HomeMy WebLinkAboutCRA-R-25-0069 Backup_2022 Grant AgreementGRANT AGyEE11IENT,
This GRANT AGREEMENT ("Agreement") is made as of this 1 day of DaCAM
2022 ("Effective Date") by and between the SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY, a public agency and body corporate created pursuant
to Section 163.356, Florida Statutes (the "SEOPW CRA"), and MIAMI BLACK POLICE PRECINCT
AND COURTHOUSE MUSEUM, INC. a Florida non-profit corporation ("Grantee").
RECITALS
A. WHEREAS, the SEOPW CRA is responsible for carrying out community
redevelopment activities and projects within its Redevelopment Area in accordance with the 2018
Southeast Overtown/Park West Community Updated Redevelopment Plan, as amended and restated
(the "Updated Plan"); and
B. WHEREAS, Section 2, Goal 5, at page 10 of Updated Plan lists the [p]romotion and
marketing of the community" as a stated redevelopment goal; and
C. WHEREAS, Section 2, Principle 6 at page 14 of the Updated Plan lists the promotion
of "local cultural events, institutions, and businesses," as a stated redevelopment principle; and
D. WHEREAS, Section 2, Principle 14 at page 15 of the Updated Plan lists "restor[ing] a
sense of community and unify[ing] the area culturally" as a stated redevelopment principle; and
E. WHEREAS, since 2018. Grantee has operated the City of Miami Black Police Precinct
and Courthouse Museum ("Black Police Precinct") located in Overtown at 480 N.W. 11ih Street,
Miami, FL 33136 and owned by the SEOPW CRA; and
F. WHEREAS, in 2011, the City of Miami conveyed the Black Police Precinct and
Courthouse Museum ("Black Police Precinct") to the SEOPW CRA for the purpose of continuing
redevelopment efforts in accordance with the SEOPW CRA's Redevelopment Plan.; and
G. WHEREAS, the Black Police Precinct is operated by City of Miami Black Police Precinct
and Courthouse Museum, Inc. ("COMBPPCM"), a 501(c)(3) non-profit established by a group of local
retired police officers who have led efforts to preserve the building and maintains the museum's daily
operations on a volunteer basis; and
H. WHEREAS, on September 22, 2022, the Board of Commissioners passed and adopted
Resolution No. CRA-R-22-0039 attached hereto as Exhibit "A", authorizing the issuance of a grant, in
an amount not to exceed Two Hundred and Seventy -Five Thousand Dollars and No Cents
($275,000.00) to Grantee to underwrite costs associated with the museum's daily operations (the
"Grant"); and
1. WHEREAS. this Agreement and Grantee's Grant may be renewed for one additional three-
year period; and
J. WHEREAS, the parties wish to enter into this Agreement to set forth the terms and
conditions relating to the use of the Grant.
NOW, THEREFORE, iuconsideration ofrhc mutual promises ofthe parties contained herein
and other good and valuable consideration, receipt and sufficient of which is hereby acknowledged, the
SEOPW CRA and Grantee agree as follows:
|RS�TAl�.The Recitals to this Agreement are true and correct, and are incorporated
herein by referenced and made a part hereof.
2. ��T.Su����t�s��ndkio����h��in�dO��c�p\��
w��\��ub\�ations hereunder, the SCU9WCRA hereby agrees to make available, to Grantee, the
Grant to be used for the purpose arid disbursed in the manner hereinafter provided,
I USE OFGRAY4T.�mG����|bcu�dmundenvh�o��u�o io�dwdhUePm�am,
|nucoordxnoc*l8h9copoofV/odkandBudQciin�z6lbi�"0�,uMach�dhor�oundin�orpnru�dhorcin.The
SEOPW CRA is not obligated to expend additional funds beyond the approved grant.
a. INITIAL TERM. The term of this Agreement and Grantee's Grant may be
renewed for three additional one-year periods from. the Effective Date written above, full disbursement of
Two Hundred and Seventy'Five7houoaud Dm|\am and No Cents ($275.000.00) orearlier ax provided
for herein. However, that the following rights ofthe 8GOPW CR/\ shall survive the expiration or early
termination ofthis Agreement: tuaudit nrinspect; torequire reversion nfaauets',toenforce representations,
wurmnhcs,and ou�)�uuhonn; toexerdyecnhUcmuntrnrrmcdirm,limitation ofliability, indemnification,
and reuoveryoffees and costs.
h. RENEWAL OPTION. At the SBOPVV CRA's xu|e opoNn. this Agreement and
Grantee's Grant may be renewed for three additional one-year period(s).
