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HomeMy WebLinkAboutR-03-0024J-02-1046 1/09/03 RESOLUTION No. tj 3 _ 24 A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), AMENDING RESOLUTION NO. 02-777, ADOPTED JULY 8, 2002, RELATING TO FUNDING FOR THE 2002-2003 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM, BY (1) MOVING FUNDING TO THREE PREVIOUSLY APPROVED AGENCIES IDENTIFIED HEREIN FROM THE SUPPORTIVE HOUSING CATEGORY TO THE LONG TERM ASSISTANCE CATEGORY, (2) REVISING ALLOCATIONS TO PROVIDERS OF LONG TERM HOUSING ASSISTANCE, CONSISTENT WITH THE ABSORPTION OF CLIENTS RESULTING FROM THE CLOSEOUT OF THE CONTRACT WITH THE MIAMI-DADE COUNTY HOUSING AGENCY, (3) ELIMINATING THE ALLOCATION OF FUNDS FOR THE PAYMENT OF UTILITY ASSISTANCE IN THE LONG TERM ASSISTANCE PROGRAM AND (4) MOVING THE BALANCE OF PREVIOUSLY APPROVED HOPWA FUNDS AS A RESULT OF SAID REVISIONS TO A HOPWA CONTINGENCY FUND FOR FUTURE DISTRIBUTION FOLLOWING THE COMPLETION OF A NEEDS ASSESSMENT AND DEVELOPMENT OF A STRATEGIC PLAN TO MOST EFFECTIVELY PROVIDE HOUSING ASSISTANCE AND HOUSING RELATED SERVICES TO LOW INCOME INDIVIDUALS LIVING WITH HIV/AIDS; ALLOCATING NON-HOPWA FUNDS IN THE AMOUNT OF $50,000 TO APPLE TREE PERSPECTIVES, INC. TO COMPLETE THE NEEDS ASSESSMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS WITH APPROVED AGENCIES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; AND SETTING FORTH A TIMELINE FOR SUBMISSION OF FUNDING REQUESTS FOR PROPOSALS FOR FISCAL YEAR 2003-2004. CITY COMMMON MEETING C', JA M 0 0 2003 Resolution No. 03- 24 WHEREAS, the Housing Opportunities for Persons With AIDS ("HOPWA") Program was created under the AIDS Housing Opportunity Act, and revised under the Housing and Community Development Act of 1992; and WHEREAS, Section 606(d)(2) of the Housing and Community Development Act of 1992 stipulates that the City of Miami, being the most populous unit of general local government in an Eligible Metropolitan Statistical Area ("EMSA"), not including county government, must be the applicant for the HOPWA Grant and be allocated the related funding; and WHEREAS, since 1994 the City of Miami has received the HOPWA Program funds from United States Housing and Urban Development ("U.S. HUD") and has been responsible for the implementation of programs designed to provide housing and housing -related services to individuals living with HIV/AIDS in the City of Miami and the cities of Hialeah, Miami Beach and throughout Miami -Dade County; and WHEREAS, pursuant to Resolution No. 02-777, adopted July 8, 2002, $12,482,000 of Fiscal Year 2002-2003 and $1,086,460 of unallocated Fiscal Year 2001-2002 HOPWA funds were allocated to provide housing assistance and housing related services to low income individuals living with HIV/AIDS; and Page 2 of 6 03- 2 A WHEREAS, U.S. HUD has advised the City of Miami that the use of HOPWA funds for preventive activities is not eligible under the federal regulations and that utility assistance is also ineligible under the Long Term Assistance category; and WHEREAS, to address these issues, the Administration recommends that the four agencies previously funded under the Supportive Services Category to provide prevention services be transitioned to the Long Term Assistance Category to provide rental assistance to eligible clients; and WHEREAS, these agencies will absorb the caseload relinquished through the transfer of clients as a result of the phase-out of services previously provided by the Miami -Dade Housing Agency; and WHEREAS, to address the Utility Payment issue, the Administration recommends that the balance of the $1.2 million previously allocated for this activity, that will not be used to provide Long Term Assistance as specified herein, be transferred to a HOPWA Special Needs Contingent Fund for allocation in the future following the completion of a needs assessment and development of a strategic plan to maximize the use of available HOPWA dollars; and WHEREAS, the City Commission wishes to set a timeline for submission of funding Requests for Proposals for Fiscal Year 2003-2004; Page 3 of 6 0) 3— 24 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. Resolution No. 02-777, adopted July 8, 2002, is amended in the following particulars:l/ "RESOLUTION NO. 02-777 Section 2. The allocation of $12,482,000 of Fiscal Year 2002-2003 and $1,086,460 of unallocated Fiscal Year 2001-2002 Housing Opportunities For Persons With AIDS ("HOPWAII) Program funds for the provision of housing assistance and related services to low income individuals living with HIV/AIDS and $50,000 of non-HOPWA funds are designated for allocation as follows: Agency Amount Long Term Housin Bethel A.M.E. Church, Inc. 282,500 Community AIDS Resource, Inc. 282,500 Miami -Dade Housing Agency (6 month allocation) $748,906 632,500 City of Miami Dept. of Community Development 4,114,900 4,195,000 Douglas Gardens Community Mental Health Center of Miami Beach 2,460,000 Spanish - American Basic Education and Rehabilitation, Inc. 1,122,900 2,296,000 Reserve fer Tr-ansi€ien e€ Remaining Mi � HeusingAgeney elients (6 menth alleeatiee)----7488 The Center for Positive Connections, Inc. 282,500 �i Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. Page 4 of 6 03- 24 Agency (Continued) Amount Support Services Utilities Asslstenee: Deuglas Gardens Gefftmunity-Mental Health 369,990 S panish A meriean Basle Edueatian and 1$9,000 Hehabilitatlen, ine— Better Way of Miami, Inc. 75,000 Bethel A M.B Chureh, Ine 4:34,000 Gemmunity--AIDS Reseuree, lne. 5g,E)90 Emergency Services 1,500,000 (Operator to be determined) Food for Life Network, Inc. 40,000 Lock Towns Community Mental Health Center, Inc. 110,000 Miami Beach CDC, Inc. 110,000 South Florida Jail Ministries, Inc. 126,000 Spanish Amerlean Basie Edideatien & Hehabilltatien, ine 287,900 The Eenter fer Pesitive Eenneetiens, ine 109,909 HOPWA Contingency Fund 852,000 Apple Tree Perspectives, Inc. (Non-HOPWA Funds) 50,000 Grant Administration 324,460 Total HOPWA Funding $13,568,460 Total Non-HOPWA Funding $50,000 Section 3. The City Manager is authorized 21 to execute agreements with said agencies, in a form acceptable to the City Attorney, for said purpose. Section 4. The timeline for submission of Housing Opportunities for Persons with AIDS Program funding Requests for Proposals for Fiscal Year 2003-2004 is set forth as follows: z/ 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. Page 5 of 6 03- 24 April 28, 2003 Issue Request for HOPWA Proposals May 16, 2003 Deadline for Submission of Proposals June 24, 2003 Final Recommendations for funding to City Commission Section 5. