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HomeMy WebLinkAboutCRA-R-18-0005 Grant AgreementGRANT AGREEMENT FOR THE PROVISION OF ENHANCED POLICE SERVICES WITHIN THE OMNI CRA AREA THIS AGREEMENT is entered into as of the day of , 2017, by and between the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), of the City of Miami, a public agency and body corporate created pursuant to Section 163.356, Florida Statutes, and the CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida ("GRANTEE") is for the provision of enhanced police services associated with the special conditions within the Omni Community Redevelopment Area ("Omni CRA Area"). WHEREAS, the CRA is responsible for carrying out community redevelopment activities and projects within the Omni CRA Area in accordance with its approved Redevelopment Plans; and WHEREAS, the improvement of the quality of life for residents and the elimination of conditions which contribute to blight in the Omni CRA Area are stated redevelopment goals and objectives; and WHEREAS, the CRA desires to provide grant funds to GRANTEE for the provision of enhanced law enforcement services within the Omni CRA Area for the safety and protection of the residents and visitors of the Omni CRA Area located within the City; and WHEREAS, the GRANTEE, by and through the CITY OF MIAMI POLICE DEPARTMENT ("Police Department"), desires to assist in the effort by providing the CRA with enhanced police services within the boundaries of the Omni CRA Area; and WHEREAS, the Police Department presented the Enhanced Police Services Program ("the Program"), an innovative roving community policing plan to address issues related to quality of life within the Omni CRA Area; and WHEREAS, the Program consists of enhanced police services including increased patrols, special operations, traffic details, club checks, criminal sweeps, prostitution details, and undercover narcotics details within the Omni CRA Area; and WHEREAS, the CRA, by Resolution No. CRA-R-17- , passed and adopted on 2017, authorized the issuance of a grant to the City of Miami for the Program within the Omni CRA Area; and WHEREAS, the Board of Commissioners of the Omni Community Redevelopment Agency of the City ofMiami, by Resolution No. CRA-R- , passed and adopted on , 2017, authorized the issuance of a grant, in an amount not to exceed Five Hundred Thousand Dollars ($500, 000.00), to GRANTEE, to underwrite costs associated with the Program; and WHEREAS, GRANTEE and the CRA wish to enter into this Agreement to set forth the terms and conditions relating to the use of said Grant; NOW, THEREFORE, in consideration of the promises and the mutual covenants contained herein, the parties agree to as follows: GRANT TERMS 1 1. RECITALS. The recitals and all statements contained therein are true and correct and are hereby incorporated into this Agreement. 2. GRANT. Subject to the terms and conditions set forth herein and GRANTEE's compliance with all of its obligations hereunder, the CRA hereby agrees to make available to the GRANTEE the Grant to be used for the purpose intended and disbursed in the manner hereinafter provided. 3. USE OF GRANT. The Grant funds shall be used to underwrite the costs associated with the Program, as set forth in Attachment "A" - Enhanced Police Services Program ("Program Description"). The GRANTEE agrees to provide enhanced police services within the boundary area of the City known as the Omni CRA Area to conduct authorized Programs. Requests for enhanced patrol services for a particular area, event, or operation received from the Executive Director of the CRA, or his designee, will be used to determine the geographic and temporal deployment of the officers. The GRANTEE agrees and understands that the enhanced police services under the terms of this Agreement, by and through the police officers allocated to the Program are supplemental to general patrol within the area and for the purpose of providing enhanced baseline police services by the City's Police Department. Sworn officers allocated to the Program shall at all times remain subject to the City Police Department's chain of command and under the City Police Department's policies, rules, regulations, departmental orders, and standard operating procedures. It is expressly understood by the GRANTEE, the City's Police Department, and the CRA that all participating officers in the Program shall remain within the Omni CRA Area at all times throughout their respective shift unless Communications advises of a forcible felony in progress in the immediate surrounding areas of the Omni CRA Area and with approval of the Program supervisor. 