HomeMy WebLinkAboutExhibitAGREEMENT FOR THE PROVISION OF ENHANCED POLICE SERVICES
WITHIN THE SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AREA
THIS AGREEMENT, made and entered into this day of
, 2021, by and between the SOUTHEAST OVERTOWN/PARK WEST
COMMDETAILY REDEVELOPMENT AGENCY (hereinafter, the "SEOPW CRA") and the
CITY OF MIAMI, Florida (hereinafter, the "City"), is for the provision of enhanced police
services associated with the special conditions within the Southeast Overtown/Park West
Community Redevelopment Area..
WHEREAS, the SEOPW CRA desires to contract with the City for enhanced law
enforcement services within a specified area of the City known as the SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AREA (hereinafter, the
"SEOPW Redevelopment Area") for the safety and protection of the residents and visitors of the
SEOPW Redevelopment Area located within the City; and
WHEREAS, the City, by and through its police department, the CITY OF MIAMI
POLICE DEPARTMENT (hereinafter, the "Police Department"), desires to assist in the effort by
providing the SEOPW CRA with enhanced police services, as defined in Section 2, within the
boundaries of the SEOPW Redevelopment Area.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other goods and valuable considerations, the receipt and adequacy of which are
acknowledged, the SEOPW CPA and the City agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated
into this Agreement.
2.0 Services Provided by the City:
2.1 The City agrees to provide enhanced police services within the boundary area of
the City known as the SEOPW Redevelopment Area.
2.2 The City agrees and understands that the enhanced police services under the
terms of this Agreement, by and through the police officers assigned to this detail, are
supplemental to general patrol within the area and for the purpose of providing enhanced baseline
police services by the City's Police Department.
2.3 The duties and extent of services of the assigned personnel shall include, but
shall not be limited to:
(a) The City, by and through its Police Department, will provide two (2)
sworn BEAT Officers, one of whom will have days off on Sunday,
Monday, & Tuesday, and the other with days off on Thursday, Friday, &
Saturday. Both BEAT Officers will be on duty on Wednesdays. There
will also be a minimum of one Officer working during the peak days and
times identified by our crime analyst. There will also be an officer or
civilian assigned to the Real Time Crime Center to monitor the cameras
within Overtown during peak days/times. See `Attachment V (SEOPW
CRA OPERATIONAL PLAN).
(b) Sworn officers assigned to the SEOPW CRA Detail shall at all times
remain subject to the City of Miami Police Department's chain of
command and under the City of Miami Police Department's policies,
rules, regulations, departmental orders, and standard operating
procedures.
(c} All SEOPW CRA Detail officers and equipment will be outfitted with
the logo of the SEOPW CRA to visually identify the detail as SEOPW
CRA dedicated police Details. Logos, or lapel pins and other identifying
materials, equipment, or features shall be subject to the final approval of
the City's Chief of Police.
(d) While the assigned officers of the SEOPW CRA Detail are within the
SEOPW CRA boundaries performing under the terms of this Agreement,
said Detail shall be separate from general rotation calls for service and
non -emergency calls outside of the SEOPW Redevelopment Area.
Accordingly, it is expressly understood by the City, the City's Police
Department, and the SEOPW CRA, that all on -shift officers of the
SEOPW CRA Detail shall remain within the SEOPW Redevelopment
Area at all times throughout their respective shift. On -shift officers of
the SEOPW CRA Detail shall not be dispatched to a Iocation outside of
the SEOPW Redevelopment Area unless Communications advises of a
Signal 29 (Robbery), Signal 30 (Shooting), a Signal 31 (Homicide),
Signal 32 (Assault or Battery), or Signal 33 (Sex Offense) in the
immediate surrounding areas of the SEOPW Redevelopment Area and
with approval of the Overtown Sergeant, a Priority 3-15, or when
Communications dispatches all Details to a major and/or emergency
incident that requires three (3) or more Details and where a Field Duty
Lieutenant has responded and taken over a scene.
(e) The City will provide the SEOPW CRA Detail with crime analysis and
intelligence information consistent with that provided to other patrol
Details within the Police Department upon request. This information
along with requests for enhanced patrol in a particular area or for a
special event received from the SEOPW CRA Executive Director or his
designee will be used to determine the geographic and temporal
deployment of the SEOPW CRA Detail.
(f) It is further agreed that, to the extent necessary, the officers assigned to
the SEOPW CRA Detail will appear as witness in civil depositions, or
other civil or criminal court proceedings, where the issue includes
criminal or quasi -criminal conduct within the SEOPW Redevelopment
Area.
(g) The SEOPW CRA Detail Sergeant or Support Sergeant will submit a
weekly After -Action report to the City's Chief of Police and to the
SEOPW CRA Executive Director. The report will indicate the areas and
times of deployment during the week, any special events in which the
detail participated, and any significant incidents which should be brought
to the attention of the Police Department and the SEOPW CRA. The
form and content of the report can be altered as needed to meet the needs
of the City or the SEOPW CRA.
