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