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R04-127 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R04- I ~"1 A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR ADDITIONAL POLICE SERVICES WITHIN THE AREA KNOWN AS HEART OF BOYNTON BEACH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon ~ecommendation of staff, deems it to be in the best interests of the residents and citizens ~f the City of Boynton Beach to approve the Agreement between the City of Boynton 3each and Boynton Beach Community Redevelopment Agency; and WHEREAS, Boynton Beach Community Redevelopment Agency will provide )lhe funding for the personnel and equipment needed for the additional police services to !~e downtown and marina districts along with the Heart of Boynton area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION )F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and ncorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does ~ereby approve the Agreement between the City of Boynton Beach and the Boynton 3each Community Redevelopment Agency, a copy of said Agreement is attached hereto Ls Exhibit "A". 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 2 Section 3. That this Resolution shall become effective immediately upon 3 passage. 4 PASSED AND ADOPTED this ~ day of August, 2004. [ ~_TTEST: 7i~Clerk ICorporate Seal) Service Agreement CITY OF BOYNTON BEACH, FLORIDA "yorVf ~ ~Commisaio~er ',, . - Requested City Commission Meeting Dates [] August 3, 2004 [] August 17, 2004 [] September 7, 2004 [] September 21, 2004 VI.-CONSENT AGENDA ITEM C. 2 CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FOx, try, c/-/Sk '7 Date Final Form Must be Turned in to CiW Clerk's Office (Noon.) July 19, 2004 (Noon) August 2, 2004 (Noon) August 16, 2004 (Noon) September 7, 2004 Requested City Commission Meeting Dates [] October 5, 2004 [] October 19, 2004 [] November 3, 2004 [] November 16, 2004 Date Final Form Must be Turned in to City Clerk's Office (Noon) September 20, 2004 (Noon) October 4, 2004 (Noon) October 18, 2004 (Noon) November 1, 2004 NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Approval of a contract between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the provision of additional police services within the area known as the "Heart of Boynton" and the Central Business District. EXPLANATION: The Community Redevelopment Agency is requesting that the police department provide four sworn officers along with two marked patrol vehicles and four patrol bicycles. The personnel and equipment will be utilized to provide additional police services to the downtown and marina districts along with the "Heart of Boynton" area. The personnel and equipment will supplement the current level of police patrol in these areas and add personnel to the police department's authorized strength and inventory of equipment. The CRA will provide the funding for the personnel and equipment in accordance with paragraph 8.1 and Exhibit "B" of the contract. PROGRAM IMPACT: Provide additional police personnel and services for the Heart of Boynton and the downtown and marina districts. FISCAL IMPACT: No fiscal impact. ALTERNATIVE S>~Jg$ntinue/~J/~'"'~c~ with current level of police ~services in the area. ~9,~, tur~'~~~ Department Head's Signature ~/',~City e Marshall l~agq Chief of Police Department Name {/ City Attorr~/Finance / Human Resources S:'~BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC AGREEMENT FOR THE PROVISION OF SUPPLEMENTAL POLICE SERVICES Heart of Boynton District and Central Business District THIS AGREEMENT, made and entered into this __ day of ,2004, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter "CRA") and the CITY OF BOYNTON BEACH, Florida (hereinafter "City") is for the provision of specific police services associated with the special conditions within the Heart of Boynton District and the Central Business District, both areas being located within the City's Community Redevelopment Area; WHEREAS, the CRA desires to contract with the City for additional police/law enforcement services within the areas of the City known as the Heart of Boynton District and the Central Business District for the safety and protection of the residents of and visitors to these areas of the City of Boynton Beach; and WHEREAS, the City, by and through its Police Department, desires to assist in the effort by providing supplemental police services within the Heart of Boynton and Central Business Districts in the Community Redevelopment Area. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, 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. I The City agrees to provide supplemental police services within the areas of the City of Boynton Beach knoWn as the Heart of Boynton District and the Central Business D/strict ("Districts"), said areas being more particularly depicted in Composite Exhibit "A" attached hereto and incorporated herein. 