Resolution 2023-32780RESOLUTION NO.2023-32780
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF MIAMI BEACH AND THE
MIAMI-DADE COUNTY HOMELESS TRUST PROVIDING FOR THE
CONTRIBUTION OF $2 MILLION BY THE CITY IN EXCHANGE FOR SET -
ASIDES FOR MIAMI BEACH PERSONS EXPERIENCING HOMELESSNESS OF
FORTY-FIVE (45) UNITS AT BLUE VILLAGE, LOCATED AT 18055 SW 12"'
STREET, MIAMI, FL 33194 AND TEN (10) BEDS AT MIA CASA, LOCATED AT
12221 HARRIET TUBMAN HIGHWAY, NORTH MIAMI, FL 33161, WHICH MOU
INCLUDES THE FOLLOWING ADDITIONAL KEY TERMS: (1) A 90% HOUSING
RETENTION PERFORMANCE INDICATOR ASPIRATION GOAL; (2) A 60%
HOUSING RETENTION PERFORMANCE INDICATOR REQUIREMENT; (3) A
TERMINATION RIGHT IN FAVOR OF THE CITY IF THE HOMELESS TRUST
FAILS TO ACHIEVE THE 60% HOUSING RETENTION REQUIREMENT AND
DOES NOT TAKE CURATIVE MEASURES ACCEPTABLE TO THE CITY
WITHIN 120 DAYS FROM THE DATE THE ANNUAL REPORT REFLECTING
THE FAILURE; (4) A TERMINATION FOR CONVENIENCE RIGHT IN FAVOR
OF THE HOMELESS TRUST THAT MAY BE EXERCISED AT ANY TIME PRIOR
TO PAYMENT IN FULL BY THE CITY SUBJECT TO REPAYMENT TO THE
CITY OF ALL AMOUNTS THERETOFORE PAID PLUS INTEREST THEREON;
AND FURTHER, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK
TO EXECUTE THE MOU FOLLOWING APPROVAL OF THE MOU BY THE
MIAMI-DADE COUNTY BOARD OF COMMISSIONERS.
WHEREAS, on September 21, 2022, the City received a request from the Miami -Dade
County Homeless Trust ("Homeless Trust") for $3 million to scale housing needed to further
combat homelessness throughout Miami -Dade County; by acquiring and renovating no fewerthan
four (4) properties to better support individuals and households living on the streets or staying in
temporary emergency shelters without viable permanent housing options; and
WHEREAS, at the September 30, 2022, Finance and Economic Resiliency Committee
(FERC) meeting, representatives from the Homeless Trust presented their request for $3 million
in funding; and
WHEREAS, the FERC recommended initial funding of $1 million, comprised of
approximately $277,912 in HOME Investment Partnership American Rescue Plan Program
(HOME -ARP) funding received by the City from the U.S. Department of Housing and Urban
Development (HUD) that remains unallocated, subject to HUD approval; and approximately
$723,000 from projected FY 2022 year-end General Fund surplus, with the commitment to look
for additional funds; and
WHEREAS, on October 26, 2022, the Mayor and City Commission approved the
allocation of $1 million to the Homeless Trust solely from the General Fund, and the withdrawal
of the allocation from HOME -ARP funds, via Resolution No. 2022-32382; and
WHEREAS, on November 16, 2022, the Mayor and City Commission referred an item to
the Public Safety and Neighborhood Quality of Life Committee (PSNQLC) to discuss the criteria
associated with the MOU with the Homeless Trust, including the timing for placements, the total
number of placements, the duration of placements, and other factors that could serve as a basis
for evaluating any future requests for additional funding from the Homeless Trust; and
WHEREAS, on December 14, 2022, the Mayor and City Commission referred an item to
the FERC to discuss the performance benchmarks associated with the $1 million allocation to the
Homeless Trust; and
WHEREAS, on February 1, 2023, the Mayor and City Commission referred a discussion
item to the FERC to discuss additional funding for the Homeless Trust; and
WHEREAS, on February 17, 2023, the FERC discussed the MOU and approved the
appropriation of an additional $1 million in funding and referred it to be discussed by the full City
Commission to identify and appropriate additional funding in the amount of $1 million; and
WHEREAS, the Administration negotiated a Memorandum of Understanding (MOU) with
the Homeless Trust to contribute the appropriated General Fund reserves in the amount of $1
million in exchange for a set -aside of forty-five (45) units and ten (10) beds to house persons
experiencing homelessness within the city of Miami Beach; and
WHEREAS, the draft MOU included a payment structure in connection to the completion
of the rehabilitation of the forty-five (45) units at Blue Village: (1) 33.33% to be paid within 45
days from receipt of an invoice following the execution of the agreement; (2) 33.33% to be paid
within 45 days from receipt of an invoice confirming of commencement of construction at Blue
Village; and 3) 33.34% to be paid within 45 days from the receipt of an invoice upon the earlier
of a) initial occupancy by 45 Miami Beach persons experiencing homelessness at Blue Village
or b) the issuance of a Temporary Certificate of Occupancy for all units at Blue Village; and
WHEREAS, the MOU also included the following aspirational goals: (1) housing retention:
90% of clients will not return to homelessness after 1 year and (2) income growth: At least 20%
of persons placed in permanent housing will obtain or increase income as a result of program
participation; and
WHEREAS, on April 28, 2023, the Mayor and City Commission directed the Administration
to make the following revisions to the draft MOU: (1) to make the 90% housing retention
performance indicator a requirement instead of an aspirational goal; (2) to give the City the right
to terminate the MOU and receive a refund of project funds contributed if the Homeless Trust fails
to achieve the 90% housing retention requirement; 3) to grant the Homeless Trust the right to
terminate the MOU by repaying the City 100% of all project funds; and (4) to increase the City's
contribution by an additional $1 million to $2 million in the aggregate, subject to and contingent
upon subsequent City Commission approval and appropriation following approval of the MOU by
the Miami -Dade County Board of County Commissioners; and
WHEREAS, the Commission further directed the Administration to send the revised MOU
to the Homeless Trust; and
WHEREAS, the Homeless Trust engaged in further negotiations with the Administration
and the parties agreed to the following revised terms, subject to approval by the Mayor and City
Commission, the Miami -Dade Public Housing Committee and the Miami -Dade County Board of
Commissioners: (1) to leave the 90% housing retention performance indicator as an aspirational
goal; (2) to add a 60% housing retention performance indicator requirement (the "60%
Requirement') with a termination right in favor of the City if the Homeless Trust fails to achieve
the 60% Requirement and fails to take curative measures that are acceptable to the City in its
sole discretion within one hundred twenty (120) days from the date of issuance of the Annual
Report reflecting the failure; and
WHEREAS, having considered the significant benefits associated with obtaining an
allocation of 45 units at Blue Village and 10 beds at Mia Casa for use by persons experiencing
homelessness located in Miami Beach, the Mayor and City Commission have determined that
entering into the MOU, in the form attached as Exhibit A, will serve an important public purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City Commission of the City of Miami
Beach, Florida, approve the Memorandum of Understanding (MOU),between the City of Miami
Beach (City) and the Miami -Dade County Homeless Trust (Homeless Trust) providing for the
contribution of $2 million by the City in exchange for set -asides for Miami Beach persons
experiencing homelessness of forty-five (45) units at Blue Village, located at 18055 SW 12th
street, Miami, FL 33194 and ten (10) beds at Mia Casa, located at 12221 Harriet Tubman
Highway, North Miami, FL 33161, which MOU includes the following additional key terms: (1) a
90% housing retention performance indicator aspiration goal; (2) a 60% housing retention
performance indicator requirement; (3) a termination right in favor of the City if the Homeless Trust
fails to achieve the 60% housing retention requirement and does not take curative measures
acceptable to the city within 120 days from the date the annual report reflecting the failure; (4) a
termination for convenience right in favor of the Homeless Trust that may be exercised at any
time prior to payment in full by the City subject to repayment to the City of all amounts theretofore
paid plus interest thereon; and further, authorize the City Manager and the City Clerk to execute
the MOU in the form attached as Exhibit A following approval of the MOU by the Miami -Dade
County Board of Commissioners.