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.21 PASSED AND ADOPTED this 9th day of January 2003. r tANUEL A. DIAZ, MAY ATTEST: P SCILLA A. THOMPSON CITY CLERK ----? , R•� ATTORNEY W6758:tr:AS:BSS 11 AND CORRECTNESS: If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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. Page 6 of 6 03- 24 1z ATTACHMENT "A" City of Miami - Department of Community Development HOPWA 2002 - 2003 Agency Area Proposed Address of Services to Serve I. Project Based Funding Lock Towns community Mental Health Center, Inc. Countywide 20201 NW 37 Avenue Miami Beach Community Development Corpo ration Miami Beach 710 Jefferson Avenue II. Specialized Housing Better Way of Miami, Inc. 1 800 NW 28 Street South Florida Jail Ministries, Inc. Countywide 22790 SW 112 Avenue III. Long Term Housing City of Miami Department of Community Development Citywide 1313 NW 36 Street, 2nd Floor Douglas Gardens Community Health Center of Miami Miami Beach 701 Lincoln Road Beach $ 660,000.00 $ 1,800,000.00 $ 2,460,000.00 Miami Dade Housing Agency (contract will expire on Countywide 1401 NW 7 Avenue 12/31/2002) $ 302,500.00 $ 330,000.00 $ 632,500.00 clients in the Miami -Dade Count Hialeah, Little Spanish American Basic Education & Rehabilitation, Inc. Havana, 3910 W. Flagler Street clients in the Hialeah / Little Havana / Flagami / Flagami, $ 1,680,000.00 $ 2,296,000.00 Sweetwater area Sweetwater Bethel A.M.E. Church, Inc.** Overtown 245 NW 8 Street Community AIDS Resource, Inc. d/b/a Care Resource" South Dade 1320 S. Dixie Highway, Suite 485 The Center for Positive Connections, Inc.** North Dade 12570 NE 7 Avenue #104 ** 9 month contracts Provides Long Term housing assistance to 50 $ 82,500-00 $ 200 000 00 $ 282,500.00 IV. Future Programs Landlord FY 2002 Description of Services Program Cost Payments Recommended Allocation Life Quest I & II is 110,000.00 Shelbourne House & Femwood Apartments 1 $ 110,000.00 1 Provides Long Term housing assistance to 470 $ 1,375,000.00 $ 2,820,000.00 $ 4,195,OOG." clients in the City of Miami Provides Long Term housing assistance to 300 $ 660,000.00 $ 1,800,000.00 $ 2,460,000.00 clients in the Miami Beach area Provides Long Term housing assistance to 550 $ 302,500.00 $ 330,000.00 $ 632,500.00 clients in the Miami -Dade Count Provides Long Term housing assistance to 280 clients in the Hialeah / Little Havana / Flagami / $ 616,000.00 $ 1,680,000.00 $ 2,296,000.00 Sweetwater area Provides Long Term housing assistance to 50 $ 82 500.00 $ 200,000.00 $ 282,500.00 clients in the Overtown area Provides Long Term housing assistance to 50 $ 82,500.00 $ 200,000.00 $ 282,500.00 clients in the South Dade area Provides Long Term housing assistance to 50 $ 82,500-00 $ 200 000 00 $ 282,500.00 clients in the North Dade area $ 10,4311000.00 Total Number of HOPWA Long Term clients: 1200 Emergency Program I - $ 1,500,000.00 To be determined based on Needs Assessment and development of Strate is Plan $ 852,000.00 V. Other Services Food for Life Network, Inc. 5 4330 NE 2 Avenue Food & Nutrition Services $ 40,000.00 VI. Administration City of Miami Administration Citywide 444 SW 2nd Avenue, 2nd Floor Administration $ 324,460.00 HOPWA Total AppleTree Perspectives, Inc (Administration) Countywide 625 NE 52 Street Technical Assistance $ 50,000.00 Grand Total funds • .001 clients as a result of the phase-out of services previously provided by the Miami -Dade Housing Agency. The proposed transfer from the Supportive Services to the Long Term Assistance Category will directly impact the following three (3) Agencies: Bethel A.M.E. Church, Inc. Community AIDS Resource, Inc. The Center for Positive Connections, Inc. It should also be noted that recommendation includes an increase in the long term rental assistance caseload for the Spanish - American Basic Education and Rehabilitation, Inc., which was previously funded in July for both long term assistance and preventive activities. This Agency serves the caseload of clients transferred from the Miami -Dade Housing Agency which consists primarily of Hispanic persons in West Dade and Hialeah. In addition, the proposed amendment to resolution No. 02-977 includes revised allocations to providers of Long Term Assistance that accurately reflect client caseloads as a result of the transfer of clients from the Miami -Dade Housing Agency. At the Public Hearing, it was anticipated that Miami -Dade Housing Agency would transfer its caseload to new service providers within a six (6) month time -frame. However, the Administration has been successful in expediting the process and the contract with Miami -Dade Housing Agency will be closed December 31, 2002. Attachment A provides a detailed listing of the proposed revisions and funding needed to operate the HOPWA Program through September 30, 2002. To address the Utility Payment issue, the Administration recommends that the $1.2 million previously allocated for this activity be transferred to a HOPWA Special Needs Contingent Fund for allocation in the future following the completion of a needs assessment and development of a strategic plan to maximize the use of available HOPWA dollars. As previously recommended by concerned citizens at the July Public Hearing and as directed by the City Commission, the Department of Community Development is