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2000-24214 RESO / RESOLUTION NO. 2000-24214 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE SALVATION ARMY, A GEORGIA CORPORATION, FOR $110,000, TO PROVIDE EMERGENCY SHELTER BEDS TO THE CITY OF MIAMI BEACH HOMELESS POPULATION. WHEREAS, the City has designed and implemented a Homeless Assistance Pilot Program in furtherance of the City of Miami Beach Police Department GENERAL ORDER NO, 05-98, June 3, 1998: "STANDARD OPERATING PROCEDURES FOR HOMELESS ASSISTANCE". This Pilot Program operated from May 1,2000 to August 31,2000, and involved a contract with the Salvation Army to provide emergency shelter beds to the City of Miami Beach's homeless population, In effect, Resolution No. 99-23400 authorized a reservation of emergency shelter beds specifically for utilization by the Miami Beach Police Department for Miami Beach homeless persons in its pilot program of homeless outreach and transportation to shelter; and WHEREAS, currently, the Homeless Trust of Miami-Dade County contracts shelter beds with the Salvation Army and currently reserves approximately one half of the contracted beds for Miami Beach homeless brought into the shelter by Douglas Gardens Community Health Center Outreach Team, The Homeless Trust reservation of beds is not sufficient to address the homeless shelter needs for Miami Beach homeless. In addition to these emergency beds, Douglas Gardens pays for 5 guaranteed beds at the Salvation Army shelter with funds it receives from the City of Miami Beach Emergency Shelter Grants Program fund; and WHEREAS, the City of Miami Beach is committed to the continuation of the Homeless Assistance Program and has committed $50,000 Special Revenue Funds for Resort Tax through Resolution No, 2000-24128 and the Miami Beach Police Department has committed $60,000 of Police Confiscation Trust Funds through Resolution No, 2000-24089, This funding is to be used to complete the funding needed to execute the proposed contract with the Salvation Army; and WHEREAS, the contract has been prepared in accordance with Article VI, Division 3, "Contract Procedures" Section 2-369 of the Miami Beach City Code, Once admitted to the Salvation Army shelter, homeless persons identified by the Police Department and referred by Douglas Gardens Community Mental Health Center will have access to the Continuum of Care system for Miami-Dade County, of which the City of Miami Beach is a part, The Continuum of Care system includes supportive services such as job training, medical assistance, and access to transitional housing, among others; and WHEREAS, the Administration believes that continuation of the Homeless Assistance Project of the Committee on the Homeless for the City of Miami Beach will benefit the homeless within the community, as well as the community at large, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the City of Miami Beach, Florida, authorize the Mayor and City Clerk to execute an Agreement with the Salvation Army, for $110,000, to provide Emergency Shelter beds to the City of Miami Beach's homeless population, with funding from the City of Miami Beach Special Revenue, Resort Tax Funds and the City of Miami Beach Police Department Funds, for this purpose, PASSED AND ADOPTED THIS 20th DAY OF DECEMBER, 2000 ATTEST: ~dP~ CITY CLERK 1/11 MAYOR F:\DDHP\$ALLIL YSSETIEIHOMELESSICONTRACTlSalvation Army 2 Resolotion .doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 11{~~ ~ 1)..- I~- 0, Dlft C'ITY OF MIAMI BEACH COMMISSION MEMORANDUM NO. ?5"~OO CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.ft.us TO: Mayor Neisen O. Kasdin Members of the City Commission DATE: December 20, 2000 SUBJECT: Jorge M. Gonzalez \, .- City Manager ()~ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE SALVATION ARMY, A GEORGIA CORPORATION, FOR $110,000, TO PROVIDE EMERGENCY SHELTER BEDS TO THE CITY OF MIAMI BEACH HOMELESS POPULATION. FROM: ADMINISTRATION RECOMMENDATION Adopt the Resolution, CONTRACT AMOUNT AND FUNDING Contract amount for the Salvation Army contract not to exceed $llO,OOO, Funds are available through the Special Revenue Funds for Resort Tax of the City of Miami Beach as appropriated in Resolution No, 2000-24128, in the amount of $50,000 and through the Police Department Confiscation Trust Funds as appropriated in Resolution No, 2000-24089, in the amount of $60,000, ANALYSIS The City has designed and implemented a Homeless Assistance Pilot Program in furtherance of the City of Miami Beach Police Department GENERAL ORDER NO, 05-98, June 3, 1998: "STANDARD OPERATING PROCEDURES FOR HOMELESS ASSISTANCE", This Pilot Program operated by the City of Miami Beach Police Department, in conjunction with the Douglas Gardens Community Mental Health Center from May 1,2000 to August 31, 2000, wherein the Salvation Army provided emergency shelter beds to the City of Miami Beach's homeless population, In effect, Resolution No, 99-23400 authorized a reservation of emergency shelter beds specifically for utilization by the Miami Beach Police Department for Miami Beach homeless persons in its pilot program of homeless outreach and transportation to shelter. rUNDI AGENDA ITEM DATE (l}l Q 12. -.;to -OU COMMISSION MEMORANDUM DECEMBER 20, 2000 Page 2 Currently, the Homeless Trust of Miami-Dade County contracts shelter beds with the Salvation Army and reserves approximately one half of the contracted beds for Miami Beach homeless brought into the shelter by Douglas Gardens Community Health Center Outreach Team, The Homeless Trust reservation of beds, however, is not sufficient to address the homeless shelter needs for Miami Beach homeless. Douglas Gardens pays for an additional 5 guaranteed beds at the Salvation Army shelter with funds it receives from the City of Miami Beach Emergency Shelter Grants Program funds, The City of Miami Beach is committed to the continuation of the Homeless Assistance Program and has committed $50,000 Special Revenue Funds for Resort Tax through Resolution No. 2000-24128 and the Miami Beach Police Department has committed $60,000 of Police Confiscation Trust Funds through Resolution No, 2000-24089, This funding will provide 30 emergency shelter beds at a cost of $15 per bed/night for a total of $110,000, The contract has been prepared in accordance with Article VI, Division 3,"Contract Procedures" Section 2-369 of the Miami Beach City Code, which allows the City to purchase commodities, materials, supplies or other items on a continuing basis from Metropolitan Dade County or state or federal general services administration bid list. Accordingly, the term ofthe proposed contract will begin on January 1,2001 and expire on August 31,2001, to coincide with the expiration date of the Miami-Dade County contract with the Salvation Army, Once admitted to the Salvation Army shelter, homeless persons identified by the Police Department and referred by Douglas Gardens Community Mental Health Center will have access to the Continuum of Care system for Miami-Dade County, of which the City of Miami Beach is a part. The Continuum of Care system includes supportive services such as job training, medical assistance, and access to transitional housing, among others, The Administration believes that continuation of the Homeless Assistance Project of the Committee on the Homeless for the City of Miami Beach will benefit the homeless within the community, as well as the community at large, The Administration further believes that this is a vital step in the continuation of its Continuum of Care plan for the benefit of the citizens of Miami Beach, The Homeless Assistance Pilot Project includes components such as emergency shelter beds, outreach activities, transportation, and other support services as may be needed, This project will be administered by the Homeless Outreach Coordinator authorized by the City Commission on November 29, 2000 under the direction of the Community/Economic Development Department and the Miami Beach Police Department. The Administration requests that the Mayor and City Commission endorse this program, and authorize the issuance of the associated contract. JMG/C~~C]1llr f:\DDHP\SALL\L YSSETIE\HOMELESS\CONTRACliSalvation Anny 2 Com Memo.doc AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE SALVATION ARMY,A GEORGIA CORPORATION THIS AGREEMENT entered into as of this ~ day of D~ B t:fL, ~ by and between the CITY OF MIAMI BEACH, FLORIDA ("City"), which term shall include its officials, successors, legal representatives, and assigns, and THE SALVATION ARMY, A GEORGIA CORPORATION ("Provider"). SECTION 1 DEFINITIONS Agreement: This written Agreement between the City and the Provider. City Manager: "City Manager" means the Chief Administrative officer of the City. Provider: For the purposes of this Agreement, Provider shall be deemed to be an independent contractor, and not an agent or employee of the City. Final Acceptance: "Final Acceptance" means notice from the City to the Provider that the Provider's Services are complete as provided in Section 4.