06/21/2023 Rental Development Agreement Doe#2422627 Bk#3231 Pg#651
Recorded 0122/2023 446 PM Page t of 12
This instrument was prepared by` Piled and Recorded in Official Records of
Monroe County SfllP Program MONROE COUNTY KEVIN NLAI)OK,CPA
C/o Monroe CouqjSoeialServices
1100 Shnonton Street
Key Wev, F1,33040
SHIP AFFORDABLE BENT AL DEVELOPMENTAGREEMENT BETWEEN
.M.ONROE COUNTY STATE HOUSING INITIATIVES PARTNERSHIP
(SHIP)PROGRAM
AND
MONROE COUNTYAOUSING AUTHOR1,r..,y.--ScATTERED SITES
This SHIP Developmetil/Con structi on Agreement is made this �laay 066-Nel 2023, by
and between Monroe County, a political subdivision of the State of Florida, (hereafter
"County") and the Monroc County Housing Authority, a public body corporate and politic
created, organized, and existing under the laws of the State of'Florida (hereafter "Developer"),
for the services described in Scope of'Services. The parties agree as follows:
I Scope of`Services. The County, by ordinance, has adopted a Local Housing Assistance Plan (the
LI-JAP) in accordanee with Rule Chapter 67-37, Florida Adniinistrative Code, as part oil'the State
Housing Initiatives Partnership ("'SHIP ') Program which contains an Affordable Rental
Coil struction/Developm ent Strategy to provide funding fear the COnStRiCtIOn or purchase of,new
construction housing, or purchase ot'existing housing and the rehabilitation of', or additions to,
existing 11OLIShIg, Used for alTordable rental housing as referred to in section 420.0004, Florida
Statutes, 10 include I)el-SO]IS with special needs as defined in 420.000�4 Florida Statutes.
The Developer operates aftlordable rental units that provide housing to SHIP Income eligible
clients, to Include persons with disabilities, and will expert(] SHIP assistance for the purchase of
twenty (20) units in Monroe County Housing Authority — Scattered Sites to be constructed and
utilized as affordable rental units for income eligible individuals. The units shall be equally divided
between two separate locations: Big Pine Key and Conch Key. The Developer shall properly
procure and manage a Contractor to complete the project.
The total arnOL1111, Of SHIP funds to be expended will be FOUR HUNDRED FORTY-
THOUSAND DOLLARS AND NO CENTS ($440,000.00), This amou.n.1 sliall be divided
equally between the Big Pine Key and Conch Key sites. The funds shall be provided to the
Developer as reirnbursen-ient t.(.)r a portion of' the cost of constructing the new residential units
(hereinafter "'Downpaynictit"). Developer shall provide County with a copy of' the purchase
contract, I nvoice, cancelled check, bids and 111SL11-anGeS, in order to be reimbursed for the
downpayrnent.
Two Of(Ile units that shall be built shall be limited to households it or below kverny-fivel)erccrit
(25%)ol'the area median income ("A1\1[") at initial occupancy. The additional eighteen (18) units
shall be limited to households at or below eighty percent (80%)ol'the area median income cat initial
occupancy an(] will provide af1lordable 11OUSing 1101- SHIP income eligible individuals to include
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clients xvith special needs as defined in 420.0004 FS, The units Nvill be divided equally between
two locations: Big; Pine Key and Conch Key. Activity shall be completed ,vithin the bane period
provided in the construction schedule provided by tile Contractor.
2, Relation� . Nothing contained in. this Agreement shall be deemed OrCOuSn"Lled as creating
any other business relationship, partnership orjoint Venture between Developer and Monroe
County Board ol'County Cornmissioners/Monroe County and/or the Monroe County State
Housing initiatives Partnership (S111P) Program (hercinal'ter referred to as the "COUnty").
3. Manuel- of Performance; Warranties and Representations. Developer shall do, perform, and
carry Out in as professional and proj-.)er manner the set-vices described in the Scope of'Services.
