Res. No. 040-97-10011RESOLUTION NO,40-97-10011
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI AUTHORIZING THE
CITY MANAGER TO ENTER INTO A MEMORANDUM OF
AGREEMENT,IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY,WITH METROPOLITAN DADE COUNTY BY
AND THROUGH THE METROPOLITAN DADE HOUSING
AUTHORITY,ON BEHALF OF THE CITY OF SOUTH
MIAMI POLICE DEPARTMENT TO PROVIDE A
COMMUNITY ORIENTED PATROL UNIT IN PUBLIC
HOUSING DEVELOPMENTS LOCATED WITHIN THE
BOUNDARIES OF THE CITY.
WHEREAS,Metropolitan Dade County,(hereinafter
referred to as the "County")has the power to own and
operatelowincomepublichousing developments within the
Cityof South Miami(hereinafterreferredtoasthe"City");
and
WHEREAS,such developments have a need for safety and
securityfortheresidentsofpublichousingdevelopments
located within the City;and
WHEREAS,theCountybyand through Metropolitan Dade
HousingAgency,hasagreedtoprovideanamountnotto
exceed $12,000 totheCityofSouthMiami Police Department
to operate a Community Oriented Patrol Unitin public
housing developments located withinthe boundaries ofthe
City;and
WHEREAS,bothpartiesareagreeabletocarryingoutthe
activities contemplated inthe Memorandum of Agreement
subject to the terms and conditions stated within the
document;
NOW,THEREFORE,BEITRESOLVEDBYTHE COMMISSION OFTHE
CITY OF SOUTH MIAMI,FLORIDA:
Section 1,The recitals and findings contained inthe
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as is fully set forth in
this Section.
Section 2.TheCityManageroftheCityofSouth
Miami,be,and hereby is,authorized to enter into a
Memorandum of Agreement with the County inaform acceptable
to the City Attorney,wherein the County shall provide funds
to the City in an amount not to exceed $12,000 for the City
to provide safety and security services in the form of a
CITY OF SOUTH MIAMI
ENTER-OFFICE MEMORANDUM
To:MayorandCityCommission Date:February19,1997
From:Mr.L.DennisWhitt Agenda Item #_H
City NJanager Comm.Mtg.March 4,1997
4\.Memorandum of Agreement for Extra Duty
^^^^^^2^j^ice Services -Dade County HUD
ThereexistsaneedfortheSouthMiamiPoliceDepartmenttoprovideenhancedpolice
servicesto residents of Metropolitan Dade County's Housing Agency Developments.
Thisneedisinexcess of thelevel of servicecurrently provided bythe Police Department.
In order thatexistingpolice resources arenot inordinately taxed,the Dade County
HousingAgencyhas agreed tofundtwoextradutyofficersfor8 hours perday,2daysper
week,toassist with those timeswhenour currentCommunity Policing Unitisnot
working.
The attached Memorandum of Agreementreflectsthetermsand conditions enablingthe
Citytoinitiatethisprogramandtoreceivereimbursementforsame.
ThisMemorandum of AgreementhasbeenreviewedandapprovedbyCityAttorneyEarl
Gallop.
Irecommendapproval of thisResolution.
MEMORANDUM OF AGREEMENT
This agreement made and entered into this day of 1997,by
and between the City of South Miami,a municipal corporation of the State of Florida
(hereinafter referred to as the "CITY"),and Metropolitan Dade County,a political
subdivision of the State of Florida (hereinafter referred to as the "COUNTY"),both of
which understand and agree as follows:
WITNESSETH:
WHEREAS,the COUNTY has the power to own and operate low-income public
housing Developments within the CITY;and
WHEREAS,such Developments have a need for safety and security for the
residents of public housing developments located within the CITY;and
WHEREAS,on t rae COUNTY,by and through
Metropolitan Dade Housing Agency (hereinafter referred to as "MDHA"),has agreed to
provide an amount not to exceed $12,000 to the City of South Miami Police Department
to operate a Community Oriented Patrol Unit,in public housing developments located
within the boundaries of the CITY;and
WHEREAS,cokes wation,jr.,a/Chief ofPolice of the CITY,has approved
in principle the City's Police Department's involvement in the Program and in providing
the said safety and security needs;and
WHEREAS,both parties are agreeable to carrying out the activities contemplated
in this agreement,and subject to the terms and conditions hereinafter stated,the CITY and
the COUNTY agreeas follows:
SECTION 1
It is understood that the CITY and COUNTY shall carry out the following
activities to implement this Agreement:
A)County shall provide funds to the CITY in an amount not to exceed $12,000 for
the CITY to provide safety and security services in the form of a community oriented
patrol unit within the City of South Miami HUD Developments.The goal is to
provide localized neighborhood enforcement initiatives in coordination with
established police agencies in an effort to reduce significantly drug and other criminal
activity within MDHA developments.