~ of this Agreement, Fixed Fee: Fixed amount paid to the Provider to allow for its costs and margin of profit. Project: A program that results from the Scope of Work and Services, Project Coordinator: An individual designated by the City to coordinate, direct and review on behalf of the City all technical matters involved in the Scope of Work and Services. Project Manager: An individual designated by the Provider to be fully responsible for the day- to-day activities under this Agreement, and who shall serve as the primary contact for the City's Project Coordinator, Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139. Services: All services, work and actions by the Provider performed pursuant to or undertaken under this Agreement described in Section 2. Termination: Termination of Provider Services as provided III Section 4.9 of this Agreement. Task: A discrete portion of the Scope of Services to be accomplished by the Provider, as described in Section 2 below, if directed and authorized, SECTION 2 SCOPE OF WORK AND SERVICES REOUlRED (SERVICES) The scope of work for this Project to be performed by the Provider is set forth in Exhibit "A," entitled "Scope of Services". SECTION 3 COMPENSATION 3.1 FIXED FEE - . For the term of this Agreement, the City agrees to pay funds allocated to Provider equal to $15 per bed/night, not to exceed a total of One Hundred and Ten Thousand and 00/100 dollars ($110,000.00), to be used in furtherance of the Services to be performed herein, such Services as set forth in Exhibit "A" hereto. 3.2 METHOD OF PAYMENT Payment of the funds set forth in Section 3.1 shall commence at the time of execution of this Agreement. Provider shall be required to submit monthly invoices reflecting nwnber of beds contracted, times per diem of $15/night guaranteed rate, to include submission of monthly billing reports, as reflected in Exhibit "B," SECTION 4 GENERAL PROVISIONS 4.1 RESPONSIBILITY OF THE PROVIDER With respect to the performance of the Services, the Provider shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable Services, In its performance of the Services, the Provider shall comply with all applicable laws and ordinances, including but not limited to applicable regulations of the City, County, State, Federal Government, ADA, EEO Regulations and Guidelines. . 4.2 PUBLIC ENTITY CRIMES State of Florida Form PUR 7068, Sworn Statement under Section 287,133(3)(a) Florida Statute on Public Entity Crimes, as available. with the Office of the City Clerk, shall be filed by Provider. Form provided as Exhibit "C," 4.3 PROJECT MANAGEMENT The Provider shall appoint a qualified individual acceptable to the City to serve as Project Manager for the Services who shall be fully responsible for the day-to-day activities under this Agreement and who shall serve as the primary contact for the City's Project Coordinator. Ms, Carol 1. Davis, MSW, shall be designated as the Project Manager by Provider. 4.4 DURATION AND EXTENT OF AGREEMENT The term of this Agreement shall be for a period of nine (9) months, commencing on January 1,2001, and ending.,on August 31, 2001, Any future term of this Agreement following the term set forth herein, shall be subject to prior written approval of the City, which approval shall be at the City's sole discretion. The City's future funding for any additional term(s) shall also be contingent upon a favorable evaluation of the Salvation Army by the City and the Miami-Dade County Homeless Trust. Notwithstanding the aforestated language, however, the City shall have no future obligation to renew this Agreement beyond the term set forth herein. 4.5 TIME OF COMPLETION The Services to be rendered by the Provider shall be commenced upon receipt of a written Notice to Proceed from the City, subsequent to the execution of this Agreement, and Provider shall adhere to the completion schedule, as shall be mutually determined by the City and Provider, but in no event shall said schedule exceed the term of this Agreement, as set forth above, unless as provided below, A reasonable extension of time shall be granted in the event the work of the Provider is delayed or prevented by the City or by any circumstances beyond the reasonable control of the Provider, including weather conditions or acts of God which render performance of the Provider's duties impracticable. 4.6 NOTICE TO PROCEED Unless otherwise directed by the City, the Provider shall proceed with the work only upon issuance of a Notice to Proceed by the City. < 4.7 OWNERSHIP OF DOCUMENTS AND EQUIPMENT All documents prepared by the Provider pursuant to this Agreement are related exclusively to the Services described herein, and are intended or represented for ownership by the City, Any reuse shall be approved by the City. 4.8 INDEMNIFICA nON Provider agrees to indemnifY and hold harmless, the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Provider, its employees, agents, sub-Providers, or any other person or entity acting under Provider's control, in connection with the Provider's performance of the Services pursuant to this Agreement; and to that extent, the Provider shall pay all such claims and losses and shall pay all such costs and judgements which may issue from any 1aws..lIit arising from such claims and 19sses, and shall pay all costs and attorneys fees expended by the City in the defense of such claims and losses, including appeals, The parties agree that one percent (1 %) of the total Compensation to the Provider for performance of this Agreement is the specific consideration from the City to the Provider for the Provider's Indemnity Agreement. The Provider's obligation under this subsection shall not include the obligation to. iadenmify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents, The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.9 INSURANCE REQUIREMENTS The Provider shall not commence any work pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. The Provider shall maintain and carry in full force during the term of this Agreement and throughout the duration of this project the following insurance: I. Provider's Professional L~iti'aiPo\he amount of $300,000,00. A certified copy of the~ Provider's (and any sub-Providers') Insurance.1.6Il~ must be filed and approved by the Risk "l Manager prior to commencement, ~ Workers Compensation & Employers Liability as required pursuant to Florida statute. 2. , o. Thirty (30) days written notice of cancellation or substantial modification in the insurance coverage must be given to the City's Risk Manager by the Provider and his insurance company, . 4, The insurance must be furnished by insurance companies authorized to do business in the State of Florida and approved by the City's Risk Manager. 5. Original certificates of insurance for the above coverage must be submitted to the City's Risk Manager for approval prior to any work commencing, These certificates will be kept on file in the office of the Risk Manager, 3rd Floor, City Hall. 6. The Provider is responsible for obtaining and submitting all insurance certificates for their Providers, All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. Complianc~with the foregoing requirements .shall not relieve the Provider of the liabilities ~ and obligations under this Section or under any other portion of this Agreement, and the City shall ~ have the right to obtain from the Provider specimen copies of H)e inswmtc.t JilbfJt.ielr ift th ~a!lt that SoUbm/1t<Xl' certificates of insurance.ilW jf!adequate to ascertain compliance with required overage. 