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Item N2 BOARD OF COUNTY COMMISSIONERS AGENDAITEMS~ARY Meeting Date: January 19,2005 Division: Monroe County Housing Authority Bulk Item: Yes XX No Department: Special Programs Office AGENDA ITEM WORDING: 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. ITEM BACKGROUND: The Monroe County Housing Authority has been the Administrator for the Monroe County's State Housing Initiatives Partnership (SHIP) Program under the terms of an interlocal agreement from 1993 and amended in September 2004. This amendment provides for further clarification on the method of payment/reimbursement of administrative funding, Revisions were coordinated with the Clerk of the Circuit Court's staff. PREVIOUS RELEVANT BOCC ACTION: Approval of the existing Interlocal Agreement in April 1993 and approval of Resolution 304-2004, September 21,2004, the amendment to be rescinded. CONTRACT/AGREEMENT CHANGES: The proposed amendment to the Interlocal Agreement provides specific functions and responsibilities relative to the administration of the Monroe County SlllP Program and provides for a consistent method of payment/disbursement of administrative funding. STAFF RECOMMENDATION: TOTALS COST: $0.00 BUDGETED: Yes X No COST TO COUNTY: $0.00 SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No-X- AMOUNT PER: Month Year APPROVED BY: County Attorney. _ OMB a ng _ Risk Management _ DEPARTMENT APPROVAL: J. el Castillo, Sr" Executive Director onroe County Housing Authority DOCUMENTATION: Included XX To Follow _ Not Rerired- AGENDA ITEM # Ad- DISPOSITION: RESOLUTION - 2004 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 of 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 1, 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 fJUTPOses 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 _ day of . AD., 2004 Mayor Spehar Commissioner McCoy Commissioner Rice Commissioner Neugent Commissioner Nelson BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor Spehar (SEAL) ATTEST: Danny L. Kolhage, CLERK By: Deputy Clerk MONROE COUNTY ATTORNEY PROVED AS TO F Page 1 of 1 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% ofthe 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. Page 1 of2 BOCC Exhibit A Amendment #1. Interlocal Agreement E. Monroe County, upon receipt of an invoice, shall compensate MCHA monthly, that amount which represents 1/12th of the total funds approved and available as stated in Section N (0) above. SECTION VI. RESPONSmILITIES 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 County Commissioners of Monroe County, Florida at the regular meeting of said Board on the _ day of January 2005, A.D. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS By: (SEAL) Mayor ATTEST: Danny Kolhage, Clerk of the County By: Deputy Clerk ~VED~ ., . ATE: "...one K D, Asst. Co. Atty. # MONROE COUNTY HOUSING AUTHORITY By: (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: DATE: Page 2 of2