2000-24172 RESO
RESOLUTION NO. 2000-24172
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN INDEPENDENT CONTRACTOR AGREEMENT FOR A HOMELESS
ASSISTANCE PROGRAM COORDINATOR TO COORDINATE THE CITY
HOMELESS OUTREACH PROGRAMS.
WHEREAS, the City has received Community Development Block Grant (CDBG) funds
and some of these funds are earmarked for hiring a new Homeless Assistance Program
Coordinator; and
WHEREAS, the City can hire an independent contractor for one (1) year, at a salary of
$30,000, with no benefits, using CDBG funds; and
WHEREAS, the contract employee would be housed in the CommunitylEconomic
Development Department and would be responsible for such duties as outlined in the attached
Agreement.
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 herein authorize the Mayor and City Clerk to execute an Independent Contractor
Agreement for a Homeless Assistance Program Coordinator to coordinate the City Homeless
Outreach Programs.
PASSED and ADOPTED this 29th day of November ,2000.
IJJ/JJ
MAYOR
ATTEST:
~tf~
ITY CLERK
F:\POLI\TECHSERV\POLICIES\COM _ RESO\homeless assistance coordinator contract.res.wpd
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1i,Jti&f. It-/)--ov
\"5l" Dote
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cl.mlaml-beach.fl.us
COMMISSION MEMORANDUM NO.
873-00
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: November 29, 2000
FROM:
Jorge M. Gonzalez \ ~
City Manager O' 0
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN INDEPENDENT CONTRACTOR
AGREEMENT FOR A HOMELESS ASSISTANCE PROGRAM
COORDINATOR TO COORDINATE THE CITY HOMELESS OUTREACH
PROGRAMS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Overview
Under the 1998 settlement agreement in the P01TINGER vs. CITY OF MIAMI civil case, the
"traditional" relationship between the homeless population and the law enforcement community
changed to what has come to be called the "Pottinger Protoco1." The Miami Beach Police
Department adopted this protocol as its official policy on June 3, 1998, as General Order No. 05-98.
Under the guidelines of General Order No. 05-98, Miami Beach Police Officers were instructed to
provide assistance to homeless individuals as part of their job function and to offer emergency
shelter to homeless persons willing to accept such shelter. The practical application of this protocol,
however, revealed that the number of such shelter beds available for police use was very inadequate.
If more beds were made available, police officers would be able to greatly impact the City's
homeless population. The City of Miami Beach Committee on the Homeless supported the Police
Department's efforts to improve their services to the homeless, and made a recommendation for the
City to assist in achieving this goa1. It was suggested that a short- term Pilot Program be constructed
to determine the effectiveness of such a project.
From May 15,2000 to October 1, 2000, the City of Miami Beach, the Salvation Army and the
Douglas Gardens Community Mental Health Center formed a cooperative effort to examine ways
to provide better services to the homeless residents of the City.
AGENDA ITEM
c.7B
11- 2.q--QO
nATli'.
COMMISSION MEMORANDUM
November 29, 2000
Page 2
This effort was termed the "Homeless Assistance Pilot Program" by the City of Miami Beach
Committee on the Homeless. The goal of the Pilot Program was to create a Miami Beach Police
Department Homeless Outreach Team (MBPD HOT), comprised of volunteer police officers and
professional outreach workers, and to have this team contact homeless citizens with offers of shelter
beds and assistance.
Funding, provided by City sources, paid for shelter beds at the Salvation Army homeless assistance
center. Funding, provided by Police Department sources, paid for Douglas Gardens Community
Mental Health Center Outreach Team workers to conduct field missions with police personnel. In-
kind services, provided by Police Department sources, paid for police officers to conduct field
missions with the professional outreach workers.
During the life of the Pilot Program, the MBPD HOT conducted an average of two missions per
week. The police personnel were instructed to select the areas to be patrolled, leam techniques and
procedures from the professional outreach workers, and transport the clients to the Salvation
Army facility. The Douglas Gardens Outreach professionals were instructed to accompany the police
officers in the field and to the Salvation Army facility, to track the number and type of clients
accepting the offered services, and to provide insight into required follow-up care requirements.
Approximately 173 homeless persons were contacted by the MBPD HOT on their 23 missions.
Forty-eight (48) of these individuals accepted placement in the Salvation Army homeless assistance
center. This initial success rate is very encouraging. Moreover, the Pilot Program has focused
attention on several issues, and much work remains to be done on the homeless problem.