4.9.1 Endorsements All of Provider's certificates, above, shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy, 4.9.2 Certificates Unless directed by the City otherwise, the Provider shall not commence any services pursuant to this Agreement until the City has received and approved, in writing, certificates of insurance showing that the requirements of this Section (in its entirety) have been met and provided for. 4.10 TERMINATION, SUSPENSION AND SANCTIONS 4.10.1 Termination for Cause If through any cause within the reasonable control of the Provider, the Provider shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have the right to terminate the Services then remaining to be performed. Prior to exercising its option to terminate for cause, the City shall notifY the Provider of its violation of the particular terms of this Agreement and shall grant Provider ten . (10) days to cure such default. If such default remains uncured after ten (10) days, the City, upon three- (3) days' notice to Provider, may terminate this Agreement. In that event, all finished and unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports and other work products prepared by the Provider and its subcontractors shall be properly delivered to the City and the City shall compensate the Provider in accordance with Section 3 for all Services performed by the Provider prior to Termination. Notwithstanding the above, the Provider shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Provider and the City may reasonably withhold payments to the Provider for the purposes of set off until such time as the exact amount of damages due the City from the Provider is determined. 4.10.2 Termination for Convenience of City Notwithstanding subsection 4.10.1 above, the City may, for its convenience, and without cause, terminate the_ Services then remaining to be p~rformed at any time by giving written notice to Provider of such termination, which shall become effective seven (7) days following receipt by Provider of the written termination notice. In that event, all finished or unfinished documents and other materials as described in Section 2 shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this Section, the City shall compensate the Provider for all Services actually performed by the Provider and reasonable direct costs of Provider for assembling and delivering to City all documents, Such payments shall be the total extent of the City's liability to the Provider upon a Termination as provided for in this Section. 4.10.3 Termination for Insolvencv The City also reserves the right to terminate the remaining Services to be performed in the event the Provider is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 4.1 0.2, 4,10.4 SanctionsJQr_N()nc_oJ!lIlIian.cewith Nondiscrimination Provisions In the event of the Provider's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such Sanctions as the City or the State of Florida may determine to be appropriate, including but not limited to withholding of payments to the Provider under the Agreement until the Provider complies and/or cancellation, termination or suspension of the Services, in whole or in part. In the event the City cancels or terminates the Services pursuant to this Section the rights and obligations of the parties shall be the same as provided in Section 4,10.2. 4.10.5 Chane:es and Additions Each such change/addition shall be directed by a written Notice signed by the duly authorized representatives of the Provider, Said Notices shall provide an equitable adjustment in the time of performance, a reallocation of the task budget and, if applicable, any provision of this Agreement which is affected by said Notice. The City shall not reimburse the Provider for the cost of preparing Agreement change documents, written Notices to Proceed, or other documentation in this regard. 4.11 ASSIGNMENT. TRANSFER OR SUBCONTRACTING The Provider shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the City, which consent, if given, shall be at the sole and absolute discretion of the City. 4.12 SUB-PROVIDERS - . The Provider shall be liable for the Provider's services, responsibilities and liabilities under this Agreement and the services, responsibilities and liabilities of Sub-Providers, and any other person or entity acting under the direction or control of the Provider. When the term "Provider" is used in this Agreement, it shall be deemed to include any sub-Providers and any other person or entity acting under the direction or control of Provider. All sub-Providers must be approved in writing by the City prior to their engagement by Provider. A Sub-Contractor/Supplier listing will be attached hereto as Exhibit D. 4.13 EOUAL EMPLOYMENT OPPORTUNITY/ADA NON-DISCRIMINATION POLICY In connection with the performance of this Agreement, the Provider shall not discriminate against any employee or applicant for employment because ofrace, color, religion, ancestry, sex, age, national origin, place of birth, marital status, or physical handicap. The Provider shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, or disability. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship, Provider agrees to adhere to and be governed by all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction, . The Americans with ~isabilities Act of 1990 (ADA): Pub, L. 101-336, 104 Stat 327, 42 U.S,C, 12101-12213 and 547 U.S.C, Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. The Rehabilitation Act of 1973: 29 U,S.C. Section 794, The Federal Transit Act, as amended: 49 U.S,c. Section 1612. The Fair Housing Act as amended: 42 U,S.C, Section 3601-3631. Provider must complete and submit the City's Disability Non-Discrimination Affidavit (Affidavit), In the event Provider fails to execute the City's Affidavit, or is found to be in non- compliance with the provisions of the Affidavit, the City may impose such sanctions as it may determine to be appropriate, including but not limited to, withholding of payments to Provider under the Agreement untilJ::ompliance and/or cancellation, termination or suspension of the Agreement in whole or in part. In the event, the City cancels or terminates the Agreement pursuant to this Section, Provider shall not be relieved of liability to the City for damages sustained by the City by virtue of Provider's breach of the Agreement. The City's Disability Non-~iscrimination Affidavit is attached hereto as Exhibit "E." 4.14 CONFLICT OF INTEREST The Provider agrees to adhere to and be governed by the Metropolitan Dade County Conflict ofInterest Ordinance (No. 72-82), as amended; and by the City of Miami Beach Charter and Code, which are incorporated by reference herein as if fully set forth herein, in connection with the contract conditions hereunder as Exhibit "F." The Provider covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which shoutd conflict in any manner or degree with the performance of the Services. The Provider further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Provider. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 4.15 PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, design specifications, processes, data and findings, shall be made available to the City for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the Provider or its employees or subcontractors. . 4.16 NOTICES All communications relating to the day-to-day activities shall be exchanged between the Project Manager appointed by Provider and the Project Coordinator designated by the City, The Provider's Project Manager and the City's Project Coordinator shall be designated promptly upon commencement of the Services, All other notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Provider and the City listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch), Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO PROVIDER: The Salvation Army Attn: Ms. Carol L. Dayis, MSW Director of Social Services Miami Metropolitan Area Command 1907 N,W. 38th Street Miami, Florida 33135-0370 (305) 637-6721 (voice) (305) 635-1123 (facsimile) TO CITY: City of Miami Beach Police Department Attn: Capt. Casey Conwell 1100 Washington Avenue Miami Beach, FL 33139 (305) 673-7776 Extension 5320 (voice) (305) 673-7867 (facsimile) WITH COPIES TO: Office of the City Attorney Attn: Murray H, Dubbin, City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 (305) 673-7470 . Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.17 LITIGATION JURISDICTION Any litigation between the parties, arising of, or in connection with this Agreement, shall be initiated in the court system of the State of Florida, ENTIRETY OF AGREEMENT 4.18 This writing and the Scope of Services embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superseded hereby. The Scope of Services is...hereby incorporated by referen.ce into this Agreement to the extent that the terms and conditions contained in the Scope of Services are consistent with the Agreement. To the extent that any term in the Scope of Services is inconsistent with this Agreement, this Agreement shall prevail. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the City Commission of the City of Miami Beach, This Agreement shall be governed by and construed according to the laws of the State of Florida. 4.19 LIMIT A TION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Provider hereby expresses its willingness to enter into this Agreement with Provider's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$IO,OOO less the amount of all funds actually paid by the City to Provider pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement, Provider hereby agrees that the City shall not be liable to the Provider for damages in an amount in excess of $10,000 which amount shall be reduced by the amount actually paid by the City to Provider pursuant to this Agreement, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes. . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above, FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATIEST: City Clerk ~A Mayor TH~ALVATION ARMY ~r,>n~G'ACORPORATION By: ~o ?eu-cL By: FOR PROVIDER: ATTEST: ~~ Secretary DAVID . MOTHERSHE ASSISTANT TREASURER \lIIIPW .... lllIOlfR Corporate Seal: APPROVED /4S TO fORM & LANGUAGe & FOR EXECUTION 1t~~/if P;:;-d F:\DDlll'\SALLIL YSSETTE\IlOMELESSICONTRAC1\SoIvalion Army 2.doc . EXHIBIT A "SCOPE OF SERVICES" Emergency Shelter and Case ManagementServices for Miami Beach Clients The Provider agrees to provide at least 30 guaranteed emergency care beds per day (for males and for females and/or families, with flexibility regarding the types of beds to be provided, depending on the type of bed needed daily) to homeless individuals and families referred exclusively by the City of Miami Beach Police Department to the Provider, under the same tenns and conditions as specified in the Provider's contract with Miami-Dade County. This reservation of beds is in addition to the Provider's current arrangement with the Miami-Dade County Homeless Trust. Emergency care beds include, but are not limited to: 1. Emergency housing (limited to three (3) days stay per client) unless expressly agreed to otherwise by the City and the Provider; 2, At least two pt;'pared meals daily; 3. Bilingual case management (minimum of English and Spanish), infonnation and referral to ancillary services; independent living skills preparation; as outlined in the Miami-Dade County Continuum of Care; 4. On-site supervision; 5. Client transportation, when necessary; 6. Health, substance abuse, mental health screening and treatment, and referrals, as appropriate; 7. Advocacy role to assist client in receiving entitlements (such as SSI, VA, TANF, Medicaid, and/or other entitlements); 8. Referral to educational and vocational services, as appropriate; 9, Referral to appropriate housing and follow-up; 10. Testing for tuberculosis within seventy-two (72) hours of admittance to shelter; II. Clean clothing and hygiene products; 12. Referrals for beds under this agreement will be available exclusively to individuals and families escorted by the City Police Department; 13. Access to the facility by City police officers (or representatives) 24 hours a day, 7 days a week; 14. Daily notification of availability of beds under this agreement will be done Monday through Friday, 24 hours a day, and by telephone access all other times, . EXHIBIT B I. NARRATIVE REPORT Month of: Agency Submitting Report: Date Report Submitted: Report Compiled by: CLIENT INFORMATION: Number of Referrals this service month: Number of Referrals year-to-date: Number of Placements this service month: Number of Empty beds this service month: Number of Empty bed days this service month: Outplacement: Voluntary withdrawn: Unable to locate/ A WOL: Transfem:d to other Primary Care Provider: Terminated for failure to comply: Moved to permanent housing/own housing: Family reunification: Institutionalized (jail/hospital) Number of clients obtaining employment: Number of clients participating in vocational training: Number of clients participating in educational programs: Number of clients accessing: AFDC: SSI: VA: Food Stamps: Other: Number of referrals to: NS: AuroraCare: Camillus Health Concern: Miami Supportive Housing Corp.: PROGRAM INFORMATION: Are clients appropriate for your program?: YES NO Ifno, please explain, including examples and client names: Problems or Concerns?: , < AGENCY INFORMATION: , ..~ Number of staff this Month: Filled: Vacant: Problems or Concerns?: Executive Director Signature: Date: - . ;: ~ J = ~--- ~ - " r-- ~ '= '-< = <' '= c;: G r. ~ ;; ~ ~ CQ - ~ ~ r- x r- ~ - ~ 2 := - C":) ::c := m ""tl 0 ::c -I ~ ~ , , \ ~ ~ :;; c '" c ~ C 0 coo c ~ 2: . EXHIBIT C SWORN ST,';7EMENT UNOE~ Si:CilON 287 133i3)(a: FLOR!OA STATUTES. ON PUSUC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS 1 ThiS sworn statement IS submitted to bv [pnnt name of pUblic entity] [pnnt Ind!Vldual's name ana title: for [print name of entIty submitting sworn statement] whcsc ~L:Sli1eSS ac:.:::~ess 's and (If appilcab!e.: jiS reoera: c:T',oioyer Iden,17i..:a,JOn NumDer {'=::INi IS (If the entiIY has ,1C t=':::: I l'\i. Incluce tne Sociai Sec:Jriry Numoer of the Indlvloual Signing thIS sworn statement: ) 2.1 understand that a "public entity Crime" as defined In Paragraph 287 133(1)(g), Florida Statutes. means a violation of any state or federal law by a person with respect to ar1c directly related to the transaction of bUSiness WIth any business with any public entity or with an agency or politIcal subdivIsion of any other state or of the United States. including. but not limited to. any bie or contract for goods or services to be provided to aflY publiC entity or an agency or political subdiviSIon of any other state or of the Unlted States and involving antitrust. fraud theft, bribery, collusion. racketeenng, conspiracy. or material misrepresentation. 3.1 understand that "convicted" or "conviction" as defined in Paragraph 287 133(1)(b). Florida Statutes. means a finding of guilt or a conviction of a public entity cnme. with or WIthout an adjudicatIon of guilt. in any federal or state trial court of record relating to charges brought by Indictment or Information after July 1. 1989. as a result of a Jury verdICt. nonjury trial. or er.;:ry of a plea of guilty or nolc conrendere. 4 I understand that an "affiliate" as defined In Paragraph 287133 (1 )(a), Flonda Statutes. means A predecessor or successor of a person convicted of a public entity crime: or 2 An entity under the control of any natural person who is ac~ive in the management of the entity and whO has oeen convicted of a pUblic entity crime. The term "affiliate" ~ncludE::: :,1058 officers. direCtors, executives. panners. shareholders, employees. members. and agents who are active in the management of an affiliate, The ownership by one person of shares constitutIng a cali trolling Interest in another person. or a pooling of equip men;: or income among persons when not for fair market value under an arm's length agreement. shall be a prima facie case that one person controls another person. A person WhO knowingly enters into a joint venture with a person whO has been convicted of a public entity crime In Florida dUring the preceding 36 months shall be considered an affiliate PC046 046 . '. 5. I understand that a "person" as defined In Paragraph 2B7.133(1)(eJ, Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entIty or which otherwise transacts or aoplies to transact business with a public entity. The term "person" includes those officers. directors. executives. partners. shareholders. employees. members. and agents who are active in management of an entIty 6. Based on information and belief. the statement which I have marked below is true In relation to the entity submitting this sworn statement [indicate which statement applies.j , Neither the entIty submitting this sworn .statement, n'or any officers, directors, executives. partners. shareholders. employees. members, or agents who are active in the management of the entity. nor any affiliate of I . (ne entity nas been charged WIth anc cor:vlcted of a pubhc ann!