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Miscellaneous Correspondence al MOIIROE CODUTu 1 Q AUThORIT1.] P. O. BOX 2476 • KEY WEST, FLORIDA 33040 • 305 296 -5621 Board of Commissioners: Director: Henry V. Haskins, P.H.M. Greg Goebel Glenwood Lopez Dennis J. Wardlow Mona Chase Rose Biero July 2, 1991 Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of the :County of Monroe 500 Whitehead Street Key West, Florida 33040 Subject: CDBG ADMINISTRATION PROPOSAL Dear Mr. Kolhage: The Monroe County Housing Authority has submitted an application to the County under the advertised Request For Proposal and in conformance with same. However, the Authority respectfully requests that the County review the Authority's Submittal also as a "governmental subrecipient" under 24CFR570.503, Community Development Block Grants, Agreements with subrecipients, and under the Department of Community Affairs, CDBG, Small Cities Award Agreement, Section 12, Delegates, Subrecipients and Contractors. The Authority has participated in all County CDBG applications and administration in the past and looks forward to the continued opportunity to serve the County in this capacity. If we can be of any further assistance in this matter, please contact us at your convenience. Sincer Rog r Braun Assistant Director cc: Captain Tom Brown, County Administrator Mr. Robert L. Herman, Director, Growth Management Division Mr. Henry V. Haskins, MCHA Executive Director Mr. Dennis Wardlow, Chairman, MCHA t most recently closed -out Economic Development grant, a 15- •,oint point score reduction will be assessed. These score reduction penalties shall continue to be assessed against all eligible CDBG applications submitted by the Recipient, both individual or joint, until the Recipient has successfully competed for a CDBG grant, or has unsuccessfully competed for a • CDBG grant whose application was not within the fundable range. (12) DELEGATES. SUBRECIPIENTS. AND CONTRACTORS,. (a) The Recipient may delegate to any other unit or department of the local government the responsibility to undertake or carry out specific grant activities. (b) The Recipient may, by written agreement, designate one or more autonomous public agencies, including existing agencies and other local governments, to undertake or carry out grant activities for the city or county. All autonomous public bodies so designated shall be considered subrecipients. Such written agreements shall be executed in accordance with 24 C.F.R. Section 570.503. Subrecipients undertaking or carrying out community development activities shall do so in conformance with Fla. Admin. Code Rule 9B- 43.01 and all applicable state and federal laws, rules and regulations. (c) Delegations, designations and contractual arrangements as authorized under this section shall in no way relieve the Recipient of its responsibilities to ensure that the CDBG Small Cities Program is administered in accordance with all state and federal requirements. COMMUNITY DEVELOPMENT 09:0601 HDR RF -434 9 -10 -90 COMMUNITY DEVELOPMENT BLOCK GRANTS (24 CFR 570) PART 570 - COMMUNITY Subpart F -Small Cities Program 570.511 Use of escrow accounts for reha- DEVELOPMENT BLOCK GRANTS bilitation of privately owned resi- (See p. 09:3501) dential property. Subpart A General Provisions 570.512 [Reserved]. Subpart G - Urban Development 570 Lump Sum Drawdown for Prop - Pa pm erty Rehabilitation Financing. 570.1 Purpose. Action Grants 570.2 Primary objective. Subpart K - Other Program 570.3 Definitions. 570.450 Purpose. Requirements. 570.4 Allocation of funds. 570.451 Definitions. 570.5 Waivers. 570.452 Distressed communities. 570.600 General. 570.453 Eligible applicants. 570.601 Pub. L. 88 -352 and Pub. L. 90- Subpart B - [Reserved] 570.454 Other actions which must be 284; affirmatively furthering fair taken prior to submission of a full housing; and Executive Order Subpart C--Eligible Activities application. 11063. 570.455 Eligible activities. 570.602 Section 109 of the Act. 570.200 General policies. 570.456 Ineligible activities and limita- 570.603 Labor standards. 570.201 Basic eligible activities. tions on eligible activities. 570.604 Environmental standards. 570.202 Eligible rehabilitation and pres- 570.457 Relocation, displacement, acqui- 570.605 Nation Flood Insurance Pro - sition, and replacement housing ervation activities. gram. 570.203 Special economic development 570.458 Full applications. 570.606 Relocation, displacement, and 570.459 Criteria for selection. activities. acquisition. 570.204 Special activities by subreci- 570.460 HUD review and action on ap- 570.607 Employment and contracting op- pients. plications. portumties. 570.205 Eligible planning, urban environ- 570.461 Post preliminary approval re- 570.608 Lead -based paint. mental design and policy -plan- quirements. 570.609 Use of debarred, suspended, or ning- management-capacity 570.462 Incurring costs for project activi- ineligible contractors or subreci- building activities. ties after preliminary approval. pients. 570.206 Program administrative costs. 570.463 Project amendments and revi- 570.610 Uniform administrative require - 570.207 Ineligible activities. sions. meats and cost principles. 570.208 Criteria for national objectives. 570.464 Project Closeout. 570.611 Conflict of interest. 570.465 Applicability of rules and regula- 570.612 Executive Order 12372. Subpart D Entitlement Grants tions. 570.466 Specific provisions for cities and Subpart M - Loan Guarantees. 570.300 General. urban counties containing pockets 570.301 Presubmission requirements. of poverty. 570.302 Submission requirements. 570.467 Specific provisions for consortia 570.700 Eligible applicants. 570.303 Certifications. of small cities applying for UDAG 570.701 Eligible activities. 570.304 Making of grants. Funds. 570.703 Loan requirements. 570.305 Amendments. 570.704 Federal guarantee. 570.306 Housing assistance plan. Subpart H - [Removed] 570.705 Applicability of rules and regula- 570.307 Urban counties. tions. 570.308 Joint requests. Subpart I - State's Program: State 570.706 Sanctions. Administration of CDBG Subpart E- Secretary's Fund Nonentitlement Funds Subpart N -Urban Renewal 570.400 General. Provisions 570.401 Urgent needs fund. (See p. 09:3601) 570.402 Technical assistance grants and 570.800 General. contracts. Subpart J - Grant Administration 570.801 Payment of the cost of complet- 570.403 New communities. ing project. 570.404 Areawide programs. 570.500 Designation of public agency. 570.802 Repayment of temporary loans. 570.405 The Insular areas -Guam, the 570.501 Grant agreement. 570.803 Financial settlement of projects. Virgin Islands, American Samoa, 570.502 Method of payment. 570.804 Application for approval of Ti- the Trust Territory of the Pacific 570.504 Restrictions on Fund Commit- nancial settlement. Islands, and the Commonwealth of ment and Expenditures. the Northern Mariana Islands. 570.505 Financial management systems. Subpart O Management. 570.406 Innovative grants program. 570.506 Records to be maintained. 570.407 Federally recognized disasters. 570.507 Reports. 570.900 General. 570.408 Inequities funds. 570.508 Bonding and insurance. 570.901 Review for Compliance with 570.409 [Reserved] 570.509 Audit. primary and national objectives and 570.410 Special project program. 570.510 Retention of records. other program requirements. Published by Warren, Gorham & Lamont. Inc. r 3 COMMUNITY DEVELOPMENT 09:0645 HDR RF -434 9 -10 -90 after the applicable time period specified lar No. A-87, "Principles for Determining (3) Attachment C, "Retention and Cus- in § 570.503(bX8) for subrecipient -con - Costs Applicable to Grants and Contracts todial Requirements for Records ", except trolled property, or § 570.505 for recipi- with State, Local and Federally recog- that in lieu of the provisions in paragraph ent- controlled property. nized Indian Tribal Governments ", OMB 4, the retention period for records per - (b) "Revolving fund" means a separate Circular A -128, "Audits of State and taining to individual CDBG activities fund (with a set of accounts that are Local Governments" (implemented in 24 starts from the date of submission of the independent of other program accounts) CFR Part 44) and with the following annual performance and evaluation re- established for the purpose of carrying sections of 24 CFR Part 85 "Uniform port, as prescribed in § 570.507 in which out specific activities which, in turn, Administrative Requirements for Grants the specific activity is reported on for the generate payments to the fund for use in and Cooperative Agreements to State and final time; carrying out the same activities. Local Governments ": (4) Attachment F, "Standards for Fi- (c) "Subrecipient" means a public or (1) Section 85.3, "Definitions "; nancial Management Systems"; private nonprofit agency, authority or (5) Attachment H, "Monitoring and (2) Section 85.6, "Exceptions "; organization, or an entity described in (3) Section 85.12, "Special grant or Reporting Program Performance", Para- § 570.204(c), receiving CDBG funds from subgrant conditions for "high risk' grant- graph 2; the recipient to undertake activities eligi- (6) Attachment N, "Property Manage - ble for assistance under Subpart C. The �(4) Section 85.20, "Standards for finan- ment Standards ", except for paragraph 3 term includes a public agency designated cial management systems," except pare- concerning the standards for real proper - by a metropolitan city or urban county to gmp (a); ty, and except that paragraphs 6 and 7 are M, receive but a loan guarantee under Subpart (5) S 85.21, "Payment," exce pt modified so t M, but does not include contractors pro- (i) In all cases in which personal prop - or ser supplies, equipment, construction (6) as modified by § 570.513; 6) Section 85.22, "Allowable costs "; arty is sold, the proceeds shall be program or services subject to the procurement (7) Section 85.26, "Non - federal au- income, and requirements in 24 CFR 85.36, or in � ,�; (ii) Personal property not needed by Attachment 0 of OMB Circular A -110, as (8) Section 85.32, "Equipment," except the subrecipient for CDBG activities shall applicable. be transferred to the recipient for the in all cases in which the equipment is CDBG program or shall be retained after sold, the proceeds shall be program in- 570.501 Responsibility for grant compensating the recipient; and administration. come; (9) Section 85.33, "Supplies"; (7) Attachment 0, "Procurement Stan - dards." (a) One or more public agencies, in- (10) Section 85.34, "Copyrights"; eluding existing local public agencies, barred and i suspended suspended parties"; to de- $ 570.503 meats with sabrecipieats officer of the designated reci iennt o d chief ertak activ- act a (12) Section 85.36, "Procurement," ex- ities assisted by this part. A public agency cept paragraph (a); (a) Before disbursing any CDBG funds so designated shall be subject to the same (13) Section 85.37, "Subgrants"; to a recipient, the recipient shall sign a requirements as are applicable to subreci- (14) Section 85.40, "Monitoring, and written agreement with the subrecipient. pients. reporting program performance," except The agreement shall remain in effect (b) The recipient is responsible for Paragraphs (b) through (d) and paragraph during any period that the subrecipient ensuring that CDBG funds are used in (f); has Control over CDBG funds, including accordance with all program require- (15) Section 85.41, "Financial report- program income. _ ments. The use of designated public agen- in&" except paragraphs (a), (b), and (e); (b) At a minimum, the written agree - cies, subrecipients, or contractors does (16) Section 85.42, "Retention and ment with the subrecipient shall include not relieve the recipient of this responsi- access requirements for records" provisions concerning the following fol- bility. The recipient is also responsible for (17) Section 85.43, "Enforcement "; lowing items; determining the adequacy of performance (18) Section 85.44, `"Termination for (1) Statement of work The agreement under subrecipient agreements and pro- convenience"; shall include a description of the work to curement contracts, and for taking appro- (19) Section 85.51 "Later disallo- be performed, a schedule for completing priate action when performance problems wances and adjustments" and the work, and a budget. These items shall arise, such as the actions described in (20) Section 85.52, "Collection of be in sufficient detail to provide a sound § 570.910. Where a unit of general local amounts due." basis for the recipient effectively to moni- government is participating with, or as (b) Subrecipient except subrecipients tor performance under the agreement. part of, an urban county, or as part of a which are governmental entities, shall (2) Records and reports. The recipient metropolitan city, the recipient is respon- comply with the requirements and stan- shall specify in the agreement the particu- sible for applying to the unit of general dards of OMB Circular No. A -122, "Cost lar records the subrecipient must main - local government the same requirements principles for Non Profit Organizations" tain and the particular reports the subre- as are applicable to subrecipients. or OMB Circular No. A -21, "Cost Princi- cipient must submit in order to assist the pies for Educational Institutions," as ap- recipient in meeting its recordkeeping § 570.502 Applicability of uniform plicable, and with the following Attach - and reporting requirements. administrathe requirements. ments to OMB Circular No. A-110: (3) Program income. The agreement (1) Attachment A, "Cash Deposito- shall include the program income require - (a) Recipients and subrecipients which ries ", except for paragraph 4 concerning ments set forth in § 570.504(c). are governmental entities (including pub- deposit insurance; (4) Uniform administrative require - lic agencies) shall comply with the re- (2) Attachment B, "Bonding and Insur- ments. The agreement shall require the quirements and standards of OMB Circu- ance "; subrecipient to comply with applicable Published by warren. Gorham & Lamont, Inc. 4 7 • 09 : 0er HOUSING AND DEVELOPMENT REPORTER uniform administrative requirements, as (b) Disposition of program income re - to the specified activities. When the su- described in § 570.502. ceived by recipients. (1) Program income brecipient retains program income, trans- (5) Other program requirements. The received before grant closeout may be fers of grant funds by the recipient to the agreement shall require the subrecipient retained by the recipient if the income is subrecipient shall be adjusted according to carry out each activity in compliance treated as additional CDBG funds subject to the principles described in paragraphs with all Federal laws and regulations to all applicable requirements governing (bX2Xi) and (ii) of this section. Any described in Subpart K of these regula- the use of CDBG funds. program income on hand when the agree - tions, except that: (2) If the recipient chooses to retain ment expires, or received after the the (i) The subrecipient does not assume program income, that income shall affect agreement's expiration, shall be paid to the recipient's environmental responsibil- withdrawals of grant funds from the U.S. the recipient as required by ities described at § 570.604; and vk. , Treasury as follows: § 570.503(bX8). (ii) The subrecipient does not assume (i) Program income in the form of (d) Disposition of certain program in- the recipient's responsibility for initiating repayments to, or interest earned on, a come received by urban counties. Program the review process under the provisions revolving fund as defined in § 570.500(b) income derived from urban county pro- of 24 CFR Part 52. shall be substantially disbursed from the gram activities undertaken by or within (6) Conditions for religious organiza fund before additional cash withdrawals the jurisdiction of a unit of general local tions. Where applicable, the conditions are made from the U.S. Treasury for the government which thereafter terminates prescribed by HUD for the use of CDBG same activity. (This rule does not prevent its participation in the urban county shall funds by religious organizations shall be a lump sum disbursement to finance the continue to be program income of the included in the agreement. rehabilitation of privately owned proper - urban county. The urban county may (7) Suspension and termination. The ties as provided for in § 570.513.) transfer the program income to the unit agreement shall specify that, in accord- (ii) Substantially all other program in- of general local government, upon its ance with 24 CFR 85.43, suspension or come shall be disbursed for eligible activi- termination of urban county participa- termination may occur if the subrecipient ties before additional cash withdrawals tion, provided that the unit of general materially fails to comply with any term are made from the U.S. Treasury. local government has become an entitle - of the award, and that the award may be (3) Program income on hand at the ment grantee and agrees to use the pro- terminated for convenience in accordance time of closeout shall continue to be gram income in its own CDBG entitle - with 24 CFR 85.44. subject to the eligibility requirements in ment program. (8) Reversion of assets. The agreement Subpart C and all other applicable provi- shall specify that upon its expiration the sions of this part until it is expended. § 570.505 Use of real property. subrecipient shall transfer to the recipient (4) Unless otherwise provided in any any CDBG funds on hand at the time of grant closeout agreement, and subject to The standards described in this section expiration and any accounts receivable the requirements of paragraph (bx5) of apply to real property within the recipi- attributable to the use of CDBG funds. It this section, income received after close- ent's control which was acquired or im- shall also include provisions designed to out shall not be governed by the provi- proved in whole or in part using CDBG ensure that any real property under the sions of this part, except that, if at the funds in excess of S25,000. These stan- subrecipient's control that was acquired time of closeout the recipient has another dards shall apply from the date CDBG or improved in whole or in part with ongoing CDBG grant received directly funds are first spent for the property until CDBG funds in excess of S25,000 is from HUD, funds received after closeout five years after closeout of an entitlement either, shall be treated as program income of the recipient's participation in the entitle - (i) Used to meet one of the national ongoing grant program. ment CDBG program or, with respect to objectives in § 570.208 (formerly (5) If the recipient does not have anoth- other recipients, until five years after the § 570.901) until five years after expiration er ongoing grant received directly from closeout of the grant from which the of the agreement, or for such longer HUD at the time of closeout, income assistance to the property was provided. period of time as determined to be appro- received after closeout from the disposi- (a) A recipient may not change the use priate by the recipient; or tion of real property or from loans out- or planned use of any such property (ii) Disposed of in a manner that results standing at the time of closeout shall not (including the beneficiaries of such use) in the recipient's being reimbursed in the be governed by the provisions of this part, from that for which the acquisition or amount of the current fair market value except that such income shall be used for improvement was made unless the recipi- of the property less any portion of the activities that meet one of the national ent provides affected citizens with rea value attributable to expenditures of non- objectives in § 570.901 and the eligibility tunable notice of, and opportunity to CDBG funds for acquisition of, or im- requirements described in section 105 of comment on, any proposed change, and provement to, the property. (Reimburse- the Act. either, ment is not required after the period of (c) Disposition of program income re - (1) The new use of such property time specified in paragraph (bX8Xi) of ceived by subrecipients. The written agree- qualifies as meeting one of the national this section.) ment between the recipient and the subre- objectives in § 570.208 (formerly cipient, as required by § 570.503, shall § 570.901) and is not a building for the specify whether program income received general conduct of government; or 570.504 Program income. § is to be returned to the recipient or (2) The requirements in paragraph (b) retained by the subrecipient. Where pro- of this section are met. (a) Recording program income. The gram income is to be retained by the (b) If the recipient determines, after receipt and expenditure of program in- subrecipient, the agreement shall specify consultation with affected citizens, that it come as defined in § 570.500(a) shall be the activities that will be undertaken with is appropriate to change the use of the recorded as part of the financial transac- the program income and that all provi- property to a use which does not qualify tions of the grant program. sions of the written agreement shall apply under paragraph (ax 1) of this section, it Published by warren. Gorham & Lamont. Inc. 4 8 ` _.;-;'.00.!" - J .' y uip`,�G te e ; ,.i° e.. o, Dannp IL. 3aotIjage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY P.O. BOX 379 MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 TEL. (305) 743 -9036 KEY WEST, FLORIDA 33040 TEL. (305) 852 -9253 TEL. (306) 294 -4641 October 8, 1991 The Honorable Wilhelmina Harvey Monroe County Board of County Commissioners 500 Whitehead Street Key West, FL 33040 Dear Mayor Harvey: I am in receipt of a copy of the letter to you from Cecil Bragg, Internal Audit Administrator of the Florida Department of Community Affairs, dated October 3, 1991, con- cerning Community Development Block Grant Contract Number 91DB- 99- 11- 54- 01 -H13. Enclosed with this letter is a copy of CDBG -H -11, Certification by City, County, or Town Clerk, that was exe- cuted by me