Resolution 94-21076 •
RESOLUTION NO. 94-21076
•
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE ATTACHED INTERLOCAL AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI
BEACH HOUSING AUTHORITY FOR THE PROVISION OF
EMERGENCY RELOCATION SERVICES.
WHEREAS, the City of Miami Beach is required to enforce '
all applicable codes related to Minimum Housing Standards and •
Building Codes, affecting the health, safety and welfare of tenants
in multi-family buildings; and
WHEREAS, when the City determines that the health,
safety,, and welfare of the tenants is in jeopardy, the closing of
a building and/or vacating of any portion of a building is
sometimes necessary; and
WHEREAS, when the City of Miami Beach Chief Building
Official determines that relocation is necessary and the property
owner fails to provide the appropriate relocation benefits to the
affected tenants, the City desires to ensure that such displacement
and relocation occurs in an orderly fashion; and
WHEREAS, when the City requires such relocation, the City
will attempt to recover such relocation costs, including applicable
administrative costs, by means of a lien placed on the affected
property; and
WHEREAS, the Housing Authority has the capacity to
provide emergency relocation services to such displaced tenants, in
a manner similar to the procedures established under the Housing
Authority' s Rent Supplement Program as adopted by the Housing
Authority' s Board of Commissioners on December 14, 1993 as
reflected in the minutes (attached as Exhibit "A") ; and
WHEREAS, the City desires to enter into the attached
Interlocal Agreement between the City of Miami Beach and the Miami
Beach Housing Authority for the provision of emergency relocation
services .
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and
City Clerk are authorized to execute the attached Interlocal
Agreement between the City of Miami Beach and the Miami Beach
Housing Authority for the provision of -mergency relocation
services .
PASSED AND ADOPTED THIS 2nd DA i OF March ` , 1 s ?;4,
ILA '
MAC ,
M APPROVED
ATTEST:
LEGAL DEPT.
By ,
S-- Q"I
CITY CLERK Date
w '
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH, FLORIDA AND THE MIAMI BEACH
HOUSING AUTHORITY FOR THE PROVISION OF EMERGENCY
RELOCATION SERVICE$
This agreement is entered into this day of lekkAls....../
1994, by and between the City of Miami Beach and the Miami Beach
Housing Authority.
WHEREAS, the City of Miami Beach is required to enforce
all applicable codes related to Minimum Housing Standards and
Building Codes, affecting the health, safety and welfare of tenants
in multi-family buildings; and
WHEREAS, when the City determines that the health,
safety, and welfare of the tenants is in jeopardy, the. closing of
a building and/or vacating of any portion of a building is
sometimes necessary; and
WHEREAS, when the City of Miami Beach Chief Building
Official determines that relocation is necessary and the property
owner fails to provide the appropriate relocation benefits to the
affected tenants, the City desires to ensure that such displacement
and relocation occurs in an orderly fashion; and
WHEREAS, when the City requires such relocation, the City
will attempt to recover such relocation costs, including applicable
administrative costs, by means of a lien placed on the affected
property; and
WHEREAS, the Housing Authority has the capacity to
provide emergency relocation services to such displaced tenants, in
a manner similar to the procedures established under the Housing
Authority' s Rent Supplement Program; and
WHEREAS, the Miami Beach Housing Authority has requested
that the City make available funds to be used for such emergency
relocation activities; and
WHEREAS, the City will set aside an allocation of funds
up to $200, 000 in order to reimburse the Housing Authority on a
monthly basis for the provision of emergency relocation services
which will include a five percent (50) administrative fee; and
WHEREAS, an account will be established for this program,
and bookkeeping responsibilities will be undertaken by the Building
Department under the guidance of the Chief Building Official on
behalf of the City; and
•
WHEREAS, consistent with the policy set forth in this
Agreement and the Housing Authority' s Rent Supplement Program,
tenant eligibility criteria will he established administratively
by the City and the Housing Authority.
NOW THEREFORE THE PARTIES HERETO AGREE TO THE FOLLOWING:
1) The Housing Authority will provide emergency relocation
services to displaced tenants, in a manner similar to the
procedures established under. the Housing Authority' s Rent
Supplement Program as adopted by the Miami Beach Housing
Authority' s Board of Commissioners on 12/14/93 as reflected in the
minutes, a copy of which is attached hereto.
