R98-133RESOLUTION R98-/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH,
FLORIDA AND PALM BEACH COUNTY HOUSING
AUTHORITY, HERINAFTER THE "AUTHORITY"
PROVIDING .FOR THE PROVISION OF
SUPPLEMENTAL POLICE SERVICES TO THE
AUTHORITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Palm Beach County Housing AUthority desires to
contract with the City of Boynton Beach for additional police services in
an amount not to exceed $96,303.00 on a cost reimbursement basis;
and
WHEREAS, additional pOlice services are necessary to assist the
Authority in creating a drug-free and crime-free environment and to
assist the Authority in providing for the safety and protection of the
residents of public housing developments;
WHEREAS, the additional police presence will benefit residents,
enhance community relations, and provide a useful service to the
community; and
WHEREAS, the City Commission has deemed it to be in the best
interests of the residents and citizens of the City of Boynton Beach to
assist the Authority by providing police services at all authority locations
within the city limits of the City of Boynton Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach,
Florida does hereby authorize and direct the Mayor and City Clerk to
execute the Agreement between the City of Boynton Beach, Florida and
the Palm Beach County Housing Authority, a copy of said agreement
being attached hereto as Exhibit "A".
Section 2. This Resolution will become effective immediately
upon passage.
PASSED AND ADOPTED this ,f/ day of August, 1998.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
A~TEST:
ceDs~,\,ag~ .... ts\Palm Beech ~oun~ousing Aumodty
yor Pro Tern
C~missioner
Commissioner
CITY OF BOYNTON BEACH, FL
PALM BEACH COUNTY HOUSING AUTHORITY
Contract for Provision of Supplemental Police Services
This Contract, made and entered into this 't day of~_~ ,1,998, by a,n,d between the
palm Beach County Housing Authority (hereinafter called the Authority ) and the City
of Boynton Beach, FL (hereinafter called the "City") is for the provision of specific
police services associated with the Authority's Security Programs and the Drug
Elimination Grant Program.
WHEREAS, the Authority desires to contract ~adth the City for additional services
to assist in creating a drug-free and crime-free environment and to provide for the safety
and protection of the residents in its public housing developments, and
WHEREAS, the City, by and through its Police Department, desires to assist in
the effort by providing police services at all Authority locations in the City of Boynton
Beach;
NOW THEREFORE, the Authority and the City agree as follows:
ARTICLE I
Scope of Services
SECTION ONE: Services provided by the City
The City agrees the services to be provided by assigned personnel (police and
civilian) under this Contract are in addition to baseline police services. The City agrees
that it will not reduce its current level of police services to the public housing
development, particularly in the areas of community policing, patrol, criminal
investigations, records dispatch and special operations. The manner and method of
performance of services is specified in Article IV, Plan of Operations.
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
one sworn officer to perform specialized patrols to enforce all state and local
laws and the Authority rules in this Contract. Sworn officers shall at all times
remain part of, subject to and in direct relationship with the police
department's chain of command and under police department rules,
regulations and standard operating procedures.
B. The City agrees to assign police officers to targeted areas during specific
periods of time identified by the Authority and agreed upon by the City as
high crime or high workload periods.
C. The City agrees that the police department will employ a community-policing
concept and that the police department's Community Policing Unity (or other
unit whose primary responsibility is to develop and maintain communications
with residents) will assist in developing or enhancing crime prevention
programs in the public housing communities.
D. The City agrees to collect and provide workload data in public housing
communities.
E. It is further agreed that, to the extent necessary, the assigned personnel will
appear as witness :in the Authority's administrative grievance procedure, civil
dispositions, or other civil or court proceedings where the issue includes
criminal or quasi-criminal conduct in or near public housing communities
involving any residents, member of a resident's household, or any quest of a
resident or household member.
F. Without limiting any of the foregoing, the City agrees that, with respect to
services to be performed by any police personnel in accordance with this
Contract, the appropriate police department supervisor will meet with resident
leadership and Authority management representatives on a routine basis to
review enforcement and prevention efforts and plan for future changes or
modifications anticipated. These meetings shall be held on a monthly basis.
G. The City acknowledges that a policy manual exists to regulate police officers'
conduct and activities; all police officers have been provided a copy of the
policy manual; the department has a signed receipt from each officer that
he/she has received and understands the contents of the manual; and personnel
have been trained on the regulations and orders within the manual.
