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99-23081 RESO RESOLUTION NO. 99-23081 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LETTER OF UNDERSTANDING BETWEEN THE CITY AND THE HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH FOR THE CONTINUATION OF A "JOINT PROGRAM FOR HOUSING ASSISTANCE-RELATED COMMUNITY DEVELOPMENT ENHANCEMENT" FOR FISCAL YEAR 1998/99 COMMITTING $239,106 TO THE CITY FOR THE PROVISION OF ENHANCED RECREATION SERVICES, ENHANCED POLICE PROTECTION AND SUBSIDIZED CHILD CARE; FURTHER AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF SAID FUNDS. WHEREAS, on September 13, 1994, the Board of Commissioners of the Miami Beach Housing Authority approved a Letter of Understanding between the City and the Housing Authority providing for a "Joint Program For Housing Assistance-Related Community Development Enhancement" for fiscal year 1994/95 in the City of Miami Beach; and WHEREAS, on September 22, 1994, the Mayor and City Commission adopted Resolution No. 94-21321, which ratified this action; and WHEREAS, On September 24, 1997, the City adopted Resolution 97-22524, which continued the provision of these enhanced services under this Program through September 30, 1998; and WHEREAS, the Housing Authority and the City have determined the need to adopt a Letter of Understanding to provide for the continuation of a "Joint Program for Housing Assistance-Related Community Development Enhancement" in the City of Miami Beach; and WHEREAS, under the terms of the Letter of Understanding, the following programs will be continued that enhance the quality of life of those persons receiving housing assistance: I) enhanced recreation services, 2) enhanced police protection, and 3) subsidized child care; and WHEREAS, under the terms of the Letter of Understanding, the Housing Authority will continue to provide the City with intake eligibility services, including income determination, income certification and income verification, for activities funded by the City's HOME Investment Partnerships Program, with compensation not to exceed $5,000 without the prior approval of the parties; and WHEREAS, the City has continued to implement these programs on behalf of the Housing Authority, while retaining all pertinent documentation, with the understanding that the Housing Authority will reimburse the City for services retroactive to October 1, 1998; and WHEREAS, a joint bank account was previously established for this program, and is currently active, with bookkeeping responsibilities remaining with the City; and WHEREAS, the Housing Authority agrees to contribute into a dedicated fund jointly held in the name of the Housing Authority and the City, a total of $239,106 to accomplish the services described in the Letter of Understanding; and WHEREAS, funds received by the City must be appropriated by the Mayor and City Commission prior to their expenditure. 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 a Letter of Understanding Between the City and the Housing Authority of the City of Miami Beach for the continuation of a "Joint Program for Housing Assistance-Related Community Development Enhancement" for Fiscal Year 1998/99 committing $239,106 to the City for the provision of enhanced recreation services, enhanced police protection and subsidized child care; further authorizing the acceptance and appropriation of said funds. PASSED AND ADOPTED THIS ~ DAY OF March , 1999. ATTEST: APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION Jdlmr ecudM CITY CLERK ~ 2..09Ab arney ~ SKC/INTER-LQ,99R ~ITY OF MIAMI BEACH :ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 ttp:\\ci. miami-beach, fl. us TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. 1Co9 -CJ9 Mayor Neisen O. Kasdin and DA TE: March 3, 1999 Members of the City COWlmission S..g;o ROd,;gO'..z /5f___ City Manager --if A RESOLUti'O~ OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LETTER OF UNDERSTANDING BETWEEN THE CITY AND THE HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH FOR THE CONTINUATION OF A "JOINT PROGRAM FOR HOUSING ASSIST ANCE-RELA TED COMMUNITY DEVELOPMENT ENHANCEMENT" FOR FISCAL YEAR 1998/99 COMMITTING $239,106 TO THE CITY FOR THE PROVISION OF ENHANCED RECREATION SERVICES, ENHANCED POLICE PROTECTION AND SUBSIDIZED CHILD CARE; FURTHER AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF SAID FUNDS. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. BACKGROUND: In 1992, the City forged a partnership with the Miami Beach Housing Authority (Housing Authority) to jointly serve income-eligible residents of Miami Beach. Towards this end, on November 10, 1992, the Housing Authority approved a Letter of Understanding with the City, for the development of a "Joint Program for Housing-Assistance Related Community Development Enhancement" in the City of Miami Beach. The City ratified this Agreement by Resolution 92-20668, which was adopted on November 18, 1992. The initial Agreement spanned a two-year period, and provided the following services: enhanced code compliance, subsidized affordable child care, enhanced police protection, and recreational activities at Normandy Isle Park. On September 13, 1994, the Board of Commissioners of the Housing Authority approved a second Letter of Understanding between the City and the Housing Authority amending the original Letter of Understanding and providing for the continuation of the program described above, with the exception of the enhanced code compliance component. On September 22. 