2.2 The City agrees the services to be provided by assigned personnel (police and civilian) under the Contract are supplemental and in addition to baseline police services. The City agrees that it will not reduce its current level of police services within the Heart of Boynto.n and Central Business Districts, 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 this Agreement and in the Index Codes and Plan of Operations specifically referred to in Section 6.0 of this Agreement. 2.3 The duties and extent of services of the assigned personnel shall include, but shall not be limited to: Page 1 H:\1990\900182.BBL~_GMTXPolice Supplemental Services to CRA.doc Rev. 07-08~34 (a) (c) (d) (f) (g) (h) (i) (J) The City, by and through its police department, will provide a minimum of four (4) sworn officers, as assigned by City, with two (2) marked squad cars and .four (4) patrol bikes to perform specialized patrols to enforce all state and local laws with the Districts. 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. All officers and equipment will be outfitted with distinguishable uniforms and the logo of the CRA to visually identify the enforcement teams as CRA Special Units. Uniforms, logos and other identifying materials, equipment, or features shall be subject to the final approval of the Chief of Police of City. While the CRA Special Units are within the CRA boundaries performing under the terms of this Agreement, said units shall be separate from general rotation and non-emergency calls in other parts of the City. The City agrees to collect and provide workload data in the Districts. It is further agreed that, to the extent necessary, the assigned personnel will appear as witness in civil dispositions, or other civil or court proceedings where the issue includes criminal or quasi-criminal conduct within the Districts. 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 Agreement, the appropriate City police department supervisor will meet with CRA leadership and management representatives on a routine basis to review enforcement and prevention efforts. The City acknowledges that a Book of Index Codes ("Manual'') exists to regulate police officers' 'conduct and activities; all police officers have been provided a copy of the 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. The City agrees it will provide the assigned personnel with such basic equipment, at CRA's cost and expense, as may be necessary and reasonable in order to allow the police officers to carry out the duties anticipated under this Agreement. Any bicycles or other equipment requested by the CRA, if approved by the Chief of Police of City, or determined to be necessary by the Chief of Police of City shall be furnished at the expense of the CRA, as reflected in and in accordance with section 3.1 (c) of this Agreement. Page 2 H:\1990\900182.BB'~kGMT~Police Supplemental Services to CRA.doc Rev. 07-08-04 (k) The City police department shall designate a command officer as the Administration Liaison Officer, who will work in concert with the CRA Executive Director 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 Agreement. (2) Establish and maintain an ongoing line of communication with City police personnel. (3) Prepare monthly reports in accordance with section 5.2 of this Agreement for review by the CRA Executive Director, City Police Chief, approPriate police department staff, community representatives, and political leadership, e.g. mayor, city commission members, members of the CRA Board. (4) Initiate and monitor an ongoing line of communication with resident leaders to effectively employ the community policing concept and to address concerns raised by community leaders in a timely manner. (5) Assist or advise the planning and implementation of other grant-fimded security programs within the CRA. (6) Establish a clearly defined process for reporting non-emergency criminal activities. 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 on the CRA's property and acting within the course and scope of their employment. 3.0 Services provided by the CRA. 3.1 equipment: The CRA will provide the following in-kind accommodations, services, and (a) Accommodations. When suitable space becomes available or the structure housing CRA offices is built, CRA shall provide a satellite office to be used by the City officers assigned to the CRA. (b) Services. Utilities, routine and extraordinary maintenance by CRA personnel. Page 3 H:\1990\900182.BBLAGMT~olice Supplemental Services to CRA.doc Rev. 07-08-04 (c) Equipment. Equipment shall be mutually agreed upon equipment in connection with the performance of this Agreement, as reflected in the attached Exhibit "B" and supplemented fi.om time to time upon the agreement of the Chief of Police of City and the CRA. All such Equipment, unless specifically provided herein, shall be purchased by the CRA for and on behalf of the City. All Equipment set forth in Exhibit "B" and as provided for in this Agreement, other than the bicycles and patrol vehicles, shall be purchased by and be owned by the City, and the City shall be reimbursed for the cost of such Equipment. The CRA shall purchase the bicycles and patrol vehicles using technical specifications provided by City, and agrees to the lease the bicycles and patrol vehicles to the City for the annual