working with AIDS Housing of Washington. This organization is providing technical assistance, including capacity building for City staff and contracted agencies, creation of the emergency program previously approved by the City Commission, analysis of existing operating procedures and the development of the strategic plan to effectively manage HOPWA Program funds. As instructed by the City Commission, the technical assistance includes sensitivity training for City staff. To develop the strategic plan, it is necessary to first conduct a current needs assessment. The proposed resolution includes an allocation of $50,000 to Apple Tree Perspectives, Inc. to complete the needs assessment. This organization will also work closely with staff from AIDS Housing of Washington. The original recommendation targeted $50,000 of HOPWA administrative funds for this purpose. However, the City Commission directed the consultant fees for the needs assessment should not come from HOPWA 03- 024 funds, but should come from the consultant/professional services line item approved during the budget process. It is important to note that, while utility payment assistance is not eligible under the Long Term Assistance Category, it is an eligible activity under the emergency program and is included in the draft design of the emergency program submitted to the Housing Committee for review. Under the federal regulations, utility assistance may be provided to meet emergency needs, not to exceed 21 weeks in a 52 week period. It is recommended that the City Commission adopt the attached resolution amending Resolution No. 02-777 relating to funding for the 2002-2003 Housing Opportunities for Persons With AIDS (HOPWA) Program, as specified above, and by further authorizing the City Manager to execute individual agreements with approved agencies, in a form acceptable to the City Attorney, subject to applicable City Code provisions. Fiscal Impact Funding for proposed activities in this legislation is from HOPWA grant funds and will not impact the General Fund, with the exception of the $50,000 allocation to Apple Tree Perspectives, Inc. to complete the needs assessment. 03- 024 Budgetary Impact Analysis 1. Department Community Development Division Director's Office 2. Agenda Item # (if available) 3. Title and brief description of legislation or attach ordinance/ resolution: HOPWA Restructure -Allocates HOPWA funds for Long Term Rental Assistance (Grant funded) and $50,000 of Non-HOPWA funds to conduct a needs assessment (The original recommendation was to fund the needs assessment from HOPWA Administrative funds, but the City Commission directed the Administration to fund the study from funds approved in the budget for consultant/ professional services) 4. Is this item related to revenue? NO: _X YES (If yes, skip to item # 7.) 5. Are there sufficient funds in Line Item? YES: Index Code Minor Obj. Code Amount NO: _ Complete the following questions: 6 . Source of funds: Amount budgeted in the Line Item $ Balance in Line Item $ Amount needed in the Line Item $ Sufficient funds will be transferred from the following line items: ACTION ACCOUNT NUMBER ACCOUNT NAME TOTAL Index/Minor Object/Project No. Verified by: From ad �, ac, i . $ SV CCC.. From $ From $ To $ 7. Any additional comments? Request conforms to City Commission Direction 8. Approved by: Department Director/ Designee 'boloj- Date FOR DEP F MANAGEMENT AND BUDGET USE ONLY Verified by: Verified by: Transfer done by: epartment of Management and Budget Budget Analyst Budget Analyst Director/ Designee Date / Z,-I>.Date . T c►"'` Date 03— 024 PUBLIC NOTICE FOR PUBLIC HEARING REGARDING COMMUNITY DEVELOPMENT ISSUE Of �`*^ Iltttr 1ttT[ The Miami City Commission will hold a Public Hearing to discuss the following Community Development issues: 1. Discussion and proposed resolution of the City of Miami Commission relating to funding for the 2002-2003 Housing Opportunities for Persons With AIDS (HOPWA) Program, by moving funding to three (3) previously approved agencies from the Supportive Housing Category to the Long Term Assistance Category, revising allocations to providers of Long Term Housing Assistance consistent with the absorption of clients resulting from the closeout of the contract with the Miami -Dade Housing Agency, eliminating the allocation of funds for the payment of Utility Assistance in the Long Term Assistance Program and moving the balance of previously approved HOPWA funds as a result of said revisions to a HOPWA Contingency Fund for future distribution following the completion of a needs assessment and development of a strategic plan to most effectively provide housing assistance and housing related services to low income individuals living with WWAIDS; allocating $50,000 of HOPWA funds to Apple Tree Perspectives, Inc. to complete the needs assessment; and further authorizing the City Manager to execute individual agreements with approved agencies, in a form acceptable to the City Attorney. 2. Discussion and proposed resolution authorizing and granting an extension from March 1, 2002 to March 31, 2004 to the Rafael Hernandez Housing and Economic Development Corporation ("Corporation"), in the construction and sale of four (4) new single family homes planned on four (4) city -owned parcels in the Allapattah and Wynwood Community Revitalization Districts. 3. Discussion and proposed resolution allocating $36,650 of Community Development Block Grant (CDBG) funds to Catholic Charities of Greater Miami, Inc. to provide elderly meal services at Claude Pepper Tower. 