(h) The City agrees it will provide the assigned personnel of the SEOPW
CRA Detail with such basic equipment, at the SEOPW CRA's cost and
expense, as may be necessary and reasonable in order to allow the police
officers in the SEOPW CRA Detail to carry out the duties anticipated
under this Agreement.
(i) The Police Department will, at all times, provide supervision, control,
and direction of work activities and assignments of police personnel in
the SEOPW CRA Detail, including disciplinary actions. It is expressly
understood the Police Department shall be responsible for the
compensation and benefits of the officers assigned to the SEOPW CRA
Detail, as well as any injury benefits of the officers, their property, or the
City's property while in the SEOPW Redevelopment Area and acting
within the course and scope of their employment. The day to day
operations of the SEOPW CRA Detail will be under the supervision of
the assigned sergeant. The assigned sergeant will report to the command
officer so designated by the City's Chief of Police.
(j) The City's Chief of Police shall designate a command officer to serve as
the `SEOPW CPA LIAISON COMMANDER' who will work in concert
with the SEOPW CRA Executive Director, or his designee. The
SEOPW CRA Liaison Commander will perform the following duties:
(1) Coordinate the dissemination and processing of police and
security reports, coordinate the duties, responsibilities and
function of the detail in a problem -solving team capacity,
provide supervisory assistance, coordinate problem resolution,
and carry out the provisions of this Agreement.
(2) Establish and maintain an ongoing line of communication with
City's police personnel.
(3) Prepare monthly reports in accordance with Section 5.2 of this
Agreement for review by the SEOPW CRA Executive Director
and City's Chief of Police.
(4) Assist or advise the planning and implementation of other grant -
funded security programs within the SEOPW Redevelopment
Area.
(5) Establish a clearly defined process for reporting non -emergency
criminal activities within the SEOPW Redevelopment Area.
2.5 The City shall operate a closed-circuit television (hereinafter, "CCTV") camera
system within the Real Time Crime Center (RTCC for purposes of allowing the City's Police
Department to provide enhanced policing services with an ability to instantly monitor and/or
record video images in an effort to prevent crime, conduct investigations, or apprehend
individuals committing crime within the SEOPW Redevelopment Area.) An Officer shall be
assigned to the RTCC specifically to monitor Overtown during peak times, on an overtime basis.
This will be reimbursed by the:
(a) The City's Police Department agrees to operate, and maintain, at its own risk
and expense, all camera equipment, hardware, or software.
3.0 Services Provided by the CRA:
3.1 The SEOPW CRA will provide the following in -kind accommodations, services,
and equipment:
(a) Equipment. The SEOPW CRA shall reimburse the City for the purchase
of all equipment and vehicles allocated for the SEOPW CRA Detail. All
equipment and vehicles reimbursed by the SEOPW CRA shall be for the
sole use of the officers assigned to the SEOPW CRA Detail. Any
specialized police equipment, including but not limited to, all weapons,
uniforms, surveillance tools, and patrol vehicles allocated to the SEOPW
CRA will become the property of the City, for use by its Police
Department, upon termination of this agreement.
(b) Modification/Damage. The SEOPW CRA shall reimburse the City for
reasonable modifications to the equipment provided in order to meet the
City's operational needs and Police Department's standards. Any
damages to SEOPW CRA Detail patrol vehicles or equipment which are
in excess of normal wear and tear for the particular item or equipment,
and which damage is caused by the City or its employees shall be
repaired or replaced by the City.
(c) Equipment Budget. Starting on October 1', 2022, and on an annual basis
thereafter, the parties, through the Chief of Police or his designee and the
SEOPW CRA Executive Director, agree to discuss a proposed
Equipment Budget for the forthcoming budget year in order to satisfy the
terms of Section 8 of this Agreement. The Equipment Budget shall
include costs for employee compensation, replacement equipment
maintenance of equipment, and operation costs for equipment.
Additional equipment costs, including maintenance and operational
costs, may be amended and reflected in a mutually agreed amendment
during the current term of this Agreement or upon extension to this
Agreement. The parties acknowledge and understand that throughout the
term of this Agreement and any extension thereof, equipment and/or
vehicles may be in need of replacement. In addition to the total budget
of this Agreement and subject to the prior approval of the SEOPW CRA
Executive Director, the City may purchase additional necessary, new, or
replacement equipment, and be reimbursed by the SEOPW CRA with
prior written approval from the SEOPW CRA Executive Director.
3.2 The SEOPW CRA Liaison Commander shall provide a semi-annual assessment
of the results achieved as measured against the performance objectives specified in the SEOPW
CRA Police Operational Plan referenced in Section 6.0 of this Agreement.
