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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 File