on February 28, 1991. Last week, I was advised that there might be some problem associated with the filing of this certification with the Department of Community Affairs. Accordingly, I have referred this matter to the State Attorney's Office for their review and investigation. If I can be of any further assistance to you in this matter, please contact me. Sincerely yours, / anny L. K lhage Clerkaf L ie Circuit Court and ex officio Clerk to the Board of County Commissioners DLK :RLC cc: File 1 2 ,IpiT::: . . NI - . . t e — rszo,_ - - x F a R � ss�� I _ �� rdt • ,cO „ +n nm�N V STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2 7 4 0 C E N T E R V I E W D R I V E • TALLAHASSEE, F L O R I D A 3 2 3 9 9 LAWTON CHILES October 3, 1991 WILLIAM E. SADOWSKI Governor Secretary CERTIFIED MAIL - RETURN RECEIPT REOUESTED The Honorable Wilhelmina Harvey Mayor, Monroe County Commission 5100 Junior College Road Stock Island, FL 33040 Re: Community Development Block Grant Contract Number 91DB- 99- 11- 54- 01 -H13 Dear Mayor Harvey: The Department of Community Affairs has recently received two pieces of information from anonymous sources which appear to contradict information contained in your grant application for the above referenced Community Development Block Grant award. The Department requests your assistance to document the accuracy of the information contained in your grant application. The first item is in regard to the County's fair housing ordinance. On form CDBG -H -7 in your grant application, the date of adoption of the County's fair housing ordinance is shown as July 25, 1986. Attached is a copy of ordinance number 009 -1991 which was received by the Department, showing an adoption date of May 15, 1991. Please provide a copy of the County's fair housing ordinance as adopted prior to the application deadline date of November 30, 1990. The second item regards form CDBG -H -11, Certification by City, County or Town Clerk. This form in your grant application shows under item one that the citizen task force was appointed on December 14, 1984. The Department received a facsimile of form CDBG -H -11 which denotes that the citizen task force was abolished on March 7, 1990, reinstated on December 5, 1990, and appointed on December 19, 1990. Please provide a certified statement from the County Clerk as to the actual date(s) certified to when he signed the form CDBG -H -11 on February 28, 1991. EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT The Honorable Wilhelmina Harvey Page Two I am enclosing for your review copies of the two pieces of information received by the Department. Please submit the requested documentation within ten days of receipt of this letter so that the Department may resolve these issues. Your written response should be sent to Mr. Tom Pierce, Housing Assistance Administrator, 2740 Centerview Drive, Tallahassee, Florida 32399 -2100. Please be advised that in the event that the Department finds that information contained in a grant application has been materially misrepresented, the Department shall reject that application from funding consideration. In this case, such a finding of misrepresentation could result in the termination of your grant award. If you have any questions regarding this matter, please contact Mr. Pierce at (904) 922 -5434. Sincerely, Cecil Bragg Internal Audit Administrator LOB /tpm Enclosures cc: Barbara Jo Finer =fir gilliwCWFLS114 ta.P 3 1991 ;►naG . HOMO Offic Of Management d Budget ORDINANCE NO. 009 - 1991 AN ORDINANCE AMENDING ORDINANCE NO.022 -1986, THE MONROE COUNTY FAIR HOUSING ORDINANCE, IN ORDER TO ADDITIONALLY PROHIBIT DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING BASED UPON HANDICAP CR FAMILIAL STATUS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. Sec. 2 of Ordinance No. 022 -1986 is hereby amended to read as'follows: 5. "Discrimination" means any difference in treatment based on race, color, religion, ancestry, sex, national origin, handicap, place of birth, sexual preference, or familial status. Section 2. Sec. 5 of Ordinance No. 022 -1986 is hereby amended to read as follows: Section 5. Unlawful Practices. In connection with any of the transactions set forth in this section which affect any housing operation on the open market, or in connection with any public sale, purchase, . rental, or lease of any housing accommodation, it shall be unlawful within the unincorporated areas of Monroe County for a person, owner, financial institution, real • estate broker or real estate salesman, or any above to: representative of the a lease, or purchase, rent or 1, Refuse to sell, P accommodation - housing accomm otherwise deny to or withhold any because of his evict a person person, or to birth, from a P sex, place of color, religion, ancestry, or race, sexual preference, handicap, national origin, familial status; or against a person in the terms, 2. To discriminate ag purchase, rental of the sale, P or in the conditions or privileges accommodation, or lease of any housing furnishing of facilit or services in connection therewith; or transmit a bona fide 3. T refuse to receive or lease any housing rent or offer to sell, purchas his race, form or to a person because of accommodati place of birth, color, religion, ancestry, sex, or handicap, national origin, sexual preference, familial status; or refuse to negotiate for the 4. To evict or tO of any housing rental or lease sale, purchase, color, religion. ancestry, his race, accommodation handicap, acc to a person because of of birth, sex, place national origin, sexual Preference, or familial status; or arson that any housing To represent to a P _ 5 • f inspection, sale, accommodation is not available purchase, rental or lease when in fact it is so a person to inspect or to refuse to p P available, because of his race, color, any housing accommodation because ancestry, sex, plaCe of birth, religion familial status national origin, sexual Preference or when such dwelling is in fact available to persons who are financially qualified; or post or 6. To make, publish, print, circulate P mail, or cause to be made, published, printed, ed or mailed, any notice, statement or circulated, post olicy, or to sign or advertisement, or to announce a F urchase, of application for a sale, P to use a form of any housing rental, lease or financing hick indicates any discrimination or accommodation, w any intent to discriminate; or accept or use a listing of �� To offer. solicit, a F purchase, rental or any housing accommodation for sale, P be subjected to Y may that a person lease knowing urchase, discrimination in connection with such sale, p ies or discri of facilities rental or lease, or in the furnishing or services in connection therewith; attempt to 8. T induce or discourage, or to induce or discourage: a. the sale b. the purchase c. the rental d. the lease e' b. • or d., above • of any the listing for a., housing accommodations in an areas, by means of: (1) causing panic (2) inciting unrest, or (3) creating or playing upon fear, by re resenting that the presence or a nticipate d p ersons of any presence in that area of p color, religion, ancestry, race, particular handicap, national sex, place of birth' or familial origin, sexual preference, status, will or may result in: ( the lowering of property values in the area. social (b) the increase in criminal or anti - behavior in the area or (c ) a decline in the quality of the schools serving the area 9. For any bank, building and loan association, other corporation, associatio cons insurance company or consists in whole or firm or enterprise whose business estate loans, in part in the making of commercial real to a n or other financial assistance to deny a loa for the Purpose of purchasing, there a dwelling, or to discriminate person applying repa iring or maintaining improving fixing constructing, against him in the g or other terms amount, interest rate, duration, of the loans or other financial or conditions of such ion, assistance because of the race, color, relig 10000 0100 00 r ancest r y, sex, place of birth, handicap, national origin, sexual preference or familial status of such person or of any person associated with him in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given; or 10. To deny any person who is otherwise professionally qualified by state law access to, or membership or participation in, any multiple listing service, real estate broker's organization, or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, ancestry, sex, place of birth, handicap, national origin, sexual preference or familial status. Section 3. If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. Section 4. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. f The provisions o f this Ordinance shall be Section 5• included and incorporated in the Code of Ordinances of the County o f Monroe, Florida, and as an addition or amendment thereto, to the uniform be a propriately renumbered to conform sha ll P numbering system of the Code. Section 6. This Ordinance shall take effect immediately cial notice from the Office of the Secretary upon receipt of off i of State of the State of Florida that this Ordinance has been filed with said Office. the Board of County Commissioners of PASSED AND ADOPTED by at a regular meeting of said Board held Monroe County, Florida, 1991. May � A.D., on the 15th day of Mayor Harvey Mayor Pro Tem London ...21 Commissioner Cheal Commissioner Jones Commissioner Stormont - - BOARD OF COUNTY CO O ERS OF MONROE COUNTY, BY: (SEAL) Attest: DANNY L. KOLHAGE,-CLERK BY: 440. /• / • / / 4 EFFECTIVE DATE APPROVfl Ar ^1 1 w Date i ., .,.�M�t� ^. 'iw.i.�a'F fr•r 4'54 .•.1 . oV'�*r��•�o.M•LiKs. 'ti .. •••a' -� SEP 04 '91 12:25 INSTY PRINTS 771 P01 • mir41011 061101111111 ' .1"."."..imil t Pr A t nn 4 V • CDBC -H -11 CERTIFICATION BY CITY, COUNTY, OR TOWN CLERK • I hereby certify that the following items are 011 fIIC In my office: . • 1. Evidence that the following citizen participation requirements have been met: a citizens' advisory task force composed of citizens in this jurisdiction has been appointed acid has provided input Into the application and will continue to provide input auto the CDIJC program If funded. • Date tusk force was appointed ..1 Reinstated 12 - - abolished-z..' 3 - 7 - 90 Appointment12 19 - 90• } - the local government has made &visitable to the public the amount of funds available for various activities and the range of activities that may be undertaken. • Dale Information made available 11/1/80 - that two public hearings have been held; the first for the purpose of obtaining the viens of citizens on community development needs and,the second to obtain tile views of citizens ass the final application prior to its submission to the Department. • .Date of first public hearing 11/13/90 .4 ' , • ►: Date of second public heariagll / - the local government has published a summary of the proposed application that will provide citizens with aA opportunity to examine Its contents and submit their comments. Date summary published 12 /06/90 - the local government has considered any comments and views expressed by citizens on the proposed application and, If appropriate, has modified the proposed application. Comments were received � X • yes ao • 2. Evidence that the local government has developed and adopted a community development • plan that Identifies the community development and housing needs and specifies both short and long -term community development objectives that have been developed La accordance with the primary objective of Title 1 of the Housing and Community Development Act of 1914, as amended. Date adopted 9-15 -86 3. Evidence that the project area has been surveyed and that the number of very low, low and moderate Income persons residing la the area is consistent with the number of beneficiaries claimed in form CDBG -H -3 of this application. (CDDG -H -9 mail be used to conduct all surveys) • Number of households surveyed 3 Surveys begirt on page 25 • (19) ; / t /Dump IL. iaotljage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY P.O. BOX 379 MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 TEL. (305) 743.9036 KEY WEST, FLORIDA 33040 TEL. (305) 852 -9253 TEL. (305) 294-4641 December 27, 1991 John D. Gronda, Esquire Muller, Mintz, Kornreich, Caldwell Casey, Crosland & Bramnick, P.A. Suite 3600, Southeast Financial Center 200 South Biscayne Boulevard Miami, FL 33131 -2338 Re: Monroe County Request For Public Records Dear John: Pursuant to your request dated December 17, 1991, I am enclosing herewith the following items: 1. CDBG -H -11 Certification Form as it was originally presented to me. As I indicated to you, I did not execute this particular certification because it contained several errors as well as omissions of pertinent material. 2. CDBG -H -11 Certification Form as it was corrected. After reviewing the corrections and the additional information provided, I did execute this version of the certification. 3. CDBG -H -11 Certification Form as it was presented to the Department of Community Affairs. This is a copy of the certification form that was forwarded to DCA and is part of their file. This copy was FAXed to me by Mr. Pierce of the Department of Community Affairs at my request. { John D. Gronda, Esquire Muller, Mintz, Kornreich, Caldwell Casey, Crosland & Bramnick, P.A. Suite 3600, Southeast Financial Center 200 South Biscayne Boulevard December 27, 1991 Miami, FL 33131 -2338 Page Two 4. Copies of travel vouchers for George Harper for the period of January 5, 1990 through -July 10, 1991. 5. Copy of the Agenda Item C -5 which was the approval of an Agreement with Langton & Associates for admin- istration of the Anti -Drug Abuse Grant Program which was approved by the Board of County Commissioners at their meeting on September 12, 1990. If I can be of further service to you, do not hesi- tate to contact me. I would like to take this opportunity to wish you and Mike Casey Happy Holidays and a healthy and successful New Year. Sincerely yours, CT 0 41 olh : ge Clerk o •- 'ircuit Court and ex officio Clerk to the Board of County Commissioners DLK:RLC Enclosures cc: Paula Rodriguez File coUNT). 0 34 j C Ul i O G q I U ' 1111 O f V 0 1. . y �� qOE CO F. . annp IL. 1aoU jage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY P.O. BOX 379 MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 TEL. (305) 743 -9036 KEY WEST, FLORIDA 33040 TEL. (305) 852 -9253 TEL. (305) 294 -4641 December 30, 1991 Willis and Weinbaum 503 East Monroe Street Jacksonville, FL 32202 Re: State v. Froelich Gentlemen: In accordance with Mr. Kolhage's instructions, I am returning to you herewith your Check No. 878 made payable to him in the amount of $5.50 representing a witness fee in the subject case. Sincerely, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners .7 • B y ._ �� e .�� Rosalie L. Connolly Deputy Clerk IN PAYMENT FOR 63- 21/630 WILLIS AND WEINBAUM - ATTORNEYS AT LAW BR. 535 TRUST ACCOUNT 503 EAST MONROE STREET TELEPHONE: 356 -0990 JACKSONVILLE, FLORIDA 32202 PAY A Nve, 5 71-`r - )C i DOLLARS DATE TO THE ORDER OF CHECK NO. f { AMOUNT " �a �j19� ��Q lei �� v"►'�e „ WILLIS - AND WEINBAUM ATTORNEYS AT=LAW TRUST ACCOUNT rktfg SOUTHEAST BANK, N.A. - Jacksonville Beach Banking Center � 1% =i 222 North Second Street - Jacksonville Beach, Florida 32250 n un r^1 fl n II - f7 LL n � S ' � . r ° _ ' a ' � f f'a fl■ f1 ) _ �” r"'. "J: 11 _ Q rk CI tttr� -�,r- x „<�,,,:�, , . � �. , i,ea� „ %'f , �GTO1� ASSOCIATE ik_=!_c li — ;ILI 1 ilriff i I February 4, 1992 Danny L. Kolhage Clerk of the Courts 500 Whitehead Street Key West, Florida 33040 Dear Mr. Kolhage: Enclosed please find the CDBG application and all certifications requested by DCA to be placed on file in your office. The application must have your signature on the marked page prior to submittal; please call me at (904)387 -3342 on Friday, February 7th between 9 am and 12 noon to discuss the certifications. After you are satisfied that the application is complete, please return the signature page with original signature to me by Federal Express. I must have the completed package ready to submit to DCA early next week. Should you have any questions, please feel free to call me anytime, and I will look forward to your call on Friday. Thank you for your assistance in this matter. Since/ � ° (',(,`` Wight ' hildress Public Affairs Consultant 4244 St. Johns Avenue • Jacksonville, Florida 32210 • (904) 387 -3342 • Fax (904) 387 -3364 CDBG -H -11 • CERTIFICATION BY CITY, COUNTY, OR TOWN CLERK I hereby certify that the following Items are on file in my office: ✓ 1. Evidence that the following citizen participation requirements have been met: - a citizens' advisory task force composed of citizens in this Jurisdiction has been appointed and has provided Input into the application and will cbntinue to provide input into the CDBG program if funded. Date task force was appointed 12 -19 -90 J- the local government has made available to the public the amount of funds available for various activities and the range of activities that may be undertaken. 11-28-91 The R eporter Date information made available 11 -30 -91 The Keynoter 12 -01 -91 The Key West Citizen • - that two public hearings have been held with public notice being provided In accordance with 911- 43.003(44), F.A.C.; the first for the purpose of obtaining the views of citizens on community development needs and the second to obtain the views of citizens on the final application prior to Its submission to the Department. Date of first public hearing 12-9-91 • • Date of second public hearing 1 -28 -92 - the local government has published a summary of the proposed application that will provide citizens with an opportunity to examine its contents and submit their comments. 1 -16 -92 The Reporter Date summary published 1-19 -92 The Key West Citizen • - the local government has considered any comments and views expressed by citizens on the proposed application and, If appropriate, has modified the proposed application. Comments were received X yes no 2. Evidence that the local government has developed and adopted a community development plan that Identifies the community development and housing needs and specifies both short and long -term community development objectives that have been developed In accordance with the primary objective of Title 1 of the Housing and C�m.r_:.�a).t; - Development Act of 1974, as amended. Date adopted 9-15-86: Volume II - Housing Element IV • Housing /Future Land Use Element II 2- 14 -91; Monroe Co. Conprehensive Plan 1990 -2010 (Rejecte 3. Evidence that the project area has been surveyed and that the number of very low, low lad DCA- moderate income persons residing in the area Is consistent with the number of under beneficiaries claimed In form CDBG -H -3 of this application. (CDBG -H -9 must be •negoti used to conduct all surveys) tiory • Number of households surveyed 29 Surreys begin on page 31 i 3 I 3A • CERTIFICATION BY CITY, COUNTY, OR TOWN (CONTINUED) CLERK 14. Evidence that the local government has adopted an Anti - displacement and Relocation PolIcy in conformance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979 as amended, 49 C.F.R. Part 24, and 24 C.F.R. Chapter 570.606. • /5. Date Adopted 4-3-91 5 Evidence that the local government has submitted Inf Planning Council. ormatIoa, as required, to the Regional Date mailed 1 -23 -92 ✓6. Evidence that the local government has adopted procedures which provide response to complaints and grievances. • Date Adopted 7- 25 -86: Section 9 Duties and Power of Fair Housing Boa. ✓1. 10 Evidence that the Local government has met the needs of non Ea case of public hearings where a significant number of non - English speaking residents in participated. Not applicable; no participation by non - English speaking 8. Evidence that the local government has compiled With the local comprehensive planning resident: requirements of Chapter 163, Florida Statutes for the activities . proposed under this project. Stipulation Agreement signed 10 -25 -91 • Date plan adopted (If applicable) • Date plan approved by DCA (If applicable) Date plan approval appealed (if applicable) Date project activities reviewed for local comprehensive plan compliance • 9. Evidence that the local government has adopted a local procurement policy that conforms . to state and federal regulations, specifically OMB Circular A -102, Attachment 0; 24 C.F.R. Part 85, Section 85.36; Section 290.047(5) and 287.055, Florida Statutes, and 'Rule 9B -43, F.A.C. Date Policy Adopted April 1990 SEE ATTACHED STATEMENT OF COUNTY ADMINISTRATOR DATED 2/11/92 X 10. Evidence that the local government has adopted a fair housing ordinance that references the classes of Individuals protected by the Fair Housing Act, 42 U.S.C. 3601 -20 and 24 C.F.R. Part 100 (color, race, famillal status, handicap, national origin, sex, and religion). Date Fair Housing Ordinance Adopted 7 _9.S -86: Amended 5 -15 -91 v 11. Evidence that the local government has adopted an affirmative action plan which Includes procedures for hiring minority contractors. Date of Adoption 12- 15 -87; Amended 1 -19 -88 • • 12. Evidence that the local government has 568 full -time employees. • 13. Evidence that the local government has 52 full -time minority employees. 3� q?i CDBG -H -11 CERTIFICATION BY CITY, COUNTY, OR TOWN CLERK (CONTINUED) • 14. Evidence that the activities for which funding is requested is In conformance with local zoning ordinances and is consistent with the Comprehensive Plan for the jurisdiction adopted by the jurisdiction and submitted to the Department for comment in conformance with Chapter 163, F.S. Date of Adoption of Comprehensive Plan Stjpul n A signed 10 -25 -' Date of Adoption of Most Recent Amendment to the Comprehensive Plan • 15. Evidence of compliance with Section 504 of the Rehabilitation Act of 1973 and with 24 C.F.R. Part 8. I, the undersigned, certify that all citizen participation requirements have been met, a community development plan has been developed, surveys have been conducted and a displacement plan written has been written and adopted. I further certify that all such evidence is on file in my office. I understand that failure to submit complete and sign this certification will result in a 50 point score reduction. Danny Kolhage • County, or Town ' Date (.:Ti' nre) Seal • • • • • r r ;,. 