a timely manner thereby causing no impact on project and program completions. This rule may be waived by The Monroe County Housing Authority if it is determined that there is an inadequate pool of qualified bidders, if the other bids are excessive, or if other extenuating circumstances arise. C. Contracting and Rehabilitation The Housing Rehabilitation Specialist presents each case to The Monroe County Housing Authority designated representative before the DPL and contact are signed. The DPL amount, contract amount, contractor and owner eligibility are all approved by the designated representative. The rehabilitation contract is executed between the homeowner and the contractor when the rehabilitation DPL is closed, with the three (3) day rescission period running simultaneously for both legal agreements. Rehabilitation Agreements (for DPL's) are executed by the designated representative authorized to act on behalf of the Monroe County, Florida BOCC. The DPL and the Notice of Commencement are recorded immediately. The program pays for recording of the Agreement. The filing of the Notice of Commencement shall be the responsibility of the Contractor. The Notice to Proceed is issued to the contractor as soon as possible after the rescission period elapses. When temporary relocation of the occupants is required, the Notice to Proceed will be delayed until the house is vacated. The contract time of performance (generally 30 - 45 days) begins with issuance of the Notice to Proceed. D. Inspections Periodic inspections of the rehabilitation construction are performed by local building officials and the Housing Rehabilitation Specialist throughout the contract period. These inspections are conducted to assure compliance with the contract standards for workmanship and materials, to detect any unauthorized deviations and to identify necessary changes to the contract work in its early stages. Inspection and approval of completed work must be conducted by the Housing Rehabilitation Specialist prior to the contractor's receiving partial or final payment. The owner's acceptance of the work is also required before payment is received. E. Change Orders Any additions to, deletions from, or changes in the rehabilitation contract work, time, or price must be approved in a written change order before the additional work is started. The change order is executed by the owner and contractor and is approved by the Housing Rehabilitation Specialist and the designated representative. Change orders may be issued to correct code deficiencies or to obtain any other desired change in the work. CDBG funds can only be for change orders that correct code violations as documented by the local building official, a bonafide code violation report, or to meet Section 8 housing quality standards found after construction begins. Other changes will be at the owner's expense. F. Payment Contracts of $5,000 or less will not be paid until the contractor has completed the job. Contracts in excess of $5,001 to $25,000 allow a partial payment upon satisfactory completion of 30% and 60% of the work, with a retainage of 10% of the completed contract amount. Completion of 61 % - 90% of the work allows a partial payment less a retainage of 5% of the full contract amount. A draw schedule for all contracts over $25,000 will be negotiated by the Housing Rehabilitation Specialist, designated representative and the Administrator. Payment for modular units will be payable upon delivery. Approval of a partial payment requires: 1. a determination by the Housing Rehabilitation Specialist and the designated representative that the claimed percentage of completion of the work has been satisfactorily completed Payment will be issued for the amount claimed less retainage depending on the physical progress as long as the contract funds remaining are sufficient to complete the work in the event of default by the contractor; 2. approval of the work by the owner; and 3. an affidavit from the contractor stating that either: (a) there are no claims for unpaid goods and/or services connected with the job and all laborers, suppliers and subcontractors have received just compensation for their goods and services up to the date of the request (as evidenced by full or partial waiver of lien from subcontractors); or (b) a list of all unpaid parties and the amounts owed to each has been submitted with the request. The final payment approval requires: 1. acceptance of all work by the property owner, the Housing Rehabilitation Specialist and designated representative; 2. submission of all manufacturers' and other warranties (i.e., appliances, roofing, extermination, contractor's warranty covering the entire job for one year, etc.); 3. waivers of liens from all subcontractors, all parties who were not paid when the contractor received partial payment, and from any other party supplying notice; 4. a certificate of occupancy or final approval from the Building Inspector to show compliance of the rehabilitation work with the locally adopted building (and other applicable) code requirements; 5. completion of all punch list items; and 6. an affidavit from the contractor stating that all bills have been paid and there are no claims for subcontracted jobs or materials, or any outstanding Notice to Owner. If the owner refuses to authorize payment due to a dispute with the contractor, the Program Administrator may recommend disbursement without the owner's approval if the claim is shown to be without merit or inconsistent with policies and the goal of the program. Such disbursement shall be issued only after the Program Administrator has reviewed the facts and circumstances involved in the dispute and has determined that the owner's refusal to issue payment is without just cause. Sufficient documentation to this effect shall be placed in the case file. G. Disputes and Contract Termination Disputes, the owner's right to stop work and termination of the contract by the owner or contractor shall be as authorized in the Contract for Rehabilitation. H. Follow-Up After completion of the contract, it is the owner's responsibility to notify the contractor in writing of any defect in the work or material. The owner is also requested to notify the Housing Rehabilitation Specialist or the Program Administrator of any complaints to the contractor so assistance in follow-up can be provided. If the contractor does not respond to the owner's written complaint within a reasonable time frame and in a satisfactory manner, the Administrator will verify the complaint. If the Program Administrator judges the complaint to be valid, he/she will send written request for warranty service to the contractor and a copy to the designated representative. The contractor will then take action as monitored by the owner and the Housing Rehabilitation Specialist. Upon receiving notice from the owner that the complaint has been satisfied, the Housing Rehabilitation Specialist will inspect the work and make such note in the case file. Failure to resolve complaints shall be justification for removing a contractor from participation with the program. IX. CLEARANCE/PERMANENT RELOCATION/DEMOLITION RELOCATION A. General Permanent Relocation and/or Demolition Relocation are synonymous terms used in the rehabilitation program when a home is unsound and not suitable for rehabilitation based on the structural integrity criteria. Homeowner eligibility requirements are the same as for rehabilitation. Further policies are included in the local Anti-displacement and Relocation Policy. B. Clearance Requirements are identified by the Housing Rehabilitation Specialist and are included in the replacement unit bid package. In this way, the same contractor is responsible for site cleanup and preparation as for provision of the replacement unit. Disposal of debris and associated activities are also included if this method is utilized. When demolition or clearance is conducted separately, bid packages are prepared with procedures following those identified for rehabilitation in this plan. C. Permanent Relocation/Demolition Relocation This activity involves replacement of an eligible owner occupied unit that is beyond economic repair. The Monroe County Housing Authority will decide with the Housing Rehabilitation Specialist on a case-by-case basis whether to utilize a slab "site built" replacement unit, a prefabricated unit, or a modular home. Decision items will include budget, zoning, replacement requirements, cost estimates, and a number of other items that may vary case-by-case. Once the decision is made, the Housing Rehabilitation Specialist prepares bid specifications and plans (if necessary) based on owner input from review of available plans. Bidding contracting and inspections then proceed as in the rehabilitation process. D. C'Jifferencesfrom Rehabilitation 1. No partial payment is provided for modular replacement units exceptfor the unit itself at delivery, as the time frame to complete the transaction is relatively brief. The contractor is paid in full upon satisfactory completion of work and providing of warranties. Partial payments are utilized for site built homes along the same lines as for rehabilitation work. 2. Program disbursements are made from the local CDBG operating account. As a result, attention must be paid to the ordering and receipt of funds, to ensure that disbursements are made in a timely manner and that the federal three-day rule is not violated. 3. Cost feasibility limits are based on number of bedrooms to be provided for site built/modular homes. These limits that may not be exceeded without approval from The Monroe County Housing Authority are: (a) four or more bedrooms - $98,500 (b) three bedrooms - $95,000 (c) two bedrooms .. $91,500 In the case of replacement of existing mobile/manufactured homes, the limit will be based upon the acceptable bid price of a replacement home large enough to meet minimum family size requirements, or park covenant requirements. If the existing home is inadequately sized, the replacement home will be sized to include the appropriate bedrooms needed to meet Section 8 and/or local housing code requirements for occupancy. In no case will the total assistance be greater than those limits listed above. Mobile/Manufactured homes will have a lien placed on the vehicle's title in the amount of the CDBG funds advanced. The lien will be forgiven upon repayment or 10 years, whichever occurs first. Modular homes DPL's will bear interest at 0% and be forgiven upon repayment or 10 years. The Program reserves the right to place an additional DPL on the property in the event the replacement home creates windfall equity exceeding the owner's equity in their home prior to the 2008 tropical storms. Necessary site improvements, including water supply, sewage disposal, and clearance, will also be provided along with the actual dwelling replacement. Budgetary and scoring constraints, as well as priorities for assisting other hquseholds, may dictate that SOl11e homeowners will be offered less than the maximum amounts shown hereto, even if their demolition and replacement housing costs are above the offered amount. In these cases, homeowners must provide non-CDBG funds from other sources, or they may decline the offer and withdraw from the program. If the offer is declined, no CDBG funded demolition will occur. X. CONTRACTOR LISTING The Housing Rehabilitation Program will establish and maintain a current listing of eligible contractors for bidding on all phases of the program. Only those contractors who are so listed will be considered for work on this program. Establishment of this list will include