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HomeMy WebLinkAboutPre-LegislationCity of Miami J'f Legislation Resolution: R-21-0038 File Number: 8420 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 1/28/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING AN ADDITIONAL GRANT OF MAINSTREAM VOUCHER PROGRAM FUNDS, WHICH WERE AUTHORIZED BY THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT ("CARES ACT"), IN THE AMOUNT OF $606,720.00 FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") TO PROVIDE PERMANENT AFFORDABLE HOUSING ASSISTANCE TO FORTY (40) NON -ELDERLY PERSONS WITH DISABILITIES AND/OR FORMERLY HOMELESS INDIVIDUALS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, on April 9, 2020, pursuant to Resolution No. R-20-0102 the Miami City Commission accepted Mainstream Voucher Program ("Program") funds in the total amount of $432,159.00 from the United States Department of Housing and Urban Development ("HUD"); and WHEREAS, on December 23, 2020, the City of Miami ("City") was awarded an additional grant for a total amount of $606,720.00 under the Program authorized by the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"); and WHEREAS, the additional grant of Program funds will provide permanent affordable housing assistance to forty (40) non -elderly persons with disabilities and/or formerly homeless individuals in the City who have been impacted by the Novel Coronavirus ("COVID-19") pandemic; and WHEREAS, the City's Administration recommends the acceptance of an additional grant of Program funds in the total amount of $606,720.00 from HUD; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The acceptance of an additional grant of Program funds in the total amount of $606,720.00 to provide permanent affordable housing assistance to forty (40) non -elderly persons with disabilities and/or formerly homeless individuals in the City is authorized.' 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. City of Miami Page 1 of 2 File ID: 8420 (Revision:) Printed On: 311812021 File ID: 8420 Enactment Number: R-21-0038 Section 3. The City Manager is authorized' to negotiate and execute any and all necessary documents, all in forms acceptable to the City Attorney, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor .2 APPROVED AS TO FORM AND CORRECTNESS: 1 i � ria i "ndez, ity iWor iey 1/19/2021 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File ID: 8420 (Revision:) Printed on: 311812021 City of Miami J'f Legislation Resolution: R-20-0218 File Number: 7535 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/23/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY OF MIAMI ("CITY") TO ENTER INTO A MEMORANDUM OF UNDERSTANDING ("MOU") WITH THE MIAMI-DADE COUNTY HOMELESS TRUST ("MDHT") FOR NON -ELDERLY PERSONS WITH DISABILITIES WHO ARE HOMELESS, ARE AT RISK OF HOMELESSNESS, OR ARE PREVIOUSLY HOMELESS AND ARE CURRENTLY IN PERMANENT SUPPORTIVE HOUSING OR IN A RAPID REHOUSING PROJECT TO BE REFERRED TO THE CITY'S MOVING ON PROGRAM ACCORDING TO THE CITY'S MAINSTREAM VOUCHER PROGRAM GUIDELINES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MOU, ATTACHED AND INCORPORATED AS EXHIBIT "A," IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE. WHEREAS, pursuant to Resolution No. 20-0102 adopted on April 9, 2020, the City Commission approved the acceptance of Mainstream Voucher Program ("Program") funds for Program Year 2019-2020 in the annual contribution amount of $432,159.00 from the United States Department of Housing and Urban Development ("HUD") for thirty (30) vouchers to provide permanent affordable housing assistance to non -elderly persons with disabilities, who are homeless, are at risk of homelessness, or are previously homeless and are currently in permanent supportive housing or in a rapid rehousing project; and WHEREAS, on May 18, 2020, the City of Miami ("City") was awarded an additional amount of $141,719.00 of Program funds for an additional nine (9) vouchers through the Coronavirus Aid, Relief, and Economic Security ("CARES") Act; and WHEREAS, the City's current Housing Choice Voucher ("HCV") waitlist does not have a sufficient number of applicants who satisfy the Program's minimum eligibility criteria; and WHEREAS, the City has incorporated a Moving On preference into its HCV and Moderate Rehabilitation Program's Administrative Plan; and WHEREAS, the City must enter into a Memorandum of Understanding ("MOU") with the Miami -Dade County Homeless Trust ("MDHT") to allocate available Mainstream City of Miami Page 1 of 2 File ID: 7535 (Revision:) Printed On: 311812021 File ID: 7535 Enactment Number: R-20-0218 Vouchers under the Moving On preference, as the program requires referrals from MDHT of eligible non -elderly disabled homeless persons currently in permanent supportive housing or in a rapid rehousing project; and WHEREAS, the City's Administration recommends authorizing the City to enter into a MOU with MDHT, in accordance with the Program guidelines, to provide vouchers to non -elderly persons with disabilities, who are homeless, are at risk of homelessness, or are previously homeless and are currently in permanent supportive housing or in a rapid rehousing project; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City is authorized' to