\( ::~;r:1e subsequenl to JUlY ~ ~ 989 The entity submittIng this sworn statement. or one or more of Its officers, directors. executives partners sharenolders, employees, members or agents who are active In management of the entity. or an affiilate of (ne entity has been charged with and convicted of a pubhe entity C~ime Subsequent (0 July ~, 1985 The entity submItting this sworn statement, or one or more of Its officers. dlrecrors, executIves partners shareholders. employees. members. or agents whO. are active in the management of the entity. or an affiliate of the entIty has been charged WIth and convicted C7 a pubhc entity Crime subsequent IC July 1 1989 ~owever' there has been a subsequent proc€<;?clng Defore a ~eaflr"\g ':-"7::::' ,:' .r.~ State 8: :::IC~::2 DI'V!$ion o~ Admlnlstrat!ve Hearings and the Flnai Or::Jer e!1tered bv the hear!nc ')t7lcer aeter:il1neC ;nal I; was ~c; 'n ;;-,e JuDII':: Inlerest [Q place the entity submitting this sworn statement on the ~onvlcted vendor list. [anaC:1 d cooy of the final orderj I UNDERS~AND THAT T'-'E SUBMISSION OF THIS FORM ~G THE CONTRACTING OFFICE" rOR ~HE pueuc ENTITY IDENTIFIED IN PARA,GRAPH ~ (ONE) ,~BC"/= IS ;OR THAT PIJ8UC ENTITY ONLY AND. THAT THIS FORM IS VALID THROUGH DECEMBE" 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED I ALSO UNDERSTAND THA T I AM REQUIRED TO INFORM T,.,E PUBLIC ENTITY PRIOR TO cNTE"ING INT'O A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017. FLORIDA STATUTES FOR CAT!:GOR T 0 OF ANY C'-'ANGE IN THE INFORMATION COWAINED IN THIS FORM ASSISTANT TREASURER Sworn to and subscribed before me thiS ILt day of ~6 ,20~ Personally known GEORGIA OR Produced identification Notary Public. State of My commission expires (Type of Identification) Notary PubRe. Fulton County, GeorgIa My Commission Elcplres March 9, 2003 AlETAA. WYCHE . '., 2 . EXHIBIT D SlJB-CONTRACTOR/SlJPPUFR U<;TING NAME OF PRIME CONTRACTOR/RESPONDENT PROJECT NAME Business Name and Address of Principal Owner Scope of Work to be (Principal Owner) First Tier Subcontractor/ Performed by Subcontractori Subconsultant Subconsuhant Gender Race - - -- Business Name and Address of Principal Owner Supplies/Materials/Services to (Principal Owner) Direct Supplier be Provided by Supplier Gender Race . , [ certify that the representations contained in this Subcontractor/Supplier Listing are to the best of my knowledge true and accurate. . EXHIBIT E ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINA nON AFFIDAVIT CONTRACT REFERENCE Fiscal Year 2000/2001 NAME OF FIRlVI, CORPORATION, OR ORGANIZA nON The Salvation Army, A Georgia Corporation AUTHORIZED AGENT COMPLETING AFFIDAVIT ASSISTANT TREASURER DAVID R. M01HERSHED PHONE NUMBER ( t~041728.1300 POSITION I, DAVID R. MOTHERSHED . being duly first sworn state: That the above named form, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services. transportation. communications, access to facilities. renovations, and new construction. The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 USe. 12101-122 \3 and 547 USC. Sections 225 and 611 including Title [, Employment; Tittle II. Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. The Rehabilitation Act of 1973: 29 USe. Section 794. The Federal Transit Act, as amended: 49 U.S.e. Section 1612. The Fair Housing Act as amended: 42 USe. Section 360 MAY I 4 2lllI MAY 14 2IJllI Date SUBSCRIBED AND SWORN TO (or affirmed) before me on (Date) by has DAWl R.1lOIllERSltED He/She is personally Ienown to me or (Affiant) presented identification. as (Type of identification) . W.+a. CL UJIJ\A' Q., (Signature of Notary) D- - AlETAA. WYCHE (Print or Stamp Name of Notary) , (Serial Number) Notary Public, Fulton County, GeorgIa Uy Commission Explr9$ MllIQl1 9, 2003 (Expiration Date) Notary Public GEORGIA (State) NO!ary Seal The City of Miami Beach will nOl award a contract to any firm, corporation or organization that fails to complete and submit this Affidavit with the firm, corporation or organization's bid or proposal or fails to have this Affidavit on file with the City of Miami Beach. Page I of 1 < RESOLUTION NO. 2000-24128 A RESOLUfION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING FISCAL YEAR (FY) 2000-2001 BUDGETS FOR SPECIAL REVENUE FUNDS FOR RESORT TAX; LOG CABIN TRAL'UNG CENTER OPERA nONS; BASS MUSEUM OF ART; PARKS AND RECREATION; HOMELESS PROGRAM; MIAMI BEACH ORCHID SHOW; AND FESTIVAL OF THE ARTS. WHEREAS, expenses related to tourism, monitoring and auditing payment and receipt of Resort Taxes to the City will be paid by the Resort Tax Fund; and WHEREAS, support is received from private donations at the Log Cabin Training Center for deveropmentally disabled clients; and . WHEREAS, a State Major Institution Grant received by the Bass Museum of Art from the State of Rorida Division of Cultur<ll Affairs will be used for general operating purposes of the Museum; and WHEREAS, cenain recreational programs and activities not funded in the City's general operating budget will be funded through various self-supporting user fee programs; and WHEREAS. a homeless initiative to provide for a job self-sufficiency program has been established; and WHEREAS, the Miami Beach Orchid Show is co-produced by the City of Miami Beach Parks and Recreation Department and the Miami Beach Garden Conservancy in order to increase community awareness for the Miami Beach Botanical Garden and to promote the individual ownership/proper care of orchids; and WHEREAS, the annual Festi val of the Arts event will be funded through various entry fees. donations. and grants. . NOW THEREFORE, BE IT DULY RFSOL VED BY TIIE MAYOR AND CITY, COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby adopts the FY 2000-2001 budgets for Special Revenue Funds as listed below: " SPECIAL REVENUFJ APPROPRlA TIONS FUNDI DEPT FY 2000.2001 BUDGET RESORT TAX Resort Tax Fund 160.Various $25,845,000 LOG CABIN TRAINING CE!\l'ER Operations 114.6410 $35.000 BASS MUSEUM-S1:A TE MAJOR INSTITUTION Slate Major Institution 148.6153 $74,596 - RECREATION Playgrounds 610.6400 $170.000 Ice Skating Instruction 610,6430 110.000 Youth Center Classes 610,6431 40.000 Gymnastics 610.6432 12,000 Youth Center Operations 610,6433 15,000 Summer Camp - Youth 610.6434 70,000 Skate/Shoe Rental 610,6435 35.000 Cultural Affairs 610.6440 20.000 Acorns Civic Theater 610,6441 12,000 NS/M, M. Swett Social Club 610.6451 3,000 Tennis Tournaments 610,6452 5.000 Recreation Classes 610.6453 20.000 Adult Athletics 610.6454 40.000 South Pointe Park 610,6491 35.000 21st Street Recreation Center 610.6492 85,000 Recreation Special Events 610.6499 1.000 Total Fund 610 $673,000 . '. HOMELESS PROGRAM Operations 199,6521 $50.000 MIAMI BEACH ORCHID SHOW 185,65.11 $12.000 Miami Beach Orchid Show . SPECIAL REVENUE! APPROPRlA TIONS FUNDI DEPT FY 2000-2001 BUDGET FESTIVAL OF THE ARTS Festi val of the Arts 199.6420 $130,000 Total All Funds $26.819.596 PASSED AND ADOPTED this...lath day of October 2000. ATIESTBY: CITY CLERK 'R MAYOR FUNDING APPRO\'ED APPROVED AS 10 FORM & LANGUAGE & FOR EXECUTION 1tt.v~ ~ , \ . CITY OF MIAMI BEACH cny HAlL 1700 CONV'ENllON CENTER DRIVE MIAMI BEACH. FlORIDA 33139 http:\~.miami-beac::h.n.u. - q ~-va COMMISSION MEMORANDUM NO. I TO: Mayor Neisen O. Kasdin Bnd Members of the City Commission DATE: October 18, 2000 FROM: 6~ A RESOLUTION OF THE MAYOR Al'<\) CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING FISCAL YEAR (FY) '!"OO.2001 BVlJGl"~'3 FOR SPECL'l R.E"~Ntrs F"JNDS F0R RESORT TAX; LOG CABIN TRAINING CENTER OPERATIONS; BASS MUSEUM OF ART; PARKS AND RECREATION; HOMELESS PROGRAM; MlA/l-U ~~ACH ORCHID SHOW; A~ FESTIV AL OF THE ARTS. Jorge M. Gonzalez City Manager SUBJECT: ADMINISTRATION RECOl\1MENDATION Adopt the Resolution. ANALYSIS The City currently offers certain programs and activities not supported through the general operating budget, but by outside agency grants, self-supporting user fee programs and private donations. Funding from these sources will be utilized as follows: Resort Tax . 