3.1 The City's Chief of Police shall designate a command officer to serve as the "Program Commander" who will work in concert with the Executive Director of the CRA, or his designee. The Program Commander will perform the following duties: (a) Coordinate the dissemination and processing of police and security reports, coordinate the duties and responsibilities and function of the detail in a problem solving team capacity, provide supervisory assistance, coordinate problem resolution, and carry out the provisions of this Agreement. (b) Establish and maintain an ongoing line of communication with the City's police personnel. (c) Prepare monthly reports for review by the CRA Executive Director and the City's Chief of Police. (d) Assist or advise the planning and implementation of other grant funded security/police programs within the Omni CRA Area. (e) Establish a clearly defined process for reporting non -emergency criminal activities within the Omni CRA Area. 3.2 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 in the CRA Area and acting within the course and scope of their employment. 2 4. PLAN OF OPERATION. The objectives and plan for achieving enhanced police services within the Omni CRA Area shall be as set forth in Attachment "A" - Enhanced Police Services Program operational plan and incorporated herein. If, during the term of this Agreement, either party desires to amend the scope of the program description, either party may request, for consideration by the other party, an amendment in writing. 5. TERM OF CONTRACT. The term of this Agreement shall begin on October 1, 2017, and expire on September 30, 2018. This Agreement is subject to annual renewal upon discretion of the Omni CRA Executive Director, subject to available funds and the mutual agreement of the Parties to renew, without the need for further approval by the Board of Commissioners of the CRA or the City Commission. The Parties understand that on an annual basis, the amount of the grant award for providing enhanced services may vary based on negotiations and agreement of estimated costs to the City in providing enhanced police services under this Agreement. 6. DISBURSEMENT OF GRANT FUNDS TO GRANTEE. For Program services provided, the CRA shall compensate the GRANTEE, on a monthly reimbursement basis, at the overtime rate equal to the costs of police personnel up to an amount not to exceed Five Hundred Thousand Dollars ($500, 000.00), to GRANTEE, to underwrite costs associated with the Program. Any overtime incurred by an officer assigned to the Program will be paid by the CRA. The GRANTEE will provide the CRA with a report of overtime hours on a monthly basis along with an invoice requesting payment. Any invoices provided to the CRA shall be paid by the CRA within 15 days of receipt thereof. It is understood by the Parties that the GRANTEE has a total grant award of $500,000.00, to cover the cost of overtime compensation expenses for the officers allocated to the Program. Once the funds of the grant award have been depleted, the enhanced police services under the terms of this Agreement shall be terminated however, the Omni CRA Executive Director, at his sole discretion, may increase the budget of this Grant to underwrite the cost of compensation expenses of maintaining the Program through September 30, 2018. 7. COMPLIANCE WITH POLICIES AND PROCEDURES. GRANTEE understands that the use of the Grant is subject to specific reporting, record keeping, administrative and contracting guidelines and other requirements affecting the activities funded by the Grant. GRANTEE covenants and agrees to comply, and represents and warrants to the CRA that the Grant shall be used in accordance, with all of the requirements, terms and conditions contained therein as the same may be amended during the term hereof. Without limiting the generality of the foregoing, GRANTEE represents and warrants that it will comply and the Grant will be used in accordance with all applicable federal, state and local codes, laws, rules and regulations. 8. RECORDS AND REPORTS/AUDITS AND EVALUATION. (a) GRANTEE understands and acknowledges that the CRA must meet certain record keeping and reporting requirements with regard to the Grant. In order to enable the CRA to comply with its record keeping and reporting requirements, GRANTEE agrees to maintain all records as required by the CRA. (b) At the CRA's request, and no later than thirty (30) days thereafter, GRANTEE shall deliver to the CRA such written statements relating to the use of the Grant as the CRA may require. (c) The CRA shall have the right to conduct audits of GRANTEE's records pertaining to the Grant and to visit the Program, in order to conduct its monitoring and evaluation activities. GRANTEE agrees to cooperate with the CRA in the performance of these activities. 