HomeMy WebLinkAboutK. Wastewater IssuesBOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 6/16/10 Division: Administrator
Bulk Item: Yes _ No X Department: Wastewater
Staff Contact Person/Phone #: Elizabeth Wood/292-4525
AGENDA ITEM WORDING: Wastewater status report.
ITEM BACKGROUND: N/A.
PREVIOUS RELEVANT BOCC ACTION: N/A.
CONTRACT/AGREEMENT CHANGES:N/A.
STAFF RECOMMENDATIONS: N/A.
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
Draft Wastewater Department - Wastewater Projects — May 2010 Status Report — June 16, 2010
Keys Wastewater Plan (KWP) Implementation
Letter of support for SB 550 sent to Governor Crist by Mayor Murphy.
FKAA submitted Work Plan for Decentralized Wastewater Treatment Demonstration Project
Grant (onsite system funding) to EPA. FDEP has reviewed the Work Plan.
Lateral Assistance Status
- DCA Disaster Recovery Contract #IODB-K4-11-54-02-K24 sent to DCA for signature.
- Held grant coordination meetings with FKAA, Marathon, KLWTD, and Islamorada.
- Community Advisory Task Force (CATF) advised that CATF meeting would be held in June.
Reviewed Advisory Board oath.
- Second DCA Small Cities community participation hearing scheduled for June 16, 2010.
Non -Ad Valorem Assessments
Managed system development fee assessment pay-offs, appeals, tax roll corrections and refunds
for the Big Coppitt, Duck Key, and Stock Island Programs. Loaded Stock Island assessment data
into database.
• Began file review to address equivalent dwelling unit (EDU) allocation appeals.
Key Largo Wastewater Treatment District
• Key Largo Sewer— Monroe County site inspector overseeing construction on KLWTD projects to
ensure compliance with County road restoration requirements, including attending pre -
construction meetings with contractors, inspecting road repairs, meeting with contractors to
determine repairs and replacement of county road signs in project area.
Duck Key/Conch Key
FKAA awarded Wastewater Treatment Plant construction upgrade and expansion contract to
Encore Construction. Progress meeting 3 held April 28, 2010.
Duck Key collection system design is complete and permitted. Working with FKAA and OMB to
identify available funding to construct Phase 1 of the collection system. Cudj oe Regional expanded
design suspended and budget shifted to construction.
73% of 150 EDUs at Conch Key are connected to system.
South Lower Keys Regional Wastewater Treatment Facility (Big Coppitt)
• Revising Loan Draw #8 to include Giannetti Application #13 and Wharton Smith final payments.
• Compiling contract close-out documents to facilitate final reimbursements. Amendment to ILA is
necessary to budget $2 Million to facilitate
• Addressed property owner questions related to lateral connections and building permits.
• FKAA reports 756 out of 1704 EDUs connected.
• Coordinating with FKAA to address property owner complaints.
Wastewater Report — June 16, 2010 BOCC meeting
Page 1 of 2
Cudioe Regional Wastewater Treatment Facility
• Evaluating Task Order with Professional Engineering Consultants for preparation of SRF
Facilities Plan.
• DOTs surplus of property at three locations for the Cudjoe regional pumping stations, per DOT's
guidelines, under review for consistency with Heritage Trail Plan.
• Cudjoe Regional WWTP 60% design review complete. Easement, power, water, and transmission
line routing issue being resolved.
• Cudjoe transmission main 30% design review complete. Feasibility of Niles Channel crossing
established.
• Cudjoe Regional (central) 90% design review complete. DEP and DOT permit applications to be
submitted in April 2010. Draft Wastewater Master Specifications under review by FKAA.
• Cudjoe Regional (expanded) 30% design drawings under review.
Stock Island
Approximately 82% of the 2,672 EDUs served by the initial gravity collection system and Phases 1-3
of the expanded vacuum system are connected. Code enforcement meetings are held monthly and
fines are being imposed if design, permitting, and connection deadlines are not met.
West Long Key
• Meeting held with property owners on West Long Key to present option of connecting adjacent
properties to Outdoor Resorts treatment facility as opposed to upgrading approximately 20 onsite
systems. Level of subsidy will determine which option is more attractive to residents.
Wastewater Report — June 16, 2010 BOCC meeting
Page 2 of 2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
6/16/10
Division:
Administrator
Bulk Item: Yes
_ No X
Department:
Wastewater
Staff Contact Person/Phone #: Elizabeth Wood/292-4525
AGENDA ITEM WORDING: Approval of third Amendment to the 6/21/06 interlocal agreement
(ILA) with FKAA revising the County Funding portion to $37,000,000 and immediately appropriating
those funds which have been duly approved for the estimated costs of administration, planning and
construction of the Big Coppitt Regional Wastewater Project.
ITEM BACKGROUND: The 6/21/06 ILA established the responsibilities of the County and FKAA
for the planning, design, construction and funding of the Big Coppitt wastewater project. The 11/14/07
amendment revised the County's funding obligation and stated that proceeds from the State of Florida
SRF would only be utilized for the Big Coppitt Project. The 2/18/09 amendment clarified previous
restrictions to allow for use of SRF proceeds on other projects as long as the Big Coppitt project is
fully funded.
PREVIOUS RELEVANT BOCC ACTION: Approval of 6/21/06 ILA with FKAA. Approval of
11/14/07 amendment to ILA. Approval of 2/18/09 amendment to ILA.
CONTRACT/AGREEMENT CHANGES: This amendment increases the appropriation for the Big
Coppitt Regional Wastewater System based on actual costs incurred.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $2,000,000 INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE: NA
COST TO COUNTY: $2,000,000 SOURCE OF FUNDS: F304
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchasing Risk Management
DOCUMENTATION
DISPOSITION:
Revised 7/09
Included X Not Required
AGENDA ITEM #
THIRD AMENDMENT TO
INTERLOCAL AGREEMENT
FOR THE
BIG COPPITT REGIONAL WASTEWATER SYSTEM
THIS THIRD AMENDMENT TO INTERLOCAL AGREEMENT is entered into the
16th day of June, 2010, pursuant to Sec. 163.01, FS, by and between Monroe County, a political
subdivision of the State of Florida, (County), and the Florida Keys Aqueduct Authority, Inc., an
independent special district, (FKAA).
WHEREAS, on June 21, 2006, the parties entered into an inter -local agreement (ILA) for the
purpose of funding the costs associated with the administration, planning and development of a
regional wastewater project; and
WHEREAS, on November 14, 2007, that ILA was amended to recognize the County's
authority to seek State Revolving Loan Funds (SRF) and specified that proceeds of such loans would
be applied to the Big Coppitt project; and
WHEREAS, on February, 2009, that ILA was amended to clarify that the ILA restriction of
SRF to the Big Coppitt project was a function of time and that funds received pursuant to
applications in 2009 or later may be applied to other wastewater projects
WHEREAS, it is desired to amend the ILA to provide for the additional funding required to
complete the capital project; now, therefore
IN CONSIDERATION of the mutual consideration and promises set forth below, the parties agree
as follows:
1. Paragraph 1, County Funding, of the Inter -local Agreement (ILA) dated June 21, 2006, , as
previously amended, for the Big Coppitt Regional Wastewater System shall be amended to read as
follows:
1. The County shall immediately appropriate from any lawfully available source, those
funds which have been duly approved for the estimated costs of administration,
planning and construction of the Big Coppitt Regional Wastewater Project, to the
FKAA, which shall not exceed Thirty Seven Million Dollars ($37,000,000.00). These
funds include the Five Million Dollars ($5,000,000.00) already authorized under
Resolution No. 199-2006, unless that amount is changed by amendment to this
agreement. Municipal Service Taxing Unit ad valorem tax proceeds collected by
County shall be provided to FKAA as part of the funding under this Agreement and
shall be disbursed as described in Paragraph. 3 below. Before such disbursement,
County may deduct its cost of administration and professional costs from the MSTU
funds collected. As the project progresses, and estimates are altered to reflect a
combination of actual costs incurred and changes in pricing due to contracts resulting
from bid processes, and other changed conditions, the FKAA shall provide such
information to the County. This Agreement shall be modified as necessary to reflect
such changes in estimates in order to provide for adequate funding to be available for
Big Coppitt 3d Amend 1
the timely and efficient construction of the project. The amount of the funding may be
changed by written amendment to this Agreement approved by the parties.
2. All other provisions of the ILA dated June 21, 2006, for the Big Coppitt Regional
Wastewater System, as previously amended, not inconsistent herewith, shall remain in full force and
effect.
3. This Third Amendment to Agreement shall take effect retroactively in order to reimburse for
FKAA expenditures above the previously approved Thirty -Five Million Dollars ($35,000,000).
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
FLORIDA KEYS AQUEDUCT AUTHORITY BOARD OF COUNTY COMMISSIONERS
KEY WEST, FLORIDA OF MONROE COUNTY, FLORIDA
MM
James C. Reynolds, Executive Director
DATE
ATTEST:
DATE
APPROVED AS TO FORM
:
Kirk C. Zuelch
FKAA General Counsel
Date:
BY:
Mayor Sylvia Murphy
DATE
ATTEST:
DANNY L. KOLHAGE, CLERK
BY:
DATE
APPROVED AS TO FORM
BY:
inne A. utton
Count Attorney
Date: ,,
Big Coppitt 3d Amend 2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
February 18,
2009
Division: Public Works
Bulk Item: Yes
_ No
X
Department: Wastewater
StaffContactPerson� 0JudyClarke /295-4329
AGENDA ITEM WORDING: Approval of Second Amendment to the 6/21/06 interlocal agreement
with FKAA that clarifies the ILA restriction of the use of State Revolving Fund (SRF) proceeds for the
Big Coppitt project to allow for future SRF proceeds to fund alternate projects.