5. DI8BUk88MEN7OFORANT
u. GENBRALLY. Subject to the terms and conditions contained in this/\B�emeu�thoSBDP\�CRA shall make available toGrantee uptoTwo Hundred andSeventy-Five
Thousand Dollars and No Cents ($275,800.00). In noevent shall payments to Grantee under this
Agreement exceed Two Hundred and Seventy -Five Thousand Dollars and No Cents ($275,000.00).
Payments shall be made to Grantee or directly to vendors on behalf of Grantee, only after the SEOPW CRA
has ncocivcd and approved requests for dlsbunrm*nt]naccordance with the SE0PVVCR/\ and Grantee
approved Scope nfWork and Budget.
h. REQUESTS FOR DISBURSEMENT OFGRANT FUNDS, All requests for
the disbursement of grant funds ohuU be submitted in writing to the SEOP\V CBA by Grantee's
authorized representative prior to the termination of this /\grumnont All such requests muxt
be accompanied by supporting documents reflecting the use of grant funds in accordance with the
Progrum`o approved Scope of Work arid Bud- et, as rcOuutod in Exhibit «B". For purposes of this
Agreement, "supporting dooumcnzution"may include invo|ces, receipts, photographs, and any other
materials evidencing the expense incurred, Grantee ag,ous that all invoices or receipts reflecting the
expenses incurred in connection {othe Program xhu|| he inGrantee's name, and not in the name ofthe
S2OPYY CRA in light of Grantee's inability to bind the SC0PW CR/\ to any legal and/or monetary
obligation whatsoever. The 82DPVV CR& reserves the right to request additional supporting
documentation for any expenditures, and the 3E(]PVV CRf\ reserves the right to dcnyuny and
all requests it deems to be outside ofthe approved Scope of Work and Budget. Grantee's tu\|uro to
provide additional supporting documentation or explanation regarding expenses incurred, when
requested by the SEOPW CRA, shall serve as grounds for immediate termination of this Agreement,
and Grantee solely shall bear all costs associated with any expenditures not approved by the SEOPW
CRA.
c. CASH TRANSACTIONS PROHIBITED. The parties agree that no payment
will be made to Grantee as a reimbursement for any Program -specific expenditure paid in cash. Grantee
acknowledges that a cash transaction is insufficient per se to comply with record -keeping requirements
under this Agreement.
d. NO ADVANCE PAYMENTS. The SEOPW CRA shall not make advance
payments to the Grantee or Grantee's vendors for services not performed or for goods, materials, or
equipment which have not been delivered to the Grantee for use in connection with the Program.
6. 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 SEOPW CRA's activities in issuing the Grant. The
SEOPW CRA agrees to provide notice of said guidelines and other requirements to Grantee in advance
of requiring compliance with same. 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.
7. REMEDIES FOR NON-COMPLIANCE. If Grantee fails to perform any of its
obligations or covenants hereunder, or materially breaches any of the terms contained in this Agreement,
the SEOPW CRA shall have the right to take one or more of the following actions:
a. Withhold cash payments, pending correction of the deficiency byGrantee;
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.
8, RECORDS AND REPORTS/AUDITS AND EVALUATION,
a. PUBLIC RECORDS; MAINTENANCE OF RECORDS. This Agreement shall
be subject to Florida's Public Records Laws, Chapter 1 19, Florida Statutes. The parties understand the
broad nature of these laws and agree to comply with Florida's Public Records Laws, and laws relating
to records retention. Moreover, in furtherance of the SEOPW CRA's audit rights in Section 8(c) below,
the Grantee acknowledges and accepts the SEOPW CRA's right to access the Grantee's records, legal
representatives', and contractors' records, and the obligation of the Grantees to retain and to make those
records available upon request, and in accordance with all applicable laws. The Grantee shall keep and
maintain records to show its compliance with this Agreement. In addition, the Grantee's contractors and
subcontractors must make available, upon the SEOPW CRA's request, any books, documents, papers,
and records which are directly pertinent to this specific Agreement for the purpose of making audit,
examination, excerpts, and transcriptions. The Grantee, its contractors and subcontractors shall retain
records related to this Agreement or the Program for a period of five (5) years after the expiration, early
termination or cancellation of this Agreement.