1994, the City adopted Resolution 94-2132 L which ratified this action. On September 24, 1997, the City adopted Resolution 97-22524, which continued the provision of these enhanced services under this Program through September 30. 1998. AGENDA ITEM LLC- 3-3-~ DATE COMMISSION MEMORANDUM PAGE 2 ANAL YSIS: During the negotiating period of the Letter of Understanding for fisql year 1998/99, the Housing Authority authorized the City to continue implementation of the three programs covered under the previous Letter of Understanding, as follows: 1) enhanced recreation services; 2) enhanced police protection; and 3) subsidized child care, with the understanding that all eligible expenses would be reimbursed by the Housing Authority. On February 9, 1999, the Board of Commissioners of the Housing Authority approved the Letter of Understanding between the City and the Housing Authority providing for the continuation of the Program for fiscal year 1998/99, At this time. both parties wish to adopt the Letter of Understanding, retroactive to October 1, 1998, allowing the City to be compensated for any and all eligible expenditures, and providing for the continuation of enhanced recreation services, enhanced police protection and subsidized child care through September 30, 1999. The Housing Authority agrees to contribute into a dedicated fund jointly held in the name of the Housing Authority and the City a total of$239,106 to accomplish the services described in the Letter of Understanding, At the request of the Housing Authority, the term of the Letter of Understanding is October 1, 1998 through September 30, 1999, and it can be renewed with the consent of both parties. The components of the Program are summarized as follows: MIAMI BEACH HOUSING AUTHORITY ANNUAL FUNDS - $239,106 a. RECREATION PROGRAM - $96,106 The City agrees to continue to implement the after-school and summer recreational programs at all City parks, designed to benefit youth in grades K-12 under the direction of the City's Recreation, Culture and Parks Department. The Housing Authority's contribution will be applied to enhance the existing programs as well as any operating costs directly related to implementation and enhancement of these programs, The City will continue to provide all necessary transportation and related services for participants of this Program. b. ENHANCED POLICE PROTECTION - $65,000 The City agrees to continue to provide enhanced police protection for all Housing Authority clients under the direction of the City of Miami Beach Police Department. The Housing Authority's contribution will continue to be applied to help fund the salary of one full-time City of Miami Beach Police Officer assigned special detail at the Housing Authority. The Chief of Police shall assign the special detail officer. The officer assigned shall be replaced based upon need or convenience by either the City or the Housing Authority. Attached is a copy of the Special Order regarding the roles and responsibility of the Housing Authority Police Officer. COMMISSION MEMORANDUM PAGE 3 c. SUBSIDIZED CHILD CARE - $78,000 The City agrees to continue to provide quality affordable chilp care to Housing Authority clients through a subsidized child care program, A minimum of thirty (30) slots at a maximum amount of $10 per slot/day will be provided by licensed sub-recipient agencies and/or provided, as selected by the Housing Authority or the City. The Housing Authority will reimburse the City for any and all expenses incurred for the provision of subsidized child care, by any previously approved provider. under the terms of the original agreement. MIAMI BEACH HOUSING AUTHORITY SERVICES In addition to the funds provided under the Letter of Understanding, the Housing Authority may from time to time perform other quality oflife services in collaboration with the City. Unless otherwise specified, the Housing Authority will continue to provide the City with intake eligibility services. including income determination, income certification and income verification, for activities funded by the City's HOME Investment Partnerships Program, with compensation not to exceed $5,000 without the prior approval of the parties, CONCLUSION: The Administration recommends that the Mayor and City Commission adopt the attached Resolution authorizing the Mayor and the City Clerk to execute a Letter of Understanding between the City and the Housing Authority of the City of Miami Beach, for the continuation of a "Joint Program for Housing Assistance-Related Community Development Enhancement" for fiscal year 1998/99 committing $239,106 to the City for the provision of enhanced recreation services. enhanced police protection and subsidized child care; further authorizing the acceptance and appropriation of said funds. SR/~/~~K~'~ lNTER.LO,99M . CIT~()t= ~IAMI 13J:.