21 Procurement Policies for Monroe County Revised April 1990 I, Thomas W. Brown, Monroe County Administrator and Chief Procurement Officer, do certify that the above - mentioned document conforms to state and federal regulations, specifically OMB Circular A -102, Attachment 0; 24 C.F.R. Part 85, Section 85.36; Section 290.047(5) and 287.055, Florida Statutes, and Rule 9B -43, F.A.C.; with the exception that Section 15 of OMB Circular A -102, Attachment 0, requiring a Contract Administration system is not currently met, but the proposed contract language, if approved by the Monroe County Board of Commissioners at their February 19, 1992, meeting, would remedy that defect. ( \ "),A54„5,- 2 1 ``` Thomas W. Brown OMB Circular A -102 (0): Standards Governing State and Local Grantee Procurement Section 290.047(5): Establishment of Grant Ceilings and Maximum Administrative Cost Percentages - hiring same individual or business entity for more than one (1) CDBG service Section 287.055: Consultants' Competitive Negotiation Act Rule 9B -43, F.A.C.: Small Cities Community Development Block Grant Program IZ ?2!:57------ r BOARD OF COUNTY COMMISSIONERS MAYOR Jerry Hernandez, District 1 0 U N TY o M 0 N ROE �' Mayor Pro tem Gene Lytton, District 2 KEY WEST, FLORIDA 33040 Wm. Billy Freeman, District 3 1305) 294 4641 ` a Mike Puto, District 4 :ALA: John Stormont, District 5 -1! ti TO: Mayor Hernandez FROM: Thomas W. Brown County Administrator SUBJECT: CDBG Program DATE: April 27, 1987 1. This correspondence is in response to your memorandum of April 22, 1987 requesting status of the subject program. 2. On April 21, 1987 communications were received from DCA that Monroe County ranked tenth (10th) out of Fifty (50) applicants for funding under the FY 1986 Small Cities Community Develop- ment Block Grand (CDBG) Program. This ranking is high enough to virtually insure that Monroe County will receive a $650,000 grant to rehabilitate 33 low- income housing units in the Marathon "Rock" community. However, final awards cannot be made until any and all appeals have been resolved. 3. The preparation of this grant application required the near full time efforts of Michael Managan, Assistant County Administrator, Charles Acheson, Project Manager, and Michele Ludwig, Administra- tive Assistant for J.T.P.A., for a period of about two (2) months. 4. It is not envisioned that these same staff members would be available to prosecute additional C.D.B.G. applications due to normal workload. 5. It should be noted that the City of Key West Federal Grant Programs office is manned by five (5) full time permanent staff members whose sole responsibility entails producing C.D.B.G. grant applications. Monroe County does not have any staff member whose primary or collateral duty entails preparing C.D.B.G. applications. 6. It is strongly recommended that upon awarding of this $650,000 C.D.B.G. that appropriate staff members be hired to effectively 1 -2- administer a comprehensive grant writing and administration program. The C.D.B.G. Officer could be directly integrated into the recently requested establishment of a Monroe County Fiscal Department. The overall benefits Monroe County would derive from this C.D.B.G. are obviously substantial. It should also be noted that funds are pro- vided in the grants package to cover administration costs. 7. Additional information will be provided to all Commissioners concerning the C.D.B.G. Program once we are officially notified that Monroe County has been awarded the grant. Signed Thomas W. Brown Thomas W. Brown County Administrator CC: All County Commissioners County Attorney County Clerk B:kr cOUNTfr 1 al • ' �• ..... uio� • . u? 1 flannp IL. 3o[[jage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY P.O. BOX 379 MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 TEL. (305) 743 -9036 KEY WEST, FLORIDA 33040 TEL. (305) 852 -9253 TEL. (305) 294 -4641 M E M O R A N D U M To: Thomas W. Brown, County Administrator From: Rosalie L. Connolly, Deputy Clerk Date: March 15, 1990 Subject: Resolution No. 146 -1990 As you know, on March 7, 1990, the Board of County Commissioners adopted Resolution No. 146 -1990 abolishing the Citizens Advisory Task Force and repealing Resolution No. 404 -1984. Attached is a certified copy of the subject Resolution for your use and records. \ , / II Rosalie L. onnolly Deputy Clerk Attachment cc: County Attorney File MAR 1 6 1990 ITV ADMINISTRATOR b GOUNrk Yr u \"1.4V67.-. 4 �G y ' �" � I • , ays ♦ 7 ,. OE COUNT'I' f =, Oannp fit. 1aotijage BRANCH OFFICE CLERK OF TtIE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY P.O. BOX 379 MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 TEL. (305) 743 -9036 KEY WEST, FLORIDA 33040 TEL. (305) 852 -9253 TEL. (305) 294 -4641 M E M O R A N D U M To: George Harper, Director Division of Management Services From: Rosalie L. Connolly, Deputy Clerk Date: November 26, 1990 On November 14, 1990, the Board of County Commissioners adopted Resolution No. 620 -1990 authorizing the submission of a Grant Application to the Department of Community Affairs for a Florida Small Cities Community Development Block Grant and directing execution of same by the proper County authorities. Attached for your handling and follow- through are two cer- tified copies of the subject Resolution. k _ { Rosalie . onnolly / s Deputy Clerk Attachments cc: County Attorney County Administrator Finance Director File b GOUN TpC�9� � u J�� y JJM c uip`� oG9wyyi '. ti N I .S COUNT4 �4yOP 3IDannp 1. 1koijage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY P.O. BOX 379 MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 TEL. (305) 743-9036 KEY WEST, FLORIDA 33040 TEL. (305) 852-9253 TEL. (305) 294-4641 M E M O R A N D U M To: Tom Brown, County Administrator From: Rosalie Connolly, Deputy Clerk Date: December 17, 1990 As you are aware, on December 5, 1990, the Board of County Commissioners adopted Resolution No. 645 -1990 creating a Citizen's Advisory Task Force Committee to provide citizen participation in the Small Cities Community Development Block Grant. Attached is a copy of the subject Resolution for your use and records. 12 Rosalie L. nnolly Deputy Clerk Attachment cc: County Attorney Management Services Director Finance Director File. ( GOUNrk �YY ff- j yJVMCUiO`�OG9vyy`6 � COUN7V.QV .. ),: annp IL. 1aoufjage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY P.O. BOX 379 MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 TEL. (305) 743-9036 KEY WEST, FLORIDA 33040 TEL. (305) 852 -9253 TEL. (305) 294 -4641 M E M O R A N D U M To: George Harper, Director Division of Management Services From: Rosalie L. Connolly, Deputy Clerk Date: December 28, 1990 On December 19, 1990, the Board of County Commissioners adopted Resolution No. 668 -1990 appointing five initial mem- bers to the Citizens Advisory Task Force Committee to pro- vide input and secure citizen participation in the Small Cities Community Development Block Grant. Attached for your handling are six certified copies of the subject Resolution. . S Rosalie L. onnolly Deputy Clerk Attachments cc: County Attorney County Administrator Finance Director File : ma y. •.v1w ti 1 4 COUNrfr JM Culp (0 I• , I III I ; f M,. FCp �NVV. 3 aannp ...1ao[.ijage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY P.O. BOX 379 MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 TEL. (305) 743-9036 KEY WEST. FLORIDA 33040 TEL. (305) 852-9253 TEL. (305) 294-4641 M E M O R A N D U M 7 3 7 To: George Harper, Director Division of Management Services • From: Rosalie L. Connolly, Deputy Clerk Date: April 12, 1991 As you are aware, on April 3, 1991, the Board of County Commissioners adopted Resolution No. 087 -1991 officially adopting Title 49 of the Code of Federal Regulations, 49 CFR Part 24, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally- assisted programs; etc. Attached hereto for your use and records are three certified copies of the subject Resolution. 0/ A z / . • � Rosalie L. C• no ly Deputy Cler Attachments cc: County Attorney County Administrator Finance Director File 4-1 l Monroe County Rental Rehabilitation Program Tenant Assistance Policy Introduction The regulations for the Rental Rehabilitation Program (24 CFR 511.10(h)) require grantees to adopt a written tenant assistance policy. The purpose of the tenant assistance policy is for the grantee to articulate how it will assist tenants currently living in or moving into projects rehabilitated under its Rental Rehabilitation Program. Monroe County residents have been made aware that the policy exists and that the policy is available to tenants in projects selected for rehabilitation. Definition of Displacement For purposes of this policy, displacement is defined for both permanent and temporary displacement. Permanent displacement is defined as a lower income family being forced to move permanently from a project as a direct consequence of rehabilitation. A tenant is "forced to move permanently" if the unit is no longer affordable meaning that the after rehabilitation sum of the utility allowance and the rent payable by the tenant to the owner exceeds the greater of (a) 30 percent of the tenant's income or (b) the percent of income that was paid before rehabilitation towards rent and utilities. Additionally if a unit to be ■— rehabilitated is found to be overcrowded, the family occupying that unit will be considered displaced. Under no circumstances will very low income families be displaced by families who are not very low- income. Temporary displacement is defined as a low income family being forced to move temporarily from the project as a direct consequence of rehabilitation. Tenants will not be considered displaced if they have received a housing voucher, if they were offered a voucher and refused this assistance, or if they have been offered a decent, safe and sanitary unit in the project at an affordable rent. Relocation Assistance Permanent Relocation Assistance -- A tenant who is permanently displaced will first be screened to determine if the family is eligible to receive a housing voucher. When available, housing vouchers will be offered to families who are permanently displaced. In the absence of vouchers or when a tenant is found to be ineligible (if for reasons other than not being low income), the County will provide at least one referral to an available decent, safe and sanitary unit at an affordable rent. If an affordable unit cannot be located, rental assistance for up to 12 months will be provided to make up the difference between the existing rent and the payment standard or the rent for another unit, which ever is less. �-- Moving expenses of up to $200 will also be provided. 17.58 Temporary Relocation Assistance -- Moving expenses of up to $200 and the cost of temporary to -ging, if any, will be provided to tenants temporarily displaced. For both temporary and permanent zelocation, the County will provide at least 30 days advance notice to tenants. Information and Counseling -- The County will provide information and initial counseling to familiarize tenants in projects to be rehabilitated with: a. opportunities to select replacement dwellings from a full range of neighborhoods; b. individual rights under Federal Fair Housing Law, c. how to search for suitable replacement housing. Resources - The County will use housing vouchers allocated through the program as its primary tenant assistance /anti - displacement resource. The County will offer housing vouchers to tenants already residing in the project to be rehabilitated whether they choose to stay or move. Vouchers may also be issued to eligible persons on the Housing Authority's waiting list who agree to occupy the unit after rehabilitation. Owner resources shall be used for relocation payments if housing vouchers are unavailable. Relocation costs will be included in the -' project -based costs financed by the program as long as the maximum subsidy limits are not exceeded. Owners will also be expected to assist the County in identifying suitable vacant units for use as both temporary and permanent relocation resources. Who Will Provide the Assistance? The County will be responsible to perform all tasks related to tenant assistance. These tasks include certifying eligibility of tenants; issuing vouchers; notifying and counseling tenants of their rights and rules of participation; identifying suitable replacement dwellings; and providing financial assistance to displaced tenants. Non - Discrimination Monroe County agrees not to discriminate in providing information, initial counseling, referrals or other relocation services to persons displaced by rental rehabilitation activities. The County also commits that the practices and methods used in administering this program will not result in the displacement of persons because of their particular race, color, national origin, religion, sex, age, or handicap. Further Information Further information may be obtained from the Program Coordinator at 296 - 5621 or at 1400 Kennedy Drive, Key West, Florida. 17.59 MONROE COUNTY RENTAL REHABILITATION PROGRAM PROGRAM DESIGN ELIGIBLE AREAS Properties located in the areas determined by the County will be eligible for participation in the County's program. ELIGIBLE PROPERTIES Rental properties with 1 to 30 dwelling units are eligible for assistance. They must be primarily residential (at least 51 percent of the rentable floor space after rehabilitation), and primarily tenant occupied (the owner can occupy a unit as long as it does not equal more than 50 percent of the total rentable floor space). Tax and utility payments must be current. ELIGIBLE OWNERS Any legally acceptable form of ownership (e.g., partnership, corporation, individual) provided that the applicant has control of the property and the authority to enter into legally binding financial commitments. ELIGIBGE'IMPROVEMENTS Rehabilitation work items are defined according to program priorities established by the Monroe County Rental Rehabilitation Program. A priority system has been established to identify and clarify mandatory work items and other work items which address program goals. The priority system includes the following five improvement categories: Category A: Mandatory work items necessary to bring the property up to Section 8 Housing Quality Standards. Category B: Other code items that threaten the health and safety of residents (e.g., basic structural, mechanical, electrical and plumbing systems). Category C: Those items which are code deficiencies, but are not threating health and safety, or that are incipient violations (major systems in danger of failure, e.g., a hot water heater that is properly vented, but is within a year or two of its life expectancy.) Category D: Items related to conservation of water or energy. Category E: Items deemed eligible by the County: - replacement of worn carpeting; - air conditioning; - interior and exterior painting; - tenant security measures; - others considered on a case by case basis. 17,60 1 FINANCIAL SUBSIDY MECHANISM Approved projects will receive a loan of up to $5,000 per unit or 50 percent of the eligible project costs. The loan will be forgiven at a rate of one -tenth per year for 10 years provided that the owner complies with the following conditions: 1. Upon receiving notice of an upcoming vacancy, the owner notifies the Program Coordinator at the Monroe County Housing Authority that a unit is available, and keeps the unit available at least 10 days for a Section 8 tenant. This condition will be in effect for a five year period following completion of rehabilitation. 2. If Section 8 tenants apply, but are turned down, the owner documents the reason and provides it to the Program Coordinator upon request. If the owner does not comply with these conditions, then the loan will be due and payable in full within 60 days following repayment of the portion of the rehabilitation costs secured through private financing. If no financing was secured, repayment will be due within 60 days of notification by the County of non - compliance. In addition, the following restrictions will apply as required by the federal Department of Housing and Urban Development regulations (24 �-- CFR Part 511), and are included in the mortgage executed by the owner: a. No conversion to condominiums for the 10 year duration of the lien. b. No discrimination against prospective tenants who have children or who are receiving or eligible for Federal, State or local rental assistance for the 10 year duration of the lien. c. The owner must comply with the Program's affirmative marketing policies for vacant units for a period of 7 years from the initial occupancy of the project. If the owner violates any of these restrictions, the entire amount of the loan will be due and payable in full 30 days from the date the owner is notified that the loan must be repaid. However, 10 percent of the loan amount will be forgiven for each full year after completion of the rehabilitation that the owner has been in compliance with these restrictions. 1 PRIORITY FOR PROCESSING Applications will be reviewed on a first come first served basis. The County will consider the following property and owner characteristics in setting priorities for processing. 17.61 Priority Characteristics A. Unit Size: Properties with units having 2 or more bedrooms 2. Occupancy: Low income occupancy units 3. Encumbrances /Liens: No existing debt on property SELECTION CRITERIA In approving applications, the County will evaluate projects based on the following criteria: o Benefit to Low and Moderate Income Tenants - percent of occupied units in which rents are affordable to low and moderate income tenants. o Unit Size - number of units having two or more bedrooms o Benefit to Very Low Income - percent of units occupied by very low income tenants. o Minimizing Displacement - percent of households requiring temporary or permanent displacement. o Leveraging - subsidy as a percentage of total development cost. o Minority /Woman Business - participation by minority or women business enterprises. o Equity - percent owner equity. o Type of Improvements - projects incorporating improvements beyond HQS. PROJECT COSTS AND UNDERWRITING CRITERIA • The maximum subsidy which is available is the lesser of $5,000 per unit or 50 percent of the eligible project costs. Eligible project costs include: o Construction costs, o Required architectural and engineering costs, • o Relocation costs, and o Costs related to private financing such as orginiation fees, credit reports, filing fees, etc., including those associated with refinancing existing indebtness as part of the financing package. Owners must demonstrate that they have equity in the property at least equal to 10 percent of the market value of the property. The projected after - rehabilitation rents must be comparable to the current market rents for other standard units in the same neighborhood, and the net cash flow after expenses adequate to cover existing and projected private debt service and to provide a reasonable return to the owner. • 17.62 ( South Florida • MANAGE " :7 . T Regional • • • • Planning DEC 2 6 90 Council SERVICES December 21, 1990 Mr. George Harper Monroe County Public Service Building Wing II, Room 214, Stock Island Key West, FL 33040 RE: SFRPC #90 -1129 CBDG Funding for Improved Low- income Housing, Monroe County Dear Mr. Harper We have reviewed the above- referenced project summary and have the following comment. • Council staff is supportive of the County's efforts to provide safe and affordable housing to low - income citizens of the Region. This is consistent with the recommendations of the South Florida Low Income Housing Study, completed in April 1988. The goals of this study include reducing the low income housing deficit, improving the existing supply of low income housing, and reducing the demand for low income housing. • The project, as proposed, is consistent with the Regional Plan for South Florida, specifically the following goal and policies. GOAL 19.1 By 1995, meet 15 percent of the 1987 need in this Region for affordable and adequate housing for low income and moderate income homeowners and reduce by 75 percent the number of families residing in substandard housing. Policy 19.1.4 Where economically feasible, renovation and rehabilitation of substandard housing should be used as a method to provide adequate housing within the Region. Policy 19.1.9 Encourage strategies to eliminate sub - standard housing which emphasizes rehabilitation. Thank you for the opportunity to comment. We would appreciate being kept informed on the progress of this project. Please call if you have any questions. Sincerely, • Mary th Corrigan Senior Planner MBC/bh 3440 Hollywood Boulevard, Suite #140, Hollywood, Florida 33021 Broward (305) 961 -2999, Dade (305) 620 -4266, FAX (305) 961 -0322 . ' te 4 r 'i r J t y , ��,. tt J { rt f r 1t ' {. : o i+ t . ,,.; , . 3 n ,; :r t t� . t • ' y ' \ C yh $ f.. :: � / ,, ; 4 th \ I, h , t, a . . 445r.': r ir' 7. t.‘41.• , r , p n t .,l � J n t ' ` yt t l '' 44.4.4';•',`,",'1.' A...,'4.• �r t;� ' t t �,l t I t,. il'';,.t • t f 4 '4'...1,,k,^..,•:- , i. t'r1 jt 4. ,. .∎ -4i. ,�.. F i n .. , . 'tJ . r . ^1: r ` 'i r �! s I`�.Y�4 ..� x•. P : 311 980 _010 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See R evierse) Sent to S o . FL Reg ional _ 5S,,, �1 t0rd }gld z Iyw Blvd. .. 'P'0� aTf �fde Hol yWood1, FL ' s el Certified Fee • Special DeYvery Fee 8F5 1- Restricted Delivery Fee showing ` to whore and Date Delivered , `J 0 a Realm - ; 3 TOT • -1 - I S3, : 0 ark r tta, SP r • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt fee will provide you the name of the person delivered to and the date of delivery. For additional fees the following services are available. Consult postmaster for fees and check boxles) for additional service(s) requested. 1. ❑ Show to whom delivered, date, )nd addressee's address. 