4.0 Enforcement of Laws and ReLyulations. The authorization, of the officers
assigned to the SEOPW CRA Detail, to enforce the laws of the United States, the State of
Florida, and the Code of the City of Miami are unaffected by the terms of this Agreement.
Similarly, nothing contained herein shall be construed as permitting or authorizing SEOPW
CRA Detail police officers to use any method or to act in any manner in violation of law or of
their sworn obligation as a police officer for the City.
5.0 Communications, Reporting, and Evaluation:
5.1 Communications. The City agrees that the SEOPW CRA Executive Director
will have access to all public information not exempt from disclosure under Chapter 119, Florida
Statutes, which in any way deals with criminal activity in the SEOPW Redevelopment Area
covered by this Agreement. It is further agreed that, upon request pursuant Chapter 119 and at the
statutory rate, the City's Police Department will provide the SEOPW CRA Executive Director
with copies of such incident reports, arrest reports, or other public documents which document or
substantiate actual or potential criminal activity in or connected with the SEOPW Redevelopment
Area.
5.2 Reporting. The Police Department will require all police officers assigned to the
SEOPW CRA Detail to complete a monthly log and forward the original report to the SEOPW
CRA with the monthly report to SEOPW CRA's designee upon quest. At the SEOPW CRA
Liaison Commander's discretion, this report may include, but not be limited to, the following
data:
(a) Hours worked;
(b) Calls/requests for service;
(c) Referrals to City/SEOPWCRA/other agencies;
(d) Suspicious persons/name/description/vehicle license number;
(e) Vehicles abandoned/towed/stolen;
(f) Drug paraphernalia confiscated/found;
(g) Arrests/citations;
(h) Property stolen/recovered;
(i) Assistance to residents and visitors;
0) Broken lights/sidewalks/graffiti;
(k) Conflict resolution of apparent or actual conflict between 2 or more
persons; and
(j) Weapons violations/seized.
The City's Police Department will be responsible for media coordination. The City's
Police Department will relay information related to any major crime or incident that occurs within
the SEOPW Redevelopment Area to the SEOPW CRA Executive Director, preferable before the
media is informed, or as soon as possible.
5.3 Evaluation. The City and the SEOPW CRA agree that evaluations of the
SEOPW CRA Detail's overall performance shall include:
(a) Hours worked as reported on monthly report;
(b) Response time to emergency and non -emergency calls;
(c) Comparison of crime and workload in the targeted area for the past
years;
(d) Number of arrests including drug violations;
(e) Number of crimes solved;
(e) Vehicles towed;
(f) Positive contacts;
(g) Referrals;
(h) Trespassers removed;
(i) Calls for service;
0) Weapons seized;
(k) Property stolen/recovered;
(1) Community feedback.
It is further agreed, to facilitate the evaluation, the City will provide comparable crime
information for the City as a whole to facilitate the evaluation to include what proportion of
activities City-wide occur within or near the SEOPW Redevelopment Area.
6.0 Plan of Operation. The objectives and plan for achieving enhanced police
services within the SEOPW Redevelopment Area shall be as set forth in the City of Miami Police
Department Operational Plan and incorporated herein. See `Attachment 11. If, during the term
of this Agreement, either party desires to amend the scope of the Plan of Operation, either party
may request, for consideration by the other party, an amendment in writing.
7.0 Term of Contract. The term of this Agreement shall begin on October 1, 2021,
and expire on September 30, 2022. This Agreement is subject to annual renewal upon discretion
of the SEOPW CRA Executive Director, subject to available funds, the mutual agreement of the
parties to renew, and SEOPW CRA Board approval. The parties understand that on an annual
basis, the budget amount for providing enhanced services may vary based on negotiations and
agreement of estimated costs to the City in providing enhanced police services under this
Agreement and the costs of new or replacement equipment.
8.0 Compensation to the City. For services provided, SEOPW CRA shall
compensate the City as follows:
8.1 See Attachment One. Under this Agreement, the SEOPW CRA shall budget a
minimum of that figure to reimburse the City for the cost of salary, benefits, and equipment for
seven (7) sworn officers. The City will provide the SEOPW CRA with an invoice indicating the
monthly compensation, benefits, and expenses paid to the officers and sergeant assigned to the
SEOPW CRA Detail. Compensation, benefits, and expenses include all expenditures on the part
of the City associated with employing the officer. If, during the term of this Agreement, any pay
increases are distributed to the City's Police Department pursuant to collective bargaining
negotiations or any other type of pay increase, then the SEOPW CRA shall reimburse the City for
the increased amount of compensation and/or benefits paid to the officers and sergeant assigned
to the SEOPW CRA Detail.