I I)eveloper shall property supervise and direct coi-ripletion of construction or rehabilitation
measures on all units assigned under this agreement, Developer shall be solely responsible
for coordinating all work conducted under the contract and ensuring firoiely completion
according to the construction schedule.
Developer shall comply with all laws, ordinances, rules, regulations, and orders of' any
governmental authority bearing oil tile performance of' the work, including local building
codes, and obtaining permits. Developer shall be responsible flor the acts and omissions of'its
employees, Coll tractors, and subcontractors. Developer warrants that it is authorized by law to
engage in the performance of' the activities herein described, suh.ject to the terms and
conditions set forth in these Agreement documents. The Developer shall. at all tunes, exercise
independent, professional judgment and shall assume professional responsibility Im the
services to be provided.
Notwithstandi rig anything contained in tills SHIP Rental Development Agreement to the contrary,
the County acknowledges and agrees that the liability art(] obligations of the Developer hereunder
shall be limited to the Property and the revenues derived from the operation or transfer of'thc
Property.
NotNvithstanding anything contained herein to the contrary, nothing in this SHIP Rental
Development Agreement shall be deerned 01' Construed as as waivcr of any privilege, del'ense,
inuilunity, or other protection -which may be available tea the Developer or to the County under the
doctrine of sovereign firinurnity, or the limitations of liability contained in Section 768,28, Florida
Statutes. Likewise, any claim for indemnity against the Developer brought under this Rental
Agreement shall, to the extent applicable, comply kvith the procedural requirements and/or pre-
suit conditions contained in Section 768,28, Florida Statutes. The Developer (]tees not have any
taxing powers.
4. Pjiyrnent and Terins, of Assistance. This SHIP assistance is provided as a fiorgivable loan xvith a
term of :fifteen (1.5) years as required by section 420,9075(5)(i) of' the Florida Statutes and in
accordance with the LURA, A Developer that offers rental housing for sale before the fifteen (15)
year period must give a first right of'refusal to eligible nonprofit organizations for purchase art tile
Current market value for continued occupancy by eligible persons.
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The Developer will pay, when due, all taxes, assessments, water rates, and other governmental
charges, fines, nand impositions, of every kind and nature whatsoever, now, and hereafter imposed
on the mortgaged property, and will pay when due every amount of indebtedness Secured by any
lien ol'which the lien of this Mortgage is expressly subject. The Developer will keep,all buildings
nowv existing, Or which may hereafter be erected or installed in the land mortgaged hereby, insured
against loss by fire and other hazards, casualties, and contingencies.
The total amount of SHIP funds to be expended will be FOUR HUNDRED FORTY-
THOUSAND DOLLARS AND NO CENTS ($440,000.00), This arnount shall be divided
equally between the Big Pine Key and Conch Key sites. The funds shall be provided to the
Developer as as reinibursernent for the downpayinent, purchase, and iriallLifilCIIII-ing of the modular
units as referenced in the scope of services in Section I above. Developer shall submit to the
County an invoice, to include a canceled check, with the supporting documentation in a form,
acceptablc to the Clerk, no earlier than Junc 21, 2023., Developer invoices will be processed for
renriburseirient upon verification that all conditions under the agreement have been met.
Payments'"Jil be made according to the Florida Local Government Prompt Payment Act, Sections
218.70-218,80, Florida Statutes. Acceptability of the invoice to the Clerk is based on generally
accepted accounting principles and such Jaws, rules, and regulations as may govern the Clerk's
disbursal of funds. Invoices shall be sent to the County's SHIP Administrator who will review the
(10CLUTIentS Jbi, approval, Upon receiving all required approvals, the invoices) will be forwarded
to the County (..',Ierk's office for payment. The County is exempt fi-oni sales and use taxes.
