SECTION I

GENERAL PURPOSE OF SUPPLEMENTAL AND ENHANCED POLICE

SERVICES FOR THE MID-CITY SECURITY DISTRICT

A) Underlying Police Services:

The City agrees that, in addition to all of the obligations stated herein, it shall at a minimum, continue to provide what is referred to as the "underlying police services.” The "underlying police services" are as set forth in Section V herein. Upon reasonable request to the NOPD, the Board of Commissioners of the MCSD, hereinafter the “MCSD Board,” and the MCSD Full Time Coordinator shall have the authority to review and copy, without cost, the documentation generated by the City or the NOPD that is needed to establish the base line and the status of NOPD underlying police services.

B) Supplementation and Enhancement of Underlying Police Services: "MCSD Services":

The purpose of this Agreement is to supplement and enhance the underlying police services, as defined in Section V herein, by the deployment by the City of additional patrol cars within the MCSD, as deemed appropriate by the MCSD Board and the MCSD Full Time Coordinator, for up to 24 hours a day, 7 days per week including holidays, hereinafter referred to as "MCSD services". The City and the MCSD Board shall agree upon the selection of the MCSD Full Time Coordinator, who shall be an active member of the NOPD with a rank of Sergeant or above and whose duties shall be as set forth in Section II herein.

SECTION II

 

A) Powers and Duties:

The powers and duties of the MCSD Full Time Coordinator shall consist of the following:

1. To schedule those officers to work for the MCSD;

1. To supervise those officers and rank when working for the MCSD;

3. To develop any policies and procedures he/she feels are necessary for the improvement of the services provided to the MCSD;

 

4. To be accessible by phone number or pager number to the MCSD Board;

1. To attend all regular and special meetings called by the MCSD Board;

6. To provide to the MCSD Board the documentation as set forth in Section VI and any other information that the MCSD is entitled to by operation of law, and/or pursuant to this Agreement.

The MCSD Full Time Coordinator will strive to maximize the number of patrolmen and to minimize the number of ranking officers who are scheduled for any given shift, in order to achieve the most economical provision of security services to the MCSD area.

B) Compensation:

The MCSD Full Time Coordinator shall, at all times, be an employee of and officer of the rank of at least Sergeant on the New Orleans Police Department, who shall be assigned full time as the coordinator of the MCSD. The MCSD shall be responsible for reimbursing the City for the salary of the MCSD Full Time Coordinator, as set forth in Section III (B).

1. Replacement:

If the MCSD Full Time Coordinator ceases to serve for any reason including retirement, resignation, or discharge by the City or the MCSD, a successor MCSD Full Time Coordinator shall be selected by mutual agreement between the City and MCSD Board, within twenty (20) days of said vacancy.

SECTION III

PAYMENT SCHEDULE

A) MCSD Officers and Rank:

The MCSD will make available for payment to the City the costs for providing the MCSD services, billed at the end of each City pay cycle, for the costs associated for providing the service during that pay cycle, based on a unit cost equal to the actual hourly rate of pay incurred (i.e. straight time or overtime), multiplied by the number of hours worked by each patrolman or ranking officer for the MCSD for the billing period at issue.

B) MCSD Full Time Coordinator:

The MCSD will make available for payment to the City, reimbursement for the salary of the MCSD Full Time Coordinator, billed at the end of each city pay cycle (14 days) for the billing period at issue.

C) Payment by the MCSD:

The MCSD shall make payment to the City on said invoices within fourteen (14) days of the receipt of said invoices.

SECTION IV

OPERATIONAL SPECIFICS OF MCSD SERVICES

1. Deployment:

Those officers assigned to the MCSD under this Agreement shall only patrol the geographic area of the MCSD as defined below.

The district shall be comprised of the area of the Parish of Orleans lying within the following perimeter: The boundaries of the district shall be that area within and including the following perimeter street and avenues: Tulane Avenue (both sides), Interstate 10 (interior side), City Park Avenue (interior side), West Moss Street (interior side), Orleans Avenue (both sides), and North Broad Street (both sides).

B) Personnel Costs:

The MCSD’s payment for MCSD services under this Agreement described in Section III, shall cover only straight time payments and over-time payments of the officers and rank when providing MCSD services, and shall exclude all other labor costs, labor burdens, or benefits of said personnel.

C) Equipment:

The MCSD shall purchase three (3) vehicles for the exclusive use in the MCSD. The MCSD shall title the vehicles to the City upon purchase of said vehicles. In addition to the regular NOPD paint scheme, decals and insignia, the vehicles will bear suitable MCSD decals, which are to be designed by the MCSD and affixed to the vehicles by the NOPD. The MCSD may provide, at its own expense, additional equipment, such as cell phones and/or MDT's (Mobile Data Terminals), for installation in the MCSD vehicles. The City shall provide replacement vehicles, immediately, during the time that the aforesaid vehicles are out of service. The MCSD shall replace, at its cost, each MCSD patrol vehicle upon the expiration of the useful life of said vehicle.

SECTION V

UNDERLYING POLICE SERVICES

A) General Provision:

Under the terms of this Agreement, it is understood that the MCSD services funded by the MCSD are special and in addition to all underlying police services which the City is obligated to furnish or provide absent the funding by the Mid-City Security District, as set forth in the miscellaneous provision contained in La. R.S. 33:9091.14. The statute specifies that "It is the purpose and intent of this Section that any additional security patrols, public or private, or any other security or other services or betterments provided by the district shall be supplemental to and not in lieu of personnel and services to be provided in the district by the state or the C ity of New Orleans or their departments or agencies or by other political subdivisions."

