Loading...
1816 MOA: OHA/Housing Authority re: Choice Neighborhoods Initiative Grant rC-1877-� TRANsm[TTAL MEMORANDUM To: City Clerk E: Request for Services The item(s)noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat(original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond ® Safe keeping (Vault) ❑ Ordinance ❑ Performance Bond ❑ Resolution Once completed,please: ❑ Return original ❑ Return copy Special Instructions: Please retain for the CDBG Community Development File —Executed MOA with SHA/OHA. r~C i Gt f lij f-t3 Cdr © i e t h r h00 �n ti fl ti ;e> C-7 Please advise if you have any questions regarding the above. Thank you! Andrew Thomas 1/4/2017 From Date \\SVCH-Omnicast\USERS\mcrayn\Templates\City Clerk Transmittal Memo.doc Memorandum Of Agreement Between The Orlando Housing Authority, The Housing Authority Of The City Of Sanford, Florida And The City Of Sanford Relating To Choice Neighborhoods Initiative Grant This Memorandum Of Agreement (hereinafter the "MOA") is entered into as of September U, 2016, by and between the Orlando Housing Authority (hereinafter the "OHA"), a dependent special district of the State of Florida a Florida public body corporate and politic established and operating pursuant to Chapter 421, Florida Statutes, as may be amended from time-to-time; the Housing Authority of the City of Sanford, Florida (hereinafter the "SHA"), a dependent special district of the State of Florida and a Florida public body corporate and politic established and operating pursuant to Chapter 421, Florida Statutes, as may be amended from time-to-time, ;and the City of Sanford (hereinafter the "City"), a Florida municipality. The OHA, SHA and the City may be referred to as "the parties" herein and their respective contact addresses are set forth below. Whereas, the Florida Legislature has enacted the "Florida Interlocal Cooperation Act of 1969"(now codified as Section 163.01, Florida Statutes) in order that local governmental units can make the most efficient use of their powers by cooperating on a basis of mutual advantage and thereby provide services and facilities that will accord best with geographic, economic, population and other factors that influence the needs and development of local communities; and Whereas, Section 163.01, Florida Statutes, provides that local governments may 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 11Page Whereas, the City Commission of the City of Sanford, in enacting the City of Sanford Comprehensive Plan adopted Policy 3-1.1.2 which relates to the implementation of State and Federal Housing Programs and provides as follows: The City of Sanford Housing Authority shall participate in federally subsidized rental housing programs. The Authority's activities shall include renovation of Authority-owned housing units as well as participation in the Section 8 housing program and other available programs to meet housing needs of the City of Sanford. and Whereas, the OHA and SHA operate under the provisions of controlling State law and Federal law with regard to funding and various other activities of the OHA and SHA and operate as dependent special districts over which the City of Sanford City Commission has limited, if any, powers; and Whereas, the provisions of Chapter 421, Florida Statutes, generally control and regulate the creation, powers, duties, processes and procedures relating to housing authorities within the State of Florida together with the general provisions of controlling Florida law that relate to operational requirements of governmental entities; and Whereas, on June 28, 2016 United States Housing and Urban Development (hereinafter "HUD") Secretary Julian Castro announced the approval of a $500,000.00 grant to the SHA and the City as part of $8 million awarded nationwide to 10 severely distressed neighborhoods to stimulate affordable housing and economic development which grant was funded through HUD's Choice Neighborhoods Initiative; and Whereas, the Choice Neighborhoods grant award will help local leaders in the City of Sanford to craft comprehensive, homegrown plans to revitalize and transform the Goldsboro neighborhood; and 21Page Whereas, the OHA has entered into an agreement relating to the provision of temporary services in order to manage the day-to-day operations of the SHA in accordance with controlling law; and Whereas, the Choice Neighborhoods Lead Grantee is the SHA and the City is Co-Grantee with the Target Public Housing Project being the Castle Brewer Court (including William Clark Court), Edward Higgins Terrace (including Cowan Moughton Terrace), and Lake Monroe Terrace with the Target Neighborhood being Goldsboro; and Whereas, the City will not be implementing the Choice Neighborhoods Grant as the OHA will be doing so as the OHA is charged with managing the day-to-day operations of the SHA and the Goldsboro Choice Neighborhood Initiative project manager and Whereas, the City's involvement as Co-Grantee is solely and exclusively that as stipulated in the FY 2015-2016 Choice Neighborhoods Planning Grant Agreement; and Whereas, The City Financial commitment to the Choice Neighborhood Planning grant is the $250,000 cash match, $5,000 CDBG funding and approximately $329,164.00 in-kind staff support to include planning studies and serving on advisory boards ; and Whereas, the OHA represents that its governing body approved this MOA on 24? 