Item C18M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
Th e Florida Keys
Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
January 17, 2018
Agenda Item Number: C.18
Agenda Item Summary #3735
BULK ITEM: Yes DEPARTMENT: Social Services
TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham (305) 292 -4510
N/A
AGENDA ITEM WORDING: Approval of a Resolution authorizing the rescission of Resolution
015 -2005 and Amendment 1 to the Interlocal Agreement of 1993, releasing the Monroe County
Housing Authority from its duties and responsibilities for the administration of the Monroe County
State Housing Initiative Partnership (SHIP) Program and designating the Sr. Director of Social
Services of Monroe County as SHIP Program Administrator.
ITEM BACKGROUND: Monroe County BOCC and the Monroe County Housing Authority
(MCHA) entered into an Interlocal Agreement in 1993 in order to administer a variety of Federal,
State, and local housing programs in cooperation with Monroe County. The BOCC passed
Resolution 0 15 -2005 and Amendment 1 between the County and MCHA to address MCHA's
administration of the County's SHIP Program. Now, both parties mutually agree that due to current
funding strategies, the SHIP Program would best be administered by the County.
PREVIOUS RELEVANT BOCC ACTION: Resolution 015 -2005 and Amendment 1 which were
passed on January 19, 2005. The Interlocal Agreement of 1993 between Monroe County BOCC and
the Monroe County Housing Authority which was executed on April 14 1993.
CONTRACT /AGREEMENT CHANGES:
Rescinding Reso 015 -2005 and Amendment 1 to Interlocal Agreement of 1993
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
BACKUP -MCHA - ILA between Monroe County and MCHA
BACKUP Resolution 015 -2005
SHIP Resolution
FINANCIAL IMPACT:
Effective Date: 01/17/2018
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted: Yes
Source of Funds: Grant
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant: Yes
County Match:
Insurance Required: Yes
Additional Details:
If yes, amount:
REVIEWED BY:
Sheryl Graham
Completed
12/29/2017 1:47 PM
Pedro Mercado
Completed
12/29/2017 2:53 PM
Budget and Finance
Completed
12/29/2017 3:38 PM
Maria Slavik
Completed
01/02/2018 7:26 AM
Kathy Peters
Completed
01/02/2018 9:18 AM
Board of County Commissioners
Pending
01/17/2018 9:00 AM
GOVERNMENTAL INTERLOCAL AGREEMENT
BETWEEN
THE COUNTY OF MONROE, STATE OF FLORIDA
AND
THE MONROE COUNTY HOUSING AUTHORITY
This Interlocal Agreement (therein referred to as the "Agreement ") is dated as of
between the County of Monroe, State of Florida, (herein
refined to as "County "), a body politic having its principal office at 310 Fleming Street,
Key West, Florida, 33040, and the Monroe County Housing Authority, (herein referred to
as "MCHA "), a body politic organized under Chapter 421 F.S. and the U.S. Housing Act
of 1937, as amended, and having its principal office at 240 Sombrero Road, Marathon,
Florida 33050, referred to collectively as the "Parties ".
In consideration of the mutual covenants set forth below, under the Florida Interlocal
Cooperation Act of 1969, 163.01 F. S.
"To permit local governmental units to make the most
efficient use of their powers by enabling them to cooperate
with other localities" (governmental units) "on a basis of
mutual advantage and thereby to provide services and
facilities in a manner and pursuant to forms of governmental
organization that will accord best with geographic,
economic, population, and other factors influencing the
needs and development of local communities." NO --
MCHA and County hereby agree as follows:
SECTION I. APPOINTMENT OF MCHA.
To the end of providing fair, affordable, decent, safe an
hereby appoints MCHA to provide professional planning,
rn
d sanitary housing, the County'
management and administrative
services for and within the County pursuant to the provisions of all U.S. Department of
Housing and Urban Development (HUD), State of Florida's Department of Community
Affairs (DCA), and Florida Housing Finance Agency (FHFA) affordable housing
programs, (hereinafter the "Programs "). The County hereby authorizes MCHA to
subcontract for professional and technical services, per Programs' requirements, according
to the terms and provisions of the Agreement.