B) Definition:

The "underlying police services," the level of services the City is obligated to provide as set forth in Section I(A) above, is defined for purposes of this Agreement as the number of police assigned to the geographical boundaries of the Mid-City Security District, as set forth in Section IV(A) herein, exclusive of the officers assigned under this agreement, (i.e. level of First and Third District police personnel absent the MCSD). The “underlying police services” do not represent a static figure determined at the outset of this agreement, but rather, should the City increase or decrease the number of patrol officers in the various police districts within the City, the City and the MCSD agree that the existence of the MCSD will not be taken into consideration in the determination of the number of patrol officers assigned to the First and Third Districts.

C) Failure to Provide Underlying Police Services:

Any reduction by the City in underlying police services shall be in violation of this Agreement and grounds for termination hereof. In the event of any such reduction, the MCSD shall give written notice to the Chief Administrative Officer of the City and the Superintendent of the New Orleans Police Department that a reduction of underlying police services has come to its attention, and the City shall have ten (10) days from receipt of notice to correct the reduction and to explain to the satisfaction of the District the reason therefor, failing either of which, and notwithstanding the provisions of Section X below, the MCSD may terminate this Agreement effective on the date of the reduction by giving written notice to the City to that effect and shall have the right to recover any and all amounts paid to the City but not yet earned as of the date of the reduction.

1. Functions of City and MCSD Police:

It is further understood, under the terms of this Agreement, that the police assigned within the boundaries of the MCSD as a part of their normal First and Third District assignments, referred to herein above as "underlying police services" (not those on MCSD assignment), will handle routine police functions such as responses to service calls, routine patrols, investigations of complaints, etc., all traffic work, special events coverage, undercover/stakeout work, and any follow-up investigations, including but not limited to investigations involving vice and homicides. Officers on assignment to the MCSD shall not be given routine dispatch calls for service in the First and Third Districts, nor shall they be dispatched outside of the MCSD boundaries, except upon notification and approval by the MCSD Full Time Coordinator.

The dispatch of officers for routine calls for service in the First and Third Districts, or the dispatch of officers outside of the MCSD boundaries, while said officers are on assignment to the MCSD, without the approval required in the preceding paragraph, shall be a violation of this Agreement and grounds for termination hereof. In the event of any such violation, the MCSD shall give written notice to the Chief Administrative Officer of the City and the Superintendent of the New Orleans Police Department that a violation has come to its attention, and the City shall have ten (10) days from receipt of notice to correct the violation and to explain to the satisfaction of the District the reason therefor, failing either of which, and notwithstanding the provisions of Section X below, the MCSD may terminate this Agreement effective on the date of the violation by giving written notice to the City to that effect and shall have the right to recover any and all amounts paid to the City but yet unearned as of the date of such violation.

SECTION VI

MONITORING

A) During operations hereunder, and without cost to the MCSD, the City shall supply the following documents to the MCSD:

1. Weekly reports showing computer print-outs of Trip Systems and Unit History for the time worked by each of the MCSD officers for that week, and copies of the Trip Sheets of all MCSD officers for that week.

2. Monthly reports showing crime statistics for all categories of reported crime (including Part I and Part II offenses) in the First and Third districts.

3. At the end of each city pay cycle, an invoice from the City for amounts due to the City for the services provided to the MCSD for that pay cycle. The City shall attach to the invoice all backup documentation in support of the invoice.

4. All other reports generated by MCSD officers.

B) Other documents: As stated in Section I(A), and any other documentation that the MCSD is entitled to by operation of law or pursuant to this Agreement.

SECTION VII

DEFENSE, HOLD HARMLESS AND INDEMNIFICATION

A) Subject to the limitations imposed by LSA-R.S. 38:2195 with regards the obligations of the City of New Orleans, the City shall defend, indemnify and hold harmless the MCSD, its officers, employees and the MCSD Board, individually and collectively, against any and all claims, demands, suits, and judgments made or owing to any parties, whether alleging bodily or mental injury, death , property loss or damage, as well as the costs, attorneys’ fees, legal interest, and any other expenses associated therewith, resulting from or by reason of any negligent or intentional act or omission or negligent or intentional operation of work of the City, its agents, servants, and employees, including the MCSD Full Time Coordinator, while engaged upon or in connection with the services required or performed by the City under the terms of this Agreement, and any ancillary agreements, or its performance of and/or failure to perform its obligations under this agreement, and to pay reasonable attorneys’ fees related thereto.

B) The MCSD shall defend, indemnify, and hold harmless the City against any and all claims, demands, suits, and judgments made or owing to any parties, whether alleging bodily or mental injury, death , property loss or damage, as well as the costs, attorneys’ fees, legal interest, and any other expenses associated therewith, resulting from or by reason of any negligent or intentional act or omission or negligent or intentional operation of work of the MCSD, including the MCSD Board, individually or collectively, while engaged upon or in connection with the services required or performed by the MCSD under the terms of this Agreement, and any ancillary agreements, or its performance of and/or failure to perform its obligations under this agreement, and to pay reasonable attorneys’ fees related thereto.

SECTION VIII

INDEPENDENT CONTRACTOR STATUS