HomeMy WebLinkAboutResolution 162-1993
RESOLUTION 162-1993
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
ESTABLISHING A GOVERNMENTAL INTERLOCAL
AGREEMENT BETWEEN THE COUNTY OF MONROE,
STATE OF FLORIDA AND THE MONROE COUNTY
HOUSING AUTHORITY IN ACCORDANCE WITH THE
FLORIDA INTERLOCAL COOPERATION ACT OF 1969,
163.01, F.S.
WHEREAS, Chapter 163.01 F.S. permits local governmental units to
make the most efficient use of their powers by enabling them to cooperate;
and
WHEREAS, the County of Monroe and the Monroe County Housing
Authority have, since 1975, with the establishment of the initial County
Housing Assistance Plan, so cooperated in providing affordable housing to
the County; and
WHEREAS, the Monroe County Housing Authority, on behalf of the
County and by direction of the County Commission, has acted as the official
agent in the implementation of all state and federal affordable housing
programs, inclusive of Community Development Block Grant programs,
Section 8 assisted housing programs, public housing programs, and rental
rehabilitation programs; and
WHEREAS, Monroe County has appointed the Monroe County
Housing Authority as the County's Fair Housing Board; and
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WHEREAS, by Monroe County Ordinance ~2~ 993;:b M@roe
County has designated Monroe County Housing Authori~'the responsibility
for administration and implementation of the Local tJousing t:Xssis~nce
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NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners of Monroe County, Florida, that the County hereby resolves
the approval of the governmental interlocal agreement appointing the
Monroe County Housing Authority, to the end of providing fair, affordable,
decent, safe and sanitary housing, in providing professional planning,
management, and administrative services for and with the County pursuant
to the provisions of all U.s. Department of Housing and Urban
Development, State of Florida's Department of Community Affairs, and the
Florida Housing Finance Agency's affordable housing programs.
PASSED AND ADOPTED, by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting of said Board on the 1 4 t h
day of Apr iI, A.D., 1993.
Mayor London Yes
Mayor Pro Tem Cheal Yes
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner Reich Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
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(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By ibat..J... c' fJv~
lSlmmyxK~~>€tem~dre&un
Deputy Clerk
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Approved as to form
and legal sufficiency: &-ft' . ~ ate:
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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
~ I~ /993 ,between the County of Monroe, State of Florida, (herein
referred 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. "
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MCHA and County hereby agree as follows:
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SECTION I. APPOINTMENT OF MCHA.
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To the end of providing fair, affordable, decent, safe and sanitary housing, the cbuntY J
hereby appoints MCHA to provide professional planning, 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 (FHF A) 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.
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SECTION II. DUTIES OF MCHA.
A. To manage the Programs in full compliance with the requirements of all applicable
HUD, DCA, and FHF A 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 shal1 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 shal1 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 shal1 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 "Pili" 89-45 shal1 be used unless any applicable Programs' law, rule, or
guideline are more restrictive.
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C. Should the COImty, State or Federal Governments require additional or special
services not specifically included in this Agreement, MClIA 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
A. MClIA shall maintain separate worker's compensation insurance and fidelity bonds
covering its personnel who are engaged in the operation of the Programs as
follows:
(I) Applicable worker's compensation insurance classification.
($100,000 employer's liability)
(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 MClIA 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. RESPONSmII~ITIES AS TO RECORDS AND REPORTS.
MCHA shall be responsible for records and reports, as follows:
A. MClIA shall establish and maintain a system of records, books and accounts in a
mauner approved by U.S. HUD, DCA and FHFA. 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
10 F.S. 119 reference general public.
B. MCHA will comply with requirements of HUD, DCA, and FHF A to retain all
records for the required time periods.
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SECTION VII. INDEMNIFICATION AND HOW 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.
SECTION VIII. ASSURANCE AGAINST DISCRlMINATION.
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 temnnated 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 requiJ:ed 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
ins1rument 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.
SIONERS
Jac don, ChairmanlMayor
(SEAL)
ATTEST:
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Danny Kolhage, Clerk o( the Court
MONROE COUNTY HOUSING AUTHORITY
BY:
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DennisJ_W:ii1fiow, Chairman
(SEAL)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
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