ITEM BACKGROUND: The 6/21/06 ILA established the responsibilities of the County and FKAA
for the planning, design, construction and funding of the Big Coppitt wastewater project. The 11/14/07
amendment revised the County's funding obligation and stated that proceeds from the State of Florida
SRF would only be utilized for the Big Coppitt Project. This amendment clarifies previous restrictions
to allow for use of SRF proceeds on other projects as long as the Big Coppitt project is fully funded.
PREVIOUS RELEVANT BOCC ACTION: Approval of 6/21/06 ILA with FKAA. Approval of
I I/14/07 amendment to ILA.
CONTRACT/AGREEMENT CHANGES: Amendment to ILA clarifying restriction on use of SRF
proceeds.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: NA
COST TO COUNTY:$ NA
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 11/06
SECOND AMENDMETIT O
INTERLOCAL
FOR .:
WASTEWATERBIG COPPITT REGIONAL SYSTEM
THIS SECOND AMENDMENT TO IN'TERL®CAL AGREEMENT is entered into the
le day of February, 2009, pursuant to Sec. 163.01., FS, by and between Monroe County, a political
subdivision of the State of Florida, (County), and the Florida Keys Aqueduct Authority, an
independent special district, (FKAA).
WHEREAS, on June 21, 2006, the parties entered into an inter -local agreement (ILA) for the
purpose of funding the costs associated with the administration, planning and development of a
regional wastewater project; and
WHEREAS, on November 14, 2007, that ILA was amended to recognize the County's
authority to seek State Revolving Loan Funds (SRF) and specified that proceeds of such loans would
be applied to the Big Coppitt project; and
WHEREAS, it is necessary to clarify that the ILA restriction of SRF to the Big Coppitt
project was a function of time and that funds received pursuant to applications in 2009 or later may
be applied to other wastewater projects; now, therefore
IN CONSIDERATION of the mutual consideration and promises set forth below, the parties agree
as follows:
1. Paragraph 1.1A, County Funding, of the Inter -local Agreement (ILA) dated June 21, 2006,
as previously amended, for the Big Coppitt Regional Wastewater System shall be amended to read as
follows:
1,1.A. In order to insure the FKAA that funds are available to award and proceed with the
remaining construction contracts necessary to complete the Big Coppitt Wastewater Project,
the County states that the proceeds it receives from the State of Florida Revolving Fund
shall be utilized only for the Big Coppitt Wastewater Project, except that after January_ 1,
2009, proceeds from the State of Florida Revolving Fund may be applied to other
..,,
wastewater projects provided that funding is available to complete the Big, Coppitt
Wastewater Project, and further that all assessments collected from the Big Coppitt
Wastewater District shall be utilized on the Big Coppitt Wastewater Project. The County
shall provide any additional funding required to meet its obligation to fund the Big Coppitt
Wastewater Project from any legally available source.
2. All other provisions of the ILA dated June 21, 2006, for the Big Coppitt Regional
Wastewater System, as previously amended, not inconsistent herewith, shall remain in full force and
effect.
Bie Connitt 2d Amend
3. This Second Amendment to Agreement will take effect on the I" day of March, 2009.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
James C. Reynolds, Executive Director
DATE
ATTEST:
BY:
DATE
APPROVED AS TO FORM
Kirk C. Zuelch
FKAA General Counsel
Date:
M
Mayor George Neugent
DATE
ATTEST:
DANNY L. KOLHAGE, CLERK
BY:
DATE
0, )XVINf1j,
Wtclo
uz e A. Huttdn'
County At or ey
Date: 3 g
Bie Connitt 2d Amend.
INTERLOCAL AGREEMENT
BETWEEN
MONROE COUNTY
AND
FLORIDA KEYS AQUEDUCT AUTHORITY
FOR THE
BIG COPPITT REGIONAL WASTEWATER SYSTEM
THIS INTERLOCAL AGREEMENT (Agreement) is entered into this of
2006, pursuant to Florida Statute Sec. 163.01, by and between Monroe County
(C nty), a political subdivision of the State of Florida, and the Florida Keys Aqueduct
Authority (FKAA), an independent special district.
WHEREAS, the County is authorized by Florida Statute Sec. 125.01(1) to provide, assist
in providing, and fund centralized wastewater treatment systems; and
WHEREAS, Section 6, Chapter 99-395, Laws of Florida, and the County's
Comprehensive Plan require that certain wastewater treatment levels be achieved by the year
2010, which levels can best be achieved by central wastewater treatment systems; and
WHEREAS, the FKAA is authorized by Chap. 76-441, Laws of Florida, as amended, and
Chapter 98-519, Laws of Florida, to design, construct, and operate, wastewater treatment
systems, and
WHEREAS, the FKAA and the County have entered into previous interlocal agreements
establishing and confirming their ongoing partnership in providing wastewater facilities in the
Florida Keys; and
WHEREAS, the County adopted Ordinance No. 38-2002, authorizing the levy of ad
valorem taxes in the Big Coppitt Municipal Service Taxing Unit, in order to provide an initial
source of funding for the Big Coppitt Regional Wastewater Project (Project); and
WHEREAS, FKAA has initiated planning, design and other services for the Project for
which it may be paid with taxing unit funds; and
WHEREAS, the County by Interlocal Agreement dated September 6, 2005, and by
Master Lease dated as of September 6, 2005, has committed to seek funding through federal and
state grants and loans and the issuance of revenue bonds backed by the pledge of infrastructure
sales tax; and will be providing additional funds to the FKAA for the administration, planning
and construction of future wastewater projects in unincorporated Monroe County; and
WHEREAS, the County may have other funding mechanisms, including but not limited
to infrastructure sales tax, grant and loan funding and ad valorem taxes, available to it for the
provision of sewers and wastewater treatment, and
WHEREAS, on May 16, 2006, the County passed Resolution No. 199-2006 to
appropriate the first Five Million Dollars ($5,000,000.00) for the Project; and
WHEREAS, County and FKAA desire to put in place procedures for the allocation,
expenditure, and reimbursement of funds for the Project;
NOW, THEREFORE, in consideration of the mutual consideration and promises set forth
below, the parties agree as follows:
I . COUNTY FUNDING. The County by resolution of its Board of County Commissioners,
shall appropriate from any lawfully available source, those funds which have been duly approved
for the estimated costs of administration, planning and construction of the Project, which shall
not exceed Fifteen Million Dollars ($15,000,000). These funds are in addition to the Five Million
Dollars ($5,000,000) previously authorized under Resolution No. 199-2006. Municipal Service
Taxing Unit ad valorem tax proceeds collected by County shall be provided to FKAA as part of
the funding under this Agreement and shall be disbursed as described in paragraph 3 below.
Before such disbursement, County may deduct its costs of administration and professional costs
from the MSTU funds collected. As the Project progresses, and estimates are altered to reflect a
combination of actual costs incurred and changes in pricing due to contracts resulting from bid
processes, or other changed conditions, the FKAA shall provide such information to the County.
This Agreement shall be modified as necessary to reflect such changes in the estimates in order
to provide for adequate funding to be available for the timely and efficient construction of the
project. The amount of the funding may be changed by written amendment to this Agreement
approved by the parties.
2. PROJECT. The Project shall consist of a collection system, transmission main and
method of treatment to Advanced Wastewater Treatment standards sufficient to serve the needs
of the residents and businesses in the Big Coppitt Municipal Service Taxing Unit. Both FKAA
and County shall perform their respective obfigations and responsibilities under the Imerlocal
Agreement dated September 6, 2006. Attached are a project area map and project description
(Exhibit A).
3. EXPENDITURE OF FUNDS. The FKAA. shall begin to utilize the Five Million Dollars
($5,000,000.00) originally awarded and described in Paragraph 1 for the administration,
planning, design and complete construction of the Project. Thereafter, during the course of the
Project, the FKAA may request reimbursement for payments made by FKAA upon submission
of documentation of previous expenditures from the Five Million Dollars ($5,000,000.00) until
the total amount allocated by the County is exhausted. The FKAA shall submit this
documentation to the County Senior Administrator (CSA) for Sewer Projects describing the
services performed and stating for which wastewater district/Project the funds were expended.
The submission must be in a form satisfactory to the CSA and Clerk of the Circuit Court (Clerk).
If the CSA approves the submission, she shall forward the same to the Clerk. If the CSA or the
Clerk determine that the submission is unacceptable, either of them shall return it to the FKAA
in writing with a written description of the deficiency(ies).
4. FISCAL CONTROLS AND QUARTERLY REPORTS. The FKAA shall establish fiscal
controls and fund accounting procedures that comply with generally accepted government
accounting principles, satisfactory to the Clerk, in order to assure that the funds provided to the
FKAA are spent for the purposes set forth in this Agreement. All FKAA financial records
pertaining to this Agreement must be made available, upon request, to the Clerk, an auditor
employed by the County or the State of Florida. The records must be retained by the FKAA for
five years following the receipt by the FKAA of its last payment pursuant to this Agreement.
Any funds transferred by the County to the FKAA under this Agreement that are determined by
the Clerk, or an auditor employed by the County or employed by the State to have been spent on
a purpose not contemplated by this Agreement must be paid back to the County with interest
calculated pursuant to Florida Statute Sec. 55.03(1), from the date the auditor determines the
funds were expended for a purpose not authorized by this Agreement. The FKAA agrees to
provide the Clerk with quarterly status reports concerning the expenditure of these funds in
sufficient detail to demonstrate compliance with the provisions of this Agreement.
