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HomeMy WebLinkAboutExhibit - AgreementSMART POLICING INITIATIVE AGREEMENT BETWEEN THE CITY OF MIAMI AND THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES This Agreement entered into between the City of Miami, Florida, a municipal corporation of the State of Florida (hereinafter, "City") , and The Florida International University Board of Trustees (hereinafter, "FIU"), to conduct the work related to the project entitled "A Predictive Modeling Approach to Improve Problem -Solving and Crime Incident Case Clearance" (hereinafter, the "Project"). City and FIU shall hereinafter be referred to collectively as the "Parties". WITNESSETH: WHEREAS, pursuant to Resolution No. 14-0427, the City has accepted a grant award from the U.S. Department of Justice — Office of Justice Programs, in the amount of $605,394.00, (hereinafter, the "Grant"), from funding under the FY 13 Smart Policing Initiative. WHEREAS, in accordance with the provision of the Grant, the City is obligated to allocate the Grant funds on a predictive crirne modeling project and FIU is able to establish and implement the Project. WHEREAS, FIU possesses all necessary licenses, qualifications, and expertise to perform the Project. WHEREAS, City desires to engage and retain the services of FIU and FIU desires to accept such engagement. NOW THEREFORE, in consideration of the foregoing and mutual promises, covenants and agreements herein contained, and for other good and valuable consideration, the receipt and. sufficiency of which is hereby acknowledged, the Parties agree as follows: TERMS: I. PERIOD OF PERFORMANCE The term of this Agreement shall commence on the effective date hereof and, unless terminated in accordance with the provisions hereof, shall continue until completion of the Project and shall terminate on 12/31/2017 ("Project Period"). Performance may not be extended and/or renewed for additional periods subject to available Grant funding and by the mutual written agreement of the Parties. 1 II. PROJECT ADMINISTRATOR All questions concerning administration of this Agreement should be addressed to: FOR FIU: Robert Gutierrez Director of Pre -Award Division of Research Florida International University MMC/MARC 430 11200 SW 8t1i St. Miami, Florida 33199 Phone: (305) 348-2494 Fax: (305) 348-4117 FOR CITY: Lillian P. Blondet, Director Office of Grants Administration Miami Riverside Center l Oth Floor 444 S.W. 2nd Ave. Miami, Florida, 33130 Phone: (305) 416-1536 Fax: (305) 416-2151 III. PROJECT DIRECTOR All questions regarding the technical aspects of the project should be addressed to: FOR FIU: FOR CITY: Rob T. Guerette, Ph.D Lt. Sean McDonald IV. STATEMENT OF WORK FIU agrees to provide the Services as specifically described, and under the Statement of Work set forth, in `Appendix A' hereto (hereinafter, the "Services"), which by this reference is incorporated into and made a part of this Agreement. FIU represents and warrants to the City that FIU: (i) possesses all qualifications, licenses and expertise required for the performance of the Services; (ii) it is not delinquent in the payment of any sums due the City, including payment of permit fees, occupational licenses, etc., nor in the performance of any obligations to the City, (iii) is and shall be, at all times during the term hereof, fully qualified and trained to perform the Services; and (iv) the Services will be performed in the manner described in Appendix A'. V. COMPENSATION The amount of compensation payable by the City to FIU shall be based on the rates and schedules described in the Budget attached hereto as `Appendix B', which by this reference is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation exceed $120,789.13, per year. Upon execution of this Agreement, City shall pay FIU an amount not to exceed $10,000.00, against which FIU shall use for project costs only. Unless otherwise specifically provided in `Appendix B', payment of compensation and reimbursable costs shall be made within forty five (45) days after receipt of FIU's invoice, which 2 shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should City require one to be performed. If FIU is entitled to reimbursement of travel expenses, then all bills for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. Should City fail to make any of the payment set forth above, FIU shall have no further obligation to continue performance of this Agreement. Payment shall be made by City via wire (electronic funds) transfer to: Bank of America, ABA#063100277, Account#001595614027. VI. TECHNICAL REPORTS FIU shall maintain clear and accurate records of the work conducted throughout the project period so that City's Project Director may readily evaluate the progress of the study at any time. VII. INDEPENDENT CONTRACTOR The officers, employees and agents of each party shall not be considered the officers, employees or agents of the other party for purposes of accomplishing the work to be performed under this Agreement or for any other purpose. Nothing in this Agreement shall create any association, partnership or joint venture between the parties or any employer -employee relationships. Nothing in this agreement shall be deemed to affect the rights, privileges and immunities afforded by law to FIU, the Florida Board of Governors, and. the State of Florida and their respective trustees, officers, employees and agents. VIII. INTELLECTUAL PROPERTY Inventions made solely by FIU faculty, students and staff under this Agreement will be solely owned by