Pilot Prt)gram Missions
After the completion of contracts with Douglas Gardens Community Mental Health Center and the
Salvation Army, the Pilot Program completed its first mission on May 15,2000. It was detennined
that the police personnel would use a simple computer format to track the missions, the clients
interviewed, and the operational problems discovered. After completing 23 missions, the results
revealed several ways to improve the program. These are:
(1) Trained police officers do an excellent job as outreach workers, and the homeless population is
well serviced by providing this program. Of the 173 persons contacted to date, 48 accepted
placement in the Salvation Army Homeless Assistance Center.
This success rate of more than 25% is better than many professional outreach teams' results, but the
Douglas Gardens experts caution us to review this rate against the long term success rate for the most
accurate picture. The Police Department is not equipped to track clients through the continuum of
care. When this program came to an end, on October 1,2000, it was suggested that the City should
examine how best to achieve this tracking. It was determined that a Homeless Assistance
Coordinator was needed to achieve this tracking.
(2) The Salvation Army facility has proven to be an excellent resource. It has provided 24hour17day
a week access, and our clients have spoken very highly of the services they received.
COMMISSION MEMORANDUM
November 29, 2000
Page 3
In order to be effective, however, the Police Department requires a Homeless Assistant Center with
more than eleven (11) beds. The eleven (11) Salvation Army beds have been filled since the first
month. The pilot project only involved eight hours of HOT missions each week. When the Homeless
Assistance Coordinator is opened to all officers of the Police Department on a 24hour/7day a week
basis, it is estimated our need will be at least fifty (50) beds per month.
(3) The "homeless problem" requires a multifaceted solution. The "Pottinger Protocol" demands
that police have access to a sizable Homeless Assistance Center; and the pilot project has shown that
approximately 25% of the City's homeless population will accept placement into such a facility. The
remaining 75% of the City's homeless population, however, will require different strategies. While
the Police Department will always have a role providing services to the homeless, the majority of
the "solution" will be the responsibility of other govemment agencies.
(4) Hiring a City of Miami Beach Homeless Assistance Program Coordinator is very important.
The pilot project has demonstrated the need for someone to be in-charge of the City's homeless
assistance efforts.
From the police point of view, a City Homeless Assistance Coordinator must work closely with the
Police Department Liaison who is responsible for coordinating the Police Department's homeless
efforts. The clients need follow up care/tracking, and the beds need to turn over sufficiently to ensure
that the police always have availability.
Future of the Miami Beach Police Department's Homeless Outreach Team
At the present time, the Administration has authorized funding for twenty-five (25) beds at the
Salvation Army, and a contract is currently being negotiated between the City and the Salvation
Army. The Mayor and City Commission approved this on December 1, 1999 under Resolution No.
99-23403.
Additionally, funding is in place to hire a Homeless Assistance Program Coordinator under the
Community Development Block Grant (CDBG) program. The Homeless Assistance Program
Coordinator will be paid a salary of $30,000.00 and will be contracted for a one (1) year period of
time. There will be no benefits attached to this position. The Homeless Assistance Program
Coordinator will be responsible for the day to day operations of this program, with emphasis on
tracking those homeless persons who accept our services. The Coordinator will physically function
in the Department of Community and Economic Development and will work in tandem with the
Police Department. Please see the attached Job Description.
It is recommended that the Mayor and City Commission adopt this Resolution and authorize the
Mayor and City Clerk to execute the Agreement to hire a Homeless Assistance Program Coordinator
for one year.
JMG~:DD:PS:FC:MMS ~
F:\POLI\TECHSERV\POLICIES\COM_MEMO\homeless assistance program coordinator contract.mem.wpd
AGREEMENT
This Agreement is entered into this _ day of , 2000, between
,(Contractor) and the City of Miami Beach (City), for a period often (10) months.
with an effective starting date of December I, 2000, and a termination date of September 30. 200 I.
This Agreement is for the purpose of developing and formalizing the City's Homeless
Assistance Programs, all as more specifically set forth in the attached Exhibit A.
For purposes of this Agreement, shall be deemed to be an independent
contractor, and not an agent or employee of the City, and shall not attain any rights or benefits under
the Civil Service or Pension Ordinance of the City, or any rights generally afforded classified or
unclassified employees. Further, he/she shall not be deemed entitled to Florida Worker's
Compensation benefits as an employee of the City or accumulations of sick or annual leave.
In consideration of the services to be provided, the City agrees to pay Contractor a flat fee
of $3,000 per month, commencing on December 1,2000, and (monthly) thereafter throughout the
term of this Agreement. This Agreement will be in effect for a period of ten (10) months, unless the
parties agree to an extension of same, in writing.
