Item M1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 15, 2004
Division: Monroe County Housing Authority
Bulk Item: Yes X
No
Department: Special Programs Office
AGENDA ITEM WORDING: A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA APPROVING AN AMENDMENT TO THE
INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF MONROE, STATE OF FLORIDA
AND THE MONROE COUNTY HOUISING 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. This Interlocal Agreement is broad in scope and the basis for administration of a
wide variety of housing programs.
PREVIOUS RELEVANT BOCC ACTION: Approval of the Existing Interlocal Agreement in April
1993.
CONTRACT/AGREEMENT CHANGES:
The proposed Amendment to the Interlocal Agreement provides specific functions and responsibilities
relative to the administration of the Monroe County's SHIP Program and provides for a consistent
method of administrative funding.
STAFF RECOMMENDATION:
TOTAL COST:
COST TO COUNTY:
$-0-
$-0-
BUDGETED: Yes
No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No
.Ju. lA\ ~
APPROVED BY: County A~ OMB
DIVISION DIRECTOR APPROVAL: \
J. Castillo, Sr., Executive Director
onroe County Housing Authority
AMOUNT PER: Month
Year
Risk Management_
DOCUMENTATION:
Included X
To Follow
Not Required_
AGENDA ITEM # Ail -. /
DISPOSITION:
Rev. 01/03
RESOLUTION
- 2004
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA APPROVING AN AMENDMENT TO THE INTERLOCAL
AGREEMENT BETWEEN THE COUNTY OF MONROE, STATE OF FLORIDA AND THE
MONROE COUNTY HOUISING AUTHORITY
WHEREAS, the Florida Interlocal Cooperation Act of 1969 provides the statutory authority for
governmental entities to enter into agreements to make the most efficient use of their powers by
enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide
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 is broad in scope and general in nature, lack specificity as to the
SHIP Program and its requirements.
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 between Monroe County, State of Florida and the Monroe County
Housing Authority dated April 1993 for the purposes of administration of Monroe
County's State Housing Initiatives Partnership (SHIP) Program.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a
regular meeting on said Board on the _ day of , A.D., 2004
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor Nelson
Commissioner Rice
Mayor Emeritus Neugent
Commissioner McCoy
Commissioner Spehar
By:
Mayor Nelson
SEAL
ATTEST:
" ,. T FOF.M:
:,,~ HUHC,jDate: ~
..NTY Ai'
Page 1 of 1
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BOCC Exhibit A
Amendment I, 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 Initiative 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% of the annual SHIP State Allocation, of and 5% of
Program Income.
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 IV (D) above.
SECTION VI.
RESPONSIBILITIES 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.
Page 10f3
BOCC Exhibit A
Amendment I, Interlocal Agreement
D. MCHA shall provide the County annually with a SHIP Annual Report
E. MCHA shall provide the County with a BOCC approved Monroe County Local
Housing Plan and amendments as approved or amended.
FURTHER, the parties agree, all other provisions of the Agreement, not inconsistent herewith,
shall remain in full force and effect.
FURTHER, the parties agree, that this amendment shall be 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 , A.D., 2004
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor Nelson
Commissioner Spehar
Commissioner Neugent
Commissioner McCoy
Commissioner Rice
By:
Mayor Nelson
(SEAL)
ATIEST:
Danny Kolhage, Clerk of the County
APPROVED AS TO FORM
AND LECAL SUFFICIENCY:
DATE:
Page 2 of 3
(SEAL)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
BOCC Exhibit A
Amendment I, Interlocal Agreement
MONROE COUNTY HOUSING AUTHORITY
DATE:
Page 3 of3
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GOVERNMENrAL lNlERLoCAL AGREEME."'IT
BETWEEN
nm COUNtY OF MONROE, ST~1'E OF FLORIDA
.AND .
THE MONROE COUNIYBOUSlNG AuniORrrY
-----.
this Interlocal . Agreement (1hcrcm rcfcacd 10 as the "Agrcc:mcnt") is dated as of
~ I~ 1""1 ,baw~ the county of Monroe, State of Florida, (herein
Crrcd to as "County'). a body poJmc haWIg its ~ o16cc at 310.FJ~g Street,
Key WC3t, Florida, 33040, IIlCl tho Monroo Coamy HousiDg Aud1orlty, (herein rcfezred to
as "MCHA"). a body politic Oa~.i~ undcrCbapta' 421 F.S. and the US. Housing Act
of 1937, as MrlCDded.. and baviag its prlneipa1 aflico at 240 Sombrero Raid, Maratb.cm,
Florida 33050, rcfcm:d 10 coIIcdivcly as tho "PartieS'.
In consideration of the 111J1fI1~ coveD3DfS set forth below, under 1hc Florida Jntcrloca1
Cooperation Act of 1969, 163.01 F.S.