maximum effort to utilize local and minority contractors. A. Recruiting Contractors residing or maintaining offices in the local area will be recruited through public notice to all such contractors, as part of the local government's compliance with Federal Section 3 requirements. This special effort will be based upon the list of contractors licensed in the jurisdiction including residential, building and general contractors. Letters sent to contractors, or advertisements placed soliciting them, will be placed in the appropriate program file. The contractor listing will include all local contractors who apply and are determined eligible based upon program qualification standards. If the pool of local contractors is inadequate to provide a sufficient pool of contractors willing and qualified to perform the rehabilitation work at prices that are considered reasonable and comparable to the prepared estimate, other contractors will be solicited. Maintenance of a pool of competitive, qualified, and capable contractors is essential to program completion. B. Contractor Eligibility In order to participate in the 2008 Disaster Recovery Program, a contractor must be certified as eligible by the Administrator of Housing Rehabilitation and by the Florida Department of Community Affairs. Basic contractor qualifications include: 1. Current license(s) with the appropriate jurisdiction; 2. A satisfactory record regarding complaints filed against the contractor at the state, federal or local level; 3. Insurance: $100,000/$300,000 coverage for contractor's public liability (including accidental death and bodily injury), or $300,000 comprehensive coverage and $100,000 coverage of property damage (in addition to bodily injury), with a certificate of insurance from the insurer guaranteeing ten (10) day notice to the Housing Rehabilitation Program before discontinuing coverage. Workman's Compensation, as applicable, is also required; 4. A satisfactory credit record, including: (a) references from two (2) suppliers who have done business with the contractor involving credit purchases; and (b) references from three (3) subcontractors who have subcontracted with the contractor; and (c) the ability to finance rehabilitation contract work so all bills are paid before requesting final payment; 5. Satisfactory references from at least three (3) parties for whom the contractor has done construction; 6. Absence from any list of debarred contractors issued by the Federal or State DOL, HUD or DCA; The Housing Rehabilitation Specialist will assure that current and past performance of the contractor are satisfactory based upon readily available information, and reserves the right to check any reliable source in establishing such determination. The Housing Rehabilitation Specialist will explain the contractor's obligations under Federal Equal Opportunity regulations and other contractual obligations at the pre-bid conference. Program procedures, such as bidding and payment are also explained to the contractor. C. Disqualification Contractors may be prohibited or removed from program participation for: 1. poor workmanship, or use of inferior materials; 2. evidence of bidding irregularities such as low balling, bid rigging, collusion, kickbacks, and any other unethical practice; 3. failure to abide by the work write-up, failure to complete work write-up (and bid) accomplishments, and any attempts to avoid specific tasks in attempts to reduce costs; 4. failure to pay creditors, suppliers, laborers or subcontractors promptly and completely; 5. disregarding contractual obligations or program procedures; 6. loss of license(s), insurance or bonding; 7. lack of reasonable cooperation with owners, rehabilitation staff or the others involved in the work; 8. abandonment of a job; 9. failure to complete work in a timely manner; 10. inability or failure to direct the work in a competent and independent manner; 11. failure to honor warranties; 12.. ineligibility to enter into federally or state assisted contracts as determined by the U.S. Secretary of Labor, HUD or DCA; 13. other just cause that would expose the Program or owner to unacceptable risk; 14. failure to respond to a minimum of three (3) consecutive requests for bids; or 15. at the contractor's request. XI. RELOCATION/DISPLACEMENT The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 does not apply to displacement under the Monroe County, Florida Community Development Program; since Monroe County, Florida does not acquire the vacated (demolished or rehabilitated) property and residents participate voluntarily. Therefore, relocation services will be provided in the Monroe County, Florida Anti-Displacement and Relocation Policy. Household/property owners previously approved for proposed housing assistance may voluntarily withdraw their application for assistance, which must be confirmed in writing. If the Administrator determines the applicant to be ineligible for assistance, the Administrator shall send written notification (return receipt requested or certified mail) to the applicant, stating that the application has been rejected and the reason for the rejection. XII. APPEALS/COMPLAINTS The I-lousing Rehabilitation Specialist, the designated representative and the Program Administrator are authorized by The Monroe County Housing Authority to make all determinations of eligibility for assistance and level of assistance, scheduling ofretlabilitation, demolition and relocation, and contract management. Citizens and/or contractors should issue complaints to the Housing Rehabilitation Specialist or the Program Administrator. For a complaint to be considered valid, it must be issued in writing within a period of 30 days of its occurrence. Responses also should be issued in writing. If the complainant is not satisfied with the Program Administrator's response, the issue must be presented in writing to the Monroe County, Florida Citizen Advisory Task Force (CATF). If the complaint cannot be resolved by the CATF, The Monroe County Housing Authority will review the grievance and make a decision based upon program regulation, local policies, and availability of funds. Further appeals, if necessary, must be addressed to the Florida Department of Community Affairs. XIII. PROGRAM INCOME No program income is planned to result from this program. Deferred Payment Loans will be monitored by The Monroe County Housing Authority during the CDBG period of agreement. After the expiration of the agreement between Monroe County, Florida and the State, the monitoring will be performed by the designated representative. If repayment of a DPL or program income is received during the CDBG agreement period, it will be used for additional rehabilitation as authorized by the Department of Community Affairs. Program income or DPL payment received subsequent to closeout will be retained by Monroe County, Florida. XIV. PROPERTY ACQUISITION POLICY A. Voluntary Monroe County, Florida may purchase property with 2008 Disaster Recovery Community Development Block Grant funds for use in the Community Development Program. While most property acquisition must follow the procedures outlined in the Uniform Relocation and Real Property Acquisition Act, residential property to be used for relocation purposes shall be purchased on a voluntary basis. The County shall determine the property features needed and the budget available for the purchase defined in the contract agreement. A request for proposals will then be published in a local newspaper. The request will state the specifications and budget, and indicate that the purchase is voluntary. No displacement of renters may occur as a result of the program. Owners will not receive any relocation assistance so owner-occupants must waive the Uniform Act Rights. A voluntary acquisition occurs when real property is acquired from an owner who has submitted a proposal to the recipient for purchase of their property in response to a public invitation or solicitation of offers. The Monroe County, Florida SOCC is committed to this mode of acquisition to the maximum practicable extent. Voluntary acquisition shall be permitted only if the property being acquired is not site specific and at least two properties in the community meet the criteria established by the local government for usage, location and/or interest to be acquired. The Monroe County, Florida BOCe prior to publication of a public notice or attendance of any local government representative at a property auction must approve all voluntary acquisitions in principle. A public notice must be published inviting offers from property owners. This notice must: 1. accurately describe the type, size and approximate location of the property it wishes to acquire; 2. describe the purpose of the purchase; 3. specify all terms and conditions of sale, including maximum price; 4. indicate whether or not an owner-occupant must waive relocation benefits as a condition of sale; 5. announce a time and place for offers to be accepted; and 6. announce that local powers of condemnation shall not be invoked to acquire any property offered for which a mutually agreed to sale price cannot be reached. Property may also be acquired at auction. The Uniform Relocation Act does not apply to voluntary acquisitions. In each voluntary acquisition, a public solicitation shall occur. Offers shall be sealed and opened at the same time, in the same place, by a responsible official. Records of offers shall be kept. Appraisals are not required for purchases less than $2,500 if a mutually agreed to sales price can be reached. Clear title must be present in every transaction. The Monroe County, Florida soce must decide at the time of approving the acquisition whether or not appraisals and review appraisals will be necessary and what the maximum permissible sales price will be. The decision to acquire will rest with the Monroe County, Florida SOCC that can reject or accept any and all offers. Written records shall be maintained documenting decisions and rationale for selected courses of action. B. Non~Voluntary Acquisition Plan Acquisition of property (including easements and right-.of-way) using federal funds shall occur in accordance with the Uniform Relocation Act of 1970 (as amended) and with any State and Federal regulations that may apply. Fundamental steps that occur in each purchase may vary case by case. However, in general terms, the following should take place: (1) source of funds and authority to acquire confirmed, (2) property/site identified and suitable, (3) legal description/survey/preliminary title search performed (services procured as necessary), (4) notice of intent to acquire sent owner, (5) appraisal and review appraisal services solicited and appraiser retained, (6) appraisal received and sent for review, (7) title companies solicited and retained after review received (title insurance amount and necessity determined in advance), (8) offer to purchase and notice of just compensation sent owner, (9) owner contacted by attorney or other representative and contract formalized, (10) settlement costs calculated and closing date set, (11) closing conducted with funds changing hands and, (12) records of proceedings retained, The Uniform Relocation Act requires certain specific procedures such as some letters being sent certified. The CDBG Implementation manual provides a checklist that may be utilized in following each transaction to successful conclusion. In no case will CDBG funds be utilized which would create involuntary displacement. See the Monroe County, Florida separate policy on this subject. C. Timing/Planning Properties necessary for