The SHIP funds that have been conurritted are for two (2) units for SHIP income eligible clients
whose income is at or below 251YO AM] at initial occupancy and eighteen (18) units for S141P
income eligible clients whose income is at or below 80%of AMI at initial occupancy and the SHIP
funds accurnulate frown two (2) separate allocation years, which each have a separate expenditure
deadline. The dollar figures and expenditure deadlines are as follows:
2021/2022 $220,000.00 June 30, 2024
2022/2023 $220,000.00 June 30, 2025
Funds shall be expended in accordance with the SHIP program guidelines. The names and
demographics of the SHIPassisted tenant(s)inust be provided to the SHIP Office, including annual
income, number of household members, and age an(] race ofthe head of household.
S. Compliance Monitoring. All projects must be in compliance Nvith the rules and regulations of the
State Housing Initiatives Partnership Prograrri as authorized by Florida Statutes, Chapter 420.907,
and the Florida Adininistrative Code 67-37, and in particular related to:
a. Inconle linlits
b. Definition ofA ff'ordabi lit),
C, MaXinuln-i Rent
d. Non-discrimination
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The manager of the Monroe County Housing Authority — Scattered Sites Must remain in contact
with the Monroe County SHIP Office during the 15-year SHIP affordability period and must
remain in compliance with SHIP requirements and LURA. The manager must stay updated on
income qualification training by completing re-training at least once every three years.
Once annually on the date of income certification, staff from the Monroe County SHIP office Will
conduct a monitoring visitt to review income compliance and afflordability of rent/housing costs,
pursuant to and in accordance with Florida Statutes § 420,9075, as well as complete an inspection
ofthe physical, condition of the SHIP assisted units and the overall property,
3,0 days prior to this monitoring visit, the Developer will provide the following:
• A completed annual re-certification of incorne eligibility Jbi-each SHIP-assisted rental unit
using a residential income certification form.
• Proof of Affordability of`Units.
• Certilicate of Hazard Insurance naming M0111'0C County as co-insured.
G. Confidcritialitv. Developer agrees to keep confidential all client inforniation provided to
them, Contractor, and/or their employees by the County, except such information as is
already known to the public, and not to release, use, disclose sarne, directly, or indirectly, to
any other person or business, except with prior written permission of County.
7. Subcontracts. Developer shall not enter into any agreement with any contractor or
Subcontractor who has been debarred from performing work by any Agency of`the United
States Governnient or by the State of Florida. Developer shall be fully responsible for the
acts or omissions of`any contractors, and of"persons either directly or indirectly employed
by them. At no tirrie shall any contract or agreement between Developer and any contractor
be construcd as a relationship, formal or informal, between said contraclor and County.
8, Cominencement of Work, All work shall be completed as Outlined in the construction schedule and
all SHIP hands must be expended in accordance with the SHIP program guidelines.
9. Protection of Work aqLI PrqL)crty. Developer shall be responsible for initiating, maintaining, and
supervising all safety precautions and programs in connection with the work and complying kvith
all applicable laws, ordinances, rules, regulations. Developer shall take all reasonable precautions
I'm- the safety of', and shall provide all reasonable protection to prevent damage, injury, or loss to
(1) all employees on the work site and other affected persons, (2) all work and materials and
equipment at the site, and(3)other property at the site. Any damage or loss to any property caused
in whole or in pail by Developer, Contractor, or their employees, shall be remedied by Developer
and/or Contractor and County shall be held hariulcss.
10. Indeninification. Subject to Section 3 hereof, Developer agrees to be solely respon si 1)]e, and shall
hold harruless the County, its officers, directors, and employees for any and all claims brought
against either Developer, Contractor, or County, or for liabilities filUlrred by County as a result of
actions,or omissions by the Developer or Contractor, whether'Linder Workers' Compensation laws,
or under any other federal, state, or Municipal laws, rules, or regulations which may be applicable,
or any other set ofeircuinstances not specifically addressed herein.