5. RECORDS — ACCESS AND AUDITS. FKAA shall maintain adequate and complete
records for a period of five years after termination of this Agreement. The State, the County,
their officers, employees, agents and contractors shall have access to FKAA's books, records,
and documents related to this Agreement upon request. The access to and inspection of such
books, records, and documents by the aforementioned government representatives shall occur at
any reasonable time.
6. RELATIONSHIP OF PARTIES. FKAA is, and shall be an independent contractor and
not an agent or servant of the County. FKAA shall exercise control, direction, and supervision
over the means and manner that its personnel, contractors and volunteers perform the work for
the purpose of this Agreement. FKAA shall have no authority whatsoever to act on behalf of or
as agent of the County in any promise, Agreement or representation other than specifically
provided for in this Agreement. The County shall at no time be legally responsible for any
negligence on the part of FKAA, its employees, agents or volunteers resulting in either bodily or
personal injury or property damage to any individual, property or corporation.
7. TAXES. FKAA must pay all taxes and assessments, if any, including any sales or use
tax, levied by any government agency with respect to FKAA's operations related to this
Agreement.
8. INSURANCE.The parties to this Agreement stipulate that each is a state governmental
agency as defined by Florida Statutes and represents to the other that it has purchased suitable
Public Liability, Vehicle Liability, and Workers' Compensation insurance, or is self -insured, in
amounts adequate to respond to any and all claims under federal or state actions for civil rights
violations not limited by Florida Statutes Section 768.28 and Chapter 440, as well as any and all
claims within the limitations of Florida Statutes Section 768.28 and Chapter 440, arising out of
the activities governed by this Agreement.
To the extent allowed by law, each party shall be responsible for any acts of negligence on the
part of its employees, agents, contractors, and subcontractors and shall defend, indemnify and
hold the other party harmless from all claims arising out of such actions.
FKAA agrees to keep in full force and effect the required insurance coverage during the term of
this Agreement. If the insurance policies originally purchased which meet the requirements of
this lease are canceled, terminated or reduced in coverage, then FKAA must immediately
substitute complying policies so that no gap in coverage occurs. Copies of current policy
certificates shall be filed with the County whenever acquired or amended.
9. HQLD HARMLESS. To the extent allowed by law, FKAA is liable for and must fully
defend, release, discharge, indemnify and hold harmless the County, the members of the County
Commission, County officers and employees, County agents and contractors, and the Sheriff's
Office, its officers and employees, from and against any and all claims, demands, causes of
action, losses, costs and expenses of whatever type - including investigation and witness costs
and expenses and attorneys' fees and costs - that arise out of or are attributable to FKAA's
operations in connection with this Agreement except for those claims, demands, damages,
liabilities, actions, causes of action, losses, costs and expenses that are the result of the sole
negligence of the County. FKAA's purchase of the insurance required under this Agreement
does not release or vitiate its obligations under this paragraph. FKAA does not waive any of its
sovereign immunity rights including but not limited to those expressed in Section 768.28, Florida
Statutes.
10. NON-DISCRIMATION. FKAA and County agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court
order. FKAA and County agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis
of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended
(20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended
(42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug
Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination
on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act
of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC S. 1201 Note), as
maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10)
Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex,
religion, disability, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; and 11) any other nondiscrimination provisions in any Federal or state
statutes which may apply to the parties to, or the subject matter of, this Agreement.
11. GOVERNING LAW.VENUE. INTERPRETATION. COSTS, AND FEES. This
Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and to be performed entirely in the State. In the event that
any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the County and FKAA agree that venue shall lie in the
appropriate court or before the appropriate administrative body in Monroe County, Florida.
Neither this Agreement nor any of its terms is subject to arbitration. The County and FKAA
agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by
or between any of them the issue shall be submitted to mediation prior to the institution of any
other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant
to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County.
12. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be enforceable to
the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement. The County and FKAA agree to reform the Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
13. ATTORNEY' S FEES AND COSTS The County and FKAA agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings.
14. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and FKAA and their respective legal
representatives, successors, and assigns.
15. AUTHORITY. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
16. CLAIMS FOR FEDERAL OR STATE AIDFKAA and County agree that each shall be,
and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and FKAA agree
that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If no resolution can be agreed upon within 30
days after the first meet and confer session, the issue or issues shall be discussed at a public
meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law.
18. COOPERATION. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this
Agreement, County and FKAA agree to participate, to the extent required by the other party, in
all proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. County and FKAA specifically
agree that no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
19. COVENANT OF NO INTEREST. County and FKAA covenant that neither presently
has any interest, and shall not acquire any interest, which would conflict in any manner or degree
with its performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
20. CODE OF ETHICS. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and employees
as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information.
21. NO SOLICITATIONIPA)3 ENT The County and FKAA warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the FKAA agrees that the County shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
22. PUBLIC ACCESS. The County and FKAA shall allow and permit reasonable access to,
and inspection of, all documents, papers, letters or other materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and FKAA in conjunction with this Agreement; and the County shall have the right to
unilaterally cancel this Agreement upon violation of this provision by FKAA.
23. NQN-WAIVER OF IMMUNITY, Notwithstanding the provisions of Sec. 786.28,
Florida Statutes, the participation of the County and the FKAA in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the County or the FKAA be
required to contain any provision for waiver.
24. PRWMEGES AND I34MUNITEES. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County or the FKAA, when performing their respective
functions under this Agreement within the territorial limits of the County shall apply to the same
degree and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the County.
25. LEGAL OBLIGATIONS AND RESPONSIBILITIES, Non -Delegation of Constitutional
or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
26. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -
party claim or entitlement to or benefit of any service or program contemplated hereunder, and
the County and the FKAA agree that neither the County nor the FKAA or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the community in general or
for the purposes contemplated in this Agreement.
27. ATTESTATIONS. FKAA agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -
Free Workplace Statement.
28, NO PERONAL LIABILITY. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County or the FKAA in his or her individual capacity, and no member, officer, agent or
employee of Monroe County or the FKAA shall be liable personally on this Agreement or be
subject to any personal liability or accountability by reason of the execution of this Agreement.
29. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number
of counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Agreement
by singing any such counterpart.
30. SECTION HEADINGS. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a part
of this Agreement and will not be used in the interpretation of any provision of this Agreement.
31. TERMINATION. The County may treat FKAA in default and terminate this
Agreement immediately, without prior notice, upon failure of FKAA to comply with any
provision related to compliance with all laws, rules and regulations. This Agreement may be
terminated by County due to breaches of other provisions of this Agreement if, after written
notice of the breach is delivered to FKAA, FKAA does not cure the breach within 7 days
following delivery of notice of breach. The County may terminate this Agreement upon giving
sixty (60) days prior written notice to FKAA. Any waiver of any breach of covenants herein
contained shall not be deemed to be a continuing waiver and shall not operate to bar either party
from declaring a forfeiture for any succeeding breach either of the same conditions or covenants
or otherwise. Should the Agreement be terminated, County shall pay for reimbursable costs to
the effective date of termination. Termination of this Agreement for this project shall have no
effect on any other agreement between the County and the FKAA.
32, ASSIGNMENT. FKAA may not assign this Agreement or assign or subcontract any of
its obligations under this Agreement without the approval of the County's Board of County
Commissioners. All the obligations of this Agreement will extend to and bind the legal
representatives, successors and assigns of FKAA and the County.
33. SUBORDINATION. This Agreement is subordinate to the laws and regulations of the
United States, the State of Florida, and the County, whether in effect on commencement of this
Agreement or adopted after that date.
34. INCONSISTENCY. If any item, condition or obligation of this Agreement is in conflict
with other items in this Agreement, the inconsistencies shall be construed so as to give meaning
to those terms which limit the County's responsibility and liability.
35. GOVERNING LAWS/VENUE. This Agreement is governed by the laws of the State of
Florida and the United States. Venue for any dispute arising under this Agreement must be in
Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a
reasonable attorney's fee and costs.
36, ETHICS CLAUSE. FKAA warrants that it has not employed, retained or otherwise had
act on its behalf any former County officer or employee subject to the prohibition of Section 2 of
ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 010-1990. For breach or violation of this provision, the County may, in its
discretion, terminate this Agreement without liability and may also, in its discretion, deduct from
the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission,
percentage, gift or consideration paid to the formers County officer or employee.
37. CONSTRUCTION. This Agreement has been carefully reviewed by FKAA and County.
Therefore, this Agreement is not to be construed against any party on the basis of authorship.
38. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by
certified mail to the following.
-COUNTY:
County Administrator
1100 Simonton Street
Key West, FL 33040
FKAA
Executive Director
1100 Kennedy Drive
Key West, FL 33040
39. ELLL UNDERSTANDING This Agreement is the parties' final mutual understanding.
It replaces any earlier agreements or understandings, whether written or oral. This Agreement
cannot be modified or replaced except by another written and signed agreement.
40. ANNUAL APPROPRIATION Funding by County is subject to an annual appropriation
by the Board of County Commissioners.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
hove written.