525,845,000 This fund accounts for the collection of the special tax levied citywide on food, beverage and room rents used to support tourism related activities, This function, which operates under the direction of the Finance Department and the Office of Internal Audit, is responsible for ensuring "- that hotels, restaurants, bars and other establishments which serve food and beverages for consumption on its premises, comply with Article V of the City Code as it relates to the reporting, and collection of resort taxes to the City. , < An allocation for .operations" provides for all collection and audit expenses associated wit!t administering the Resort Tax function and are charged directly to this Special Revenue Fund, \ Included in this allocation is funding for seven (7) positions and associated operating suppon totaling $885,188. Please see Attachment" A" for the revenue and expenditure budget. AGENDAlTEM R...iE DATE IO-If5-0a . Special Revenue Funds. FY 2000-2001 Page 2 October 18, 2000 The allocation to the General Fund for Fiscal Year 2()()()..2001 totaling $11.6 million pays for tourist related services and costs provided or managed by General Fund Departments. This funding suppOrts approximately $8.6 million of public safety programs including OUI beach patrol; police services on Lincoln Road, Ocean DriveJLummus Park, Collins Avenue, Washington Avenue, ATV officers, Boardwalk security, special traffic enfor;:ement, and spc;:ial event staffing; and ftre rescue units in tourist and visitor areas as well as special event support services. Approximately $1.6 million is used to provide enhanced cleaning, landscape and other maintenance in the Lincoln Road, Ocean DrivelLummus Park, Collins Avenue, Washington Avenue as well as for tourist and visitor areas in Middle and North Beach. This funding also supports code compliance services to respond to evening entertainment areas and for speclal events. An additional $1.4 million provides for a portion of the Opcr3.tional costs of the Bass Museum, the Arts Culture and Entertainment Department and a contribution to the Cultural Arts Council beyond their annual interest allocation from the invesonent of City funds. Other changes in the Fiscal Year 2000-2001 budget include an incentive payment of $312,000 for the GMCVB in accordance with the provisions of their contract with the City, and an allocation of $255,000 for special events such as the fourth of July, the annual Festival of the Arts and New Year's Eve and protocol materials and expenses. An additional $200,000 has been included for the Cultural Arts Councii primarily for the expansion of grant programs to community arts groups. Last year 64 applications for cultural programming were received requesting $1,183,650 and due to funding limitations the Council was only able to fund 60 grants totaling $758.000. This included funding of $50.000 to the Miami Beach Visitor and Convention Authority (VCA) and to the Miami-Dade Department of Cultural Affairs as matching funds for cultural projects, programs and events specifically designated to bring tourists to Miami Beach, These additional funds will insure that additional cultural prognunming will be available to Miami Beach residents and visitors during Fiscal Year 2001. Other new funding provided in this budget includes $58,000 to support anti-gang youth programs by the Police Athletic League and $27,000 for the maintenance of public monuments throughout t)le community. Log Cabin Training Center - $35,000 Proceeds from private donations support the Log Cabin Training Center for developmentally disabled clients by providi:1g cp~;-ating m~t~::cls 3..r"l::i s:..:pplies, in a:iditior'L to anr.ual alloco.~icns received from the State Depamnent of Children and Family Services and the Federal Community Development Block Grant programs. . Special Revenue Funds - FY 2000-2001 Page 3 October 18, 2000 Bass Museum. State Major InstitutioD Grant. $74,596 This is an award by the State of Florida Division of Cultural Affairs providing operating support. Recreation . $673,000 R=ational programs and activities funded through special revenues and self-supporting user fees are listed below. PROGRAM/ACTIVITY Playgrounds lee Skating !!!struction Youth Center Classes Gymnastics Youth Center Operations Summer Camp - Youth Skate/Shoe Rental Cultural Affairs Acorns Ci vic Theater NSIM. M, Swett Social Club Tennis Tournaments Recreation Classes Adult Athletics South Pointe Park 21st Street Recreation Center Special Events FUNDING 610.6400 610,6430 610,6431 610.6432 610.6433 610.6434 610.6435 610.6440 610,6441 610.6451 610.6452 610.6453 610,6454 610.6491 610.6492 610,6499 Total $170.000 110,000 40,000 12,000 15,000 70,000 35,000 20,000 12,000 3,000 5,000 20,000 40,000 35,000 85,000 1.000 $673,000 Homeless Program - $50,000 An allocation from Resort Tax will provide year six support for the Jewish V ocational Se~ices Job/Self-Sufficiency Program for street cleaning services. ", Miami Beach Orchid Show - $12,000 The Miami Beach Orchid Show is co-produced by the City of Miami Beach Parks and Recreation Department and the Miami Beach Garden Conservancy in order to increase community awareness for the Miami Beach Botanical Garden and to promote the individual ownership/proper care of orchids. The show is funded by gate admissions ($8,000) and the General Fund Parks Maintenance Division ($4,000). , Special Re'l'enue Funds. FY 2000-2001 Page 4 October 18, 2000 Festiul of the Arts - $130,000 The Festival of the Arts is funded by entry fees, donations and grants, This annual event was previously operated by the Parks and Recreation Department. CONCLUSION The attached Resolution adopting funding for FY 2000.2001 budgets ITom these sources is vital to the continuation of these projects and activities provided by the City, ~~ . , \ . ATTACHMENT "A" FY 2000-2001 Resort Tax Budget 2% 1% Total REVENUES Resort Tax $19,300,000 $4.100,000 $23,400.000 Special Assessment-Linc Rd & N Shore Projects 1.200,000 0 1,200,000 Repayment of loan from RDA 1,000,000 0 1,000,000 Interest and Registration fees 245,000 0 245,000 Total Revenues $21,745,000 $4,100.000 $25.845.000 EXPENDITURES VCA - (5% of 2% rev.) S926,400 0 S926,400 Debt Service Expenditure Resort Tax bonds 301,754 0 301.754 City Center bonds 0 2,050,000 2.050,000 Gulf Breeze - 800,000 0 800,000 Lincoln Road 600,000 0 600,000 North Shore 600,000 0 600,000 Total Debt Service 2,301,754 2,050,000 4,351,754 Resort Tax operations 885,188 0 885.188 other Expenditures/Commitments General Fund (1) 11,624,658 0 11,624,658 Contract with the GMCVB 5,312,000 0 5.312,000 Special Events and Protocol 255,000 0 255,000 Cultural Arts Council 200,000 0 200,000 Ziff Museum 65,000 0 65,000 Homeless Program 50,000 0 50,000 MB Latin Chamber of Comm 40,000 0 40,000 Police Athletic League Programs 58,000 0 58,000 Maintenance of Public Monuments 27,000 0 27.000 Quality of Life allocations: South Beach Services 0 683,333 683,333 Middle Beach Services 0 683,333 683,333 North Beach Services 0 683,334 683,334 Total Other Expenditures 17,631,658 2,050,000 19,681,658 . Total expenditures $21,745.000 $4,100,000 $25,845,000 , , Netlncomel(Loss) $0 $0 $0 (1) Tourist related expenditures paid from General Fund. . RESOLUTION No, 2000-24089 A RESOLUTION OF TIIE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING A.l'I(l) APPROPRIATING FUNDS FOR THE POLICE CONFISCATION TRUST FUND BUDGET FOR FISCAL YEAR 2000/01 IN THE AMOUNT OF $330,085, SAID BUDGET TO BE FUNDED FROM THE PROCEEDS OF STATE CONFISCATED FUNDS. WHEREAS, Section932.705, Florida Statutes, addresses the purposes and procedures to be utilized for the appropriation and expenditures of the Police Confiscation Trust Fund; and WHEREAS, me Chief of Police of the City of Miami Beach has determined that the need for the appropriation and expenditures exist, and the appropriation and expenditure of forfeiture funds is in compliance with Section 932.705, Florida Statutes and within Federal guidelines. NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby appropriate the funds for the Fiscal Year 2000/01 Police Confiscation Trust Fund Budget for the City of Miami Beach, in the amount of$330,085, as reflected in Exhibit "A", PASSED AND ADOPTED THIS 27th day of ,2000 Mayor Aw:1:f~ City Clerk Office of Budget APPROVED AS TO FOR."" & lANGUAGE & FOR EXECUTION '-.... . 