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11. Insurance. The Developer shall obtain insurance as specified, and always maintain tile required
i.tistirance while this Agreement is in effiect. In the event the completion of the pr-oject (to include
the work of others) is delayed or suspended as a result of the Developer's failure to purchase or
maintain the required insurance, the Developer shall indeninify the County frorn any and all
increased expenses resulting from such delay.
The coverage provided herein shall be provided by an insurer with an A.M. Best rating ofV1 or
better, that is licensed to (to business in the State of Florida and that has an agent for service of
process within the State of Florida, The coverage shall contain an endorsement providing sixty
(60) days' written notice to the County prior to any cancellation of said coverage. Said coverage
sliall be w,ritteri by an I'11SUrer acceptable to the County and shall be in a form acceptable to the
County.
Developer shall obtain and maintain the flollmving policies�
A, "Workers'Compensation insurance as required by the State of Florida, stifficient,to respond
to Florida SWILIte 440.
13, Employers Liability Insurance with limits of'S1,000,000.leer Accident, $1,00O,000 Disease,
$1,000,000 Disease each employee.
C. Comprehensive Business AUtOrnobile and Vehicle Liability Insurance- $1,000,()()()�
D. Commercial General Liability Insurance- $1,000,0OR
E. Architects E&O to be inaintained by the Architect, ifapplicable_ $1,000,000.
F. Contractors E&O to be maintained by the General Contractor or Construction Manager-
$1,000,000.
G. Builders Risk- Frill Replacement Value of the Project,
H. Air Occurrence Form policy is preferred. If coverage is changed to or provided on it Claims
Made policy,its Provisions Should include coverage for clairns,filed on or after the effective
date of this contract. In addition, the period for which claims may be reported must extend
f'ora minimum of 48 months, following the termination or expiration of this contract.
I, County shall be named as ain additional insured Nvith respect to Developer's liabilities
hereunder in insurance coverages identified in Paragraphs C and D,
1. Developer shall require contractors and subcontractors to be adequately insured at least to
the limits prescribed above, and to any increased limits of Developer if' so required by
County during the term of this Agreement. County Will riot pay flor increased limits of
insurance.
K. Developer shall provide to the County certificates Of'inAtrance or a copy of all insurance
policies including those naming the Comity as an additional insured. The County reserves
the right to require a certified copy of such policies upon request,
I-. If the Developer participates in a self-insurance fund, a Certificate of' Insurance will be
required. In addition,the Developer may be required to subunit updated financial statements
from the I'M(] Upon request frorn the County.
12, Nondiscrimination, The Developer and County agree that there will be no discrimination against
any person, and it is expressly Lander-stood that upon as determininion by at coLirt of competent
.jurisdiction that discrimination has OCCUITed, this Agreement automatically terminates without air)'
further action on the part of any Party, effective the date of the court order, Developer agrees to
5,
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color,
religion, sex or national origin; 2) Title IX ofthe Education Amendment of 1972, as,amended (20
USC ss. 1681-1683, and 1685-1686),which prohibits discrim.ination on the basis of sex; 3) Section
504 of the Rehabilitation Act off 973, as amended(20 USC s. 794), which prohibits discrimination
on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-
6107)Nvhich prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment
Act of 1972 (PI, 92-255), as amended, relating to nondiscrimination on the basis of'drug abuse; 6)
The Comprehensive Alcohol Abuse and Alcoholism Preventioii,, 'It,eatiiieiitnand Rehabilitation Act
of' 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism- 7') 'File Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. (a90dd-3 and
290ee-3), as amended,relating to confidentiality of alcohol and drug abuse patient records; 8)Title
VH] of the CIN711 Rights Act of 1968 (42 USC s. 36,01 et seq.), as amended, relating to
nondiscrimination in the sale, rental or Financing of housing; 9) The Americans with Dis'abilitics
Act of' 199O (42 USC s. 12101 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of` disability; 10) Monroe County Code Chapter 14, Article 11,
which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry,
sexual orientation, gender identity or expression, familial status or age; and 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or
the subject matter of", this Agreement.
