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HomeMy WebLinkAboutBack-Up DocumentsMEMORANDUM TO: Honorable Chairman Jean Monestime and Members, Board of County Commissioners FROM: R. A, Cuevas, Jr. . County Attorney Agenda item No, 8 (K) (1) DATE: June .30, 2015 SUBJECT: Resolution approving terms and conditions of Memorandum of Understanding between Miami -Dade County and the City of Miami; approving terms and conditions of Community Space Lease Agreement between Miami -Dade County and the City of Miami in accordance with. Section 125.38, Florida Statutes and Resolution Nos. R-287-89, R-891-02, R-296-99, and 8-753- 13; and authorizing the County Mayor (1) to execute such Memorandum of Understanding and Community Space Lease Agreement for the purpose of leasing community space located within the Liberty Square Public Housing Development for use by the City of Miami Police Department as a police substation, subject to the United States Department of blousing and Urban Development's approval, if necessary, and (2) to exercise amendment, renewal and termination clauses contained. therein The accompanying resolution was prepared by Public Housing and Community Development Department and placed on the agenda at the request of Prime Sponsor Connnissioner Audrey M. Edmonson, R. A. Crias, I. County Attorney RAC/cp Memorandum 'PA"' Date: ,June 30, 2015 To: Honorable Chairman Jean Mon( and Members, Board of Cotmty From: Carlos A. Gimenez Mayor 4e� Subject: Recommendation. for Approval and AufliSrization to Execute a Memorandum of Understanding and a Community Space Lease Agreement between the County and the City of Miami for the Purpose of Leasing a Community Space Located within the Liberty Square Public Housing Development for use by the City of Miami Police Department Recommendation It is recommended that the Board of County Commissioners ("Board") adopt the attached resolution to: • Approve the terms and condition of a Memorandum of Understanding between Miami - Dade County ("County") and the City of Miami ("City") for the purpose of leasing a community space located within the Liberty Square public housing development ("Liberty Square") for use by the City of Miami Police Department ("Police Department") as a police substation, subject to the United States Department of Housing and Urban Development's approval, if necessary; • Approve the terms and conditions of a Community Space Lease Agreement between the County and the City in accordance with Section 125..38, Florida Statutes and Resolution Nos, R-287-89, R-891-02, R-296-99, and R-753-13; and Authorize the County Mayor or the County Mayor's designee to execute- such Memorandum of Understanding and Community Space Lease Agreement, -and further authorize the County Mayor or the County Mayor's designee to exercise amendment, renewal and termination clauses contained in such Memorandum of Understanding and Community Space Lease Agreement. Scope/Delegation of Authority This resolution -authorizes the execution of a Memorandum of Understanding and a Community Space Lease Agreement between the County and the City for the purpose of providing a police substation within the Liberty Square public housing development for use by the Police Department, and authority to exercise amendment and termination clauses contained in such Memorandum of Understanding and Community Space Lease Agreement. The Property is located in Commission District 3, represented by Commissioner Audrey M. Edmonson. Fiscal Impact/Funding Source To accommodate the Police Department's substation, approximately $70,000.00 will be used from the Department's Capital Funds grant, which will cover the cost of retrofitting the community space in order to accommodate the police substation. Additionally, the department will use approximately $450,000.00 of the Depa'rtment's public housing operating funds to pay Honorable Chairman Jean Monestime and Members, Board of County Commissioners Page No. 2 for the services of the. off-duty police officers hired by the Department as described herein and other incidentals, such as utilities, janitorial services and major and minor repairs. Track Record/Monitor This project will be monitored by Julie Edwards, Director of Asset Management for the Public Housing and Community Development Department ("Department"). Back rg ound The Department is addressing residents' and connmunity concerns about the violence in and around Liberty Square public housing development by making a substantial investment in security enhancements as part of the Liberty City Rising initiative. A substantial upgrade has been