PASSED and ADOPTED this
ATTEST:
3 day of Sep4•wler , 2023.
6dG'd ®3 2023
__�y RAFAEL E. GkANADO, CITY CLERK
1NCORP DRAT
DAN GELBER, MAYOR
APPROVED ASTO
FORM & LANGUAGE
&, FOR EXECUTION
rV_c__< l I - Z.-23
City Attorney _pfja Date
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
MIAMI BEACH
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF MIAMI BEACH
AND
MIAMI-DADE COUNTY HOMELESS TRUST
This Memorandum of Understanding (this "MOU" or this "Agreement'), consisting of Article I (Project
Summary) and Article II (General Conditions) is made and entered into this . day of
, 20 by and between the City of Miami Beach, Florida, a Florida municipal
corporation (hereinafter the "City"), with its office located at 1700 Convention Center Drive, Miami
Beach, FL 331.39 and the Miami -Dade County Homeless Trust, an agency and instrumentality of
Miami -Dade County, a political subdivision of the State of Florida (hereinafter "Homeless Trust'), with
its offices located at 111 NW 111 Street, 27th Floor, Miami, FL 33128.
ARTICLE I / PROJECT SUMMARY
Homeless Trust: Miami -Dade County Homeless Trust
Homeless Trust CONTRACT ADMINISTRATOR: Victoria Mallette
ADDRESS:
111 NW V Street, 27th Floor
CITY, STATE, ZIP:
Miami, FL 33128
PHONE, FAX, E-MAIL:
305-375-1490, 305-375-2722
victoria.mallette@miamidade.gov
PROJECT AMOUNT:
Up to $2,000,000.00 (the "Project Amount'),
$1,000,000.00 of which has previously been
appropriated, and the remaining $1,000,000.00 of
which shall be subject to and contingent upon
appropriation by the City Commission in its sole
discretion following approval of this Agreement by
.the Miami -Dade County Board of County
Commissioners.
PROJECT DESCRIPTION:
See Exhibit 1 attached hereto
PAYMENT TERMS:
$333,333.33 to be paid within 45 days from receipt
of an invoice following the execution of the
agreement
$333,333.33 within 45 days from receipt of an
invoice confirming commencement of construction
at Blue Village
The balance of $1,333,333.34) within 45 days from
receipt of an invoice issued by the Homeless Trust
after the earlier of (a) initial occupancy by 45 Miami
Beach persons experiencing homelessness at
Blue Village or (b) documentary evidence that a
Temporary Certificate of Occupancy for all units at
Blue Village has been obtained by the Homeless
Trust
Invoices to be submitted by the Homeless Trust to
the City shall be in the form of Exhibit 1.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
FOR CITY:
ATTEST:
Rafael E. Granado, City Clerk
Date
FOR MIAMI-DADE COUNTY HOMELESS TRUST:
ATTEST:
0
Print Name and Title
Date
Page 2
City of Miami Beach, Florida
Alina T. Hudak, City Manager
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
4VP- + 7/24/2023
wry CRYAttomey We
Miami -Dade County Homeless
Trust
Daniella Levine Cava, Mayor
ARTICLE II / GENERAL CONDITIONS
1. PARTIES: The parties to this Agreement are the Homeless Trust and the City, a municipal
corporation organized under the laws of the State of Florida. The City has delegated the responsibility
of administering this MOU to the City Manager or the City Manager's authorized designee (the "Contract
Administrator").
2. PROJECT DESCRIPTION: The Homeless Trust may only use the project funds for the purposes
specifically described in the Project Description, attached hereto as Exhibit 2. Any modification to Exhibit
2 shall not be effective unless approved by written amendment to this Agreement executed by the City
and Homeless Trust. The Homeless Trust will designate 45 units at Blue Village and 10 beds at Mia
Casa (or such other locations as the parties may mutually agree) to the City while these units remain in
ownership or control of the Homeless Trust or any other instrumentality of Miami -Dade County or other
successor entity that provides housing and services to persons experiencing homelessness.
3. PROJECT BUDGET: Subject to the availability of City funds, the maximum amount payable to
the Homeless Trust for housing units or services rendered under this Agreement shall not exceed the
Project Amount as set forth in Article I of this Agreement. The Homeless Trust agrees that should
available City funding be reduced, the amount payable under this Agreement will be reduced at the sole
discretion of the City. All Homeless Trust expenditures are subject to the terms of this Agreement, and
as specified in the Project Description. Notwithstanding the foregoing, no modification to the Project
fund amount shall exceed the Project Amount set forth in Article I of this Agreement. Any request by
Homeless Trust to modify the Project amount shall be made in writing, using City approved forms,
detailing and justifying the need for such changes.
4. REPORTS: The Project funds have been awarded with the understanding that the activities and
services contemplated under the Project Description will mutually contribute to the enhancement of
services available to City residents and visitors. As a condition of disbursements of Project funds, and
to demonstrate that the Project funds are fulfilling, or have fulfilled, their purpose, the Homeless Trust
must submit an annual report to the Contract Administrator, and report vacancies of the units/beds
committed, as described in Exhibit 2.
5. PROJECT AMOUNT AND PAYMENT SCHEDULE: The Project Amount is set forth in Article I,
subject to the restrictions set forth herein. For the avoidance of doubt, $1,000,000.00 of the Project
Amount has previously been appropriated, but the remaining $1,000,000.00 shall be subject to and
contingent upon appropriation by the City Commission in its sole discretion, provided, in the event the
City Commission shall fail to approve and appropriate the additional $1,000,000 within ninety (90) days
following approval of this Agreement by the Miami -Dade County Board of County Commissioners, then
this Agreement shall be automatically terminated and of no further force or effect. In awarding the
Project funds, the City assumes no obligation to provide financial support of any type whatsoever in
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excess of the Project Amount. Cost overruns are the sole principal responsibility of the Homeless Trust.