b. REPORTS, The Grantee shall deliver to the SEOPW CRA reports relating to the
use of the Grant to the SEOPW CRA on a monthly basis, including details regarding supportive services
provided toresidents oythe Redevelopment Area, Failure hnprovide said reports shall result ingrant funds
being withheld until Grantee has complied with this provision. 7hoou8ur, continued failure by Grantee in
providing such reports shall 6oconsidered udefault Linder this Agreement.
C, AUDIT RI 'S. The SSOP\�CRA shall have the hco
nduct audits of
the Gron�*'m�condspo�alnin8tothoGrant and tovisit the Program, inorder toconduct its monitoring
and evaluation activities. Grantee agrees tocooperate with the S2OP\oCRA inthe performance of
these activities. Such audits shall take place u1umutually agreeable date and time.
d. FAILURE TOCOMPLY. Grantee's failure tocomply w{th these requirements
or the n:uo|pt or discovery (by monitoring or evaluation) by the SG0PVV CR/\ of any inconsistent,
incomplete, or inadequate information shall be aruundu for the immediate tonn|nxhon of this
Agreement hythe 86O9VVCRA.
9. UNUSED FUNDS. Upon the expiration ofthe term ofthis Agreement, Gmnteemhd|
transfer to the SEOPW CRA any unused Grant funds on hand at the time of such expiration.
10. REPRESENTATIONS; WARRANTIES; CERTIFICATIONS, Grantee represents,
warrants, and certifies the following:
o. INVOICES, Invoices for all expenditures paid for byGrant shall besubmitted
iothe 3SOP\VCRA for review and approval |naccordance with the terms set forth inthis Agreement.
Groncoc' through its authorized representative, shall certify that work reflected in said invoices has, in
fuct, been performed in accordance with the 8oupc of Work and Budget set forth �n Dshihit`^B"
b. EXPENDITURES. Funds disbursed under the Grantahu|| be used solely for
the Program in accordance with the Scope of Work and Budget act forth in Exhibit "B°. All
expenditures ofthe Grant will bomade |naccordance with the provisions ofthis Agreement.
o. SEPARATE ACCOUNTS. The Grant sho||not bcco-mingled with any other
funds, and separate accounts and accounting records will be maintained,
d. POLITICAL ACTIVITIES, Yo expenditure ofGrant funds shall be used for
political activities.
c. LIABILITY GENERALLY. Grantee shall beliable tothe 8EOPWCKA fnthr
amount nFthe Grant expended in manner inconsistent with this Agreement,
f, AD7f{0Rl7Y. This Agreement has been duly authorized by all necessary
actions on the part of, and has been, orwill be, duly executed and delivered by Grantee, and neither the
execution and delivery hereof, nor compliance with the terms and provisions hereof: (i) requires the
approval and consent of any other party, except such as have been duly obtained or as are specifically
noted herein; (ii) contravenes any existing |am. judgment, governmental nu|u, reQu|gion, or order
applicable toorh(ndinQ on any indenture, mortgage. deed of trust, bank loan. or credit agreement,
applicable ordinances, resolutions, or on the date of this Agreement, any other agreement or instrument
to which the Grantee is a party; or (iii) contravenes or results in any breach of, or default under any other
agreement to which the Grantee is a party, or results in the creation of any lien or encumbrances upon
any property ofthe Ocuntcc.
||. NON-DISCRIMINATION. Grantee, for itself and on behalf of its contractors and sub-
contractors, agrees that bshall not discriminate oothe basis ufrace, sex, color, religion, nubnnalo6 'n,
age, dimabUity, orany other protected class prescribed by |um in connection with its performance Linder
this Agreement. Furthermore, Grantee represents thutnootherwise qua!i6udindividual shu|Lsolely, by
reason of his/her race, sex, color, religion, national origin, uQm, disability or any other member of
protected o|aoo be excluded hnm the participation in, be denied benefits of, or be oubioomd to
discrimination under any program oractivity receiving financial assistance pursuant 10this Agreement.