11{it(~f~ c}-?-J-fft/ bale . AFFIDAVIT I, Richard Barreto, Chief of Police, Cicy of Miami Beach, do hereby certifY that the aforementioned proposed request for expenditures from the Cicy of Miami Beach Police Confiscation Trust Fund, for the 2000/01 fiscal year providing funds for expendirures as indicated in Exhibit "A" complies with the provisions of Section 932.704(3)(a), Florida Statutes and federal guidelines. '-- ,= \ .:. ~> ~, Richard Barreto Chief of Police ~,'Iia.rni Beach Police DepartInent 9- \5'oD~ Date . , , . POLlCE CONFISCATION TRUST FUND EXPENDITURES FISCAL YEAR 2000/01 BUDGET STATE FUNDS: COSTS CONNECTED WITH THE PROSECUTION Mil> PROCESSING OF FORFEITURE CASES :55,000 TRAINING AND SUBSCRIPTION FOR THE LEGAL UNIT PERTAINING TO CONFISCATIONS AND FORFEITURES SI.OOO ACCREDIT A TlON - To attend three (3) national conferences of the Commission on Accreditation of Law Enforcement Agencies (CALE.A,): three (3) Florida Commission on Accreditation meetings and fees for on-site Florida accreditation and miscellaneous expendirures related to the State accreditation process. $17,000 D. A. R E. TI1ecurriculum has changed for DARE, requiring the Department to purchase new and additional items in order to continue the program (including training for assigned officers) S10,000 CRThfE PREVENTION UNIT: To coordinate costs of community programs such as Neighborhood and Business Crimewatch, Police Community Relations Team, Citizens on Patrol, Security,Communications Assistance Network (SCAN) and the Citizens' Police Academy. There is no other funding for these programs $10,000 HOMELESS PILOT PROJECT To continue funding a provider contract for an on-call mobile outreach team to enable the Committee on Homeless to address the homeless situation in Miami Beach $60,000 . MOBILE COMPUTER WORKSTATION This work bench will be used to maintain and service the mobile laptops. This particular type of work bench is ergonomically advanced. This bench will supply power for diagnostic monitoring and testing. ""- \ $2,346 CROSS CUT SHREDDER WITH CABINET for the Criminal Investigations ~ivision S1,100 r . STRATEGIC PLANNING SESSION FOR MBPD STAFF COPS AND TEENS MENTORlNG PROGRAM This program is now in its fourth year of operation. The program matches Miami Beach Police officers with students from Miami Beach Senior High School. The program currently operates similar to an after school club. Police Officers foster a big brother/sister relationship with teens in the program. All the officers and students meet each Wednesday immediately after school for a group rap session. The topics for discussion concentrate on those social issues that derail teenagers from maturing into successful and productive individuals. In addition to the weekly rap sessions, officers are assigned specific students to monitor. This means they interact wi th the student's teachers and parents and are encouraged to speak or meet with the student outside the group environment The officer monitors the srudents grades and school progresoiO.d is part of any discipline meetIng involving the student at school. It is not uncommon for the officer to call the student in the evening to check on homework or where-abouts. ASSISTANCE TO TOURIST/VICTIMS OF CRIME This project will assist tourist/victims of crime during the hours/days after they have been victimized, funds will be used on "an as needed basis" for tourist victims, to cover transportation (cabs, airline ticket re-issuance), hoteVmote! rooms, food, clothing, medicine, etc. Each tourist/victim will be screened to determine if any other resources can be used. Tourist/ victims will be asked to pay back any funds they are furnished, ADDITIONAL FUNDING FOR TRAINING for the Police Department to supplement the Fiscal Vear 00/01 Budget Training Fund THE DADE COUNTY CHIEFS OF POLICE MEETING BANQUET - This meeting is a principal forum in Miami-Dade County for the discussion of matters of interest to the law enforcement community. All Chiefs and members of their staffs, who are members of the Dade County Chief of Police Association are invited, as well as a number of local dignitaries, 57,500 56,525 $3,500 $25,000 $7,000 . '\ . CREATION OF AN ENDOWMENT FOR THE MIAMI BEACH POLICE ATHLETIC LEAGUE This initial donation will serve as an incentive to the Board of PAL and the community to raise matching dollars to fund future operating expenses of the organization and support its dual mission of "filling playgrounds - not prisons, success through education. " S I 00,000 (4)PROLASER III RADAR GUNS with battery handle, charger, carrying case and two extra battery handles and charges, Lightweight, battery-operated. hand held accurately identifies target range and velocity. $16,000 VICTIMS' HELP CENTER - To maintain the center serving the victims of domestic v;('l~nce. The ce:1ter is located at 6988 Indian Creek Dr. and offers counseling, case management, walk-in complaints, liaison with patrol officers, projec~ to reach out to the community, and domestic violence awareness seminars, These fUnds will cover rent, janitorial service, security system, electricity, and miscellaneous expenses required to run the center. S18,000 JEWISH FAMILY SERVICES The center has provided a clerk for two years to help in the Auto Crimes Unit. This allows Police Officers and Sergeants to work the streets for three more hours every day. So far this year the person doing this job has input 6,000 cases in the Case Management System. This person also retrieves reports from the Records Unit for the members of the Auto Crimes Squad in addition to keeping t"ack oft.be alitc. ::"'~et: tr:::i;:s t.J. ~'e Ci~'. The de:!: was placed under the the Jewish Family Services Senior Program. This program only allows for a person to stay two years at the same place. To'train another clerk will take many hours from the Sergeant and Officers of this unit. The funding will provide for the part-time clerk for the upcoming year. l. $5,000 , , GRANT MATCH: VOCA (Victims of Crime Act-Domestic Violence) $8,875 LINCOLN ROAD COMMUNITY POLICING ENHANCEMENT PROGRAM providing two additional police officers on bicycles on Friday and Saturday nights ' $833 . BULLETPROOF VEST PARTNERSlDP PROGRAM Purchase of 125 bulletproof vests a year over the next three years. The U. S. Department of Justice will reimburse the city 50% of the purchase price. This amount corresponds to the second year of the program. $25,406 S~TOTALSTATEF~~S $330,085 GRAND TOTAL $330,085 EXHIBIT "A" ~ . , . CITY OF MIAMI BEACH CITY HALL17QO CONVENTION CEr-lTER DRIVE MIAMI BEACH. FLORIDA 33139 http:\\ci.miami-beach.ft.us COMMISSION MEMORANDUM NO,I \ '2:>-00 TO: Mayor Neisen 0, KJudiD and Members of the City Commission DATE: September 27. 2000 FROM: Jorge M. Gonzalez ~ ~/ City Manager ,yV" 6 A RESOLUTION 0 HE !\fA YOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING AND APPROPRIATNG FUNDS FOR TIlE POLICE CONFISCA nON TRUST FUND BUDGET FOR FISCAL YEAR 2000/01 IN THE AJ'\10UNT OF $330,085, SAID BUDGET TO BE FUI'.l)ED FROM THE PROCEEDS OF STATE CONFISCATED FUNDS, SUBJECf: ADMINISTRATION RECOMMENDA nON. Adopt the Resolution. ANALYSIS Florida Statute 932.705 provides for expenditures of forfeiture funds for law enforcemem purposes. The Chief of Police of the City of Miami Beach has reviewed and identified the need for the appropriation and has established that the expenditures of forfeiture funds is in compliance with Section 932.705, Florida State Statutes. These forfeiture funds have been deposited in the Police Confiscation Trust Fund, The City has complied with all statutory procedures involved in the transaction of these funds. The Administration requests authorization to adopt the operating budget for the Police Confiscation Trust Fund for Fiscal Year 2000/01 and to appropriate $330,085 from State Funds to provide for the the expenditures listed 1.I1 Exhibit "A". , JMG:k:ep ~ AGENDA ITEM C IE DATE ~ - 'L l::QJ 'C I T Y 0 F M I A M I BE A C H C1TY rtALL 1700 CONVENTlON CENTER DRIvE MiAMI BEACH. FLORIDA 3J139 httP:\'O.m*"kMl8Ch R.us COMMISSION MEMORANDUM NO. 870- 'tJ TO: Mayor Neisen O. Kasdin MeOlben oftbe City Commis.ion DATE: December l. 1999 FROM: Sergio Rodriguez City Manager SUBJECT: A RESOL ON OF THE MAYOR AND CITY COMMISSIO:-i OF THE CITY OF MIAMI