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HomeMy WebLinkAboutCRA-R-25-0012 Exhibit AFIRST AMENDMENT TO THE AGREEMENT 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 , 2025, by and between the SOUTHEAST OVERTOWN/PARK WEST COMMUNITY 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 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 (hereinafter, the "Services") within the boundary area of the City known as the SEOPW Redevelopment Area. 2.2 The City agrees and understands that the 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 Depaitnient. 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 the Police Department; will provide two (2) sworn BEAT with days off of Sunday, Monday and Tuesday and one off on Thursday, Friday and Saturday. 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 the SEOPW Redevelopment Area during peak days/times. The officers assigned to this detail shall provide enhanced police services (hereinafter, the "SEOPW CRA Detail") to perform directed patrols and enforce all state and local laws within the SEOPW Redevelopment Area consistent with the scope or work 1 outlined in the Police Department's "SEOPW CRA Operational Plan" and incorporated herein by reference. See "Attachment 1" ("SEOPW CRA Operational Plan"). (b) Sworn officers assigned to the SEOPW CRA Detail shall at all times remain subject to the Police Department's chain of command and under the Police Department's policies, regulations, departmental orders, and standard operating procedures. (c) All SEOPW CRA Detail officers and equipment may be outfitted with the logo of the SEOPW CRA to visually identify the detail as SEOPW CRA dedicated police Details. Logos, 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 location outside of the SEOPW Redevelopment 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 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) (g) It is further agreed that, to the extent necessary, the officers assigned to the SEOPW CRA Detail will appear as witnesses in civil depositions, or other civil criminal court proceedings, where the issue includes criminal or quasi -criminal conduct within the SEOPW Redevelopment Area. The SEOPW CRA Detail Sergeant or Support Sergeant will submit weekly After -Action reports 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. 2 (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 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 CRA 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. 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. Establish a clearly defined process for reporting non -emergency criminal activities within the SEOPW Redevelopment Area. 2.4 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 better provide 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(s) within the SEOPW Redevelopment Area). An Officer shall be assigned to the RTCC specifically to monitor the SEOPW Redevelopment Area during peak times, on an overtime basis. (3) (5) 2.5 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 3 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 repaired by the City. (c) Equipment Budget. Starting on October 1, 2023, and on an annual basis thereafter, the parties, through the Chief of Police or their designee and the SEOPW CRA Executive Director, or their designee, 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 eleven (11) 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 Regulations. 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 or 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 n police officer for the City. 5.0 Communications, Reporting, and Evaluation: 5.1 Communications. The City agrees that the SEOPW CRA Executive Director or their designee will have access to all public information not exempt from disclosure under Chapter 119, Florida Statues, 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 to Chapter 119 and to 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 4 report to SEOPW CRA's designee upon request. 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/SEOPW CRA/other agencies; (d) Suspicious persons/name/description/vehicle license number; (e) Vehicles abandoned/towed/stolen; (£) 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 (1) 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, preferably 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 mid 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; and (1) Community feedback. It is further agreed, to facilitate tile 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 the Services within the SEOPW Redevelopment Area shall be as set forth in the Police Department Operational Plan and incorporated herein, as 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, and executed by both parties. 7.0 Term of Contract. The term of this Agreement shall begin on October 1, 2023, and expire on September 30, 2024, or until all funds are expended, whichever occurs first. This Agreement is subject to annual renewal and/or extensions, upon the discretion of the SEOPW CRA Executive Director, 5 subject to available funds, and the mutual agreement of the parties to renew. 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 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 Under this Agreement, the SEOPW CRA shall budget a minimum of that figure to reimburse the City's Police Department for the cost of salary, benefits, and equipment in an amount up to Nine Hundred Fifty -Five Thousand Two Hundred Fifty -Two Dollars and Forty -Three Cents ($955,252.43). 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 of 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 Depaitnient 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. 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, subject to available funding, under this Agreement shall not exceed Nine Hundred Fifty -Five Thousand Two Hundred Fifty -Two Dollars and Forty -Three Cents ($955,252.43). 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 or 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, uniform, 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 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: 6 To the SEOPW CRA: JAMES D. MCQUEEN, Executive Director SEOPW Community Redevelopment Agency 819 N.W. 2nd Avenue, 3rd Floor Miami, Florida 33136 To the CITE WITHA COPY TO: VINCENT T. BROWN, ESQ., Legal Counsel SEOPW Community Redevelopment Agency 819 N.W. 2nd Avenue, 3' Floor Miami, Florida 33136 ART NORJEGA 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. 2nd Avenue Miami, Florida 33128 GEORGE K. WYSONG, ESQ., City Attorney Office of the City Attorney 400 N.W. 2nd Avenue Miami, Florida 33130 GWysong@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, 7 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 NORJEGA CITY MANAGER CIT OF MIAMI, FLORIDA TODD B. HANNON CITY CLERK CITY OF MIAMI, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: JAMES D. MCQUEEN SEOPW CRA EXECUTIVE DIRECTOR MANUEL MORALES CHIEF OF POLICE CITY OF MIAMI, FLORIDA GEORGE K. WYSONG, ESQ. VINCENT T. BROWN, ESQ. CITY ATTORNEY SEOPW CRA COUNSEL CITY OF MIAMI, FLORIDA CITY OF MIAMI, FLORIDA APPROVED AS TO INSURANCE REQUIREMENTS 8 ANN-MARIE SHARPE RISK MANAGEMENT CITY OF MIAMI, FLORIDA Counterparts and Electronic Signatures: This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be original and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission) which signatures shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 9