enter into a MOU with MDHT to refer eligible applicants to the City's Moving On program for non -elderly persons with disabilities who are homeless, are at risk of homelessness, or are previously homeless and are currently in permanent supportive housing or in a rapid rehousing project according to the City's Program guidelines. Section 3. The City Manager is authorized' to negotiate and execute the MOU, attached and incorporated as Exhibit "A," with MDHT, in a form acceptable to the City Attorney, for said purpose. Section 4. The City Manager is further authorized' to negotiate and execute any and all other necessary documents, including amendments, extensions, and modifications, all in forms acceptable to the City Attorney, subject to all federal, state, and local laws that regulate the use of such funds for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 i t6riaiyndez,�City ttor ey 7/13/2020 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 2 File ID: 7535 (Revision:) Printed on: 311812021 Moving Up Preference Memorandum of Understanding between the Miami -Dade County Homeless Trust and City of Miami This Memorandum of Understanding ("MOU" or "Agreement"), dated 11/19/2020 ("Effective Date"), forms the agreement between the Miami -Dade County Homeless Trust ("MDHT" ), lead agency for the Miami -Dade Continuum of Care ("CoC"), and the City of Miami, a municipal corporation of the state of Florida "City" or "City of Miami," collectively referred to as the "Parties," for the Moving Up Preference. This MOU is designed to describe the collective intent of the Parties to work toward the achievement of the goals outlined below. The Parties hereby agree upon the following: 1. Purpose of the Preference: The Moving Up strategy establishes a Mainstream Voucher preference targeting non -elderly disabled persons ages 18 to 61, who are living in permanent supportive housing ("PSH") and who are ready to move into affordable housing in Miami -Dade County, Florida ("Moving Up Preference" or "MU Preference"). Eligible tenants with stable housing histories and who no longer need the intensive support of PSH will be able to access new affordable housing resources in the form of a voucher from the City of Miami Mainstream Voucher Program, which is administered under the same rules as the Section 8 Housing Choice Voucher program. To be eligible for the MU Preference, PSH tenants will need to demonstrate health, income, and housing stability, as determined by a common assessment tool created for the Moving Up strategy. Once participants underthe MU Preference are housed in a new residential housing unit in Miami - Dade County, Florida, the now available PSH unit will be targeted to a homeless household in accordance with the Miami -Dade Continuum of Care's Orders of Priority and referred through the MDHT Coordinated Entry process, 2. Targeted Households Priority for the City of Miami's MU Preference will be given to households that currently reside in CoC PSH within the City of Miami or if residing in CoC PSH outside of the City of Miami, have had contact with the City of Miami, as evidenced by records in the CoC Homeless Management Information System (HMIS), a local information technology system used to collect client -level data on the provision of housing and services to homeless individuals and families. 3. Roles: The Parties will adhere to the following roles within the Moving Up Strategy: a. City of Miami The City of Miami is allocating thirty (30) Mainstream Vouchers under the MU Preference. Eligible participants will receive a voucher from the City of Miami Mainstream Voucher Program, The City of Miami will participate in monthly referral status update conference calls convened by the MDHT. The City of Miami will solicit the MDHT's guidance and/or input on policies and procedures governing the MU Preference. The City of Miami will share its data with MDHT to assist the MDHT's analysis of the MU Preference. Miami -Dade County Homeless Trust The MDHT Housing Coordinator will refer MU Preference applicants who have been pre - assessed by CoC PSH Agencies as meeting the criteria outlined above. The MDHT will convene monthly referral status update conference calls with the City of Miami and PSH Agencies designated to serve MU Preference participants, provide guidance and/or input on the City of Miami's policies and procedures governing the MU Preference, and collect and analyze data related to program delivery and outcomes of the MU Preference. c. Permanent Supportive Housing Agencies Under separate agreement(s) with MDHT, PSH Agencies will assess their PSH tenants or participants for MU Preference eligibility, using the common Moving Up assessment tool to identify those individuals and families that are good candidates for a successful transition from PSH to a Housing Choice Voucher, provide assistance in completing HCV paperwork, provide the participant with housing navigation services as may be necessary, support participants in acclimation to community -based settings and conduct follow-up reporting. PSH Agencies also will assist with owner conflict resolution, together with MDHT's RentConnect Landlord Recruitment Director and/or his designee for a designated period of time. 4. Policies and Procedures: Parties will adhere to the policies and procedures outlined in the document "Moving Up Handbook", which may be modified from time to time, which is incorporated herein by reference as if fully set forth herein. 