FIU. Inventions made jointly by FIU and City will be owned jointly by City and FIU, who agree to jointly determine patent, filing, and licensing rights subject to existing patent law. Inventions made solely by City will be solely owned by City. This understanding is subject to the rights of the U.S. Government, if any. IX. PUBLICATION Nothing contained in this Agreement shall preclude FIU or its employees or students from publishing andcopyrighting scholarly articles, abstracts, theses, and similar documents or presentations concerning the work conducted under this. Agreement after obtaining the written consent of City, which may be withheld or conditioned by the City in its sole discretion. X. DEFAULT AND TERMINATION A. Default: If FIU fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then FIU shall be in default. Upon the occurrence of a default hereunder the City, in addition to all remedies available to it by law, may immediately, upon written notice to FIU, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to FIU while FIU was in default shall be immediately returned to the City. FIU understands and agrees that termination of this Agreement under this section shall not release FIU from any obligation accruing prior to the effective date of termination. Should FIU be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, FIU shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. B. Termination at Will: This agreement may be terminated by either party hereto by written notice to the other party of such intent to terminate at least ten (10) days prior to the effective date of such termination. C. Non-Waiver/Notices: Failure by either Party to insist upon strict performance of any of the provisions of this Agreement, or either Party's failure or delay in exercising any rights or remedies provided herein or by law, shall not be deemed a waiver of any rights of either Party to insist upon strict performance hereof or of any of either Party's rights or remedies under this contract or law, and shall not operate as a waiver of any of the provisions hereof or as a modification of the teens of the Agreement. Any notice required by this Agreement shall be delivered by Certified Mail, return receipt requested, by facsimile transmission, overnight delivery service or in person. D. City's Termination Rights: The City shall have the right to terminate this Agreement, by giving FIU at least ten (10) business days prior written notice, upon discontinuance or termination of the Project, unavailability of funds under the Grant, or if the City determines, in its sole discretion, that continuation of the Project or of FIU's services are no longer in the best interest of the City. In such event, the City shall pay to FIU compensation for services rendered and expenses incurred prior to the effective date of termination. In no event shall the City be liable to FIU for any additional compensation, other than that provided herein, or for any consequential or incidental damages. 4 The City shall have the right to terminate this Agreement, without notice or liability to FIU, upon the occurrence of an event of default under the Grant or under this Agreement. In such event, the City shall not be obligated to pay any amounts to FIU and FIU shall reimburse to the City all amounts received while FIU was in default under this Agreement. shall: E. Terinination Arrangements After receipt of a notice of termination an.d except as otherwise directed by City, FIU 1. Stop work under the Agreement on the date, and to the extent specified in the notice of termination. 2. Place no further orders or Agreements for materials, services, or facilities, except as may be necessary for completion of such portion of work under the .Agreement as is not terminated. 3. Terminate all orders and Agreements to the extent that they relate to the performance of work which was terminated. 4. Handle all. City property as directed by City. 5. Prepare all necessary reports anddocuments required under the terns of the Agreement up to the date of termination. Regardless of reasons for the termination, City shall compensate FIU for actual costs incurred up to the time of termination including all appropriate cost reimbursement items and non -cancelable commitments entered into by FIU in furtherance of this Agreement. XI. MODIFICATION This Agreement may only be changed or modified by an amendment executed by the Parties in the same fashion as the original. XII. APPLICABLE LAW The Parties' rights, obligations and remedies under this Agreement shall be interpreted and governed in all respects by the laws of the State of Florida. The Parties consent to the sole and exclusive jurisdiction of the courts of the State of Florida in connection with any dispute arising out of this Agreement and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Miami. -Dade County, State of Florida. 