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97-22524 RESO RESOLUTION NO. 97-22524 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE LETTER OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI BEACH HOUSING AUTHORITY, FOR THE CONTINUATION OF A "JOINT PROGRAM FOR HOUSING ASSISTANCE-RELATED COMMUNITY DEVELOPMENT ENHANCEMENT" WHICH INCLUDES ENHANCED POLICE PROTECTION, CHILD CARE, AND RECREATION SERVICES. 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, the Housing Authority and the City have determined the need to amend the 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 Amendment to the Letter of Understanding, the following programs will be undertaken that enhance the quality of life of those persons receiving housing assistance: 1) recreation programs, 2) enhanced police protection, and 3) subsidized child care; 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, 1995; 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 term of the Amendment to the Letter of Understanding is from October 1, 1995, through September 30, 1998; 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 $332,620 to accomplish the services described in the Amendment to the Letter of Understanding, of which the amount of $193,000 will be contributed for the provision of services during fiscal year 1997/98, and the balance of $139,620 will be contributed by the Housing Authority to the joint fund by September 30, 1997. 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 an Amendment to the Letter of Understanding between the Miami Beach Housing Authority and the City of Miami Beach for the continuation of a "Joint Program for Housing Assistance-Related Community Development Enhancement" which includes enhanced police protection, child care, and recreation services. PASSED AND ADOPTED THIS 24th DAY OF September ,1997. ~ I ~~ rev. cJv-- CITY CLERK ATTEST: f: bs: m bha: ltrocomm. res APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION a/I!:- j j; O/:/)7 Date ' -/ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM NO. ~ l TO: Mayor Seymour Gelber and Members of the City Commission DA TE: September 24, 1997 FROM: Jose Garcia-Pedrosa City Manager SUBJECT: A RESOLUTION E MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FRIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE LETTER OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI BEACH HOUSING AUTHORITY, FOR THE CONTINUATION OF A "JOINT PROGRAM FOR HOUSING ASSISTANCE-RELATED COMMUNITY DEVELOPMENT ENHANCEMENT" WHICH INCLUDES ENHANCED POLICE PROTECTION, CHILD CARE, AND RECREATION SERVICES. ADMINISTRATION RECOMMENDATION: Approve 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 94-21321, which ratified this action. A joint bank account was established for the Housing Authority's contribution of funds to accomplish the services identified herein. The City's Housing and Community Development Office served as the contract administrator, overseeing the provision of the services and documenting the expenditures. ANAL YSIS: Although the "Letter of Understanding" was due to be renewed on October 1, 1995, the Housing Authority authorized the City to continue implementing the three current programs covered under the "Letter of Understanding", as follows: 1) recreation services at Normandy Isle Park (with the addition in 1995 of services at North Shore Park); 2) enhanced police protection; and 3) subsidized child care, with the understanding that all eligible expenses would be reimbursed by the Housing Authority. AGENDA ITEM DATE ~~ COMMISSION MEMORANDUM SEPTEMBER 24, 1997 PAGE 2 At this time, both parties wish to amend the "Letter of Understanding", retroactive to October 1, 1995, thus allowing the City to be compensated for any and all eligible expenditures, and providing for the continuation of services through September 30, 1998, in accordance with said "Letter of Understanding". 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 $332,620 to accomplish the services described in the "Letter of Understanding". Of this amount, $193,000 will be contributed for provision of services during fiscal year 1997/98. The balance of $139,620 will be contributed by the Housing Authority to the joint fund by September 30, 1997 for services provided by the City from October 1, 1995 through September 30, 1997. The term of the amendment will be October 1, 1995 through September 30, 1998. The components of the program are as follows: MIAMI BEACH HOUSING AUTHORITY ANNUAL FUNDS - $193,000 a. RECREATION PROGRAM - $50,000 The City agrees to continue to implement the after-school and summer recreational programs at City parks, including Normandy Isle Park and North Shore Park, designed to benefit youth in grades K-12 under the direction of the City's Recreation, Culture and Parks Department. The MBHA's contribution will continue to be applied to help fund the salaries of the staff necessary to run the programs as well as any associated operating costs directly related to implementation of these programs. The City will continue to provide all necessary transportation and related services for participants of this program. b. ENHANCED POLICE PROTECTION FOR MBHAlSECTION 8 TENANTS - $65,000 The City agrees to continue to provide enhanced police protection for Housing Authority and Section 8 tenants 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. c. SUBSIDIZED CHILD CARE - $78,000 The City agrees to continue to provide quality affordable child care to Housing Authority residents and Section 8 participants through a subsidized child care program. A total of thirty (30) slots @$1 0 per day will be provided by sub-recipient agencies, as selected by the City and the Housing Authority. The Housing Authority will reimburse the City for any and all expenses incurred for the provision of subsidized child care, by any previously approved provider, under the terms of the original agreement. CONCLUSION: The Administration recommends that the Mayor and City Commission approve the attached Resolution authorizing the Mayor and the City Clerk to execute an Amendment to the Letter of Understanding between the City of Miami Beach and the Miami Beach Housing Authority for the continuation of a "Joint Program for Housing Assistance-Related Community Development Enha;ient" which includes enhanced police protection, child care, and recreation services. JGPI IMDCIBS FIDDHPI$ALLIBETHIMBHAIL TRCOMME.FIN .