13, Florida Public Records Law (Florida Statute 119,0701). Developer must comply with Florida
public records laws, including but not limited to Chapter H 9, Florida Statutes and Section 24 of'
article I of' the Constitution of Florida. The County and Developer shall allow and perinit
reasonable access to, and inspection of', all:] documents, records, papers, letters or other "Public
record" materials in its possession or Under its control subject to the provisions of Chapter 119,
Florida Statutes,, and made or received by the County and Developer in conjunction with this
contract and related to contract performance.ormance. The County Shall have the right to unilaterally cancel
this C011fi-clCt upon violation oil'this provision by the Developer. Failure of the Developer to abide
by the terms of this Provision shall be deemed a material breach of this contract and the County
may enforce the terms of this provision in the form of a Court proceeding; and shall, as a prevailing
party, be entitled to reimbursement of all, at-torne �s fees and costs associated With that Proceeding.
Y
This provision shall survive any termination or expiration of the contract,
The Developer is encouraged to Consult with its advisors about Florida Public Records Law in
order to comply avith this provision.
Devel(,)per shall maintain all books, records, and documents directly pertinent to perlbi-mance
Under this Agreement in accordance with generally accepted accounting principles consistently
applied. Each party to, this Agreement and their authorized representatives shall have reasonable
and timely access to such records of each other party to this Agreement for public records and
auditing purposes during the term ofthe Agreement and for five(5)years flollowing the termination
of this Agreement. If an auditor employed by the County Or Clerk determines that monies paid to
Developer pursuant to this .Agreernent were spent for purposes not authorized by this Agreement,
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the Developer shall repay the monies together with interested calculated pursuant to Section 55.03
the Florida Statutes, running froin the date the monies were paid to Developer.
PUrAidn't to F.S. 119.0701, Developer, Contractor and any subcontractors shall comply with all
public records laws of the State offlorida, including but not firnited to:
a, Keep and maintain public records required by Monroe County in order to perfbrm the service.
b. I ipon request from the public agency's Custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter H 9
or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt front public records
disclosure requirements are not disclosed except as authorized by law for the duration of' the
contract term and following completion of the contract if the Developer does not transter the
records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in
possession of the Developer or keel) and i,naintain public records recluired by the public agency to
perform the service. If the Developer transfers all public records to the public agency upon
completion of the contract, the Developer shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Developer
keeps and maintains public records upon completion of the contract, the Developer shall meet all
applicable rcquirements for retaining public records. All records stored electronically must be
provided to Monroe COU]Ity, upon request from, the public agency's custodian of records, in a
format that is compatible with the information technology .systems of Monroe County.
Ifthe Developer does not comply with the County's request for records, the County shall ell(brce
the public records contract provisions in accordance with the contract notwithstanding the
Counly's option and right to unilaterally cancel this contract. Upon violation of this provision by
the Developer. A Developer who, fails to provide the public records to the County or pursuant to a
valid public records request within a reasonable time may be subject to penalties under Section
119.10, Florida Statutes,
Developer shall not transfer Custody, release, alter, destroy, or otherwise dispose of any public
records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE DEVELOPER HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, 1-0 THE DEVELOPER'S JDUJ I Y TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS, BRIAN BRADLEY, XF (305) 292-3470, 1111111111a 1m
I M 01)R,0CA"ou 11 tv I c/o Monroc Count, Attorney's Of 1111 12"' St., Suite 408,
Key West FL 33040.