2) The City will set aside an allocation of funds up to $200, 000
from which the Housing Authority will be reimbursed on a monthly
basis for the provision of emergency relocation services which will
include a five percent (50) administrative fee .
3) An account will be established for this program, and
bookkeeping responsibilities will be undertaken by the Building
Department under the guidance of the Chief Building Official on
behalf of the City.
� • 4 J
4) The Housing Authority will advance all funds necessary to
effectuate the emergency relocation services, with reimbursement
from the City on a monthly basis . Payment will be contingent upon
the Housing Authority' s certification of compliance with the tenant
eligibility criteria and backup documentation and reports
acceptable to the City of Miami Beach.
5) The City will attempt to recover such relocation costs,
including applicable administrative costs, by means of a lien
placed on the affected property. The lien amount will include the
actual relocation expenses plus a charge for the City of Miami
Beach to recover all administrative expenses .
6) The Interlocal Agreement is contingent upon establishment of
tenant eligibility criteria. The criteria will established
administratively by the City and the Housing Authority within
thirty (30) days from the date of the Agreement .
7) The terms set forth herein constitute this Agreement in its
entirety, and no further City Commission approval is necessary to
effectuate this program.
8) This Agreement cannot be amended without the written consent
of both parties .
9) This Agreement shall be in full force and effect for the
twelve months following the date hereof and shall be funded to the
extent of $200, 000 . The parties shall make a good faith effort to
renew this agreement after the first year.
10) Neither the City of Miami Beach nor the Housing Authority
shall be responsible to third parties for the actions of one
another in the implementation of this agreement . Each party hereto
shall indemnify and hold the other party harmless from any such
actions of the other party, providing that nothing contained herein
shall be construed as a waiver of either party' s sovereign immunity
rights .
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their duly authorized officials on the
day and date first above indicated.
STP:j m
ATTEST: ITY OF MIAMI B' H, 00'; DA
l'..--ZAA&Noti a:Favevio... A
)r
CITY CLERK MAYOR
MIAM ACH HOUSING AUTHORITY
WI SES: 3 —T,4 Atittleaor
CHAT
EXECUTIVE DIRECTOR
• FORM APPROVED
LEGAL DEPT.
By
Date 3" -4
REGULAR BOARD OF COMMISSIONERS MEETING • DECEMBER 14, 1993
PAGE SIX
SHOWN AN INTEREST IN THE PROJECT AND SAYS THAT THERE MIGHT BE COUNTY FUNDS ,
EMERGENCY RELOCATION FUNDS, HURRICANE FUNDS , AND HOMELESS FUNDS . NANCY
LIEBMAN, NEWLY ELECTED CITY COMMISSIONER, HAS SHOWN AN INTEREST IN THE PROJEC
AND IS WILLING TO ,SPONSOR THE APPROPRIATE MEASURE BEFORE THE CITY ' S PUBLIC
AFFAIRS COMMITTEE. THE RAIN MOTHERS HAVE EXPRESSED AN INTEREST IN DEVELOPING
AN AFFORDABLE HOUSING PROJECT WHICH WOULD PROVIDE CHILD CAPE ON THE PREMISES .
MR . RUSS, MBDC, HAS ALSO EXPRESSED SUPPORT FOR THE PROPOSAL . IT MIGHT BE
POSSIBLE TO ACQUIRE A SUITABLE SITE FOR THE CENTER AS PART OF THE ,CONSIDERA-
TION FOR THE GOODMAN TERRACE SITE . MR . NEVEL ASKED THE BOARD TO APPROVE IN
CONCEPT THE FURTHER DEVELOPMENT OF THE PROPOSAL .
COMMISSIONER BOWER SO MOVED, THE MOTION WAS SECONDED BY COMMISSIONER ROSALES ,
AND UNANIMOUSLY APPROVED BY THE BOARD .