2016; and Whereas, the SHA represents that its governing body approved this MOA on 2016; and 31Pagc Whereas, the City represents that its governing body approved this MOA on September 212016; and Whereas, this MOA provides a public benefit, furthers a public purpose, serves the public interest and is consistent with the provisions of the Chapters 163, 166, and 421, Florida Statutes, the laws, rules and regulations relating to HUD; and other applicable and controlling law. Now Therefore, in consideration of the mutual premise set forth above and the covenants, obligations, duties and benefits set forth in this MOA, the parties hereto agree as follows: Section 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference and, further, constitute a material part of this MOA upon which the parties have relied. Section 2. Obligations Of The Parties (a). The City will provide the required matching funds and in-kind staff time and reports to support the attached approved Choice Neighborhoods Grant application (which document is hereby incorporated herein by this referenced thereto as if fully set forth herein verbatim) up to the total amount of$250,000.00 plus $5,000 in CDBG which shall be paid out in accordance with the requirements of the Choice Neighborhoods Grant and consistent with sound and generally accepted fiscal management practices and principles. This payment of funds shall be the sole and only financial obligation of the City under the terms of the Choice Neighborhoods Grant. The City shall not incur any liability under the provisions of the Choice Neighborhoods Grant Agreement with HUD other than 41 Page the matching grant funds and the role and responsibilities of Co-Grantee as provided for in this Section. (b). The OHA/SHA shall implement the provisions of the Choice Neighborhoods Grant in a plenary manner with plenary responsibility and accountability for all funding and all obligations to HUD and all other agencies of government with respect to the Choice Neighborhoods Grant. (c). In order to implement the provisions of this Section, the Choice Neighborhoods Grant Agreement with HUD shall provide substantially the following: The parties agree that the sole and only obligation of the City under the terms of this Agreement is to provide matching funds, in-kind staff support and participation on advisory boards to the Lead Grantee and no obligations or accountability shall be imposed upon the City relative to any breach of this Agreement or and pre-audit or post-audit issues and the parties agree and understand that the Lead Grantee shall be the primary party responsible for the implementation and administration of the Goldsboro Choice Neighborhoods Grant and any funding relating thereto. (d). The OHA/SHA hereby release the City from any obligation with respect to the Choice Neighborhoods Grant aside from the provision of the matching funds, in-kind staff support and participation on advisory boards as set forth in this MOA. (e). The City agrees to submit the final Goldsboro Transformation Plan to the City Commission for a vote regarding formal adoption of the Goldsboro Transformation Plan as a City-approved redevelopment plan for the Goldsboro Neighborhood. Section 3. Notices. (a). All notices referenced in this MOA shall be in writing and shall be delivered, mailed by First Class Mail, postage prepaid, or overnight delivery service, to the parties, as follows. 51 Page If to the OHA: Orlando Housing Authority C/O Vivian Bryant, Esquire, President/CEO 390 North Bumby Avenue Orlando, Florida 32803 If to the SHA: Sanford Housing Authority C/O Chair Melvin Philpot 390 North Bumby Avenue Orlando, Florida 32803 If to the City: City of Sanford 300 North Park Avenue Sanford, Florida 32771 Attention: Andrew Thomas (b). All notices required, or which may be given under, this MOA shall be considered properly given if (1). personally delivered, (2). sent by certified United States mail, return receipt requested, or (3). sent by Federal Express or other equivalent overnight letter delivery company. E-mail notice is not allowed. (c). The effective date of such notices shall be the date personally delivered, or if sent by certified mail, the date the notice was signed for, or if sent by overnight letter delivery company, the date the notice was delivered by the overnight letter delivery company. (d). Parties may designate other parties or addresses to which notice shall be sent by notifying, in writing, the other party in a manner designated for the filing of notice hereunder. Section 4. Insurance And Indemnification. (a). The parties shall maintain their respective insurance programs and policies in effect during the term of this MOA. 6 1 P a - e (b). To the fullest extent permitted by law, each party shall indemnify, hold harmless and defend the other party and its agents, servants, officers, officials and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorney's fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony, arising out of or resulting from the performance or provision of services required under this MOA. To this end, the OHA and SHA shall not look to the City for any obligation or any remedy under the Choice Neighborhoods Grant Agreement with HUD and agree that any relief sought by HUD against the City arising from the Choice Neighborhoods Grant Agreement with HUD shall be remedied in every respect by the OHA and SHA. (c). In accordance with Section 725.06, Florida Statutes, to the extent that it may