Item G17 G17
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
David Rice,District 4
Board of County Commissioners Meeting
March 20, 2024
Agenda Item Number: G17
2023-2267
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley
9:25 AM
AGENDA ITEM WORDING: Approval of Monroe County Comprehensive Plan Land Authority
Contract for Affordable Housing Project Analysis, a professional services agreement with First Housing
Development Corporation of Florida for the provision of a Subsidy Layering Review (SLR) for the
Sugarloaf Landings Project in a lump sum amount of$8,500 and future projects in an amount up to
$49,999.00 to assist Monroe County Comprehensive Plan Land Authority staff with review of
affordable housing projects seeking funding from the Authority.
ITEM BACKGROUND:
Due to the complexity and competitive nature of the State of Florida or US Government affordable
housing grant or funding applications, Land Authority retained Hana Eskra for assistance in reviewing
proposed affordable housing projects, including but not limited to review of applications, funding
requests, development pro-formas, and associated documents. Ms. Eskra recommended the Land
Authority retain First Housing Development Corporation of Florida to complete a Subsidy Layering
Review(SLR) to determine the minimum amount of funding needed for a project to be completed,
under the Low Income Housing Tax Credit and SAIL programs administered by the State of Florida
Housing Finance Corporation.
Currently, Rural Neighborhoods has requested in excess of$2 million from the Land Authority for
construction funding for the Landings at Sugarloaf project.
Other projects in the future may also request funding and Land Authority staff may be in need of Ms.
Eskra's expertise, as well as First Housing Development Corporation of Florida's SLR.
This contract has been structured to provide for consultant assistance for the current project under
review, as well as future projects that may need assistance.
PREVIOUS RELEVANT BOCC ACTION:
1/31/24 - BOCC approved Resolution 037-2024 nominating project for up to $2,240,000 in funding for
1907
a construction loan.
1/31/24 - GB added project to MCLA Acquisition List and approved Resolution 03-2024 for
construction funding loan up to $2,240,000 for 56 affordable housing units.
1/31/24 - GB retained Hana Eskra to assist in funding review.
INSURANCE REQUIRED:
Yes
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
First Housing Professional Services Contract Final.pdf
FINANCIAL IMPACT:
1908
MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY
CONTRACT FOR
AFFORDABLE HOUSING PROJECT ANALYSIS
THIS AGREEMENT ("Agreement) is made and entered into this day of
, 2023 by and between MONROE COUNTY COMPREHENSIVE PLAN
LAND AUTHORITY ("MCLA"), a land authority under section 380.0663(1), Florida
Statutes and Monroe County Ordinance Number 031-1986, whose address is 1200
Truman Avenue, Suite 207, Key West, Florida 33040 and First Housing
Development Corporation of Florida ("Contractor"), whose address is 107 S Willow
Avenue, Tampa, FL 33606
WHEREAS, MCLA has certain objectives as directed and established by the
Governing Board, and which are consistent with, and supportive of the Local laws
governing work performed under this Contract; and
WHEREAS, it has been determined that this Contractor can fulfill some of these
objectives as a provider of professional services; and
WHEREAS, Contractor desires to provide such services.
NOW THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows:
Section 1. SCOPE OF SERVICES
Contractor shall perform, and carry out certain duties as described, as well as other
agreed upon services as needed-
1. Provide general information and guidance on the low-income housing tax credit
process in Florida and general underwriting requirements for projects.
2. Assist with the evaluation of potential rental projects in Monroe County and their
financial viability by providing a Subsidy Layering Review (SLR)for each project
to determine the minimum amount of funding needed from the Monroe County
Land Authority for the project to be fully funded.
3. Attend video meetings as needed.
Contractor will endeavor to provide accurate information to the best of their ability
but does not guarantee the accuracy of that information.
Section 2. TERM OF AGREEMENT
The Agreement will begin on March 1, 2024, and will continue until December 31,
2025, unless terminated in accordance with Section 8, below.
1909
Section 3. COMPENSATION
Compensation to the Contractor will be as follows: The MCLA, in consideration of
the Contractor substantially and satisfactorily performing and carrying out the
objectives and duties herein, of the MCLA, in providing professional support
services shall pay the Contractor:
1. $8,500 per project.
1200 Truman Avenue #207, Key West, Florida 33040
Or by email to: mq :� �k ly. fL&Eky
2. The total billing pursuant to this Agreement shall not exceed $49,999 for the
duration of the Agreement.
By entering into this Agreement, the Contractor warrants that It understands that the
Compensation for all services under this Agreement is included in this section
(Section 3). There will be no payment for any additional expenses, including but not
limited to facsimile, mileage, per diems, or any other travel expenses. No Florida
Retirement System, health insurance, life insurance, Employee Assistance Program,
Annual, or Sick leave shall be paid.