&Cr-t f)fJLICr: Ur:VAl?TMJ:NT -.- =- OeOICAreo - COMMUNITY S" 1100 WA'I1INGTON ^"'l!NU~ + MIAMI ~l!ACH. F~OlClaA ~"1"9 CI'''(/''' O"ICE (JO~) 6n.792~ (FAZ) 67~.706!S SPECIAL ORDER NO. 16-95 October 30, 1995 TO: All Personnel. To Be Announced "At All Roll Calls for four (4) Consecutive Oavs And Posted On The Bulletin Boards for A .!(eriod Of Thirtv (30) Oavs. Richard Barreto {fr t2!/ .' Chief of Polke FROM: SUBJECT: Miami Beach Housing Authority Police Officers EFFECTIVE: Immediately .. I . PURPOSE: The purpose of this Special Order is to establish the duties and responsibilities of police officers assigned to work with the Miami Beach Housing Authority. II. MI~~I BEACH HOUSING AUTHORITY/POLICE GUIDELINES: A. POLICE SERVICES PROVIDED: 1." To identify family problems and refer appropriate governmental 'or private agencies assistance. to for 2. Provide enforcement and' ini ti.a te investi-ga tions when dee~ed appropriate. 3. Provide housing residents with information ,concerning resources wi thin the police, the community and other municipal departments. 4. Provide police community relations through working with youth groups as a role model, attending tenant and community meetings_ B. The Chief of Police and/or his designee shall designate a.ny additional resconsibili ties, other than those enumerated above, of "the assigned police officer(s). Any change(s) to the assigned police officer's responsibilities that are requested by the Miami Beach -..... Eousing Autho~ity will be coordinated through the Office of the Chief of Police by the a~pro~~iate Miami HOUsing pe~sonnel. C. The assigned police officer can provide co~ies of offer.se/incident re~orts, arr-est affidavits, and other public ~ecords. The relea~e of NCI~/Fcrc computer ~rintouts of criminal history info~atlor. and/or other infor-::la tion genera ted by the NCIC/FCrC system 1S prohibited. o. Anv request for ser:,;ice of the assig:-:ed police officer(s) after hours and/or on hiS/her days off or the need fer immediate attention when the ~olice officer is -unavailable shall be routed through the Comrrounication's Oes~ at 673-7900. Requests by the Mi-ami Beach infor:nation in the official Police Oepart~ent shall be Oecart~ent in conforwance with O-~~- 06-9::: ,:::,,;.., 1 L' C Reco~ds .... '- - _ -J,... _J..I _ ... _ . Housing Authoritv for any - - records maintained bv the provided by the P~lice the provisions of~General III. ROLE OF POLIC~ O?FICERS: ThQ assigned officer's principle functions are: 1. ?atrol and Gbse~,;ation. 2. Control of Public Gatherings. 3. Miscellaneous Field Services. 4. Investigating Complaints. =. Initiating Investigations of Suspicious Incidents. 6. Arrest of Offenders. 7. Preparation of Reports. 8. Crime Prevention Measures. 9. Domestic Violence Intervention. 10. Keeo records of services provided, referral fOrills, fellow-up information, etc. R3/SDR/MMS/rad CC: A/Chief Sarreto A/A Chief Mulshine -Major Robb.:.ns Major Schr:eider A/Maj or Lhtv Capt. De Lucca Capt. Tollefsen Ca~t. Com/ell Ca~t. Scarber:-v Capt. Mazer . Ms. SCh'..;ab Payrall-J3 Martha Diaz, Police Legal Oet. 80za Dec. Zeifman Internal Affai:=s ?:=operty Unit: ?S.C.U. Records C.L.G. Sgt. Lynda Veski, F.G.? Mr. Za'.....orski M:=. Frame 1998-99 LETTER OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND THE HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH This Agreement is effective as of the 1 st day of October, 1998, by and between the CITY OF MIAMI BEACH, a Florida municipal corporation, having-its principal office at 1700 Convention Center Drive, Miami Beach, Florida, (City), and THE HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH, located at 200 Alton Road, Miami Beach, Florida. (Housing Authority). WITNESSETH: WHEREAS, on November 10, 1992, the Housing Authority approved a Letter of Understanding between the City and the Housing Authority for the development of a Joint Program for Housing Assistance-Related Community Development Enhancement in the City of Miami Beach; and WHEREAS, on November 18, 1992, the City Commission adopted Resolution 92-20668, which ratified this action; and WHEREAS, on September 13, 1994, the Board of Commissioners ofthe Housing Authority approved a subsequent Letter of Understanding between the City and the Housing" Authority for continuation of the Joint Program for Housing Assistance-Related Community Development Enhancement in the City of Miami Beach; and WHEREAS, on September 22, 1994, the City Commission adopted Resolution 94-21321, which ratified this action; and WHEREAS, on September 24, 1997, the City Commission adopted Resolution 97-22524, amending the Letter of Understanding between the City and the Housing