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HomeMy WebLinkAboutExhibitAGREEMENT FOR THE PROVISION OF ENHANCED POLICE SERVICES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY AREA THIS AGREEMENT, made and entered into this day of 2023, by and between the MIAMI DOWNTOWN DEVELOPMENT AUTHORITY (hereinafter, the "MIAMI DDA") and the CITY OF MIAMI, Florida (hereinafter, the "City"), is for the provision of enhanced police services associated with the special conditions within the Downtown Development Authority Area. WHEREAS, the MIAMI DDA desires to contract with the City for enhanced law enforcement services within a specified area of the City known as the MIAMI DOWNTOWN DEVELOPMENT AUTHORITY AREA (hereinafter, the "MIAMI DDA Area") for the safety and protection of the residents and visitors of the MIAMI DDA 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 MIAMI DDA with enhanced police services within the boundaries of the MIAMI DDA 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 Miami DDA 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 MIAMI DDA 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 four (4) sworn officers as assigned by the Chief of Police. The four (4) sworn officers assigned to this detail shall perform directed patrols and enforce all state and local laws within the MIAMI DDA Area. (b) Sworn officers assigned to the MIAMI DDA Unit 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) While the assigned officers of the MIAMI DDA Unit are within the MIAMI DDA boundaries performing under the terms of this Agreement, 1 said unit shall be separate from general rotation calls for service and non - emergency calls outside the of the MIAMI DDA Area. Accordingly, it is expressly understood by the City, the City's Police Department, and the MIAMI DDA that all on -shift officers of the MIAMI DDA Unit shall remain within the MIAMI DDA Area at all times throughout their respective shift. On -shift officers of the MIAMI DDA Unit shall not be dispatched to a location outside of the MIAMI DDA 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 MIAMI DDA Area, or a Priority 3-15, or when Communications dispatches all units to a major and/or emergency incident that requires three (3) or more units and where a Field Duty Lieutenant has responded and taken over a scene. (d) The City will provide the MIAMI DDA Unit with crime analysis and intelligence information consistent with that provided to other patrol units within the Police Department. This information along with requests for enhanced patrol in a particular area or for a special event received from the Executive Director of the MIAMI DDA or his designee will be used to determine the geographic and temporal deployment of the MIAMI DDA Unit. (e) It is further agreed that, to the extent necessary, the officers assigned to the MIAMI DDA Unit will appear as witnesses in civil depositions, or other civil or criminal court proceedings, where the issue includes criminal or quasi -criminal conduct within the MIAMI DDA Area. (f) (g) The Miami Police Downtown Commander will submit a weekly activity report to the City's Chief of Police and to the Executive Director of the MIAMI DDA. 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 MIAMI DDA. The form and content of the report can be altered as needed to meet the needs of the City or the MIAMI DDA. The City agrees it will provide the assigned personnel of the MIAMI DDA Unit with such basic equipment, at MIAMI DDA's cost and expense, as may be necessary and reasonable in order to allow the police officers in the MIAMI DDA Unit to carry out the duties anticipated under this Agreement. (h) The Police Department will, at all times, provide supervision, control and direction of work activities and assignments of police personnel in the MIAMI DDA Unit, including disciplinary actions. It is expressly understood the Police Department shall be responsible for the compensation and benefits of the officers assigned to the MIAMI DDA Unit, as well as any injury benefits of the officers, their property, or the City's property while in the MIAMI DDA Area and acting within the course and scope of their employment. The day to day operations of the 2 MIAMI DDA Unit will be under the supervision of 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 `MIAMI DDA LIAISON COMMANDER' who will work in concert with the Executive Director of the MIAMI DDA, or his designee. The MIAMI DDA Liaison Commander will perform the following duties: (1) Coordinate the dissemination and processing of police and security reports, coordinate the duties and 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 MIAMI DDA Executive Director and City's Chief of Police. (4) Assist or advise the planning and implementation of other grant - funded security programs within the MIAMI DDA Area. (5) Establish a clearly defined process for reporting non -emergency criminal activities within the MIAMI DDA Area. 2.4 The City will, at all times, provide supervision, control and direction of work activities and assignments of police personnel, including disciplinary actions. It is expressly understood the Police Department shall be responsible for the compensation of the officers and all employee benefits, as well as any injury to officer, their property, or the City's property while in the MIAMI DDA Area and acting within the course and scope of their employment. 3.0 Enforcement of Laws and Regulations. The authorization of the officers assigned to the MIAMI DDA Unit 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 MIAMI DDA Unit 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. 