Section 4. PAYMENT TO CONTRACTOR
1. Payment will be made on a monthly basis, according to the Florida Local
Government Prompt Payment Act, Section 218.70, Florida Statutes,within thirty
(30) days of execution of this Agreement.
2. Continuation of this Agreement is contingent upon annual appropriation by the
MCLA.
Section 5. INDEPENDENT CONTRACTOR
At all times and for all purposes, the Contractor, its agents and employees are
considered to be independent Contractors in their performance of the work
contemplated hereunder. As such, the Contractor, its agents and employees shall
not be entitled to any of the benefits, rights or privileges of MCLA employees.
Employees of the Contractor shall at all times exercise independent, professional
judgment and shall assume professional responsibility for the services to be
provided. The Contractor shall provide insurance, any benefits as desired, and
shall be responsible for all tax withholding.
Section 6. CONTRACT TERMINATION
Either party may terminate this Agreement with 30 days written notice to the other
party.
2
1910
Section 7. RECORDS
Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this Agreement or their
authorized representatives shall have reasonable and timely access to such
records of each other party to this Agreement for public records purposes during
the term of the agreement and for four years following the termination of this
Agreement. If an auditor employed by the MCLA or Clerk determines that monies
paid to Contractor pursuant to this Agreement were spent for purposes not
authorized by this Agreement, the Contractor shall repay the monies together with
interest calculated pursuant to Section 55.03 of the Florida Statutes, running from
the date the monies were paid to Contractor.
Florida Statutes Section 119.0701:
Contractor will:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that
does not exceed the cost provided in this chapter or as otherwise provided by
law.
(c) Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the public agency all public records in possession of the contractor upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
All records stored electronically must be provided to the public agency in a
format that is compatible with the information technology systems of the public
agency.
Section 8. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida applicable to Agreements made and to be performed entirely
in the State.
In the event that any cause of action or administrative proceeding is instituted for
the enforcement or interpretation of this Agreement, the MCLA and Contractor
3
1911
agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
Section 9. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms, covenants,
conditions and provisions of this Agreement, shall not be affected thereby; and
each remaining term, covenant, condition and provision of this Agreement shall be
valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original Intent of this
Agreement. The MCLA and Contractor agree to reform the Agreement to replace
any stricken provision with a valid provision that comes as close as possible to the
intent of the stricken provision.
Section 10. ATTORNEY'S FEES AND COSTS
The MCLA and Contractor agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, and court costs, as an award against the
non-prevailing party.
Section 11. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and
inure to the benefit of the MCLA and Contractor and their respective legal
representatives, successors, and assigns.
Section 12. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary MCLA
and corporate action, as required by law.
Section 13. COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement,
MCLA and Contractor agree to participate, to the extent required by the other
party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. The MCLA and Contractor specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to
4.
1912
this Agreement.
Section 14. NONDISCRIMINATION
The MCLA and Contractor agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party,
effective the date of the court order. The parties agree to 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, national origin; 2) Title IX of the Education Amendment of
1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973,
as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-
6107)which prohibits discrimination on the basis of age; 5) The Drug Abuse Office
and Treatment Act of 1972 (PL 29-255), as amended, relating to nondiscrimination
on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The
Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3) as amended, relating to confidentiality of alcohol and drug abuse patient
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC ss. 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing;
9) The Americans with Disabilities Act of 1990 (42 USC s. 1201), as may be
amended from time to time, relating to nondiscrimination on the basis of disability;
10) Monroe County Code Chapter 13, Article VI, 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.
Section 15. CODE OF ETHICS
The MCLA and Contractor both understand and agree that officers and employees
of the MCLA are required to comply with the standards of conduct for public
officers and employees as delineated in Section 112.313, Florida Statutes,
regarding, but not limited to, solicitation or acceptance of gifts; doing business with
one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain
information.
5
1913
Section 16. NO SOLICITATION/PAYMENT
The MCLA and Contractor warrant that, in respect to itself, it has neither employed
nor retained any company or person, other than a bona fide employee working
solely for it, to solicit or secure this Agreement and that it has not paid or agreed
to pay any person, company, corporation, individual, or firm, other than a bona
fide employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the Contractor agrees that
the MCLA shall have the right to terminate this Agreement without liability and, at
its discretion, to offset from monies owed, or otherwise recover, the full amount of
such fee, commission, percentage, gift, or consideration.
Section 17. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation
of the MCLA and the Contractor In this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any Agreement entered into
by the MCLA be required to contain any provision for waiver.