2. ❑ es c e 8) livery 3. Article Addressed to: 4. Article Number P 311 980 0 8 0 S. Florida Regional Planning Type of Service: Council a Registered ❑ Insured 3340 Hollywood Blvd, Suitel4 off, rtified ❑ COD �p Hollywood, FL 3 3 0 21 ' xpress Mail ❑ for Merchandise Always obtain signature of addressee or agent and DATE DELIVERED. 5. Signature — Addressee 8. Addressee's Address (ONLY if requested and fee paid) X 6" Signal e — A e nt X 7. to of elive y 2 A 1190 PS Form 3811, Apr. 1989 *U.S.G.P.O. 1989- 238 -8 D OMESTIC RETURN RECEIPT 1 I 1 � Mayor Pro Tem Alison Fahrer ORDINANCE NO.022 - 1986 AN ORDINANCE DECLARING IT TO BE THE POLICY OP MONROE COUNTY TO ELIMINATE DISCRIMINATION IN :+ HOUSING BASED UPON RACE,•COLOR, RELIGION, ANCESTRY, SEX, PLACE OF BIRTH, PHYSICAL HANDICAP OR NATIONAL ORIGIN; PROVIDING DEFINITIONS; SPECIFYING UNLAWFUL PRACTICES; • SPECIFYING EXEMPTIONS; PROVIDING FOR A FAIR HOUSING DIRECTOR; PRESCRIBING DUTIES AND POWERS OF THE FAIR HOUSING DIRECTOR; DESIGNATING THE MONROE COUNTY HOUSING AUTHORITY AS THE FAIR HOUSING BOARD; PROVIDING FOR A FAIR HOUSING BOARD; PRESCRIBING DUTIES AND POWERS OF THE FAIR HOUSING BOARD; PROVIDING PROCEDURES FOR INITIATING AND ACTING UPON COMPLAINTS; PRO- VIDING FOR REVIEW OF THE ACTIONS OR DECISIONS OF THE DIRECTOR; PROVIDING FOR HEARINGS OF THE FAIR HOUSING BOARD; PROVIDING FOR OTHER REMEDIES; PROVIDING THE PROCEDURE FOR FILING REPORTS WITH THE REAL ESTATE COMMISSION OF THE STATE OF FLORIDA; PROVIDING FOR SEVER - ABILITY; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF MONROE COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: Section 1. Declaration of Policy. It is hereby declared to be the policy of Monroe County in the exercise of its police - power for the public safety, public health and general welfare, • to assure equal opportunity to obtain adequate housing by all persons regardless of race, color, religion, ancestry, sex, place • of birth, physical handicap, or national origin, and to that end, to eliminate discrimination in housing. Section 2. Definitions. When used herein: 1. "Board" means the Monroe County Housing Authority • designated as the Fair Housing Board established by this ordinance. 2. "Director" means the Fair Housing Director established by this Ordinance. 3. "Executive Director" means the executive director of the Housing Authority and the Fair Housing Board. 4. "Real Property" includes buildings, structures, lands, tenements, leaseholds, cooperatives and condominiums. • 17.4 5. "Discrimination" means any difference in treatment based on race, color, religion, ancestry, sex, national origin, ° physical handicap or place or birth. 6. "Person" includes one or more individuals, govarnm nts, governmental agencies, governmental. departments, governmental programs, political subdivisions, labor unions, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groups or combinations. 7. "Owner" includes a lessee, sublessee, co- tenant, assignee, managing agent or other person having the right of ownership or possession, or the right to sell, rent or lease any housing accommodation. 8. "Lending Institution or Financial Institution" includes any person, as defined herein, engaged in the business of lending money or guaranteeing loans. 9. "Real Estate Broker" or "Real Estate Salesman" includes any individual, who, for a fee, commission, salary, or for other valuable consideration, who with the intention or expectation of receiving or collecting same, lists, sells, purchases, rents, or leases any housing accommodation, including options thereupon, or who negotiates or attempts to negotiate such activities; or who advertises or holds himself out as engaged in such activities; or who negotiates or attempts to negotiate a loan, secured by a F I mortgage or other encumbrance, upon transfer of any housing accommodations or who is engaged in the business of charging an advance fee or contracting for a collection of a fee in connec- tion with a contract whereby he undertakes to promote the sale, purchase, rental or lease of any housing accommodation through its listing in a F g publication issued primarily for such purpose; or an individual employed by or acting on behalf of any of these. 10. "Housing," "Housing Accommodation" or "Dwelling" means any building, mobile home or trailer, structure or portion thereof which is occupied as, or designed or intended for occupancy as a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, mobile home or trailer, 2 17 .j5 • structure, or portion thereof or any real property, as defined herein, used or intended to be used for any of the purposes set forth in this subsection. .t 11. "Mortgage Broker" means an individual who is engaged in or performs the business or service of a mortgage broker as the same_is defined by Florida Statutes. 12. "Open Market" means the market which is informed of the availability for sale, purchase, rental or lease of any housing accommodation whether informed through a real•estate broker or r mortgage broker, or by advertising by publication, signs or by any other advertising or other methods directed to the public or any portion thereof, indicating that the property is available for sale, purchase, rental or lease. 13. "To Rent" includes to lease, to sublease, to let and to otherwise grant for a consideration the right to occupy premises not owned by the occupant. Section 3. Board of County Commissioners to Administer 'r. Ordinance. The Board of County Commissioners shall be responsible for the administration of this ordinance and for seeing that its provisions are observed and enforced. The Board of County Commissioners is empowered to make all necessary rules to accomplish this responsibility, which rules shall not become effective until approved by the Board of County Commissioners and, by rule, to delegate administrative and investigative authority to the Fair Housing Board. The Board of County Commissioners is directed and authorized to seek substantial equivalency rating and recognition from the United States Depart - i ment of Housing and Urban Development and other necessary Federal agencies for Title VIII of the 1968 Civil Rights Act enforcement within the General Services District. i. Section 4. Cooperation with Federal, State and Local Agencies Administering Fair Housing Laws. The Board of County Commissioners may cooperate with Federal, State and other local agencies charged with the consent of such agencies, utilize the services of such agencies and their employees in carrying out the provisions of this ordinance. In furtherance of such cooperative EeE efforts, the Board of County Commissioners may enter into written 3 17.6 agreements with such Federal, State and Local Agencies to make 1. available such appropriated funds as are necessary to carry out t. the purposes of this ordinance, and all such agreements shah be executed by the Chairman of the Board of County Commissioners and the County Clerk and countersigned by the Executive Director of the Fair Housing Board. Section 5. Unlawful Practices. In connection with any of the transactions set forth in this section which affect any f. housing operation on the open market, or in connection with any public sale, purchase, rental, or lease of any housing accommo- dation, it shall be unlawful within the unincorporated areas of Monroe County for a person, owner, financial institution, real estate broker or real estate salesman, or any representative of the above to: 1. Refuse to sell, purchase, rent or lease, or otherwise deny to or withhold any housing accommodation from a person, or to evict a person because of his race, color, religion, ancestry, sex. place of birth, physical handicap, or national origin; or ^-. To discriminate against a person in the terms, condi- tions or privileges of the sale, purchase, rental or lease of any housing accomodation, or in the furnishing of facilities or services in connection therewith; or 3. To refuse to receive or transmit a bona fide offer to • sell, purchase, rent or lease any housing accommodation from or to a person because of his race, color, religion, ancestry, sex, place of birth, physical handicap or national origin; or 4. To evict or to refuse to negotiate for the sale, purchase, rental or lease of any housing accommodation to a person because of his race, color, religion, ancestry, sex, place of birth, physical handicap or national origin; or 5. To represent to a person that any housing accommoda- tion is not available for inspection, sale, purchase, rental or lease when in fact it is so available, or to refuse to permit a person to inspect any housing accommodation because of his race, color, religion, ancestry, sex, place of birth, handicap or national origin when such dwelling is in fact available to persons who are financially qualified; or 4 17 ::7 6. To make, publish, print, circulate, poet or mail, or cause to be made, published, printed, circulated, posted or mailed, any notice, statement or advertisement, or to announce a K policy, or to sign or to use a form of application for a sale, purchase, rental, lease or financing of any housing accommo- dation, or to make a record of inquiry in connection with the prospective sale, purchase, rental, lease or financing of any housing accommodation, which indicates any discrimination or any intent to discriminate; or 7. To offer, solicit, accept or use a listing of any housing accommodation for sale, purchase, rental or lease knowing r• that a person may be subjected to discrimination in connection with such sale, purchase, rental or lease, or in the furnishing of facilities or services in connection therewith; or 8. To induce or discourage, or to attempt to induce or discourage: a. the sale b. the purchase c. the rental d. the lease, or e. the listing for a., b., or d., above, of any housing • • accommodations in an areas, by means of: (1) causing panic (2) inciting unrest, or (3) creating or playing upon fear, by representing that the presence or anticipated presence in that area of persons of any particular race, color, religion, ancestry, sex, t � place of birth, physical handicap or national origin, will or may result in: (a) the lowering of property values in the area. • (b) the increase in criminal or anti - social behavior in the area; or 5 17.8 (c) a decline in the quality of the schools serving the area. 9. For any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of 'a commercial real estate loans, to deny a loan or other financial assistance to a person applying there for the purpose of purchas- r ing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loans or other financial assistance because of the race, color, religion, ancestry, sex, place of birth, physical handicap, or national origin of such person or of any person associated with him in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given; or 10. To deny any person who is otherwise professionally • qualified by state law access to, or membership or participa- tion in, any multiple listing service, real estate broker's organization, or other service, organization or facility relating to the business of selling or renting dwellings, or to discrimi- nate against him in the terms or conditions of such access, membership, or participation, on account of race, color, reli- gion, ancestry, sex, place of birth, physical handicap, or ;. national origin. Section 6. Fair Housing Director. The office and position of Fair Housing Director is hereby created and established. The director shall be appointed by and serve at the will of the �! Executive Director of the Monroe County Housing Authority. Such director shall be chosen by the Executive Director on the basis of qualifications and experience. The Fair Housing Director shall serve under the supervision of the Executive Director. The Executive Director shall appoint such assistants to the director 17.9 6 • _ C 1 8. To make semi - annual reports to the Board of County Commissioners through the Executive Director, and to the Fair Housing Board, concerning the status of housing discrimination id the County and the enforcement of the provisions of this ordi- nance, and to make recommendations co 'hcerning methods by which to reduce such discrimination. 9. To perform such other administrative duties as may be assigned by the Executive Director. Section 8. The Fair Housing Board. The Monroe County Fair Housing Board is hereby created and established. The Monroe County Housing Authority is hereby designated as the Fair Housing Board and shall consist of five (5) members appointed by the Board of County Commissioners. 1. Qualifications of Members - Members of the board shall be permanent residents and electors of Monroe County. Appoint- ments shall be made on the basis of community representatives, civic pride, integrity, experience and interest in the area of • equal housing opportunities. 2. Term of Office - The terms of office of all members of the board shall be the same as for the Housing Authority as • stipulated in Florida Statutes, Section 421.05. 3. Organization of the Board - The members of the board • shall elect the chairman and such other officers as may be deemed necessary or desirable, who will serve at the will of the board. Three (3) members of the board constitute a quorum to hold a meeting or take any action. The majority vote of those present at a duly constituted meeting shall be sufficient for all 1 actions. Members shall serve without compensation, but shall be entitled to be reimbursed for necessary expenses incurred in the performance of their duties upon approval by the Board of County Commissioners. 4. Meetings of the Board - Meetings of the board shall be • held monthly or more frequently. Notice of the time and place of the meeting shall be given to all board members and all parties scheduled to be heard, and shall be made public. The chairman may call an unscheduled meeting, and meetings may also be called by written notice signed by three (3) members of the board. All 8 ` 17.11 5 jj meetings shall be public. The Executive Director shall provide adequate and competent clerical and administrative and professional support as may reasonably be required by the board for the proper performance of its duties. The Executive Director �: of the Housing Authority shall provide a regular meeting place for the board. 5. Executive Director - The executive director of the Monroe County Housing Authority shall perform as the executive director of the Fair Housing Board and is responsible for providing administrative services and facilities for the Fair Housing Ordinance enforcement utilizing funds g g provided by the Board of County Commissioners. Section 9. Duties and Powers of the Fair Housing Board. The Board shall have the following duties, powers, functions and responsibilities: • 1. To make recommendations to the Fair Housing Director for the enforcement of this ordinance and the carrying out of its purpose. 2. To review the Fair Housing Director's actions and decisions on all complaints of housing discrimination received by • or initiated by him. 3. To conduct public hearings and make determinations concerning the fair housing director's actions and decisions on such complaints upon appeal by either complainant or respondent, at the request of the Fair Housing Director, or when the board deems it desirable, on its own initiative. 4. In carrying out the functions of subsections 9 (2) and (3), above, the board shall have the power to uphold, rescind, reverse, or modify the actions, decisions, and recommendations of the Fair Housing Director. 5. To administer oaths and compel the attendance of witnesses, and the production of evidence before it, by subpoenas issued by the chairman of the board. • 6. To review and comment on the Fair Housing Director's semi- annual report, forwarding such comment to the Board of County Commissioners through the Executive Director. FF 17 .12 9 i 7. In coordination with the Fair Housing Director, to take ' kj other informational, educational or persuasive actions to . implement the purposes of this ordinance. Section 10. Procedure. 1. Any person aggrieved by an enlawful practice prohibited by this ordinance must file a written complaint with the Fair Housing Director or his designated representative within forty- �. five (45) days after the alleged unlawful practice occurs. 2. Upon receipt of a complaint, the director shall serve upon the individual charged with a violation (hereinafter referred to as the respondent), the complaint and a written resume setting forth the rights of the parties including, but not limited to, the right of the respondent to a hearing on the • matter before adjudication by the Fair Housing Board. Such service may be by personal service or by certified mail. 3. The director shall immediately investigate the complaint. Within sixty (60) days from the date of the receipt of the complaint, the director shall file a written report with the board, with findings of fact. 4. Copies of the director's report shall also be sent to the complainant and the respondent. Either may, within ten (10) days after such service, request a hearing before the board. 5. When the director, the complainant, or the respondent request a hearing by the board, or when the board itself determines that a hearing is desirable, the board shall call and conduct a such hearing in accordance with Section 11 below. 6. Where no board hearing is requested or directed, the board will expeditiously review the report of the director, and shall approve, rescind, reverse or modify the director's findings and determinations of action. � I 7. The director shall carry into execution the actions specified in his report, as approved or altered by the board in its review, or, if a hearing is held, shall carry into execution the actions determined upon by the board in the hearing. 8. The director in his report, as reviewed by the board, or the board in its review or its hearing may determine: 17.113 10 e r a. that the complaint lacks grounds upon which to base action for violation of this ordinance, or b. that the complaint has been adequately dealt with by conciliation of the parties, or c. that the complaint can.be dealt with by adjudica- tive orders issued by the director, or d. that the case warrants filing charges against the offending party in the appropriate court. In some cases, both conciliation and adjudicative orders, and initiation by court action may be indicated. 9. If the director, after review or hearing by the board, issues an adjudicative order to correct, adjust, conciliate, prevent or prohibit any unlawful prohibited by this article, and the respondent refuses or fails to comply with or obey such • adjudication, the director shall forthwith request that the state attorney filed a complaint in the appropriate court. 10. The provisions of Rule 1.090, Florida Rules of Civil Procedures, shall govern the computation of any period of time prescribed by this ordinance. 11. All papers or pleadings required by this article to be • served may be served by certified mail or in accordance with the provisions of Rule 1.080(b), Florida Rules of Civil Procedure. Section 11. Hearings Before the Fair Housing Board. `• • 1. When a hearing is required before the Fair Housing Board, as specified in subsection 10(5), above, the board shall schedule the hearing and serve upon all interested parties a notice of time and place of the hearing. The hearing shall be held promptly, but not less than fifteen (15) days after the service of such notice and of the director's written report r` (subsection 10(4), above). 2. The parties, or their authorized council, may file such statements with the board, prior to the hearing date, as they deem necessary in support of their positions. The parties may appear before the board in person or by duly constituted repre- sentatives and may have the assistance of attorneys. The parties may present testimony and evidence, and the right to cross - j s examine witnesses shall be preserved. All testimony shall be 11 17:14 1 given under oath or by affirmation. The board shall not be bound F by strict rules of evidence pertaining to courts of law or equity, but due process shall be observed. The board shall keep A a a full record of the hearing, which record shall be public and L a open to inspection by any person,• and upon request by any principal party to the proceedings, the director shall furnish such party a copy of the hearing record at cost. The constitu- tional rights of the respondent not to incriminate himself shall be scrupulously observed. - 3. The board shall make a finding of fact and a determi- nation of action to be taken (subsection 10(8), above). 4. The board may issue subpoenas to compel access to or the 1 production or appearance of premises, records, documents, individuals and other evidence or possible sources of evidence relative to the complaint at issue. 5. Upon written application to the board, the respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the board, to the same extent and subject to the same limitations as subpoenas issued by the commission itself. Subpoenas issued at the request of the 1 respondent shall show on their face the name and address of such respondent and shall state that they were issued at his request. 6. Witnesses summoned by subpoena of the board shall be • entitled to the same witness and mileage fees as are witnesses in proceedings in the State Courts of Florida. Fees payable to a i witness summoned by a subpoena issued at the request of the • respondent shall be paid by him, unless he is indigent, in which case the County shall bear the cost of said fees. s 7. Within ten (10) days after service of a subpoena upon any person, such person may petition the board to revoke or t modify the subpoena. The board shall grant the petition if it I i finds that the subpoena requires appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not described with sufficient particularity the evidence to be produced, that compliance would be unduly onerous, or for other good reason. 