- e, Clerk BOARD OF COUIUTY CON MISSIOW-M
, OF MONROE C YFLORIDA r
t ` 01
rn
By: c�r�
-15ePuty erk Mayor/C son c =�
FLORIDA KEYS AQUEDUCT AUTFFQRfTY a Q
ATTEST:
By
Y
Jerk
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
SUStXfi M. GRIMSLE — �06
ASSISTA COUNTY ATTORNEY
EXHIBIT A to
Interlocal Agreement
Between Monroe County
and FKAA for the
Big Coppitt Regional
Wastewater System
June 21, 2006
FIRST AMENDMENT TO INTERLOCAL AGREEMENT
BETWEEN
MONROE COUNTY
AND
THE FLORIDA KEYS AQUEDUCT AUTHORITY
FOR THE
BIG COPPITT REGIONAL WASTEWATER SYSTEM
THI AMENDMENT TO INTERLOCAL AGREEMENT is entered into this eZray
of 2007, pursuant to Sec. 163.01, FS., by and between Monroe County, a political
subdivision of the State of Florida, (County), and the Florida Keys Aqueduct Authority, Inc., an
independent special district, (FKAA).
WHEREAS, on June 21, 2006 the parties entered into an Interlocal Agreement providing
procedures for the allocation, expenditure and reimbursement of funds for the Big Coppitt
Regional Wastewater System (System); and
WHEREAS, the June 21, 2006 Interlocal Agreement provides for a appropriation of
$15,000,000 to be established by a resolution of the BOCC; and
WHEREAS, no resolution for the appropriation of $15,000,000 has been issued by the
BOCC; and
WHEREAS, the Interlocal Agreement provides that the estimated costs of the System
shall be modified to reflect a combination of actual costs incurred and changes in pricing due to
contracts resulting from bid processes or other conditions; and
WHEREAS, the FKAA, in coordination and cooperation with the County, has received
bids for the construction of the System and it is necessary for the Interlocal Agreement to be
modified to reflect such changes in the estimates in order to provide for adequate funding to be
available for the timely and efficient construction of the Systems;
NOW THEREFORE, IN CONSIDERATION of the mutual consideration and premises
set forth below, the parties agree as follows:
t . The parties are entering into this Amendment pursuant to Chapter 163, Florida Statutes.
2. Section 1. of the Interlocal Agreement dated June 21, 2006 between Monroe County and
the Florida Keys Aqueduct authority is herby amended to read:
The County shall immediately appropriate from any lawfully available source, those
funds which have been duly approved for the estimated costs of administration,
planning and construction of the Big Coppitt Regional Wastewater Project, to the
Big Coppitt WW ILA Amend 11-06-07
FKAA, which shall not exceed Thirty -Five Million Dollars ($35,000,000.00). These
funds include the Five Million Dollars ($5,000,000.00) already authorized under
Resolution No. 199-2006, and the Three Million Five Hundred Thousand Dollars
($3,500,000.00) authorized under Resolution No. 353-2007, unless that amount is
changed by amendment to this agreement. Municipal Service taxing Unit ad valorem
tax proceeds collected by County shall be provided to FKAA as part of the funding
under this Agreement and shall be disbursed as described in Paragraph 3 below.
Before such disbursement, County may deduct its cost of administration and
professional costs from the MSTU funds collected. As the project progresses, and
estimates are altered to reflect a combination of actual costs incurred and changes in
pricing due to contracts resulting from bid processes, and other changed conditions,
the FKAA shall provide such information to the County. This Agreement shall be
modified as necessary to reflect such changes in estimates in order to provide for
adequate funding to be available for the timely and efficient construction of the
project. The amount of the funding may be changed by written amendment to this
Agreement approved by the parties.
IA. In order to insure the FKAA that funds are available to award and proceed with the
remaining construction contracts necessary to complete the Big Coppitt Wastewater
Project, the County states that the proceeds it receives from the State of Florida
Revolving Fund shall be utilized only for the Big Coppitt Wastewater Project and
further that all Assessments collected from the Big Coppitt Wastewater District shall
be utilized on the Big Coppitt Wastewater Project, The County shall provide any
additional funding required to meet its obligation to fund the Big Coppitt Wastewater
Project from any legally available source.
3. Monroe County and the Florida Keys Aqueduct Authority agree that this Amendment
shall be deemed to be effective on the date signed by the parties.
4. This Amendment may be executed in any number of counterparts and by different parties
hereto on separate counterparts, each of which when so executed and delivered shall be
an original and all of which shall together constitute one and the same agreement.
Signature pages may be detached from the various counterparts and attached to a single
copy of this document to physically form one document.
5. The foregoing terms and conditions are hereby incorporated into the Interlocal
Agreement. Except as modified herein, the Interlocal Agreement dated June 21, 2006,
remains in full force and effect. In the event of any conflict or ambiguity between the
Interlocal Agreement and this Amendment, this Amendment shall control.
Balance of Page Intentionally Left Blank
Signature Page to Follow
Big Coppitt WW ILA Amend 11-06-07 2
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
(S EAL)
ATTEST:
DANNY L. KOLHAGE, CLERK
By: �j-,alQ- &4d4dl
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE C KTY, FLORIDA
By:
Mayor/Chairper on
THE FLORID EDUCT AUTHORITY
By.
Wes C. I(&ynolds, Executive Director
0-1
(SEAL)
ATTEST:
o o
By:
1001.
qer
�.
co
FKAA Board Approved: November 20, 2007
CD
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Big Coppitt WW ILA Amend 11-06-07 3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
6/16/10
Division:
Administrator
Bulk Item: Yes
X No _
Department:
Wastewater
Staff Contact Person/Phone #: Elizabeth Wood/292-4525
AGENDA ITEM WORDING: Approval of a resolution authorizing the Mayor and/or County
Administrator to execute the Small Cities Community Development Block Grant (CDBG) application,
award agreement, program documents, and close-out documentation.
ITEM BACKGROUND: The CDBG Program requires the local government to execute a resolution
authorizing the above -mentioned tasks related to Small Cities CDBG grant award and administration.
PREVIOUS RELEVANT BOCC ACTION: On May 19, 2010, Monroe County held a public
hearing to receive input from the public related to the needs of the community. Motions were made by
the Board of County Commissioners directing staff to prepare a grant application to fund sewer hook
ups under the Housing Category.
CONTRACT/AGREEMENT CHANGES: N/A.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $0 INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
BUDGETED: Yes No
COST TO COUNTY: $0 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH
APPROVED BY: County Atty _ OMB/Purchasing Risk Management
DOCUMENTATION:
DISPOSITION:
Revised 7/09
Included X Not Required
AGENDA ITEM #
Year
RESOLUTION NO. , 2010
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE SUBMISSION OF A GRANT
APPLICATION TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS SMALL CITIES COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM,
AUTHORIZING THE MAYOR AND/OR COUNTY
ADMINISTRATOR TO EXECUTE THE APPLICATION,
AWARD AGREEMENT, PROGRAM DOCUMENTS,
REPORTS, AND CLOSE OUT DOCUMENTATION
WHEREAS, the Florida Small Cities Community Development Block Grant (CDBG) program is a
competitive grant program administered by the Florida Department of Community Affairs (DCA) that
address critical housing and infrastructure needs of the elderly, disadvantaged, and low to moderate
income populations; and
WHEREAS, Monroe County is eligible to apply to DCA for funding from the Small Cities
Community Development Block Grant program; and
WHEREAS, Monroe County has identified a need for physical housing improvements to benefit low -
to -moderate income persons; and
WHEREAS, the Board of County Commissioners of Monroe County conducted a first Public Hearing
on May 19, 2010, to obtain citizen input as to the type of grant application that it should submit to the
DCA under the FFY 2009 Small Cities CDBG Program; and
WHEREAS, the Board of County Commissioners of Monroe County conducted a second Public
Hearing on June 16, 2010, to allow citizens to review and comment on a proposed 2009 Small Cities
CDBG Housing Rehabilitation grant application; and
WHEREAS, as a result of the second public hearing, the Commission agreed to submit a 2009 Small
Cities CDBG Application;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Monroe
County, Florida, that the County hereby:
1. Authorizes the submission of FFY2009 Small Cities Community Development Block
Grant application to the Florida Department of Community Affairs;
2. Authorizes the Mayor and/or County Administrator to execute the application, award
agreement, program documents and reports including close-out documentation; and
3. Adopts the County's Comprehensive Plan as the County's Community Development
Plan;
4. Makes this Resolution effective immediately upon its passage.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a regular meeting of said Board held on the 16th day of June, 2010.
Mayor Sylvia Murphy
Mayor Pro Tem Heather Carruthers
Commissioner Mario DiGennaro
Commissioner Kim Wigington
Commissioner George Neugent
(SEAL)
ATTEST: DANNY L. KOLHAGE, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Sylvia Murphy, Mayor
Approved as to legal sufficiency:
onroe County Attorney
Date:
Res. Auth. Apply GDBG Grant
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
6/16/10
Division:
Administrator
Bulk Item: Yes
_ No X
Department:
Wastewater
Staff Contact Person/Phone #: Elizabeth Wood/292-4525
AGENDA ITEM WORDING: Public discussion of fair housing requirements during a regular
advertised Board of County Commissioners meeting to claim outstanding performance in fair housing
on the Small Cities Community Development Block Grant (CDBG) application.
ITEM BACKGROUND: The Small Cities CDBG program is a competitive grant and additional
points are earned for conducting an educational program on fair housing.
PREVIOUS RELEVANT BOCC ACTION: On May 19, 2010, Monroe County granted approval to
hold and advertise the fair housing discussion at a public meeting.