4.0 Communications, Reporting, and Evaluation: 4.1 Communications. The City agrees that the MIAMI DDA 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 MIAMI DDA 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 MIAMI DDA 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 MIAMI DDA Area. 3 4.2 Reporting. The Police Department will require all police officers assigned to the MIAMI DDA Unit to complete a monthly log at the conclusion of each shift and forward the original report to the MIAMI DDA with the monthly report to MIAMI DDA's designee. At the MIAMI DDA 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/MIAMI DDA/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; (j) 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 MIAMI DDA Area to the MIAMI DDA Executive Director, preferable before the media is informed, or as soon as possible. 4.3 Evaluation. The City and MIAMI DDA agree that evaluations of the MIAMI DDA Unit'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; (j) 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 MIAMI DDA Area. 5.0 Plan of Operation. The objectives and plan for achieving enhanced police services within the MIAMI DDA Area shall be as set forth in the City of Miami Police Department Operational Plan and incorporated herein. See "Exhibit A". 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. 4 6.0 Term of Contract. The term of this Agreement shall begin on June 15, 2023, and expire on June 15, 2024. This Agreement is subject to annual renewal upon discretion of the MIAMI DDA Executive Director, subject to available funds, the mutual agreement of the parties to renew, and MIAMI DDA 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. 7.0 Compensation to the City. For services provided, MIAMI DDA shall compensate the City as follows: 7.1 On a monthly basis, the MIAMI DDA shall reimburse the City for services provided at the rate equal to the costs to the City for four (4) police officers, which at the time of entering into this original agreement is approximately $650,000.00. Under this Agreement, the MIAMI DDA shall budget a minimum of that figure to reimburse the City for the cost of salary, benefits, and equipment for four (4) sworn officers. The City will provide the MIAMI DDA with an invoice indicating the monthly compensation, benefits, and expenses paid to the officers and sergeant assigned to the MIAMI DDA Unit. 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 MIAMI DDA shall reimburse the City for the increased amount of compensation and/or benefits paid to the officers and sergeant assigned to the MIAMI DDA Unit. 7.2 Any overtime incurred by an officer assigned to the MIAMI DDA Unit will be paid by the MIAMI DDA on a reimbursement basis. The City will provide the MIAMI DDA with a report of overtime hours on a monthly basis along with an invoice requesting payment. Any invoices provided to the MIAMI DDA will be paid by the MIAMI DDA within 15 days of receipt thereof. The performance of any such overtime must be authorized in advance by the MIAMI DDA. 7.3 On a monthly basis throughout the term of this Agreement, the City shall provide the MIAMI DDA Executive Director with an invoice indicating any equipment reimbursement costs incurred by the City in accordance with this Agreement. 7.4 Notwithstanding anything to the contrary in this Agreement, the total payment under this Agreement shall not exceed Six Hundred Fifty Thousand Dollars and No Cents ($650,000.00). 8.0 Termination: 8.1 The MIAMI DDA 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 9.0 of this Agreement. Upon the termination of this Agreement, or the termination of any subsequent renewals of this Agreement, the MIAMI DDA shall discontinue any use, and shall not have any claim of interest to, all MIAMI DDA Unit vehicles, equipment, uniforms, hardware, software, and any other items purchased pursuant to this Agreement. Upon termination of this Agreement, the MIAMI DDA shall immediately relinquish any interest in all vehicles, equipment, uniforms, and any other police items to the City. 5 8.2 The City may terminate this Agreement upon ninety (90) days written notice to the MIAMI DDA. Such notice shall be delivered Certified Mail with Return Receipt Requested to the MIAMI DDA Director at the address specified in section 9.0 of this Agreement. 9.0 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: MIAMI DDA: CITY: CHRISTINA CRESPI Executive Director Miami Downtown Development Authority 200 S. Biscayne Boulevard, Suite 2929 Miami, Florida 33131 ART NORIEGA V, City Manager City of Miami, Florida 3500 Pan American Drive Miami, Florida 33133 And to: MANUEL MORALES, Chief of Police City of Miami Police Department 400 N.W. 2' 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 10.0 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. 11.0 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. 6 12.0 Modification of Agreement. This Agreement may be modified upon mutual consent of both parties. The Executive Director of the MIAMI DDA may negotiate and enter into additional binding terms or modification of terms to this agreement without prior approval of the MIAMI DDA Board. The modification shall be in writing and executed by the City Manager and the Executive Director of the MIAMI DDA. 13.0 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. 14.0 Governing Law. This Agreement shall be governed by the laws of the State of Florida, with venue lying in Miami -Dade County, Florida. [SIGNATURE PAGE ON THE FOLLOWING PAGE.] 7 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ARTHUR NORIEGA V CITY MANAGER CITY OF MIAMI, FLORIDA Date: 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 CHRISTINA CRESPI MIAMI DDA EXECUTIVE DIRECTOR Date: MANUEL MORALES CHIEF OF POLICE CITY OF MIAMI, FLORIDA MIAMI DDA ATTORNEY CITY OF MIAMI, FLORIDA 8