4. Discussion and proposed resolution authorizing and directing the City Manager to convey a City -owned parcel located at 2368 NW 35 Street at no cost to Greater Miami Community Services, Inc., for the purpose of rehabilitating said property to provide housing opportunities for low income persons. The Public Hearing will be held at the City Commission to be held: Thursday, January 9, 2003 Manuel Artime Center 900 SW 1 Street Miami, Florida Interested individuals are encouraged to attend this Public Hearing. The meeting site is accessible to the handicapped. (AD 03- 024 Aeral flood insurance. for now There are about 4.4 million Federal maps of flood haz- cies and to make that action y policies under the program. but and area mandate special retroactive to New Years Dap. e almost 1$ million —about 40 building code tegnirements for "1n order to get ar ,=d that, r percent — are held in Florida, construction in high-risk zones, we are encouraging those who d Stevens noted. such as putting houses on stilts. can do so to pay their premium d "Yon are low-lying, you'be The maps also determine before midnight on the 31st," n got water -on three sides, and where a federally regulated Stevens sal -Iliat is when the a you are tight in the middle of lender has to require flood current authority to enter into Hurricane Alley,- Stevens told insurance before issuing a loan. new contracts elapses." t the Sarasota Herald -Tribune If there is flooding before Affected homeowners for Saturday editions. Congress reconvenes, affected should have received the flood policy holders will have to rely insurance renewal reminders on lawmakers ti) renew the -pro- sent out 45 days before each gram's authority to issue poli- policy's ern date. e PUBLIC NOTICE FOR PUBLIC HEARING REGARDING COMMUNITY DEVELOPMENT ISSUE Gtr 0 TM Miami qty t',onimission Nall hold a Public Nearing to dlsouss the tOUorvirtg Cgmmurtity Devebpnem issues: 1. Discussion and proposed resolution of the City of Miami Commission relating to funding for the 2002-2003 Housing Persons With AIDS n�rovip rap fw�Wng to three (3) p Y (HOPWA gpprored ag ncies Proramfro the closeout of the contract with the Miami•Oade Ho=n AAppeennooyy eliminating the allocation of funds for the payment of UtiOty Assistance M the Long Twin Asalign0e PrOglain and niONng iiia revisions tbalonas of0 as HOPWA HOPWA as r neuh of idid agency Fund Mor dotnbution blowing the completion of a needs assessment and da oelopment of a strategic plan to most effectively provide homing assistance and housing related a wAcas to low aroome hdividusis fiWn0 with WADS', afloeatmg SSO,0100 of HOPWA funds to Apple Tree audrg Cm' the needs assessment: and further ray Magor to earwte Iridlvidurl r¢DNnentb with approved agerieres, rn a form ecoepnble to the Chy Attomay 2 Discussion and ptOpoaod resolution autiwrizinp rad graht an extension from March 1, 2002 to March 37, 2004 to tier Rafael Hernandez Housing and Economic Dovelovmant Corporation '), in tie oonstruction and sale of four (4) new single mmesffy hoplanned on four ((4) city -owned parcels m the aUa Altaph aid Wynwood Commurihy Revilaiizatien Districts. 3 Discussion and proposed resolution allocating $36.650 of Gnr to • old.1' y al cervi at Claude Popper Tower, 4. Discussion and proposed resolution authorizing and dtdthe �U�eCanf locatedi2NW 35 �1to Greatr fr �iMnss.A lokf rsao The P"c Has" will be hold at the City Comrrr"ott to be held: 11� rrrArtl� ant tielr 1ltaraet Miral, Florida Intenisted int ividuais are encouneW to aaenct this Public Hearing. The meeting she IS acosesible to the h& dicapped (AD NO. 090ST , l T00®1 An/StIV Ilivi ?I ve0e gLS toe YVd i>S CT ZOOZ/OC/ZT DMCIAL FILE COPY CLERK OF CHE BOARD OF COUNTY COMMISSIONERS DAVE COUNTY, FLORIDA. * M E M O RAND U M Agenda Item No. 4(1) (Januar Hearin 2-26-02) TO: Honorable Chairperson and Members DATE: y 29, 2 02 Board of County Commissioners SUBJECT: Ordinance Amending Sections 2.1101 through 2.1106 of the FROM: Steve Shiverl_�-�- Code of Miami - County Manager Dade County Concerning the Miami -Dade 09 o3 5 A HIV/AIDS Partnership RECOMMENDATION It is recommended that the Board approve the attached Ordinance amending Sections 2.1101 through 2.1106 of the Code of Miami - Dade County, Florida concerning the Miami -Dade HIV/AIDS Partnership; revising the purpose, membership requirements, appointment of members, and powers and duties. BACKGROUND In 1994, the Board of County Commissioners created the Miami -Dade County HIV Health Services Planning Council in order to meet Federal funding requirements under Title I of the Ryan White Comprehensive AIDS Resources Emergency (C.A.R.E.) Act. The purpose of the Planning Council as defined by the federal granting agency, the U.S. Health Resources and Services Administration, is to determine the HIV-related needs of the community, establish service priorities, and allocate funding to the areas of greatest need. Each major State and Federal grant program requires the involvement of infected/affected communities, service providers, and other community leaders in a community based planning process, which resulted in the creation of four distinct HIV related planning bodies in Miami -Dade County. Submitted Into the public record in connection with item on _L -o-3 Priscilla A. Thompson 03— 2 4 City Clerk 02.35. Honorable Chairperson and Members Board of.County Commissioners Page 2 In 1997, representatives of the four HIV-related planning bodies and the four major grantee organizations, Miami -Dade County, the State of Florida, the City of Miami, and the Public Health Trust, participated in a community-based process which culminated in the Dade County HIV/AIDS .Summit with the purpose of formulating recommendations to streamline planning and administrative functions of the HIV-related service delivery system. One of the recommended actions was to create the Miami -Dade HIV/AIDS Partnership, an advisory board to replace the four existing planning bodies, thereby avoiding duplication of effort, improving program coordination, and reducing administrative and planning costs. .Each existing grantee and planning body supported this recommendation which was presented to the Board of County Commissioners in 1998 (Ordinance No.98- 127). This Ordinance established a new planning body equally dedicated to HIV/AIDS prevention, care and treatment, and