be applicable, adequate consideration has been provided, if necessary, for the undertaking of this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. (d). Nothing herein shall be deemed to affect the rights, privileges, and immunities of either party as set forth in Section 768.28, Florida Statutes. (e). The employees of each party shall not be deemed to be the employees of the other party. Section 5. Records And Audits. The parties shall maintain in their places of business any and all books, documents, papers and other evidence pertaining to work performed under this MOA .Such records shall be available at the parties' places of business at all reasonable times during the term of this MOA and for so long as such 7 1 P a g e records are maintained thereafter. Records shall be maintained in accordance with State law and generally accepted accounting and auditing principles. Section 6. Standards Of ConducVPublic Records. (a). The parties shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this MOA or violate any laws pertaining to civil rights, equal protection or discrimination. (b). The parties reserve the right to unilaterally terminate this MOA if the other party refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and other applicable law, and made or received by the party in conjunction, in any way, with this MOA. The parties shall allow public access to all public record documents, papers, letters or other materials that have been made or received by the parties in conjunction with this MOA. (c). The parties shall not engage in any action that would create a conflict of interest or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. Section 7. Controlling Laws/Venue/Interpretation. (a). This MOA is to be governed by the laws of the State of Florida. (b). Venue for any legal proceeding related to this MOA shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. (c). This MOA is the result of bona fide arm's length negotiations between the parties and all parties have contributed substantially and materially to the preparation of this MOA. Accordingly, this MOA shall not be construed or interpreted more strictly against any one party than against any other party. 81Paa (d). In performing under this MOA, the parties shall abide by all laws, statutes, ordinances, rules, and regulations pertaining to, or regulating the performance set forth herein, including those now in effect and hereafter adopted. Any violation of said laws, statutes, ordinances, rules, or regulations shall constitute a material breach of this MOA, and shall entitle the non-violating party to terminate this MOA immediately upon delivery of written notice of termination to the violating party. Section 8. Waiver. The failure of a party to insist in any instance upon the strict performance of any provision of this MOA or to exercise any right or privilege granted to the party hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. Section 9. Dispute Resolution. As a condition precedent to termination of this MOA by a party or to either party filing suit for breach of this MOA, the party terminating or filing suit must first notify the other party in writing of the nature of the dispute and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party who is acceptable to both parties. The parties shall each pay a proportionate share of all costs for the services provided by such third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this MOA. This remedy shall be supplemental to any other remedies available by law. Section 10. Headings. All sections and description headings in this MOA are inserted for convenience only, and shall not affect the construction or interpretation of this MOA. 91 Page Section 11. Counterparts. This MOA may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but all counterparts shall together constitute one and the same instrument. Section 12. Modification. This MOA may not be amended, changed, or modified, and material provisions hereunder may not be waived, except by a written document, of equal dignity herewith. Section 13. Severability. If any provision of this MOA is found by a court of competent jurisdiction to be invalid, it shall be considered deleted here from, and shall not invalidate the remaining provisions. Section 14. Integration; Entire Agreement. This MOA constitutes the complete and entire agreement between the parties with respect to the subject matter hereof, and supersedes any and all prior agreements, arrangements or understandings, whether oral or written, between the parties relating thereto, all of which have been integrated herein. Section 15. Effective Date. This MOA shall become effective retroactive to June 28, 2016, the date HUD announced the Grant Award. In Witness Whereof, the parties have caused this MOA to be executed and delivered as of the date indicated above. Signature Page Follows: 101Pa ; e A TTES T.• THE ORLANDO HOUSING AUTHORITY Bunilda Alfaro `d Carson Commissioner Chair Approved as to form and legality. Z Vivian Bryant, Esquire President/CEO A TTES T.• THE HOUSING AUTHORITY OF THE CITY OF SANFORD, FLORIDA Twila Roberts Melvin Philpof Vice Chair Chair Approved as to form and legality. Vivian Bryant, Ei'q' uiire ATTEST. CITY OF SANFO D, FLORIDA #ANFO D, Cynthia Porter Jeff Triplett City Clerk Mayor For use and reliance of the Sanford City Commission only. Approved as to form and legality. William L. Colbert Attorney 11 Page