CONTRACT/AGREEMENT CHANGES: N/A.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $1,000 INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
BUDGETED: Yes No
COST TO COUNTY: $1,000 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty
DOCUMENTATION: Included
DISPOSITION:
Revised 7/09
OMB/Purchasing Risk Management
Not Required_X
AGENDA ITEM #
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
6/16/10
Division:
Administrator
Bulk Item: Yes
X No _
Department:
Wastewater
Staff Contact Person/Phone #: Elizabeth Wood/292-4525
AGENDA ITEM WORDING: Approval of a resolution adopting a revised Community
Development Block Grant (CDBG) Housing Assistance Plan (HAP) which incorporates Green
Rehabilitation Standards.
ITEM BACKGROUND: CDBG grant applications are required to prepare and adopt a CDBG HAP
as a condition of the grant application. Points are awarded for inclusion of Green Rehabilitation
Standards.
PREVIOUS RELEVANT BOCC ACTION: Approval of CDBG Housing Assistance Plans for
Monroe County's 1993, 1997, and 2002 CDBG applications.
CONTRACT/AGREEMENT CHANGES: N/A.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $0 INDIRECT COST: $0 BUDGETED: Yes na No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
RESOLUTION NO. , 2010
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
ADOPTING A REVISED COMMUNITY DEVELOPMENT
BLOCK GRANT HOUSING ASSISTANCE PLAN WHICH
INCORPORATES GREEN REHABILITATION STANDARDS
WHEREAS, Monroe County has recently completed the construction of centralized wastewater
systems; and
WHEREAS, the May 30, 2008 Needs Assessment prepared by the University of North Carolina —
Chapel Hill Environmental Finance Center reported that 33% of households within the Florida Keys
that will be required to connect to central sewer have household incomes less than $35,000; and
WHEREAS, it is anticipated that the plumbing cost to connect to the centralized system may create an
economic burden for these households; and
WHEREAS, Monroe County has identified the Small Cities Community Development Block Grant
(CDBG) Program as a means to provide relief to income qualified households; and
WHEREAS, the Small Cities CDBG award is based on a competitive application process; and
WHEREAS, additional points are awarded for inclusion of green initiatives in the Housing Assistance
Plan; and
WHEREAS, the Board of County Commissioners of Monroe County, Florida previously adopted a
Housing Assistance Plan in 2002 as required by the Small Cities CDBG Program; and
WHEREAS, it is the recommendation of the County's CDBG Citizens Advisory Task Force to adopt
the attached Housing Assistance Plan which has been revised to include green initiatives;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Monroe
County, Florida, that the County hereby:
1. Adopts the Monroe County Community Development Block Grant -Housing Category
Housing Assistance Plan attached hereto as "Attachment A"; and
2. Replaces any and all CDBG Housing Assistance Plans previously adopted; and
3. Repeals Resolution 220-2002 adopted on May 15, 2002; and
4. Makes this Resolution effective immediately upon its passage.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a regular meeting of said Board held on the 16th day of June, 2010.
Mayor Sylvia Murphy
Mayor Pro Tem Heather Carruthers
Commissioner Mario DiGennaro
Commissioner Kim Wigington
Commissioner George Neugent
(SEAL)
ATTEST: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk
Sylvia Murphy, Mayor
Approved as to legal sufficiency:
County Attorney
Date: p
ATTACHMENT A
MONROE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT -HOUSING CATEGORY
HOUSING ASSISTANCE PLAN
All funds awarded will be a grant to the beneficiary household and housing
unit.
2. The process for selecting, accepting, reviewing and approving requests for
assistance will be by advertisement in local newspapers of general circulation
on at least four occasions. Will provide a minimum sixty (60) day application
period. Additional outreach activities shall include: press release,
announcement at public meetings and notification to the following: non-profit
organizations, social service providers, local churches, daycare providers and
organizations serving the elderly. Any subsequent application periods
necessary shall meet the criteria outline above.
Properties to be addressed shall meet all of the following criteria:
• Single family
• Owner occupied
• Primary residence
• Contain Housing code, Housing Quality Standards or Health/Safety
Violations or Sewer Connection requirement
Applications received within the application period(s) which meet the primary
criteria above shall be prioritized based on the schedule outlined herein. Those
household/projects receiving the greatest priority score shall be addressed until
all available funding has been expended.
Priorities
Elderly (one owner >62 yrs.)
10
Disabled household member
10
Documented Housing Code Violation
10
Very low income
05
Children in household (>2)
05
Length of ownership
05
Single parent household
05
Note: In the event of tie scores, very low-income households will receive priority.
3. Conflicts of interest will be addressed pursuant to 24 C.F.R. Section 570-489
and Chapter 112.311-112.3143, F.S. timely by immediate identification of
potential conflicts.
Additionally, beneficiaries will be identified in minutes of the Board of County
Commissioners and the CDBG Citizens Advisory Task Force meeting(s) so
that any previously unknown conflicts may be surfaced. The conflicts will be
acknowledged publicly along with the final selection of beneficiaries.
It is the intent of the County Commission and the CDBG Citizens Advisory
Task Force to deal with these conflicts if it occurs on a local level and request
waiver for acknowledgement of the conflicts when appropriate.
4. The Monroe County Housing Authority will perform HUD Section 8 Housing
Quality Standards (HQS) inspections on all properties to be rehabilitated to
ensure compliance with the local safe housing code and safe, sanitary and
decent housing to determine what rehabilitation work must be done on each
eligible housing structure. All work required to meet HUD Housing quality
Standards and local housing code will be completed for each unit addressed.
5. The maximum amount of CDBG funds that may be expended on any one
housing unit is $20,000.00. This amount may only be exceeded by a
recorded vote of the County Commission upon recommendation of the CDBG
Citizen's Advisory Task Force.
6. The County will not address in the rehabilitation of rental units under this
process.
7. The County may assist in the rehabilitation of mobile homes, modular homes,
or other forms of manufactured housing subject to paragraph 8 below.
8. The County will not provide assistance to beneficiaries for those housing units
that are unfeasible to repair under CDBG and Housing Assistance Plan
guidelines. Additionally, the County will not provide assistance to properties
where the post rehabilitation value, exclusive of land, is less that the cost of
rehabilitation. It is noted that due to extremely high median housing values,
this is an unlikely situation.
9. All program participants will be advised routinely via formal written notification
of their status in the program and specifically when a previously selected
housing unit is deleted from the rehabilitation program.
10. The County will not require homeowners of eligible units maintain
homeowners, wind, flood or other property insurance as a condition of
participation.
11. The County will require a final inspection by qualified entities for acceptance
of the contractor's final work. All work is subject to the County's building
permit and inspection process.
12. The County will ensure that ownership of non -rental units by the occupying
beneficiary is confirmed, they have the right to encumber the property and
provide permission to a contractor to undertake construction work on the unit.
This will be accomplished through coordination with the Monroe County Tax
Appraiser's Office.
13. The County, through the CDBG Program does not have any plans to declare
a housing structure to be demolished or through its action, be converted to a
non-LMI structure.
14. The County, through the Monroe County Housing Authority, will develop bid
proposals to be bid upon by contractors and interface with beneficiaries to
ensure the contractor performs to the contract terms. All construction
contracts will be between the property owner and the contractor.
The following "Green" Rehabilitation Standards shall apply to all housing
rehabilitation work:
1. Any appliances replaced or installed shall be Energy Star;
2. Any door and/or window replaced or installed shall be Energy Star.
3. Any lighting fixture replaced or installed shall be Energy Star.
4. Weatherization of all homes rehabilitated. At a minimum, weatherization
shall include attic, and if appropriate, floor insulation as well as sealing all
exterior walls. Other weatherization activities are at the local government's
option. (New home construction is presumed to meet the minimum insulation
and sealing requirements.
5. Any replaced or new (for new home construction) HVAC unit shall have a
SEER rating of at least 14.
15. The County will review its local codes to determine that the property proposed
for rehabilitation is in compliance with local codes prior to the initiation of any
housing rehabilitation activities and issuance of a building permit.
16. The age of participating housing unit to be addressed will be verified by
obtaining the Property Records Card of each unit in the Official Records of
the Monroe County Tax Appraiser's Office. Coordination with the Bureau of
Historic Preservation will take place as appropriate.
17. The Monroe county Housing Authority will test as required for lead based
paint abatement when addressing pre-1978 homes following whatever
program requirements exist.
18. Since virtually all housing structures to be addressed will be contained in the
100-year flood plan by virtue of the geographic configuration and location of
the county, the County will follow and comply with all applicable Federal
RESOLUTION NO. 220 -2002
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
ADOPTING A COMMUNITY DEVELOPMENT BLOCK
GRANT, HOUSING ASSISTANCE PLAN
WHEREAS, Monroe County has resolved to prepare and submit a 2002 Small Cities
Community Development Block Grant ("CDBG") — Housing Category application; providing
benefits to the County's residents; improving County and private property infrastructure;
particularly to the County's very low and low income residents, and
WHEREAS, it is the recommendation of the County's CDBG Citizens Advisory Task
Force to adopt the Housing Assistance Plan attached hereto, and
WHEREAS, the Village has determined a desire to provide CDBG funds for approved
activities to assist qualified residents on a fair and equitable basis, and
WHEREAS, the Department of Community Affairs requires, as a condition of
Community .Development Block Grant (CDBG) funding, participating jurisdictions establish and
adopt a CDBG Housing Assistance Plan to determine the min;murn criteria, preferences and
priorities for receiving such consideration,
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of
Monroe County, Florida, that the County hereby:
Monroe County's Community Development Block Grant, Housing Assistance Plan,
attached hereto as "Attachment A" is hereby adopted effective this date, This Housing
Assistance Plan replaces any and all CDBG Housing Assistance Plans previously adopted.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida
at a regular meeting on said Board on the 15th day of May, A.D., 2002
Mayor McCoy yes
Mayor Pro Tern Spehar yes
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Approved as to form. and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:�
Mayor aisles "Sonny" McC
Clerk ' �s
APPIRiDVED AS T F R
I EGAL SU IC Y.