14. bight to Audit.Availabilii,)�qfRecor(ls. The records of the parties to this Agreement relating to the
Project, which shall include but not be limited to accounting records (hard copy, as well as
computer readable data if' it can be made available; subcontract files (including proposals of
successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original
estimates'. estimating work sheets; correspondence; change order files (including documentation
covering negotiated settlements); back charge logs and supporting (10CLUTIC11tati0n; geuel-al ledger
entries detailing cash and trade discounts earned, insurance rebates and dividends; any other
7
supporting evidence deerned necessary by County or the Monroe C01.111ty Office of'the Clerk of
Court and Comptroller (hereinafter referred to as "County Clerk") to Substantiate charges related
to this agreement, and all other agreements, sources of information and matters that may III
COLInt,V'S or the County(.1erk"s reasonable judgment have any bearing,oil or pertain,to all),matters,
rights, duties or obligations under or covered by any contract dOCUITICIlt (all foregoing hereinafter
rel'erred to as "Records") shall be open to inspection and subject to audit and/or reproduction by
County's representative and/or agents or the Comity Clerk. County or County Clerk may also
conduct verifications such as,but not limited to, counting employees at the job site, witnessing the
distribution Of'payl-011, verifying payroll Computations, overhead computations, observing vendor
and supplier payments, miscellaneous allocations, special charges, verifying information and
aII10UlItS thl-OLIgh interviews and written confirniations with employees, contractors,
SUbcontractors, suppliers, and Developers representatives, All records shall be kept 1161- tell (10)
years after Filial Co repletion of'the Project, 'T'he County Clerk possesses the independent authority
to conduct an audit of Records, assets, an(l activities relating to this Project. 11' any auditor
employed by the Monroe County or County Clerk, determines that monies paid to Developer
pursuant to this Agreen-lent were spent for pill-poses not authorized by this Agreement or were
wrongfully retained by the Developer, the Developer shall repay the monies together with interest
calculate(] pursuant to Section 55,03, F.S., running from the date the nlonies were paid to
Developer. The i-ight to audit provisions SLII-ViVCS the termination of expiration of this Agreement.
15, Disagn-ceinents and Disputes. In the event that either Developer or County commence all action for
damages, injunctive relief, or to enforce the provisions of'this agreement, and either party prevails
in any Snell action, the Prevailing part), shall be entitled to an award of its reasonable attorneys' f1ces
and all costs incurred in connection therewith as determined by the Court ill any such action.
16. Governina Law, This Agreement shall be: governed by and COYIStRied in accordance with the
laws of'the State of 11orida applicable to contracts made and to be perlormed entirely in the
State. In the event that an), cause of'action or administrative proceeding is instituted for the
elif'orcenient 01'interpretation of this Agreement, County and Developer agree that venue shall
I ie in the 16"' Judicial Circuit, Monroe County, Florida.
I 7. ,Assigrinient. This agreement may not be assignecl without prior written consent ol'both parties.
This agreement will be binding upon, and will inure to the benefit of', each party's permitted
successors and assigns.
18. S eY e rability. The parties agree that the covenants of this agreement are severable and that if any
single clause or clauses shall be found unenforceable, the entire agreement shall not flail but shall
Ile construed and criforced without any severed Clauses in accordance with the ternis of this
agreement.
19. Notices. Any notice required or permitted under this agreement ,hall be in writing and hand
delivered or mauled, postage prepaid, to the other party by certified mail, returned receipt
requested, to, the fol low 1.11 g:
8
To the County: Roman Gastesi, Monroe County Administrator
1100 Simonton Street, Roorn 2-205
Key West, Florida 33040
And: Robert Shillinger, Monroe County Attorney
1111 121J1 Street, Suite 408
Key West, Florida 33040
And: Sheryl L. Graham, MC SHIP Administrator
1100 Simonton Street, boon' 2-257
Key West, Florida 33040
To (lie Developer: Randy Sterling, Executive Director
Monroe County Housing Authority
1400 Kennedy Drive
Key West, Florida 33040
20. Examination and Retention of Developers Records. Developer shall retain records relating to this
,contract for four (4) years after final payment is made pursuant. to this agreement. If ain audit,
litigation, or other action involving the records is started before the end of the l'our-year period,
records must be retained until all issues arising out of the action are resolved, or until, the end oftlic
four(4)year period,whichever is later. County, or any of its authorized representatives, shall have
access to Developer records.
