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HomeMy WebLinkAboutCRA-R-15-0043 Backup DocumentAGREEMENT FOR THE PROVISION OF ENHANCED POLICE SERVICES WITHIN THE OMNI CRA AREA THIS AGREEMENT, made and entered into this day of , 2015, by and between the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY (hereinafter, the "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 Omni Community Redevelopment Area (hereinafter, the "Omni CRA Area"). WHEREAS, the CRA desires to contract with the City for enhanced law enforcement services within a specified area of the City known as the Omni CRA Area for the safety and protection of the residents and visitors of the Omni CRA 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 CRA with enhanced police services within the boundaries of the Omni CRA 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 CRA 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 Omni CRA 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 a minimum of six (6) sworn officers, consisting of one (1) police sergeant and five (5) police officers, as assigned by the Chief of Police. The six (6) sworn officers assigned to this detail shall provide enhanced police services in a Problem Solving Team capacity (hereinafter, the "CRA Unit"). Additionally, the City will secure six (6) patrol vehicles for the sole use of the CRA Unit to perform directed patrols and enforce all state and local laws within the Omni CRA Area. See `Attachment 1' (OMNI CRA DETAIL — OPERATIONAL PLAN 2015-2016). (b) Sworn officers assigned to the CRA Unit shall at all times remain subject to the City Police Department's chain of command and under the City 1 Police Department's policies, rules, regulations, departmental orders, and standard operating procedures. (c) All CRA Unit officers and equipment will be outfitted with the logo of the CRA to visually identify the detail as CRA dedicated police units. Uniforms, logos, 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 CRA Unit are within the Omni CRA boundaries performing under the terms of this Agreement, said unit shall be separate from general rotation calls for service and non -emergency calls outside the of the Omni CRA Area. Accordingly, it is expressly understood by the City, the City's Police Department, and the CRA that all on -shift officers of the CRA Unit shall remain within the Omni CRA Area at all times throughout their respective shift. On -shift officers of the CRA Unit shall not be dispatched to a location outside of the Omni CRA Area unless Communications advises of a Signal 29 (Robbery), Signal 30 (Shooting), Signal 31 (Homicide), Signal 32 (Assault or Battery), or Signal 33 (Sex Offense) in the immediate surrounding areas of the Omni CRA Area and with approval of the CRA Unit Sergeant, 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. (e) The City will provide the CRA Unit with crime analysis and intelligence information consistent with that provided to other patrol units within the Police Depaitnient. This information along with requests for enhanced patrol in a particular area or for a special event received from the Executive Director of the CRA or his designee will be used to determine the geographic and temporal deployment of the CRA Unit. (f) (g) It is further agreed that, to the extent necessary, the officers assigned to the CRA 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 Omni CRA Area. The CRA Unit Sergeant will submit a weekly activity report to the City's Chief of Police and to the Executive Director of the Omni CRA. 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 CRA. The form and content of the report can be altered as needed to meet the needs of the City or the CRA. (h) The City agrees it will provide the assigned personnel of the CRA Unit with such basic equipment, at the CRA's cost and expense, as may be necessary and reasonable in order to allow the police officers in the CRA Unit 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 2 CRA 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 CRA Unit, as well as any injury benefits of the officers, their property, or the City's property while in the CRA Area and acting within the course and scope of their employment. The day to day operations of the CRA Unit 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 'OMNI CRA LIAISON COMMANDER' who will work in concert with the Executive Director of the CRA, or his designee. The Omni CRA 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 the City's police personnel. (3) Prepare monthly reports in accordance with Section 5.2 of this Agreement for review by the CRA Executive Director and the City's Chief of Police. (4) Assist or advise the planning and implementation of other grant - funded security programs within the Omni CRA Area. (5) Establish a clearly defined process for reporting non -emergency criminal activities within the Omni CRA 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 CRA Area and acting within the course and scope of their employment. 2.5 The City shall operate a closed-circuit television (hereinafter, "CCTV") camera system within the Omni CRA Area 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 CRA Area. (a) The City's Police Department shall operate, and maintain, at its own risk and expense, all camera equipment, hardware, or software. (b) The City agrees to provide the CRA Executive Director with access to a live video feed, for viewing only, from the cameras installed within the Omni CRA Area. If practical, the City's Police Department will transmit 3 the video feed to the CRA Office, hosted on the Police Department's secured network. The City may temporarily suspend access to a live video feed of the cameras installed within the Omni CRA Area for any period it deems necessary in order to preserve and protect the integrity of an investigation and/or for any safety -related reasons within the Omni CRA Area. The City agrees to provide live video image feeds to the CRA at no charge. 