housing needs and services that fulfill the requirements of the various State and Federal HIV/AIDS grant programs. The Ordinance calls for a membership that is representative and reflective of the demographics of the HIV epidemic in our community and of disproportionally affected or historically underserved geographic areas. In 2001, the Ordinance underwent a thorough review to ensure compliance with new Federal, State, and local requirements. Input was obtained from community participants, persons living with AIDS, grantee representatives from Miami -Dade County, the State of Florida Department of Health, the City of Miami, and the Public Health Trust. Among the proposed revisions to the ordinance are the inclusion of references to the Ryan White CARE Act Amendments of 2000; modifications to membership categories in order to comply with new Federal requirements and reflect the local HIV epidemic. The number of members was adjusted from thirty-seven to thirty-nine, including all required representatives and locally defined membership categories. Increased representation of the infected community was achieved by increasing the number of seats from twelve to thirteen members; representation of 33% is required by 02.35. Honorable Chairperson and Members Board of County.Commissioners Page 3 the Federal government. New to Federal requirements, the eligibility of representatives of the infected community was clarified to limit representation to non-affiliated individuals who are not employees of Title I funded providers and'who are recipients of Title I funded services. These eligibility requirements were incorporated throughout the ordinance. The housing category was modified after receipt of clarification from the City of Miami of its role as the sole grantee of the Housing Opportunities for Persons with AIDS (HOPWA) funding and a housing/homeless provider seat was added to meet new requirements under the Ryan White CARE Act. In an effort. to better represent all segments of the infected community, the four community leader seats were redefined to include a caregiver, the elderly infected, and a federally required seat for a youth representative. An additional seat was included to comply with new federally required representation of the HIV+ incarcerated or formerly incarcerated persons. Furthermore, a seat was added for representation of the grantee for the State of Florida General revenue funds. Necessary changes were made to alternate seats in accordance with modifications made_to the corresponding membership categories. The federally required fair and open nominations process is now incorporated via reference. An exception was added to attendance requirements in order to address absences due to Partnership business related travel. An adjustment was made to the quorum requirements in accordance with changes to the new total number of members. New federal requirements on adequate notification of Partnership meetings to the public and of ensuring public access to records of such meetings were also added to the Ordinance. Powers and duties of the Partnership were revised to more closely mirror Federal and State requirements for each Partnership program. Included in these revisions are clarifications on specific functions related to the assessment of HIV/AIDS service needs in the community, the development of a comprehensive plan, the establishment of service priorities, and the allocation of funds. FISCAL IMPACT The proposed ordinance will not create any fiscal impact on Miami -Dade County. Submitted Into the public record in connection with item 4/ on /- 9-0� Priscilla A. Thompson City Clerk 03- 24 MEMORANDUM TO: Honorable Chairperson and Members Board of County Commissioners FROM: Robert A. Ginsburg County Attorney [o t DATE: February 26, 2002 SUBJECT: Agenda Item No. 4 (j) Please note any items checked. "4 -Day Rule" (Applicable if raised) 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing i Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Statement of private business sector impact required Bid waiver requiring County Manager's written recommendation Ordinance creating a new board requires detailed County Manager's report for public hearing "Sunset" provision required Legislative findings necessary. Approved Mayor Agenkia Item No Veto : 2-26-02 Override ORDINANCE NO. 02o35, ORDINANCE AMENDING SECTIONS 2-1101 THROUGH 2-1106 OF THE CODE OF MIAMI- DADE COUNTY, FLORIDA CONCERNING THE MIAMI-DADE HIV/AIDS PARTNERSHIP; REVISING PURPOSE, MEMBERSHIP REQUIREMENTS, APPOINTMENT OF MEMBERS, AND POWERS AND DUTIES, AND PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND EFFECTIVE DATE. 4W BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF NUANH-DADE COUNTY, FLORIDA: Section 1. Section 2-1101 of the Code of Miami -Dade County, Florida, is hereby amended to read as follows:I Sec 2-1101. Creation and Purpose There is hereby created and established the Miami -Dade HIV/AIDS Partnership (hereinafter referred to as . the "Partnership"). The Partnership's purpose is to enable the County and other governmental entities to apply for, receive, plan for, assess, and allocate financial assistance under the Ryan White Comprehensive AIDS Resources Emergency (CARE) Act, CARE Act Amendments of 1996 >>and 2000<<, HIV Prevention and Surveillance ` Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed« constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. Submitted Into the public record i�,-t conne`n _,cin itempn /- 9-03 PrisG3iia a �S:3ri S 03- 24 Citi Clerk -nda Ircm No Page 2 Cooperative Agreements, Healthy Communities 2000 Objectives, AIDS Housing Opportunity Act, and Housing and Community Development Act of 1992, State of Florida General Revenue Care. and Treatment Allocations, and other HIV/AIDS related funding as it becomes available; and to advise the Board of County Commissioners, the Mayor, and other governmental entities on HIV/AIDS related issues. Except where Federal or State laws or regulations mandate to the contrary the provisions of this article shall apply. 