12. COMFLlCT OF O47GK2ST. Grantee is familiar with the following provisions
regarding conflict of interest in the performance of this Agreement by Grantee. Grantee oovunants,
represents, and warrants that it will comply with all euch conflict of interest provisions:
a- Code oythe City ofMiami, Florida, Chapter 2,Article V.
b, Miami -Dade County Code, Section 2-11. 1,
13). CONTINGENCY. Funding for this Agreement is contingent on the availability of
funds and continued authorization for Pnu&,um uoL|vibm' and is subject to amendment or termination
due to lack of funds or authorization, reduction of funds, or change in regulations. The SEOPW CRA
shall not be liable to Grantee for amendment or termination of this Agreement Pursuant to this Section.
14. MARKETING.
o. PUBL|CATlON. In the event Grantee wishes to engage in any marketing
offouy. Grantee sha||, if approved by the SEOPVV CRA in occundunoo with. Section 14(b) 6c|mv,
produce, publish, advertise, disclose, or exhibit the S60PVV CK/\'a name and/or logo, in
acknowledgement of thu 82UPYV CRA'x contribution to the Pru8rum. in all forms of media and
communications created by Grantee for tile purpose of publication, promotion, illustration, advertising,
trade, or any other lawful purpose, including but not ||mbcd to stationary, newspapers, periodicals,
bi||huurdu` posters. email, direct mail, flyers, telephone, public events, and tu|evimion, radio, or interne,
advertisements orinterviews,
h. APPROVAL. The S8(]99/CRA ohoU have the right to approve the form and
placement of all uokoow|edge monts described in Section 14(a) above, which approval shall not be
uornnnouob|y withheld,
c. LIMITED USE. Grantee further agrees that the BEOPY/CkA'snumoand 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, o, in (]runt:c'a use of the
SBOPVVCK/\'o name and logo, confers or may be construed as conferring upon Gmntocany d&hi. \ido.
orinterest whatsoever inthe 8GOPVVCR/\'sname and logo beyond the d�htgranted |nthis Agreement.
15. DEFAULT. If Grantee falls tocomply with any term or condition of this Agreement,
or fails to perform any ofGrantee's obligations hereunder, and Grantee does not cure such failure within
thirty (30) days following receipt of written notice from the SEOPW CRA that such failure has occurred,
then Grantee shall be in default, Upon the occurrence Of Such default hereunder the SE0PVYCR/\, in
addition to all remedies ava|\uh|: to it by |ew, may immcdiuuHy, upon written notice tuGrantee,
terminate this Agreement whereupon all payments, advances, or other compensation paid by the SEOPW
CRA directly to Grantee and utilized by (Jnantcc in violation of this Agreement shall be immediately
returned tothe 9GOP\VCR/\.Grantee understands and agrees that termination ofthis Agreement under
this section shall not ro\cuun Grantee from any obligation accruing prior to the effective daze of
termination.
16. NO LIABILITY. In consideration for the Grant, Grantee hereby waives, releases, and
discharges the City of Miami, the SEOPW CRA, its Board of Commissioners, officers, employees, agents,
representatives, and attorneys, whether disclosed or undisclosed, any and all liability for any injury or
damage of any kind which may hereafter accrue to Grantee, its officers, directors, members, employees,
agents, or representatives, with respect to any of the provisions of this Agreement or performance under
this Agreement.
17. SPECIFIC PERFORMANCE. In the event of breach of this Agreement by the SEOPW
CRA, Grantee may only seek specific performance of this Agreement and any recovery shall be limited
to the grant funding authorized for the Services provided herein, In no event shall the SEOPW CRA be
liable to Grantee for any additional compensation, other than that provided herein.