The Payment Schedule is as follows:
A. $333,333.33 to be paid within 45 days from receipt of an invoice following the execution of the
agreement
B. $333,333.33 within 45 days from receipt of an invoice confirming of commencement of
construction at Blue Village
C. The balance of $1,333,333.34 within 45 days from the earlier of (a) initial occupancy by 45
Miami Beach persons experiencing homelessness at Blue Village or (b) receipt of an invoice
confirming with documentary evidence that a Temporary Certificate of Occupancy for all units
at Blue Village has been obtained by the Homeless Trust
D. Invoices submitted by the Homeless Trust shall be in the form of Exhibit 1 attached.
6. PROJECT RESTRICTIONS: Project funds awarded pursuant to this Agreement may only be
used for the acquisition and rehabilitation of new permanent housing units by the Homeless Trust as
described in Exhibit 2. The funds may not be used for the following expenditures: remuneration of
Homeless Trust employees for services rendered as part of a Project funded by these Project funds;
debt reduction; social and/or fundraising events; cash prizes; lobbying or propaganda materials;
charitable contributions; or events not open to the public.
7. NO GUARANTEE OF FUNDING: The Homeless Trust acknowledges that the receipt of these
Project funds does not imply a commitment on behalf of the City to continue to or provide funding
beyond the terms specified in this Agreement.
8. PROGRAM MONITORING AND EVALUATION: The City Manager or the City Manager's
designee may monitor and conduct an evaluation of the Project under this Agreement, which may
include, with or without limitation, visits by City representatives to Homeless Trust offices and/or the site
of any project funded by these Project funds, to observe the Homeless Trust programs, procedures,
and operations, or to discuss the Homeless Trust programs with Homeless Trust personnel; and/or
requests for submittal of additional documentation or written reports on the acquisition and rehabilitation
on the properties acquired and rehabilitated by the Homeless Trust with Project funds.
9. BANK ACCOUNTS AND BONDING: The Homeless Trust shall maintain all monies received
pursuant to this Agreement in an account with a bank or savings and loan association that is located in
Miami -Dade County. The Homeless Trust shall provide the City with the name of the bank or savings
and loan association, as well as the name and title of all individuals authorized to withdraw or write
checks on Project funds.
10. ACCOUNTING AND FINANCIAL REVIEW: The Homeless Trust shall keep accurate and
complete books and records of all receipts and expenditures of Project funds, in conformance with
reasonable accounting standards. These books and records, as well as all documents pertaining to
Page 4
payments received and made in conjunction with this Agreement, including, without limitation, vouchers,
bills, invoices, receipts and canceled checks, shall be dated within the fiscal year for which they are
approved and retained in Miami -Dade County in a secure place and in an orderly fashion by the
Homeless Trust. These books, records, and documents may be requested and examined by the City,
and/or its authorized representatives, at the Homeless Trust's offices during regular business hours and
upon reasonable notice. Furthermore, the City may, at its expense, audit or have audited, all the
financial records of the Homeless Trust, whether or not purported to be related to this Agreement.
The Homeless Trust costs or earnings claimed under this Agreement may not also be claimed under
any other Agreement from the City of Miami Beach or from any other entity. Any claim for double
payment by the Homeless Trust shall be a material breach of this Agreement.
11. INSPECTOR GENERAL AUDIT RIGHTS:
A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the
Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and
investigations on all City contracts, throughout the duration of said contracts. This random audit is
separate and distinct from any other audit performed by or on behalf of the City.
B. The Office of the Inspector General is authorized to investigate City affairs and empowered to
review past, present and proposed City programs, accounts, records, contracts and transactions. In
addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the
production of witnesses and monitor City projects and programs. Monitoring of an existing City project
or program may include a report concerning whether the project is on time, within budget and in
conformance with the contract documents and applicable law. The Inspector General shall have the
power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance
and procurement process including but not limited to project design, bid specifications, (bid/proposal)
submittals, activities of the Homeless Trust, its officers, agents and employees, lobbyists, City staff and
elected officials,to ensure compliance with the contract documents and to detect fraud and corruption.
Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual
contract expenditures to fund the activities and operations of the Office of Inspector General.
C. Upon ten (10) days written notice to the Homeless Trust, the Homeless Trust shall make all
requested records and documents available to the Inspector General for inspection and copying. The
Inspector General is empowered to retain the services of independent private sector auditors to audit,
investigate, monitor, oversee, inspect and review operations activities, performance and procurement
process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities
of Homeless Trust, its officers, agents and employees, lobbyists, City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
Page 5
D. The Inspector General shall have the right to inspect and copy all documents and records in the
Homeless Trust possession, custody or control which in the Inspector General's sole judgment, pertain
to performance of the contract, including, but not limited to original estimate files, change order estimate
files, worksheets, proposals and agreements from and with successful subcontractors and suppliers,
all project -related correspondence, memoranda, instructions, financial documents, construction
documents, (bid/proposal) and contract documents, back -change documents, all documents and
records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends
received, payroll and personnel records and supporting documentation for the aforesaid documents
and records.
E. The Homeless Trust shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and performance of this
Agreement, for examination, audit, or reproduction, in perpetuity after final payment under this
Agreement or for any longer period required by statute or by other clauses of this contract. In addition:
i. If this Agreement is completely or partially terminated, the Homeless Trust shall make
available records relating to the work terminated until three (3) years after any resulting final
termination settlement; and
ii. The Homeless Trust shall make available records relating to appeals or to litigation or the
settlement of claims arising under or relating to this Agreement until such appeals, litigation,
or claims are finally resolved.
F. The provisions in this section shall apply to the Homeless Trust, its officers, agents, employees,
subcontractors and suppliers. The Homeless Trust shall include the Miami -Dade County Office of
Inspector General provisions in its contracts with subcontractors and suppliers who work on the Project
and the Homeless Trust shall notify the Office of the Inspector General of the City of Miami Beach of
any findings made by the County's Office of the Inspector General relating to any such subcontractors
or suppliers.
G. Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they be construed
to impose any liability on the City by the Homeless Trust or third parties.
13. PUBLICITY AND CREDITS: The Homeless Trust must include the City logo and the following
credit line in all printed publications related to this Agreement or the activities funded under this
Agreement: "This Project is funded in part by funding from the City of Miami Beach." Failure by
the Homeless Trust to comply with this paragraph may preclude future funding from the City, in the
same manner as if the Homeless Trust defaulted under this Agreement.