Authority for the continuation of the Joint Program for Housing Assistance-Related Community Development Enhancement in the City of Miami Beach for the three-year period ending September 30, 1998; and WHEREAS, the Housing Authority and the City have determined the need to continue the Joint Program for Housing Assistance-Related Community Development Enhancement in the City of Miami Beach as set forth in this Letter of Understanding; and WHEREAS, the following services will be undertaken that enhance the quality of life of those persons receiving housing assistance: 1) enhanced recreation programs, 2) enhanced police protection, and 3) subsidized child care; and WHEREAS, a joint bank account had been previously established for these programs, is currently active, and bookkeeping responsibilities will remain with the City; and WHEREAS, the Housing Authority desires to continue to engage the City as a provider to render certain services in connection with the Joint Program for Housing Assistance~Related Community Development Enhancement. NOW, THEREFORE, in consideration of the mutual promises made, the p~ies agree as follows: ARTICLE I BENEFIT FUND The Housing Authority agrees to contribute into a dedicated fund jointly held in the name of the Housing Authority and the City a total of$239,106 to accomplish the services described for a one-year period commencing October 1, 1998 and concluding September 30, 1999, for the programs which are described below. The parties each reserve the right to terminate the Letter of Understanding upon thirty (30) days notice, with the services described in this Letter of Understanding to cease. In the event of termination, the City may, in its sole discretion and subject to funding availability, elect to continue the level of programs provided by the City in the same manner as they existed prior to this Letter of Understanding, and in that event the children of Housing Authority clients shall have the same access to such programs as other children of residents of the City. ARTICLE II SCOPE OF SERVICES A. HOUSING AUTHORITY FUNDS 1. Recreation Program: $96,106 a. The City implements after-school and summer recreational programs at all City parks, designed to benefit youth in grades K-12 under the direction of the City's 2 Recreation, Culture and Parks Department for all residents of the City. Attached as Exhibit "1" is a listing of all parks and the regular and special services provided at each park. The Housing Authority and the City shall cooperate to coordinate the nwnber of children attending each park and the programs in which the children shall participate. b. The Housing Authority's contribution will be applied to enhance the existing programs, as well as any operating costs directly related to the implementation and enhancement of these programs. The City of Miami Beach will provide all necessary transportation and related services for participants of this program. The City shall monitor all funds received and the purposes for which they are expended pursuant to this section and report these items as indicated on the form attached as Exhibit 2. c. The Housing Authority shall receive recognition on all recreation brochures, flyers and other promotional or informational materials, regarding the Housing Authority's contribution to the City's programs. 2. Enhanced Police Protection: $65,000 a. The City agrees to provide enhanced police protection for all Housing Authority clients under the direction of the City of Miami Beach Police Department. b. The Housing Authority's contribution will continue to be applied to help fund one full-time City of Miami Beach Police Officer assigned special detail at the Housing Authority. The Chief of Police shall assign the special detail officer. The officer assigned shall be replaced based upon need or convenience by either the City or the. Authority. c. The Police Officer will provide the following services: identification of family problems and referral to appropriate agencies for assistance; enforcement and investigative assistance, when deemed appropriate; assistance to housing residents including, but not limited to, information regarding community resources within the police, the community and other governmental departments; police community relations through work with youth groups, and attending tenant and community meetings. 