B)The CITY shall provide safety,security,and enforcement services in the form of
two (2)off-duty police officers eight (8)hours a day,2 days per week,for 18 weeks,
which includes rotating shifts and roving officers.
C)The CITY and the COUNTY shall mutually agree upon the assignment of officers
and hours of service to best meet the needs of the Residents of Metro-Dade
Housing Agency Developments.Lieutenant Dan Salerno will supervise and monitor
these activities.
D)The CITY shall submit a monthly status report to the Director of MDHA
describing progress in carrying out services in the Program.
SECTION 2
TIME OF PERFORMANCE
The CITY shall commence providing safety and security services described in
Section 1 of this Agreement upon the execution of this Agreement and approval by the
Dade Board of County Commissioners and the Board of Commissioners of the City of
South Miami.The term of this Agreement shall be one (1)year,the County shall have the
option to extend the term hereof for one (1)additional year,at the County's sole
discretion.
METHOD OF PAYMENT?
A)In consideration of the performance of the services described in Section 1 of this
Agreement,the COUNTY shall pay the City the amount shown in monthly itemized
invoices to be submitted by the City.Compensation shall be based on the number of
hours worked at the rate of $20.00 per hour,provided,however,that the maximum
compensation to be paid hereunder shall not exceed $12,000 unless such figure is
adjustedhigherbythe COUNTY.
SECTION 3
COMPLIANCE WITH FEDERAL.STATE.AND LOCAL laws-
Both parties shall comply with all applicable laws,ordinances and codes of federal,
state,and localgovernment.
SECTION 4
GENERAL CONDITIONS;
A)All notices or other communications which shall or may be given pursuant to this
Agreement shall be in writing and shall be delivered by personal service,or by
registered mail addressed to the other party at the address indicated herein or as the
same may be changed from time to time.Such notice shall be deemed given on the
day on which personally served;or,if by mail,on the fifth (5th)day after being posted
orthedate of actual receipt,whichever is earlier:
CITY OF SOUTH MIAMI METROPOLITAN DADE
City Manager HOUSING AGENCY
6130 Sunset Drive Executive Director
South Miami,Florida 33143 1401 NW 7th Street
Miami,Florida 33125
B)Title and paragraph heading are for convenient reference and are not part
ofthisAgreement.
C)In the event ofconflict between the terms of this Agreement and any terms
or conditions contained in any attached documents,the terms in this
Agreement shallrule.
D)No waiver or abreach ofthe provision ofthis Agreement shall constitute a
waiver of any subsequent breach of the same or any other provision hereof,
and no waiver shall be effective unless made in writing.
E)Should any provision,paragraph,sentence,word,or phrase contained in
this Agreement be determined by a court of competent jurisdiction to be
invalid,illegal,or otherwise unenforceable under the laws of the State of
Florida,the City of South Miami,or Metropolitan Dade County,such
provision,paragraph,sentence,work,or phrase shall be deemed modified to
the extent necessary in order to conform with such laws,or if not modifiable to
conform with such laws,then same shall be deemed severable,and in either
event,the remaining terms and provisions,of this Agreement shall remain
unmodified andinfullforceand effect.
SECTION S
OWNERSHIP OF DOCUMENTS-
Copies of all documents developed by the CITY under this Agreement shall be
delivered to the COUNTY by the CITY upon expedition of the term hereof and shall be
come the property of the COUNTY,without restriction or limitation on its use.The
COUNTY and the CITY agree that all documents maintained and generated pursuant to
this relationship between the CITY and COUNTY shall be subject to all provisions of the
Public Records Law,Chapter 119,Florida Statutes.All original documents shall be
retained by the city as prescribed by applicable Florida State Statutes..