SECTION II. DUTIES OF MCHA.
A. To manage the Programs in full compliance with the requirements of all applicable
HUD, DCA, and FHFA regulations within the terms of this Agreement.
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B. To take such actions as may be necessary to comply promptly with any and all
governmental orders or other requirements affecting the Programs, whether
imposed by federal, state, or county authority. Nevertheless, MCHA shall take no
such action as long as the County is contesting, or has affirmed its intention to
contest any such order or requirement. MCHA shall notify the County in writing
of all notices of such orders or other requirements immediately upon their receipt.
SECTION III. ACCOUNTING AND ACCOUNTS.
Accounting functions will be performed by MCHA as follows:
A. Where required by the Programs, MCHA shall prepare all approved payments for
submittal to the ex officio clerk of the County for review and payment processing.
B. Where applicable, MCHA under direction of ex officio clerk of the County, shall
prepare all state and federal Requests for Funds.
C. Where otherwise required, MCHA shall maintain an operational budget ledger of
expenditures for administrative purposes only.
D. Where required by the Programs, County shall be responsible for fund expenditure
reconciliation, general ledger, and audit requirements.
SECTION IV. EXPENSES AND COMPENSATION.
A. Compensation shall be upon presentation of an invoice detailing each applicable
program, payment shall be issued on the first of the month for administrative
services to be performed in the upcoming month contingent upon the availability of
Program Funds. The amount shall be in accordance with the County approved
Programs as defined by state and federal program laws, rules and guidelines. The
payment shall represent payment for only allowable expenses pertaining to the
administration of the various housing programs. MCHA will keep records in
accordance with generally accepted accounting procedures and applicable program
guidelines.
B. MCHA Procurement Policy conforming to standards and regulations established by
U.S. HUD "PIH" 89 -45 shall be used unless any applicable Programs' law, rule, or
guideline are more restrictive.
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C. Should the County, State or Federal Governments require additional or special
services not specifically included in this agreement, MCIIA shall be separately
compensated. The amount of such compensation, and service shall be agreed on
by the County and MCHA and stipulated by an amendment pursuant to Section
XII of this Agreement.
SECTION V. INSURANCE
IN
(2) Comprehensive Commercial General Liability Insurance in the minimum
amount of Five Hundred Thousand Dollars ($500.000.00) for any single
occurrence of bodily injury or property damage for any liabilities as a
result of this agreement.
(3) Fidelity bond in the principal sum of Fifty Thousand Dollars ($50,000.00)
(4) Vehicle Liability Insurance with limits of One Hundred Thousand Dollars
($100,000.00) combined single occurence.
B. At all times during the term of this Agreement, the appropriate insurance coverages
carried by MCHA in relation to the operation of the Programs shall be extended
and kept current at the expense of MCHA and certificates of insurance provided
to the county upon request.
SECTION VI. RESPONSIBILITIES AS TO RECORDS AND REPORTS.
MCHA shall be responsible for records and reports, as follows:
A. MCHA shall establish and maintain a system of records, books and accounts in a
manner approved by I.T.S. HUD, DCA and FHF A. All records, books and
accounts will be subject to examination during regular business hours by any
authorized representative of the County, State or Federal Governments and subject
to F. S. 119 reference general public.
B. MCHA will comply with requirements of HUD, DCA, and FHFA to retain all
records for the required time periods.
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SECTION VII. INDEMNIFICATION AND HOLD HARMLESS.
MCHA shall, pursuant and subject to limitations of F.S. 163.01 and F.S. 768.28, defend,
indemnify and hold the County, its officials, employees and agents harmless, from any and
all claims, liabilities, losses and causes of action which may arise out of the performance of
the Agreement except such claims, liabilities, losses and causes of action which may arise
because of the County's negligent actions and omissions, and except for any court costs
and attorneys' fees of the County in defending any claims arising from any act or omission
of the County. All reference to indemnification of both parties, as agencies or subdivisions
of the State.. shall be subject to F.S. 163.01 and F.S. 768.28.