5 XIII. OWNERSHIP OF DOCUMENTS FIU understands and agrees that any information, document, report or any other material whatsoever which is given by the City to FIU or which is otherwise obtained or prepared by FlU pursuant to or under the terms of this Agreement is and shall at all times remain the property of the City. FIU agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of City, which may be withheld or conditioned by the City in its sole discretion. XIV. AUDIT AND INSPECTION RIGHTS The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to FIU under this Agreement, audit, or cause to be audited, those books and records of FIU which are related to FIU's performance under this Agreement. FIU agrees to maintain all such books and records at their principal place of business for a period of three (3) years after final payment is made under this Agreement. The City may, at reasonable times during the term hereof, inspect FIU's facilities and. perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by FIU under this Agreement conform to the terms hereof. FIU shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. Alltests and inspections shall be subject to, and made in accordance with, the provisions of Section 18-55.2 of the Code of the City of Miami, Florida, as same may be amended or supplemented, from time to time. XV. AWARD OF AGREEMENT FIU represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connectionwith, the award of this Agreement. XVI. PUBLIC RECORDS FIU understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. FIU's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. XVII. COMPLIANCE WITH PROJECT REQUIREMENTS AND FEDERAL, STATE AND LOCAL LAWS FIU shall comply with all requirements imposed by the Grant for the Project, including reporting, record keeping and other requirements. FIU shall also comply with and observe all 6 applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. XVIII. INDEMNIFICATION FIU shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indeimnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of FIU or its employees, agents or subcontractors (collectively referred to as "Fill"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default or negligence (whether active or passive) of the Indemnitees, or any of them or (ii) the failure of the FIU to comply with any of the paragraphs herein or the failure of the FIU to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. FIU expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of FIU, or any of its subcontractors, as provided above, for which the FIU's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. XIX. NONDISCRIMINATION: FIU represents and warrants to the City that FIU does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with FIU' s performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. FIU further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. XX. ASSIGNMENT This Agreement shall not be assigned by FIU, in whole or in part, without the prior written consent of the City's, which may be withheld or conditioned, in the City's sole discretion. XXI. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed andenforced according to the laws of the State of Florida. 7 B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. XXII. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. XXIII. INDEPENDENT CONTRACTOR FIU has been procured and is being engaged to provide services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, FIU shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. FIU further understands that Florida Workers' Compensation benefits available to employees of the City are not available to FIU, and agrees to provide workers' compensation insurance for any employee or agent of FIU rendering services to the City under this Agreement. XXIV. CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for Project activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. XXV. COMPLETE AGREEMENT This Agreement and its attachments are intended as the complete and exclusive statement of the agreement between the Parties. Any prior agreements, promises, negotiations, or 8 representations not expressly set forth in this Agreement are of no force or effect. Parole or extrinsic evidence shall not be used to vary or contradict the express terms of this Agreement, and recourse may not be had to alleged dealings, usage of trade, course of dealing, or course of performance to explain or supplement the express terms of this Agreement. All appendices to this Agreement are incorporated as if set out fully herein. In the event of any inconsistency(ies) or conflict(s) between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling but only to the extent of such conflict(s) or inconsistency(ies). IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their respective duly authorized officers. The Florida International University Board of Trustees Date: Robert Gutierrez Director, Pre -Award Division of Research Florida International University CITY OF MIAMI, a Florida Municipal Corporation By: Date: Daniel J. Alfonso, City Manager Attest: By: Date: Todd B. Hannon, City Clerk Approved as to Form and Correctness: By: Date: Victoria Mendez, City Attorney Approved as to Insurance Requirements: By: Date: Ann -Marie Sharpe, Director of Risk Management 10 `APPENDIX A' STATEMENT OF WORK Statement of Work February 14, 2013 As the research partner for the proposed "A Predictive Modeling Approach to Improve Problem -Solving and Crime Incident Case Clearance" initiative, it is recognized that I, ]Jr. Rob T. Guerette, associate professor of criminal justice at Florida International University, will have an integral role throughout the project term. I, with the support of a graduate research assistant, will assist in tailoring the specific focus of the predictive analysis application, will participate in its strategic implementation within the department, will assist in ongoing data collection and analysis to monitor and assess the initiatives activities, and provide a final report which fully characterizes the initiative and its results. More specifically, as the research partner my responsibility within the proposed initiative will include the following: 1. To work with the project team to perform a needs based assessment of how and where to deploy the predictive modeling system. 