I 8. INDEMNIFICATION OF THE SEOPW CRA, The Grantee agrees to indemnify,
defend, protect, and hold harmless the City of Miami, the SEOPW CRA, its Board of Commissioners,
officers, employees, agents, representatives, and attorneys from and against all loss, costs, penalties, fines,
damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as
"liabilities") for 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, supplies, materials and equipment contemplated by this Agreement or
the Program, whether directly or indirectly caused, in whole or in part, by any act, omission,
default, professional errors or omissions, or negligence (whether active or passive) of Grantee or its
employees, agents, or subcontractors (collectively referred to as "Grantee"), regardless of whether
it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any
act, om ission, default, breach, or negligence (whether active or pass ive) of the SEOPW CRA, unless
such injuries or damages are ultimately proven to be the result of grossly negligent or willful acts
or omissions on the part of the SEOPW CRA; or (ii) the failures of Grantee to comply with any of
the paragraphs provisions herein; or (iii) the failure of Grantee to conform to statutes, ordinances,
or other regulations, or requirements of any governmental authority, federal, state, county, or city
in connection with the granting or performance of this Agreement, or any amendment to this
Agreement. Grantee expressly agrees to indemnify and hold harmless the SEOPW CRA, from and
against all liabilities which may be asserted by an employee or former employee of Grantee, any
of subcontractors, or participants in the Program, as provided above, for which Grantee's liability
to such employee, former employee, subcontractor, or participant would otherwise be limited to
payments under state Worker's Compensation or similar laws,
19. INSURANCE. Grantee shall, at all times during the term hereof, maintain such
insurance coverage as provided in Exhibit "C" attached hereto and incorporated herein, All such
insurance, including renewals, shall be subject to the approval of the SEOPW CRA, or the City of
Miami (which approval shall not be unreasonably withheld) for adequacy of protection and
evidence of such coverage shall be furnished to the SEOPW CRA on Certificates of Insurance
indicating such insurance to be in force and effect and providing that it will not be canceled, or
materially changed during the performance of the Program under this Agreement without thirty
(30) calendar days prior written notice (or in accordance to policy provisions) to the SEOPW CRA.
Completed Certificates of Insurance shall be filed with the SEOPW CRA, to the extent practicable,
prior to the performance of services hereunder, provided, however, that Grantee shall at any time
upon request by SEOPW CRA file duplicate copies of the policies of such insurance with the
SEOPW CRA.
If, in the reasonable judgment of the SEOPW CRA, prevailing conditions warrant the
provision bvGrantee ofadditional !iubUbv insurance coverage or coverage which is different in
kind, dbe SGOPW CR& reserves the right to require the provision by Grantee of all amount of
coverage different from the arnounts or kind previously required and shall afford written notice of
such change in requirements thirty (30) days prior tothe date on vvhlcb the requirements shall take
effect, Should (3raotcc fail or refuse to satisfy the requirement nfchanged coverage within thirty
(3O) days following the SEOPVV C8A's written ooboc. this Agreement ohull be considered
ten-ninated on the date tile required change in policy coverage would otherwise take effect, Upon
such termination, the 8EDPVY CR& shall pay Grantee expenses incurred for the Program, prior to
the date oftermination but nhu|| not he liable to Grantee for any additional compensation, or for
any consequential orincidental domxgem.
20. DISPUTES. lnthe event o[wdispute between the EXecutivcDirector oftile SE{}PW
CRA and Grantee as to the terms and conditions ofthis Agreement, the Executive Director of the
SBDP\V CRA and {}runDoc shall proceed in good faith toresolve the dispute. }[the parties are not
able zoresolve the dispute within thirty (]O)days ofwritten notice iothe other, the dispute shall ho
submitted to the 3[%}PVVCRf\'s Board of Commissioners for resolution within ninety (gU) days of
the expiration ofsuch thirty (30)doy period orSuch longer period as may be agreed to hythe parties
tothis Agreement. The Board's decision shall be deemed final and binding unthe parties,
21. INTERPRETATION,
a. CAPTIONS. The captions inthis 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 ufthis Agreement orthe scope orintent thereof.
b. ENTIRE }\ORBSK4GN7. This instrument constitutes the oo|o and only
agreement ofthe podicn hereto relating oothe Grant, and correctly set forth tile rights, dudes, and
obligations of the partiea. There are no collateral or oral agreements or understandings between the
SEOPWCRA and Grantee relating to the Agreement. Any promises, negotiations, or representations not
expressly set forth in this Agreement are oFno force oreffect. 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 nomhmc The word "including" 5a\|o*ed by any specific item(s) lsdeemed to refer
to examples rather than to be words of limitation.