8.2 Any overtime incurred by an officer or sergeant assigned to the SEOPW CRA
Detail will be paid by the SEOPW CRA on a reimbursement basis. The City will provide the
SEOPW CRA with a report of overtime hours on a monthly basis along with an invoice
requesting payment.
6
8.3 On a monthly basis throughout the term of this Agreement, the City shall provide
the SEOPW CRA Executive Director with an invoice indicating any equipment reimbursement
costs incurred by the City in accordance with this Agreement.
8.4 Notwithstanding anything to the contrary in this Agreement, the total payment
under this Agreement shall not exceed Six Hundred Thousand Dollars and No Cents
($600,000.00).
9.0 Termination:
9.1 The SEOPW CRA may terminate this Agreement upon ninety (90) days written
notice to the City. Such notice shall be delivered by Certified Mail with Return Receipt
Requested to the city officials and addresses specified in section 10.0 of this Agreement. Upon
the termination of this Agreement, or the termination of any subsequent renewals of this
Agreement, the SEOPW CRA shall discontinue any use, and shall not have any claim of interest
to, all SEOPW CRA Detail vehicles, equipment, uniforms, hardware, software, and any other
items purchased pursuant to this Agreement. Upon termination of this Agreement, the SEOPW
CRA shall immediately relinquish any interest in all vehicles, equipment, uniforms, and any other
police items to the City. Upon the termination of this Agreement, or the termination of any
subsequent renewals of this Agreement, ownership of the CCTV camera equipment and/or any
related hardware or software shall remain with the City. Further, the SEOPW CRA shall
immediately discontinue use of the CCTV camera equipment, unless otherwise agreed upon by
the parties hereto.
9.2 The City may terminate this Agreement upon ninety (90) days written notice to
the SEOPW CRA. Such notice shall be delivered Certified Mail with Return Receipt Requested
to the SEOPW CRA Director at the address specified in section 10.0 of this Agreement.
10.0 Notices. Any notices required pursuant to the terms of this Agreement shall be
sent via electronic mail (City e-mail) of each of the parties hereto, as specified below:
CRA:
CORNELHJS SHIVER
Executive Director
SEOPW Community Redevelopment Agency
819 N.W. 2°dAvenue, 3' Floor
Miami, Florida 33136
ANNA-BO EMMANUEL,
Chief Legal Counsel
SEOPW Community Redevelopment Agency
819 N.W. 2°dAvenue, 3rd Floor
Miami, Florida 33136
Aemmanuel@miamigov.com
CITY: ART NORIEGA V,
City Manager
City of Miami, Florida
3500 Pan American Drive
Miami, Florida 33133
And to:
MANUEL MORALES
Interim Chief of Police
City of Miami Police Department
400 N.W. 2nd Avenue
Miami, Florida 33128
WITH A
COPY TO: VICTORIA MENDEZ,
City Attorney
Office of the City Attorney
444 S.W. 2 Avenue
Suite 945
Miami, Florida 33130
vmendez@miamigov.com
11.0 Construction of Laws. The agreement between the parties shall consist of the
terms contained in this Agreement and any subsequent written addendum agreed upon and
executed by both parties pursuant to the laws of Florida.
12.0 Severability. If any provision of this Agreement or application thereof to any
person or situation shall to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest extent permitted by law.
13.0 Modification of Agreement. This Agreement may be modified upon mutual
consent of both parties. The SEOPW CRA Executive Director may negotiate and enter into
additional binding terms or modification of terms to this agreement without prior approval of the
SEOPW CRA Board. The modification shall be in writing and executed by the City Manager and
the SEOPW CRA Executive Director.
14.0 Binding Authority. Each person signing this Agreement on behalf of either
party individually warrants that he or she has full legal power to execute this Agreement on
behalf of the party for whom he or she is signing, and to bind and obligate such party with respect
to all provisions contained in this Agreement.
15.0 Governing Law. This Agreement shall be governed by the laws of the State of
Florida, with venue lying in Miami -Dade County, Florida.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first written above.
Art Noriega
CORNELIUS SHIVER
CITY MANAGER
CITY OF MIAMI, FLORIDA
Date:
Attest:
TODD B. HANNON
CITY CLERK
CITY OF MIAMI, FLORIDA
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
VICTORIA MENDEZ
CITY ATTORNEY
CITY OF MIAMI, FLORIDA
APPROVED AS TO INSURANCE
REQUIREMENTS:
ANN-MARIE SHARPE
RISK MANAGEMENT
CITY OF MIAMI, FLORIDA
SEOPW CRA
EXECUTIVE DIRECTOR
Date:
MANUEL MORALES
INTERIM CHIEF OF POLICE
CITY OF MIAMI, FLORIDA
ANNA-BO EMMANUEL
SEOPW CRA CHIEF LEGAL COUNSEL
CITY OF MIAMI, FLORIDA