Page 6
14. LIABILITY AND INDEMNIFICATION: The Homeless Trust shall indemnify and hold harmless
the City and its officials, officers, employees, agents, and contractors, from and against any and all
actions (whether at law or in equity), claims, liabilities, losses, expenses, or damages, including, without
limitation, attorneys' fees and costs of defense, for personal, economic, or bodily injury, wrongful death,
or loss of or damage to property, which the City or its officers, employees, agents and contractors may
incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising
out of, relating to, or resulting from the performance of this Agreement by the Homeless Trust or its
officers, employees, agents, servants, partners, principals or contractors. The Homeless Trust shall pay
all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions
of any kind or nature in the name of the City, where applicable, including appellate proceedings, and
shall pay all costs, judgments, and attorneys' fees which may issue thereon. The Homeless Trust
expressly understands and agrees that any insurance protection required by this Agreement, or
otherwise provided, shall in no way limit its obligation, as set forth herein, to indemnify, hold harmless,
and defend the City or its officers, employees, agents, and contractors as herein provided.
If the Homeless Trust is a government entity, this indemnification shall only be to the extent and
within the limitations of Section 768.28, Florida Statutes, subject to the provisions of that Statute
whereby the Homeless Trust entity shall not be held liable to pay a personal injury or property damage
claim or judgment by any one person which exceeds the sum of $200,000, or any claim or judgment or
portions thereof, which, when totaled with all other claims or judgments paid by the government entity
arising out of the same incident or occurrence, exceed the sum of $300,000 from any and all personal
injury or property damage claims, liabilities, losses or causes of action which may arise as a result of
the negligence of the Homeless Trust entity.
15. ASSIGNMENT: The Homeless Trust shall not be permitted to assign this Agreement, and any
purported assignment will be void, and shall be treated as an event of default pursuant to this
Agreement.
16. COMPLIANCE WITH LAWS: The Homeless Trust agrees to abide by and be governed by all
applicable Federal, State, County and City laws, including but not limited to Miami -Dade County's
Conflict of Interest and Code of Ethics Ordinance, as amended, which is incorporated herein by
reference as if fully set forth herein, and Chapter 2, Article VI I of the City Code, as amended, which is
incorporated herein by reference as if fully set forth herein.
17. DEFAULT/TERMINATION PROVISIONS: The City Manager or the City Manager's designee
may terminate this Agreement for cause and withhold or cancel all or any unpaid installments of the
Project funds upon giving five (5) calendar days written notice to the Homeless Trust in the event the
Homeless Trust (1) fails to commence construction of the improvements at Blue Village by or before
December 31, 2024, (2) fails to receive a temporary certificate of occupancy for all units at Blue Village
by or before 18 months following the date of commencement of construction, but not later than June
30, 2026, (3) fails to comply with its obligations to notify the City of openings and process referrals in
Page 7
accordance with the provisions of Exhibit 2, or (4) fails to achieve the housing retention performance
indicator set forth in Exhibit 2 (i.e., 60% of referrals shall not return to homelessness within 1 year), as
measured annually, and fails to take curative measures that are acceptable to the City in its sole
discretion 'within one hundred twenty (120) days from the date of issuance of the Annual Report
reflecting the failure (but not later than April 30 of the applicable calendar year). Following any such
termination, the City shall have no further obligation to the Homeless Trust under this Agreement.
Further, in the event of termination for cause by the City, the Homeless Trust shall be required to
immediately repay to the City all portions of the Project funds which have been received by the
Homeless Trust. In the event the City shall fail to pay any installment on or before its due date, the
Homeless Trust may terminate this Agreement upon giving five (5) calendar days written notice to the
City, and the Homeless Trust shall have no further obligation to the City under this Agreement (other
than any.indemnification obligations that survive the termination). In the event of such termination for
cause by the Homeless Trust, the Homeless Trust shall promptly repay all portions of the Project funds
which have been received by the Homeless Trust. At any time before the City pays the final installment
of the Project funds, the Homeless Trust may terminate this Agreement for convenience by repaying
the City 100% of all Project funds plus interest at the rate prescribed by Section 55.03, Florida Statutes,
with interest accrual to be calculated with regard to each installment by reference to the date such
installment was paid.
Otherwise, this agreement shall continue in effect from year to year unless amended or
terminated by the consent of all of the parties hereto.
These provisions shall not waive or preclude the City from pursuing any other remedies that
may be available to it under the law.
18. FLORIDA PUBLIC RECORDS ACT:
A. The Homeless Trust shall comply with Florida Public Records Act under Chapter 119,
Florida Statutes, as may be amended from time to time.
B. The term "public records" shall have the meaning set forth in Section 119.011(12), which
means all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or ordinance or in
connection with the transaction of official business of the City.
C. Pursuant to Section 119.0701 of the Florida Statutes, if the Homeless Trust meets the
definition of "Contractor" as defined in Section 119.0701(1)(a), the Homeless Trust shall:
Keep and maintain public records required by the City to perform the service;
Page 8
ii. Upon request from the City's custodian of public records, provide the City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time
at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as
otherwise provided by law;
iii. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed, except as authorized by law, for the duration of
the contract term and following completion of the Agreement if the Homeless Trust does not
transfer the records to the City;
iv. Upon completion of the Agreement, transfer, at no cost to the City, all public records in
possession of the Homeless Trust or keep and maintain public records required by the City
to perform the service. If Homeless Trust transfers all public records to the City upon
completion of the Agreement, the Homeless Trust shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If
the Homeless Trust keeps and maintains public records upon completion of the Agreement,
the Homeless Trust shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information technology
systems of the City.
D. REQUEST FOR RECORDS; NONCOMPLIANCE
A request to inspect or copy public records relating to the City's contract for services must
be made directly to the City. If the City does not possess the requested records, the City
shall immediately notify the Homeless Trust of the request, and the Homeless Trust must
provide the records to the City or allow the records to be inspected or copied within a
reasonable time.
ii. The Homeless Trust failure to comply with the City's request for records shall constitute a
breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate
the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or (3) avail
itself of any available remedies at law or in equity.
iii. If the Homeless Trust fails to provide the public records to the City within a reasonable time
may be subject to penalties under s. 119.10.
E. CIVIL ACTION
If a civil action is filed against the Homeless Trust to compel production of public records
relating to the City's contract for services, the court shall assess and award against the
Page 9
Homeless Trust the reasonable costs of enforcement, including reasonable attorneys' fees,
if:
a. The court determines that the Homeless Trust unlawfully refused to comply with the
public records request within a reasonable time; and
b. At least eight (8) business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the Homeless Trust has
.not complied with the request, to the City and to the Homeless Trust.
ii. A notice complies with subparagraph (i)(b) if it is sent to the City's custodian of public records
and to the Homeless Trust at the Homeless Trust address listed on its agreement with the
City or to the Homeless Trust's registered agent. Such notices must be sent by common
carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with
postage or shipping paid by the sender and with evidence of delivery, which may be in an
electronic format.
iii. If the Homeless Trust complies with a public records request within eight (8) business days
after the notice is sent is not liable for the reasonable costs of enforcement.