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SECTION VIII. ASSURANCE AGAINST DISCRIMINATION.
MCHA shall not discriminate against any person on the basis of race, creed, color, national
origin, sex, age, or any other characteristic or aspect which is not job related, in its
recruiting, hiring, promotion, terminating, or any other area affecting employment under
this Agreement or with the provision of services or goods under this Agreement. MCHA
shall be in compliance with Section 109 Clause of the Housing and Community
Development Act of 1974, amended.
SECTION IX. CERTIFICATIONS.
MCHA and any required subcontractor shall provide executed copies of:
• Non - Collusive Affidavit
• Public Entity Crimes Statement
• Certification regarding lobbying
• Certification regarding drug free workplace
• Certificates of insurance.
SECTION X. "TERM.
This Agreement may be terminated by either party upon one hundred eighty (180) days
written notification by certified mail. This Agreement shall commence the effective date of
execution.
SECTION XI. NOTICES.
Any notice required by this Agreement shall be hand delivered or sent by certified mail,
addressed to the Mayor of Monroe County and County Administrator at 310 Fleming
Street, Key West, Florida 33040, or to the Chairman, Monroe County Housing Authority,
240 Sombrero Road, Marathon, Florida 33050.
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SECTION XII. ENTIRETY: ALTERATION, BINDING EFFECT.
This Agreement is entire. The parties may not alter, amend, or modify it except by an
instrument in writing executed by both. This Agreement included all representations of
every kind and nature made by either party to the other and shall be binding on the
successors and assigns of the parties.
MONROE COUNTY
BOARD COi Y COMNZSIONERS
Jac ndon, Chairman/Mayor
(SEAL)
ATTEST:
C -
Danny Kolhage, Clerk o the Court
MONROE COUNTY HOUSING AUTHORITY
BY:
s_ Dennis J,- dlow, Chairman
(SEAT.)
ATTES
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
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RESOLUTION 015 -
TM75
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, RESCINDING RESOLUTION 340 -2004 AND APPROVING
AN AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE MONROE
COUNTY HOUSING AUTHORITY
WHEREAS, the Florida Interlocal Cooperation Act of 1969 authorizes governmental entities to enter into
agreements to efficiently use their powers, enabling cooperation with other localities for mutual advantage
and provision of services and facilities in a manner that will accord the best geographic, economic,
population and other factors influencing the needs and development k, local communities; and
WHEREAS, Monroe County and the Monroe County Housing Authority executed an Interlocal
Agreement in April 1993 for the purposes of administering a variety of federal, state and local housing
programs in cooperation with Monroe County; and
WHEREAS, the existing agreement appoints the Authority to provide professional planning, management
and administrative services for and within Monroe County for affordable housing; and
WHEREAS, the existing agreement lacks specificity as to the SHIP Program and its requirements; and
WHEREAS, the County Commission previously passed Resolution 340 -2004, but the amendment
attached thereto required revision, and
WHEREAS, Amendment I to the Interlocal Agreement, attached hereto as Exhibit A, specifically
addresses the Authority's administration of the County's SHIP Program;
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County,
Florida, that the County hereby:
Authorizes the execution of Amendment I, attached hereto as Exhibit A, to the existing
Interlocal Agreement, as amended; between Monroe County, State of Florida and the Monroe
County Housing Authority dated April 1993 for the purposes of administration of Monroe
County's State Housing Initiatives Partnership (SHIP) Program effective October 1, 2004.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a
regular meeting on said Board on the 19 day of Januar , A.D., 2005