3.0 Services Provided by the CRA: 3.1 The CRA will provide the following in -kind accommodations, services, and equipment: (a) Accommodations. The CRA may provide office and storage space for the CRA Unit if such space is available. In the event office or storage space is provided, the CRA will be responsible for all utilities and expenses associated with the space. (b) Equipment. The CRA shall reimburse the City for the purchase of all equipment and vehicles allocated for the CRA Unit. All equipment and vehicles reimbursed by the CRA shall be for the sole use of the officers assigned to the CRA Unit. Any specialized police equipment, including but not limited to, all weapons, uniforms, surveillance tools, and patrol vehicles allocated to the CRA will become the property of the City, for use by its Police Department, upon termination of this agreement. (c) Modification/Damage. The CRA will make reasonable modifications to the equipment provided in order to meet the City's operational needs and the Police Department's standards. Any damages to CRA Unit 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. (d) Equipment Budget. Starting on October 1st, 2015, and on an annual basis thereafter, the parties, through the Chief of Police or his designee and the Omni 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 replacement equipment or vehicles, maintenance of equipment or vehicles, and operation costs for equipment or vehicles. Additional equipment or vehicle 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 Omni CRA Executive Director, the City may purchase additional necessary, new, or replacement equipment with full reimbursement from the CRA. 4 3.2 The Omni CRA Liaison Commander shall provide a semi-annual assessment of the results achieved as measured against the performance objectives specified in the Omni CRA Police Operational Plan referenced in Section 6.0 of this Agreement. 4.0 Enforcement of Laws and Regulations. The authorization of the officers assigned to the CRA 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 CRA 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. 5.0 Communications, Reporting, and Evaluation: 5.1 Communications. The City agrees that the Omni 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 Omni CRA 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 Omni 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 Omni CRA Area. 5.2 Reporting. The Police Department will require all police officers assigned to the CRA Unit to complete a monthly log at the conclusion of each shift and forward the original report to the CRA with the monthly report to the CRA's designee. At the Omni 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/CRA/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 two (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 Omni CRA Area to the Omni CRA Executive Director, preferably before the media is informed, or as soon as possible. 5.3 Evaluation. The City and the CRA agree that evaluations of the CRA Unit's overall performance shall include: (a) Hours worked as reported on monthly report; (b) Response time to emergency and non -emergency calls; 5 (c) Comparison of crime and workload in the targeted area for the past years; (d) Number of arrests including drug violations; (e) Vehicles towed; (f) Positive contacts; (g) Referrals; (h) Trespassers removed; (i) Calls for service; (j) Weapons seized; (k) Property stolen/recovered; and (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 Omni CRA Area. 6.0 Plan of Operation. The objectives and plan for achieving enhanced police services within the Omni CRA Area shall be as set forth in the City Police Depaitinent's 'OMNI CRA DETAIL OPERATIONAL PLAN 2015-2016' and incorporated herein. See `Attachment 1'. 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, 2015, and expire on September 30, 2016. This Agreement is subject to annual renewal upon discretion of the Omni CRA Executive Director, subject to available funds and the mutual agreement of the parties to renew, without the need for further approval by the Board of Commissioners of the CRA or the City Commission. 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, the CRA shall compensate the City as follows: 8.1 On a monthly basis, the CRA shall pay the City for services provided at the rate equal to the costs to the City for one (1) police sergeant and five (5) police officers, which at the time of entering into this agreement is approximately $710,000.00. Under this Agreement, the CRA shall budget a minimum of that figure, in addition to any carry-over funds from the previous year's CRA Detail budget for the provision of enhanced police services within the Omni CRA area, to reimburse the City for the cost of salary, benefits, and equipment for six (6) sworn officers. The City will provide the CRA with an invoice indicating the monthly compensation, benefits, and expenses paid to the officers and sergeant assigned to the CRA 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 CRA shall reimburse the City for the increased amount of compensation and/or benefits paid to the officers and sergeant assigned to the CRA Unit. 8.2 Any overtime incurred by an officer or sergeant assigned to the CRA Unit will be paid by the CRA. The City will provide the CRA with a report of overtime hours on a monthly 6 basis along with an invoice requesting payment. Any invoices provided to the CRA will be paid by the CRA within 15 days of receipt thereof. 8.3 On a monthly basis throughout the term of this Agreement, the City shall provide the Omni CRA Executive Director with an invoice indicating any equipment reimbursement costs incurred by the City in accordance with this Agreement. The CRA shall pay each invoice and any balance due to the City within 15 days of receipt thereof. 9.0 Termination. 9.1 The 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 CRA shall discontinue any use, and shall not have any claim of interest to, all CRA Unit vehicles, equipment, uniforms, camera equipment, hardware, software, access to CCTV feed, and any other items purchased pursuant to this Agreement. Upon termination of this Agreement, the CRA shall immediately relinquish any interest in all vehicles, equipment, uniforms, and any other police items to the City. 9.2 The City may terminate this Agreement upon ninety (90) days written notice to the CRA. Such notice shall be delivered Certified Mail with Return Receipt Requested to the CRA Executive 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: PIETER A. BOCKWEG, Executive Director Omni Redevelopment District Community Redevelopment Agency 1401 North Miami Avenue, Second Floor Miami, Florida 33136 pbockweg@miamigov.com CITY: DANIEL J. ALFONSO, City Manager City of Miami, Florida 3500 Pan American Drive Miami, Florida 33133 dj alfonso@miamigov.com And to: RODOLFO LLANES, Chief of Police City of Miami Police Department 400 N.W. 2nd Avenue Miami, Florida 33128 Rodolfo.11anes@miami-police.org 7 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 Executive Director of the CRA may negotiate and enter into additional binding terms or modification of terms to this Agreement without prior approval of the CRA Board of Commissioners. The modification shall be in writing and executed by the City Manager and the Executive Director of the Omni CRA. 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. DANIEL J. ALFONSO CITY MANAGER CITY OF MIAMI, FLORIDA Date: PIETER A. BOCKWEG OMNI CRA EXECUTIVE DIRECTOR CITY OF MIAMI, FLORIDA Date: 8 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 RODOLFO LLANES CHIEF OF POLICE CITY OF MIAMI, FLORIDA 9