F. IF THE HOMELESS TRUST HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE HOMELESS TRUST'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL:RAFAELGRANADO(a)-MIAMIBEACHFL.GOV
PHONE: 306-673-7411
19. E-VERIFY:
A. The Homeless Trust shall comply with Section 448.095, Florida Statutes, "Employment
Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify
Statute, commencing on January 1, 2021, the Homeless7rust shall register with and use the E-
Verify system to verify the work authorization status of all newly hired employees during the
Term of the Agreement. Additionally, the Homeless Trust shall expressly require any approved
subcontractor performing work or providing services pursuant to the Agreement to likewise
utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment
Page 10
eligibility of all new employees hired by the subcontractor during the contract Term. If the
Homeless Trust enters into a contract with an approved subcontractor, the subcontractor must
provide the Homeless Trust with an affidavit stating that the subcontractor does not employ,
contract with, or subcontract with an unauthorized alien. The Homeless Trust shall maintain a
copy of such affidavit for the duration of the Agreement or such other extended period as may
be required under this Agreement.
B. TERMINATION RIGHTS
i. If the City has a good faith belief that the Homeless Trust has knowingly violated Section
448.09(1), Florida Statutes, the City shall terminate this Agreement with the Homeless
Trust for cause, and City shall thereafter have or owe no further obligation or liability to
the Homeless Trust.
ii. If the City has a good faith belief that a subcontractor has. knowingly violated the
foregoing Subsection 19(A), but the Homeless Trust otherwise complied with such
section, the City will promptly notify the Homeless Trust and order the Homeless Trust
to immediately terminate the contract with the subcontractor. The Homeless Trust's
failure to terminate a subcontractor shall be an event of default under this Agreement,
entitling City to terminate the Homeless Trust contract for cause.
iii. A contract terminated under the foregoing Subsections (B)(i) or (B)(ii) is not in breach of
contract and may not be considered as such.
iv. The City or the Homeless Trust or a subcontractor may file an action with the Circuit or
County Court to challenge a termination under the foregoing Subsections (B)(i) or (B)(ii)
no later than twenty (20) calendar days after the date on which the contract was
terminated.
v. If the City terminates the Agreement with the Homeless Trust under the foregoing
Subsection 19(A), the Homeless Trust may not be awarded a public contract for at least
one (1) year after the date of termination of this Agreement.
20. WRITTEN NOTICES: Any notices required under this Agreement will be effective when
delivered to the City in writing and addressed to the City Contract Administrator. Any notices required
under this Agreement will be effective when delivered to Homeless Trust in writing and addressed to
Homeless Trust Contract Administrator.
21. CITY CONTRACT ADMINISTRATOR: All contract related questions, reports and requests for
reimbursements to be submitted to the City Contract Administrator listed below.
Page 11
Alba Ana Tarre
Director
Office of Housing and Community Services
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Tel: 305-673-7000 ext. 26175
Email: albatarre(a)-miamibeachfl.gov
ARTICLE III / MISCELLANEOUS PROVISIONS
22. PUBLIC PURPOSE: The Project funds awarded herein is the result of a finding by the City,
based on representatives, documents, materials and other information supplied by the Homeless Trust,
that Homeless Trust is performing a public purpose through the programs, projects, and/or services
recommended for support. As such, use of Project funds for any program component not meeting this
condition will be considered a breach of the terms of this Agreement and will allow the City to seek
remedies including, but not limited to, those outlined in this. Agreement.
23. NO DISCRIMINATION: The Homeless" Trust also accepts and agrees to comply with the
following Special Conditions:
A. The Homeless Trust hereby agrees that it will comply with Title VII of the Civil Rights Act of
1964 (Pub. L. 88-352) (Title VII), as amended, as it appears in volume 42 of the United
States Code, beginning at section 2000e, prohibiting employment discrimination based on
race, color, religion, sex and national origin.
B. The Homeless Trust hereby agrees that it will comply with City of Miami Beach Human
Rights Ordinance as codified in Chapter 62 of the City Code, as may be amended from time
to time, prohibiting discrimination in employment (including independent contractors),
housing and public accommodations, public services and in connection with its membership
or policies on account of actual or perceived race, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation, marital and familial status, age, disability,
ancestry, height, weight, hair texture and/or hairstyle, domestic partner status, labor
organization membership, familial situation, or political affiliation.
C. The City endorses, and the Homeless Trust shall comply with, the clear mandate of the
Americans with Disabilities Act of 1990 (ADA) to remove barriers, which prevents qualified
individuals with disabilities from enjoying the same employment opportunities that are
available to persons without disabilities.
Page 12
D. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and
prohibits discrimination on the basis of disability and requires that the Homeless Trust
provides equal access and equal opportunity and services without discrimination on the
basis of any disability.
24. GOVERNING LAW AND EXCLUSIVE VENUE: This Agreement shall be governed by, and
construed in accordance with, the laws of the State of Florida, both substantive and remedial, without
regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this
Agreement shall be Miami -Dade- County, Florida, if in State court, and the U.S. District Court, Southern
District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, THE CITY AND THE
HOMELESS TRUST EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY
JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
25. NO WAIVER: No waiver of any breach or failure to enforce any of the terms, covenants,
conditions or other provisions of this Agreement by either party at any time shall in any way affect, limit,
modify or waive either parry's right thereafter to enforce or compel strict compliance with every term,
covenant, condition or other provision hereof.
26. CAPTIONS USED IN THIS AGREEMENT: Captions, as used in this Agreement, are for
convenience of reference only and should not be deemed or construed as in any way limiting or
extending the language or provisions to which such captions may refer.