Section 18. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws,
ordinances, and rules and pensions and relief, disability, workers' compensation,
and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the MCLA, when performing their respective
functions under this Agreement within the territorial limits of the County shall apply
to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of the
County.
Section 19. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not
intended to, nor shall it be construed as, relieving any participating entity from any
obligation or responsibility imposed upon the entity by law except to the extent of
actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility.
Further, this Agreement is not intended to, nor shall it be construed as, authorizing
the delegation of the constitutional or statutory duties of the MCLA, except to the
extent permitted by the Florida constitution, state statute, and case law.
6
1914
Section 20. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to
or benefit of any service or program contemplated hereunder, and the MCLA and
the Contractor agree that neither the MCLA nor the Contractor or any agent,
officer, or employee of either shall have the authority to inform, counsel, or
otherwise indicate that any particular individual or group of individuals, entity or
entities, have entitlements or benefits under this Agreement separate and apart,
inferior to, or superior to the community in general or for the purposes
contemplated in this Agreement.
Section 21. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of MCLA in his or her
individual capacity, and no member, officer, agent or employee of MCLA shall be
liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
Section 22. INSURANCE POLICIES
As a pre-requisite of the work governed, the Contractor shall obtain, at his/her own
expense, insurance as follows within 10 days following execution of this
agreement:
General Liability of $300,000 Combined Single Limit and
Vehicle Liability of $200,000/$300,000
Professional Liability of $100,000 Per Claim/$300,000 Annual Aggregate
The Contractor shall provide, to the MCLA, as satisfactory evidence of the required
insurance, either:
• Certificate of Insurance
or
• A Certified copy of the actual insurance policy.
All insurance policies must specify that they are not subject to cancellation, non-
renewal, material change, or reduction in coverage unless a minimum of thirty (30)
days prior notification is given to the MCLA by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be
construed as relieving the Contractor from any liability or obligation assumed
under this contract or imposed by law.
The MCLA Commissioners, its employees and officials will be included as
7
1915
"Additional Insured" on general liability and vehicle liability policies.
Section 23. INDEMNIFICATION
The Contractor does hereby consent and agree to indemnify and hold harmless
the MCLA, its Board, and the Employees, and any other agents, individually and
collectively, from all fines, suits, claims, demands, actions, costs, obligations,
attorneys fees, or liability of any kind arising out of the sole negligent actions of
the Contractor or substantial and unnecessary delay caused by the willful
nonperformance of the Contractor and shall be solely responsible and answerable
for any and all accidents or injuries to persons or property arising out of its
performance of this contract. The amount and type of insurance coverage
requirements set forth hereunder shall in no way be construed as limiting the
scope of indemnity set forth in this paragraph. Further the Contractor agrees to
defend and pay all legal costs attendant to acts attributable to the sole negligent
act of the Contractor.
MCLA does hereby consent and agree to indemnify and hold harmless the
Contractor from all fines, suits, claims, demands, actions, costs, obligations,
attorneys fees, or liability of any kind arising out of the sole negligent actions of
the MCLA or substantial and unnecessary delay caused by the willful
nonperformance of the MCLA. Further MCLA agrees to defend and pay all legal
costs attendant to acts attributable to the sole negligent act of the MCLA.
At all times and for all purposes hereunder, the Contractor is an independent
contractor and not an employee of the MCLA. No statement contained in this
agreement shall be construed so as to find the Contractor or any of his/her
employees, contractors, servants or agents to be employees of the MCLA for
Monroe County. As an independent contractor the Contractor shall provide
independent, professional judgment and comply with all federal, state, and local
statutes, ordinances, rules and regulations applicable to the services to be
provided.
Section 24. ASSIGNMENT.
No assignment of this contract is permitted.
Section 25. NOTICES.
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned
receipt requested to the following:
1916
FOR MCLA:
Monroe County Comprehensive Plan Land Authority
Executive Director
1200 Truman Avenue, Suite 207
Key West, FL 33040
FOR CONTRACTOR:
First Housing Development Corporation of Florida
107 S. Willow Avenue
Tampa, FL 33606
Section 26. Entire Agreement
This agreement constitutes the entire agreement between the MCLA and Contractor
for the services contemplated herein. Any amendments or revisions to this
agreement must be in writing and be executed in the same manner as this
agreement.
Renewals may be executed by the Executive Director.
IN WITNESS WHEREOF, the parties hereto have set their signature the date first
above written.
Attest: Monroe County Land Authority
By: By:
Christine Hurley, Executive Director David P. Rice, Chairman
First Housing Development
Corporation of Florida
Approved as to form and legality By:
Edward Busansky, SVP
Gregory Oropeza, Esquire
9
1917