sum of $1.00 per year, to be paid at the beginning of each lease term. Equipment shall be operated and maintained by the City, at the cost and expense of the CRA, in accordance with Police Department procedures and policies. (d) Modification/Damage. The CRA will make reasonable modifications to the Equipment 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 Equipment, and which damage is caused by the City or its employees shall be repaired or replaced by the City. (e) Equipment Budget. Starting in July 2004, on an annual basis in July, the parties, through the Chief of Police or his designee and the CRA Executive Director, agree to discuss a proposed Equipment budget for the upcoming budget year. This Equipment budget shall include new Equipment, replacement Equipment, maintenance costs for Equipment, and operation costs for Equipment (including gasoline). The projected Equipment costs, including maintenance and operation may be reflected in a mutually agreed upon extension to this Agreement. The parties acknowledge and understand that throughout the term of this Agreement and any extension thereof, Equipment may be in need of replacement. In addition to the projected Equipment costs for the Equipment set forth in Exhibit "B", subject to the prior approval of the CRA Executive Director, City may purchase up to $20,000 in necessary new or replacement Equipment. 3.2 The CITY shall provide a semi-annual assessment of the results achieved as measured against the performance objectives specified in the Plan of Operations as provided in the Index Codes referenced in Section 6.0 of this Agreement. 4.0 Enforcement of Rules and Regulations. The authorization of the City's police officers to enforce the laws of the united States, the State of Florida, Palm Beach County, and the City of Boynton Beach are unaffected by the terms of this Agreement. Nothing contained herein shall be construed as permitting or authorizing City police officers to use any method or to act in any manner in violation of law or of their sworn obligation as police officers. 5.0 Communications, Reporting and Evaluation. Page 4 H:\1990\900182.BBL~kGMTXPolice Supplemental Services to CRA.doc Rev. 07-08-04 5.1 Communications. The City agrees that the CRA xvill have 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 CRA's communities covered by this Agreement. It is further agreed that, upon request and at the statutory rate, the City police department will provide to the CRA 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 Districts. 5.2 Reporting. The City police department will require all assigned police officers 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. This report will include, but not be limited to, the following data: (a) (b) (c) (d) (e) (g) (h) (i) 0) (k) (1) Hours worked Calls/requests for service Referrals to City/CRA/other agencies Suspicious persons/name/description/vehicle license number Vehicles abandoned/towed/stolen Drug paraphernalia confiscated/found Arrests/citations Property stolen/recovered Assistance to residents and visitois Broken lights/sidewalks/Graffiti Conflict resolution of apparent or actual conflict between two or more persons Weapons violations/seized The City police department will be responsible for media coordination. The City police department will relay to the CRA Executive Director or designate, information related to any major crime or incident that occurs within the Districts, preferable before the media is informed, or as soon as possible. 5.3 Evaluation. The City and CRA agree that evaluations shall include: (a) Co) (c) (d) (e) (0 (g) (h) 0) (J) (k) (1) hours worked as reported on monthly report response time to emergency and non-emergency calls targeted to communities by City-paid officers comparison of crime and workload in the targeted communities for the past years arrests including drug violations vehicles towed positive contacts referrals trespassers removed calls for service weapons seized property stolen/recovered community feedback. Page 5 H:\1990\900182.BBXakGMTXPolice Supplemental Services to CRA.doc Rev. 07-084)4 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 CRA property. 6.0 Plan of Operation. The Plan of Operation for supplemental police services within the District shall be as set forth in the Index Codes for the City Police Department which are incorporated herein and in the document entitled, "Plan of Operations for CRA Special District Officers", is attached hereto and incorporated herein as Exhibit "C". If, during the term of the 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 Contract shall begin on July ,2004, and end September 30, 2004, subject to annual renewal upon the mutual agreement of the parties. The parties understand that on an annual basis the contract amount under this Agreement may vary based on the negotiation and agreement of the costs to the City to provide services under this Agreement and the costs of new and replacement Equipment. 