RENT SUPPLEMENT PROGRAM (RSP) (D . NEVEL) WAS NEXT . AT THE INCEPTION OF THE
PROGRAM, THE AUTHORITY HAD CONSIDERED WRITING TO THE ELDERLY AND DISABLED
PERSONS ON THE SECTION 8 WAITING. LIST TO ENCOURAGE THEM TO APPLY AND GIVE A
, PREFERENCE TO THOSE WHO ARE BEING DISPLACED PURSUANT TO THE BOARD ' S'
AUTHORITY, REFERRALS HAVE BEEN RECEIVED FROM OTHER AGENCIES SUCH AS THE RAIN
MOTHERS, THE CITY, CATHOLIC COMMUNITY SERVICES, AND HOME HEALTH CARE ( PART OF
COMMUNITY COUNCIL FOR THE JEWISH ELDERLY) . TELEPHONE CALLS ARE BEING RE-
CEIVED DAILY FROM INDIVIDUALS LIVING ON MIAMI BEACH . MR. NEVEL REQUESTED
THAT THE INCOME GUIDELINES BE CHANGED TO THOSE OF SECTION 8 WITH A PREFERENCE
AS TO THE AMOUNT OF ASSISTANCE FOR THOSE EXISTING PRIMARILY ON AFDC OR SOCIAL
SECURITY . PREFERENCES' WOULD BE DISABLED PERSONS , FAMILIES, ELDERLY, THOSE
ON THE SECTION 8 WAITING LIST, AND THOSE FACING EMERGENCY CIRCUMSTANCES SUCH
AS THE IMMINENT RISK OF BECOMING HOMELESS . THERE WOULD BE A REQUIREMENT THAT
THEY 'BE MIAMI BEACH RESIDENTS . THE AMOUNT OF ASSISTANCE PER •CASE WOULD BE
Exhibit "A"
REGULAR' BOARD OF COMMISSIONERS MEETING: DECEMBER 14 1993
PAGE SEVEN
$1000, BUT THERE WOULD BE AUTHORITY TO GO TO $2000 IN THE CASES OF THE
GREATEST NEED . THE ASSISTANCE WOULD BE IN THE FORM OF UTILITIES' UTILITY
DEPOSITS' SECURITY DEPOSITS. AND TEMPORARY RENT SUPPLEMENTS. CURRENTLY '
THE CANDIDATES MEET WITH MR . ROSSI, MR . ROSSI AND MR . NEVEL DEVELOP AN
INDIVIDUAL ASSISTANCE PLAN FOR THEM AFTER CONSULTING WITH OTHER STAFF
MEMBERS, AND THEN THE PLAN IS IMPLEMENTED . MR . YERMAN, HOUSING QUALITY
SUPERVISOR, INSPECTS THE APARTMENT BEFORE FINAL APPROVAL OF AN ASSISTANCE .
PLAN TO INSURE THAT IT IS CLEAN, SAFE AND SANITARY . RATHER THAN SOLICIT
RFP CANDIDATES FORM THE SECTION 8 WAITING LIST, RESPONSES WOULD CONTINUE
TO EMERGENCIES AS THEY ARE REFERRED TO THE AUTHORITY BY SOCIAL SERVICE
AGENCIES AND AS THEY OTHERWISE COME TO THE AUTHORITY ' S ATTENTION . WITHIN THE
GUIDELINES, MR. ' NEVEL ASKED THAT THERE BE THE AUTHORITY TO BE FLEXIBLE
'WHEN NECESSARY AND TO CONTINUE TO OPERATE THE PROGRAM AS THE ONLY CRISIS
RESPONSE UNIT IN THE CITY FOR DISPLACED PEOPLE.
•
COMMISSIONER BOWER MADE A MOTION TO APPROVE THE REQUESTED CHANGES TO THE
RENT SUPPLEMENT PROGRAM MADE BY MR. NEVEL. THE MOTION WAS SECONDED BY
COMMISSIONER ROSALES, AND UNANIMOUSLY APPROVED SY THE ' BOARD .
NEXT ITEM ON THE AGENDA WAS ITEM C , PHADA CONFERENCE - ORLANDO JANUARY ' 94
( D . NEVEL) . BEFORE MR. NEVEL ' S REPORTS COMMISSIONER WAYNE REQUESTED THAT
STAFF OBTAIN MEMBERSHIP IN NAHRO FOR ALL OF THE COMMISSIONERS AND THAT THE
DUES BE PAID BY THE AUTHORITY . MR . NEVEL STATED THAT HE WOULD CHECK TO SEE
WHAT THE PROCEDURE IS FOR MEMBERSHIP WITHIN NAHRO AND ASSURED COMMISSIONER
WAYNE THAT HE WOULD MAKE SURE THAT THE AUTHORITY IS MAXIMIZING ITS BENEFITS
WITH NAHRO AND THAT IT HAS THE MOST COMPLETE FORM OF MEMBERSHIP POSSIBLE .