27. CONTRACT REPRESENTS TOTAL AGREEMENT: This contract, including its special
conditions and exhibits, represents the whole and total agreement of the parties. No representations,
except those contained within this Agreement and its attachments, are to be considered in construing
its terms. No modifications or amendments may be made to this Agreement unless made in writing
signed by both parties. Any modification to the Project Amount shall require approval by the Mayor and
City Commission.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
Page 13
EXHIBIT 1
FORM OF INVOICE
Page 14
PROJECT DESCRIPTION
BACKGROUND
At the October 26, 2022 Miami Beach City Commission meeting, the Mayor and City Commission
appropriated $1 million for the Homeless Trust toward the acquisition and/or renovations of certain
property located outside of the City of Miami Beach, for the purpose of providing housing and services
to persons experiencing homelessness. As part of the City Commission's approval of the $1 million
funding request, and together with the City's commitment to work to identify at least another $1 million
in additional funds, the Homeless Trust committed to provide the City, on an ongoing basis, fifty-five
(55) units to house fifty-five (55) people, to include: forty-five (45) single occupancy units at Blue Village,
located at 18055 SW 12th Street, Miami, FL 33194, and ten (10) beds at Mia Casa located at 12221
Harriet Tubman Highway, North Miami, FL 33161.,
a) Mia Casa is a non -time limited housing option for seniors of any gender 65 years of age and
older experiencing homelessness. The property includes sixty-five (65) shared rooms (2 persons
per room, a few rooms are single occupancy) with a maximum capacity of 120 persons. The
acquisition of Mia "Casa was completed on January 31, 2023, and on that same date, the
Homeless Trust entered into an agreement with Mia Casa at North Miami, LLC to operate the
property on behalf of the Homeless Trust. Beginning in April 2020 as a response to the COVID-
19 pandemic, the Homeless Trust began leasing Mia Casa while funding Mia Casa at North
Miami, LLC to operate the facility as a COVID-19 quarantine and isolation site for seniors
experiencing homelessness. Mia Casa was acquired using the HOME Investment Partnerships
American Rescue Plan Program (HOME -ARP), provided through Miami -Dade Public Housing
and Community Development along with a Special Appropriation provided by the State of
Florida. Mia Casa is being operated using Food and Beverage (F&B) Tax Proceeds. Additional
Food and Beverage Tax proceeds have also been set aside for capital improvements, as
needed. Clients placed at Mia Casa are eligible to move onto other housing options within the
Continuum of Care. Clients are most often referred to Mia Casa directly, from the streets; others
are referred when discharged from institutions such as area hospitals and crisis units. Seniors
who meet Category 1 and 2 of the United States Housing and Urban Development (HUD)
homeless definition as outlined in the Homeless Emergency Assistance and Rapid Transition to
Housing (HEARTH) Act are eligible for placement.
b) Blue Village is envisioned to be non -time -limited housing with services for unsheltered single
adult men with specific types of needs that have the ability to live independently. This includes
persons with co-occurring disorders (i.e., mental illness, and/or substance use disorders);
persons with tri-Morbidities which include co-occurring disorders with a chronic medical
condition; the reentry population; and other marginalized persons experiencing homelessness
that have proved particularly hard to house and serve. The Homeless Trust is repurposing this
facility which currently includes 112 beds, but upon completion of renovations is expected to
have at least 190 single occupancy units, with shared restrooms, showers and a cafeteria area.
Miami -Dade County, through the Homeless Trust, successfully purchased the release of a deed
restriction on this property from the United States General Services Administration on January
23, 2023 using local funding provided by Miami -Dade County. The Homeless Trust has
competitively selected both a design firm and an operator. A timeline for completion and
occupancy is in development, however the property is expected to be operational in Fiscal Year
2023-2024.
As the acquisition of both of the above properties is complete, funding provided by the City of
Miami Beach will be used to offset the cost of Blue Village renovations. These acquisitions are
Page 15
part of a larger effort by the Homeless Trust to increase the capacity of available housing .for
persons experiencing homelessness to include an appropriate level of supportive services for
these specialized populations.
PROGRAM DESCRIPTION
In exchange for project funds provided by the City of Miami Beach, the Homeless Trust will set aside
forty-five (45) units for adult men at Blue Village and ten (10) beds for seniors of any gender aged sixty-
five (65) and older at Mia Casa with prioritization for Miami Beach individuals experiencing
homelessness. Both Mia Casa and Blue Village are unique projects within the Homeless Trust's
Continuum of Care, one serving seniors exclusively and the other focused exclusively on single adult
men, as the Homeless Trust seeks to better meet the needs and coordinate housing and services for
specific sub -populations experiencing homelessness.
Reporting Requirements
The following are reporting requirements:
• Status report on Blue Village renovations up to and until a Temporary Certificate of Occupancy
(TCO) is obtained (quarterly)
• Total number set -aside beds/units in project(s) utilized by Miami Beach (annually)
Key Performance Indicators
Income Growth Aspirational Goal: At least 20% of persons placed in permanent housing will
obtain or increase income as a result of program participation.
Housing Retention Aspirational Goal: 90% of clients will not return to homelessness after 1
year.
Housing Retention Requirement: 60% of clients will not return to homelessness after 1 year.
The Income Growth Aspirational Goal and the Housing Retention Aspiration Goal are aspirational in
nature, and the failure to meet either or both such goals is not a breach of contract and may not be
considered as such, nor shall failure to meet either or both such goal be the basis for termination of the
contract. The Housing Retention Requirement is a material contractual requirement, and, the failure to
achieve 60% housing retention for clients referred by the City pursuant to this Agreement (as measured
on an annual basis in the manner set forth below) shall constitute a breach, and the City shall have the
right to terminate this Agreement in accordance with Section 17 in the event the Homeless Trust fails
to take curative measures that are acceptable to the City in its sole discretion within one hundred twenty
(120) days from the date of issuance of the Annual Report reflecting the failure (but not later than April
30 of the applicable calendar year)(the "Cure Period"). The Homeless Trust shall meaningfully consult
with the City Manager or her designee to devise an acceptable cure plan during the Cure Period.
Curative measures may include, without limitation, one or more of the following depending. upon the
factors identified by the City and/or the Homeless Trust as having contributed to the failure to meet the
Housing Retention Requirement for the applicable annual period: (a) speaking with clients with a
negative exit; (b) placing a service provider on a performance improvement plan; (c) replacing a non-
performing service provider; (d) amending line items within the applicable budget(s) to address gaps
and needs not originally contemplated (e.g., to enhance staff, to enhance services levels, to provide
additional staff training or to address other deficiencies identified); and/or (e) adjusting the program
model based on all available relevant data.
Procedure to Measure Housing Retention Performance Indicator
Using HMIS data, (1) add all Clients referred by the City to Mia Casa and Blue Village during the 12-
Page 16
month period immediately preceding the applicable reporting period (i.e., if the applicable reporting
period is the year ending 12/30/2025, then the applicable population would include referrals during the
12-month period ending 12/30/2024) ("Miami Beach Project Referrals During the Preceding Period"),
then (2) determine the number of Miami Beach Project Referrals During the Preceding Period who
remained in permanent housing (excluding rapid rehousing), whether within or outside of the system,
for a period of at least one (1) year from the intake date, then (3) divide the number determined in the
second step by the number determined in the first step.
By way of example, if the City referred 30 Clients to Mia Casa and Blue Village during the 12-month
period ending 12/30/2024, and 21 of those 30 Clients had remained in permanent housing (excluding
rapid rehousing) for a period of at least one (1) year from 12/30/2024, then the Housing Retention
Performance Indicator would be 70%.
Beneficiaries/Participants ("Clients"): Homeless.individuals currently residing unsheltered on Miami
Beach or individuals who previously resided on Miami Beach but are currently unsheltered outside of
the City of Miami Beach, including those in emergency or transitional housing, as evidenced by HMIS.
Services: Under this Agreement, funding provided by the City will be used by the Homeless Trust for
the following:
Renovations: The renovation of units at Blue Village to include 45 units set -aside for adult men
experiencing homelessness in the City of Miami Beach.