"ro ~ Joca1 soY"'"""'t!'!nbI UDits to mab the most
efRd~t use of 1hcir powers by cuabtiDg them 10 cooperate
with othc:r ~1iti~. ~~ UDits) "011 a basis of
IlWtUlll adv.".. met 1hacby to provide services am!
fiao'1mC$ in a mmnCf and puauaDt to fonns of gowmmcmal
OJ'8I'ni7Mimt 1bat will ICCOI'd best with pographic,
economic. popuIaticm, and other factors in1lw:ncing the
Ileeda and dcvcIopment of1ocal ~tiea."3
MCHA and County hereby aar= as foDaws:
SECTION L APPOINTMENT OF MCHA.
To the end of providing fair,.,'iffbrdablc, decent, safe and unitmy. housiD& the County'
hereby appoints. MCHA:to ~ professional planni,1s. m:m~cnt and admm;gtratiw
scniccs for and within.,the coUDty puri1WIt to the proWioDs; of aD U.S. Department at
Housing and Urban :D~ (HUD), State of. Florida's Department of CommumtY
Affain (DCA), and Florida Housing F1"~ Agency (FHF A)aff'ordablc housing'
programs, (bcrein.aftcr the "Programsj. The CoUnty hereby authorizes MCHA to
subcontract for professional and techniCal seMCCSy per Programs' rcquiicmcnts, according
to the tctms and provisions ofthc Agreement.
SECTION n. DUl1ES OF MCHA.
~ . . . . .. ~ .,. o' . ~ 4.
A. To managc~c'Prosrams iri full COmpliance With.'th~ requirements of aU.~pplic:lble
HUD, DCA.; and FHFA regulations within the tcm1S of this Agreement.
I
r---,
B. To take such actiODl as may be nccc:ssary to comply promptly with any and an
govcmmcntal orders or other ~~ affcctiug the Programs, whether
imposed by f~ state, or county authority. Nc:wrthdcss, MCHA shall take no
such action as long 3S the County is comc:stin& or has 2ffinncd its intention to
contest my such order or requircmc:Dt. MelIA shall notify the County in writing
of all notices of such orders or other n:quircmcn1s immediately upon their receipt
SECTION m. ACCOUNIING AND ACCOt.JNTS.
Accounting fimc1ions will be pcrfonncd by MCHA as follows:
A. ~P'bJ..~.~~}:(Q!.~,;~~'-_;~~p~,for;
submittal to 1ho . ~ clclt of the Coamy'forn:vieW ana pi)'meDt ~ing "
B. Where applicable, MCHA under direction of ex officio clerlc of the CountyJ shall
pteparC all state and federal Rcqucs1S for Funds.
C_
When: otherwise tcqUiIcd, MCHA shall ttl3intai~ an opcratioIW budget ledger of
c:xpenditurc:s far 2lfmini",h.Dw purposes only.
('.
D. \\'lu:rc rc:quired by tha PrD.ams, Caamty shall be ~1c for fimd cxpcnditnrc
~'1i:l1iOD, gmcral1cdgcr, and audit rcquiL""I"tt~.
t:.,.
SECTION IV. EXPENSES AND COMPENSATION.
A. Compcmation shall be upon prcsf'!ftt:lh()lt of :Ill invoice dct:liln,g each. applicable
program: payment shaD be issued on dlo fiDt of tho mcmdl for amnil\~tt.uw
SCI'\iccs to be pcdblD1cd in the upcoming month commp upon 1hc avaiJability of
Program Fund&. The amount sbaJ1 be in accordmce with tho County approved
Programs as defined by state and fcdcra1 program laws, rules and guid~. the:
payment shaD. represent payment for only !Dowable expenses pl;:;it~ding to the
administr:11ion af the various housing progtamS. MCHA will keep records in
accordance with generally accepted acco1DlDng procedures and applicable ~ugram
guiddmcs.
B. MCHA Procurement Policy conforming to standards and regulations established by
U.S. HtJD "PIIr' 89-45 shaJ1 be used unless any applicable Programs' law, tulc, or
guideline are more restrictive.
(---.
2
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C. Should the County, State or Fedcr:d Govemments require 3dditiom! or special
scMCCS DOt spccifirJQy included in this Agrccmcm, MeliA shall be scpmtc1y
compensated. 1bc 3IDOunt of such compensation, and service shaD be agreed on
by the County and MelIA and sDpulatcd by an amendment pursuant to Section
xn oftbis Agrcem~ ~
D.
SECTION V. . INSURANCE
A. MCHA shall m~mtMn separate wmkc:'s campCDS~tinn iDsurancc and fidelity bonds
covering its pcrsoDDCl who are eagagecl in dto operatiaD of the Pm&cams as
follows:
(1) Applicable workcr's c:ompcmation iDsur:mcc: cl~miil"=on.