easements or acquisition shall be identified as early in the planning stage as is practicable. Every attempt shall be made to affect a design that is not wholly site dependent, that is, where two or more sites are suitable for the project. It is recognized this may not always be possible, however, a policy of minimizing single site alternatives is emphasized. In general terms, the voluntary acquisition process shall be utilized to identify possible sites early in the project. Sites shall be evaluated for suitability prior to the final design phase to the maximum practicable extent. As soon as alternative sites are identified and evaluated, applicable acquisition procedures should commence. Projects sha'lI not normally be sent out for bids unless properties to be acquired or utilized for easements have been formally acquired or a commitment exists which is sufficiently firm and binding to be considered safe for the project to proceed with start up, The Monroe County, Florida BOCC shall make the determination as to whether or not bidding, award and start up may proceed to closing on the property. In those cases where need for easements and/or acquisition is not identified until after the project is underway, procedures shall be expedited to the maximum practicable extent and utilization of funds, the value of which would be unrecoverable if the transaction did not occur, minimized. Appendix A Homeownership Point Values to be Used in Ranking Applicants Handicapped and elderly persons on fixed income within established very low income guidelines (VLI) (13 Points) Elderly persons on fixed income within established VLI guidelines (12 Points) Handicapped or disabled persons within established VLI guidelines (11 Points) Households with handicapped or disabled dependents within established VLI guidelines (10 Points) Handicapped and elderly persons on fixed income within established low to moderate income (LMI) guidelines (9 Points) Elderly persons on fixed income within established LMI guidelines (8 Points) Handicapped or disabled persons within established LMI guidelines (7 Points) Households with handicapped or disabled dependents within established LMI income guidelines (6 Points) Households within established VLI guidelines (5 Points) Households within established LMI guidelines (4 Points) (3 Points) All others within established VLi guidelines All others within established LMI guidelines (2 Points) Any homeowner or physical residence that has received state or federal housing assistance within the last 10 years regardless of age, handicap, or income level (1 Point) Each household will be assigned one value only, not cumulative value for multiple occupants. In the event of a tie within categories, a lottery system will determine rank order. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 20, 2010 Division: Monroe County Housing Authority Bulk Item: Yes -K- No Department: DISASTER RECOVERY 2008 Staff Contact Person/Phone #: J. Manuel Castillo., Sr.... Executive Director, 292-5621 AGENDA ITEM WORDING: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA APPROVING THE DISASTER RECOVERY INITIATIVE 2008 TROPICAL STORM FAYE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM APPLICATION FOR MONROE COUNTY ON BElIALF OF THE LOW TO MODERATE INCOME RESIDENTS COUNTYWIDE. ITEM BACKGROUND: The State of Florida Department of Community Affairs (DCA) has allocated $2,488,963 for a countywide Disaster Recovery Initiative 2008 Tropical Storm Faye Program. DCA requires the submission of an application and that the local governing board approve it. PREVIOUS RELEVANT BOCC ACTION: Resolution 384-2009 dated October 21, 2009 authorizing: submission of Disaster Recovery Initiative 2008 Tropical Storm Faye applications or requests for funding; the Mayor and/or the County Administrator to execute all necessary documentation; Monroe County Housing Authority to prepare the application and administer the program; up to $10,000 from Fund 100 CDBG Program Income for start up costs associated with the 2008 Disaster Recovery Application, Housing Assistance Plan and Interlocal Agreements. CONTRACT/AGREEMENT CHANGES: n/a ST AFF RECOMMENDATIONS: Approval. TOTAL COST: $0.00 INDIRECT COST: BUDGETED: n/a COST TO COUNTY: 0.00 SOURCE OF FUNDS: n/a REVENUE PRODUCING: Yes No x AMOUNT PER MONTH Year APPROVED BY: County AttP~l.t OMB/Purchasing _ Risk Management_ / DOCUMENTATION: Inc;{tded X Not Required_ DISPOSITION: AGENDA ITEM # RESOLUTION - 20 1 0 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA APPROVING THE DISASTER RECOVERY INITIATIVE 2008 TROPICAL STORM FAYE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM APPLICATION FOR MONROE COUNTY 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 Disaster Recovery Initiative 2008 Tropical Storm Faye CDBG Application for Monroe County.. PASSED AND ADOPTED by the. Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held on the 20th day of January 2010. Mayor Sylvia Murphy Mayor Pro Tern Heather Carruthers Commissioner Mario DiGennaro Commissioner Kim Wigington Commissioner George Neugent (SEAL) A TTEST: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONER OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor Sylvia Murphy Approved as to legal sufficiency: Date: RESOLUTION NO.._~, 2009 A RESOLUTION O:F 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, AUTHOIUZING THE MAYOR AND/OR COUNTY ADMINISTRATOR TO EXECUTE APPLICA nONS, A WARD AGREEMENTS, PROGRAM DOCUMENTS, REPORTS AND CLOSE OUT DOCUMENTATION, AUTHORIZING THE MONROE COUNTY HOUSING AUTHORITY TO PREP ARE THE APPLICATION AND ADMINISTER THE PROGRAM AND PROVIDING FOR AN EFFECTIVE DATI<~. WHElU~AS, the U.S. Department of Housing and Urban Development has made an allocation of $81 ,063,855 of Disaster Recovery Initiative Funding for the State of Florida; and WHEREAS, the State of Florida Department of Community Affairs prepared a draft action plan for the use ofthe 2008 Disaster Recovery Funds; and WHEREAS, the draft action plan allocates $2,488,963 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 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 1 DO 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 Momoe County, Florida at a regular meeting of said Board held on the 2.ln . day of October, 20CH. t.r.J .-.1 C:J Q~' c:) L:..._ C;;::. 1: Ct,,, f-:"',':: :;.__"'1 ;.~" ..".-.' :! \.,0 I >- o ...1 ':...) Mayor George Neugent Mayor Pro Tern Sylvia Murphy Commissioner Mario DiGennaro Commissioner Kim Wigington Commissioner Heather Carruthers .~- ~ Yes ~t~. f...__,i "':') _1 es _ _.I,I~lL BOARD OF COUNTY COMMISSIONER ::MO~;~:L~~ e.J-. -----------.---, Mayor George Neugent Approved as to legal sufficiency: Date: ,Jr, r~r'~ 't:- COUj.HY "h/!/P)ROy/cD ;~~AS 'PEDRO J. RCADO /, J D3;~~S\STANT co ~~: !~;T~:~~=~ {O( (/4Jt!j STATE OF FLORIDA COUNTY OF This Copy is a TnJC Copy Original on File in this Office. my hand and Se;~L b.lh This __.,_,,_~..~"'.__ J A.D., n~. \"'h1'( Y iTfr- <;; c ("" ~"iZ~.lf\! li ..L'H.h.'J.'1i".LrL.)''i~.'.Jx:. , (/ ;,C!Crk.' I f'#.;l1c'77~~i 901Ft t ~.At"~~A'~i/ --~ By ~--D.C: " . Y~'7;,c'l~"t.l'::fL,J ,A._ Florida Community Development Block Grant Program Disaster Recovery Initiative Application for HUD Disaster Recovery Funding Department of Housing and Urban Development [Docket No. FR-5256-N-Ol] Federal Register I Volume 74, Number 29, dated February 13, 2009 [Docket No. FR-5337-N-Ol] Federal ReQister I Volume 74, Number 156, dated AUQust 14, 2009 2008 Supplemental CDBG Appropriations Robert T. Stafford Disaster Relief and Emergency Assistance Act MONROE COUNTY Applicant (Name of Local Government) Charlie Crist Governor Tom Pelham Secretary Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 http://www . floridacom munitydevelooment.orQ I disasterrecovery .cfm General Information The Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Pub. l. 110-329, ap- proved September 30, 2008) (hereinafter, "Second 2008 Act" to differentiate it from the earlier 2008 Supple- mental Appropriations Act, Pub. L. 110-252, approved June 30, 2008) appropriates $6.5 billion, to remain avail- able until expended, in CDBG funds for necessary expenses related to disaster relief, long-term recovery, and restoration of infrastructure, housing and economic revitalization in areas affected by hurricanes, flooding, and other natural disasters that occurred during 2008, for which the President declared a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.c. 5121 et seq.). The avail- ability of the funding was formally announced in the Federal Register (Volume 74, No. 29 and Volume 74, Num- ber 156) on February 13, 2009 and August 14, 2009, respectively. The Federal Register may be accessed online at http://www .floridacommunitydevelopment.orgLglbg/disasterrecovery .cfm. Federal requirements clearly state that the funds can be used only for disaster relief, long-term recovery in communities affected by the specified disasters. Requirements provide that the funds be directed to areas with the greatest need. Award recipients cannot use this disaster assistance for a project or activity that was un- derway prior to the Presidential disaster declaration, with the specified time period in the appropriations act. All projects must be directly related to one or more of the storms. Elements of activities that are reimbursable by FEMA or available through the Small Business Administration (SBA) cannot be reimbursed with these funds. Please note that the State's Action Plan requires a minimum goal of 14% of total funds to be allocated towards affordable rental housing. If, after reviewing the applications, it is determined that this amount has not been met, up to 14% of the funds awarded to counties that do not plan to address affordable rental housing may be re-allocated to counties with unmet affordable rental housing needs. National Objectives All activities must meet one of the three national objectives set out in the Housing and Community Development Act (address slum and blight, urgent need, primarily benefit low to moderate income (lM!) persons), with at least 50% of the dollars going towards projects benefiting lMI persons. All housing projects must benefit lMI persons. Please use forms provided under Attachments to justify national objective. Waivers The Act authorized HUD to waive, or specify alternative requirements for any statute or regulation that HUD administers in connection with the funds, except for requirements relating to fair housing, nondiscrimination, la- bor standards, and the environment, as long as the waiver facilitates the use of the funds and is not inconsis- tent with the overall purpose. A limited waiver of the anti-pirating clause allows the flexibility to provide assistance to a business located in another state if the business was displaced from the community by the disaster and the business wishes to re- turn. This waiver allows grantees affected by a major disaster to rebuild the community's employment base. HUD has waived the one-for-one replacement of lMI housing units demolished or converted using CDBG funds. This waiver allows grantees to acquire, convert or demolish disaster-damaged housing without having to pro- vide a unit for unit replacement. Additional waivers may be considered on a case-by-case basis if an award recipient chooses to fund a flood buyout program with both HUD and FEMA funds and needs the waiver to develop a workable program design. Applicants must contact the Department of Community Affairs if they believe further waivers are required to en- sure the success of the recovery effort. Application Workshop The application workshop will be held on November 3-4, 2009 at the Hyatt Regency Jacksonville Riverfront in Jacksonville, Florida. The application cycle will open on November 16, 2009 and close on January 15, 2010. Applications must be received by the CDBG Program at the address below, whether mailed or delivered, by 5:00 p.m., Eastern Standard Time, on January 15, 2010: 2 Community Development Block Grant Section Division of Housing and Community Development 2555 Shumard Oak Boulevard, Room 260 - N or 260 - A Tallahassee, Florida 32399-2100 Required Application Procedures 1. Fully complete the application. 