BEACH, FLORIDA. APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE SALVATION ARMY FOR 561,594 TO PROVIDE EMERGENCY SHELTER TO THE CITY OF MIAMI BEACH'S HOMELESS POPULATION WITH F1JNDING FROM BOTH THE CITY OF MIAMI BEACH A.I\(D THE HOUSING AUfHORlTY OF THE CITY OF MIAMI BEACH. CONTINGENT UPON THE APPROY AL OF AN lNTERLOCAL AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF -.MIAMI BEACH AND AUTHORIZING THE APPROPRIATION OF CITY OF MIAMI BEACH FlJNDS IN THE AMOUNT OF 530,594 FOR THIS PURPOSE. ADMlNlSTRA nON RECOMMF.NDA nON Adopt the Resolution. ANALYSIS For the past year. the City's Committee on the Homeless has worked in the development of a pilot project to enhance the services provided by the City to address the needs of the homeless population. With the assistance of the Administration. committee members have identified homeless needs and evaluated strategies for addressing these. As part of this work.. the committee has worked with different orgaruzations within the community, to secure their support. In the past, the Housing Authoriry of the City of Miami Beach developed. with the City Commission's assistance. a plan that included outreach and permanent housing. The Housing Authoriry of the Ciry of Miami Beach has indicated to the Homeless Committee its willingness to explo~ further involvement with its activities. The Housing Authority of the City of Miami Beach should be further recognized for their continued commitment to the City's service needs. antt , COM1._.;SION MEMORANDUM DECEMBER I, 1999 PAGE 2 identified priorities. Service providers, such as Douglas Gardens Community Mental Health Center. have also participated in the development of the project. As a result of this work, the Committee has developed a pilot project under the auspices of the Miami Beach Police Department with the fo,lowing components: emergency shelter beds, mobile outreach and transportation. The budget of the pilot project is as follows: Homeless Assistance Pilot Project Additional 10-12 Shelter Beds Mobile Outreach and Transportation Total $ 61,594 40 000 $101,594 At its August 6, 1999 meeting, the Washington Avenue Task Force unanimously supported this plan as a first step in addressing this complex problem. The Miami Beach Police Department has committed to funding the mobilc outreach and transportation component at an estimated cost of $40.000. and it is recommended that the City fund $30,594 of the $61.594 needed for additional shelter beds. The Administration has requested a funding commitment for $31.000 from the Housing Authority of the City of Miami Beach at its Board meeting-6fNovember 16, 1999_ The Board enthusiastic:tJly endorsed the proposed Homeless Assistance Pilot Project, pending the approval of an Interlocal Agreement between the City of Miami Beach and the Housing Authority. Currently, the Homeless Trust of Miami-Dade County contracts shelter beds with the Salvation Army and currently reserves approximately one half of the contracted beds for Miami Beach homeless brought into the shelter by Douglas Gardens Community Health Center Outreach Team. Douglas Gardens is funded by both the Miami-Dade COtnlty Homeless Trust and the City of Miami Beach Emergency Shelter Grants Program as the City of Miami Beach's designated homeless outreach team. The Homeless Trust reservation of beds is not sufficient to address the homeless shelter needs for Miami Beach homeless. In addition to these emergency beds, Douglas Gardens pays for 5 guaranteed beds at the Salvation Army shelter with funds it receives from the City of Miami Beach Emergency Shelter Grants Program funds. As part of the proposed pilot program of the Homeless Committee of the City of Miami Beach, the City of Miami Beach needs a."1 additional number of emergency shelter beds to be reserved specifically for our use when the Police Department assists or transports homeless persons On the Beach. The Salvation Anny has agreed to provide these guaranteed emergency shelter beds at a rate of $15 per bed/day for 90 days, in addition to maintaining the current level of service, Once admitted to the sbelter, homeless persons identified by the Police Department will have access to the Continuum of Care system for Miami-Dade County, of which the City of Miami Beach is a part. Tilt Continuum ofC"-,,, system includes supportive services such as job training, medical assistaoce. and access to transitional housing, among others. , \ . Apr 11 01 10',03a 02/21/2001 ~~D 17:21 FAX 813 968 8304 SALVATION ARMY sac SVCS The Salvation Anny, a Georgia Corporalion 1424 N E. Expressway N.!':. Atlanta. Georgi3 30029 Rc: Contract # or Identifier: Contracting Agency: City of Miami Beach, Florida Curll..actTerm: 01/01/01 toOB/3I101 CFDA #. (if applicable) p.2 ~002l003 This i!ll to serve itS <1 'Wi1Iiver of the condilions, assurances. certjfic:ation.:t Ot rcqUlrCmCl1ts listed below. The waivers indicated arc not !tarurory requirements, embodied with published federal regulations., or required by executive orders as!lociated with the de!cribed proSfilm. The wAived items are agency expectations fOf contracted progT1lms, which 8rC administered by the indicntcd ngcncy. In some C&..'~5 other requiremenu ntl...c bc:ctllisLed in lieu of the agency requiremcnr waived. Section ('l. Requirement (s): The wBivCI indicated below applied partic:ularly and directly to only me contract document indicated above. ..9 Provider's Profcssional LiabiJity in lbe lUllount of S300,OOO.00. ^ cc:rlilied COpy ()f th~ Providel"s (and .ny sub-Providers') Insurance Policy must be filed and approved by the Risk Mana&er prior to commencement 4.9 .. the City shall have' the righttn hobtD.lo from the Provider specimen copies of the inswance policies 1[1 the event rhllt 'Jubmirred certificates of insurance an:= inadequate [0 ilSC;CJ't.1.in compli;mce with rcquiredo....tragc New requirement(s):: (iCg,pplieoblt) Provider's Profe~sionat Liability ill the amoullt ofS300,000.00. A certified copy of the Provider's (and any sub.Pro....ider$.) Certificate of Ins un nee must be m.d 4lld approved by me Risk Manager prior to commencement .. the City shall rccclvc copic::~ of the cenlficates of insurance adcquDte oscerto.in compliance with rt:lIuircd uverll.gc Apr II 01 10: 03a 02/21/2001 WED 17:24 FAX 813 988 8301 SALVATION ARMY SOC SVCS p.3 @0031003 This also cenities lhulbe signatory below is duly ftllrborlzed to extcnd lh;, waiver DS an official or representanve of the cOD01lctinlZ agent)' mentioned above. This waiver serva AS il(;Ccptancc gfthe abovc.menlioned items being delefed. tu..lju,lt'd, st:lllck over or reworded by The Salvation Army, 8 Georgia c:orponltion within orlginal conlract document. Signed this day of 20_,ror: City of Miami Beach (asellcy) Signatum Neisen Kasdin, Mayor Tille or PD.lltion ATTEST: Robert Parcher, City Clerk "PPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~~ Cf-/'l.--~d I ~ oate THE SALVATION ARMY POLICY STATEMENT ON RELATIONSHIPS WITH OTHER GROUPS AND ORGANIZATIONS The Salvation Army in the United States works cooperatively with many groups- governmental, social service, civic, religious, business, hwnanitarian, educational, health, character building, and other groups - in the pursuit of its mission to preach the Christian Gospel and meet human need. Any agency, governmental or private, which enters into a contractual or cooperative relationship with The Salvation Army should be advised that: I. The Salvation Army is an international religious and charitable movement, organized and operated on a quasi-military pattern, and is a branch of the Christian church, 2, All programs of The Salvation Army are administered by Salvation Army Officers, who are ministers of the Gospel. 3. The motivation of the organization is love of God and a practical concern for the needs of humanity. 4, The Salvation Army's provision of food, shelter, health services, counseling, and other physical, social, emotional, psychological and spiritual aid, is given on the basis of need, available resources and established program policies, Organizations contracting and/or cooperating with The Salvation Army may be assured that because The Salvation Army is rooted in Christian compassion and is governed by Judeo-Christian ethics, The Salvation Army will strictly observe all provisions of its contracts and agreements, COD1h1issioners Conference: May 1996 . .