3 (d) GRANTEE's failure to comply with these requirements or the receipt or discovery (by monitoring or evaluation) by the CRA of any inconsistent, incomplete or inadequate information shall be grounds for the immediate termination of this Agreement by the CRA. 9. REVERSION OF ASSETS. Upon the expiration of the term of this Agreement, GRANTEE shall transfer to the CRA any unused Grant funds on hand, if any, at the time of such expiration. 10. REPRESENTATIONS AND WARRANTIES. GRANTEE represents and warrants the following: (a) Invoices for all expenditures shall be submitted to the CRA for review. (b) Funds disbursed under the grant shall be used solely for the Program. 11. DISBURSEMENT OF GRANT. Subject to the terms and conditions contained in this Agreement, the CRA shall make available to GRANTEE up to Five Hundred Thousand Dollars ($500,000.00). Payments by the CRA will be made on a monthly reimbursement basis after receipt and approval of Program specific invoices and verification of acceptable work product. In no event shall payments to GRANTEE under this Grant agreement exceed Five Hundred Thousand Dollars ($500,000.00). 12. TERM. The term of this Agreement shall commence on the date first above written and shall terminate upon the earlier of: i) full disbursement of Five Hundred Thousand Dollars ($500,000.00); or ii) earlier termination as provided for herein; provided, however, that all rights of the CRA to audit or inspect, to require reversion of assets, to enforce representations, warranties and certifications, to default remedies, to limitation of liability and indemnification, and to recovery of fees and costs shall survive the expiration or earlier termination of this agreement. 13. REMEDIES FOR NON-COMPLIANCE. If GRANTEE fails to perform any of its obligations or covenants hereunder, or materially breaches any of the terms contained herein, then the CRA shall have the right to take one or more of the following actions: (a) Withhold cash payments, pending correction of the deficiency by GRANTEE; (b) Recover payments made to GRANTEE; (c) Disallow (that is, deny the use of the Grant for) all or part of the cost for the activity or action not in compliance; (d) Withhold further awards for the Program; or (e) Take such other remedies that may be legally permitted. 14. NON-DISCRIMINATION. GRANTEE, for itself and on behalf of its contractors and sub -contractors, agrees that it shall not discriminate as to race, sex, color, religion, national origin, age, marital status or handicap in connection with its performance under this Agreement. Furthermore, GRANTEE represents that no otherwise qualified individual shall, solely, by reason of his/her race, sex, color, religion, national origin, age, marital status or handicap be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving financial assistance pursuant to this Agreement. 4 15. CONFLICT OF INTEREST. GRANTEE has received copies of, and is familiar with, the following provisions regarding conflict of interest in the performance of this Agreement by GRANTEE. GRANTEE covenants, represents and warrants that it will comply with all such conflict of interest provisions: (a) Code of the City of Miami, Florida, Chapter 2, Article V. (b) Dade County Code, Section 2-11.1. 16. CONTINGENCY CLAUSE. Funding for this Agreement is contingent on the availability of funds and continued authorization for Program activities, and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or change in regulations. 17. CERTIFICATIONS RELATING TO THE GRANT. GRANTEE certifies that: (a) All expenditures of the Grant will be made in accordance with the provisions of this Agreement. (b) The Grant will not be co -mingled with any other funds and separate bank accounts and accounting records will be maintained. (c) The expenditures of the Grant will be properly documented and such documentation will be maintained on file. (d) Periodic progress reports will be provided to the CRA as requested. (e) No expenditure of Grant funds shall be used for political activities. (f) GRANTEE will be liable to the CRA for the amount of the Grant expended in a manner inconsistent with this Agreement. 