2. Submit two copies of the application, with original signatures of the Chief Elected Official or Designee (If designee, include resolution in appendices.) Copies should be submitted in a three-ring binder, with a table of contents, an executive summary, and dividers with labeled tabs. 3. Submit a detailed map depicting the boundaries of the local government, the service area, the location of the activities, the flood plain and other relevant details. 4. If available at the time of application, submit copies of any policies that are applicable to CDBG (i.e., citi- zens' complaint policy, acquisition and relocation policy, housing assistance plan, procurement policy, subrecipient monitoring plan, etc.). If not available at submission of application, submit during site visit. Recipients who fail to provide these policies will be prohibited from drawing down funds. 5. Submit copies of any other documents that support your application or relate to the requirements set out in the Action Plan or Federal Register. Supply documentation that confirms the project is recovery from the 2008 storms. 6. Submit a copy of an "Interlocal Agreement" if a project will, in any way, impact another local government i.e. take place in another jurisdiction. 7. Number the appendices. 8. Comply with the Intergovernmental Coordination and Review (IC&R) process outlined below. By the application deadline date, submit 15 copies of the application to the Florida State Clearing House, Department of Environmental Protection, Commonwealth Building, Tallahassee, Florida 32399. - A transmittal letter must accompany the materials that the local government sends to the State Clearing House. This letter should request that the State Clearing House send copies of any correspondence that they may send to the local government to the DCA CDBG Program. The local government may also ask the State Clearing House to send copies to other parties such as consultants and engineers. Submit one copy of the application to the Regional Planning Council that serves the local government. 9. Use Attachment B - Household Income Verification Form (Form 27-07), if a survey is conducted to docu- ment beneficiaries. 10. Fill out National Objective Forms (Attachments C, D, or E) 11. Follow Attachment F, General Instructions for Estimating Project Budget, when preparing the budget to be submitted with the application. 12. Fill out Attachment G: Affordable Rental Housing Scope of Work, when describing your intended efforts to secure affordable rental housing disaster recovery projects. 13. All applications must include Attachment H: Project Budget and Scope of Work 14. Use Attachment I: Scope of Work by Service Area, if your project has various service areas. 3 Readiness to Proceed To assist the Department in assessing the applicant's ability to proceed in a timely manner, please answer the following questions. Your response will have no bearing on your application's approval, but will assist us in de- termining the types of technical assistance to provide. 1. Has the applicant designated a program, office or staff for the administration of a community Yes No development block qrant or x 2. Does the applicant regularly contract with a consultant for the administration of a community de- Yes No velopment block qrant? x 3. Does the applicant have a citizen complaint policy, acquisition and relocation policy, housing Yes No assistance plan and procurement policy in place that meets HUD guidelines? If not, you may x x wish to visit the CDSG web site for examples: http://www.floridacommunitydevelopment.org! cdbg!i ndex.cfm 4. Has the applicant developed, or does the applicant plan to develop, a long-term recovery Yes No plan as a result of the disasters? x NOTE: The Monroe County Disaster Recovery Housing Assistance Plan is scheduled for approval January 20, 2010. 4 Funding Allocation This allocation is based on the Department's compilation of preliminary damage assessment data from FEMA. To ensure that counties with the greatest disaster recovery needs are targeted for funding in amounts adequate to make a measurable impact on the severity of local circumstances, a simple allocation cut-off of $190,000 was established to ensure significant awards. All allocations not meeting this threshold were re-distributed to those in the top-qualifying tier, distributed by each county's percentage of those within the tier. Allocating the funds in this manner ensures that communities with the greatest need receive an amount significant enough to ac- complish measurable repair and recovery. The allocation of funding is provided below. PCT OF PCT OF SIMPLE AWARD TOTAL SIMPLE THRESH COUNTY PDA TOTAL AWARD TOTAL AWARD OLD REALLOCATION PLUS DMG GROUP REALLOCATION Leon $30,543,181 $79,037,259 12.73% $10,065,128 12.88% $885,969 $10,179,232 Collier $29,894,993 $79,037,259 12.46% $9,851,525 12.61 % $885,969 $9,963,208 St. Lucie $24,179,628 $79,037,259 10.08% $7,968,097 10.20% $885,969 $8,058,428 Escambia $21,206,000 $79,037,259 8.84% $6,988,175 8.94% $885,969 $7,067,397 Brevard $19,643,240 $79,037,259 8.19% $6,473,187 8.28% $885,969 $6,546,571 Palm Beach $19,603,736 $79,037,259 8.17% $6,460,169 8.27% $885,969 $6,533,405 Duval $12,831,502 $79,037,259 5.35% $4,228,463 5.41% $885,969 $4,276,399 Vol usia $12,521,000 $79,037,259 5.22% $4,126,141 5.28% $885,969 $4,172,917 Gulf $7,609,893 $79,037,259 3.17% $2,507,746 3.21% $885,969 $2,536,175 Monroe $7,468,230 $79,037,259 3.11% $2,461,063 3.15% $885,969 $2,488,963 Sarasota $7,062,649 $79,037,259 2.94% $2,327,409 2.98% $885,969 $2,353,794 St. John's $3,901,684 $79,037,259 1.63% $1,285,752 1.65% $885,969 $1,300,328 Bay $3,741,814 $79,037,259 1.56% $1,233,069 1.58% $885,969 $1,247,047 Putnam $3,598,200 $79,037,259 1. 50% $1,185,742 1.52% $885,969 $1,199,185 Flagler $2,611,875 $79,037,259 1.09% $860,711 1.10% $885,969 $870,469 Nassau $2,347,652 $79,037,259 0.98% $773,640 0.99% $885,969 $782,410 Broward $2,293,315 $79,037,259 0.96% $755,734 0.97% $885,969 $764,301 Martin $2,034,336 $79,037,259 0.85% $670,390 0.86% $885,969 $677,990 Okaloosa $2,023,400 $79,037,259 0.84% $666,786 0.85% $885,969 $674,346 Hardee $1,900,000 $79,037,259 0.79% $626,122 0.80% $885,969 $633,220 Santa Rosa $1,740,000 $79,037,259 0.73% $573,395 0.73% $885,969 $579,896 Marion $1,567,415 $79,037,259 0.65% $516,522 0.66% $885,969 $522,378 Miami-Dade $1,515,178 $79,037,259 0.63% $499,308 0.64% $885,969 $504,969 Calhoun $1,501,454 $79,037,259 0.63% $494,786 0.63% $885,969 $500,395 Alachua $1,427,721 $79,037,259 0.60% $470,488 0.60% $885,969 $475,822 Okeechobee $1,412,040 $79,037,259 0.59% $465,320 0.60% $885,969 $470,595 Wakulla $1,378,001 $79,037,259 0.57% $454,103 0.58% $885,969 $459,251 Seminole $1,297,284 $79,037,259 0.54% $427,504 0.55% $885,969 $432,350 Baker $1,187,555 $79,037,259 0.50% $391,344 0.50% $885,969 $395,781 Franklin $900,000 $79,037,259 0.38% $296,584 0.38% $885,969 $299,946 Lake $871,619 $79,037,259 0.36% $287,231 0.37% $885,969 $290,487 Hendry $817,570 $79,037,259 0.34% $269,420 0.34% $885,969 $272,474 Osceola $727,045 $79,037,259 0.30% $239,589 0.31% $885,969 $242,305 Gadsden $725,727 $79,037,259 0.30% $239,154 0.31% $885,969 $241,866 Bradford $649,816 $79,037,259 0.27% $214,139 0.27% $885,969 $216,566 Highlands $621,781 $79,037,259 0.26% $204,900 0.26% $885,969 $207,223 Clay $603,515 $79,037,259 0.25% $198,881 0.25% $885,969 $201,136 Glades $602,881 $79,037,259 0.25% $198,672 0.25% $885,969 $200,924 Jefferson $591,439 $79,037,259 0.25% $194,901 0.25% $885,969 $197,111 5 Citizen Participation Requirements County Recipients Counties eligible to receive funds must consider the needs of all municipalities (and Federally Recognized Indian Tribes) within the incorporated as well as unincorporated area of the county (and reservations contiguous to the county). Evidence of public meeting with city and Tribal governments must meet the following requirements: . Notice of the public meeting must be provided at least five (5) days prior to the meeting. . Documentation of the meeting must include sign-in sheets and minutes. Citizen Participation Requirements Prior to submitting an application for Disaster Recovery funding, applicants are required to post a public notice in a newspaper of general circulation and to their website, that states the types of projects to be undertaken, the source and amount of funding available for the activities, the date by which comments must be made, and a contact person for a copy of the proposed application. Applicants must provide for a 10-day comment period, which must be published prior to the submission of the application. Evidence of the public notice must meet the following requirements: Documentation of newspaper advertisement. · Print-out of county webpage showing public notice. · Documentation that the needs of non-English speaking citizens have been met where a significant number of non-English speaking citizens can be reasonably expected to participate. 6 LOCAL GOVERNMENT INFORMATION Local Government Applicant County DUNS #: MONROE COUNTY MONROE 073876757 Local Contact Title JOHN O'BRIEN PROJECT MANAGER Phone Number FAX Number 305-296-5621 X 247 305-292-1162 Mailing Address Street Address 1400 Kennedy Drive same City Zip Code Key West 33040 E-mail Address hsijob@aol.com l Tille -- Chief Elected Official Sylvia Murphy Chief Elected Official's Address (if different) Mayor 102050 Overseas Highway, Suite 234 Key Largo, FL 33037 Indicate the cities or Tribes that will be served in addition to the county: City of Layton, Villages of Islamorada, City of Key Colony Beach, City of Marathon, City of Key West. APPLICATION PREPARER INFORMATION Application Preparation Agency or Firm Monroe County Housing Authority Address Phone Number 1400 Kennedy Drive 305-296-5621 Key West, FL 33040 Contact Title J. Manuel Castillo, Sr. Executive Director E-Mail Address castillom@kwha.org Type of Agency Preparing Appli- Private Firm Regional Planning Government Other (Specify) cation (Check One): Council Agency X APPLICATION INFORMATION 7 List all jurisdictions in which recovery activities will take place (i.e., county Enter the amount of funding that the unincorporated area, names of any municipalities, and Tribal governments) local government is requesting: City of Layton, Villages of Islamorada, City of Key Colony Beach, City of $2,488,963 plus any unclaimed Marathon, City of Key West, Monroe County. multi-family funds up to $3,000,000. Is the local government covered by the National Flood Insurance Program? Yes No X Are the activities consistent with the local comprehensive plan? Yes No X Are you entering into an Interlocal Agreement with another local government in order to apply for, Yes No administer or carry out the project activities? X U.S. Congressional District I Florida Senate District(s) I Florida House District(s) 8 HISTORIC PRESERVATION Will the project or any related activities result in direct physical changes to a structure older than Yes No 50 years, such as demolition (partial or complete), rehabilitation, restoration, remodeling, reno- X vation expansion or relocation? Will the project or any related activities result in direct physical changes to public improvements Yes No older than 50 years, such as stone curbs or brick streets? X Will the project or any related activities result in direct physical changes to a planned open space Yes No older than 50 years, such as a park or plaza? X Will any project activities occur within 100 feet of a structure, public improvement, or planned Yes No open space older than 50 years? X Will any project activities occur in a Historic District listed on the National Register? Yes No X If "yes" was a response to one of the questions above, you must contact the State Historic Preservation Office (SHPO) immediately. Properties that are listed, or eligible for listing, in the National Register of Historic Places must meet the specifications reflected in the Secretary of the Interior's Standards or Rehabilitation Guidelines for Rehabilitating Historic Buildings (U.S. Department of the Interior, National Park Service). Copies of this publication and technical assistance on historic preservation issues may be obtained from the SHPO. PROJECT DESCRIPTION NARRATIVE BY PROJECT AND SERVICE AREA (MUST BE COMPLETED BY ALL APPLICANTS) A detailed written narrative shall include the following: 1. An explanation of the process by which the project(s) outlined in this application were determined to be the County's disaster recovery priorities. 