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SUZAN TTO
DATE
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ATTACHMENT A
MONROE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT — HOUSING CATEGORY
HOUSING ASSISTANCE PLAN
I . All funds awarded will be a grant to the beneficiary household and housing unit.
2. The process for selecting, accepting, reviewing and approving requests for assistance wiII
be by advertisement in local newspapers of general circulation on at least four occasions.
Will provide a minimum sixty (60) day application period. Additional outreach activities
shall include, press release, announcement at public meetings and notification to the
following: non-profit organizations, social service providers, local churches, daycare
providers and organizations serving the elderly. Any subsequent application periods
necessary shall meet the criteria outlined above.
Properties to be addressed shall meet all of the following criteria:
• Single family
• Owner occupied
• Primary residence
• Contain Housing Code, Housing Quality Standards or Health/Safety Violations or
Sewer Connection requirement
Applications received within the application period(s) which meet the primary criteria above
shall be prioritized based on the schedule outlined herein.. Those household/projects receiving
the greatest priority score, shall be addressed until all available funding has been expended.
Priorities
Elderly (one owner >62 yrs.)
10
Disabled household member
10
Documented Housing Code violation
10
Very low income
05
Children in household (>2)
05
Length of Ownership (>I0 yrs.)
05
Single parent household
05
Nate: In the event of tie scores, very low-income households will receive priority.
Conflicts of interest will be addressed pursuant to 24 C.F.R. Section 570.489 and Chapter
112,311-112.3143, F. S. timely by immediate identification of potential conflicts.
Additionally, beneficiaries will be identified in minutes of the Board of County
Commissioners and the CDBG Citizens Advisory Task Force meeting(s) so that any
previously unknown conflicts may be surfaced. The conflicts will be acknowledged
publicly along with the final selection of beneficiaries.
It is the intent of the County Commission and the CDBG Citizens Advisory Task Force
to deal with these conflicts if the occurs on a local level and request waiver for
acknowledgement of the conflicts when appropriate.
4. The Monroe County Housing Authority will perform HUD Section 8 Housing Quality
Standards (HQS) inspections on all properties to be rehabilitated to ensure compliance
with the local safe housing code and safe, sanitary and decent housing to determine what
rehabilitation work must be done on each eligible housing structure. All work required to
meet HUD Housing Quality Standards and local housing code will be completed for each
unit addressed.
5. The maximum amount of CDBG funds that may be expended on any one housing unit is
$20,000.00. This amount may only be exceeded by a recorded vote of the County
Commission upon recommendation of the CDBG Citizen's Advisory Task Force.
6. The County will not address in the rehabilitation of rental units under this process.
7. The County may assist in the rehabilitation of mobile homes, modular homes or other
forms of manufactured housing subject to paragraph 8 below.
8. The County will not provide assistance to beneficiaries for those housing units that are
unfeasible to repair under CDBG and Housing Assistance Plan guidelines. Additionally,
The County will not provide assistance to properties where the post rehabilitation value,
exclusive of land, is less than the cost of rehabilitation. It is noted that due to extremely
high median housing values, this is an unlikely situation.
9. All program participants will be advised routinely via formal written notification of their
status in the program and specifically when a previously selected housing unit is deleted
from the rehabilitation program.
10. The County will not require homeowners of eligible units maintain homeowners, wind,
flood or other property insurance as a condition of participation.
11. The County will require a final inspection by qualified entities for acceptance of the
contractor's final work. All work is subject to the County's building permit and
inspection process.
12. The County will ensure that ownership of non -rental units by the occupying beneficiary
is confirmed, they have the right to encumber the property and provide permission to a
contractor to undertake construction work on the unit. This will be accomplished through
coordination with the Monroe County Tax Appraiser's Office.
13. The County, through the CDBG Program, does not have any plans to declare a housing
structure to be demolished or through its action, be converted to a non-LMI structure.
14. The County, through the Monroe County Housing Authority, will develop bid proposals
to be bid upon by contractors and interface with beneficiaries to ensure the contractor
performs to the contract terms. All construction contracts will be between the property
owner and the contractor.
15. The County will review its local codes to determine that the property proposed for
rehabilitation is in compliance with local codes prior to the initiation, of any housing
rehabilitation activities and issuance of a building permit.
16. The age of participating housing unit to be addressed will be verified by obtaining the
Property Records Card for each unit in the Official Records of the Monroe County Tax
Appraiser's Office. Coordination with the Bureau of Historic Preservation will take
place as appropriate.
IT The Monroe County Housing Authority will test as required for Iead based paint
abatement when addressing pre-1978 homes following whatever program requirements
exist.
18. Since virtually all housing structures to be addressed will be contained in the 100-year
flood plain by virtue of the geographic configuration and location of the County, the
County will follow and comply with all applicable Federal Emergency Management
Agency (FEMA) requirements when addressing housing units.
19. The Monroe County Housing Authority, on behalf of Monroe County will
document completion of construction by ensuring that each housing unit case file
shall contain the following information:
a. A statement from the contractor that all items on the initial work write up as
modified through change orders have been completed;
b. An acknowledgement that the housing unit meets the applicable local codes and
Section 8 Housing Quality Standard (HQS).
C. A signed acknowledgement by the housing unit owner or his or her personal
representative that the work has been completed based on the work write up and
change orders. Should al requirements be fulfilled and the homeowner or their
representative refuse to acknowledge completion of the work, the housing unit
case file shall be documented wit a statement detailing the stated reason for said
refusal;
d. The documentation shall be completed prior to the submission of the
administrative closeout package and shall accompany the administrative closeout
package when submitted to the Department of Community Affairs; and
e. The following data will be provided by housing unit and summarized by activity
as part of the administrative closeout for each activity providing direct benefit:
• Address of each housing unit rehabilitated with CDBC funds, the date the
construction was completed on the housing unit, and the amount of CDBG
funds expended on that unit;
• Whether the household is headed by a female, the number of handicapped
persons in the household, the number of elderly persons in the household, and
the LMI or VLI status of the household.
• The number of occupants of the household, categorized by sex; and
• The racial demographics of the household by number (white, black, Hispanic,
Asian/Pacific .Islander, or American Indian/Alaskan Native.
U.S. Department of Housing and Urban Development ^9
Office of Fair Housing and Equal Opportunity "i r
Fair Housing
Equal Opportunity for All
Please visit our website: www.hud.gov/fairhousing
Fair Housing - Equal Opportune for All
America, in every way, represents equality of opportunity for all persons. The rich diver-
sity of its citizens and the spirit of unity that binds us all symbolize the principles of free-
dom and justice upon which this nation was founded. That is why it is extremely disturb-
ing when new immigrants, minorities, families with children, and persons with disabilities
are denied the housing of their choice because of illegal discrimination.
The Department of Housing and Urban Development enforces the Fair Dousing Act and
the other federal laws that prohibit discrimination and the intimidation of people in their
homes, apartment buildings, and condominium developments - and nearly all housing
transactions, including the rental and sale of housing and the provision of mortgage
loans.
Equal access to rental housing and homeownership opportunities is the cornerstone of
this nation's federal housing policy. Landlords who refuse to rent or sell how to people
based on race, color, national origin, religion, sex, familial status, or disability are violating
federal law, and HUD will vigorously pursue them.
Housing discrimination is not only illegal, it contradicts in every way the principles of
freedom and opportunity we treasure as Americans. The Department of Housing and
Urban Development is committed to ensuring that everyone is treated equally when
searching for a place to call home.
Contents The Fair Housing Act.........................................1
What Housing is Covered?.....................................1
What is Prohibited?..........................................1
Additional Protection If You Have A Disability ...................... 3
Housing Opportunities for Families with Children .................... 5
if You Think Your Rights Have Been Violated ....................... 6
What Happens When You File A Complaint? ......................10
Does the U.S. Department of Justice Play A Role?..................11
What Happens After A Complaint Investigation? ...................12
InAddition................................................14
O.S. Department of Housing and Urban Development (HUD)
451 7th Street, S.W.
Washington, Q.G. 20410-2000
The Fair Housing Act
What }lousing is Covered?
What Is V-19F iF - -- i �
The Fair Housing Act prohibits
discrimination in housing because of:
• Race or color
* National origin
* Religion
* Gender
* familial status (including children under
the age of 18 living with parents or legal
custodians; pregnant women and people
securing custody of children under 18)
• Disability
The Fair Housing Act covers most housing.
In some circumstances, the Act exempts
owrw-occupied buildings with no more than
four units, single-family housing sold or
rented without the use of a broker and hous-
ing operated by organizations and private
clubs that limit occupancy to members.