5. Responsibility: Each Party to this agreement is solely responsible for the acts and omissions of its employees, grantees, volunteers and agents. All parties respect the confidentiality of the participants and adhere to communicate and correspond in secure mediums. 6. Termination: This agreement can be terminated through written notice at any time and without cause or penalty upon thirty (30) days notice to the Parties. 7. Term: The term of this MOU shall begin on the Effective Date and shall expire one year thereafter. 8, Attorney's Fees: In the event litigation, arbitration, or mediation, between the Parties, arises out of the terms of this Agreement, each party shall be responsible for its own attorney's fees, costs, charges, and expenses through the conclusion of all appellate proceedings, and including any final settlement or judgment. 9. Number and Gender: Whenever the singular or plural number, masculine or feminine or neuter gender is used herein, it shall equally include the others and shall apply jointly and severally. 10. Counterparts and Electronic Signatures: This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 11. Third Party Beneficiaries: It is expressly agreed and by this statement specifically intended by the parties that nothing within this Agreement shall be construed as indicating any intent by either party to benefit any other entity or person not a party signatory to this Agreement by any provision or to entitle any such third party to any right of action on account hereof. 12. Captions and Headings: The Section headings or captions appearing in this Agreement are for convenience only, are not part of this Agreement, and are not to be considered in interpreting this Agreement. 13, Governing Law: This Agreement shall be governed according to the laws of the State of Florida and venue shall be in Miami -Dade County, Florida. 14. Entire Agreement: This Agreement contains the entire agreement between the Parties. There are no promises, agreements, undertakings, warranties or representations, oral or written, express or implied, between the Parties other than as herein set forth. No amendment or modification of this Agreement shall be valid unless the same is in writing and signed by the City Manager, and by MDHT's board -authorized representative, 15. Public Records: MDHT agrees to abide by Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records. MDHT understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. MDHT's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the City. MDHT shall specifically require all sub- contractors to comply with this paragraph. Upon completion of the Agreement, MDHT shall transfer, at no cost, to the City all public records in possession of MDHT or keep and maintain public records required by the City to complete the Agreement. If MDHT transfers all public records to the City upon completion of the Agreement, MDHT shall destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements. If MDHT keeps and maintains public records upon completion of the Agreement, MDHT shall meet all applicable requirements for retaining public records. 3 Notwithstanding the foregoing, MDHT shall be permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. Should MDHT determine to dispute any public access provision required by Florida Statutes, then MDHT shall do so at its own expense and at no cost to the City. IF MDHT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO MDHT' DUTYTO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT AS PUBLIC CONTRACT, PLEASE CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT TELEPHONE NUMBER 305-416-1800, EMAIL: PUBLICRECORDS@MIAMIGOV.COM AND MAILING ADDRESS: PUBLIC RECORDS C/O OFFICE OF THE CITY ATTORNEY, 9T" FLOOR, MIAMI RIVERSIDE CENTER, 444 S.W. 2No AVENUE, MIAMI, FLORIDA 33130 ORTHE CITY'S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT'S CUSTODIAN OF RECORDS AT 2No FLOOR, 14 NORTHEAST 11T AVENUE, MIAMI, FLORIDA 33132. 16. All notices under this Agreement shall be in writing and addressed as follows: To City: City of Miami Department of Housing and Community Development One Flagler Building 14 Northeast V Avenue, Second Floor Miami, Florida 33132 Attn: George Mensah, Director With Copy To: Victoria Mendez City Attorney City of Miami 444 S.W. 2nd Avenue Miami, Florida 33130 To MDHT: Victoria L. Mallette Executive Director Miami -Dade County Homeless Trust 111 NW 1st Street Miami, FL33128 IN WITNESS WHEREOF, the Parties hereto have executed this agreement the day and year written above. MIAMI DADE COUNTY HO INfLESS TRUST A EST: l 4"' By: _ ey. Victoria L. Mallette Date Frint Name Executive Director Titl e: Ie + Miami -Dade County Homeless Trust �c�nvytisk-f2�ltifiCe�2. 10/05/2020 Maurice L. Kemp Date Deputy Mayor ATTEST: B' =/ Todd 1lannon, City Cler D a tq APPROVED AS TO LEGAL FORM AND CORRECTNESS: B y: 15aA W,Cr� .C_-. .� 61/l/B Victoria Mendez ity Attorney Rr.a=20-166I 5 CIT*MIAM B :YArtager APPROVED AS TO INSURANCE REQUIREMENTS: By: Anne -Marie Sharpe, Director Risk Management