2. An explanation of the reason and need for using CDBG funds (i.e., not covered by FEMA, insurance or other sources of funding). This explanation must specifically state how it relates to storms and documentation must be provided with application. 3. Documentation must include, but is not limited to: 1. Photographs (before); 2. Reports: FEMA, Damage Assessment Report, insurance, police, county, etc.; 3. Newspaper articles; 4. Television news stories (provide DVD); 5. Code Enforcement or Public Works Department Staff; certification of local housing authority 4. A description of each proposed activity by service area that includes: a. The purpose of the project and the National Objective met by the project *, b. The number of units to be completed (i.e. linear feet of waterlines, installed homes rehabilitated), c. The costs of the project, d. The beneficiaries (total and LMI) of the activities, and e. The location of the activities. (If any of the documentation is unavailable please provide a brief explanation) 5. A list of other sources of funds that have been made available to the County for recovery and a brief descrip- tion of the activities being funded. (This information should be very brief.) Please feel free to use as many pages as necessary to fully describe the activities that you wish to fund with CDBG disaster recovery dollars. 9 I * Need National Objective Forms (Attachments C, D, or E) 10 ASSURANCES, CERTIFICATIONS AND SIGNATURES This is an application for a Disaster Recovery grant (funded by the U.S. Department of Housing and Urban Devel- opment and administered by the Florida Department of Community Affairs). I, the undersigned chief elected offi- cial or authorized representative of the local government, certify that the application has been approved by the local governing body and that the local government will comply with the following certifications and assurances as well as applicable federal and state requirements in the administration of any award that is made. Failure of the Chief Elected Official to properly sign the application by the deadline, or failure to include a copy of the ordinance or resolution of the governing body authorizing another individual to sign the application, will result in the delay of your application beinq processed. I, the undersigned, certify that: 1. Citizen participation requirements will be met. 2. In identifying the areas of greatest need due to disaster-sustained damage, eligible activities and solutions to address those needs were selected through consultation and cooperation with the city governments and Tribes in the county. 3. The local government will satisfy the Intergovernmental Coordination and Review requirements by submitting required information to its Regional Planning Council and to the State Clearing House. 4. The local government will not attempt to recover, through special assessments, capital costs of public im- provements funded in whole or in part with these funds unless otherwise authorized by 24 CFR Section 570.482 and Section 104(b)(5) of Title I of the Housing and Community Development Act of 1974. 5. Each housing structure addressed with CDBG funds will, upon completion, meet the local housing code. Con- struction methods that emphasize high quality, durability, energy efficiency, sustainability and mold resis- tance will be encouraged. Efforts to mitigate flood risk through construction and elevation will be undertaken. 6. The grant will be administered in conformity with the Civil Rights Act of 1964 and Fair Housing Act; the local government will affirmatively further fair housing and undertake one fair housing activity each year. 7. An Anti-Displacement and Relocation Plan has been adopted (or will be adopted prior to the expenditure of funds) and displacement of persons will be minimized. 8. The information presented in this application is accurate, and documentation is on file and readily accessible to Department of Community Affairs staff. 9. Submission of this application was authorized by the local governing body. 11 DCA OTHER CERTIFICATIONS COMPLETE AS USE INDICATED A stakeholder meeting was held with local governments, Tribal Governments and Yes No housing providers to discuss unmet needs and best use of funding. X Notice of the public meeting was provided at least five (5) Yes No Date publicized days prior to the meeting. X 12/18/2009 Date public meeting with stakeholders was held. Date of Meeting 1/04/2010 Documentation of the meeting includes sign-in sheets and minutes. Yes No X Public notice (in a newspaper of general circulation and County's website) was pro- Publication Date vided that stated the types of projects to be undertaken, the source and amount of 12/21/2009 funding available for the activities, the date by which comments must be made, and a contact person for a copy of the proposed application. A 10-day comment period was allowed. Yes No X We considered the comments concerning the proposed application that NjA Yes No were expressed by citizens. X The Local Government is a participant in the National Flood Insurance Program. Yes No X We have adopted an Anti-Displacement and Relocation Policy in conformance with Adoption Date the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979, as amended, 49 CFR Part 24, and 24 CFR Part 570.606. 4/03/1999 We will adopt an Anti-Displacement and Relocation Policy in conformance with the Yes No NjA Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979, as amended, and will provide documentation of adoption of the policy to the Depart- X ment prior to the expenditure of any funds. Documentation is on file to show that we have submitted all required information Yes No to the Regional Planning Council, Bureau of Historic Preservation, and the State Clearing House. X We will submit the required information to the Regional Planning Council, Bureau of Yes No NjA Historic Preservation, and the State Clearing House prior to expending any funds. X We have adopted a Citizen's Complaint Policy that requires written answers to writ- Adoption Date ten complaints and grievances within 15 working days. 4/17/2002 12 We will adopt a Citizen's Complaint Policy that requires written answers to written complaints and grievances within 15 working days prior to expending any funds. All proposed activities are consistent with our Local Comprehensive Plan. We have adopted a local procurement policy that conforms to the following state and federal regulations: 24 CFR Section 85.36 and Section 287.055, Florida Stat- utes. We will adopt a local procurement policy that conforms to the state and federal regulations prior to the expenditure of any funds. We have adopted an Affirmative Action Plan that includes procedures for hiring mi- nority contractors and goals for hiring minority employees. We will adopt an Affirmative Action Plan that includes procedures for hiring minor- ity contracts and goals for hiring minority employees prior to expending any funds. We have documentation to verify that the service area(s) have, if necessary, been properly surveyed using the appropriate HUD Section 8 Income Guidelines and that the number of LMI persons residing in the service area(s) are consistent with the number of beneficiaries claimed in this application. We certify that no other source of federal, state, or local disaster funds is available to meet the need for the activities. Yes No N/A X Yes No X Adoption Date 4/16/2003 Yes No N/A X Adoption Date 4/15/1987 Yes No N/A X Yes No X Yes No X The local government certifies that it will comply with the following federal and state requirements: 1. Inform affected persons of their rights and the policies set out in 49 CFR 24 and 24 CFR 570.602 2. Florida Small and Minority Business Act, s.288.702-288.714, F.S. 3. Florida Coastal Zone Protection Act, s. 161.52-161.58, F.5. 4. Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, F.5. 5. National Environmental Policy Act of 1969, as amended and other provisions which further the purposes of this Act 6. National Historic Preservation Act of 1966, as amended 7. Protection of Historic Properties 36 CFR 800 8. Archaeological & Historic preservation Act of 1974, as amended 9. Executive Order 11593 ~ Protection and Enhancement of Cultural Environment 10. Reservoir Salvage Act (replaced by Archaeological & Historic preservation Act of 1974, as amended) 11. Safe Drinking Water Act of 1974, as amended 12. Endangered Species Act of 1958, as amended 13. Executive Order 12898 - Environmental Justice 14. Executive Order 11988 and 24 CFR 55 - Floodplain Management 15. Federal Water Pollution Control Act of 1972, as amended 16. Executive Order 11990 - Protection of Wetlands 17. Coastal Zone Management Act of 1972, as amended 18. Wild and Scenic Rivers Act of 1968, as amended 19. Clean Air Act of 1970, as amended 20. HUD Environmental Standards set out in 24 CFR 58 21. Farmland Protection Policy Act, as amended, as set out in 7 CFR 658 22. Title I of the Housing and Community Development Act of 1974, as amended 23. The Clean Water Act of 1977. as amended 13 24. Davis-Bacon Act, as amended 25. Contract Work Hours and Safety Standards Act of 1962, as amended 26. Fish and Wildlife Coordination Act, as amended 27. Flood Disaster Protection Act of 1973, as amended 28. Protection of Historic and Cultural Properties under HUD Programs, 24 CFR 58 29. Coastal Zone Management Act of 1972, as amended 30. Federal, State and Local Architectural and Construction Standards 31. Architectural Barriers Act of 1968, as amended 32. Executive Order 11296, relating to evaluation of flood hazards 33. Executive Order 11288, relating to the prevention, control and abatement of water pollution 34. Cost-Effective Energy Conservation Standards, 24 CFR 35. Section 8 Existing Housing Quality Standards, 24 CFR 8 36. Coastal Barrier Resources Act of 1982, as amended 37. Federal Fair Labor Standards Act 38. Title VI of the Civil Rights Act of 1964 -Non-discrimination 39. Title VIII of the Civil Rights Act of 1968 - (Fair Housing Act) 40. Age Discrimination Act of 1975 41. Executive Order 12892 - Fair Housing 42. Section 109 of the Housing and Community Development Act of 1974, Non-discrimination 43. Section 504 of the Rehabilitation Act of 1973 and 24 CFR 8 44. Executive Order 11063 - Equal Opportunity in Housing 45. Executive Order 11246 - Non-discrimination 46. Copeland Anti-Kickback Act of 1934, as amended 47. Hatch Act, as amended 48. Lead-Based Paint Poisoning Prevention Act, as amended 49.0MB Circulars A-87, A-122, and A-133, as revised 50. Treasury Circular 1075, as revised, regarding drawdown of CDBG funds 51. Single Audit Act of 1984, as amended by the Single Audit Act Amendments of 1996, as amended 52. Administrative Requirements for Grants, 24 CFR 85 53. Section 3 of the Housing and Urban Development Act of 1968, as amended 54. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended 55. Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975, as amended 56. Noise Abatement and Control: Departmental Policy Implementation, Responsibilities, Standards, 24 CFR 51, Subpart B 57. Section 102 of the Department of Housing and Urban Development Reform Act of 1989, as amended Signature of Chief Elected Official or Designee (If designee, include resolution in appendices.) Signature Typed Name and Title Sylvia Murphy, Mayor Date January 20, 2010 If signed by a person other than the chief elected official, is a copy of the required resolution included in the Appendices? Yes No Signature of Application Preparer if other than an employee of the Applicant 14 Signature Typed Name and Title John O'Brien, Project Manager Name of Firm or Agency Monroe County Housing Authority Person Designated by the Applicant to Submit Request for Funds Typed Name and Title Lee Ann Broadbent Title and Office/Department Monroe County Housing Authority Typed Name and Title of Supervisor J. Manuel Castillo, Sr., Executive Director 15 ELIGIBLE ACTIVITIES (TO BE USED BY All APPLICANTS) This table provides a list of activities eligible for funding. Applicants shall give priority to addressing storm-related housing repair and long-term recovery activities. Where there are no storm-related housing repair or long term re- covery activities to be addressed, mitigation activities targeting housing and infrastructure are allowable. Applicants proposing mitigation activities will be required to certify that they have determined through locally coordinated efforts that storm related housing repair and long term recovery needs have already been addressed or are not required. Use the activity name, activity number and unit of measure when completing spreadsheets in this application that re- quire the name of the proposed activities and/or the activity number. Contact the Department if you wish to under- take a CDBG eligible activity that is not listed below. All activities must be related to the 2008 storms: Tropical Storm Fay, Hurricane Gustav and Hurricane Ike. ACTIVITY NAME* ACTIVITY UNIT OF MEASURE ENGINEERING TABLE (mav be shortened or abbreviated) NUMBER Acauisition for rehabilitation 15G LF SITE PARCEL UNIT HU BU N/A Acquisition in 100 year flood plain or Acquisition, acquisition (in 01 LF, SITE, PARCEL, UNIT, HU, BU N/A support of), acquisition of real property, acquisition: land, building, easement or riqht-of-way Administration, Plannina. and Manaqement 21A N/A Nla Asbestos removal/lead based paint abatement 03R HU BU N/A Clearance and Demolition 04 HU, BU UNIT Code enforcement 15 HU, BU N/A Commercial/industrial building acquisition, commercial rehab, 17C BU Table II demolition Demolition of vacant dilapidated housinCl units 04A HU, SITE N/A Demolition of vacant dilapidated structures (other than housinq) 04A HU, BU, UNIT N/A EnClineerina 21B N/A N/A Fire protection, fire hydrants, water facilities, lines, tank, treat- 03J LF, UNIT, HYDRANT Table II (Plant, Well and ment. well Tank Table n Fire station, equipment 030 UNIT Table II Flood & drainage, hazard mitigation, flood & drainage, storm 031 LF, UNIT Table II drains. catch basin. retention pond curb & Clutter HousinCl rehab plumbina 14A LF UNIT HU N/A Open space parks plavarounds recreational facilities 03F LF, UNIT SITE PARCEL Table II Other Commercial/Business Assistance 17D UNIT Other commercial/industrial improvements 17D BU, UNIT SITE Parkinq facilities spaces 03G UNIT Table II Permanent relocation as part of hazard mitigation, permanent relo- 08 HU, BU N/A cation temporarY relocation Potable well & septic svstem installation 14A LF UNIT WELL N/A Public facilities & improvements (OTHER) 03 LF UNIT Table II Recreation/neiahborhood center senior center 03E LF UNIT SITE PARCEL Table II Rehab multi unit residential 14B HU N/A Rehab, public/private owned commercial/industrial -- N/A 14E UNIT Rehab sinaleunit residential 14A HU N/A Rehabilitation of commercial buildings, I, section 504 compliance, 17C BU Table II correction of code violation buildinq rehab bv owner/tenant Relocation of commercial facilitv 08 HU BU N/A Relocation of utilities to underqround 03 LF UNIT Table II Removal of architectural barriers in public bUildinqs 10 BARRIER, UNIT Table II Replacement housina 12 HU N/A Sewage treatment plant, sewer lines & components, sewer line re- 03J UNIT, LF, PLANT Table I placement, other sewer facilities force sewer main, gravity sewer main treatment pump/lift stations Sidewalks and pedestrian malls 03 LF Table II Solid waste disposal improvements 03H LF UNIT Table II Street improvements resurfacina 03K LF Table II Utility hookups 03 HU, BU Table II Water andlor sewer hookups for housing units 14A HU, BY Table I Water facilities, water & sewer improvements in general, nonresi- 03J LF, UNIT Table II (Hook-up is Table dential water hookups' new potable water lines n 16 LMI BENEFIT CRITERIA DOCUMENTING lMI BENEFIT AND NATIONAL OBJECTIVE (a) HUD Census Data - LMI benefit may be documented by using HUD-provided Census Data where the service area geographically corresponds with block groups, census tracts, or local government geographical limits. (b) Sampling Survey Methodology - A sample-based survey of the beneficiaries must utilize the "Income Verification Form," Form 27-07, located in the Application Manual, which must correspond with the random sampling requirements established by HUD in Notice CPD-05-06, as effective on 5-23-06. 1. The survey process must verify eligibility of any proposed direct benefit activities, certify the number of projected very low, low and moderate income households and beneficiaries, and the total number of beneficiaries. 2. Where the sample-based survey results appear to substantially overstate the proportion of persons with low or moderate income in a service area, the Department will require the local government to provide supporting evidence which substantiates the survey data. If the survey results are found to be inaccurate, the survey shall be rejected. I Small Service Area Survey Methodology. For surveys of service areas under 50 households, all households must be surveyed. Any non-responding household must be assumed to be above low and moderate income. The number of household members for non-responding households shall be based on the average household size from the survey. (d) A survey approved by the Department for a CDBG application remains valid for the same geographic service area for up to five years from the date the survey was completed. (e) Only the methods of LMI benefit determination provided for in this section shall be used. (f) Beneficiaries of Public Improvements. For activities where hookups or connections are required for beneficiary access to the public improvement, low and moderate income benefit shall be determined by the number of low and moderate income persons in households connected to and able to use the water, sewer or other infrastructure at the time of administrative closeout, divided by the total number of persons who are, or could be, hooked up in the service area. 17 ATTACHMENT A GENERAL GUIDELINES Sub-reci pients Recipients of the funds may allocate funding to another local government, Indian Tribe, or non-profit organization for the purpose of carrying out activities funded by the award agreement. In such cases, a Sub-recipient agreement must be executed by the local government and the non-profit organization and approved by the Department. The Recipient retains the legal responsibility for ensuring that applicable federal and state laws, rules and regulations are followed and must provide the Department with a Monitoring Plan. Interlocal Agreements Applicants proposing to conduct eligible activities in other eligible jurisdictions must submit documentation to the Department of an established relationship between the jurisdiction(s) or enter into an DesignDcal agreement, which includes at a minimum, the following provisions: Includes as parties all local governments whose jurisdiction is included in the project and/or service area(s); - Authorizes the eligible subgrantee to undertake the activities in all jurisdictions included in the DesignDcal agreement; and - Affirms that all activities are consistent with each local government's comprehensive plan and provides documentation which includes applicable excerpts of each local government's comprehensive plan. - Any alternative agreement between local governments and non-profit organizations must accomplish the in- tent of an DesignDcal agreement. Such agreements must establish a relationship with the jurisdiction(s) to be served and provide the information identified in (a), (b) and (c) above. The jurisdiction of a non- profit will be the county in which it is located. Program Income Any program income earned as a result of activities funded under this grant must be reported to the Department, but may be retained for the life of the subgrant by the subgrantee and used to continue the CDBG disaster recovery activity as approved by the Department. Program income must be expended by subgrantees before requesting funds from the Department. The expenditure of program income should be reflected in financial records. Duplication of Benefits Subgrantees and/or beneficiaries must provide documentation of any funds received from other sources which were applied toward the total costs of the project funded by these disaster recovery funds. Applicants shall demonstrate that no other federal, state, local or private funds are available at this time to address the disaster recovery needs and that the local government is not being reimbursed for the activities by another source (e.g., FEMA). The funds available hereunder shall not be used to supplant any other funding. Beneficiaries of Public Improvements For activities where hookups or connections are required for beneficiary access to CDBG-funded public im- provements, low and moderate income benefit shall be determined by the number of low and moderate in- come persons in households connected to and able to use the water, sewer or other infrastructure at the time of administrative closeout. For activities where hookups or connections are required as a condition for beneficiary access to a CDBG- funded public improvement, no hookup or connection fees shall be charged to very-low, low or moderate- income beneficiaries. Beneficiaries of activities funded under this emergency rule shall not be expected to pay for or reimburse the subgrantee for any portion of the project costs, whether impact fees, connection charges, or other. 