4(J) 02.35" Section 2. Section 2-1102 of the Code of Miami -Dade County, Florida, is hereby amended to read as follows: Sec 2-1102. Membership requirements;appointment of members; terms; removal (a) The Partnership shall be composed of thirty -[[seven (3-7)H »nine 39 << voting members from the following categories of representatives: (l) [[ ]] »Thirteen (13)« members who are HN+[[;]] representing the infected. community[[;]]», who are not affiliated or employed by a Title I funded provider and are recipients of Title I services;<< (10) One (1) representative from agencies receiving grants under Title IV of the CARE Act, or from organizations with a history of providing services to children, youth, and families [[;]]», if funded locally;<< (11) One (1) representative from the federally funded AIDS Education and Training Centers program[[;]] », if funded locally;« (12) One (1) representative from agencies receiving grants under the federally funded Special Projects of National Significance program[[;]]», if funded locally;<< 9_ ©.3 Age_ Item No. 4 (J) 02 - 3im Page 3 (13) One (1) representative from the federally funded AIDS Dental Reimbursement program[ [;]]», if funded locally:« (14) r- -b-_---f ---- I -/ -"--- -- ---- '--- ---J -- and the City ef Miami >Givy ef Miami, Beaeb; ]] >>One (1) Housing or homeless provider and one (1) Citv of Miami agr ntee:« (21) [[Feur- (4)]] >>Three (3)« community leaders, representing affected communities, who do not provide HIV related health care services subject to funding under Partnership programs. >>One Cl) seat is specified for a caregiver of an infected child. One (1) seat is specified for an elderly (50 and over) person infected/affected by HIV/AIDS: 22 One (1) youth (13-24) member from the affected community: 23 One (1) former inmate of a local, state, or federal prison released from the custody of the penal system during the preceding three (3) years and had HN disease as of the date of his release, or a representative of HIV+ incarcerated persons-, 24 One (1) State of Florida General Revenue grantee representative.<< (c) Six (6) representatives of the infected community >>who are not affiliated or employed by a Title I funded provider, and are recipients of Title I services<< shall also be appointed as alternates. Alternate members will also be appointed for the [[Qty e f Hialeah, City e f lAia .,; Be..eh-ffl City of Miami, Miami -Dade County, State Government/Title II, Local Public Health Agency, Miami -Dade County Public Schools, Office of the Mayor >>of Miami -Dade County<<, [[ate]] Board of County Commissioners, >>and the State of Florida General Revenue gEantee<< categories Submitted Into the public record in connection with item 5^can 1- 9-o-3 Priscilla A. Thompson �. 14 City Clerk Agenda ILWn No. 4 (J) Page 4 X2.315 of representatives. Alternate members may be assigned as voting members of committees, but are non-voting members of the full Partnership except when the voting member appointed to that category of representatives is unable to serve, at which time an alternate member of the same category of representatives designated by the chairperson shall serve as voting member for the full Partnership. (d) >>The Partnership shall maintain at all times a fair and open nominations process as written in its By -Laws which shall result in a recommended slate of candidates, including alternates, which is forwarded to the Mayor for his consideration.<< Members and alternates shall be appointed by the Mayor, who shall designate which category listed in subsections (a) and (b) above each member shall represent. Members shall be appointed in accordance with Sections 2-11.38 and 2-11.38.1 of the Code of Miami -Dade County. (f) Appointment shall comply with the following requirements: (3) No more than fifteen (15) individuals shall be appointed who personally provide, who represent entities that . provide, or who otherwise possess a financial relationship with entities that provide .HIV rCelated services funded by Partnership programs. eateger-y of representatives who de not ser -v- Xill U ]] (4) No funded provider shall have more than one (1) representative or employee as a member, except as mandated by the legal requirements of Partnership programs. [(and f - fneffiber-9 of whe do net Y et:j Y y a 't'fer-funded YY ;dam—an e the a fe e exempted fr-em this fl (i) Attendance requirements for members shall be in accordance with Section 2-11.39, except that five (5) absences, excused or unexcused, in any fiscal year shall also constitute grounds for removal >>and except absences that are due to r. ,yes 3 - 24 Age. , Item No. 4 (J) Page 5 Partnership business related travel are not counted against the total of five (5) absences.<< If a member appointed to represent a category listed in subsection (a) or (b) above loses such representative status, fails to maintain the qualifications for membership set forth in Section 2-11.38, fails to maintain attendance requirements, voluntarily resigns, or for other good cause is removed, the member shall forfeit membership on the Partnership. Section 3. Section 2-1103 of the Code of Miami -Dade County, Florida, is hereby amended to read as, follows: Sec 2-1103. Organization »(f) All meetings of the Partnership shall be open to the public and shall be held only after adequate notice to the public. The records, reports, transcripts, minutes agenda and other documents which are made available to or prepared for or by the Partnership shall be available for public inspection and copying at a single location consistent with Chapter 119 of the Florida Statutes and the Federal Advisory Council Act.