In addition to the total fee to Contractor, as set forth above, the City shall reimburse
Contractor for expenses related to travel, supplies, and other out-of-pocket expenses related to the
day to day operation of the Homeless Assistance Program. However, Contractor shall obtain the
prior written approval of the City Manager or his designee prior to incurring such expenses; the City
at its sole discretion reserves the right to reject and therefore not reimburse Contractor for any such
unapproved expenses.
It is agreed Contractor will be able to participate in other personal service agreements with
any agency or individual which does not create any actual or inferred conflict of interest with the
City of Miami Beach.
This Agreement may be terminated for convenience of either party, by giving written notice
to the other party of such termination, which shall become effective thirty (30) days following
receipt by the other party of the written termination notice.
In the event of termination for convenience of either party, Contractor shall be paid a sum
equal to all payments due to Contractor up to the date of termination of this Agreement, provided
Contractor is continuing to provide all services pursuant to the Agreement up to the date of
termination.
Contractor agrees to indemnifY, defend 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, attorney's 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
I
have arisen from the negligent acts or omissions or other wrongful conduct of the Contractor or his
subcontractors, employees, or agents in connection with the Contractor's performance of services
pursuant to this Agreement. The Contractors' obligation under this article shall not include the
obligation to indemnify 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.
The City desires to enter into this Agreement only if in so doing the City can place a limit
on 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.
Contractor hereby expresses his willingness to enter into this Agreement with Contractor's recovery
from the City for any damage action for breach of contract to be limited to a maximum amount of
$10,000 less the amount of all funds actually paid by the City to Contractor pursuant to this
Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement,
Contractor hereby agrees that the City shall not be liable to Contractor for damages in an amount in
excess of$IO,OOO, which amount shall be reduced by the amount actually paid by the City to the
Contractor 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 subparagraph 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.
All notices under the term of this Agreement shall be sent to the following:
CONTRACTOR:
CITY:
CITY OF MIAMI BEACH
CITY MANAGER'S OFFICE
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
WITH COPIES TO:
OFFICE OF THE CITY ATTORNEY
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
2
This Agreement shall be enforceable in Miami-Dade County, Florida and iflegal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida.
It is further agreed that this Agreement may be altered, extended and amended only upon the
written consent of both parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
the respective officials thereunto duly authorized, this date and year first above written.
CITY OF MIAMI BEACH
a Florida Municipal Corporation
City Clerk
Neisen Kasdin, Mayor
Witness
, Contractor
Witness
F:IDDHP\$ALLIL YSSETIEIHOMELESSICONTRACTlHiring Contracl.doc
APPROVED AS TO
FORAJi & LANGUAGE
b FOR EXECUTION
-4tt~~{I--
"/)1'"
/1- l-(l 'I'?J)
On1.:!
3
HOMELESS OUTREACH COORDINATOR
NATURE OF WORK
This is field and administrative work involving the day to day operations of homeless
programs, including, but not limited to, work coordinating the referral of homeless
individuals and families to appropriate service providers, and establishing and
maintaining cooperative relationships with community groups and service delivery
agencies. Reports to the CDBG Projects Coordinator of the Community Development
Division within the Community/Economic Development Department with an indirect
reporting relationship to the City of Miami Beach Police Department.
ILLUSTRATIVE EXAMPLES OF ESSENTIAL DUTIES
Works closely with the CDBG Projects Coordinator in the implementation of all aspects
of homeless programs.
Develops a tracking system for clients/services and the necessary referral and internal
forms.
Responsible for the collection and preparation of data for daily situation reports, recurrent
progress and evaluation reports, and monthly activities report to the CDBG Projects
Coordinator, the Community Development Director. and others in the community.
Performs related work as required.
Coordinates bed availability with intake provided by police officers.
Establishes a system of reservations and admissions for Miami Beach homeless clients
for beds funded through the Miami-Dade Homeless Tmst.
Establishes a standardized client information, referral and tracking system modeled atier
that used by the City of Miami, and fully compatible with the system under development
by the Homeless Trust.
Participates in Miami-Dade Homeless Tmst Providers' Fomm activities.
Field activities with police officers. which may involve late-night/early rr.<lrning and
weekend shift duties.
Direct client contact and collaboration with service providers.
Administrative support for Offiee of Homeless Programs. to include assistance
facilitating Homeless Committee meetings, provider meetings, and task force meetings.
KNOWLEDGE, SKILLS AND ABILITIES
Knowledge of community services available for the homeless.
Knowledge of the special needs of the homeless popLLiation.
Ability to express ideas and information clearly and concisely. both verbally and in
writing.
Ability to collect and organize data, and prepare reports.