made to the existing cameras, such as software and wireless system capacity for police laptops and cell phones, and five (5) additional cameras bave been added throughout the site, for a total of 26. These cameras are installed on 40 -foot poles with remote capability and higb resolution, high speed wireless transmission, high zoom capability, and are vandal resistant. On March 1, 2015, the Department hired off-duty police officers from the Police Department to patrol Liberty Square in the overnight hours during the week (two shifts) and 24 -hours on weekends (three shifts). In addition, the Department will establish a police substation at Liberty Square for use by the Police Department, which is the subject of this resolution. On May 19, 2015, the Board adopted Resolution No. R-453-15 approving the Fiscal Year 2015- 16 Annual Public Housing Agency 5 -Year and Annual Plan ("Plan"). The Plan contemplates that the County would increase security at high crime public housing sites, such as Liberty Square, by providing non-public housingunits for use by police officers, subject to approval from the United States Depar anent of Housing and Urban Development ("Housing and Urban Development"). On -August 12, 2014, Housing and Urban Development authorized the County to set aside two (2) public housing units to be leased to police officers. Subsequent to the receipt of Housing and Urban Development's approval, the Department decided that instead of leasing public housing units, the Department would lease a community space located within Liberty Square to the City to establish the police substation. -In light of this new direction, the Department will seek further approvals from -Housing and Urban Development, if required, Meanwhile, the County and the City, have reached an agreement, which is codified in the proposed Memorandum. of Understanding and Community Space Lease Agreement for the establishment of the police substation. The City intends to seek approval of both agreements from the City Commission. Assuming that the City Commission and this Board approve execution of the two (2) agreements, it is anticipated that the police substation will be opened and begin operation within 45 to 60 days from the effective date of the resolution. The following are the important terms of the Memorandum of Understanding and Community Space Lease Agreement: • the City will provide off-duty police officers to patrol Liberty Square at the County's cost; the police will monitor security camera video at public housing sites located within the City's geographical boundaries that have security camera systems;. • the County will provide public housing space located within Liberty Square to the Police Department. Honorable Chairman Jean Monestime and Members, Board of County Commissioners Page No. 3 • the County will cover the cost of all utilities; and • the County will indemnify and hold harmless the City. Attachment Russell Benford, Deputy Mayor MEMORANDUM (Revised) TO: Honorable Chairman Jean Monestime and Members, Board of County Commissioners FROM: R. A. Cvas, Jr.. County Attorney Please note any items checked. DATE: ,Tune 30, 2015 SUBJECT: Agenda Item No. 8 (K) (1) "3 -Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeps notification to municipal officials required prior io public Bearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee review Applicable legislations requires more than a majority vote (i.e., 2/3's 3/5's , unanimous ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required V-- Approved Mayor Agenda Iter No. 8 (K) (1) Veto 6-30-15 Override RESOLUTION NO. RESOLUTION APPROVING TERMS AND CONDITIONS OF MEMORANDUM OF UNDERSTANDING BETWEEN MIAMI- DADE COUNTY AND THE CITY OF MIAMI; APPROVING TERMS AND CONDITIONS OF COMMUNITY SPACE LEASE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI IN ACCORDANCE WITH SECTION 125.38, FLORIDA STATUTES AND RESOLUTION NOS. R-287-89, R- 891-02, R-296-99, AND R-753-13; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR'S DESIGNEE (1) TO EXECUTE SUCH MEMORANDUM OF UNDERSTANDING AND COMMUNITY SPACE LEASE AGREEMENT FOR THE PURPOSE OF LEASING COMMUNITY SPACE LOCATED WITHIN THE LIBERTY SQUARE PUBLIC HOUSING DEVELOPMENT FOR USE BY THE CITY OF MIAMI POLICE DEPARTMENT AS A POLICE SUBSTATION, SUBJECT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S APPROVAL, IF NECESSARY, AND (2) TO EXERCISE AMENDMENT, RENEWAL AND TERMINATION CLAUSES CONTAINED THEREIN WHEREAS, Miami -Dade County (the "County") and the City of Miami (the "City") desire to enter into a Memorandum of Understanding and Community Space Lease