It is further understood by and between the parties that any information,writings,
contract documents,reports,or any other matter whatsoever which is given by the
COUNTY to the CITY pursuant to this Agreement shall at all time remain the property
of the COUNTY and shall not be used by the CITY for any other purposes whatsoever
withoutthewrittenconsent of the COUNTY.
SECTION 6
NONDELEGABILITY;
The obUgations undertaken by the CITY pursuant to this Agreement shall not be
delegated or assigned to any other person or firm unless the COUNTY shall first consent
in writing to the performance or assignment ofsuch service or any part thereof.
SECTION 7
AUDIT RIGHTS AND INSPECTIONS
At any time during normal business hours as often as the COUNTY,U.S.HUD
and/or the Comptroller General of the United States may deem necessary,there shall be
made available to the COUNTY,U.S.HUD and/or representatives of the U.S.HUD or
Comptroller General to audit,examine and make audits of all contracts,invoices,material,
payroll records of personnel,conditions of employment and other data relating to all
matters covered by this Agreement.The COUNTY reserves the right to audit the records
of the CITY as they pertain to this Agreement,at any time during the performance of this
Agreement and for a period of one year after final payment is made under this Agreement.
The cost of said audit shall be borne by the COUNTY.Said documents and records shall
be maintained by the CITY no less than three (3)years after the termination of this
Agreement.
SECTION 8
AWARD OF AGREEMENT
The CITY warrants that it has not employed or retained any person employed by
the COUNTY to solicit or secure this Agreement and that it has not offered to pay,paid,
or agreed to pay any person employed by the COUNTY any fee,commission percentage,
brokerage fee,or gift of any kind contingent upon or resulting from the award of this
Agreement.
SECTION 9
CONSTRUCTION OF AGREEMENT;
This Agreement shall be construed and enforced according to the laws of the State
ofFlorida.
SECTION 10
This agreement shall be binding upon the parties herein,their successors and
assigns.
SECTION 11
INDEMNnnCATION;
The COUNTY and the CITY shall indemnify and save each other harmless,up>^^
the extent and limits provided by Florida Statutes Section 768.28,fromiajj€hagah«t any
and all claims,liabilities,losses,and causes of action which majytrileout of the COUNTY
and CITY activities under this Agreement,includjng-alUcts or omissions to act on the
part of the COUNTY or on the part^tfieCITY,including any person acting for or in
their behalf,and from an^agamst orders,judgments,or decrees which may be entered,
and from and^gamst all costs,attorneys'fees,expenses and liabilities incurred in the
defense of any such claims or in the investigation thereof.
SECTION 12
CONFLICT OF INTEREST;
The CITY covenants that no person under its employ who presently exercises any
functions or responsibilities in connection with CDBG funded activities,has any personal
financial interest,direct or indirect,in this Agreement.The CITY further covenants that,
in the performance of this Agreement,no person having such conflicting interest shall be
employed.Any such interests on the part of CITY or its employees,must be disclosed in
writingtothe COUNTY.
COUNTY and CITY are aware of the conflict of interest laws of Dade County,
Florida (Dade County Code Section 2-11-1)and the State ofFlorida,and agrees that is
shall fully comply in all respects with the terms of said laws.
SECTION 13
INDEPENDENT CONTRACTOR-
The CITY'S employees and agents shall be deemed to be independent contractors,
and not agents or employees of the COUNTY,shall not attain any rights or benefits under
the Civil Service or Pension Ordinances of the COUNTY,or any rights generally afforded
classified or unclassified employees;further they shall not be deemed entitled to the
Florida Workers'Compensation benefits as an employee ofthe COUNTY.
SECTION 14
TERMINATION OF CONTRACT;
This Agreement may be terminated by either party at any time upon submission of
thirty (30)days prior written notice.
The City Manager for the CITY,and the County Manager for the COUNTY,shall
make the determination whether there is sufficient cause to terminate this Agreement.