Familiarity with affordable housing and homeless issues as well as with systems of
service delivery:
Ability to analyze, strategize, and implement problem-solving solutions to service
delivery issues:
Experience working with an advisory committee, task force, or work team;
Ability to write and present information clearly;
Bilingual skills are considered an asset.
This is a grant-funded position.
MINIMUM REQUIREMENTS
Bachelor's Degree plus experience in the delivery of social services or related field.
Experience can substitute for education on a year-for-year basis.
PHYSICAL REQUIREMENTS
Must have the use of sensory skills in order to effectively communicate and interact with
other employees and the public through the use of the telephone and personal contact.
Physical capability to effectively use and operate various items of office related
equipment, such as, but not limited to, word processor, calculator, copier, and fax
machine. No significant standing, walking, moving, climbing, canying, kneeling,
crawling, reaching, and handling, sitting, standing, pushing and pulling.
SUPERVISION RECEIVED
General assignments are received from the CDBG Projects Coordinator, and the
Community Development Director of the Community/Economic Development
Department. Work is performed with considerable latitude for use of independent
judgement and is reviewed through periodic conferences and review of reports. Work is
subject to review for compliance with departmental objectives and standards.
SUPEVISION EXERCISED
None.
Rev. 10/2000
F:\DDHP\$ALL\L YSSETTE\HOMELESS'Job Dcsc Coordinator.doc
Liliam Hatfield
From:
Sent:
To:
Icripps [Iyssettecripps@ci.miami-beach. fl. us]
February 25, 2002 06:01 PM
'Uliam Hatfield'; ccuervo@ci.miami-beach.fI.us; caomb@ci.miami-beach.fI.us;
'joannarevelo@ci.miami-beach.fI.us'; 'Eduardo Y ero@ci.miami-beach.fI.us';
'CMBHomeless@ci.miami-beach.fI.us'
cmgr@ci.miami-beach.fI.us; citycler@ci.miami-beach.fI.us
RE: Incomplete Ordinances and Resolutions from 1996 to 2001
Cc:
Subject:
Lilliam
Resolution No. 2000-2417? Allow me to update you on this issue. The
Homeless CoordInator was not hired as a contract employee, as contemplated
by Resolution No. 2000-24172. Originally, the Coordinator was to be hired
as a contractor with the Police Department until the beginning of Fiscal
Year 2001-2002, when she was going to be a regular City employee. She came
on board September 17th, and the Agr~ement was never execlltprl- Instead,
she was hired directly as a City employee. I updated your office on
10/29/2001. ~
In an effort to au clarify this further, by copy of this' email, I am
alerting Lt. Eduardo Yero who oversees the homeless initiative at the
Police Depar men) to this pending issue. He should be the one to provide
you with additional information, if needed. Lilly, as always, I am ready
to assist you. Let me know if you need anything further, but please remove
my name from the responsible list for this item.
Lt. Yero, Ms. Hatfield may be reached at t~e City Clerk's office Ext. 7411
Lyssette
-----Original Message-----
From: Liliam Hatfield [SMTP:liliamhatfield@ci.miami-beach.fl.us]
Sent: Monday, February 25, 2002 03:54 PM
To: ccuervo@ci.miami-beach.fl.us; caomb@ci.miami-beach.fl.uSi
alchildress@ci.miami-beach.fl.us; lyssettecripps@ci.miami-beach.fl.uSi
floydjordan@ci.miami-beach.fl.uSi dterpak@ci.miami-beach.fl.uSi
judyhoanshelt@ci.miami-beach.fl.uSi kevinsmith@ci.miami-beach.fl.us;
procurement@ci.miami-beach.fl.uSi ameliajohnson@ci.miami-beach.fl.us;
kentbonde@ci.miami-beach.fl.us
Cc: cmgr@ci.miami-beach.fl.uSi citycler@ci.miami-beach.fl.us;
ericyuhr@ci.miami-beach.fl.us
Subject: Incomplete Ordinances and Resolutions from 1996 to 2001
Importance: High
Citrus PunchImportance: High
This is a list of all the incomplete resolutions and ordinances that need
signed agreements, drafting or revisions for completion. I have grouped
them by the person responsible for its completion. Some of these documents
go back to 1996. We urge you to fully cooperate with us in accomplishing
our
goal this year of clearing this pending list. After several attemps by
Maria Martinez and Mr. Parcher, we have notified the City Manager on the
status of the documents, to see what other measurements can be taken in
order to bring about compliance.
As the status of these documents change, an updated report will be emailed
for follow-up. We appreciate your continued cooperation.
Reso Number
Meeting Date
Notes
Status
1
~