In the safe and Rents of Heett: No one
may take any of the following actions based
on race, color, religion, gender, disability,
familial status, or national origin:
* Refuse to rent or al housing
* Make housing unavailable
• Deny a dwelling
* Set different terms, conditions or
privileges for sale or rental of a dwelling
* Provide different housing services
or facilities
* Falsely deny that housing is available for.
inspection, sale or rental
* For profit, persuade, or try to persuade
homeowners to sell or rent dwellings by
suggesting that people of a particular race,
etc. have moved, or are about to move
into the neighborhood (blockbussting) or
' Deny any person access to, or member-
ship or participation in, any organization,
facility or service (such as a multiple list-
ing service related to the sale or rental
of dwellings, or discriminate against any
person in the terms or conditions of such
access, membership or participation.
in Menage Lending: No one may take any of the
following actions based on race, color, religion, gen-
der, disability, familial status, or national origin:
• Refuse to make a mortgage loan
• Refuse to provide information regarding loans
Impose different terms or conditions on a loan,
such as different interest rates, points, or fees
• Discriminate in appraising property
Refuse to purchase a loan or
• Set different terms or conditions for purchasing
a loan.
to Addifi , it is a violation of the Fair Housing
Act to:
Threaten, coerce, intimidate or interfere with
anyone exercising a fair housing right or assisting
others who exercise that right
• Make, print, or publish any statement, in connec-
tion with the sale or rental of a dwelling, that indi-
cates a preference, limitation, or discrimination
based on race, color, religion, gender, disability,
famine/ status, or national origin. This prohibi-
tion against discriminatory advertising applies to
single-family and owner -occupied housing that is
otherwise exempt from the Fair Housing Act.
• Refuse to provide homeowners insurance cover-
age for a dwelling because of the race, color,
religion, gender, disability, familial status, or
national origin of the owner and/or occupants of
a dwelling
. Discriminate in the terms or conditions of
homeowners insurance coverage because of the
race, color, religion, gender, disability, familial
status, or national origin of the owner and/or
occupants of a dwelling
• Refuse to provide homeowners insurance, or
imposing less favorable terms or conditions
of coverage because of the predominant race,
color, religion, gender, disability, familial status or
national origin of the residents of the neighbor-
hood in which a dwelling is located ('redlining*)
• Refuse to provide available information on the full
range of homeowners insurance coverage options
available because of the race, etc. of the owner
and/or occupants of a dwelling
i Make, print, or publish any statement, in connec-
tion with the provision of homeowners insurance
coverage, that indicates a preference, limitation or
discrimination based on race, color, religion, gen-
der, disability, familial status or national origin.
Addirti l Protection if if you or someone associated with you:
You Have a disability
• Have a physical or mental disability (including
hearing, mobility and visual impairments, can-
cer, chronic mental illness, AIDS, AIDS Related
Complex, or mental retardation) that substantially
limits one or more major life activities
• Have a record of such a disability or
• Are regarded as having such a disability, your
landlord may not:
• Refuse to let you make reasonable modifica-
tions to your dwelling or common use areas,
at your expense, if necessary for the disabled
person to fully use the housing. (Where reason-
able, the landlord may permit changes only if
you agree to restore the property to its original
condition when you move.)
• Refuse to make reasonable accommodations in
rules, policies, practices or services if necessary
for the disabled person to use the housing on
an equal basis with mWaabied persons.
Examoe: A building with a "no pets" policy must
allow a visually impaired tenant to keep a guide dog.
Example: An apartment complex that offers tenants
ample, unassigned parking must honor a request
from a mobility -impaired tenant for a reserved
space near her apartment if necessary to assure
that she can have access to her apartment.
However, housing need not be made available to a
person who is a direct threat to the health or safety
of others or who currently uses illegal drugs.
Accessibility t"Reudiremeaft ter NOW Mu fam#ly
Builds: In buildings with four or more units that
were first occupied after Larch 13, 1931, and that
have an elevator:
Public and common areas must be accessible to
persons with disabilities
Doors and hallways crust be wide enough
for wheelchairs
All units must have--
- An accessible route into and through the unit
- Accessible light switches, electrical outlets,
thermostats and other environmental controls
Reinforced bathroom walls to allow later instal-
lation of grab bars and
- Kitchens and bathrooms that can be used by
people in wheelchairs.
If a building with four or more units has no elevator
and was first occupied after March 13,1991, these
standards apply to ground floor units only.
These accessibility requirements for new multifarn-
ily buildings do not replace more stringent accessi-
bility standards required under State or local law.
T,
4
Housing Opportunities for The Fair Housing Act makes it unlawful to discrimi-
Farnilles with Children nate against a person whose household includes
one or more children who are under 18 years of age
(Yamilial status'. Familial status protection covers
households in which one or more minor children
live with:
• A parent;
• A person who has legal custody (including guard-
ianship) of a minor child or children; or
• The designee of a parent or legal custodian, with
the written permission of the parent or legal cus-
todian.
Familial status protection also extends to pregnant
women and any person in the process of securing
legal custody of a minor child (including adoptive or
foster parents).
Additional tamillai stalk protections:
You also may be covered under the familial status
provisions of the Fair Housing Act if you experience
retaliation, or suffer a financial loss (employment,
housing, or realtofs commission) because:
• You sold or rented, or offered to sell or rent a
dwelling to a family with minor children; or
• You negotiated, or attempted to negotiate the
sale or rental of a dwelling to a family with minor
children.
The 11001e9 for Older Person" Exemption:
The Fair Housing Act specifically exempts some
senior housing facilities and communities from
liability for familial status discrimination. Exempt
senior housing facilities or communities can i-
refuse to sell or rent dwellings to families with
minor children, Vr may impose different terms and
conditions of residency. In order to qualify for the
"housing for older persons" exemption, a facility or
community must prove that its housing is:
• Provided under any State or Federal program that
HUD has determined to be specifically designed
and operatedito assist elderly persons (as defined
in the State or Federal program); or
5
• Intended for, and solely occupied by persons 62
years of age or older; or
Intended and operated for occupancy by persons
55 years of age or older.
In order to qualify for the 15 or older housing
exemption, a facility or community must satisfy
each of the following requirements:
at least 80 percent of the occupied units must
have at W& one occupant who is 55 years of age
or older; and
the facility or community must publish and adhere
to policies and procedures that demonstrate the
intentto operate as 155 or older housing; and
• the facility or community must comply with HUD's
regulatory requirements for age verrficat on of
residents by reliable surveys and affidavits.
The Lousing for older persons' exemption does
not protect senior housing fades or communities
from liability for housing dis_fmuion based on
race, color, religion, gandel, debility, or national
origin. Further, 55 or v;kW housing facilities or
communities that do permit residency by famines
with minor children cannot lawfully segmale such
families in a particular section, bugdkV, or portion
of a building.
ff You Think Your Rights HUD is ready to help with any problem of housing
Have Been Wowed discrimination. If you think your rights have been
violated, you may write a letter or telephone the
HUD office nearest you. You have one year after the
discrimination allegedly occurred or ended to file a
complaint with HUD, but you should file it as soon
as possible.
What to Tell HUD:
• Your name and address
9 The name and address of the person your com-
plaint is against (the respondent)
The address or other identification of the
housing involved
• A short description of the alleged violation
(the even("that caused you to believe your
rights were violated)
• The date(s) of the alleged violation.
C�
Whm tO WrKe W Call: Send a letter to the HUD
office nearest you, or if you wish, you may call that
office directly_ The TTY numbers listed for those
offices are not toll free. Or you may call the toll free
national TTY hotline at 1-800-927-9275.
For Connectka Maine, Unsachusetts, New
Hampshire, Rhode Island and Vermont
SOSM REGIONAL OFFICE
(Compbints_vf ce 010hud gov)
U.S. Department of Housing and Urban
Development
Thomas P. O'Neill Jr. Federal Building
10 Causeway Street, Room 308
Boston, MA 02222-1092
Tethone (617) 994-8300 or 1-800-827-5005
Fax (617) 565-7313 * TTY (617) 565-5453
For New Jersey and New York:
NEW YORK REGIONAL OFFICE
(Co aints office_02@hud gov)
U.S. Department of Housing and Urban
Development
26 Federal PLM, Room 3532
New York, NY 10278-M
Telephone (212) 542-7519 or 1-800-496-4294
Fax (212) 264 9829 * TTY (212) 264-0927
For Delaware, District of Columbia, Maryland,
Pennsylvania,, Virginia and West Virginia:
PHILAltELPHIA REGIONAL OFFICE
(Cornphts_oflice-030hudgov)
U.S. Department of Housing and Urban
Development '
The Wanamaker Building
100 Penn Square East
Phi phis, PA 19107-9344
Telephone (215) 65fi-060 or 1-888-799-2085
Fax (215) 656-3449 * PY (215) 656-3450
i
i
.i
t
For ALW wma, Florida, Georgia, Kentucky,
ll+iississippi, North Carolina, Puerto Rico,
South Carolina, Tennessee
and the U.S Virgin Islands:
ATLANTA REGIONAL OFFICE
(C6mp&nts ohke, 04@hud gov)
U.S. Department of Housing and Urban
Dement
Fire Points Plaza
40 Marift Street, 16th Floor
AMAk GA 30303-2808
Telephone (404) 331-5140 or 1-800-440-8091
Fax (404) 331-1021 TTY (404) 730-2654
For tftfnois, Indiana, Mich4gan,16lkwsofa,
Ohio and Wisconsin:
CHICAGO REGIONAL OFFICE
(compARinfs offim 0 ud gov)
U.S. Department of Housing and Urban
Development
Ralph H. Metcalfe Federal Building
77 West Jackson Boulevard, Room 2101
Ghicago, IL 60604-3507
Telephone (312) 353-7776 or 1-800-765-9372
For Arkansas, Louisiana, New Mexico,
Oklahoma and Texas:
FORT WORTH REGIONAL OFFICE
(Complaints -office 06@hud gov)
U.S. Department of Housing and Urban
Development
801 North Cherry, 27th Floor
Fort Worth, TX 76102-68M
Telephone (817) 978-5900 or 1-888-560-8913
Fax (817) 978-587VMi '` TTY (817) 978-5595
L4ading Address_
U.S. rtm� of Horsing aid Urban
s
Development
Post Office Box 2905
Fort Worth, TX 76113-2905
8
For Iowa, Kansas, Missouri and Nebraska:
KAMM CITY REGIONAL OFFICE
(CoMPI,aints officE OT0hud gov)
U.S. Department of Housing and Urban
DeveloWmt
Gateway Tourer ll,
400 State Avenue, Room 200, 4th Floor
Kansas City, KS 66101-2406
Telephone (913) 551-6958 or 1-800-743-5323
Fax (913) 551-6856 * TTY (913) 551-6972
For Colorado, Montana; Noah Dakota,
South Dakota, tltah and Wyoming:
DES REGIONAL OFFICE
(Complaints offer 08*hud gov)
U.S. Department of Housing and Urban
Development
1670 Broadway
Denver, CO 80202-4801
Telephone (303) 672-5437 or 1-800-877-7353
Fax (303) 672-5026 * TTY (303) 672-5248
For AfirQna, Calitomia, Hawaii and Nevada:
SAR FRANCIS►CO REGIONAL OFFICE
(Complaints offxe_ 090hud gov)
U.S. Department of Housing and Urban
Development
600 Harrison Street, Third Floor
San Francisco, CA 94107-1387
Telephone (415) 489-65 0 or 1-800-347-3739
Fax (415) 489-6558 * TTY (415) 489-&W
For Alaska, Idaho, Oregon and Washington:
SEATTLE REGIONAL OFFICE
(Complaints office 1 hud. gov)
U.S. Department of Housing and Urban
Development
Seattle Federal Office Building
909 First Avenue, Room 205
Seattle, WA 98104-1000
Telephone (206) 220-5170 or 1-800-877- 0246
Fax (206) 220-5447 * TTY (206) 220-5185
What Happens when You
File A ComplainV.
