Loading...
HomeMy WebLinkAbout25466AGREEMENT INFORMATION AGREEMENT NUMBER 25466 NAME/TYPE OF AGREEMENT MIAMI DOWNTOWN DEVELOPMENT AUTHORITY DESCRIPTION PROFESSIONAL SERVICES AGREEMENT/ENHANCED POLICE SERVICES WITHIN THE DDA/FILE ID: 16738/R-24- 0430/MATTER ID: 24-2762K/#49 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 1/24/2025 DATE RECEIVED FROM ISSUING DEPT. 2/19/2025 NOTE a5q." AGREEMENT FOR THE PROVISION OF ENHANCED POLICE SERVICES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY AREA THIS AGREEMENT, made and entered into this day of , 2024, 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 650 labor hours of dedicated police services per month as assigned by the Chief of Police. These police services will be utilized to 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) The Miami Police Downtown Commander will submit a weekly activity report to the City's Chief of Police and to the CEO/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. (g) 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 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 CEO/Executive Director of the MIAMI DDA, or his/her 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 CEO/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 CEO/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 CEO/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 CEO/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, 2024, and expire on June 15, 2025. This Agreement is subject to annual renewal upon discretion of the MIAMI DDA CEO/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 6501abor hours of dedicated police services, 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. 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 CEO/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 CEO/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: GEORGE WYSONG, City Attorney Office of the City Attorney 444 S.W. 2 Avenue Suite 945 Miami, Florida 33130 gwvsong@miamigov.com 10.0 Construction of Laws. The agreement between the parties shall consist of the teens contained in this Agreement and any subsequent written addendum agreed upon and executed by both parties pursuant to the laws of Florida. 11.0 Severabilitv. 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 begoverned 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: //e alzr- D B. HA NO CITY CLERK CITY OF MIAMI, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: EORGE K. WYSONG III CITY ATTORNEY CITY OF MIAMI, FLORIDA (JCP / 24-2762K - DDA - Enhanced Police Services) APPROVED AS TO IRANCE REQUIREMENTS: ANN-MARIE SHARPE RISK MANAGEMENT CITY OF MIAMI, FLORIDA CITRISTINA CRESPI MIAMI DDA CEO/EXECUTIVE DIRECTOR 4k Date: I \ 3 % 1102Z' MANUEL MORALES CHIEF OF POLICE 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 an 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 signature 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. 8 e=ti • i RESOLUTION NO. 012/2024 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIAMI .WNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA ("MIAMI DDA"), WITH ATTACHMENT(S), AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH THE CITY OF MIAMI, FLORIDA ("CITY"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO PROVIDE ENHANCED POLICE SERVICES WITHIN THE GEOGRAPHIC BOUNDARIES OF THE MIAMI DDA AS DETAILED IN THE MIAMI POLICE DEPARTMENT DOWNTOWN NEIGHBORHOOD DDA PLAN OF OPERATION ATTACHED AND INCORPORATED HEREIN, ("EXHIBIT A") IN AN AMOUNT NOT TO EXCEED SIX HUNDRED AND FIFTY THOUSAND DOLLARS ($650,000.00); FURTHER AUTHORIZING THE CEO/EXECUTIVE DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE, SUBJECT TO CITY ATTORNEY APPROVAL AND MIAMI DDA BUDGET APPROVAL. WHEREAS, on December 16, 2022, the Board of Directors of the Miami DDA approved Resolution 045/2022 authorizing Enhanced Police Services within Downtown Miami for the safety and protection of the residents and visitors of Downtown Miami; and WHEREAS, the Miami DDA desires to continue its agreement with the City for the provision of enhanced law enforcement services within the geographic boundaries of the Miami DDA; and WHEREAS, the enhanced patrol program is meant to improve public safety by providing services, including but not limited to, foot and/or motorized patrol and community policing techniques; and WHEREAS, the Downtown Development Authority of the City of Miami, Florida's ("Miami DDA") 2025 Downtown Miami Master Plan Goals include enhancing community services by creating great streets and community spaces, such as providing enhanced security and police presence; and WHEREAS, Miami DDA finds that the adoption of this Resolution will improve the health, safety, and welfare of the citizens, business owners, and visitors of the Miami DDA; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Board of Directors of the Miami DDA authorizes the CEO/Executive Director to negotiate and execute an agreement with the City of Miami to provide enhanced police services, as detailed in Exhibit A, in an amount not to exceed $650,000.00 per year and to negotiate and execute all other documents, including any amendments, renewals, and extensions, subject to allocations, appropriations and prior budgetary approval, all in