($100,000 cmpJaycr's liability)
('
(2) Cu~eMMiw Cormn~ Geaenl I.labiJity Iusmmcc iD the ",;m,.,,1mt
1Ik1lOuatt ofFsw HundreclThousand DoDan (S5oo,000.00) for 111"/ single
occ:um:nce afbodily iDjm:y or giOpcrty dam. for any liabilities as a
result af1bis ~
(3) Fidelity bond in the priDcipal sum ofFJfty 1bousancl DoBars (S50,000.00).
(4) V chicle UabiIity JDsurancc with limits of Ono Hundred Thousand DoDars
(Sloo,ooo.oo) combined single occurcncc.
B. At aIl1imcs duo :~,g the tcml oftbis .~emcnr, the 4lP!oprlatc insurance coverages
~cd by MCHA iD rcl,ticm to the openDon oftbc Programs sbaJl be extended
md kept ,"&JI~cDt at the expense of MCHA md ccrtifieatcs ofiDsurance provided
to the caum:y upon rcqw:sL .
SECTION VI. RESPONsmn.I11ES AS TO RECORDS AND REPORTS.
MCHA shall be respcmmble for records and lepo~ as fonows:
r
A. MCHA shall establish and maintain a. system of rceo~ books and accountS in a
manner approved by U.S. HOD, DCA and FHF.~ AU records, books :md
accounts will be subject to oxamination during regular business hours by any
authorized lCp1CS~'C of the COWlty, State or Federal Governments and subject
to F.S. 119 rcfcrcncc general public.
B. MCHA will comply with requirements of HUn, DC..~ and FHF A to retain all
records for the required time periods.
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SECTION va INDEMNIFICATION AND HOLD HARMLESS.
MCHA shaD, pursuant and subject to limitations ofF.S. 163.01 and F.S. 768.28, defend.
indemnify and hold the Coumy, its officials, cmployecs and agents h:mnlcss, from :my md
all claUn~J hbiIitics, losses and causes of action which may arise out of the performance of
the Agreement.except such d~ liabiJi1ics, losses and causes of action which may arise
bCC31JSC of the County's ncgfigent actions and omissions, and c:xccpt for my court COS1S
md attorneys' fees of1hc County in dd'cDdiag my claims ~ from my act or omission
of the County. An rcfcrcncc to indell,..:n~nn of both parties. as agencies or subdivisions
of'the S_ shall be subject to F.S. 163.01mdF.S. 168.28.
SECTION vm. ASSURANCE AGAINST DISClUMINAnON.
r'"
MCHA shall not disw:. ..:.'Jlte ~ :my person OIl tho basis of rac~ creed, color, naticml
orisin, sex, age; or my other cbaractemtie or aspect which is not job rela,~ ill ias
~11iting, lDrlng, promotion, .!Cllllin~ or my other area affecting cmploymCDl1lllcler
Ibis Agreement or widl the provision of se:Mccs or goods UDder this ~I'!ft~ MeSA
shaD be in compliance with Section 109 Clause of the Housing and CUIlllUuuit'y
Development Act of 1974. amended.
SECTION IX. CERTIFICATIONS.
MCHA and my required subconttaCtoJ'sbaJ1 provide executed copies of:
. Non-CoIIusiw Affidavit
. Public Entity Crlmcs Statement
. Ca1ification regarding lobbyjDg
. CCl1i1ication regarding dnJg 1icc workplace
. Ccrftn"ates of msurancc:.
SECTION X. TERM.
This Agreement may be tcrmim1ted by either party upon one hundred eight). (180) days
written notification bv ccnified mail 1bis A2reemcnt shall commence the effective date of
. -
execution.
r',
SECTION XI. NOTICES.
Anynoticc required by this Agreement shaJl be hand delivered or sent by certified maiL
addressed to the Mayor of Monroe County and County Administr:ltor at 310 f1eming
Street, Key West.. Florida 33040, or to the Chairman. Monroe County Housing Authority,
~40 Sombrero Road. ~arathon. F10ricb 33050.
-;
(----"
I,'
SECTION xu. ENTIRETY: ALTERATION, BlNDING EFFECT.
This Agreement is emiro. 'fhD parties ruy DOt alter, amend, or modify it acept by m
instrument in wrlDng accuted by both. 'Ibis Agr=mcnt ~"JJ1ded all representations of
~ kind and IWUrc made by either party to the other ad shall be binding on the
successors and JS.c{8"'~ of the parties.
COUNTY
CO CO~
~ ~
ChaimumIMayor
('
(SEAL)
ATtEST:
".fha-t.d c. ~~
Dazmy Kolhagc, C1cdCOf1hc Court
MONROE COUNTY HOUSING AurHORITY
BY:
~.
~
---. .
,-"" --..- .- ~ .. ,.,,~
. ~.., ,
-. .' DCDDis l:-Ward1aw, r:h2ii-rrsan
./' ,
(SEAL)
/0-
_____...4.
APPROVED AS TO FORM
A-ND LEGAL SUFFICIENCY:
#'5/9'3
(Ibi,:mcbaare-doc)
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