1 12 1715 �5 1 i 1 • • 8. In case of refusal to obey a subpoena, the board, or the ;, person at whose request it was issued, may petition for its enforcement in the appropriate court. Section 12. Other Remedies. Nothing herein shall prevent any person from exercising any right or seeking any remedy to • which he might otherwise be entitled, or from filing any complaint with any other agency or any other court having proper • jurisdiction. Section 13. Report to Real Estate Commission. If a real estate broker, a real estate salesman, or an employee thereof has been found to have committed an unlawful practice in violation of • this ordinance, or has failed to comply with an order issued by the director, the director shall, in addition to the other procedures and penalties set forth herein, report the facts to the Real Estate Commission_of the State of Florida. Section 14. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 15. The provisions of this ordinance shall be included and incorporated into the Code of Ordinances of Monroe County, Florida, as an addition or amendment thereto, and shall • be appropriately renumbered to conform to the uniform numbering - system of the Code. Section 16. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of any such conflict. • Section 17. This Ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. • 13 17.16 • • • PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 25th day of July , A.D. 1986. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AY: MAYOR /CHAIRMAN • (SEAL) • At e s t : DANNY KOLHAG Clerk 4. I '1� ' /�C' • E" • • • • • i [ II 1 e AP OVED AS TO PO . • q GALsurF!arJ / Attorney's O11ica 14 17,17 1 lC., CDBG - -17 II -C Monroe County incorporated a very comprehensive discrimination referral mechanism in its Fair Housing Ordinance. Sections 10 -13 of the Ordinance (Ord. pp10 -13, application pp.17.13 -15) describe in detail the procedure for handling housing discrimination com- plaints. To summarize, the discrimination victim files a written complaint to the Fair Housing Director within 45 days after the incident. The director then serves notice of the complaint to the individual charged with the violation. Within GO days, the director files a written report to the Fair Housing .Board. Co complainant p g Copies are also sent to the com lainant and res on- dant, who may request a hearing before the board within 10 days. When no hearing is deemed necessary, the board will act on the dir- ector's report, and the director shall execute the actions recom- mended in the report, including any and all changes made by the board. When a hearing is required before the Fair housing Board, the parties involved are given at least 15 days notice, at which time they or their authorized council may presentany and all documents and wit- nesses before the board. After reviewing the evidence from the director's report and /or the hearing, the board shall determine the action to be taken, and may determine: a) that the complaint lacks grounds upon which to base action for violation of the Fair Housing Ordinance, or b) that the complaint has been adequately dealt with by concil- iation of the parties, or 17.2E CDBG - -17 11 -C Page 2 c) that the complaint can be dealt with by ad,jucative orders is- sued by the director, or d) that the case warrants filing charges against the offending party in the appropriate court. If the respondent refuses or fails to comply with an adjudicative order issued by the board, the director will request that the state attorney file a complaint in the appropriate court. E i E 17.27 N• f LEDERAI RENTAL RL ILiTATION PROGRAM REQUIREMENTS ; NON- RECURRING CONSTRUCTION PHASE BUDGET (GRANTEE) J`.`'.. I .:.**.(This federal program does not ha any preliminary administrative funds allocated to the grant /loan construction phase. The federal government :`' requires these functions to be funded by the local government. Only � preliminary monies involved are minimum funds to the Public Housing E l M.,•.. z Authorities to process and maintain qualified applicants to receive housing.rental vouchers upon comple ion of the construction phase.) .t e- ... • +t 12 MOl(Th r PROGRAM COSTS (JRA TEE) r' • STAFFING COSTS '��' 1.. Rental Rehabilitation Program Coordinator (FULL TiME) 122,500 . - Annual Costs: Salary 118,000 _. Misfits 252 .4,500 -' -4 , r. It.. ,. ,_„• ,. . . . • Minimum Requirements: College Degree, 2 yrs. management ". • -- • • experience, 1 year construction management experience, 4, • 1 year construction finance experience, bondable, 1 year general administrative experience. Brie Position Outline: Determine/select eligible neighbor- , . , develop p rd.- financing mechanism, manimum subsidy amount, min mum rehab standards eligibility criteria for - s goners &buildings, develop administrative processing pro- '- : , adores develop B revise appropiate forms /documents for ' , • processing r Monro elements program, �l ti s _ develop f h: a A systew, develop Tenant Atslstance Pelicy • Affirmative L _ .i,''� I: Actien develop ai4 lmpleaet emrketing strstegy f' it } meeting with owners, investors, contractors 11 lenders) F $ . .. . - Z .s , ��, f � - �roc �es `constrocttor�'leem phase, � A'". "" 2: Coiatrsetion Technical Supervisor (PART TUIE)(Contrsct) $23,400 , ( Y a ; 1 Costs: (752 time allocation - 1560 hrs. x • $15) ' .r s, math .Rtailrements: Ten ( 10) construction - ' ` it* clerk of the works F •' n, :. moment as a general c ontractor, � ; eowstroctloa management swpermisor. Mat demonstrate , r cls , inowled in cost estimating, wort progress .p 4 f . , � : schdel la g;: federal labor laws; and castration contrscts - t ' xA ; , & o i i led j e • of local bu .codes, trades and so:ppliers. ;,f ,.. , ,, p� itton line:: Physical review each ppootential � 4 g6 ° 3 �' a1- sebatted by amens Determine a list "' . .4.1 : 4 '.' f �Ntitinwded to be corrected to Ws llousi i , ',. 4 ',Qr.11 Standards. Review owner's cost ''st/rtA to F ' ps .correcctdeficteuctes.. Determine acceptability of cost 4 h ti�tor PKt watt. p 'an a coo qwt t q► and, con' tip trectN *lrements.. lnitia r t request inspections. ►• e t : , COordiaate whore necessary with Building inspectors. , 1. ,,n,;' bid and pre- anstrwctton meetipp. Enforce 0oirts- Sacon,act where applicable. • • ';14.4,„,k , ', "tk''D' rlal Support (PART TIME) , , , .. 17, ,.,,„r, . Masai Celts: 50>i time allocation-1020 Ary. x 16.00) ; • • . kr 11t` . , 252 E ployee Benefits. _ b • ∎4,, ,t 4 i t . • Typing s0 wpm speed writing or : .7,- . 1E s c- : yrs. administrative experience. i , cum fasiltarity with construction contract dements. 1 . ri : 1 ?B s r Position Outline: Office sort for Rental Rehab • ' • ,rrogram Coordinator, Construction technice1 Supervisor a • � ; Special.Programs Director. maintain files. reports, • ..: mailings, and requirement program documentation. _ 4. Special Programs Director (PART TIME)(Contract) . 19,E • '• Aarwal Costs: 600 hrs. -12 hrs. x 50 wks. x 115 - e•-4-.11 � 14 Re College Degree. 5 years experience programs. 5 years construction management experience, 5 years,intergovernmental experience. 5 yrs. • administrative experience. Demonstrated ability in t 1 1 • � a '�` .J 1 .; ' Pape Two ' 1, i I ' i • • A } .4 1. Brief Position Out11n t Coordinate Rental Rehab Staff, • } • ss oners, roe County Co�nalssloners, KIIHA ' . Commissioners, Ad Hoc Housing Committees, civic groups. � t '' . i, Directly responsible' to U.S: Department of Housing 1 Urban . • Development (HUD), Jaeksonvlll.•weshlnpton for program , rac,utredents, documentation, and p ress schedule. pport Rental Rehab blemm�tn r in loan closings, swrketinp� •• P possible for the authorization R 4 of Program Fund dlrbursemenb. 6... Accounting/Computer i • P ram Services Support (PART TIME) $6,250 ,. • Annual Costs: 125 unit construction a plicattons f $25 • , {t, 125 tenant application 50059's 2 $26 • �s•+s1�ex.•. Minimum Requirements: Coputer. ppro�greq, for HUD Sb05q's ' , program general" ledger, Tenant History Ft)e, and Rent rv^ i Calculation Program. . ' 7. Office Rental (Field Office-Marathon-one year) $1,200 • Annual Costs: $100 per month x 12 • I. Travel Cost Allowance ' s �` ` ' Annual Cost: Key Nest - Marathon Round trip 100 miles �' •(3 trlpt AM per week x 60 weeks x $.20 per. male: 3,120) Coordinator/Director Construction per mo• x Inspection Trips Allowance : $150 . • lmos.: $1,000. '¢ Trina/Meetings with U.S. HUD (Two trips-Jacksee $tile field Office $400 a. , .c. `, ` (One trip •MasAt ton D.C. ) � �;�. .4 . . C. Central Office .= k Co` ti� O: Sundry ,, b $3,05 " Mmua Cott: Insuranq••.,•••∎ ;, " 5,- ": Posb 250 .vc Pr1nt! pu 1:cation» 500 ' `• '' Legal Adwrcttemsnts--- , , y • " Office 1 iq•..••••• • k , , f .! f,l 10. Federal Program Regvtre.0 t Doaa entattou Development $10,000 • ,, ,. .-i: Grantee Documentation oopp meesnn 4 sY .G ` • 4 +, - , Cask t System Envirunasntai ,• Anneal • S f Y,F 1=4,u'',, • .• f Coatr1but ou Contract revised Noosing Assistant.• Plan• , ` ,. `' ,, -1 t s � ; u; Trslatng•ef.Rsntal Raab Staff. • Moist Fair Market Rent Y ' E - , li,' ° increose°Appttation. (4 weeks) '.� V •^ i }' • ' One Tice Grantee P • #.ham ' Program Start- up'Costs: Ma= \ Y ti , ma y , 1 � +, � '{' t i s Vf." r r • • • • y • • .. c . • • , .:`l • ( �is �. , f • i t)....:-.1:1 I !' PR' OPOSED r' 1 NON- RECURRING CONSTRUCTION PHASE BUDGET INCOME i • .!' MOINIOE COUNTY RENTAL REHABILITATION PROGRAM REQUIREMENTS i v+ rR. . . r • t. r'st ?POP OED FUNDING t - ; ,s:' • l **it 1. Monrot County Housing Corporation grant • $25,000 i ` to Monroe County (lousing Authority n.: `' , }i. ' I. U.S. Deportment of musing A Urban Development $3,000 ,, (quo) program Training fund Allowance x -0, 3. U.S. Department of Housing a Urban Development :22,500 ' ,' (*10) preliminary funding for easing of qualifications for °�°'' tenant r issuance ! ((in vouchers a $1$0) 1sswd to PHA/agent. •. 1. me Owner llcation Processing Fee 16.250 . , ` ( NEEDS NUO'a APPROVAL TO IMPLEMENT) 126 units n u0? • S. Projected lwse -mp adm expense fees . 15,000 r . 4 M : during u construction -asstA construction phase. U.S. HUD $ ::� (10 u 1ts .. .. (1 Urn 1 income funds) Subtotal: =61,750 y M ��olatrMttion • fA1l1t • 1t:. • ExaM!! Income • (lB9,to0) (.) • ` it+.q PIl00 swamis Howl • r ` , , ( Gwrt,1►) Expaiao: (�27 ( -) .4 r ' >: i.. 'Name Ma Goat/ (ant -tiu1) program start -op costs: • , .. • r ' • . .N , '1'1 • ' • - , ke y . v �}} ..• I Y: J� � t � _ t r, v `. » • L','?,-:, • ' . h� : l i' PC-. • �, •4 }t ' •, t "t^•�•• t • • • - f �Le _ lY '� ' _. Y _ • • f i' 1 • • • 4 4 Y t , k �' • 1 C 1 - ' • . , 'S; � x � 1 E 1 1 . t I i s , ` ••'�Y i r 444 .4 4'• t AMENDMENT NUMB s 1 .. " AMENDMENT TO THE MANAGEMENT AGREEMENT " . , i ' BETWEEH THE COUNTY OF MONROE .r • r c A ND wo y• MONROE COUNTY HOUSING AUTHORITY �,;;, The Agreement entered into on April 17, 1985 between the • M. County of Monroe ("Grantee") on May M7, County amwnded ° t Authority (*Agent') follows. Amend Section IV. ExpensesI Delete the last sentence of this; .. • section, • The County is responsible for all expenses incurred by ,, the Agent pursuant to Section VI of this contract.• t : t , x`'11[•. x.! .. . • Amend Section VI. COMPENSATION OF AGENTS tt`{`{ Delete Paragraph A and B entirely and in lieu thereof insert the ► followings i ' CO�IPE$SATION TO A •S D. i M ' r 1• r.. d r _ _� .. - The total cost of administering the Mental ? Program will be borne by Program administration fees as - - ti provided by the Department of Housing and Urban Development. All fees received by the Grantee for this � will' b.- paid to the Agent in consideration for the sere pnrp ees provided. ",+ x �, the Agent for the Grantee in accordance with Section B, .M items 9 - 22, of The memorandum of Understanding. No Rental ., Rehabilitation Grant amounts will be used to cover the s. . administrative expenses of the Rental Rehabilitation Program. •, .4' i :.,. . • t• � • ,+' • • ... - �1 r I � 't 4T v h a,F . , a 11 .. w ,� . ,i .r 0�. 1 •'1 i1M ,. y • r { r� x : i•' 1 `• ^. ;� w ' ''' �• • -,. . ∎ r4 . �r � Y 1 tRx � ♦ til Y - 0 • * . . -• + } '°' • ti Z . r . ' � . j f i y ' ! � . 4 Y? o : t c , E � , FStw f ,Ip'. 4 i a' it 4 .... • �ti.. t o . `'• t•••• • r , Z « , • 1 / �h 5 1 es xd h f 3` e ` # 4 t . C. y vv , , 4,2 T' ? i f, it�5 V k , ! y .,. i . t . _ • s r r --. E . i f • 1 P F A • .i R R s ? e t' r`1 i • - Al) provtmiono not in conflict with this Amendment are, - still in effect end are to be performed as specified in then :�. Agreement. 1 . This Amendment i s hereby made a part of the Agreement: y ' - IN WITNESS WNEREOT, the parties have caused thins. 4' = s Amendment to be duly executed by their authorized officialas. j, thereunto. MONROE COUNTY HOUSING MONROE COUNTY (Grantee) .easri'm. _ Mil '. AUTHORITY • ri BY: ! 1' • '-..7.tr.�0 1 :r . ipp (Signature) .w TITLE, it ' n TITLE: Mayor --- -mar-. 1 DA?!t DATE: AT?l3Tt ATTEST: .. 4,`, CORPORA?! SEAL CORPORATE SEAL �, Y '- I. . rY . X' 't. r` gg .%Y•t.: U S 1 I t t ' ..0 . , ,ir, , _ . ' V- -Jr-- �� . . ., w �'•[" .. /�'f4,}.'1llT..^ f.... 04— 1.0004.0........ y at''r . 4,,l' etw 1':("'11446. a=1 ...:47:07 ♦ t t 1.'''' q s a -1 •,''':•• �y - S t y, t rs - •r y 3.. ,,,,-.s,..,,- � .. '.� „,t `s� �. Mme,, f i,� .,- L /: • r rs ' • , k i t . f • I a , cr u ` :e; f° • MANAGE AGREEMENT _ .._ FOR THE 14,440 i �� * Y �" i RENTAL REHABILITATION PROGRAM '" , UETWEEtl - it • . THE COUNTY OF MONROE.' STATE OF FLORIDA ;' ..• j' AND . . „•;; THE MONROE COUNTY HOUSING AUTHORITY s.... w• lilleillb • M . ,� Thi• Management Agreement (herein referr "d to as the " Agreement ") , • . ___ is dated as of April 17. 1983. between The County of Monroe. State of • Florida. (herein referred to as "County "). a body pclitic having its "' i r. principal office 310 Fleming Street. Key West. Florida. 33040. and Monroe County Housing Authority. (herein referred to as "Agent "). a body politic organized under the U.S. Housing Act of 1937. as amended. and having its principal office in Marathon. Florida. referred to Collectively as the "Parties ". In consideration of the mutual covenants set forth below. Agent b {t and County hereby agree as follows: • IKCTION I. APPOINTMENT OF AGENT. . • • To the end of providing affordable. decent. sa and san erg housing. the County hereby appoints the Agent to provide professional " "P * planning. management and administrative services for and within the "' Count, pursuant to the provisions of the Department of Housing and • • 4 Urban Development thereinafter. "HUD ") Rental Rehabilitation Program. . 114,0, "Interim Rule ". 24 CFR. Part 511. published in Federal Register 49• ,,; ; Weber 7$ dated April 20. 1984 (hereinafter the "Program "). The ;;' =, t-,%. w County hereby authorizes the Agent to subcontract for professional- '1`" amd technical services according to the terms and provisions of thi ' 'Agreement. Said Subcontract shall be reviewed and approved- by the `+, 44 . ' To ' ~ Comity Attorney. , 44' ■ t '; 4 StCTION 11. DUTIE8 t1F AGENT. " 'S` (1) To perform the duties of the County. as Grantee. as a • owumerated in "Section 8. Item numbers 9 — 22" of the Memorandum of Understanding. 4-•i ?1 (R) To issue rent supplement certificates or vouchers from , HUD to eligible low and moderate income citizens of The County to. {,f . • -I Compliment the Prograsi• and to provide such certificate , and vouchers =, ' . In support of the Program 'n accordance with the Memorandum of ,,�• Understanding and applicable requirements imposed by H UD. i;Y .. '• � (31 To hire. discharge and supervise all labor and employees 'sI •.' required for the management and administration of the Rental • Rehabilitation Program. ' (4) Te comply with policies. procedures and al) other require — r - meets applicwble to :he progr and as specified i HUD's Pro s �.,. ?J. Grant Agreement together with HUD's Housing Assistance Payments L i j ( f ;N ~ Contract. (ACC). �'.«, } • - ^� . � , -�` r.lrr tip • •• � ? ti} • • ,. b ,. ` 1 ' +,.•'k Are • .. •• E t { f f ( 'I x I 1 `/ ..! ^._- • rev S4.[ , ram In full comp WitA the. require �• • ■. • (�) To Manage the Program '..!..../. ,;�. applicable laws. vents of all wPP ,. 'y b 'j: » , �' (6) To Lake such actions as may be necessary to comply promptly ' �.�- and o il government.al orders or other requirements affecting - ?.. X .. w / ♦A r oY the Program. wAethar imposed by (odor(!. state. county or loco) -v.. authority. Neverthdless. Agent shall take no such action as ,long as 4 1 '?, r tAe County !' contesting. requireMOn t. s Agent shall t notify n the n County n in st N, any such order J { writing of all notices of such orders or other requirements immedi - 'r: ;.3 ably upon their receipt. t* ~ ti '. _ SECTION II1. AGENT'S ANNUAL OPERATING BUDGETS. _ The Agent will prepare an annual operati budget for the Program. lr .a. r ng SECTION IV. EXPENSES. From the total administrative fees of the Program and pursuant to the terms of this Agrtemont. Agent shall gag for: 'advertising. salaries of all persons employed (including but not limited to mama- -, x ger. assistants. clerks and social workers) and sundries required for• t adainistratlon of the Program. ..The County is responsible for all ` • aspens*, incurred by the Agent pursuant to Section VI of this 1 • tuntracti : SECTION V. ACCOUNTING AND ACCOUNTS. Accounting functions will be performed bV Agent as follows: „. , A. Accounting Stateme Agent shall maintain books of ac- t• count of all hchprecordsdshallsb eeopenitovinspiCtion•byathe *County # ..r . t± w the Program. which • , "` during normal business hours. ` S.' Bank Accounts. The County will ,elect • Finahc /al Instt • •' tution to participate in HUD's system for disbursing funds. The:,\ )4. Co ity thato d account to•make pay�eentsito the contractors4'', thor to r ' '' t authority Completed rehabilitation work. The County shall issue payments '' upon notification by the Mena of fundingoavailability en r �“ ., frOm %h* Agent of HUD's paynt iiA as requlr*d by HUD regulations. `' "'G \ -:; .' SECTION VI. COMPENSATION OF AGENT. • � ; A. Th* total cost• in actordenc• with 8*ttle III hereof• for • t } administering the Program will be borne by the Section 9 Housing Y ' :Assistance Paym*�'s Program. the Monroe County Housing Authority. v . ' ` '" Program adwit►tbtrative fees and the County. In consideration of thi T 141 sarviC*s provided by the Agent for th* County in accordance with 1 : 0 of the Memorandum of Understanding. the Agent will WI s .. ° - . j*msatad in full by the County in the amount of 1120.000 payabl* •,i ,,,1. Y • .tw.Tinstailm*nts. The first installment of •14.000 will be ' 1 , • V J ' ` ✓ ' A : •. , ,�T •• , '�� [[ °(( �� ♦ r • Or ,-,%.-.,•:.....i, .1O.S'L� r �t ` . , , J t .) R Yv >A' w '' tr i�tl „ ,s , t V� • d✓ t t C *t , y i ,. j Y p s : +. + � ` t kr Y. 4 . G�}.i :•` .t ; vw x ��„. , , ," . a 1^ 4 �` ., , f ^1 . .� , J . fit .4Y ..9,'4';'1';', 4l. _ -' y T JS. s,�„yY • t t l'' ' ' : ': • �1 . P it " • t . y .4.- F' Ya M. 7 k •h r 4'. � 4 :. I ! f ;. ts;! M • '!.1 1 ` �� , 1 , ✓ii• i . • s r 'yyZ. ;� r i t . , I , [ c , • & 4' s q/,, i'-'&1•'.+?' r + i r y 4 .t 4 - 4 s P • . • , 4 , r , t ., • T'' ` ' .. .. tE . F f C r , , s i • . • ,allable upol. e•rlcution of the Memorandum of Underst and the bal- r anti payable upon approval of the 1485 -0:+ County General Operating { «t .. .• Budget. It at the duration of the Program. the County desires to �3x� request of HUD an extension of the cunstruction phase of the Program, -�j tksn the Cnur.ty thole notify the n;o••t roquesting an amendment to this • •.• ..-. Agreement in •ccor.lance with Paragraph "U" of this Section. ' , rib , • B. Agent shall be separately compensated for additional • or special services required by the County and not specifically included a, in this Agreement. Tho amount of such compensation and service shat: !'R 47"4,1P-4111414 *, be agreed on by the County and Agent •ind stipulated by an amendment i .a # pursuant to Section X11 of this Agreement. or.- ..••sy . 3 3 1J1 l3.1 SECTION VII. INSURANCE. ' ,4. ;+.:.,:. -.•' • .>� The Agent shall be responsible for maintaining workman's compen - '!"" " . • sation insurance and fidelity bonds covering its personnel who are ,. engaged in the operation of the Program. Upon execution of this Agreement the Agent shall give th• County evidence of insurance -,•• coverage for bodily injury. property damage. p•rsonal•injury and public liability in amounts not loss than the following: , . Public liability insurance in the amount of Three - Hundred Thousand Dollars 01300.000.00) for any single occurence of bodily injury or property damage; f'id.lity bond in the principal sum of Fifty Thousand Dollars 0150.000.00)1 and any insurance required during . ' “...- . "' the construction phase of the program. " At all times during the term of this Agreement. all approp , Y coverage r• - e;,.; rlatel endorsed insurance carried by the A ent in rela- �._•r -. g Y g . ' C.:•' ;. !ton to the operation of the Program shall be extended and kept 44 t' '' ' .,. - .current at the expense of'the Agent. -- X • 'Y'P'. •SECTION VIII. RESPONSIBILITIES AS TO RECORDS AND REPORTS. •.z 4 ,t. Agent shall be responsibl• for records and reports as follows: . • A. Agent shall establish and maintain • system of records. ,JAY, books and accounts in • manner approved by HUD. All records. books =,r and.accounts will be subject to examination during regular business { •;} hours by any authorized representative of the County. ,.- '�,. ' V. Th Agent will c omply with HUD's requirem•ni.to retain all !� records fpr a minimum of three (31 years in accordance with 24 ^.FR. z . . Part 311. 0 Register. VOlume'49). ”' ' • " • • •'•+ • , '. • • • •• > f t SECTION IX. INDEMNIFICATION OF AGENT. . A t .' Esc.p with respect to negligent acts or *omissions of Ag ent or -. employes of Agent. or through the willful misconduct of Agent. the. , ' *'. 'w County shall indimnify Agent against all liability of any nature . - cr'r whatsoever. including but not limited to all costs. expenses. attor • , 0. r to � � - x.../ • a ".' iti ; 'rt.:.rtr- ... — Y . '..'"'4« . .. .. • k , .. +t • v � t - 2 , .. f .. yr . 4 t ` ' N , _ - .., 'l� wet 47 '� . a � , y s . � # . ry ^ 84•„,e.": xNffrl ',i� x• : r r. j : - r y . :(- tie is is 4Y9 .. W a`• • f e ll ti Fr. +' ' ..1:, , s - V • ' y qy, ' a r ti, 1.:•*r, J • ` ry 4;,'.7",'".1.. r, '- iya . L -• a - �� ' s -, .:-... .. . i s ..V.;:0 - Y t j eS 'f. - - - o t r . . .. 1 • . • • •• fees. __.�s and damages resulting directly fru.