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BOARD OF COUNTY COMMISSIONERS
Mayor Spehar
Yes
OF MONROE CO Y, FLORIDA
Commissigner McCoy
Yes
CQ1(36YCe
Yes
By:
ontnQiss ne, ent
YeS
Mayor Spehaz
°Ctiinmiss 'T�Ison
Yes
_r
(SEAL)
L Rol age,
CLERK
` Deputy Clerk
MONROE COUNTY ATTORNEY
PROVED F
AS TO
ZANNE k HUTION
ASSISTANT COUNT A RNEY
Date Z ��
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BOCC Exhibit A
Amendment #1, Interlocal Agreement
AMENDMENT #1
TO
INTERLOCAL AGREEMENT
BETWEEN
THE COUNTY OF MONROE, STATE OF FLORIDA
AND
THE MONROE COUNTY HOUSING AUTHORITY
WHEREAS, Monroe County, State of Florida, (herein referred to as "County "), a body politic
having its principal office at 1100 Simonton Street, key West, Florida 33040, and the Monroe
County Housing Authority, (herein referred to as "MCHA "), a body politic organized under
Chapter 421, F.S. and the U.S. Housing Act of 1937, as amended, and having its principal office
at 240 Sombrero Road, Marathon, Florida 33050, referred to collectively as the "Parties"
executed an Interlocal Agreement dated April 14, 1993; and,
WHEREAS, the Parties agree to amend the aforementioned Interlocal Agreement, for the
purposes of clarification relative to the specific operation of Monroe County's State Housing
Initiatives Partnership (SHIP) Program, and;
NOW THEREFORE, the Parties agree to the addition of the following language to the
Agreement, applicable specifically to the implementation and administration of the Monroe
County State Housing Initiatives Partnership (SHIP) Program:
SECTION III. ACCOUNTING AND ACCOUNTS
E. MCHA's Certified Public Accounting firm will provide the County monthly with
a Certification that all payments were utilized for administration as identified in
the County's approved Local Housing Assistance Plan.
SECTION IV. EXPENSES AND COMPENSATION
D. MCHA for administration, reporting and monitoring of the SHIP Program, shall
receive as compensation 10% of the annual SHIP State Allocation, and 5% of
Program Income collected in the previous fiscal year. These amounts shall be
evenly distributed over the life of administering the SHIP Program. The
beginning balance for distribution during the current plan year will be the
percentage of the actual State contract and the calculated Program Income less
any funds that were previously paid for the first two years of the program cycle
and current plan year (i.e. FY 2002 -03, 2003 -04, and 2004 -05).
MCHA for providing Homeownership Counseling (formerly Fair Housing)
services shall receive compensation on a reimbursable basis as annually
budgeted and approved by the County.
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BOCC Exbibit A
Ammhner t #1, IntMocal Aggeemeffi
E. Monroe County, upon receipt of an invoice, shall compensate MCHA monthly,
that amount which represents 1 /12 of the total funds approved and available as
stated in Section IV (D) above.
SECTION VI. RESPONSIBILITIES AS TO RECORDS AND REPORTS
C. MCHA shall provide the County quarterly with SHIP Tracking Reports, detailing
all SHIP program expenditures, commitments and demographic compliance data.
FURTHER, the parties agree, all other provisions of this Agreement, as amended, not
inconsistent herewith, shall remain in full force and effect.
FURTHER, the parties agree, that this amendments shall be effective October 1, 2004
Passed and adopted, by the Board of Cou ty Commissioners of Monroe County, Florida at the
regular meeting of said Board on the /9f * day of January 2005, A.D.
MONROE COUNTY
BOARD OF COUN COMMISSIONERS
By:
(SEAS,) Mayor
ATTEST: Danny Kolhage, Clerk of the County
B c A &5 J�y
Deputy Clerk
Zu:zfnne D AS TO F
ATE:
A. tt n, Asst. Co. Atty.
MONROE C UNTY HOUSING AUTHORITY
By:
(SEAL)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY: DATE:
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DOCC Exhibit A
Amendment #1, Interlocal Agreement
E. Monroe County, upon receipt of an invoice, shall compensate MCHA monthly,
that amount which represents 1/12' of the total funds approved and available as
stated in Section IV (D) above.