~- CIT", ()r= M14,"1 I3t:Acti VVLICr: [)1:1J4~TMr:~T DEDICATED T. COMMUNITY SEll 1100 WASHINGTON AVl!NUe: + M'^MI 8e:ACH. FLOIt'DA 33139 CH'Ef'" O"'CE (305) 673-7925 (FAr) 673-7065 SPECIAL ORDER NO. 16-95 October 30, 1995 TO: All Personnel. To Be Announced "At All Roll Calls For Four (4) Consecutive Days And Posted On The Bulletin Boards For A ~eriod Of Thirty (30) Days. Richard Barreto {p @.1.. Chief of Police 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. MIAMI BEACH HOUSING AUTHORITY/POLICE GUIDELINES: A. POLICE SERVICES PROVIDED: 1.. To identify family problems and refer to appropriate governmental "or private agencies for assistance. 2. Provide enforcement and initiate investi~ations when deened appropriate. 3. Provide housing residents with information concerning resources within 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 any additional responsibilities, 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 Housing Authority will be coordinated through the Office of the Chief of Police by the appropriate Miami Housing personnel. C. The assigned police officer can provide copies of offense/incident reports, arrest affidavits, and other public records. The release of NCIC/FCIC computer printouts of criminal history information and/or other information generated by the NCIC/FCIC system is prohibited. D. Any request for sel::Vice of the assigned police officer(s) after hours and/or on his/her days off or the need for immediate attention when the police officer is -unavailable shall be routed through the Communication's Desk at 673-7900. E. Requests by the Miami Beach Housing Authority for any information in the official records maintained by the Police Department shall be provided by the Police De~artment in conformance with the provisions of General Order 06-95, Public Records. III. ROLE OF POLICE OFFICERS: The assigned officer's principle functions are: 1. Patrol and Observation. 2. Control of Public Gatherings. 3. Miscellaneous Field Services. 4. Investigating Complaints. 5. Initiating Investigations of Suspicious Incidents. 6. Arrest of Offenders. 7. Preparation of Reports. 8. Crime Prevention Measures. 9. Domestic Violence Intervention. 10. Keep records of services provided, referral forms, follow-up information, etc. RB/SDR/MMS/rad cc: A/Chief Barreto A/A Chief Mulshine .Major Robbins Major Schneider A/Major Lluy . Capt. De Lucca Capt. Tollefsen Capt. Conwell Capt. Scarberry Capt. Mazer Ms. Schwab Payroll-JB Martha Diaz, Police Legal Oet. Boza Det. Zeifman Internal Affairs Property Unit P.S.C.U. Records C.L.O. Sgt. Lynda Veski, F.O.P. Mr. Zaworski Mr. Frame AMENDMENT TO THE LETTER OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI BEACH HOUSING AUTHORITY This Amendment is executed this24thday ofSeptembelJ 1997, by and between the CITY OF MIAMI BEACH, a Florida municipal corporation, having its principal office at 1700 Convention Center Drive, Miami Beach, Florida, (hereinafter referred to as City), and THE MIAMI BEACH HOUSING AUTHORITY, located at 200 Alton Road, Miami Beach, Florida (hereinafter referred to as 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 of the 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, the Housing Authority and the City have determined the need for the continuation of the Joint Program for Housing Assistance-Related Community Development Enhancement in the City of Miami Beach; and WHEREAS, the following services will be undertaken that enhance the quality of life of those persons receiving housing assistance: 1) recreation programs, b) enhanced police protection, and 3) subsidized child care; and WHEREAS, the City has continued to implement these services on behalf of the Housing Authority, with the understanding that the Housing Authority will reimburse the City for all eligible expenditures dating back to October 1, 1995; and WHEREAS, a joint bank account had been previously established for this program, is currently active, and bookkeeping responsibilities will remain with the City; and WHEREAS, the term of the Amendment is October 1, 1995 through September 30, 1998; and WHEREAS, the Housing Authority will set aside an allocation of $332,620 for a three-year period commencing October 1, 1995 and concluding September 30, 1998; and WHEREAS, the Housing Authority desires to continue to engage the City as provider to render certain services in connection with the "Joint Program for Housing Assistance-Related Community Development Enhancement". Page 1 NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto 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 $332,620 to accomplish the services described herein for a three-year period commencing October 1, 1995 and concluding September 30, 1998. Of this amount, $193,000 will be contributed for provision of services during fiscal year 1997/98. The balance of $139,620 will be contributed by the Housing Authority to the joint fund by September 30, 1997 for services provided