Resolution 340-2004
RESOLUTION 'un
- 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 L 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 21st day of Septemb~1A.D., 2004
By:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~~
Mayor Pro Tem
DAVID P. RICE
-
c..'
Mayor Nelson
Mayor Pro Tem Rice
Commissioner Neugent
Commissioner McCoy
Commissioner Spehar
Absent
Yes
~
Yes
Yes
'",.)
r .
SEAL
:-< ~:..: ;
::.\Wt
...~.~
-':1.0-
c>
'.
ATTEST:
Appmved os to form aod Ioga! ;;;-~~'!.are~-#'L
(..,
J\J
Page 1 of 1
BOCC Exhibit A
Amendment I. lnterlocal Agreement
AMENDMENT #1
TO
INTERLOCALAGREEMENT
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 1/1ih 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 1 of 3
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 Sept. , A.D., 2004
~
~
~
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
j~
By:
Mayor Nelson
Commissioner Spehar
Commissioner Neugent
Com." rMcCoy
MayO~.~.}C' .., 'ce
A \f2fJ "t;;~
:\~t'\'>~
(SE~ r,{;:; '. J:JJ
>;~<1'(~; , - ..' _ :/
A 'f~tr:J.
~:dJlJ~. ~)(1~
Danny Kolhage, Clerk of the County
Absent
DAVID P. RICE
MAYOR PRO TEM
--Ye.s..-
APPROVED AS TO FORM ~. .-....:::,_..~....~......~...~...'............' .:.......... ~
AND lk':CAL SUPrICffiNCY: .L , _ _ .;;;LJ.
. -- ~. ("\ '. .... L.' . .
. 'l":J 0 V
DATE:
Page 2 of3
(SEAL)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
MONROE COUNTY HOUSING AUTHORITY
Harry Bethel, Chairman
-;i;MJ
DATE:
Page 3 of3
~......,
GOVERNMENfAL INnRLOCAL AGREEME."'IT
BETWEEN
nm COUNTY OF MONROE, STATE OF FLORIDA
.AND
mE MONROE COUN1YHOUSlNG At.rmORITY
This Intcrlocal . Agrc:mcnt (1hcrcin rcfcacd to as the "Agtccmcnt") is dated as of
~ 19; I'J?.$ , bctwccn tbc County of Moome, Stdc of FImida, lb=in
erred to as- "County"), a body politic haWIg its principal office at 310 Fleming Street,
Key WC3t, Florida, 33040, and the Monroe Cmmty Housing Amhority, (herein refened to
as "MCHA "), a body politic organized under Chapter 421 F .S. and the U~S. Housing Act
of 1937, as amended, and baviDg its principal afIicc at 240 Sombrero Road, Marathon,
Florida 33050, rcfC1ICd to coDcctivcly as the "Parties".
In consideration of the tmttl1~t covenantS set forth below, under the Florida Interlocal
Cooperation Act of 1969, 163.01 F.S.
,.--......
"J"o pcmDt 1oca1 gavennnental units to make the most
ef5d~t use of 1hcir paweD by enabling them to cooperate
wUh other wlmes" (gavaDD1c:mal units) "on a basis of
mvnl~1 ~ and 1hercby to provide services ami
~1iri~ in a manner and pmsuant to forms of gavcmmcnta1
OI&'-ni7Mion 1hat will accord best with geographic,
economic, populatioD, and other factors influencing the
needs and development oflocal t'.nntmmrities. "
MCHA and County hereby agree 3S foJlows:
SECTION L APPOINTMENT OF MCHA.
To the end of providing fair,..affordabl~ decent, safe and ~. housii1g. the County.
hereby appomts. MCHA:to ptmIidC professional planning, man.emcnt and adm;,,;!ttraUve
services for and within..the eolmty purSUant to the provisions' of an U.S. Department of
Housing and Urban :DCvClopmcrit (HUD), State of. Florida's DcpartmCDt of CommunitY
Affairs (DCA), and Florida Housing Fmancc Agency (FHF A)atfordablc housing'
programs, (hcrcinaftcr the "Programs"). The CoUnty hereby authorizes MCHA to
subcontract for professional and techniCal services, per Programs' requii-cmcnts, according
to the terms and provisions ofthc Agreement.