forms acceptable to the City Attorney, as may be necessary for said purpose. Section 3. This Resolution shall become effective immediately upon its adoption. • • APPROVED AS TO FORM AND CORRECTNESS. PASSED AND ADOPTED this 17 day of May, 2024. d "—a - ✓ICC a K E7 i f1 «IDS Commissioner Manolo Reyes, Chairman Christi Crespi, CEO/Executive Director A 1, {/ of/ Ivonne de la Vega Secretary to the Board of Directors Exhibit "A" Miami Police Department Downtown Neighborhood DDA Plan of Operation Manuel A. Morales Chief of Police SITUATION The City of Miami Police Department is committed to reducing crime and maintaining the highest possible quality of life for residents, visitors, and businesses. The continued growth of Miami's Downtown Neighborhood has introduced a constantly evolving set of law enforcement challenges and community concerns which demand a flexible, adaptive approach for effective resolution. Therefore, with the assistance of the Downtown Development Authority (DDA), an additional 650 hours of police services per month will be provided within the DDA's boundaries. The specific police services provided by the Miami Police Department will vary depending on crime trends in the area and community concerns as communicated by the DDA. DELIBERATE ACTION PLAN The Miami DDA Liaison Commander or his designee will meet weekly with the Executive Director of the DDA or his designee to: • Review the activity report from the preceding week • Discuss crime and quality of life issues impacting the Downtown community within the geographic boundaries of the DDA • Discuss repeat offenders and other relevant safety information appropriate for community dissemination The Miami DDA Liaison Commander will assign police personnel to address the issues identified in the meeting over the course of the following week. The total number of police service hours assigned in this manner shall not exceed 650 in any single month without the express authorization of the DDA. Examples of police services assigned to the area include, but are not limited to: • High Visibility Directed Patrols • Traffic Enforcement Operations • Bicycle Operations • Follow-up Investigations on Significant Cases • Surveillance Operations As the Downtown community's needs are dynamic, specialized Miami Police units will be utilized as necessary to achieve weekly operational objectives. Unit specializations which may be utilized include, 1 • • but are not limited to: • Uniform Patrol • Beats • Problem Solving Team • Bicycle Response Team • Traffic Enforcement Detail (Motors) • General Investigations Unit • Robbery Unit • Violent Crime Unit • Gang Unit • Felony Apprehension Team • Real Time Crime Center At the conclusion of each week, the Miami DDA Liaison Commander or his designee will submit a report to the DDA detailing the week's operational activities and outcomes. CONTINGENCY PLAN In the event a critical incident occurs, the first responding officer arriving on the scene will take immediate action and will be the Incident Commander until relieved by a higher -ranking officer. The Incident Commander and/or Supervisor will request assistance from the Communications Bridge and will request to merge the working channel(s) as needed to ensure efficient communication between responding units and first responders. The Incident Commander and/or Supervisor will ensure all protocols are implemented and notifications are made as dictated per MPD Departmental Orders and policies. The Event Commander will reassign officers to any location that is determined to be possibly problematic, and/or where areas of concerned are viewed. Officers will be strategically placed to provide a visible police presence. The Event Commander will request all resources necessary to control any incident. If an arrest is made, all prisoners will be transported to the prisoner processing area in a timely manner. The officers conducting the arrest will be responsible with completing all administrative paperwork relating to the arrest. On -duty patrol officers will be called for transport if the detention wagon detail is not available. Emergency Contingency (Traffic) Full traffic ingress shut down into the immediate area in the event of a critical incident. Full egress of all personnel/pedestrians away from the venue and/or immediate incident location — minimum 300 feet on all directions. A request for patrol units to be dispatched to the event location for a shutdown will be made by the event commander. Notification will be made to MDPD and/or FHP working adjacent traffic areas to inform of any protestors blocking roadways and/or entering highways Notifications will be made to the Communications Bridge in case ingress/egress of additional resources and/or first responders is necessary. Radio Communications Failure 2 • • • Supervisors will assign a predesignated location for roving personnel to respond to receive additional instructions. • All officers are to remain at stationary posts and will be checked by the event supervisor(s) to relay further instructions. • The Event Commander will coordinate plans through the CP/UCP with police personnel and with security companies/event staff at the venue so that alternative means of communication can be established.