21. Miscellaneous.
a. Force MajeUre. Due performance of any duty or obligation hereunder by either party shall be
excused if prevented by acts of God, intbrination providers or other service providers, public
enemy,war,terrorism, airy accident,explosion, fire, storm, earthquake, flood, strike, computer
outage, or virus, telecommunications l"ailure, or any other circurnstance beyond that partyls
reasonable control,
1). Waiver or Consent. Any fifilure by either of' the Ni-ties to comply with any obligation,
coveriant, condition, or agreernej)t contained herein may be waived in writing by the party
entitled to the benefits thereof, but such waiver or failure to insist on strict compliance with
such obligation, covenant, condition, or agreement shall not operate as a Nvaiver of or estoppel
with respect to any Subsequent or other failure. To be effective, any consent must be in writing
and signed by an authorized representative of that party.
c. Independent Parties. Nothing in this Agreement shall be construed as creating a partnership,
joint venture, fiduciary, or agency relationship between the parties, or as authorizing either
Harty to act as an agent for the other. The parties to this Agreement are independent parties,
22. Attestations. Developer agrees to execute such documents as the County may reasonably require,
including, but not being limited to, a Public Entity Crune Statement, an Ethics Statement, and 11
Vendor Certification Regarding Scrutinized Companies.
9
23, Attachments.
I. S H Ill A Uthorization for the Release of Information Form
2. SHIP Resident Income Certification
3. Special Needs or Disabling Condition Certification(II'Applicable)
4. SHIP Manual I t,..!..,-//www,.floi-i(iilioti.s ,or docs/defiqult- o-----s Ir "s,i
P!:qcs,c[qNs-niall ua I-oil I i
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24, L�,�-Verjfy. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the
Developer and any contractor or subcontractor shall register with and shall utilize the U` S.
Department of Homeland Security's E-Verify systern to verify the work authorization Mattis Of all
new employees hired by the Developer during the term of the Contract and shall expressly require
any contractor or subcontractor performing work or providing services pursuant to the Coritract to
likewise utilize the U.S. Department of Homeland Security's F-Verify system to verify the work
authorization status of' all new employees hired by the contractor or subcontractor during the
Contract term. Any contractor or subcontractor shall provide an affidavit stating that the contractor
or subcontractor does not employ, contract with or subcontract with an unauthorized alien. The
Developer shall comply with and be subject to the provisions of'Section 448,095, Florida Statutes.
**]"HE REST OF THIS PA(,3E WAS INTENTIONALL)l LEFT BLANK**
10
IN WITNESS WHEREOF, County, and Developer have executed this Agreement as of the date
first written above.
MONROE COUNTV:
By: Commission lolly Merrill Raschein
Mayor Pro Tern
STATE OF FLORIDA
COUNTY OF MONRO[",
Subscribed and sworn to (or affirmed) before me, by means of X"physical presence or 0 online
notarization, on ..-YVA4,1 r, (Date) by HoIly Merrill Raschein, She is
p.qsona Jj,y.-kLi B_Lqjifte or has produced (Type of Identification) as
identification.
N6711"AltRY PUf IC,'
00NE McGMW,4M
Notary PuNk
State of FloWa
COMMO HH210621
Expires 12/21n025
Apiptowd as to fortu and legal sufficienca
Monroc Cowihl Attomey's Offic!e
Clutsma Cory,Assistant County Attornev
Date 6 16 23
By: r10
iCastillo
Chairman, Monroe County HOUsinl;ALithority
STATE OF FLORID
COUNTY OF MONROE
Subscribed and sworn to (or affirmed) before arse, by illeacas of V/Physic al presence or ❑ on.litie
r �p11 rrcHr 1cti :roc or has �arc �ri ....._ (L)rk ) leyzrrcrn Castillo, C;lr�rir°rr�rrr. H i
�p
(Tyf) (aud cat➢ori) ras identifioati€n.
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