18 Housing Rehabilitation Standards Upon completion of storm-related housing rehabilitation or housing mitigation activities, all housing units addressed with CDBG funds must be in compliance with local and state housing codes. The State requires that all housing units assisted with these disaster recovery funds be brought up to State and local codes and standards, including appropriate energy conservation measures (i.e. energy efficient appliances, windows, doors, etc.). Efforts to miti- gate flood risk through construction and elevation should be undertaken. This requirement does not apply if the construction activity is limited to water hookups, sewer hookups, the abandonment of wells, or the abandonment of septic systems with no internal or external modifications to the housing structure. Manufactured Housing If manufactured housing units are used for replacement housing, they must meet the following specifications: Manufactured housing units must be built to HUD post-1994 construction standards. - The units must be new, previously uninstalled manufactured housing units. Units must bear HUD compliance certification meeting HUD wind resistance construction standards for wind zone 3. The county shall inspect and approve the installation of all manufactured housing units to ensure compli- ance with the local building code. Units must be installed to the manufacturer's installation instructions. These funds may not be used for furniture or interior design costs, insurance, financing points, or add-on structures. Replacement units may be placed on leased land or resident-owned land. Site location must meet minimum safety criteria (e.g., not located in floodplain, not in high velocity wind zone, etc.). Units must be owner-occupied. The cost of each manufactured housing unit must not exceed the appraised value of the unit per the Fannie Mae/Freddie Mac manufactured housing appraisal gUidelines currently in effect (e.g., Fannie Mae, An- nouncement 03-06, Appraisal Guidelines for Manufactured Housing.) Hookup and Connection Fees For activities where hookups or connections are required as a condition for beneficiary access to a CDBG funded public improvement, no hookup or connection fees shall be charged to very-low, low or moderate-income beneficiaries. Further, no portion of the project construction costs shall be charged to very-low, low or moderate- income beneficiaries. Monitoring Visits The Department shall conduct on-site monitoring visit(s) to determine whether State sub-recipients are complying with program requirements. Sub-recipients shall respond to any issues identified in a monitoring report within thirty (30) days after receiving the report. Failure to respond may result in the Department rejecting requests to draw funds, termination of the contract, and repayment of any funds already expended for any ineligible activities. Definitions The Florida Small Cities Community Development Block Grant (CDBG) program is governed by definitions provided in the Housing and Community Development Act of 1974, as amended; and Title 24 C.F.R. 570, incorporated herein by reference, as effective on 5-23-06. The following additional definitions are provided for clarification. (1) "Architectural and engineering services" means the basic services required to be performed by an architect or engineer licensed by the State of Florida including preliminary engineering, design services and services during construction except for the following additional engineering services: (a) Site surveys for water treatment plants, sewage treatment works, dams, reservoirs, and other similar special surveys as may be required, such as route surveys. 19 (b) Laboratory tests, well tests, borings, specialized geological soils, hydraulic or other studies recommended by the engineer. I Property surveys, detailed description of sites, maps, drawings, or estimates related to them, assistance in negotiating for land and easement rights. (d) Necessary data and filing maps for water rights. (e) Redesigns ordered by the owner after final plans have been accepted by the owner and the local government, except redesigns to reduce the project cost to within the funds available. (f) Appearances before courts or boards on matters of litigation or hearings related to the project. (g) Preparation of environment assessments or environmental impact statements. (h) Performance of detailed staking necessary for construction of the project in excess of the control staking. (i) Provision of the operation and maintenance manual for facilities. CD Activities required for obtaining state and federal regulatory agency construction permits. (k) Design of hookups. (I) Cost of engineering specialties such as electrical; hydro geological services; biologists; and heating, ventilation, and air conditioning (HVAC). (2) "Authorized signature" means the original signature of the Chief Elected Official or the signature of a person who is designated by charter, resolution, code, ordinance or other official action of the local government to sign CDBG related documents. If a signature other than the Chief Elected Official is submitted, a copy of that designation must accompany that signature. (3) "Direct Benefit" is CDBG assistance that promotes or enhances individual well-being including housing rehabilitation, sewer and water hookups, or job creation by a Participating Party. Activities that only meet a national objective through an area-wide determination do not confer direct benefit. (4) "Job creation location" means the geographic location within the project area where job creation activities of the Participating Party and expenditure of non-public funds will occur. This excludes any locations where public funds from any source are being expended for local government-owned infrastructure, local government owned public facilities or within public easements or rights-of-way. (5) "Jobs - created" means jobs - permanent which were not in existence in the State of Florida prior to the provision of the CDBG assistance and which would not be created without CDBG assistance. In cases where an employer both creates and eliminates jobs, "jobs - created" means the difference between the new jobs - created and the old jobs eliminated. (6) "Jobs - permanent" means a full-time job or a full-time equivalent job (2,000 hours annually) as set forth in the application which is necessary to the overall goals and objectives of a business and which has no known end, and which will be maintained by the Participating Party for a minimum of one year from administrative closeout of the subgrant. (7) "Jobs - retained" means jobs - permanent which, without CDBG assistance, would be abolished by layoffs, plant closing, or other severe economic or natural conditions or as otherwise clarified in 24 C.F.R. 570.483(b)( 4), as effective on 5-23-06. (8) "Jurisdiction" means the corporate limits of a local government or the area over which it has zoning authority. (9) "Liquidated damages" are funds paid to a local government by a contractor, vendor, or any other party pursuant to a CDBG-funded contract when such payment is triggered by nonperformance or failure to perform on their part. This definition is applicable whether such funds are withheld by the local government or repaid or rebated to the local government by the contractor, vendor or third party. (10) "Local government" means a unit of general purpose local government, i.e., county governments and municipal governments (incorporated cities, towns and villages) within the State of Florida. Unless otherwise stated, "applicant" shall refer to the applying local government. (11) "Participating party" means a business or other entity responsible for creating or retaining jobs - permanent as part of the proposed Economic Development project. The applying local government shall not be a participating party in its own application. (12) "Project area or areas" means the site or sites upon which all subgrant-related construction activities take place, without respect to funding source. (13) "Public notice" is defined as an advertisement published in a local newspaper of general circulation at least 20 five days, and no more than 20 days, prior to the event for which the notice was placed. The calculation of the time period shall not include the date of publication of the notice. (14) "Section 3" means Section 3 of the Housing and Community Development Act of 1968, as amended, as effective on 5-23-06, and 24 C.F.R. Part 135, as effective on 5-23-06, relating to employment and other economic opportunities for lower income persons. (15) "Service area" means the total geographic area to be served by a subgrant-funded activity, where at least 51 percent of the residents are low and moderate income persons. A service area will encompass all beneficiaries who are reasonably served or would be reasonably served by an activity. (16) "Time period" or "days" means calendar days. All time periods specified in this rule, the application, the contract and all correspondence to and from the Department refer to calendar days unless otherwise specified. (17) "Very low-income family (VLI)" is a household whose annual income does not exceed 30 percent of the median income for the area or does not exceed 30 percent of the median income for the State, whichever is higher, as most recently determined by HUD. This information can be found in the HUD adjusted census data in the elements titled FAMVLOW and NFAMVLOW. (18) "Low-income family (L1)" is a household whose annual income does not exceed 50 percent of the median income for the area or does not exceed 50 percent of the median income for the State, whichever is higher, as most recently determined by HUD. 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BLIGHT for SPOT BASIS NATIONAL OBJECTIVE FORM SUPPLEMENT to DRI APPLICATION for FUNDING Grant Number: Recipient: Service Area # and Project Name: The elimination of specific conditions of blight or deterioration on a spot basis is designed to comply with the statutory objective for CDBG funds to be used for the prevention of blight, on the premise that such action(s) serve to prevent the spread to adjacent properties or areas. See the HUD Guide to National Objectives and Eligible Activities ~tate CDBG Procuam for further information. 1. To comply with the national objective of elimination or prevention of slum or blight on a spot basis, i.e., outside a slum or blighted area, an activity must meet the following criteria: . The activity must be designed to eliminate specific conditions of blight or physical decay not located in a Oesignnated slum or blighted area, and . The activity must be limited to one of the following: (Check one) - Acquisition - Clearance - Relocation - Historic Preservation - Rehabilitation of buildings, but only to the extent necessary to eliminate specific conditions detrimental to public health and safety. 2. Enter the date that the need was identified: 3. Enter the name and title of the individual who made the de- termination that the conditions meet the slum and blight national objective: 4. Describe the location where the slum and blighted conditions exist (i.e., city, county, streets, service area, etc.): 5. Describe the specific condition of blight or physical decay to be addressed: 6. Describe the timing or the development of the conditions: 7. Describe how the condition(s) poses a threat to the public's health and safety. NOT APPLICABLE 24 8. Describe how the activity to be funded by CDBG will alleviate the slum and blight and how it will eliminate condi- tions that are detrimental to the public's health and safety. 