2. To provide the project team with existing understanding of crime pattern formation. 3. Assist with strategy and initiative development based on what is learned in the analytical phase and which is informed by existing research evidence regarding crime patterning. 4. Assist with ongoing data monitoring of program efforts throughout the course of the project. 5. Perform an outcome evaluation of the developed and implemented predictive modeling strategy. 6. Prepare a final report which fully characterizes the nature of the initiative and its intended outcomes. This type of "action research" approach fits squarely within my focus of research which includes situational crime prevention, problem- and community -oriented policing, and program and policy evaluation. I currently serve as the senior researcher for the crime prevention section of the CrimeSolutions.gov Resource Center, part of the Evidence Integration Initiative (E21), a project originally launched by the Office of Justice Programs and now managed by the National. Institute of Justice. Within this initiative, I had an integral role in developing the methodological instrument used to assess the evidence base of crime prevention programs andpractices displayed on the website and in assembling and reviewing the evaluation research evidence base. I have also been affiliated with the Center for Problem -Oriented Policing since its inception and serve as the advisor andcoordinator for the annual International Herman Goldstein Awards for Excellence in Problem -Oriented Policing. This experience has given me a decade long exposure to some of the most promising problem led policing projects in, the world. I also currently serve as the research partner for the U.S. Attorneys Office of South Florida, Project Safe Neighborhoods -Violence Reduction Initiative. In this capacity I am already engaged in tasks very similar to those outlined above. I have worked on other applied research projects in consultation, collaboration or affiliation with the Department of Homeland Security - U.S. Border Patrol, the National Research Council, the British Home Office Research Directorate, the National Policing Improvement Agency (NPIA-UK), the Miami Police Department and the New Jersey Department of Probation and Parole. My research has appeared in a variety of peer reviewed outlets including Criminology; Crime & Delinquency; Crime Prevention Studies; Criminology & Public Policy; the European Journal on Criminal Policy and Research; the Journal of Criminal Justice; the Journal of Experimental Criminology; the Journal of Studies on Alcohol & Drugs and Security Journal. I authored the Center for Problem -Oriented Policing, Problem -Solving Tools Guide No 10, Analyzing Crime Displacement and Diffusion and Problem -Specific Guide No. 44, Disorder at Day Laborer Sites, 11 part of a publicationseries produced by the U.S. Office of Community Oriented Policing Services. Moreover, I am the author of the book Migrant Death: Border Safety and Situational Crime Prevention on the U.S.-Mexico Divide (2007) and co-editor of the book Migration, Culture Conflict, Crime and Terrorism (2006). Respectfully submitted, w Rob T. Guerette, Ph.D Associate Professor of Criminal. Justice Florida International University, Miami 12 `APPENDIX B' BUDGET BUDGET DETAIL, SUMMARY, & NARRATIVE Budget Detail Worksheet A. Personnel B. Fringe Benefits C. Travel* D. OPS (Graduate Student) E. Supplies F. Tuition G. Other Costs H. Indirect Costs Positions Computation Cost Time buyout for Dr. Guerette $52,477.29 $15,716.73 Purpose Cost Lodging Meeting #1 1 x 3 x $233.00 $699.00 Transport Meeting #1 1 x $300.00 $300.00 Per Diem Meeting #1 1 x 4 x $64.00 $256.00 Lodging Meeting #2 Transport Meeting #2 Per Diem Meeting #2. Lodging Meeting #3 Transport Meeting #3 Per Diem Meeting #3 Purpose Part time graduate student project support 1 x 3 x $233.00 $699.00 1 x $300,00 $300.00 1 x 4 x $64.00 $256.00 1 x 3 x $233.00 $699.00 1 x $300.00 $300.00 1 x 4 x $64.00 $256.00 $34,663.20 $14,166.91 Total $120,789.13 * For research partner only. MPD personnel travel included under city portion of grant budget. 13 Budget Summary Budget Category Federal Amount Non Federal Amount A. Personnel $52,477.29 B. Fringe Benefits $15,716.13 C. Travel $3,765.00 D. OPS (Graduate student) $34,663.20 E. Supplies F. Tuition $14,166.91 G. Other Costs H. Indirect Costs Total Project Costs Federal Request Non -Federal Amount $120,789.1.3 $120,789.13 Budget Narrative The total amount of federal funds requested by the research partner housed at Florida International University to carry out the proposed project is $120,789.13. Of this amount, $52,477.29 is requested for time buyout of Dr. Guerette with $14,562.45 for fringe benefits. The amount of $34,663.20 is requested for a graduate 14 research assistant for the first two years of the three year project tern with $1,154.28 in fringe benefits and $14,166.91 in tuition costs. Of this amount, $3,765.00 is requested for travel. This travel includes three trips (3 trips for 1 person at $1,255.00) for Dr. Guerette to attend the three, two day Smart Policing meetings to be held within the project term period. Of the total sub -grant amount of $120,789.13, the total direct costs of the sub -contract itemized above and requested is $120,789.13. There are no indirect costs associatedwith this grant contract (see 3.1 Budget Detail Worksheet for itemization). 15