Item L08 L8
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: L8
2023-2236
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag
N/A
AGENDA ITEM WORDING: SUSTAINABILITY: A resolution of the Monroe County Board of
County Commissioners delegating authority to the Acting County Administrator and/or County
Administrator to act as the Certifying Officer in connection with grants from the U.S. Department of
Housing and Urban Development (HUD), including but not limited to Community Development Block
Grants, including CDBG mitigation program grant nos. IR036 and IR045; providing for severability;
and providing for an effective date.
ITEM BACKGROUND:
The federal department of Housing and Urban Development ("HUD")requires numerous documents to
be signed by a Certifying Officer from the County for grant projects funded through HUD. A HUD
regulation states that the Certifying Officer is the top elected official. However, the authority to sign as
Certifying Officer may be delegated by the Mayor to staff. The County has and will continue to have
numerous grant awards through the State from HUD, and will require the Certifying Officer to sign
documents. In order to maintain consistency in execution of the documents, a resolution has been
prepared to delegate the authority to sign as the Certifying Officer to the Acting County Administrator
and the County Administrator. It applies to all present and future HUD grant projects (including
subrecipient agreements).
PREVIOUS RELEVANT BOCC ACTION:
N/A
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
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STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Resolution -2024 delegation of authority for HUD grants.pdf
FINANCIAL IMPACT:
Effective Date: Upon Execution Expiration Date: Not Applicable
Total Dollar Value of Contract: N/A Total Cost to County: N/A
Current Year Portion: N/A Budgeted: N/A
Source of Funds: N/A CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A.
Revenue Producing: No If yes, amount:
Grant: No County Match: N/A
Insurance Required: No Additional Details: None
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RESOLUTIONNO. -2024
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS DELEGATING AUTHORITY
TO THE ACTING COUNTY ADMINISTRATOR AND/OR
COUNTY ADMINISTRATOR TO ACT AS THE
CERTIFYING OFFICER IN CONNECTION WITH GRANTS
FROM THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD), INCLUDING BUT NOT
LIMITED TO COMMUNITY DEVELOPMENT BLOCK
GRANTS INCLUDING CDBG MITIGATION PROGRAM
GRANT NOS. IR036 AND IR045; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, from time to time,Monroe County enters into grant agreements from the U.S.
Department of Housing and Urban Development(HUD) and/or subrecipient agreements in
which HUD was the agency that awarded the grant funds; and
WHEREAS, on or about March 2, 2024, Monroe County entered into a HUD grant,
Federally Funded Subrecipient Agreement IR036 under the Community Development
Block Grant Mitigation Program (CDBG-MIT) with the State of Florida Department of
Economic Opportunity (DEO) to repair the Rock Harbor Jetty in Key Largo utilizing funds
from Florida DEO (now Florida Department of Commerce); and
WHEREAS, on or about March 2, 2022, Monroe County entered into Federally Funded
Subrecipient Agreement IR045, also under the CDBG-MIT Program, with DEO/Florida
Department of Commerce,to repair the Tavernier Jetty in Tavernier,Florida,utilizing funds
from Florida DEO funded through HUD; and
WHEREAS, HUD Form 7015.15 (Request for Release of Funds and Certification) and
other HUD documents are required to be signed by the Certifying Officer; and
WHEREAS, HUD's instructions for Completing the Request for Release of Funds
and Certification state that the Certifying Officer is usually the chief elected official
for the responsible entity (in this case, Monroe County, the subrecipient); and
WHEREAS, administrative efficiency will be promoted if the Acting County
Administrator and/or County Administrator can sign and certify grant documents to
be submitted on behalf of Monroe County; and
WHEREAS, the Board of County Commissioners wishes to delegate authority to the
Acting County Administrator and County Administrator to sign and certify all
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necessary documents for any and all grants awarded by HUD, including but not
limited to CDBG-MIT grants IR036 and IR045.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, AS FOLLOWS:
1. Monroe County Board of County Commissioners and the Mayor of Monroe County do
hereby delegate to the Acting County Administrator for Monroe County, Florida, all
authority to act as Certifying Officer for Monroe County,Florida,under Section 104(g) of
the Housing and Community Development Act of 1974,as amended(42 U.S.C. § 5304(g))
(HUD Act), in connection with the receipt of assistance from the U.S. Department of
Housing and Urban Development(HUD)under Title I of the HUD Act, including but not
limited to assistance through grants IR036 and IR045.
2. Such authority hereby delegated includes, but is not limited to, the authority to execute
any and all certifications required under Section 104(g) of the HUD Act; the authority to
specify when appropriate that the subrecipient jurisdiction has fully carried out its
responsibility for environmental review, decision making and action under Section 104(g)
of the HUD Act; and the authority to consent to assume the status of a responsible Federal
Official under the National Environmental Policy Act of 1969 (NEPA) and other
provisions of law specified in regulations promulgated by HUD in 24 CFR Part 58.
3. This delegation of authority shall also extend to any successor Interim County
Administrator or County Administrator appointed by the Board of County Commissioners.
4. If any section, sentence, clause or provision of this Resolution is held to be invalid or
unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not be construed to render invalid or unconstitutional the remaining sections,
sentences, clauses or provisions of this Resolution.
5. This Resolution is made retroactive to March 2, 2022, the date on which grant agreements
IR036 and IR045 were executed.
6. This Resolution shall take effect immediately upon adoption.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 20th day of March 2024.
Mayor Holly Merrill Raschein
Mayor Pro Tem James K. Scholl
Commissioner Michelle Lincoln
Commissioner Craig Cates
Commissioner David Rice
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Holly Merrill Raschein, Mayor
Approved as to form and legal sufficiency:
Monroe County Attorney's Office 3-4-2024
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