<< [[(4)]] >>W<<The Partnership shall not transact business .or exercise its powers unless a majority of the quorum in attendance agrees to the activity. The chairperson, or five (5) Partnership members upon written request to the chairperson, may call for a special meeting. [[(0]] »fhj«The Partnership may appoint committees to accomplish its tasks, and may appoint as committee members individuals who are not Partnership members. [[(h)]] »(i)«Each committee shall strive to maintain no less than one-third membership by representatives of the affected/infected community. ,02.35 rec±si « i; `s item / lid ieiiA.-5. e3 03- 2 4 City Clerk Agenda him No. 4 (J) Page 6 0.2.3. Section 4. Section 2-1104 of the Code of Miami -Dade County, Florida, is hereby amended to read as follows: Sec. 2.1104. Powers and duties The Partnership shall have the following powers, duties, functions and responsibilities: (a) [[ rel,ensia plan establish s ,;tie., and ...11.... « fun c-vrrii7rcuGrsJr�vYzuiij-c.�uvsz:rrr��.� � , te- the -areas —e f gr-eates eed -with —equal—rveight and a4entien pr-ev:deal _te TSA A IDS pr-eventien, health and suppefti ll»Establish methods for obtaining input on community needs and priorities which may include public meetings, conducting_ _focus groups, and convening ad-hoc ap nels.<< ...CAI,— sib A _ (4) State ef Fler-ida general Revenue Care and TT-eatfneatt A l�l^c�t:ro^.as .rJim aaf� l te fe�dafien ) »(b) Develop a community -wide comprehensive plan for the Partnership and health services that is compatible with the State of Florida and the County's plan regarding the provision of health services to individuals with HIV/AIDS. Age. Item No. 4 (J) Page 7 (c) Establish prevention, housing, and care and treatment recommendations, including priorities. () Establish priorities for the allocation of Title I funds within the County, including how best to meet each such priority and individual factors that the County should consider in allocating funds under Title I of the Ryan White CARE Act based on the : (1) documented needs of the HIV-infected population within the County; (2) cost and outcome effectiveness of proposed strategies and interventions, to the extent that such data are . reasonably available; (3) priorities of the HIV-infected communities for whom the services are intended: and (4) availability of other governmental and non- governmental resources. e) Make recommendations for service priorities for the use of other funds, to the areas of greatest need, with equal weight and attention provided to HIV/AIDS prevention, health and supportive services. and housing, including but not limited to the use of the following funding sources: (1) Title H of the Ryan White CARE Act (2) Federal ' HIV Prevention and Surveillance Cooperative Agreements. (3) Housing_ Opportunities for Persons with AIDS program. (4) State of Florida General Revenue Care and Treatment funding. (5) Other federal and state grants _(6) Funding from municipalities interested in supporting implementation of the Partnership's Comprehensive Plan. 02.35 $tiiJmif-: ed into U-10 public item y'rK 0 2 , ic Age i,„m No. 4 (J) PagL (7) Private Foundation grants. (8) Private contributions.<< [[%]]>> M« To serve in an advisory capacity to the Board of County Commissioners, the Mayor, and other governmental entities with respect to all issues affecting or relating to persons at risk of contracting the virus and persons living with the virus. »(g) Participate in the development of the Statewide Coordinated Statement of Need initiated by the State of Florida's public health agency responsible for administering_ grants under the Ryan White CARE Act. ..:+"L.-. at-- n -- ---I-*_ f matter deemed appropriate by the Partnership including procedures for submitting_ grievances for Title I allocations that cannot be resolved to binding arbitration as required by the R roman White CARE Act Amendments. Grievance procedures developed by the Partnership shall be submitted for review and approval to the appropriate federal agency. Upon approval these procedures shall become the sole dispute resolution mechanism and shall take precedence over all other County dispute resolution mechanisms including but not limited to the County bid protest procedures (i) Assess the efficiency of the administrative mechanism in rapidly allocating funds to the areas of greatest need with the County and, at the discretion of the Partnership assess the effectiveness and quality, either directly or through contractual arrangements, of the services offered in meeting the identified needs.<< [[{e)]] »Q« Those powers and duties granted by the Ryan White Comprehensive AIDS Resources Emergency (CARE) Act, CARE Act Amendments of 1996 >>and 2000«, HIV Prevention and Surveillance Cooperative Agreements, Healthy Communities 2000 Objectives, AIDS Housing Opportunity Act, and Housing and Community Development Act of 1992, and State of Florida General Revenue Care and Treatment Allocations as presently exist or as may be amended. 02.35" *he public 03-- 24 Agt,_ Atem No. 4 (,7) 02-35-,1 Page 9 Section 5. Section • 2-1105 of the Code of Miami -Dade County, Florida, is hereby amended to read as follows: Sec. 2.1105. Conflict of Interest Section 2-11.1 (c) and (d) of the Conflict of Interest and Code of Ethics Ordinance of Miami -Dade County are waived for Partnership members for transactions arising from the exercise of those powers granted the Partnership herein and by the requirements of the Partnership programs. >>Notwithstanding the foregoing the Partnership and its members shall comply with all other provisions set forth in Section 2-11.1 and any other applicable state and federal laws.<< Section 6. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 7. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami -Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 8. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. •a ^t 6 3�'�^..it iter.) � a. n�- 24 Ag i Itum No. 4 (J) Pag,; 10 Section 9. This ordinance does not contain a sunset provision. PASSED AND ADOPTED: FEB 2 6 200-2 Approved by County Attorney as to form and legal sufficiency: Prepared by: Terrence A.'Smith 02.35-4 Submitted record item City (--"Ieri/% 03- 24 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members DATE : 'EC 3 0 20J2 FILE of the City Commission SUBJECT: HOPWA Restructure FROM: e G. REFERENCES: City Commission Meeting #ityM ager January 9, 2003 ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached resolution amending Resolution No. 02-777, adopted at the Special City Commission meeting of July 8, 2002, as specified herein, relating to funding for the 2002-2003 Housing Opportunities for Persons With AIDS (HOPWA) Program, by moving funding to three (3) previously approved agencies identified herein from the Supportive Housing Category to the Long Term Assistance Category, revising allocations to providers of Long Term Housing Assistance consistent with the absorption of clients resulting from the closeout of the contract with the Miami -Dade Housing Agency, eliminating the allocation of funds for the payment of Utility Assistance in the Long Term Assistance Program and moving the balance of previously approved HOPWA funds as a result of said revisions to a HOPWA Contingency Fund for future distribution following the completion of a needs assessment and development of a strategic plan to most effectively provide of housing assistance and housing related services to low income individuals living with HIV/AIDS; allocating $50,000 of non-HOPWA funds to Apple Tree Perspectives, Inc. to complete the needs assessment; and further authorizing the City Manager to execute individual agreements with approved agencies, in a form acceptable to the City Attorney, subject to applicable City Code provisions. BACKGROUND: At the City Commission meeting of December 12, 2002, the Administration recommended approval of a proposed resolution that basically finalized funding for the Long Term Rental Assistance component of the Housing Opportunities for Persons With AIDS (HOPWA) Program. The Public Hearing discussion regarding this item elicited a mixed collage of proponents and opponents from the public, including several citizens who expressed adamant opposition to the Administration's proposal. As a result of the Public Hearing discussion, the City Commission deferred the item to the meeting of January 9, 2003 and further directed the Administration to schedule a Public Hearing and other necessary meetings in an effort to receive further public comment and to constructively resolve significant issues of concern. The Public Meeting was held at the Orange Bowl Athletic Club December 17, 2002 and a follow-up meeting of the Housing Committee of the HIV/AIDS Partnership was- convened December 19, 2002. 03- 024 While opposition to the City's proposal continues from several vocal opponents, these meetings were constructive in establishing a forum that clearly, demonstrated a commitment to maintaining a cooperative relationship in the future between the City of Miami HOPWA Program and the Housing Committee of the Partnership to maximize housing services to the impacted population. Toward this end, the City provided the Housing Committee with copies of its proposed Emergency Program for review and comment. The Housing Committee will provide the City with its recommendations and then the final document will be forwarded to the Partnership for approval. While the Housing Committee did adopt a motion supporting the need for a Needs Assessment so that it could provide advisory information to the City regarding its recommendation for the use of HOPWA funds in the future, the County Attorney representing the Partnership (and the Housing Committee at this specific meeting) advised the Housing Committee members that it had no jurisdiction to recommend specific Agency allocations to the City and the Committee did not have authorization to act on behalf of the full Partnership. The County Attorney further indicated that, since Partnership did not take any formal action at its regular meeting in December when the City presented its funding proposal to the full Partnership, any person addressing the City Commission was doing so as an individual and did not have the authority to speak on behalf of the Partnership. To most effectively meet the immediate needs of existing clients participating in the Long Term Rental Assistance Program, the Administration maintains its original recommendation presented at the December 12 City Commission meeting at least on a short term basis through September 30, 2003. At the same time, the Administration is prepared to work with the HIV/AIDS Partnership to develop an RFP for all HOPWA services for the period commencing October 1, 2003. As previously stated in the back-up to that meeting, at the Special City Commission meeting of July 8, 2002, the City Commission adopted Resolution No. 02-777 allocating $12,482,000 of Fiscal Year 2002-2003 and $1,086,460 of unallocated Fiscal Year 2001- 2002 Housing Opportunities for Persons With AIDS (HOPWA) Program funds to provide housing assistance and housing related services to low income individuals living with HIV/AIDS. This was a duly advertised meeting and there was minimum public input during that process. As you are aware, the City of Miami has been responsible for the implementation and administration of HOPWA funds for programs designed to provide housing and housing related services to individuals living with HIV/AIDS throughout Miami -Dade County since 1994. Recently HUD advised the City that the use of HOPWA funds for preventive activities is ineligible under the federal regulations. In addition HUD informed the City that utility assistance is also ineligible under the Long Term Assistance category. To address these.. issues, the Administration's recommendation includes the transition of agencies previously funded under the Supportive Services Category to provide prevention services to the Long Term Assistance Category to provide rental assistance to eligible clients. These agencies will absorb the caseload relinquished through the transfer of 03- 024