� the performance 1 ,{�,,' ,,,: .f tasks in "Section 0. Item numbers 9 - .T" of the Memorandum of #,r 1. ' 4 . - ; ... understanding. * •`''' • CCC T W Uri Y. TER: i. ,5,,F h..': k The term of this Agreement shall continue for the duration of `"`.' e yg this Program but may be terminated by either party upon 60 days"` i written notification by certified mail. This Agreement shall commer '- .,. j concurrent with the effective date of the Memorandum of Understanding. ;. ' y , ' SECTION XI. NOTICES. . r i Any notice required by this Agreement shntl be hand- delivered or sent by certified mail. addressed to the Mayor of Monroe County and County Manager at 310 Fleming Street. Key Nest. Florida. 33040 or to • the Executive Director. Monroe County Housing Authority. 1400 Kennedy �,. :; .• Drive. Key Nest. Florida. 33040. • • :. SECTION XI I. ENTIRETY: ALTERATION. BINDING EFFECT. •, • This contract is entire. The parties may not alter. amend. er , ' p, modif Lt except by an instrument in writing executed by both. This :"' - Agreement 'Lbcludes all representations of every bind and nature made c b either party to the other and shall be binding on the successors 4` and assigns of the parties.. C E CTION XIII. ATTORNEY'S FES. . -. - In the event of any suits. controversy. claim or dispute between' -•- ;r,: the County and Agent. arising out of or relating to Performanc• er),.. breach of this Agreement. the prevailing Farty'shellbe entitied'te• �,1 recover reasonable expenses. attorney's fees and' costs: '4.1`,-• .•• • ", . f • • • 7 p y -. 4' 4'9 f t - :14 p . • ,.• ',•...• • .• •'•... ' _,l ..1•.• + .•• : •r•.. ' a • { , V. , . w, ,,,. y�.."'� "ES1alili•7a.e - Nor :•. e Were- - ... t i -S • M > tjX1e -tc , uv im 1 .,5 l` n Y x ' l 7 y . �t v .y • . ;, ' k4 ♦ . '' h CO s ` ' . ' L;, : +x. YY ,f, . n•?c . • ,•; s. yL tx -.t; 1 t r 14V x `.. , ] , , t ..- .1 ` ," . . t �1,• • _ .a, - ' -"`,f k `'' . 3,/2..1. 2 'F /e i ` '' •∎: t t •e r. ' 'Y k i' i .r , ' •i�'' '• i' t' • V y , rs o ` rt rO 4,, .,••� l . Y ' 3 e•'a 3 ` y Y. .ST ".Y r i K < 1.•4M t R V. 77�. 5 •M h. ' r I' •" , -. .1: 1 1 ( FEDERAL RENTAL REHABILITATION PROGRAM REQUIREMENTS __ 'r P• NON - RECURRING -- SUCTION PHASE BUDGET (GRANTEE) V :•�••(This federal program does not have any preliminary administrative funds :: allocated to the grant /loan construction phase. The federal government requites these functions to be funded by the local government. Only preliminary monies involved are minimum funds to the Public Blousing Authorities to process and maintain qualified applicants to receive housing.rental vouchers upon compie ion of the construction phase.) — x• ;gi ` 12 -MONTH CONSTRUCTION PROGRAM COSTS (G TEE) • A u . ! + T STAFFING 1 COSTS sy+ 1 . R ental Rehabilitation Program Coordinator (FULL TIME) 122.500 Program : .r Annual Costs: Salary $18,000 L I 251 Benefits , 4,500 • Minimum Requirements: College Degree. 2 yrs. management • . experience, 1 year construction management experience, '_ ;-:_ 1 year construction finance experience, bondable. 1 year . .• general administrative experience. 'At ` Brief Position Outline: Determine /select eligible neighbor- . Roods, develop program - financing mechanism, manimum subsidy WI , . amount, minimum rehab standards, eligibility criteria for rn • owners •.buildings, develop administrative processing pro Tli cedures develop • revise approplate forms /documents for processing for Monroe County program. develop reporting • requirements 1 other elements of management information system. develop Tenant Assistance Policy 6 Affirmative Action Plan, develop and implement marketing strategy (meeting with owners, investors. contractors & lenders) ,- Process construction/loan phase. . e 2. Construction Technical Supervisor (PART TiME)(Contract) • $23,400 i Annual Costs: (751 time allocation -1560 hrs. x $15) l+ 3, Minton Requirements: Ten (10) years construction > ' experience.as a general contractor, clerk of the works ..or construction management supervisor. Must demonstrate 'r . . precise knowledge to cost estimating, work progress a -, '.� scheduling, federal labor laws, and construction contracts. 1, n owge of building coes. trades an ars. Knowledge local buildid tradd supplt iG ` �n ' ,} ,Y , ,Brief Position Outline: Physical review each potential j n physical property submitted by oMlers. Otermine a lis% et w ' deficiencies needed to be corrected to iR10's Housing q4 '" `; t ,_` Quality Standards. Review owner's cost estimate to . • correctt deficiencies. Determine acceptability of cost 5 . �y* ' estimate. Inspect work.progress as to quality and con- n 0 '.. i ‘ Coordinate when necessary with County Building Inspectors. - 1 , Attend pre- bid and pre- construction meetings. Enforce .1t '` >a . Davis -Bacon act where applicable. e zr 3. Secretarial Support ,(PART TIME) $7,650 fix° Anne l Costs: 501 time allocation -1020 hrs. x 16.00) i 'w 251 Employee Benefits'. t- < i �z, c Miniaalm R Irements: Typing 60 wpm speed writing or • 1 , s yrs. administrat experience. �, , `„ Familiarity with construction contract documents. " , ;. • art Brief Position Outline: Office support for Rental Rehab • s } ' r ;,� Prograo Coordinator, Construction Technical Supervisor 6 'Pik, '* _ * ';3pecial Programs Director. f latntain files. reports, • j .f,': .--mailings, and requirement program documentation. ! , 4. Special Programs Director (PART TIME)(Contract ) 19,000 . 1 �, I ` l ` ... : Annual Costs: 600 hrs. -12 hrs. x 50 wks. x $15 .., Minieamt Requirements: College Degree. 5 years experience ( r. Al D o S years construction management ` t experience. S years Intergovernmental experience. 5 yrs. 'W* liMintstrattve expe•+•nce. Demonstrated ability to •,. . construction !P.' •tton disputes, construction , t ; 1 ^fit • NOrd.'"In'D 4 "" • r • Page Two _ • :Brief Position Outline: Coordinate Rental Rehab Staff. `: iiCHA Commissioners, Monroe County Coen'ssloners, KWHA r Commissioners, Ad Hoc Housing Committees, civic groups. ,i.. Directly responsible to U.S Department of Housing It Urban • - -�-. Development (HUD), Jacksonville - Washington for program t -�� requirements, documentation, and progress schedule. -• f- Support Rental Rehab Coordinator In loan closings, marketing, ` "" �`, ^ .. and ccnstructIon problems. Responsible for the authorization of Program Fund disbursements. T`•• • . a ' . _ 1 6. Accounting /Computer Program Services Support (PART TIME) $6,250 ''� Annual Costs: 125 unit construction applications P 125 • • 125 tenant application HUO 50059's 2 $25 4' ti • Minimum Requirements: Computer, program for HUD 50059's ,711.;r,,;• program general ledger Tenant History File, and Rent VW ,.. ' ' � Calculation Programs 1' 7. Office Rental (Field Office- Marathon -one year) $1,200 Annual Costs: $100 ger month x 12 • • 8. Travel Cost Allowance $6,230 i J Annual Cost: key West - Marathon Round trip 100 miles • .(3 trips avg. per week x 50 weeks x $.20 per mile: $3,120) Coordinator /Director • Construction Inspectign Trips Allowance $150 per mo. x 12 mass $1,800. ` Trips/Meetings with U.S. HUD • • (Two trips - Jacksonville Field Office 1400 ea.) fP • (One trip - Washington, D.C. Central Office $500) • • 9. Sundry Costs $3,050 Annual Cost: Insurance ---.- 300 Postage-- --« «.- 265 %i,, ph---- -- -N - -N - -- 600 " Printing /publications -- 500 :: Copy Machine----- - - - --- 500 Legal Advertisements -» 300 • Office Supplies- -»-- -- 00 r '' 10. F . a Program Requirement Owelopmiei}t, $10,000 Grantee Documentation Development -Lan packaging. marketing, des :' Cash Management System, Environmental revlee,.IIUD Annual • Contribution Contract, revised Housing Assistance Plan. -:, 1 Training of Rental Rehab Staff. Atslst Fair Market Rent • 00f`: increase Application. (4 weeks) One Time Grantee Program Start -up Costs: .$89,280 • . • r. 1 :J .G"Y - •. s ''' ''‘ '... "i54re . ' te r 0 , -'.4 M_ t i Y .'F. i • �� n,.'' T r . "va a = ; PROPOSED '` NON- RECURRING CONSTRUCTION PHASE BUDGET INCOME MONROE COUNTY RENTAL REHABILITATION PROGRAM REQUIREMENTS • . PROPOSED FUNDING �, '` 1. Monroe County Housing Corporation grant . $25,000 • X z� `i • '` to Monroe County Housing Authority 2. U.S. Department of Housing 1 Urban Development $3.000 `••, (NUD) Proyras* Training Fund Allowance • n;, 3. U.S. Department of Housing 6 Urban Development $22,500 .. (HUD) preliminary funding for processing of r " tenant qualifications for voucher issuance'? " walt - (125 vouchers x $180) issued to PHA/agent. Tot _ """ • 4. Omer Application Processing Fee $6,250 (NEEDS HUD's APPROVAL TO IMPLEMENT) (125 units x $50) • 5. Projected lease -up administration expense fees $5,000 . ., during 12 -month construction phase. U.S. HUD • funds to MCHA /Agent. (50 units.x :S :noAth :x.$20 :la:) : •• . • • (1 thry 5 Income Funds) Subtotal: $61,750 • •'(Co*stru tlon p.'Expens! Iludalt):' •($e9,280) ( -) , f� PROGRAM GRARTEE's (Monroe County) Expense: ( =27,530) ( -) '; 6. Monroe County (one -thee) program start -up costs: 2e•000 • yt , • • • . 3 • • • • c • • s •, • a t • 4 f 5e,e c+/. 6-11 t t .% - — - • MANACI SERVICES RESOLUTION NO. 162 -1989 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ?7ON12OP COTYNTY, FLORIDA, ACCEPTING THE K a , c AMiLVMENTS ;'O M7NAGPMMIr AGR!CMLNT AND MEMORANDUM OF UNDERSTANDING, BY AND BETWEEN MONROE COUNTY • AND MONROE COUNTI,' HOUSING AUTHORITY. 4 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSTONRPS OF MONROE ` `.� t •' • 1 COUNTY, FLORIDA, that the Board hereby accept amendment number 1 tr �s xua • t ,.; to the Memorandum of Understanding, and amendment number 1 to the Management Agreement, between Monroe County and the Monroe County Housing Finance Authority, copies of same being attached hereto. y'` PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held i on the 21st day of March, A.D. 1989. BOARD OF COUNTY COMMISSIONERS } OF MONROE COUNTY, FLORIDA • BY / fot // °. 412 k Mayor /Chairman (Seal) Attests DANNY L. KOLHAGE, Clerk AIMOWD At TO PORN e A N A/)I s GAL SUFF Ito St: V d 9Z MI 69. ( - � er - r A " • • • 1i' • - ,< ; :'. ... '•,"' ":, AMENDMENT NUMBER: 1 n 'ti'+s0? t AMENDMENT TO THE MEMOR/u ;CUM :Ix' 0NrE!'cS•i'A A t NDING � BETWEEN THE COUNTY OF MCNROE ., , %' .... AND ,a MONROE COUNTY HOUSING AUTHORITY The Agreement entered into on May 7, 1985 between the County of Monroe ('Grantee') and Monroe County Housing Authority ("Agent') is amended as follows: `'MD SECTION D. 'COMPENSATION TO AGENT•.as follows: « Delete Paragraph 1 of Section D in its entirety and in lieu = - thereof insert the following: t ' w•C 'Section D. COMPENSATION TO AGENT ••' x ' -- '1.' The total cost of administering the Rental Rehab l ita ~T ` tion • ram will be rog ill borne by Program administration fees as• �• ;. , purpose will be .. provided by the Department of Housing and Urban Development. , A11 fees received by the Grantee for this "` paid to the Agent in consideration for the services provided • by the Agent .for the Grantee in accordance with Section 8, _. '" -• items ! - 22, of The Memorandum of Understanding. No Rental Rehabilitation G rant a mounts will be used to cover the • . • t'' administrative expenses of the Rental Rehabilitation Program.' • • l : 4 t ' .ma . ., -r r 1 • ... 4 • �.! . :• . 1 _ _ �� '•1• . P • ,' si fit a f , • .. •..j'i a t *0 ' ■ •� ; l '•'- a a• 1,V7 S x 1 'R r. ..'. E t I • f • • i • • r . .. „ s; .-- ' Y °. .` �r�r - - y ..yr.. ? ono C • I provisions not in conflict with this Amendment aro 1. • still in effect and are to be performed as s pacified • in the • . 11111;;, Agr•.e�e _ • This Amendment is hereby made a part of the Agreement. IN WITNESS WECREOF, the parties have caused this Anferidment to be duly executed by their authorized officials thereunto. ', •v 1 ,. * N ; gyp. MONROE COUNTY HOUSING MONROr COUNTY (Grantee) AUTHORITY 1,01 • i 0 r 1 e alliMedilik BY: • #'-''”. (Signature) - -..,1. TITLE: Chai TITLE: Mayor }.� , , ' DATE: - I /L.' DAZE: 7 ti V Ad'r • ■ • . • '', .• In lao :4- , . : - l a s. • �4 :‘,117,C.4'..'• . • 4 ', - CORPORATE • SEAL • CORPORATE SEAL i i 4 -,• Oat/ WO Af RPM • r -vyp a I n •— t = `: * .. • ,.' s.�,y.. t •r t • z t �. L? t Y. z ka �} i Y -,f .i M i R r` * ARS K .t r o. f.y,•', 1 , 1 • • • r "°Y'• t} !•F"'4-",ti ' r. ° a ■ t± rt� .' s yAt "':Y ... v ,„ . .. ^ }`' N !i A a . "). •{ ' i 1r J:� "Z t _' ^ w � • {�V < +e E x e t t rli '2 W .r k ; Y ., " . k4� y ; - f i,r+ ,t v•',..,'1,•!,, . • .. Y ,�.. w k �" � "b • .'� � l j 't, i x ��.t t: � e •r,.•. t / 1 rs. 7' . : 'r • tt 4, �i * • .' * -, i '` J,"y` t,,,t - '.. . 5 " f., } t .� ; � -4 � , q 9. f ; `e a . '-' b s� • M s vY t '� 1 7 v s.+ , / r .. ' { ;M 7 '- F /✓ .M `*t k . P s • } ♦ t R te ; } 4 a j � t� 4' 'y:' '! Z4ti'' ,, x ty F • ;y am A Yi 1 ' 'aa. .'L " Y# 4 }. • • • k e a i N S Ht.moRANDUM OF VNDEsiS 'A 1N0 • t' (Rental Rehabilitation Program) , °i s, 81. The following is a Memorandum of Understanding between Monroe • i• County thereafter referred to as "Grantee ") and the Monroe County � y !' Housing Authority (hereafter referred to as tae "Agent "). Grantee '..._..; : and Agent hereinaftor referred to collectively as the "Parties ". This •+►• • Memorandum of Understanding states the obligsticns of the above Parties '- in reference to the application for and euecutian of the United States • f Department of Housing and Urban Development's Rental Rehabilitation onlor Program as described in the April 20. 1984 Federal Re aster. Rule ". 24 CFR. Part 511 and as amended to include areas of Counties not under jurisdiction of the Farmer's Home Administration or any authorised .• _ waver of said ,jurisdiction. • It is the intent of the Qrantee and the Agent to•cooperatively implement the Rental Rehabilitation Program within the eligible sec — i tiens of Monroe County in order to assist the continuing housing • :: needs of our community. ,;. . SECTION A. ASSIGNMENT OF RESPONSIBILITIES AND SERVICES •a; 1. To this end of providing affordable. decent. safe and sanitary housing. Monroe County hereby appoints•the Monroe County Housing c Authority (*Agent") to provide prefessional planning. aanageaont ands r . administrative services for the County of Monroe ("Management Ag p ," ,,1 went") pursuant to the provisions of the Department Housing ands i. �- Urban Development Rental Rehabtlitatlen Program "Interior Rule" 24 r 14 Part 511 Published in Fodtral Register 49. 78. April 20. 1 k :. !' " -- . thereinafter the "Program "). Monroe County hereby authorises - thet104 . to subcontract for professional and technical ssvlces for the pirpe$ ;y 6:.^ m ri • . of imptementtng the terms of the Management Agreement. said Agreeent . „ attached hereto and wade apart hereof. , ;' ;∎ .", . ' 1 2. The term of this Management Agreement shall coamenc• concurriftt "fix with •"Section D. Paragraph 3 "• and shall continue for the duration m1 iF this Program. • i SECTION S. SPECIFIC RESPONSIBILITIES g '' ` ' The following specific responsibilities of the arantee for *owl , '*` ' floatation of the Program are hereby defined. but not 1•imi to: , fi t i . • , 1. Preparation and submittal of grant request to the Director of 1 l ` nine Community Development. U.S. Department of Housing and Urban- *limpet. Jacbsonville. Florida. • *limpet. . 2. Preparation and subm of rent subsidy grant • re f 5 U . S. r ' : ' ~ Department of Housing and Urban Development. Housing Oevelopmosit .'-'"i,R Division. Jacksonville,. Florida. for the Rent Subsidy Program for , s• c" units. k ' , t,r t• c s C .o % .- I+t.._ yyr � a • 1' r L _ , we. • ,.'^��c• ., ..�..+ + ter" • T �,+w_ • s.s.�N..�1► - - - - t. 7 . p - ' ' +R'r•'div t r • - > � T ' = a v r r! ,t e r � ' � � •n �+ r` r r . ', . .1f r ' I ; z a79�.,1.; f. T. ,- } i• "i.' .Y r,Y 4. - C ,;',41.{.'...7 ry+' ,C "l ,,.,0, I l ' t � H ° •,, 4 c t o vl t -?, , ,• :,...5.1 i 'a' - " p f , F-7.- r a I • • 4, ,l :er. E a ,v . 5 , ; • -. • -` • • 3. 8elect a lending institution in Monroe County to receive and dis— ,,''..�•' • burs• f.deral funds as payments tc contractors. Disbursements will be ' r ' made from the accounts by the Grantee and under authorization by the Agent in accordance with HUD Notice. dated September 17. 1984. Cash and y • • Management Information System. incorporated herein by reference. . :.i l a 4 . Cooperate with the Agent in supplying information and services "+-.= required in implementing the Rental Rehabilitation Program to ensure compliance with County Ordinances. .. -, " 1 . 9 . 14,01 "1 ; Provide its physicnl facilities When necessary to conduct meetings . c^ ▪ with lenders. investors or other groups ant organizations in implement•- ing this Program. 6. Promote marketing and outreach efforts to secure participation in the Program. 7. Adopt policies as prepared by Agent concerning tenant assistance. u in inc! d nondiscrimination n • eta c _ ocation ass, g . and relocation displacement. a displacsm requirements pursuant to the Rental Rehabilitation Regulations. . S. Adopt • written Affirmative Marketing Plan as prepared by Agent - ; which include appropriate procedures - and requirements for affirmative marketing units in Rehabilitation Projects as prepared by the Agent. . .`."` The following Grantee responsibilities and tasks will be funded 4.0 by the grantee in accordance with "Section D" of this Memorandum of "ri Vndlr$taM ing and undertaken by the Agent: , , ,. �e;• , . •. Program Marketing — including development of all marketing seats ,.i,ic; j t lals. meetings with County lenders. potential investors and contrae•?...htl torsi promotions. 1^.m • '-'" 10. Eligibility Determination — review of applications to insure` N { the owner and property meet all basic eligibility requirements +` ' ",' ] t e a ' 11. Initial Property Inspections — to determine property defiCientle ': s 13. Review of Construction Proposals 1. to determine the following: r 0„'` .' al If the work proposed addresses identified defictenees and et c meet all applicable County codes with HUD's Housing Oualtty Standards. b) Reasonableness o f costs. `'`' 13. Financial Feasibility — determination of subsi1y amount and !sewl - mmitment conditional letter of co. r 14. Loan Closing =- responsible for securing esecution of required ;t %f legal documents, filing of documents escrow of construction ♦ands... ^,.a: -4. . t , •1 •� 10.'APreconstrvction Work Conference — meeting with owner and contract 4,.. 3•• - ' to review work to be done, establish •construction schedule, sign . sonMaeter agrs. • .t. ` . i r i • • . x ' . �A' " -' , . • Y • ,. 1 .: , butt ", ,,,t,...; ft „, • F� •$,N 4t waY. 4 ; „ . E p y� w e, � .. '. t , ° ri - y Y';. b .tSb • �•' ! !! i� S. 1, �5 'd `d y . ! . t •` + t ''1 ,: 7, is'-':',.: 7-•t c "•• - - i A ,-` '�?� , — ' k ' ( ` i l, tb Y F !' t . 4 !•� t• lA S �. s '' '� * ; 4 ` ,~ t i a .4 y : • �' ?,, Z 'y i r '(� D `• t q "x . ,a.•-. • ti • r �� r++i•.. • u L___...... 4y I, • • 16. Progress Inspections - inspect quality of work as justification } for payment to contract' . • "► + , rct quality of Works secure role +se o1 . �` 17. Final Inspections - insp 4 y t liens. warranties or other guarantees. ;:, • • ~ 18. Cash Management - set up projects. disburse Funds. complete and i - -. ,, submit reports to all as required by HVU'e Cash Management Information ' . i System (C /MI). The C /MI system's project completion report will be ,.,. . used to provide financial and demographic information about.the project d" • and the tenants upon completion of a project. • . 19. Relocation Assistance - provide referrals. counseling and other forms of relocation assistance described in the County's approved Tenant Assistance Policy developed in accordance with HUD's Rental 1 Rehabilitation Program regulations. 20. Affirmative Marketing - undertake all affirmativti marketing activ- ities as detailed in the County's approved Affirmative Marketing Plan - • in accordance with HUD's Affirmative Marketing requirbmets. The Agent. .; will keep adequate records of its affirmative marketing efforts and 8114'i t,, • • titularly report on the same. .40.4. .a iA. �. . • 21. Annual Performance Report - the Agent will prepare and submit an annual performance report. ..,. 22. To make ef to encourage the use of minority and uomen•s bull;;., ; ,sr -,c' ness enterprises in connection with the program. . , The following activities will be undertaken birth, Agent in Casey !'`:" 'int out their responsibilities in providing housing vouchers.to ollgi • tenants under this Program, r' w ''' ,...1e-. , ,.. ;' *N_ 23. [ secute Annual Contributions Contract (ACC) amendment with" i ', for the appropriate number o1 program vochers per the Orenteesappl -4 -- 'i cablen. ;. . •.; 24. Prepare and administrative plan for HUD approval providing'a d, ' a r i . tailed operating plan for the administration of housing program .- } vouchers. '+ •,' A - A ES. Conduct • community-wide Outreac Program for qualified tenant.e'r . 4 ^ " : , • p rogram p articipation. ,. hv ,', )a `. t 24. Conduct a physical inspection of completed rental rehab unitiv to determine compliance of the unit under HJO's Housing Quality Standard , ", and Section • Etisting Program guidel 1 A ' ` R '� • 27. Provide • qualified tenant by appropriate family /bedroom site.t • • . '.i the landlord and review and execution of an approved lease between? .,,,; the landlord end tenant. If • qualified tenant is not immediately .. i. available. the Agent will so notify the Or•ntee in writing. • „,.. , tt � . :; .'. .. . ` t y ' l - r '� + ;; ?•. - Enter into • Housing Assistance Payment Contract with the 1•ndler >'� h ” bas .; .« ed on the Rental Rehabilitation Program's allowable contract ten . /` M "1 t , roAte' ' a- s•{ . j a 7Ct * r 9 ., , ,Z ^wST ' ' S . + .: u• y V � , • + �*• ..., ;.et x 3�. v z • ' � r �,V #as ! `Sl ,� ' }� h r , it , � . .a � - , � f w 1 . . . JJ 1 7t � 'San. a .i ', � .• ., ... 4 ' . M 'S ' • : • i 'f 11. y:. P lf Y l . Y 4 za t..J.�•- t ` . t. . t rY „ta, • • • ' : z _ .• .