8.0 Compensation to the City. For services provided, CRA shall compensate the City as follows: 8.1 CRA shall pay City on a monthly basis for services provided at the rate equal to the costs to the City for four (4) officers plus an additional ten (10%) percent for administrative costs. Any overtime costs shall also be billed a the rate cost plus ten (10%) percent. Costs as referenced in this section include all wages, salary, overtime, FICA, Life Insurance, Disability Insurance, Health Insurance, Dental Insurance, Pension, Workers Compensation, and any other benefit paid or provided by City. For the balance of the 2003/2004 Fiscal Year (October 1, 2003-September 30, 2004), the CRA shall pay the City an amount not- to-exceed $65,000.00. For the 2004/2005 Fiscal Year, (October 1, 2004-September 30, 2005), if this Agreement is renewed by the CRA and City, the CRA shall pay the City an amount not-to- exceed $325,000.00. The not-to-exceed amounts shall be negotiated between the parties for any renewal of extension of this Agreement. Not-to-exceed amounts, as referred to in this Agreement, do not include overtime costs arising out of special events and activities within the Community Redevelopment Areas, and such costs for services requested by the CRA shall be reimbursed to the City by the CRA. 8.2 On a monthly basis throughout the term of this Agreement, City shall provide CRA with an invoice displaying the City's cost to provide officer services as referenced in Section 8.1 and any Equipment reimbursement costs incurred by the City in accordance with this Agreement. CRA shall pay each invoice and any balance due City within fifteen (15) days of receipt thereof. 8.3 Upon request of the CRA, the City shall provide copies of certified payroll time reports documenting name, employee identification, hours worked under this Agreement, supervisory approval and verification of necessity for any overtime worked for the officers assigned to this detail. Page 6 H:\1990Lg00182.BB~GMTXPolice Supplemental Services to CRA.doc Rev. 07-08-04 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, Return Receipt Requested, to the address specified in section 10.0 9.2 The City may terminate this Agreement upon ninety (90) days written notice to the CRA. Such notice shall be delivered Certified Mail, Return Receipt Requested to the address specified in section 10.0. 10.0 Notices. Any notices required pursuant to the terms of this Agreement shall be sent by Certified Mail, Return Receipt Requested, to the principal place of business of each of the parties hereto, as specified below: CRA Executive Director Boynton Beach Community Redevelopment Agency 639 East Ocean Avenue, Suite 207 Boynton Beach, Florida 33435 CITY: City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 And to: Police Chief City of Boynton Beach Police Department 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 11.0 Construction of Laws. The Agreement shall consist this Agreement and any subsequent written addenda agreed upon by both parties. 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 the parties only in writing, and executed with the same dignity herewith. 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 Page 7 H:\1990~900182.BB~GMT~Police Supplemental Services to CRA.doc Rev. 07-08-04 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 Palm Beach County, Florida. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. Signed and Seal and Witnessed in the presence off Witnes's~ ATTEST: Signed, sealed and wimessed in the Presen~ off CITY OF BOYNTON BEACH, FL City Manager C~TY MANAGER BOYNTON BEACH, FL roved as to Fom~ CRA Page 8 H:\1990\900182.BB~AGMT~Police Supplemental Services to CRA.doc Rev. 07-08-04 Heart of BoYnton Ama I in. = 664;5 feet 0 0000000 00000~0 0 0 O0 O00 0 0 0 0 ~0 0 C) 0 0 0 0 0 0 0 0 0 0 0 0 C ~ 0 0 0 0 J Plan of Operations for CRA Special District Officer Exhibit C ~'he Special District Officer will fulfill duties consistent with that of a crime prevention officer, high profile community policing officer, directed patrol officer and the traditional neighborhood patrol officer. The Special District Officer may walk a beat, ride a bike 'or operate a marked vehicle; however, they are Charged with forming a partnership with our community therefore, extensive biking and foot patrol are highly recommended. Frequent and direct interaction with children, adults, business owners, community leaders, etc. is a necessity. Officers are responsible for developing .strategic plans to fulfill their objectives and follow through, using a significant amount of operational latitude. Problem solving for all issues, not just~''police related" .issUes is. a requirement. Hours of operation will be 11.5 hours a day with flexible start and' end times based on community's input for need, crime statistics, and officer evaluation of the situational circumstances. Officers will wear the designated CRA uniforms, utilize the CRA funded equipment, and operate within the set' CRA boundaries as set forth in the contract. Officers will comply with the CRA reporting procedures and forward the information to their supervisor who will then forward the information through the chain of Command, to the Chief of Police, and then to the CRA.