H. The City agrees it will provide the assigned personnel with such basic
equipment as may be necessary and reasonable in order to allow the police
officers to carry out the duties anticipated under this Contract. Any bicycles
or other equipment requested by the Authority shall be furnished at the
expense of and shall remain the property of the Authority.
I. The police department will provide a minimum of sixteen (16) hours of
training on community relations and interpersonal communications skills,
J. The City agrees to provide, at no cost to the Authority, criminal background
cheeks of applicants for public housing. This information will be provided in
a manner consistent with all applicable National Crime Information Center or
State laws and regulations.
K. The police department shall designate a command officer as the
Administration Liaison Officer, who will work in concert with the Authority
Executive Dire~cXor or designate. The Administrative Liaison Officer will
perform the following duties:
1. Coordinate the dissemination and processing of police and security
reports, provide supervisory assistance, coordinate problem
resolution and in carrying out the provisions of this contract.
2. Establish and maintain an ongoing line of communication with
police personnel.
3. Prepare monthly progress reports and evaluations of services
requested and provided under this contract for review by the
Executive Director, Police Chief, appropriate police department
3
staff, community representatives, and political leadership, e.g.
mayor and city council members.
4. Initiate and monitor an ongoing line of communication with
resident with resident leaders to effectively employ the community
policing concept and to address concerns raised by community
leaders in a timely manner.
5. Coordinate security workshops and training seminars for residents.
6. Assist or advise the planning and implementation of other grant-
funded security programs within the Authority.
7. Establish a clearly defined process for reporting non-emergency
criminal activities.
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, there property, or the City's property while on the Authority's
property and acting within the course and scope of their employment.
SECTION TWO: Services provided by the Authority
to
The Authority, in association with the police department, will provide training
to residents, Authority on-site management' staff and the assigned police
personnel with workshops on community policing and crime prevention issues
associated with public housing. This may include, but not be limited to,
training in the following areas:
1. Crime prevention and security responsibilities.
2. Community organization/mobilization against the causes of and precursors
to crime.
3. Drug awareness and .control.
4. Orientating and familiarizing assigned officers with the public housing
communities.
5. Orientation to the contract and compliance with enforcement procedures
and policies.
The Authority will provide the following in-kind accommodations, services,
and equipment:
1. Accommodations: Suitable space to be used as a satellite office at the site
targeted for additional police services.
2. Services: Utilities, routine and extraordinary maintenance by Authority
personnel.
3. Equipment: Mutually agreed upon equipment in connection with the
performance of this contract.
4. Modification/Damage: The Authority will make reasonable modifications
to the accommodations provided in order to meet the City's operational
needs. Any damages to the unit or equipment which are in excess of
normal wear for the particular item or accommodation, and which damage
4
is caused by the City or its employees shall be repaired or replaced by the
City at the discretion of the Authority.
C. The Authority shall provide a semi-annual assessment of the results achieved
as measured against the performance objectives specified in the Plan of
Operations in Article IV of this Contract.
D. The Authority shall reserve the right to reasOnably request the police
department to replace any assigned personnel for the following reasons:
1. Neglect or non-performance of duties.
2. Disorderly conduct, use of abusive or offensive language, or fighting.
3. Criminal action.
4. Selling, consuming, possessing or being under the influence of
intoxicants, including alcohol or illegal substances, while on assignment
to the Authority.
5. Inadequate punctuality or attendance.
6. Substantiated complaints from public housing residents or management
staff.
The Authority shall provide a written enumeration of the reasons for the
request for replacement of the assigned personnel, including documentation
and witnesses to the alleged behaviors, act or omissions.
E. The Authority will utilize Activity Forms for assigned officers to complete.
These will be the forms currently provided by the City.
F. The Authority will provide the City with the applicable rules and regulations
for compliance with this contract.
ARTICLE H
Enforcement of Rules and Regulations
The City's police officers are authorized to give criminal trespass warnings to any
persons found in violation of said rules or regulations, i.e., to give notice to any violators
that their entry on the property or premises is forbidden, and to arrest or cause the arrest
and prosecution of any violators, when appropriate.
A. The City, through its police officers, is empowered to enforce the following
Authority rules and regulations:
1. Unauthorized visitors in unoccupied Authority structures shall be
removed.