�.. r, , :4. Recertify as necessary tenants issued housing program vouchers. ti , •, ' i SECTION C. RECORD KEEPING AND REPCmTINC TA, Grantee and the Agent mutually agree to maintain records which y °'s '•y clearly document performance under the Management Agreement and,under - each requirement of the Federal Regulation and to provide the Secretary 4.:.:.r.; • • of the Department of Housing and Urban Development with any data. infor- �' motion or assistance that the Secretary deems necessary to allow the . • ,. c.. . - �, Secretary to monitor and evaluate the prcyrem. Such information shall • 2 include. but is not limited to, information regarding rehabilitation ;:- '.. ' + financing and relocation, temporary and permanent. of tenants who occu- r .a '••x pied the building or buildings prior to rehabilitation. and the specific '4^`::`""''• •.:• • dal. 4 • relocation measures' used in each case. Ilf i SECTION D. COMPENSATION TO AGENT 1.. The total cost of administering the Rental Rehabilitation Program. . .1 will be borne by the Section 8 Housing Assistance Payment ProgradW.the Monroe County Housing Authority. Program edministratien..fees and. Monroe: Coast,. No Rental Rehabilitation Oran! amounts wl11•be. vsed , ts• - 'aM sr aiwistrative expenses of the Rental• Rehabilitatlen .10 "' • - dis censideratlon'for services provided by the Agent !er Orantiejtn; accordance with Section 8. Items V - 22« of this Memorandum• ''! Ubder slawding will be compensated in fyll by the Grantee in an amevliElefl- 62111.000.00 payable in two equal installments. - TMetlirst !natal* `ef 014.000.00 will be payable upon execution of this :Miwirandw:,COO4er - r..: ' `4,;. siiiNinj,aM the balance will be payable upon approve* of the 19115-06 ^ / ` d • * Oen,T.* :Operating- Budget. ' Z. loth Parties agree that they will fully sanely with the «Interior: Rule• and with all provisions of applicable law. It is mutually under-: ,' t.-',..'". ' Sued_ that such Rule will govern to the extent of any inconsistencj._; ;,: iv' `r herewith. + n. r.• « _ S• This Memorandum of Understanding shall become effective immediatelg -S i s upon its execution, by the Parties. • C rw MONROE COUNTY • est: , 6 v _' J ., ►(Ora / t' f: . r =i Aelmina . Harvey. yor f t. � ; • • x ' `' MONROE COUNTY MOUSING AUTHORITY 4 • 4:�4 "Agent) a,.r; � , a,: ✓, it .., o e2_ 14 —� ..4i /tf w ,•. • r ,_ , • • • n T. Parker, Vice Chairman Oat* ,-, ' •, : 'r J ri ,-- 11 •••'^+• • «. ,•� ,. •,.-. - ��. •- ..�... .. ... ... - �. - 0 • . J � ..• z s f ` •. a rt � ,z.;1,d .? ' 1.�, ay ,{<. b'�e,.��L.K'►�. yk ` ' � � r � ` i <. w Z -s. • t ..+ t a /VI. ' . 3°4 • }. :?' s , i -- �. � } i t r x • .. 1 . .^ a A.•'. , '*.'4,..,'-.-." h Y •'a � ,, a • ', ' s y 7^. Y �;.` - �,. + • x t\ ' .. �. - •4.2 _ { ' I r e ' , , fit,. •+ -f •+ COMMUNITY DEVELOPMENT BLOCK GRAN JUN 2 k SMALL CITIES AWARD AGREEMENT,L�Y�..'�: ;t THIS AGREEMENT is entered into by and between the State of Florida Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the Department), and Monroe County, (hereinafter referred to as the Recipient). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: The Department, in the furtherance of its duties under Public La.: 93 -383, as amended and s. 290.0401 - 290.049, Fla. Stat. as amended, has determined that the Recipient has applied and qualifies for a grant under the Florida Small Cities Community Development Block Grant (CDBG) Program. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall perform the obligations in accordance with the application, incorporated herein by reference, and Attachment A - Program Budget and Scope of Work, of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES. (a) Both the Recipient and the Department shall be governed by applicable laws, rules and regulations, including but not limited to: s.290.0401 - 290.049, Fla. Stat. as amended; fK Public Law 93 -383, as amended; 24 C.F.R. Part 570; Fla. Admin. Code Chapter 9B -43; and OMB Circulars, and 24 C.F.R. Part 85. (b) The Recipient shall conduct its program as outlined in the application for funding under the Small Cities CDBG program ( "the Application "), the Activity Work Plans as approved, in conformance with Attachments A, B, C, and D, and the Standard Conditions of this Agreement, all of which are attached hereto and hereby incorporated by reference. 3 PERIOD OF ( ) AGREEMENT. This Agreement shall begin on the last date signed, and shall end twenty -four (24) months after signature, unless terminated earlier in accordance with the provisions of Clause (14) of this Agreement. (4) FUNDING. (a) The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $650,000 for the Department's share, subject to the availability of federal Small Cities CDBG Program funds to support this amount. (b) Payments under this Agreement are subject to 24 C.F.R. Section 85.21; U.S. Treasury Circular 1075; and Chapter 215, Fla. Stat. as amended. The Recipient shall maintain and operate a financial management system which is in compliance with standards for fund control and accountability prescribed in U. S. Treasury Circular 1075; OMB Circular A -87, "Cost Principles Applicable to Grants and Contracts with State and Local 1 p Governments"; and 24 C.F.R. Section 85.20. (c) The Recipient must establish accounting procedures and agrees to ensure that, generally, no more than five days will elapse between its receipt and its disbursement of funds from the Department, except that the Recipient may maintain cash -on -hand in amounts of $5,000 or less for more than five days to meet daily cash needs. Escrow accounts are not subject to this requirement. (d) Each request for funds shall be for an amount of not less than $5,000 unless it is the final request for funds and shall be on a form approved by the Department and shall be certified by an agent of the Recipient who has been identified as having signatory power on the signature form received by the Department. The Recipient shall immediately notify the Department in writing of any change in agents. (5) PROGRAM AMENDMENTS. This Agreement shall be modified according to the procedures outlined in Fla. Admin. Code Rule 9B 43.014(6), as applicable, and subject to the provisions contained in the Standard Conditions. (a) The Recipient will be allowed to amend its Agreement budget amount by submitting Form 69 to the Department. The budget modification will be granted if the Chief Elected Official certifies there are no changes in the Recipient's contracted accomplishments or beneficiaries, and the total general administration budget allocation does not exceed the allowable • percentage according to Fla. Admin. Code Rule 9B- 43.006(4). (b) Prior written Departmental approval of amendments shall be obtained as specified in (d) below when the Recipient proposes to add or delete any activity or activities, change the scope, objectives, time frames or scale of the program, or individual projects or impact on beneficiaries of previously approved activities. (c) All amendments requiring prior written Department approval shall be reviewed by the citizen advisory task force required in s. 290.046(6), Fla. Stat. as amended, shall involve at least one public hearing to consider comments and views expressed by citizens on the proposed amendment prior to submitting the amendment to the Department for approval; and shall have the approval of the local governing body. Amendments which are only to extend the termination date of the contract or extend the time for submission of evidentiary materials to satisfy any contract conditions do not require that a public hearing be held or that it be reviewed by a citizen advisory tas }: force. (d) All requests for Agreement amendments requiring prior written approval of the Department under 5.(b) above shall include the following written documentation as criteria to be considered: 1. A request for amendment shall outline all changes in budgetary amounts, beneficiaries, or scope of accomplishments. 2. Detailed narrative description of the proposed changes and their effect upon the approved project demonstrating that the • `change in scope of work is economically feasible relative to the number of beneficiaries and the funds expended; 3. Revised work -plan for each activity affected by the amendment; j 4. Revised budget summary showing the current approved budget and the revised budget for each activity; 5. If any change in location, legible map which indicates the proposed changes; 6. Copy of the public hearing notice which shall evidence compliance with Fla. Admin. Code. Rule 9B 43.003(39); 7. Copy of the minutes of the meeting of the citizens advisory task force at which the proposed amendment was reviewed; and S. Signature of approval by the chief elected official or resolution from the local governing body authorizing the proposed amendment. (e) Any proposed amendments that shall reduce the scope of work or intended beneficiaries by 20 percent or more from the original Agreement shall not be approved by the Department unless the Recipient can demonstrate to the satisfaction of the Department that the need for the proposed reduction occurred due to circumstances beyond the control of the Recipient. The reduction shall be measured based on a weighted average of the line items proposed for reduction. Local governments which cannot meet the program objectives without such an amendment shall have the Agreement terminated for cause. All other amendments shall be reviewed as specified in (d) above. (f) Recipients shall be limited to four amendments that the Recipient initiates over the term of this Agreement. (g) All amendments requesting an extension of the termination date of the Agreement shall be received by the Department at least 45 days prior to the termination date. (6) PROCUREMENT STANDARDS. The Recipient shall comply with procurement standards prescribed in 24 C.F.R. Section 85.36; Fla. Admin. Code Rule 95- 43.014(1); and relevant state and local laws applicable to the procurement of supplies, equipment, construction, and services. (7) PROPERTY MANAGEMENT STANDARDS. The Recipient shall comply with uniform standards governing the utilization of property prescribed in 24 C.F.R. Part 85. (8) AUDIT. (a) The Recipient shall provide to the Department three copies of annual audits conducted in compliance with the Single Audit Act of 1984, P.L. 98 -502. These audits shall be performed in accordance with OMB Circular A -128, and the contract number for this grant award shall be identified within the audit submitted. • y EF / (b) An audit which covers any portion of the effective dates of this award Agreement must be submitted within thirty days after its completion, but no later than seven months after the audit period. (c) The Recipient shall have all audits completed by an independent public accountant (IPA). The IPA shall be either a certified public accountant or a licensed public accountant. (d) If an Agreement is closed out without an audit, the Department reserves the right to disallow and recover any disallowed costs identified in an audit completed after such close -out. (e) If the Recipient has not submitted an audit report in accordance with OMB Circular A -128 within the time frame specified in paragraph 8(b) of this Agreement, a 15 -point score reduction will be assessed against any subsequent application received for each failure to timely submit a required audit report. If the Recipient has not taken action to resolve an audit finding within the prescribed time frame or by an application date, whichever is later, a 15 -point score reduction will be assessed against any subsequent application received for each outstanding audit finding. These score reduction penalties shall continue to be assessed against all eligible CDBG applications submitted by the Recipient, both individual or joint, until the Recipient has successfully competed for a CDBG grant, or has unsuccessfully competed for a CDBG grant whose application was not within the fundable range. { (9) RECORDKEEPING. (a) The Recipient, its employees and agents, shall maintain records and supporting pportin documents as prescribed in 24 C.F.R. Section 570.506, "Records to be maintained "; 24 C.F.R. Section 570.508, "Public access to program records "; and 24 C.F.R. Part 85. (b) All original records pertinent to this Agreement shall be retained by the Recipient for three years following the date of submission of the final close out report, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non - expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for three years after final disposition. 3. Records relating to each displaced person or business shall be retained for three years after final close -out and resolution of all claims and litigation. 4. Records relating to real 9 property acquisition shall be retained for three years after final action or until the period } for retention of relevant displacement records has expired, whichever is longer. /" .• (c) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the CDBG Small Cities Program and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all contractors or consultants to be paid from grant funds, shall allow access to its records at reasonable times to the Department, its employees, and agents, and to the U. S. Department of Housing and Urban Development (HUD), its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m. on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department or HUD. (10) REPORTS. (a) At a minimum, the Recipient shall provide the Department with quarterly reports, and with a close -out report, on forms provided by the Department. If program income is produced, a semi- annual program income report shall be provided. (b) Quarterly reports are due to be received by the Department no later that twenty days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative closeout report. The ending dates for each quarter of the program year are March 30, June 30, September 30 and December 31. Failure tc have accurate and complete reports received by the Department on oo +the date due shall result in the loss of points in future grant applications and in the suspension of funding pending receipt of such report or reports as provided in Fla. Admin. Code Rule 9B- 43.014(8). Information provided in these reports shall be compared to the Recipient's Activity Work Plan submitted in accordance with Attachment B of this Agreement and incorporate:: by reference. (c) The close -out report is due 45 days after termination of this Agreement or upon completion of the activities containe in this Agreement. (d) If the Recipient has not submitted a closeout package as provided in Fla. Admin. Code Rule 9B 43.006(7)(c), a 15- point score reduction will be assessed for failure to submit the required closeout package against any subsequent application received. These score reduction penalties shall continue to be assessed against all eligible CDBG applications submitted by the Recipient, both individual or joint, until the Recipient has successfully competed for a CDBG grant, or has unsuccessfully competed for a CDBG grant whose application was not within the fundable range. (e) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be require] by the Department. (11) MONITORING, EVALUATION, AND TECHNICAL ASSISTANCE. (a) The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules • 1 ofve ,t are being met, projected work units are being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each program, function, or activity set forth in the Application, Attachment A to this Agreement, and the Recipient's Activity Work Plan. (b) The Department shall review the Recipient's performance periodically to determine whether the Recipient has substantially completed its program as described in the approved Application and this Agreement in accordance and compliance with the requirements of s. 290.041- 290.049, Fla. Stat., as amended, Fla. Adrrin. Code Rule 9B -43, and other applicable state and federal laws and regulations. Training and technical assistance shall be provided by the Department, within limits of staff tine and budget, upon written request by the Recipient and /or upon a determination by the Department of Recipient need. (c) The Recipient shall allow the Department to carry out monitoring, evaluation, and technical assistance and shall assure the cooperation of its employees, subrecipients and subcontractors during such activities. (d) If the Recipient has not resolved any monitoring findings within the prescribed time frame or by application deadline date, whichever is later, has not submitted a monitoring report response from current or prior CDBG- funded programs or has an unresolved monitoring finding at closeout, a 15 -point score reduction will be assessed for each report not submitted and for each unresolved monitoring finding. If the Recipient fails to • meet the contracted -for number of jobs without an amendment in t z the most recently closed -out Economic Development grant, a 15- point point score reduction will be assessed. These score reduction penalties shall continue to be assessed against all eligible CDBG applications submitted by the Recipient, both individual or joint, until the Recipient has successfully competed for a CDBG grant, or has unsuccessfully competed for a CDBG grant whose application was not within the fundable range. (12) DELEGATES, SUBRECIPIENTS, AND CONTRACTORS. (a) The Recipient may delegate to any other unit or department of the local government the responsibility to undertake or carry out specific grant activities. (b) The Recipient may, by written agreement, designate one or more autonomous public agencies, including existing agencies and other local governments, to undertake or carry out grant activities for the city or county. All autonomous public bodies so designated shall be considered subrecipients. Such written agreements shall be executed in accordance with 24 C.F.R. Section 570.503. Subrecipients undertaking or carrying out community development activities shall do so in conformance with Fla. Admin. Code Rule 9B- 43.014 and all applicable state and federal laws, rules and regulations. (c) Delegations, designations and contractual arrangements as authorized under this section shall in no way relieve the Recipient of its responsibilities to ensure that the CDBG Small Cities Program is administered in accordance with all state and federal requirements. • (13) LIABILITY. The Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this Agreement. (14) SUSPENSION OR TERMINATION. (a) The Department reserves the right to suspend payments to a Recipient when the reports required in Section (9) of this Agreement are delinquent. - (b) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat. as amended. (c) Suspension or termination is an appealable action under Chapter 120, Fla. Stat. as amended. Notification of suspension or termination shall include notice of appeal rights and time frames. (d) The Department reserves the right to exercise corrective remedial actions including, but not limited to, requesting additional information from the Recipient to determine the reasons for, or extent of non - compliance or lack of t performance; issuing a written warning advising that the Agreement may be suspended or terminated if the situation is not remedied; advising the Recipient to suspend, discontinue or not incur costs for activities in question; or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined ineligible or misused. (e) The Recipient shall return grant funds to the Department if found in noncompliance with laws, rules, regulations governing the use of CDBG funds or this Agreement. (f) If at any time after the effective date of this Agreement, the Department determines that an activity to be funded is not eligible pursuant to 24 C.F.R. Part 570 or any subsequent federal regulation which supersedes it, the Department may unilaterally amend this Agreement to delete the ineligible activity and deobligate any unencumbered funds attributable to the ineligible activity. (15) ASSURANCES. The Recipient shall comply with the Statement of Assurances incorporated as Attachment C to this Agreement. (16) PROGRAM INCOME. (a) Program income is defined in 24 C.F.R. Section 570.500(a). Program income collected by the Recipient which meets any one of those definitions must be used in accordance with the provisions set forth in 24 C.F.R. Section 570.208 and 24 C.F.R. Section 570.494(b), as well as satisfying the eligibility requirements described in Section 105(a) of Title I of the Housing and Community Development Act of 1974, as amended. Any ,program income collected by the Recipient must be used for Title I eligible activities in accordance with all Title I requirements, and the Recipient must submit, for the Department's approval, the activities that will be undertaken with that program income. (b) In accordance with 24 C.F.R. Sections 570.504 (a) and 570.504(b) 1 and 2, all program income must be used by the Recipient prior to requesting funds from this grant award. However, program income received after closeout of the grant which resulted in the program income being generated is not subject to the requirements of paragraph 16 (a) of this Agreement unless, at the time of closeout, the Recipient has received another CDBG award. (c) The Recipient must report any program income from this grant or from another CDBG grant that is received or disbursed during the term of this grant in Section II of the Quarterly Status Report and on the semi - annual Program Income Report, if that program income is received prior to administrative closeout. (d) After administrative closeout of the grant, the Recipient must continue to report the expenditure of the progra r income on the semi- annual Program Income Report until the progra r income received prior to closeout has been expended on eligible activities. Program income received after administrative closeout should not be included on the semi - annual Program Income Report unless the Recipient has received another CDBG grant pricr to administrative closeout of the grant evidence by this ' Agreement. (17) SPECIAL CONDITIONS. (a) The Recipient shall comply with the special conditions set forth in Attachment B, attached hereto and incorporated by this reference. (b) Failure of the Recipient to comply with the special conditions under this Agreement shall be cause for the immediate suspension of payments or the immediate termination of this Agreement. (18) OTHER PROVISIONS (a) Should the Recipient fail to enforce the provisions of any promissory note, mortgage, security agreement, or other obligation specified in the Participating Party Agreement, the Department may, with thirty days (30) written notice to the Recipient, automatically substitute itself for the Recipient in said Participating Party Agreement for the purpose of enforcing said Participating Party Agreement and may, at its discretion, continue to administer said Participating Party Agreement and assume control of any program income earned thereafter. (b) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient, or a Participating Party, in the Application, in any subsequent submission or response to a Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient and the Participating Party, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient or a Participating Party hereunder. (c) This Agreement shall be construed under the laws of the State of Florida, and performance is agreed to be in the jurisdiction of the Recipient. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict or unenforceability and shall be deemed severable but shall not invalidate any other provision of this Agreement. (d) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient or any Participating Party hereunder shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the sane right or remedy by the Department for any further or subsequent default by the Recipient or any Participating Party hereunder. Anyright of approval granted by the Recipient to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. THIS AGREEMENT, its attachments, the standard conditions, and the Application as amended embody the entire Agreement of the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. RECIPIENT STATE OF FLORIDA Monroe County Board DEPARTMENT OF COMMUNITY AFFAIRS of County Commisioners BY: BY: John Stormont Lewis O. Burnside, Jr. Chairman Director, Division of Housing and Community Development Date Date RECIPIENT FEDERAL IDENTIFICATION NUMBER ATTESTED BY: APPROVED AS TO FORM •. LEGAL SUFFlClEN BY - Attorney's 0 Ice Date (NO - 7 7 F IDRIDA DEPARTMENT OF COMMUNITY AFFAIRS SMALL CI= CDBG PROGRAM WORK PLAN Milestones, Outputs and Expenditures Estimates Intended Proposed Total RECIPIENT Beneficiaries A o mp i shments Activity Budget MONROE COUNTY 'Dotal ' LIE unit Number 143 143 House ! 35 $552,500.00 Housing Rehabilitation Start 1 End Schedule of Anticipated Date I Date Accomplishments Activity Costs Activity Mi1estona Mo/Yr Mo/Yr by Quarter by Quarter I I A. E 1 1 V 1 r + O n m e n t a l C l e a r a n c e 7/91 1 9/91 Q l � -0- $ -0- and Release of Ftn s 1 1 B. Meet equal opportunity 1 42 1 -0- -0- citizen participation & 7/91 6/93 fair housing requirements C. Adoption of program Q2 policies & standards. 7/91 9/91 -0- -0- D. Hold Citizens Advisory Task Force Mtgs. 8/91 6/93 -0- 8,000.00 E. Hold Community Mtgs. in 1/92 6/93 the two designated areas Q5 5 70,928.60 F. Application In -Take 1/92 1/ 93 G. Process Applicant 46 10 157,857.20 Verifications 2/92 2/93 H. Recruit Contractors 1/92 5/93 Q7 10 157,857.20 I. Develop Work Write -ups & 4/92 5/93 Cost Estimates J. Bid Process for Rehab Units Q8 10 157,857.00 4/92 5/93 K. Construction Process 5/92 6/93 Total 35 Tata1 $552,500.00 Close -Out 6/93 1 6/93 Ql From 7/1/91 To 9/30/91 45 Fran 7/1 /97 To q /in /qo Q2 From 10/1/91 To 12/31/91 46 From i n/i /q, To 17/11/co Q3 prom 1/1/92 To 3/31/92 Q7 F rain 1/1/93 To 3/31/93 Q4 Ft= 4/1/92 To 6/30/92 48 Fxcm 4/1 /91 'lb 6 /'in /91 . MO WHITE-CM FLORIDA DEPAFTHENT OF COMMUNITY AFFAIRS SMALL C13'IES CDC' PROGRAM WORK PLAN Milestones, Outputs and Bcpenditures Estimates Intended Proposed Total RECIFTE T Beneficiaries es Aaaompi ? shm ts Activity Et get MONROE COUNTY Total ' IMI ' unit' Number N/A N/A N/A I N/A $97,500.00 ADMINISTRATION #181 Start End SChednle of Anticipated Date Dente A000apl i sh eats Activity Costs Activity Milestones Mo/Yr Mo/Yr by Quarter by Quarter A. Enviitamtentdl Clearance 7/91 9/91 03. 1 N/A $ 5,000.00 and Release of Funds B. Establish and Maintain 7/91 6/93 02 1 N/A 13,791.67 Financial, Administrative & Recordkeeping System & Files. 43 N/A 13, 791.67 C. Establish procedures to meet civil rights re - 7/91 1 9/91 Q N/A 13,791.67 ments & quarterly report requirements of minority 1 business activity. 1 45 N/A 13,791.67 D. Prepare quarterly reports 7/91 6/93 E. Prepare Requests For Funds 7/91 6/93 46 N/A 13,791.66 F. Provide Staff Training 7/91 6/93 as necessary. Q7 N/A 13,791.66 G. Prepare a preliminary & 6/93 6/93 final closeout report. Q8 N/A 9,750.00 Total N/A Total $97 500.00 Q1 From 7/1/91 To 9/30/91 45 nom 7/1/ .47 To q /in /q7 Q2 From 10/1/91 To 12/31/91 Q6 Pram in /i /q, To 17/11/97 Q3 From 1/1/92 To 3/31/92 Q7 prom 1/1/93 To 3/31/93 Q4 Fla 4/1/92 To 6/30/92 Q8 From 4/1/c11 To 6/1n/g1 1 , , . • 1 , 1 1 1 , • 1 • s • r 1 , 1 • •v t• i 1 , 1 • • I I ` Cr 1,... 1,... ` Q 1 I � f 1 i 1 • 1 I.Y 1 • 1 1 ,, C. V 4 \ • I , , , • , C ! Z Z • r • A • ,r mom I , i o . I 1 1 1 1 ' 1 1 I • 1 • I 1 1 O , t 1 1 4 , I 1 0 • 4 1 . r 1 0 0 1 I 1 , L O / 1 0 / 1 1 I .. .. 1 , i 1 1 1 • I 1 ,-•I 1 1 1 , 1 1- I 1 t 1 1 1 UT 1 , I / 1 4 1 , 1 1 1 , 1 4 or 2 4 1 1 1 ' t' ... 1 i , 4 t. 1 0 1 r) . w1 I 4 • I • 4.. .4.0 O 1 1 \ J / V 1 , • 1 I t • . 1..1 1 Z 1 1 • • ■ '. 1 1 I 1 r1 1 I I 1 I 1 1 1 Z I I I 1 I 1 � ' 1 • , I 1 1 1 I . L 1 1 1 t 1 . ' 1 J• t C 0, ! 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I • , ` -• I co •r 1 • 1 4 1 ` Ch W L9 ' .r I 0 , 1 '0 t ' 1 • 1 1 I • X I i I 1 , ; 1 ` - -- ...- .... - • t 4 ., _J Ip p ._+ c • ' I I 1 1 1 1 1 r P. I.. i i I ' 1 ! 1 1 1 , , • L. I t 1 1 4 1 4 4 ti. ! 1 • 1 t I 1 I I 1 1 ' A 1 r ,III 1 1 1 1 , 1 1 I 1 s 1 1n1 co l I , 4 1 • , • • 1 t 1 1 t 4 4 1 1 • SIGNATURES OF INDIIVIECIA S A1J1WiRIZID '10 SUBMIT PAYMENT REQUESTS _Su2rit two oriainal copies for each ccmtraet Recipient: Monroe County • OmItract # Address: 5100 Jr. College Rd. =tact per Robert L. Herman Stock Island, Pl. 33040 Telephone: 305 -292 -4400 Request for funds of the Small Cities CD®G program will be presented to the State and will require [ 3 one signature [ two signatures of individuals as authorized below (Ceck one). Typed Name & Signature Typed Name & Signature Thomas W. Brown, Co. Administrator Wilhelmina Harvey, Mayor- Board of Co. Commissioner Typed Nee & Signatre Typed Name & Signature Jack London, Mayor ProTem BOCC Danny L. Kolhage, Clerk of Courts Anon-interest bearing account has been established at the financial institution listed below for deposit of CMG funds. C & S Bank 1188 (Monroe Co. Community Development; Name of Institution Account Number Block Grant P.O. Box 279 Marathon, Pl. 33050 Address of Financial Institution • I certify, as the recipient's Chief Executive Officer, that the above signatures are of the individuals authorized to sign requests for funds from the Small Cities Community Development Block Grand • Date Signature Typed Name and Title DCA USE V Y : L Date: Approved: • • SIGNATURES OF INravIrums AIMORIZID TO SUBMIT PAYMENT REWES S *Submit two original copies for each contract FL Recipient: Monroe County Contract # Adds: 5100 Jr. College Rd. Contact p erson: Robert L. Herman Stock Island, P1. 33040 Ted. 305 -292 -4400 Request for funds of the Small Cities CDBG param will be presented to the State and will require [ ] one signature [ X] two signatures of individuals as authorized below (Check one). Teed Name & Signature Typed Name & Signature Thomas W. Brown, Co. Administrator Wilhelmina Harvey, Mayor- Board of Co. Commissioner; Typed Nene & Signature Typed Name & Signature Jack London, Mayor ProTem B.00C Danny L. Kolhage, Clerk of Courts A non- interest bearing account has been established at the financial institution listed below for deposit of CDBG funds. C & S Bank 1188 -122 (Monroe Co. Community Development Name of Institution AcooLrst N Block Grant)! Number P.O. Box 278 Marathon, Pl. 33050 Address of Financial Institution I certify, as the recipient's Chief Executive Officer, that the above signatures are of the individuals authorized to sign requests for funds from the Small Cities m z ity Development Black Grant Date Signature Typed Name and Title DCA USE ONLY: • Date: Approved: ATTACHMENT C STATEMENT OF ASSURANCES The applicant hereby assures and certifies that: • (a) It possesses legal authority to enter into this agreement, and to execute the proposed program. (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the applicant's chief executive officer to act in connection with the application and to provide such additional information as may be required. (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. No member, officer, or employee of the Recipient, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or subcontract, the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. The Recipient shall incorporate or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes stated above. (d) It has complied with all the requirements of the State of Florida Intergovernmental Coordination and Review (IC & R) process, and that either: (1) Any comments and recommendations made by or through clearinghouses are attached and have been considered prior to submission of the application; or (2) The required procedures have been followed and no comments or recommendations have been received prior to submission of the application. (e) It has facilitated or will facilitate citizen participation by: (1) Providing citizens with an opportunity to participate in the determination of priorities in community development and housing needs; (2) Providing adequate notices for one or more public hearings; and (3) Holding one or more hearings on the proposed . application before adoption of a resolution or similar action by the local governing body authorizing the signing of the application. (f) Its chief executive officer or other officer of applicant approved by the State: (1) Consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 (NEPA) and other provisions of Federal law, as specified in 24 C.F.R. Part 58, which furthers the • purposes of NEPA, insofar as the provisions of such Federal law apply to the Community Development Block Grant Program; and (2) Is authorized and consents on behalf of the applicant and himself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his responsibilities as such an official. (g) The Community Development program has been developed so as to give maximum feasible priority to activities which will benefit low and moderate income families, or aid in the prevention or elimination of slums or blight. (The requirement for this certification will not preclude the State from approving an application where the applicant certifies, and the State determines, that all or part of the community development program activities are designed to meet other community development needs having a particular urgency as specifically explained in the application.) (h) It will comply with the regulations, policies, guidelines and requirements of 24 C.F.R. Part 85, OMB Circulars Number A -87, A -110, A -122 and A-102, Revised, as they relate to the application, acceptance, and use of Federal funds under this document. (i) It will comply with: (1) Section 110 of the Housing and Community Development Act of 1974, as amended, 24 C.F.R. Section 570.605, and State regulations regarding the administration and enforcement of labor standards; • (2) The provisions of the Davis -Bacon Act (40 U.S.C. 276 a- 5) with respect to prevailing wage rates (except for projects for the rehabilitation of residential properties of fewer than eight units); (3) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq:, requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one -half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (4) Federal Fair Labor Standards Act, 29 U.S.C. s. 201 et seq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one -half times their basic wage rates for all hours worked in excess of the prescribed work -week. (j) It will comply with all requirements imposed by the State concerning special requirements of law, program - requirements, and other administrative requirements, approved in accordance with OMB Circular No. A -102, Revised and 24 C.F.R. Part 85. (k) It will comply with: (1) Title VI of the Civil Rights Act of 1964 (Pub.L. 88- 352), and the regulations issued pursuant thereto (24 C.F.R. Part 1), which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90- 284), as amended, administering all programs and activities relating to housing and community development in a manner to affirmatively further fair housing; and will take action to affirmatively further fair housing in the sale or rental of housing, the financing of housing, and the provision of brokerage services; (3) E.O. 12259, Leadership and Coordination of Fair Housing in Federal Programs, requiring that programs and activities relating to housing and urban development be administered in a manner affirmatively to further the goals of Title VIII of the Civil Rights Act of 1968; (4) Section 109 of the Housing and Community Development Act of 1974 (ACT), as amended, and the regulations issued pursuant thereto (24 C.F.R. Section 570.601), which provides that no person in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds provided under the Act; (5) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973 shall also apply to any such program activity; (6) Executive Order 11063 on equal opportunity in housing and nondiscrimination in the sale or rental of housing built with Federal assistance; and (7) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto (24 C.F.R. Part 130 and 41 C.F.R. Part 60), which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and election for training and apprenticeship. (1) It will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, requiring that to the greatest extent feasible opportunities for training and employment be given to lower- income persons residing within the unit of local government in which the project is located; and that contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by, persons residing within the unit of local government. (m) It will: (1) To the greatest extent practicable under State law, comply with Sections 301 and 302 of Title III (Uniform Real Property Acquisition Policy) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and will comply with Sections 303 and 304 or Title III, and HUD implementing instructions at 49 C.F.R. Part 24; and (2) Inform affected persons of their rights and of the acquisition policies and procedures set forth in the regulations at 49 C:F.R. Part 24 and 24 C.F.R. Section 570.602. (n) It will: (1) Comply with Title II (Uniform Relocation Assistance) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and HUD implementing regulations at 49 C.F.R. Part 24 and 24 C.F.R. Section 570.606; (2) Provide relocation payments and offer relocation assistance as described in Section 205 of the Uniform Relocation Assistance Act to all persons displaced as a result of acquisition of real property for an activity assisted under the Community Development Block Grant program. Such payments and assistance shall be provided in a fair and consistent and equitable manner that insures that the relocation process does not result in different or separate treatment of such persons on account of race, color, religion, national origin, sex, or source of income; (3) Assure that, within a reasonable period of time prior to displacement, comparable decent, safe and sanitary replacement dwellings will be available to all displaced families and individuals and that the range of choices available to such persons will not vary on account of their race, color, religion, national origin, sex, or source of income; and (4) Inform affected persons of the relocation assistance, policies and procedures set forth in the regulations at 49 C.F.R. Part 24 and 24 C.F.R. Section 570.606. (o) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to s. 112.313 and s.112.3135, Fla, Stat. and 24 C.F.R. Section 570.611. (p) It will comply with the Anti- kickback (Copeland) Act of 1934, 18 U.S.C. S 874 and 40 U.S.C. S 276a, which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities. (q) It will comply with the provisions of the Hatch Act, which limits the political activity of employees. (r) It will give the State, HUD and the Comptroller General, through any authorized representatives, access to and the right to examine all records. (s) It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the program are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the State of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (t) It will comply with the flood insurance purchase requirements' of Section 102(a) of the Flood Disaster Protection Act of 1973. Pub. L. 93 -234, 87 s. 975, approved December 31, 1973. Section 103(a) required, on and after March 2, 1974, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area) that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. (u) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Part to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped," Number A- 117.1 -R 1971, subject to the exceptions contained in 41 C.F.R. Section 101 - 19.604. The applicant will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. (v) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a -1, et seq.) by: (1) Consulting with the State Historic Preservation Officer to identify properties listed in or eligible for - inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (w) It will comply with: (1) The National Environmental Policy Act of 1969 (42 U.S.C. s. 4321 et seq.) and 24 C.F.R. Part 58; (2) Executive Order 11988, Floodplain Management; (3) Executive Order 11990, Protection of Wetlands; (4) The Endangered Species Act of 1973, as amended (16 U.S.C. s. 1531 et seq.); (5) The Fish and Wildlife Coordination Act of 1958, as amended, (16 U.S.C. s. 661 et seq.); (6) The Wild and Scenic Rivers Act of 1968, as amended, (16 U.S.C. s. 1271 et seq.); (7) The Safe Drinking Water Act of 1974, as amended, (42 U.S.C. s. 300f et seq.); (8) Section 401(f) of the Lead -Based Paint Poisoning Prevention Act, as amended (42 U.S.C. s. 4831(b) et seq.) ; (9) The Clean Air Act of 1970, as amended (42 U.S.C. s. 7401 et seq.) ; (10) The Federal Water Pollution Control Act of 1972, as amended, (33 U.S.C. s. 1251 et seq.); (11) The Clean Water Act of 1977 (Public Law 95 -217); (12) The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975 (42 U.S.C. s. 6901 et seq.) ; (13) Noise Abatement and Control: Departmental Policy Implementation Responsibilities, and Standards, 24 C.F.R. Part 51, Subpart B; (14) Flood Disaster Protection Act of 1973, P.L. 93 -234; (15) Protection of Historic and Cultural Properties under HUD Programs, 24 C.F.R. Part 59; (16) Coastal Zone Management Act of 1972, P.L. 92 -583; (17) Executive Order 11593, "Protection and Enhancement of the Cultural Environment "; (18) Architectural and Construction Standards; (19) Architectural Barriers Act of 1968, 42 U.S.C. 4151; (20) Executive Order 11296, relating to evaluation of flood hazards; (21) Executive Order 11288, relating to the prevention, control and abatement of water pollution; (22) Cost - Effective Energy Conservation Standards, 24 C.F.R. Part 39; and (23) Section 8 Existing Housing Quality Standards, 24 C.F.R. Part 882. (x) It will comply with all parts of Title I of the Housing and Community Development Act of 1974, as amended, which have not been cited previously as well as with other applicable laws. (y) It will abide by the provisions of s. 116.111, Fla. Stat., pertaining to nepotism in its performance under this agreement. (z) The Recipient will include the provisions outlined in s. 287.055 and 287.058, Fla. Stat., when negotiating contracts for services. (aa) It has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdication against any individuals engaged in nonviolent civil rights demonstrations, and has adopted and is enforcing a policy of enforcing applicable State and federal laws against physically barring entrance or exit from a facility or location which is the subject of such nonviolent civil rights demonstration within its jurisdiction in accordance with section 519 of Public Law 101 -140 of the 1990 HUD Appropriations Act. (bb) It will comply with Section 319 of Public Law 101 -121, as provided in the "Governmentwide Guidance for New Restrictions on Lobbying; Interim Final Guidance" published in the December 20, 1989 Federal Register, which prohibits recipients of federal contracts or grants from using appropriated funds for lobbying in connection with a grant or contract, and requires that each person who requests or receives a federal contract or grant, and their subrecipients, disclose lobbying undertaken with non - federal funds (See Attachment D). (cc) It will expend a minimum of seventy (70) percent of the aggregate of CDBG funds for activities that meet the provisions of 24 C.F.R. Section 570.208(a) for benefiting low and moderate income persons. {' Attachment D CERTIFICATION REGARDING LOBBYING Certification for Contract. Grants. Loans and C000perative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL. "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any persons who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RECIPIENT BY Signature Type Name and Title 4 A } � r A V • STANDARD CONDITIONS 1. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. P 2. Extension of a contract for contractual services shall be in writing for a period not to exceed 6 months and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of the contract unless the failure to meet the criteria set forth' in the contract for completion of the contract is due to events beyond the control of the contractor. 3. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. 4. All bills for any travel expenses shall be submitted in accordance with s. 112.061, Fla. Stat. 5. The Department of Community Affairs reserves the right to unilaterally cancel this contract for refusal by the contractor to allow public access to all documents, papers, letters, or other material subject to the provisions of chapter 119, Fla. Stat., and made or received by the contractor in conjunction with the contract.