9. List the documentation that the local government can provide to show that the conditions being addressed fall un- der the slum and blight national objective (i.e., resolution of the local governing body, photographs of conditions, notice from Health Department or other agency, code enforcement documentation, etc.). Return this form along with copies of the documentation to the Department. By signing below, I certify that the activities funded under the Slum & Blight on a Spot Basis national objective meet the criteria stated above: Signature of Chief Elected Official Date Printed Name of Elected Official Title NOT APPLICABLE 25 ATTACHMENT D SLUM & BLIGHT for AREA BASIS NATIONAL OBJECTIVE FORM SUPPLEMENT to DRI APPLICATION for FUNDING Grant Number: Recipient: Service Area # & Project Name: To qualify under the national objective of slum/blight on an area basis, an activity must meet all of the following crite- ria: 1. The area must be officially designated by the recipient and must meet a definition of a slum, blighted, deterio- rated, or deteriorating area under state or local law. It is not necessary to formally designate/declare the area to be blighted, but the area must meet the definition for designation. 2. The area must exhibit at least one of the following physical signs of blight or decay: A. There must be a substantial number of deteriorated or deteriorating buildings throughout the area. As a "safe harbor," HUD will consider this test to have been met if either: (1) the proportion of buildings in the area that are in such conditions is at least equal to that specified in the applicable state law for this purpose; or (2) in the case where the applicable state law does not specify the percentage of deteriorated or deterio- rating buildings required to qualify the area, then at least one quarter of all of the buildings in the area must be deteriorated or deteriorating. B. The public improvements throughout the area must be in a general state of deterioration. For this purpose, it would be insufficient for only one type of public improvement, such as a sewer system, to be in a state of deterioration; rather the public improvements taken as a whole must clearly exhibit signs of deterioration. 3. Documentation must be maintained by the recipient on the boundaries of the area, on the conditions that qualify the area at the time of its designation. 4. Activities to be assisted with CDBG funds must be limited to those that address one or more of the conditions that contributed to the deterioration of the area. Note that this does not limit the activities to those that address the blight or decay itself, but it allows an activity to qualify if it can be shown to address a condition that is deemed to contribute to the decline of the area. Where the assisted activity is rehabilitation of residential structures, two additional criteria must be met: . Each building must be considered substandard under local definition. . Grant recipients must have developed minimum building quality standards for this purpose. . All deficiencies making the building substandard must be corrected before less critical work on the building may be undertaken. See the HUD Guide to National Objectives and Eligible Activities for State CDBG Program for further in- formation. 10. Typical activities designed to address slum or blight on an area basis include: (Check One) _ Acquisition and clearance of blighted properties; _ Renovation and reuse of abandoned, historic buildings; _ Commercial revitalization through fac;ade improvements; _ Removal of environmental contamination on a property to enable it to be redeveloped for a specific use; or _ Rehabilitation of buildings, but only to the extent necessary to eliminate specific conditions detrimental to public health and safety. 11. Records that must be maintained by the recipient, copies of which must be submitted to the Department, include: . The boundaries of the service area; . A description of the conditions that qualified the area at the time of its designation in sufficient detail to demon- strate how the area met the criteria for designation; NOT APPLICABLE 26 . A description of the activity showing how it addresses a condition that led to the decline of the area. Each resi . dential rehabilitation activity must also be supported by documentation that shows: .(' How the building qualifies under the grant recipient's definition of "substandard," and .(' As applicable, information showing that any deficiencies making the building substandard were elimi- nated prior to less critical work beina done. 12. Check yes if the specific conditions being address are located within a slum or blighted area: _Yes _ No (If No is checked the conditions being addressed are not located in a desiqnated slum or bliqhted area.) 13. Enter the date that the need was identified: 14. Enter the name and title of the individual who made the determina- tion that the conditions met the slum and bliqht national objective: 15. Describe the location where the slum and blighted conditions existed (i.e., city, county, streets, service area, etc.): 16. Describe the specific condition of blight or physical decay to be addressed: 17. Describe the timing or the development of the conditions: 18. Describe how the condition(s) poses a threat to the public's health and safety. NOT APPLICABLE 27 19. Describe how the activity to be funded by CDBG will alleviate the slum and blight and how it will eliminate condi- tions that are detrimental to the public's health and safety. 20. List the documentation that the local government can provide to show that the conditions being addressed fall under the slum and blight national objective (i.e., resolution of the local governing body, photographs of condi- tions, notice from Health Department or other agency, code enforcement documentation, etc.). Return this form along with copies of the documentation to the Department. By signing below, I certify that the activities funded under the Slum & Blight on an Area Basis national objective meet the criteria stated above: Signature of Chief Elected Official Date Printed Name of Elected Official Title NOT APPLICABLE 28 ATTACHMENT E URGENT NEED NATIONAL OBJECTIVE FORM SUPPLEMENT to DRI APPLICATION for FUNDING Grant Number: Recipient: Service Area # & Project Name: To comply with the national objective of meeting community development needs having a particular urgency, an activity must be designed to alleviate existing conditions which the local government certifies and state determines (1) pose a serious and immediate threat to the health or welfare of the community, (2) of recent origin or recently became urgent, (3) the grant recipient is unable to finance the activity on its own, and (4) other sources of funding are not available to carry out the activity. A condition will generally be considered to be of recent origin if it developed or became critical within 18 months preceding the grant recipient's certification (refer to 24 CFR 570.483(d)). See the HUD Guide to National Objectives and Eligible Activities for State CDBG Program for further information. 21. The local government must certify and provide documentation that the activity to be conducted under the urgent need national obiective meets all of the followinq: . Poses a serious and immediate threat to the health or welfare of the community. . Is of recent origin or recently became urgent (i.e., local government must have identified it as an urgent need during or immediately followinq the disaster). . The local qovernment is unable to finance the activity on its own. . No other sources of fundinq are available to carrv out the activity. 22. Enter the date that the need was identified as urqent: 23. Enter the name and title of the individual who made the determination that the conditions were urqent: 24. Describe the location where the urgent conditions existed (i.e., city, county, streets, service area, etc.): 25. Describe the nature and degree of seriousness of the conditions requiring assistance, including persons or neighborhoods af- fected by the conditions: 26. Describe the timing or the development of the conditions: NOT APPLICABLE 29 27. Describe how the activity to be funded by CDBG will alleviate the urgent condition: 1-- 28. Indicate why there are no other resources available to address the need (i.e., does not qualify for FEMA assistance, not covered by insurance, etc.): 29. List the documentation that the local government can provide to show that the conditions are urgent (i.e., resolution of the local governing body, photographs of conditions, notice from Health Department or other agency, code enforcement documentation, resolution of the local governing body acknowledging the threat to the community, etc.). Return this form along with copies of the documentation to the Department. By signing below, I certify that the activities funded under the Urgent Need national objective meet the criteria stated above: Signature of Chief Elected Official Date Printed Name of Elected Official Title NOT APPLICABLE 30 ATTACHMENT F GENERAL INSTRUCTIONS FOR PREPARING AN ESTIMATED PROJECT BUDGET The "Cost Standard Used" to estimate costs must be available for review during the site visit. Department staff will review it for cost reasonableness. The Department reserves the right to request justification of the cost rea- sonableness of any budgetary item. If the applicant cannot justify a cost, the Department will reduce the line item budget at the time of contracting. If the applicant chooses to pay for the cost of the grant application preparation from the grant, if awarded, en- ter the payment amount. Document the eligibility of this expense in the Appendices. To be an eligible expendi- ture, the following requirements apply: The grant writer must have been procured pursuant to 24 CFR Section 85.36, as it existed on the day of advertising for the Request for Proposal. If the applicant prepared the application using local government staff, or if the staff of another govern- mental agency was selected pursuant to Chapter 287, Florida Statutes, the local government may seek payment only for direct costs incurred as part of the grant application preparation. A contract for the grant writer must have been executed before the application deadline. Invoices or other documentation to justify the amount requested must also be included in the Appendi- ces. Please be aware that if the applicant is awarded a grant, the Department will review this pro- curement or expense, and if it determines that the procurement process or contracting process was not carried out correctly, or the expense is not eligible, the Department will disallow the ex- pense. 31 ATTACHMENT G AFFORDABLE RENTAL HOUSING SCOPE OF WORK Grant Number: Recipient: MONROE COUNTY Service Area # and Project Name: Nt A HUD has determined that affordable rental housing projects will address the greatest unmet need under this program. Using FEMA assessment data, communities will make their best efforts to search for and find affordable rental housing projects. Please describe the steps undertaken to identify all possible affordable rental housing projects in your com- munity. Monroe County as hit with a major rain and wind event with localized flooding through the Keys as a result of Tropical Storm Faye. In response to a Florida Housing SHIP Program inquiry dated September 3, 2008, the Monroe County Program SHIP Coordinator attempted to identify SHIP eligible affordable housing single family and multi-family proper- ties that were damaged. Only three multi-family affordable housing properties were identified. They are Newport Vil- lage in Key Largo, Tropical Isle Apartments in Marathon and Eastwind Apartments in Marathon. All three properties are owned or controlled by the Monroe County Housing Authority. Upon adoption of the Monroe County Disaster Recovery Assistance Plan, the County will advertise for additional multi- family applicants. By signing below, I certify that all efforts were made to identify affordable rental housing projects. 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