Performance Reporting: The Homeless Trust will facilitate access to housing data by the City
of Miami Beach's Information Technology Department through a systematic method. Access
can be provided via Application Programming Interface (API), routinely scheduled data
transfers, or other secure technology methods mutually agreed upon for analytics purposes. The
Homeless Trust will use commercially reasonable efforts to cause the creation of a Miami Beach
Project Account in the Homeless Management Information System (HMIS), allowing the City to
generate housing status reports relating to Blue Village and Mia Casa, including reports specific
to the individuals placed in the 45 units and 10 beds allocated to Miami Beach. The City shall
be solely responsible for any costs associated with licensing or purchasing the API or other
secure technology used to access the HMIS.
Referrals: Miami Beach's Office of Housing and Community Services will work in partnership with the
Homeless Trust to refer eligible households to the program. With the consent of both parties, the referral
timeline may be amended from time to time to ensure that units/beds committed to Miami Beach are
maximized.
Homeless Trust Responsibilities
a) Blue Village
(1) The Homeless Trust or its designee will systematically alert the Miami Beach Office of
Housing and Community Services Homeless Outreach Services Team via email or other agreed
upon mechanisms, of anticipated or available set -aside units. Notification of a vacancy will
happen within seven (7) days.
(2) The City of Miami Beach, in partnership with the Homeless Trust Housing Coordinator or
other designee, will identify and refer eligible individuals to fill the 45 set -aside units prioritized
Page 17
for Miami Beach clients experiencing homelessness. Persons referred will be opened in HMIS,
with universal data elements and vulnerability assessment completed, and will reside on Miami
Beach or will have previously resided on Miami Beach.
Point of Contact:
Carlos Laso
Homeless Trust Housing Coordinator
305-375-4410
carlos.laso(a-miamidade.gov
(3) Miami Beach referrals will follow the Coordinated Entry Process and Orders of Priority
outlined by the Continuum of Care ("CoC"), which are available for viewing on the Homeless
Trust's website.and may be amended from time to time by the CoC.
(4) As Blue Village is expected to open in phases, at initial occupancy one of every four referrals
will be offered to Miami Beach in order to ensure other persons experiencing homelessness
throughout Miami -Dade County have access to Blue Village units.
(5) If the Trust or Miami Beach is unable to identify and refer an eligible adult male individual
from Miami Beach within seven (7) calendar days, the Homeless Trust is authorized to refer
other eligible persons experiencing homelessness across Miami -Dade into the vacant unit. In
such a case, the next vacant unit within the property will be offered to the City of Miami Beach
in an effort to reach the 45-unit commitment at Blue Village..
(6) If a referral is rejected or an offer of housing is declined, the Miami Beach Homeless Outreach
Team can refer additional adult male individuals in an effort to reach the 45-unit set -aside
commitment.
(7) Ensure a general timely response time -for all communications with the MOU partner(s) of no
more than two (2) business days.
b) Mia Casa
(1) Upon execution of this Agreement, the Homeless Trust or its designee(s) will systematically
alert the Miami Beach Office of Housing and Community Services Homeless Outreach Services
Team or its designee(s), .via email or other agreed -upon mechanisms, of anticipated or available
set -aside beds. Notification of a vacancy or anticipated vacancy will be made within 24 hours.
(2) The City of Miami Beach or.its designee(s) will identify and refer eligible individuals 65 and
older experiencing homelessness to the set -aside beds reserved for Miami Beach. Persons
referred will be open(ed) in HMIS by the City of Miami Beach Office of Housing and Community
Services Homeless Outreach Services Team or its designee with universal data elements_ and
vulnerability assessment completed.
(3) Miami Beach. referrals will follow the Coordinated Entry Process, whichis available for
viewing on the Homeless Trust's website and may be amended from time to time by the CoC.
Clients referred must be able to perform activities of daily living without assistance. The operator
of Mia Casa will coordinate with Miami Beach's outreach services to facilitate placement.
(4) If Miami Beach or its designee(s) is unable to identify and refer an eligible household from
Miami Beach within 24 hours, the Homeless Trust is authorized to refer other eligible persons
Page 18
experiencing homelessness across Miami -Dade into the vacant bed. In such a case, the next
vacant bed within the property will be offered to the City of Miami Beach in an effort to reach the
10-bed commitment.
(5) If a referral is rejected or an offer of housing is declined, the Miami Beach Homeless Outreach
Team can refer additional households within the same 24-hour time period in an effort to reach
the 10-bed commitment on a continuing basis. _
(6) Ensure a general timely response time for all communications with the MOU partner(s) of no
more than two (2) business days.
(7) As Mia Casa is already operating and receiving referrals from Miami Beach, clients placed
prior to the execution of the agreement will count toward the 10-bed set -aside commitment,
provided, the 10-bed set aside shall not constitute a ceiling or limitation on the City's ability to
place clients that are age 65 and older at Mia Casa based on availability.
Miami Beach Homeless Outreach Team Responsibilities
a. Upon notification by the Homeless Trust and/or its designee that a referral is needed, the City of
Miami Beach or its designee in partnership with the Homeless Trust or its designee will identify and
select clients experiencing homelessness in Miami Beach following the Coordinated Entry Process
and/or Orders of Priority established by the CoC to fill the set -aside units/beds.
b. Miami Beach's Office of Housing and Community Services and/or its designee will help
coordinate transportation of referred, unsheltered, Miami Beach clients to Blue Village (45) or Mia
Casa (10) for initial intake if the client needs that support.
c. Miami Beach's Office of Housing and Community Services and/or its designee(s) will work in
partnership with the Trust and the contracted operators of Blue Village and Mia Casa to help ensure
required documentation is obtained and retained. To facilitate rapid placement into Blue Village,
documentation is not required upon entry, but should be obtained within 60 days of client placement.
d. Miami Beach's Office of Housing and Community Services and/or its designee(s) will work in
partnership with the Homeless Trust to support clients placed at Blue Village and Mia Casa to
prevent returns to homelessness and successfully exit clients to other permanent housing, as
appropriate.
e. Ensure a general response time for all communications with the MOU partner(s) of no more than
two (2) business days.
REPORTING REQUIREMENTS
Outcome
Measure
Reporting Deadline
Provide housing capacity
Quarterly Reports:
Quarterly reports
to Miami Beach for
Status report on Blue Village
due on March 311
households experiencing
renovations
June 30th
homelessness
September 30th, and
Annual Reports:
December 30th of
• Total number set -aside beds/units
each year.