Agreement, copies of which are attached hereto as Attachment A and Exhibit A to the Memorandum of Understanding, respectively, for the purpose of establishing a police substation to be located within the Liberty Square public housing development ("Liberty Square"); and WHEREAS, this Board finds that having a police presence at Liberty Square, which has seen a rise in violent criminal activity, serves a public purpose and ensures for the health, safety and welfare of residents of Liberty Square and the surrounding community; and WHEREAS, pursuant to Resolution Nos. R-287-89, R-891-02 and R-296-99, which were subsequently amended by Resolution No. R-753-13, this Board has delegated to the County Agenda Item No. 8 (K) (1. ) Page No. 2 Mayor or the County Mayor's designee the authority to execute community spaced, lease agreements, which are authorized by the federal regulations promulgated by United States Department of Housing and Urban Development, with community-based not -for profit organizations, Section 3 businesses and other governmental entities to provide much needed supportive social services for the residents of public housing, including but not limited to meals programs, recreation activities, child care services and educational services; and WHEREAS, pursuant to Resolution No. R-753-13, this Board also approved a form community space lease agreement; and WHEREAS, this Board desires to enter into the Memorandum of Understanding and Community Space Lease Agreement with the City; and WHEREAS, this Board finds that, consistent with Section 125.38, Florida Statutes, the City requires the community space for the purpose of establishing a police substation at Liberty Square, that such use promotes the comrnuYity interest and welfare, and the community space is .not otherwise needed for County purposes; and WHEREAS, this :Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference, NOW, THEREFORE', BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that; Section 1. The matters contained in the foregoing recitals axe incorporated in this Resolution by reference. Section 2. This Board (1) approves the terms and conditions of the Memorandum of Understanding, in substantially the form attached hereto as Attachment A, and incorporated herein by reference; (2) in accordance with Section 125.38, Florida Statutes, and Resolution Nos. Agenda Item No. 8(K) (1) Page No. 3 R-287-89, R-891-02 and R-296-99 and Resolution No. R-753-13, approves the terms and conditions of the Community Space Lease Agreement, in substantially the form attached hereto as Exhibit A to the Memorandum of Understanding, and. incorporated herein by reference; (3') and authorizes the County Mayor or the County Mayor's designee to execute such Memorandum of Understanding and Community Space Lease Agreement, for the purpose of leasing a cormnunity space located within the Liberty Square public housing development for use by the City of Miami Police department as a police substation, subject to the United States Department of Housing and Urban Development's approval, if necessary, and approval of the County Attorney's Office. The Board further authorizes the County Mayor or the County Mayor's designee to exercise amendment, renewal and termination clauses contained in such Memorandum of Understanding and Community Space Lease Agreement on behalf of Miami - Dade County, Florida. Section 3. This Board directs the Coutity Mayor or the County Mayor's designee, pursuant to Resolution No. R-791-14, to provide an executed copy of the Community Space. Lease Agreement to the Property Appraiser within 30 days of its execution. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded. by Commissioner and upon being put to a vote, the vote was as follows: Jean Monestizne, Chairman Esteban L. Bovo, Jr., Vice Chairman Bruno A. Barreiro Daniella Levine Cava Jose "Pepe" Diaz Audrey M. Edrnonson Sally A. Heyman Barbara J. Jordan Dennis C. Moss R.ebeca Sosa Sen. Javier D. Souto Xavier L. Suarez Juan C. Zapata Agenda Item. No. 8 (K) (I. ) Page No. 4 The Chairperson thereupon declared the resolution duly passed and adopted this 30`h day of June, 2015. This resolution shall become effective upon the earlier of (1) 10 days after the date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon an override by this Board, or (2) approval by the County Mayor of this Resolution and the filing of this approval with the Clerk of the Board. MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK- Deputy LERK I'M Approved by County Attorney as,y,, to form and legal sufficiency. Vim' Terrence A. Smith Deputy Clerk