by the City from October 1, 1995 through September 30, 1997. ARTICLE II SCOPE OF SERVICES The Housing Authority and the City agree to a Scope of Services, as outlined below. The individual service components can be renewed on a case-by-case basis, requiring only authorization by the Housing Authority Board of Commissioners. A. HOUSING AUTHORITY FUNDS 1. RECREATION PROGRAM - $50,000 a. The City agrees to continue to implement the after-school and summer recreational programs at City parks, including Normandy Isle Park and North Shore Park, designed to benefit youth in grades K-12 under the direction of the City's Recreation, Culture and Parks Department. b. The Housing Authority's contribution will continue to be applied to help fund the salaries of the staff necessary to run the programs, as well as any associated operating costs directly related to implementation of these programs. c. The City of Miami Beach will continue to provide all necessary transportation and related services for participants of this program. Services will be directed to area families participating in the Housing Authority's Section 8 Rental Program in order to provide supervised after school recreation. 2. ENHANCED POLICE PROTECTION FOR HOUSING AUTHORITYI SECTION 8 TENANTS - $65,000 a. The City agrees to continue to provide enhanced police protection for Housing Authority and Section 8 tenants 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 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 Authority. Page 2 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 information regarding community resources within the police, the community and other municipal departments; police community relations through work with youth groups as a role model, attending tenant and community meetings. d. The Chief of Police and/or his designee shall designate any additional responsibilities, other than those enumerated above. 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 residents and Section 8 participants through a subsidized child care program. A total of thirty (30) slots at $10 per slot\day will be provided by sub-recipient agencies, as selected by the City and the Housing Authority. b. The Housing Authority agrees to reimburse the City for all expenses incurred for the provision of subsidized child care, by any previously approved provider, under the terms of the original Agreement. ARTICLE III CONDITIONS OF SERVICE Conditions of Service shall continue in accord with previous agreements. ARTICLE IV TERM OF AGREEMENT The terms set forth in the original Letter of Understanding dated November 13, 1992, including indemnifications, and only as specifically amended, constitute the agreement between the two parties in its entirety, and no further City Commission approval is necessary to effectuate the program or activities herein described. This Amendment shall be deemed effective and in full force for thirty-six months from October 1, 1995, or when the funds in the bank account are depleted, whichever occurs first. ARTICLE V METHOD OF PAYMENT It is expressly understood and agreed that the amount to be paid hereunder shall not exceed Three Hundred Thirty-Two Thousand Six Hundred Twenty dollars ($332,620) as addressed above Article I. Such funds shall be expended during the term of the Amendment, as follows: A. The City will charge expenses incurred under the terms of this Amendment to the Joint Benefit Fund currently held at Barnett Bank, on a monthly basis. This will be accomplished through one monthly internal bank transfer which includes expenses Page 3 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 may be re-instituted. 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 or the Housing Authority to have been paid in violation of the terms of this Amendment. ARTICLE VI AMENDMENTS Any alterations, variations, modifications or waivers of this Amendment 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 VII AUDIT AND INSPECTIONS Audit and inspections will be conducted in accord with previous agreements. ARTICLE VIII 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 City agrees to comply with all state and local laws and ordinances hereto applicable. ARTICLE IX LIMITATION OF LIABILITY The Housing Authority desires to enter into this Amendment 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 Amendment, so that its liability never exceeds the sum of $332,620. The City hereby expresses its willingness to enter into this Amendment with the City's recovery for any action to be limited to a maximum amount of $332,620, less the amount of any and all funds actually paid to the City by the Housing Authority pursuant to this Amendment. Accordingly, the City hereby agrees that the Housing Authority shall not be liable to the City for damages in an amount in excess of $332,620 which amount shall be reduced by the amount of funding actually provided to the City by the Housing Authority pursuant to this Amendment, for any action or claim arising out of this Amendment. Nothing contained in this subparagraph or elsewhere in this Amendment 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. Page 4 IN WITNESS WHEREOF, the Housing Authority has caused this Amendment to the Letter of Understanding to be executed by its duly authorized official(s) and the City has caused this Amendment to be executed by its duly authorized officer(s), the day and date first above indicated. ~p~ WITNE7S:. d. ~ \;U?nA-/ ~~ l:]vw A:J2/) Ai i 67ft ~ lC( l(!btfj-~f-tf1- Name and Title of Authorized Signatory ATTEST: ~6' ECR J.v--- City Clerk f:bs:REVDL TRO.AGR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION A~MfIdl- ify Attorney J/;u/! "7 ' DOte Page 5