Page 19
utilized by Miami Beach
• Housing Retention rate Annual reports due
• Income Growth rate on. December 30tn
Page 20
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: September 13, 2023
SUBJECT. DISCUSS/TAKE ACTION REGARDING CRITERIA TO INCLUDE IN THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI
BEACH, FLORIDA, AND THE MIAMI-DADE COUNTY HOMELESS TRUST
IN ORDER TO MEASURE AND FAIRLY EVALUATE THE SUCCESS OF THE
CITY'S RECENT INVESTMENT OF $1 MILLION FOR THE HOMELESS
TRUST TO PURCHASE PROPERTY TO PROVIDE HOUSING
ASSISTANCE TO HOMELESS PERSONS.
RECOMMENDATION
The Administration seeks approval of the proposed terms for the Memorandum of
Understanding (MOU) between the City of Miami Beach and the Miami -Dade County
Homeless Trust.
On September 21, 2022, the City received a request from the Miami -Dade County Homeless
Trust ("Homeless Trust") for $3 million to scale housing needed to further combat
homelessness in the City of Miami Beach and beyond. These funds, in conjunction with funding
received from Miami -Dade County and other municipalities, would be utilized by the Homeless
Trust to acquire and renovate no fewer than four (4) properties to better support individuals and
households living on the streets or staying in temporary emergency shelters without viable
permanent housing options.
At the September 30, 2022, Finance and Economic Resiliency Committee (FERC) meeting;
representatives from the Homeless Trust presented their request for $3 million in funding. After
extensive discussion, the FERC recommended initial funding of $1 million, comprised of
approximately $277,912 in HOME Investment Partnership American Rescue Plan Program
(HOME -ARP) funding received by the City from the U.S. Department of Housing and Urban
Development (HUD) that remains unallocated, subject to HUD approval, and approximately
$723,000 from projected FY 2022 year-end General Fund surplus, with the commitment to look
for additional funds.
However, at the October 26, 2022 City Commission meeting, the Mayor and City Commission
approved the allocation of $1 million to the Homeless Trust solely from General Fund via
Resolution No. 2022-32382.
Page 2437 of 2938
On November 16, 2022, at the request of Commissioner Meiner, the City Commission referred
an item to the Public Safety and Neighborhood Quality of Life Committee (PSNQLC) to
discuss the criteria associated with the Intedocal Agreement (Memorandum of Understanding)
with the Homeless Trust, including the timing for placements, the total number of placements,
the duration of placements, and other factors that could serve as a basis for evaluating any
future requests for additional funding from the Homeless Trust.
On December 14, 2022, at the request of Commissioner Fernandez, the City Commission
referred an item to the FERC to discuss the performance benchmarks associated with the $1
million allocation to the Homeless Trust.
On February 1, 2023, at the request of Commissioner Richardson, the City Commission
referred a discussion item to the FERC to discuss additional funding for the Homeless Trust.
On February 17, 2023, the FERC referred the Agreement to the full City Commission to
identify and appropriate additional funding in the amount of $1 million.
The Administration negotiated a Memorandum of Understanding (MOU) between the City and
the County (Homeless Trust) to allocate the appropriated General Fund reserves of $1 million
for a combination of forty-five (45) units and ten (10) beds to house City of Miami Beach
homeless clients.
At the April 28, 2023, City Commission meeting, the Mayor and City Commission adopted
Resolution No. 2023-32595, approving the draft MOU with the following revisions:
(1) to make the 90% housing retention performance indicator a requirement instead of an
aspirational goal;
(2) to give the City the right to terminate the MOU and receive a refund of project funds
contributed if the Homeless Trust fails to achieve the 90% housing retention requirement;
(3) grant the Homeless Trust the right'to terminate the MOU by repaying the City 100% of all
project funds; and
(4) to increase the City's contribution by an additional $1 million to $2 million in the aggregate,
subject to and contingent upon subsequent City Commission approval and appropriation
following approval of the MOU by the Miami -Dade County Board of County Commissioners.
On May 24, 2023, the Miami -Dade County Homeless Trust sent a correspondence to the
Administration requesting additional revisions to the terms of the MOU, as approved by
Resolution No. 2023-32595. The Administration has worked with the City Attorney's Office to
revise and finalize the MOU pursuant to the modifications requested by the Homeless Trust.
ANALYSIS
Memorandum of Understanding
The Office of Housing and Community Services will be responsible for administering the MOU
and will work in partnership with the Homeless Trust to refer eligible clients (individuals and
households) to the program. The attached draft MOU highlights the shared responsibilities
between the City and the Homeless Trust to ensure successful outcomes. Once the MOU is
Page 2438 of 2938
executed, the Administration will provide quarterly updates as part of the current PSNQL
standing update item regarding homeless services and activity.
The City's allocation will be utilized for the rehabilitation of permanent supportive housing by the
Homeless Trust. This funding provides a combination of forty-five (45) units and ten (10) beds
available for the City to refer eligible homeless individuals identified by the City's Homeless
Outreach Services Program. Forty-five (45) single male occupancy units will be available at
Blue Village, located at 18055 SW 12th Street, Miami, FL 33194, and ten (10) beds for
homeless persons 65 years and older will be available at Mia Casa, located at 12221 Harriet
Tubman Highway, North Miami, FL 33161.
1
Homeless Trust Proposed Agreement Terms
The Miami Dade County Homeless Trust is requesting that the 90% contractual housing
retention performance indicator approved at the April 28, 2023 Commission meeting
performance indicator not be a contractual obligation but aspirational. They have proposed a
60% contractual housing retention performance indicator with a cure period of 120 days before
any potential contractual default.
As the City Commission has not yet considered or approved the newly proposed terms of the
MOU, the Agreement has not been executed. Following approval by City, the Housing Trust
Board and any relevant Miami -Dade County committee will make a recommendation regarding
the MOU, and final approval of the MOU is subject to the Mayor and City Commission and the
Miami -Dade County Board of County Commissioners.
According to the 2022 Miami Beach Community Survey, 24.6 percent of survey responders
cited efforts to address homelessness one of the major categories of City services most
important for the City to provide. Additionally, the Mayor and City Commission identified the
need to address homelessness by continuously evolving and innovating services to help those
wishing to end their personal homelessness as a key management objective in the City's 2019
Strategic Plan Through the Lens of Resilience
FINANCIAL INFORMATION
An additional $1 million (for an aggregate of $2 million) subject to and contingent upon
subsequent City Commission approval and appropriation following approval of the MOU by the
Miami -Dade County Board of County Commissioners.
The City is working collaboratively with the Homeless Trust to better support homeless
households living on the streets or staying in temporary emergency shelters without viable
permanent housing options. Should there be consensus by the City Commission to move
forward with revisions to the MOU as requested by the Homeless Trust, the City will transmit the
revised MOU to the Homeless Trust Board for consideration.
Applicable Area
Not Applicable
Page 2439 of 2938
City Code Section 2-14?
Yes No
Strategic Connection
Mobility -Address homelessness.
Legislative Tracking
Housing and Community Services
Sponsor
Commissioner Alex Fernandez
ATTACHMENTS:
Description
o Attachment - MOU Agreement
Page 2440 of 2938