18. MARKETING. (a) GRANTEE shall prominently display signage acknowledging the CRA's contribution to the Program at GRANTEE's primary place of business during the term of this agreement. (b) GRANTEE shall produce, publish, advertise, disclose, or exhibit the CRA's name and/or logo, in acknowledgement of the CRA's contribution to the Program, in all forms of media and communications created by GRANTEE for the purpose of publication, promotion, illustration, advertising, trade or any other lawful purpose, including but not limited to stationary, newspapers, periodicals, billboards, posters, email, direct mail, flyers, telephone, public events, and television, radio, or internet advertisements or interviews. (c) The CRA shall have the right to approve the form and placement of all acknowledgements, which approval shall not be unreasonably withheld. 5 (d) GRANTEE further agrees that the CRA's name and logo may not be otherwise used, copied, reproduced, altered in any manner, or sold to others for purposes other than those specified in this Agreement. Nothing in this Agreement, or in GRANTEE's use of the CRA's name and logo, confers or may be construed as conferring GRANTEE any right, title, or interest whatsoever in the CRA's name and logo beyond the right granted in this Agreement. 19. DEFAULT. If GRANTEE fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then GRANTEE shall be in default. Upon the occurrence of a default hereunder the CRA, in addition to all remedies available to them by law, may immediately, upon written notice to GRANTEE, terminate this Agreement whereupon all payments, advances, or other compensation paid by the CRA to GRANTEE while GRANTEE was in default shall be immediately returned to the CRA. GRANTEE understands and agrees that termination of this Agreement under this section shall not release GRANTEE from any obligation accruing prior to the effective date of termination. 20. LIABILITY OF THE CRA. No officer, employee, agent, or principal, whether disclosed or undisclosed, of the CRA shall have any personal liability with respect to any of the provisions of this Agreement. Any liability of the CRA under this Agreement shall be subject to the limitations imposed by Section 768.28, Florida Statutes. 21. SPECIFIC PERFORMANCE. In the event of breach of the Grant Agreement by the CRA, GRANTEE may seek specific performance of the Grant Agreement and any recovery shall be limited to the grant funding authorized for the Program. In no event shall the CRA be liable to GRANTEE for any additional compensation, other than that provided herein, or for any consequential or incidental damages. 22. INDEMNIFICATION OF THE CRA. GRANTEE shall protect, defend, indemnify and hold harmless the CRA and its agents from and against any and all claims, actions, damages, liability and expense (including fees of attorneys, investigators and experts) in connection with loss of life, personal injury or damage to property or arising out of this Agreement, except to the extent such loss, injury or damage was caused by the gross negligence of the CRA or its agents. 23. DISPUTES. In the event of a dispute between the Executive Director of the CRA and GRANTEE as to the terms and conditions of this Agreement, the Executive Director of the CRA and GRANTEE shall proceed in good faith to resolve the dispute. If the parties are not able to resolve the dispute within thirty (30) days of written notice to the other, the dispute shall be submitted to the CRA's Board of Commissioners for resolution within ninety (90) days of the expiration of such thirty (30) day period or such longer period as may be agreed to by the parties to this Agreement. The Board's decision shall be deemed final and binding on the parties. 24. INTERPRETATION. (a) Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement and do not in any way define, limit, describe or amplify the terms and provisions of this Agreement or the scope or intent thereof. (b) Entire Agreement. This instrument constitutes the sale and only agreement of the parties hereto relating to the Grant, and correctly set forth the rights, duties, and obligations of the parties. There are no collateral or oral agreements or understandings between the CRA and GRANTEE relating to the Agreement. Any promises, negotiations, or representations not expressly set forth in this Agreement are of no force 6 or effect. This Agreement shall not be modified in any manner except by an instrument in writing executed by the parties. The masculine (or neuter) pronoun and the singular number shall include the masculine, feminine and neuter genders and the singular and plural number. The word "including" followed by any specific item(s) is deemed to refer to examples rather than to be words of limitation. (c) Construction. Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement. (d) Covenants. Each covenant, agreement, obligation, term, condition or other provision herein contained shall be deemed and construed as a separate and independent covenant of the party bound by, undertaking or making the same, not dependent on any other provision of this Agreement unless otherwise expressly provided. All of the terms and conditions set forth in this Agreement shall apply throughout the term of this Agreement unless otherwise expressly set forth herein. (e) Conflicting Terms. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall govern. (f) Waiver. 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. (g) Severability. Should any provision 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, then such provision shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, that 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. (h) No Third -Party Beneficiary Rights. No provision of this Agreement shall, in any way, inure to the benefit of any third parties so as to constitute any such third party a beneficiary of this Agreement, or of anyone or more of the terms hereof, or otherwise give rise to any cause of action in any party not a party hereto. 25. AMENDMENTS. No amendment to this Agreement shall be binding on either party, unless in writing and signed by both parties. 26. OWNERSHIP OF DOCUMENTS. Upon request by the CRA, all documents developed by GRANTEE shall be delivered to the CRA upon completion of this Agreement, and may be used by the CRA, without restriction or limitation. GRANTEE agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by 7 the CRA to GRANTEE pursuant to this Agreement shall at all times remain the property of the CRA, and shall not be used by GRANTEE for any other purposes whatsoever, without the written consent of the CRA. 27. AWARD OF AGREEMENT. GRANTEE warrants that it has not employed or retained any person employed by the CRA to solicit or secure this Agreement, and that it has not offered to pay, paid, or agreed to pay any person employed by the CRA any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of the Grant. 28. NON-DELEGABILITY. The obligations of GRANTEE under this Agreement shall not be delegated or assigned to any other party without the CRA's prior written consent which may be withheld by the CRA, in its sale discretion. 29. CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and cnforccd in accordance with Florida law. 30. TERMINATION OF THIS AGREEMENT. The Parties retains the right to terminate this Agreement, with or without cause, at any time without penalty to the other. In that event, the terminating party shall give five (5) days written notice of termination to the other party. 31. NOTICE. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail, addressed to the party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted, or the date of actual receipt, whichever is earlier. To CRA: Attn: Jason M. Walker, Executive Director Omni Community Redevelopment Agency 1401 North Miami Avenue, Second Floor Miami, FL 33128 With copy to: Miami Police Department 400 N.W. 2nd Avenue Miami, FL 33128 Attn: Rudolfo Llanes, Chief of Police To GRANTEE: Attn: Daniel J. Alfonso, City Manager City of Miami 444 S.W. 2nd Avenue, loth Floor Miami, FL 33130 Office of the City Attorney 444 S.W. 2nd Avenue, 9th Floor Miami, FL 33130 Attn: Victoria Mendez, City Attorney 32. INDEPENDENT CONTRACTOR. GRANTEE, its contractors, subcontractors, employees and agents shall be deemed to be independent contractors, and not agents or employees of the CRA, and shall not attain any rights or benefits under the civil service or pension programs of the CRA, or any rights generally afforded its employees; further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the CRA. 33. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 8 34. AUTHORITY. GRANTEE certifies that GRANTEE possesses the legal authority to enter into this Agreement. A resolution, motion or similar action has been duly adopted as an official act of GRANTEE's governing body, authorizing the execution of this Agreement, and identifying the official representative of GRANTEE to act in connection herewith and to provide such additional information as may be required by the CRA. [INTENTIONALLY BLANK] 9 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. DANIEL J. ALFONSO CITY MANAGER CITY OF MIAMI, FLORIDA JASON WALKER OMNI CRA EXECUTIVE DIRECTOR CITY OF MIAMI, FLORIDA Date: Date: A TTEST: TODD B. HANNON RUDOLFO LLANES CITY CLERK CHIEF OF POLICE APPROVED AS TO FORM APPROVED AS TO INSURANCE AND LEGAL SUFFICIENCY: REQUIREMENTS: VICTORIA MENDEZ ANN-MARIE SHARPE CITY ATTORNEY RISK MANAGEMENT 10