..r-,
SECTION n. DUTIES OF MCHA.
A.
, , .,. .,....... .; \ .
To manage thc'Programs iri full Compliance With the requirements of a1lappli~ble
HUD, DCA; 'and FHFA rcguJarions within the t~ of this Agreement.
,
r-
B. To take such actioDl as may be necessary to comply promptly with any and an
governmental ordcIS or other requirements affccting the Programs, whether
imposed by f~ state, or county authority. Neverthdcss, MCHA shall take no
such action as long 3S the County is conteSting, or has 2ff1nned its intention to
contest my such order or requirement. MCHA shaD. DOtify the County in writing
of an notices of such orders or other requirements immediately upon their receipt
SECTION In. ACCOUNTING AND ACCOtJNiS.
Accounting functions will be performed by MCHA as follows:
A. ~~..~~:...;~~...qaVJD~.for;
submittal to 1&e c::t officio c1crlt of1he COUDtyfor revieW ana paymCDt ~.
B. Where applicable, MCHA under direction of ex officio clerk of the C01D1ty, shan
prepare all state and federal Requests for Funds.
r-
Where otherwise required, MCHA shall maintain an opcratiorull budget ledger of
expenditures for ad.ministrarivc purposes only.
D. Vlhcrc required by 1hc Programs, County shall be n:sp,onsmlc for fund cxpcnditme
rcconclJiation, gcncral1cdger, and audit requitCluwds.
C.
t:,.
SECTION IV. EXPENSES AND COMPENSATION.
A. Compcmatinn shall be upon prcsCDtation of om invoice det.ailing each applicable
program: payment shall be issued on the first of the month for ad.ministraUVc
sen1ccs to be performed in the upcoming month contingcm upon the availabiJity of
Program Funds. The amount slWl be in accordance wUh the County ~
Programs as defined by state and federal progwn laws, rules and guid~es. The
payment shaD. rcprcscnt payment for only allowable expenses pert~..ing to the
admini~tr.ltion of the various housing programs. MCHA will keep records in
accordance with gcncra1ly accepted accounting procedures and applicable program
guidcJincs.
B. MCHA Procurement Policy confonning to standards and regulations established by
U.S. HIJD "PIH" 89-45 shall be used unless any applicable Programs' law, role, or
guideline arc more restrictive.
2
/-"
(
c.
Should the County, State or Fcdcr:d Governments require 3ddition:l1 or special
services not spccifi,..~Qy included in this Agrccmcn1, ~laiA s1Wl be separately
compensated. The 3II1ount of such compensation, and service sh&1Il be agreed on
by the County and MCHA and stipulated by an 3mendmcnt pursuant to Section
XII of dDs AgrccmcDt
D.
SECTION V. "INSURANCE
A. MCHA sbaJ1 [)'1~inbin separate wmkcts compens2t1nu insurance and fidelity bonds
eovering its pcrsound who are cugagcd in the opera1ion of the Programs as
follows:
(1) Applicable worker's compcnsBtion iDsur:mcc c-.f:l~crific:mon.
($100,000 cmploycr's Ji.abiIity)
r.
(2) Cuuquebl'!Miw Commercial General I..iabiJity Insurance in the mnmnUl1l
amount ofFlYC Hundred Thousand DoDars (S5oo,000.00) for any single
occwrcnce ofbodily ugury or property damage for any liabilities as a
result of this ~
(3) Fidelity bond in the principal sum ofFUty Thousand DoBars ($50,000.00).
(4) Vebicle I..iabiJity Insurance with limits of One Hundred Thousand Dollars
($100,000.00) combined single occurcncc.