2. Unauthorized visitors creating a disturbance or otherwise interfering with
the peaceful enjoyment of lessee on Authority property shall be removed.
3. Unauthorized visitors destroying, defacing or removing Authority
property shall be removed and/or criminal enforcement actions shall be
taken.
B. The City, through its police officers, is hereby empowered to enforce the
following Authority rule or regulations:
The resident and any visitor to Authority property and premises shall refrain
from, and shal'l cause their households to refrain from parking vehicles in
any area other.than parking designated by Authority management.
5
Therefore, the City, through its police officers, is empowered to remove
any and all vehicles found parked in violation of Authority rules and
regulations, pursuant to the Authority parking policy or established City
procedure for impounding vehicles.
C. The City, through its police officers, is hereby empowered to .enforce such
additional Authority rules and regulations and perform other duties as shall
be specified in any addenda attached or incorporated now or in the future.
D. Nothing contained herein shall be construed as permitting or authorizing
police officers to use any method or to act in any manner in violation of law
or of their sworn obligation as police officers.
ARTICLE HI
Communications, Reporting and Evaluation
SECTION ONE: Communications
The City agrees that the Authority will have unrestricted access to all public
information not exempt from disclosure under Chapter 119, Florida Statutes, which in
any way deals with criminal activity in any of the Authority's communities. It is further
agreed that the City police department will provide to the Authority 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 public housing communities.
The City police department, as requested, will provide this information at no cost to the
Authority.
SECTION TWO: Reporting
The police department will require all assigned police officers complete a
monthly log at the conclusion of each shif~ and forward the original report to the
Authority with the monthly report to the Authority's designee. This report will include,
but not be limited to the following data:
B.
C.
D.
E
F.
G.
H.
I.
J.
K.
Hours worked: foot, bicycle, motorized, other
Calls/requests for service
Referrals to City/Authority/other agencies
Suspicious persons/name/description/vehicle license number
Vehicles abandoned/towed/stolen
Drug paraphernalia confiscated/found
Arrests/citations of residents and outsiders including age, sex, ethnicity'
Property stolen/recovered
Counseling of residents and visitors
Broken lights/sidewalks/Graffiti
Conflict resolution of apparent or actual conflict between two or more
persons
Weapons violations/seized
6
The police department will be responsible for media coordination. The police
department will relay to the Executive Director or designate, information related to any
major crime or incident that occurs on Authority property, preferable before the media is
informed, or as soon as possible.
SECTION HI: Evaluation
The City and Authority agree that evaluations shall include: (1) Hours worked as
reported on monthly report; (2) Response time to emergency and non-emergency calls
targeted to communities by City-paid officers; (3) Comparison of crime and workload in
the targeted communities for the past years, including Grant period; (4) arrests including
drug violations; (5) vehicles towed; (6) positive contacts; (7) Referrals; (8) Trespassers
removed; (9) Calls for service; (10) Weapons seized; (11) property stolen/recovered; and
(12) 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 on or near Authority property.
ARTICLE IV
Plan of Operation
The City and Authority shall prepare a detailed plan of operation for use in
combating drug-related crime. The purpose of the plan is to specify the manner and
method of performance by which each of the services identified is to be provided.
The plan will specify the following:
B.
C.
D.
Service goals and minimum performance criteria
Staffing levels
Responsibilities of key personnel
Organization and resources including personnel, equipment and in-kind
support
Hours of operation, to encompass schedules of major tasks and activities
Community interface to evidence the methodology by which resident
involvement will be maintained during the term of this contract
Both parties will prepare the plan for review and acceptance within thirty days of
the date of execution of this Contract. It is understood the Authority may request
reasonable modification to the initial plan of operations, as it deems appropriate. The
Authority must approve the plan in order for payment to commence under this Contract.
If, during the term of the Contract, either party desires to amend the scope of the
plan of operations, either party may request an amendment in writing. The Executive
Director and Chief of Police shall make final determinations regarding the establishment
of an amendment to the plan.
ARTICLE V
Term of Contract
The term of this Contract shall begin on the date of execution of the contract and
end January 1, 2000.