SECTION IS
NON-DISCRIMINATTON
The CITY agrees that it shall not discriminate as to race,sex,color,creed,national
origin,age,marital status or handicap in connection with its performance under this
Agreement.CITY further agrees that no otherwise qualified individual shall solely by
reason ofhis/her race,sex,color,creed,national origin,age,marital status or handicap,be
excluded from the participation in,be denied the benefits of,or be subjected to,
discrimination under any program or activity receiving federal financial assistance.
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SECTION 16
CONTINGENCY CLAUSE;
Funding for this Agreement is contingent on the availability offunds and contained
authorization for program activities and is subject to amendment or termination due to
lack of funds or authorization,reduction of funds,and/or changes in regulations.
SECTION 17
DEFAULT PROVISION:
In the event that the CITY shall fail to comply with each and every term and
condition of this Agreement or fails to perform any of the terms and conditions contained
herein,then COUNTY,at its sole option,upon written notice to the CITY may cancel and
terminate this Agreement,and all payments,advances,or other compensation paid to the
CITY by the COUNTY while the CITY was in default ofthe provisions herein contained,
shallbeforthwithreturnedtotheCOUNTY.
SECTION 18
ENTTRE AGREEMENT:
This instrument constitutes the sole and only Agreement of the parties hereto
relating to and correctly setting forth the rights,duties and obligations of each to the other
as of its date.Any prior agreements,promises,negotiations or representations not
expressly setforthinthisAgreementare of noforceor effect.
ASSURANCE AND CERTIFICATIONS:
A)No person in the United States shall,on the grounds of race,color,creed,
national origin,age,sex,marital status,or physical handicap,be excluded from
participation in,be denied the benefits of or be otherwise subjected to
discrimination under this Agreement and shall immediately take any measure
necessary to correct anysuch discrimination cannot occurinthe future.
The parties shall comply with the Housing and Community Development
Act of 1974,as amended,Section 109 of Title VI,of the Civil Rights Act of
1984,Title VH of the Civil Rights Act of 1968,Executive order 11046 and
Section 3of the Housing and Urban Development Act of 1968 [Section
579.303(E)(1)].The parties shall comply with the provisions of the Hatch Act
as amended January 1,1995,which limit the political activity ofemployees.
B)The parties shall establish safeguards to prohibit employees from using their
positions for a purpose that is or gives the appearance of being motivated by
desire for private gain for themselves or others,particularly those with whom
theyhave family,business orother ties.
C)The parties shall comply with the following federal regulations as they may
apply to this project.The regulations are incorporated herein and made a part
hereof by reference:
1)Flood Disaster Protection Act of 1973 (P.L.93-234);HUD Lead-
Based Paint Regulations,24 CFR Part 35;Clean Air Act,as amended,
42USC2875et seq.
2)Federal Water Pollution Control Act,as amended,33 USC 1251 et seq.
3)Regulations of the Environmental Protection Agency,40 CFR,Part 15,
as amended.
4)Federal Labor Standards,10 CFR,Parts,3,5,and 5a of the
Department of Labor.
5)Non-Discrimination Under Title VIof the Civil Rights Acts of 1985.
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6)Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970.
SECTION 20
AMENDMENTS-
No amendments to this Agreement shall be binding on either party unless i;
writing and signed by both parties.
WAIVER
In acceptance of this Agreement,the City of the South Miami Police Department
hereby waives all fees/surcharges for police vehicle usage.
IN WITNESS WHEREOF,the parties hereto have caused this instrument to be
executed by the respective officials duly authorized,this day and year first above written.
in
ATTEST:
A^JJUTjr.
RonettaTaylor
CityClerk
ApprapgcPas toformandcorrectness
—'^^u,/£=*.£^jfsA
Earl Gallop ^
CityAttorney
ATTEST:
HarveyRuvin
CountyClerk
City of South Miami,a Municipal
Corporation ofthe State ofEorida
Mr.L.Dennis Whitt
CityManager
Armando A Vidal
County Manager
.Cokes-Watson,"Jr.~\~
•Acting Chief of Police —
Metropolitan Dade County,a Political
Subdivision ofthe State of"Florida
By:
Approved by County Attorney as to form
and legal sufficiency.
Robert A Ginsburg
County Attorney
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