B. At all times tfJ1ring the tcml oftbis .~ the appropriate UlsuraDCC coverages
canicd by MCHA in relation to the: operation of the Programs shall be cxten,4~
and kept CUUwat at the c:c:pense of MCHA and ccrti:ficates of insurance provided
to the county upon request.
SECTION VI. RESPONSmILITIES AS TO RECORDS AND REPORTS.
MCHA shall be t'CSponsmle for records and reports, as follows:
A.
MCHA shaD establish and maintain a. system of record&. books and accounts in a.
m:mner approved by U.S. HIJD, DCA md FHFA.. AU records, books :md
accounts wiD. be subject to examination during regular business hoUR by any
authorized lc~rescntative of the COWlty, Sb.te or Federal Governments and subject
to F.S. 119 reference general public.
r..
B. MCHA will comply with requirements of HL"D, DCA, and FHF A to retain all
records for the required time periods.
~--..
SECTION vn. INDEMNIFICATION AND HOID HARMLESS.
MCHA shaD, pursuant and subject to Iimttations ofF.S. 163.01 and F.S. 768.28~ defend.
indemnify and hold the County, its offici&1ls, employees and ~ h:1rm1css, from my md
all claims, liabilities, losses and causes of action which may arise out of the pc1fonnancc of
the Agr=ment .except such claims, JiabiJi1ics, losses and causes of action which may arise
because of the County's ncgfigent actions and omissions, and except for ;my court costs
and attorneys' fces of the County in defending my claims armng from any act or omission
of the County. All reference to in~I...ificarion of both ParUcs. as agencies or subdivisions
of the State~ shall be subject to F.S. 163.01 and F.S. 768.28.
SECTION vm. ASSURANCE AGAINST DISCRIMINATION.
r'"
MCHA sh.a.U not disw;...inatc against my person OIl the basis afrac~ creed, color, national
origin, sex, age, or any other c:haractcristic or asped which is not job l'd.at~ in its
rcc:roiting, hiring, promotion, tcll1l:mtm,g. or my other area affecting employment under
this Agr=ment or with the provision of scrvicc:s or goods under this Agreem~t. MeHA
shall be in comp6ancc 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-conusive Affidavit
. Public Entity Crimes SUtement
. Ccnification regarding lobbying
. Certification regarding drug ftcc workplace
. Ccrtffi";Jtes of insurance.
SECTION X. TERM.
nus Agreement 1ruIY be tcr:rnin:lted by either party upon one hundred eighty (180) days
written notification bv certified mail. 1bis A2:recmcnt shall commence the effective date of
. -
cx:ecunon.
r-.
SECTION XI. NOTICES.
Any notice required by this Agreement shall be hand delivered or sent by certified mail
addressed to the Mayor of Monroe County and County Administr:ltor at 310 Fleming
Street, Key West. Florida 33040, or to the Chairman. Monroe County Housing Authority,
~40 Sombrero Road. ~arathon. Floricb 33050.
(-~
I
SECTION XU. ENTIRETY: ALTERATION, BINDING EFFECT.
This Agreement is entire. The: parties rDZf not aller, amend, or modify it except by m
instrument in writing executed by both. This Agrccmcnt inthJdcd all representations of
every kind and nature made by either party to the other mil shall be binding on the
successors and as.cigJ!~ of the parties.
(SEAL)
....-":
/ ~......
\
ATIEST:
1Joak.1 c. AJu~
Dazmy KoJhagc, C1cd( of the Court
MONROE COUNTY HOUSING AuniORITY
BY:
~
~.a ~'.
...--'-- -~ .~.~
.. ~.. ",,'
-- "D~j:,Ward1ow, C1t2iintan
./
(SEAL)
./;22
APPROVED AS TO FORM
A...'ND LEGAL SUFFICIENCY:
If? /93
(dDlI~.doc)
5