COMMISSIONER WAYNE ALSO REQUESTED THAT MR . NEVEL VERIFY THAT THE
COMMISSIONERS AND STAFF ARE INSURED WHEN TRAVELING ON COMPANY BUSINESS OR
ATTENDING CONFERENCES AS REPRESENTATIVES OF THE HOUSING AUTHORITY .
•
Exhibit " A"
CITY OF MIAMI BEACH
•
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. J rff...W
TO: Mayor Seymour Gelber and DATE: March 2, 1994
Members of the City Commission
FROM: Roger M. Canto
City Manager
SUBJECT: AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI BEACH
AND THE MIAMI BEACH HOUSING AUTHORITY FOR THE PROVISION
OF EMERGENCY RELOCATION SERVICES
ADMINISTRATION RECOMMENDATION:
The Administration recommends adoption of the attached Resolution
which authorizes the Mayor and City Clerk to execute an Interlocal
Agreement with the Miami Beach Housing Authority for the Provision
of Emergency Relocation Services.
BACKGROUND:
The City of Miami Beach is required to enforce all applicable codes
related. to Minimum Housing Standards and Building Codes, affecting
the health, safety and welfare of tenants in multi-family
buildings. When the City determines that the health, safety, and
welfare of the tenants is in jeopardy, the closing of the building
and/or vacating of any portion of a building becomes necessary.
In accordance with the City Code Chapter 17 A-2, when the City of
Miami Beach Chief Building Official determines that relocation is
necessary and the property owner fails to provide relocation
benefits to the affected tenants, the City is empowered to provide
relocation to affected tenants. The City can recover such costs by
means of a lien placed on the affected property.
The Miami Beach Housing Authority has the capacity to provide
emergency relocation services to such displaced tenants, in a
manner similar to the procedures established• under the Housing
Authority' s Rent Supplement Program as adopted by the Housing
Authority' s Board of Commissioners on 12/14/93 as reflected in the
minutes, a copy of which is attached hereto.
On February 16, 1994, the Miami Beach Housing Authority requested
that the City make funds available to be used for such emergency
relocation activities. The Administration recommended that up to
$200, 000 be made available for a twelve (12) month period to
supplement the $250, 000 from the Housing Authority. The City' s
$200, 000 set-aside would include a five percent (5%) administrative
cost to the Housing Authority. The Housing Authority is willing
to provide these services in accordance with the terms of an
Interlocal Agreement.
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•
• AGENDA R-9 E-
ITEM
•
DATE
•
•
ANALYSIS:
The proposed Interlocal Agreement includes the following
components :
* The City will set aside an allocation of funds up to $200, 000
from which the Housing Authority will be reimbursed on a
monthly basis for the provision of emergency relocation
services which will include a five percent (5%) administrative
fee.
* The Housing Authority will advance all funds necessary to
effectuate the emergency relocation services, with
reimbursement from the City on a monthly basis. Payment will
be contingent upon the Housing Authority' s certification of
compliance with the tenant eligibility criteria and backup
documentation and reports acceptable to the City of Miami
Beach.
* An account will be established for this program, and
bookkeeping responsibilities will be undertaken by the
Building Department under the guidance of the Chief Building
Official on behalf of the City.
* The Housing Authority will provide emergency relocation
services to displaced tenants, in a manner similar to the
procedures established under the Housing Authority' s Rent
Supplement Program as adopted by the Housing Authority' s Board
of Commissioners on 12/14/93 as reflected in the minutes, a
copy of which is attached hereto.
* The City will attempt to recover such relocation costs,
including applicable administrative costs, by means of a lien
placed on the affected property. The lien amount will include
the actual relocation expenses plus a charge for the City of
Miami Beach to recover administrative expenses.
* The Interlocal Agreement is contingent upon, establishment of
tenant eligibility criteria. The ' criteria will be
established administratively by the City and the Housing
Authority within thirty (30) days from the date of the
Agreement.
CONCLUSION:
The Administration recommends adoption of the attached Resolution
which authorizes the Mayor and City Clerk to execute an Interlocal
Agreement with the Miami Beach Housing Authority for the Provision
of Emergency Relocation Services.
Prior to formal adoption of the Interlocal Agreement, Legal
Services of Greater Miami, Inc. , will provide written support for
the Interlocal Agreement and the program established thereby.
RMC/STP/jm
53