ARTICLE VI
Compensation to the City
Ao
Co
All compensation is to be made on a cost reimbursement basis. The Authority
will reimburse the City for services specified in this Contract in an amount not to
exceed ninety-six thousand three hundred and three dollars ($96,303). This
amount is to reimburse salary, benefits and overtime expenses for the police
officer assigned to perform the duties specified in this contract.
The Authority shall reimburse the police department on a monthly basis; upon
receipt of verification the contracted services have been performed and evidence
of authorized expenditures.
Overtime may be reimbursed for police activities within housing communities for
after hours patrols, stings, or operations necessary to eliminate drug related
criminal activity in the area. Overtime may also be authorized under this Contract
for court appearances or other hearings; however, all overtime is limited by the
total amount specified in A. above. Overtime exceeding the budgeted amount is
to be borne by the City.
The City shall provide copies of certified payroll time reports documenting name,
employee identification, hours worked in public housing communities,
supervisory approval and verification of necessity for any overtime worked for
the officer assigned to this Grant.
The City shall provide verification of overtime hours for other than items
specified in D. above, with thorough documentation the overtime was performed
in the targeted area for the purpose of reducing/eliminating drug related criminal
activity in the area. Requests for reimbursement of these costs must be billed
separately from costs identified in D. above.
All requests for reimbursement are subject to the approval of the Executive
Director or designate. The Authority shall thereafter make payment of the
approved amount within thirty (30) days of receipt of the request for
reimbursement.
ARTICLE VII
Termination
The Authority may terminate this Comract upon thirty- (30) days written notice to
the City. Such notice shall be delivered by Certified Mail, Remm Receipt
Requested, to the address specified in article VIII.
The City may terminate this Comract upon thirty- (30) days written notice to the
Authority. Such notice shall be delivered by Certified Mail, Return Receipt
Requested to the address specified in article VIII.
ARTICLE VIII
Notices
Any notices required pursuant to the terms of this Contract shall be scm by
Certified Mail, Remm Receipt ReqUested, to the principal place of business of each of the
parties hereto, as specified below:
Authority:
Palm Beach county Housing Authority
3432 West 45th Street
West Palm Beach, FL 33407
City:
City of Boymon Beach Police Department
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
ARTICLE IX
Construction of Laws
The Contract shall consist of the following eomponems: A. This Contract;
B. Any subsequem written addenda agreed upon by both parties.
ATTEST:
In Witness Whereof, the CITY has caused these presems to be signed by its
Mayor, attested to by the City Clerk with the Corporate Seal of the said City and
the AUTHORITY has executed these presems the day and year herein before
written.
Signed and Seal and Witnessed
in the presence of.'
Witness - <3
CITY OF BOYNTON BEACH, FL
axaay~r -~' ~
State of Florida )
)SS~
County of Palm Beach)
Personally appeared before me duly authorized to administer oaths
Gerald S. Taylor to me known to be the persons described herein and
who executed the foregoing instrumem and have acknowledged before me and they have
executed same.
Notary Public &~Jkso~ Barbara M. Madden
~, ~ ~,Commission # CC 760467
~ ~' Expires Ju~ I9, 2002
?~- BONDED THRU
~r ,- ATLA~C BONDING cO.. INC.
~y Comission Expires:
ATTEST:
Signed, sealed and witnessed in the
Presence of.'
Witness (J
Witness ~ ,(",)
Approved as to Form:
citY A~~meyT)~v ~
Palm Beach County Housing
Authority
BEx ea~cutF~ e~yeae~ o r
State of Florida )
)SS:
County of Palm Beach)
Personally appeared before me duly authorized to administer oaths Barry. F.
Seaman,. to me known to be the person described herein and who executed the
foregoing instmmem and has acknowledged before me and has executed same.
lq~iary Public
My Commission Expires: o..'_m'~..,~- ~ ~ ~
3432 West 45th Street West Palm Beach, Florida 33407 Phone Main Office (561) 684-2160
: .,--"~,-':7 .... , Fax (561)684-0183
Sue Kruse, CMC / AAE
City Clerk
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach FlOrida 33425-0310
RE: Agreement for the provision of supplemental police services
Dear Ms. Kruse:
Enclosed is a copy of the fully executed agreement.
If you have any questions concerning this, please do not hesitate to
contact me at 684-2160.
Sincerely,
Director of Operations
Enclosure
CC:
Police Chief Gage
Dorothy Davis, Grant Coordinator
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