SECTION VI. RESPONSIBILITIES AS TO RECORDS AND REPORTS
C. MCHA shall provide the County quarterly with SHIP Tracking Reports, detailing
all SHIP program expenditures, commitments and demographic compliance data.
FURTHER, the parties agree, all other provisions of this Agreement, as amended, not
inconsistent herewith, shall remain in full force and effect.
FURTHER, the parties agree, that this amendments shall be effective October 1, 2004
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Passed and adopted, by the Board of Cou ty Commissioners of Monroe County, Florida at the
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regular meeting of said Board on the H6 day of January 2005, A.D.
CA
MONROE COUNTY
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4 ' ' BOARD OF CO UN COMMISSIONERS
By .
``
(SEAL) Mayor
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ATTEST: Danny Kolhage, Clerk of the County
B C'. `°-
Deputy Clerk
APPRQ.VED AS TO F
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.. ATE: �
uzanne A. tt n, Asst. Co. Atty.
�
MONROE COUNTY HOUSING AUTHORITY
By:
(SEAL)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
DATE:
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WHEREAS, the Florida Inter-local Cooperation Act of 1969 authorizes governmental entities to
enter into agreements; and
WHEREAS, Monroe County (County) and the Monroe County Housing Authority (MCHA)
entered into an Inter-local Agreement in April 1993 for the purposes of administering a variety
of federal, state and local housing programs in cooperation with Monroe County; and
WHEREAS, the Monroe County Board of County Commissioners previously passed Resolution
015-2005 authorizing the execution of Amendment I between the County and MCHA
specifically to address the MCHA's administration of the County's State Housing Initiative
Partnership (MC SHIP) Program; and
WHEREAS, both parties mutually agree that due to current funding strategies, the MC SHIP
program would best be administered by the County.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Monroe County,
Florida, that the County hereby:
1. Authorizes the rescission of Resolution 015-2005 and Amendment I to the Inter-local
Agreement of 1993, releasing the Monroe County Housing Authority from its duties
and responsibilities for the administration of the Monroe County State Housing
Initiative Partnership Program and designating the Sr. Director of Social Services of
I
2. Authorizes the approval of Amendment 2, attached hereto, to the existing Interlocal
Agreement, as amended, between Monroe County, State of Florida and the Monroe
County's State Housing Initiatives Partnership (Ship) Program Effective October 1,
2004.
3. For purposes of clarification as to the identification of the SHIP Program Administrator
references in Resolution 091-210 (authorizing execution of insurance proceeds) and
resolution 078-2002 (authorizing execution of mortgage subordination documents),
the Sr. Director ■ Social Services for Monroe County shall be recognized as the
I . t!
- egular meeting of said Board ■ day of 2018.
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By:
David Rice, Mayor
Mayor David Rice
Mayor Pro Tern Sylvia Murphy
Commissioner Danny Kolhage
. . r Heather Carruthe
AMENDMENT #2 TO
1XITEI-LOCA, L AGREEMENT BETWEE19
M
WHEREAS, the Parties agree to amend the aforementioned Interlocal Agreement for the
purposes of clarification relative to the specific operation of Monroe County's State Housing
Initiatives Partnership SHIP Program;
NOW THEREFORE, the Parties agree to the amendment of the following language
the Agreement applicable specifically to the implementation and adirrinistration of the Monr
County State Housing Initiatives Partnership (SHIP) Program: I
All other provisions of the Interlocal Agreement dated April 14, 1993 not inconsistent herewith,
shall remain in full force and effect.
IN WITNESS WHEREOF, each party caused this AMENDMENT #2 to be executed by its duly
authorized representative this 17th day of January, 2018.
(SEAL)
Attest: KEVIN MADOK, CLERK
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By:
MONROE COUNTY HOUSING AUTHORITY
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Manuel Castillo, Executive Director