If after contacting the local office nearest you, you
still have questions • you may contact HUD
further at:
U.S. Department of Housing and Urban
Development
Office of Fair Housing and Equal Opportunity
451 7th Street, SW Room 5204
Washington, DC 20410-2000
Telephone 1-800-669-9777
Fax (202) 708-1425 * TTY 1-500-927-9275
0 You Are Disabled: HUD also provides:
• A TTY phone for the deaf/hard of hearing users
(see above list for the nearest HUD office)
• Interpreters
• Tapes and braille materials
• Assistance in reading and completing forms
HUD will notify you in writing when your complaint
is accepted for filing under the Fair Housing Act.
HUD also will:
• Notify the alleged violator ("respondent') of the
filing of your complaint, and allow the respondent
time to submit a written answer to the complaint.
• Investigate your complaint, and determine whether
or not there is reasonable cause to believe that
the respondent violated the Fair Housing Act.
• Notify you and the respondent if HUD cannot
complete its investigation within 100 days of filing
your complaint, and provide reasons for the delay.
Fair Housing Alf Co ncliiation: During the com-
plaint investigation, HUD is required to offer you
and the respondent the opportunity to voluntarily
resolve your complaint with a HUD Conciliation
Agreement. A HUD Conciliation Agreement pro-
vides individual relief for you, and protects the
public interest by deterring future discrimination by
the respondent. Once you and the respondent sign
a HUD Conciliation Agreement, and HUD approves
the Agreement, HUD will cease investigating your
compbint., 1f you believe that the respondent has
violated ("breached") your Conciliation Agreement,
you should promptly notify the HUD Office that ^'S
investigated your complaint. If HUD determines
that there is reasonable cause to believe that the =`
in
Do the U.S.
Departimrat of Justice
Play a IWO
respondent violated the Agreement, HUD will ask
the U. .. Dep meat of Justice to file. suit against
the respondent in Federal District Court to enforce
the terms of the Agreement.
o � to Shft or local Public Fair
ff .P e1es: If HUD has cerf tied that your
State or local public fair housing agency enforces
a cW rights law or ordinance that provides rights,
remedies and protections that are `substantially
equiwWrto the Fair Housing Act, HUD most
Promptly refer your complaint to that agency for
invesfigation, and must promptly notify you of the
referral. The State or local agency will investigate
your complaint under the "substantially equivalent"
State or local civil rights law or ordinance. The
State or local public fair housing agency must start
investigating your complaint within 30 days of
HUD's _referral, or HUD may retrieve ('reactivate')
the complaint for investigation under the Fair
Housing Act.
If you need immediate help to stop or prevent a
severe problem caused by a Fair Housing Act viola-
tion, HUD may be able to assist you as soon as
you file a complaint. HUD may authorize the U.S:
Department of Justice to file a Motion in Federal
District Court for a f (-day Temporary Restraining
Order (TRO) against the respondent, followed by
a Preliminary Injunction pending the outcorne of
HUD's investigation. A Few Juddeifl grant a
TRO or a Preliminary Injundonagnst a region-
dent in cases where:
Irreparable (irreversible).. harm or injury to f using
rights is likely to occur without HUD's. inte en-
tion, and
There is substantial evld � t;tho fespoixient
has violated the fair flousing ;
Example., An owner agrees to sell a house, but,
after discovering that the buyers are black, pulls the
house off the market, then promptly lists it for sale
again. The buyers file a discrimination complaint
with HUD. HtJD may authorize the U.S. Department
of Juebce to. seek an injunction in Federal District
Court to prevent the owner from selling the house
to anyone else until HUD investigates the complaint
II
What Happens After
A Complaint Investigation?
Dekmination of Ruble Canes, Charge d
Dlserlaiinatiem, and Elecda: when your com-
plaint investigation is complete, HUD will prepare
a Final Investigative Report summarizing the evi-
dence gathered during the investigation. If HUD
determines that there is reasonable cause to believe
that the respondent(s) discriminated against you,
HIED will issue a Determination of Reasonable
Cause and a Charge of Discrimination against the
respondent(s). You and the respondent(s) have
Twenty (20) days after receiving notice of the
Charge to decide relect"y whether to have your case
heard by a HUD Administrative Law Judge (ALJ) or
to have a civil trial in Federal District Court.
HUD Adm#nf*atire Law Judge Nearing: If neither
you nor the respondent elects to have a Federal
civil trial before the 20-day Election Period expires,
HUD will promptly schedule a Hearing for your case
before a HUD Administrative Law Judge. The AU
Hearing will be conducted in the locality where the
discrimination allegedly occurred. During the AU
Hearing, you and the respondent(s) have the right
to appear in person, to be represented by legal
counsel, to present evidence, to cross-examine wit-
nesses, and to request subpoenas in `aid of discov-
ery of evidence. HUD attorneys will represent you
during the ALJ Hearing at no cost to you; however,
you may also choose to intervene In the case and
retain your own attorney. Atthe conclusion of the
Hearing, the HUD AU M116so.e.a melon based
on findings of fact and eonclus =fir. if the
HUD ALJ concludes that the resporident(s) violated
the Fair Housing Act, therespondent(s) can be
ordered to:
* Compensate you for act:.da.
* Provide permanent injoncgy relief.
* Provide appropriate equitable relief (for example,
make the mousing available to you).
* Pay your reasonable attorney's fees.
* Pay a civil penalty to HUD to vindicate the public
interest by discouraging future discriminatory
housing practices. The maximum civil penalties
are: $JkPW.00 for a first violation of the Act;
$37,500,00 if a previous violation has occurred
within the preceding fire -year periods and
$659M.00 if two or more previous violations
have occurred within the preceding seven-year
period. 12
Civil Trial in Federal District Court If either you
or the respondent elects to have a Federal civil trial
for your complaint, HUD must refer your case to the
U.S. Department of Justice for enforcement. The
U.S. Department of Justice will file a civil lawsuit on
your behalf in the U.S. District Court in the circuit
in which the discrimination allegedly occurred. You
also may choose to intervene in the case and retain
your own attorney. Either you or the respondent
may request a jury trial, and you each have the
right to appear in person, to be represented by legal
counsel, to present evidence, to cross-examine wit-
nesses., and to request subpoenas in aid of discov-
ery of evidence. If the Federal Court decides in your
favor, a Judge or jury may order .the respondent(s)
to:
• Compensate you for actual damages.
• Provide permanent injunctive relief.
• Provide appropriate equitable relief (for example,
make the housing available to you).
i Pay your reasonable attorney's fees.
Pay punitive damages to you.
• Pay a civil penalty to the U.S. Treasury to vindicate
the public interest, in an amount not exceeding
$55,000.00 for a first violation of the Act and in
an amount not exceeding $110,000.00 for any
subsequent violation of the Act.
Determination of No Reasonable Cause and
Dismissal: If HUD finds that there is no reason-
able cause to believe that the respondent(s) violated
the Act, HUD will dismiss your complaint with a
Determination of No Reasonable Cause. HUD will
notify you and the respondent(s) of the dismissal
by mail, and you may request a copy of the Final
Investigative Report.
Reconsiderations of No Reasonable Cause
Determinations: The Fair Housing Act provides
no formal appeal process for complaints dis-
missed by HUD. However, if your complaint is
dismissed with a Determination of No Reasonable
Cause, you may submit a written request for a
reconsideration review to: Director, FHEO Office
of Enforcement, U.S. Department of Housing and
Urban Development, 451-7th Street, SW, Room
5206, Washington, DC 2041 D-2000.
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