3 d. The Chief of Police or a designee shall designate any additional responsibilities, . other than those enumerated above, with the assistance of the Executive Director. Any changes to the assigned Police Officer's responsibilities that are requested by the Housing Authority will be coordinated through the Office of the Chief of Police. Any request by the Housing Authority for information from the official Police Department records shall be provided by the Police Department in conformance with the provisions of the Public Records law and all applicable Federal and State laws. 3. Subsidized Child Care: $78,000 a. The City agrees to continue to provide quality affordable child care to Housing Authority clients through a subsidized child care program, A minimum of thirty (30) slots at a maximum amount of $10 per slot/day will be provided by licensed sub- recipient agencies and/or providers, as selected by the Housing Autho~ty or the City. The location of all child-care services shall be selected by the families and the Housing Authority from the list of all approved providers. Any subsidized child care paid directly by the Housing Authority shall be credited against this amount. B. HOUSING AUTHORITY SERVICES In addition to the funds provided under this Agreement, the Housing Authority may from time to time perform other quality of life services in collaboration with the City. Unless otherwise specified, the Housing Authority will continue to provide the City with intake eligibility services, including income determination, income certification and income verification, for activities funded by the City's HOME Investment Partnerships Program, with compensation not to exceed $5,000 without the prior approval of the parties. ARTICLE III TERM OF AGREEMENT This Agreement shall be deemed in effect for twelve (12) months from October 1, 1998 to September 30, 1999, unless otherwise terminated pursuant to Article I, above. ARTICLE IV METHOD OF PAYMENT It is expressly understood and agreed that the amount to be paid by the Housing Authority 4 shall not exceed $239,106, as addressed above in Article I. Such fWlds shall be expended during the term of the Amendment, as follows: A. The City will charge expenses incurred Wlder the terms of this Letter of Understanding to the Joint Benefit Fund currently held at Nations Bank, on a quarterly basis. This will be accomplished through one quarterly internal bank transfer which includes expenses incurred for all components as described in Article I, above, B. At the discretion of the Executive Director of the Housing Authority, the requirements for jointly signed checks shall be reinstituted. Ledgers reflecting actual expenditures incurred will be provided to the Housing Authority on a quarterly basis, or more often, if requested by the Housing Authority. C. The City will reimburse the Housing Authority for any funds determined by U.S. HUD to have been paid in violation ofthe law. D. Any funds not expended by the City at the end of the term of this Agreement shall be returned to the Housing Authority, unless otherwise determined by the Authority. ARTICLE V AMENDMENTS Any amendments, modifications or waivers of this Agreement shall only be valid when they have been reduced to writing and duly signed by both parties. Any changes which do not substantially change the scope of the project or increase the total amount payable under this amendment shall be valid only when reduced to writing and signed by the City and the Housing . Authority Administration. ARTICLE VI AUDIT AND INSPECTIONS Audit and inspections will be conducted in accord with law, 5 ARTICLE VII COMPLIANCE WITH LOCAL, STATE AND FEDERAL REGULATIONS The Housing Authority and the City agree to comply with all applicable federal regulations as they may apply to program administration. In addition, the parties agree to comply with all state and local laws and ordinances which may be applicable. ARTICLE VIII LIMITATION OF LIABILITY The Housing Authority desires to enter into this Letter of Understanding only if in so doing the Housing Authority can place a limit on liability for any cause of action for money damages by the Housing Authority arising out of this Letter of Understanding, so that its liability never exceeds the sum of $239,106. The City hereby expresses its willingness to enter into this Letter of Understanding with the City's recovery for any action to be limited to a maximum amount of $239,106, less the amount of any and all funds actually paid to the City by the Housing Authority pursuant to this Letter of Understanding. Accordingly, the City hereby agrees that the Housing Authority shall not be liable to the City for damages in an amount in excess of $239, 1 06 which amount shall be reduced by the amount of funding actually provided to the City by the Housing Authority pursuant to this Letter of Understanding, for any action or claim arising out of this Letter of Understanding, Nothing contained in this subparagraph or elsewhere in this Letter of Understanding is in any way intended to be a waiver of the limitation placed upon the Housing Authority's liability as set forth in Section 768.28, Florida Statutes. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by its duly authorized official(s). ATTEST: l" " , THE HOUSING AUTHORITY OF THE CITY OF M BEACH Executive Director Chairperson '" lie . 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CI) Exhibit 2 City of Miami Beach Department of Parks and Recreation Fall Winter Spring Summer , . ' , Per Number of Number of Name of Special Capita Section 8 Non-Section 8 Name of Park Program Costs Participants Participants