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94-21076 Reso 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 MIAM~ 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 mergency relocation services. PASSED AND ADOPTED THIS 2nd M APPROVLD LEGAL DEPT. By --:rc.'5:> ATTEST: ~~1 ~ -~"'5.-- CITY CLERK Date '1.-'2. l- ~~ - , .-. . . .. INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND THE MIAMI BEACH HOUSING AUTHORITY FOR THE PROVISION OF EMERGENCY RELOCATION SERVI~~ This agreement is entered into thiS.q day of M~ 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 (5%) 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 be 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 (5%) 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) 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. rJ(~ l.~ CITY CLERK STP : j m ATTEST: EXECUTIVE DIRECTOR FORM APPROVED LEGAL DEPT. By ~();) Date ~ REGULAR BOARD OF COMMISSIONEqS MEfTING DECEMBER 14, 1993 PAGE SIX SHOWN AN INTEREST IN THE PROJECT AND SAYS THAT THERE MIGHT BE COUNTY FUNDS, ~~~RGENCY RELOCATION FUNDS, HUR~ICANE 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 BEFO~E THE CITY'S PUBLIC AFFAIRS COMMITTEE. THE KAIN MOTHERS HAVE EXPRESSED AN INTEREST IN DEVELOP INS AN AFFORDABLE HOUSING PROJECT WHICH WOULD PROVIDE CHILD CAPE ON THE PREMISES. MR. RUSS, M3DC, 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 8Y COMMISSIONER ROSALES, AND UNANIMOUSLY APPROVED BY THE 20ARD. RENT SUPPLEMENT PROGRAM (RSP) (D. NEVEL) WAS NEXT. AT THE INCEPTION OF THE PROGRAM, THE AUTHORITY HAD CONSIDERED WRITING TO THE ELDERLY AND DISABLED ~ERSONS 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 RAI~ 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 P~EFERENCE AS TO TH: AMOUNT OF ASSISTANC~ 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 SECOMING 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 MEETIN~ DECEMBER 14 1993 PAGE SEVEN $1000, BUT THERE WOULD 8E AUTHORITY TO GO TO $2000 IN THE CASES OF THE GREATEST NEED. THE ASSISTANCE WOULD aE 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 MEM3ERS, AND THEN THE PLAN IS IMPLEMENTED. MR. YERMAN, HOUSING QUALITY SUPERVISOR, INSPECTS THE APARTMENT 9EFORE 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 iHt GUIDELINES, MR. NEVEL ASKED THAT THERE 8E THE AUTHORITY TO BE FLEXI8LE '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 8Y COMMISSIONER ROSALES, AND UNANIMOUSLY APPROVED SY THE 3CARD. NEXT ITEM ON THE AGENDA WAS ITEM C, PHADA CONFERENCE - ORLANDO JANUARY' 94 (D. NEVEL). BEFORE MR. NEVEL'S REPORT, 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 ~ITH NAHRO AND THAT IT HAS THE MOST COMPLETE FORM OF M=MB:RSHIP POSSIBLE. COMMISSIONER WAYNE ALSO REQUESTED THAT MR. NEVEL VERIFY THAT THE COMMISSIONERS AND STAFF ARE INSURED WHEN TRAVELING ON COMPANY BUSINESS OR ~TTENDING CONFERENCES AS REP~ESENTATrVES OF THE HOUSING AUTHORITY. Exhibit · A. CITY OF MIAM'I 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. 111-9<1- . TO: Mayor Seymour Gelber and Members of the City Commission DATE: March 2, 1994 FROM: Roger M. Carlto 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 re:ocation 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. 52 AGI~~~~R - '1- s:- DATE 3-2-CJLj . . ANALYSIS: The proposed Interlocal Agreement components: includes the following * 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 bookkeeping responsibilities will be Building Department under the guidance Official on behalf of the City. this program, and undertaken by the of the Chief Building * 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. CONCLOSION: 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