C. CONTRACTUAL INTERPRETATION, Should the provisions of this
Agreement n:qo|ro judicial or arhitra| interpretation, it is agreed that the ^ud|o|u| or udzkra| body
interpreting or construing the same nho\| 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 mnroytricdyagainst the party which i\oclforthnougb itsugcntapn:pured oamc, i1b6ngngr ed
that the agents ofboth parties have equally participated |nthe preparation of this Agreement.
d. COVENANTS. Each covenant, agreement, obligation, term, condition, or
other provision herein contained shall buduemcd and construed avaseparate and independent covenant
of the party bound by, undertaking or making the same, not dependent on any other provision of this
Agreement un|ouo otherwise expressly provided. All of the terms and conditions ucL forth in this
Agreement shall apply throughout the term of this Agreement unless otherwise expressly set forth
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. THIRD -PARTY BENEFICIARIES. No provision of this Agreement shall, in
any way, inure to the benefit of any third party so as to make such third party a beneficiary of this
Agreement, or of any one or more of the terms hereof or otherwise give rise to any cause of action in
any party not a party hereto.
22. AMENDMENTS. No amendment to this Agreement shall be binding on either party,
unless in writing and signed by both parties.
23. DOCUMENT OWNERSHIP. Upon request by the SEOPW CRA, all documents
developed by Grantee shall be delivered to the SEOPW CRA upon completion of this Agreement, and
may be used by the SEOPW 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 the SEOPW CRA to Grantee pursuant to this Agreement shall at all times
remain the property of the SEOPW CRA and shall not be used by Grantee for any other purpose
whatsoever, without the written consent of the SEOPW CRA.
24. AWARD OF AGREEMENT. Grantee warrants that it has not employed or retained any
person employed by the SEOPW 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 SEOPW CRA any fee, commission
percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of the
Grant.
25, NON-DELEGABILITY. The obligations of Grantee under this Agreement shall
not be delegated or assigned to any other party without the SEOPW CRA's prior written consent
which may be withheld by the SEOPW CRA, in its sole discretion.
26. CONSTRUCTION. This Agreement shall be construed and enforced in accordance
with Florida law.
27. TERMINATION. The SEOPW CRA reserves the right to terminate this Agreement, at any
time for any reason upon giving five (5) days written notice of termination to Grantee. If this Agreement
should be terminated by the SEOPW CRA, the SEOPW CRA will be relieved of all obligations under this
Agreement. In no way shall the SEOPW CRA be subjected to any liability or exposure for the termination of
this Agreement under this Section.
28, 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 or refusal of delivery, whichever is earlier.
To SEOPW CRA:
To Grantee:
James McQueen, Executive Director
Southeast Overtown/Park West Community Redevelopment Agency
819 N.W. 2nd Avenue, 3rd Floor
Miami, FL 33136
Email: JI`vIcQueenQiniainigov.com
With copy to: Vincent T. Brown, Esq., Staff Counsel
Southeast Overtown/Park West Community Redevelopment Agency
819 N.W. 2nd Avenue, 3rd Floor
Miami, FL 33136
Email: VTBrownamiamigov.com
Terrance Cribbs-Lorrant, Museum Director
City of Miami Black Police Precinct and Courthouse Museum
480 N.W. 1 l'h Street
Miami, FL 33136
Email: terrence.smithe.miamidade.gov
29. INDEPENDENT CONTRACTOR. Grantee, its contractors, subcontractors,
employees, agents, and participants in the Program shall be deemed to be independent contractors,
and not agents or employees of the SEOPW CRA, and shall not attain any rights or benefits under
the civil service or retirennentlpension programs of the SEOPW CRA, or any rights generally
afforded its employees; further, they shall not be deemed entitled to Florida Workers' Compensation
benefits as employees of the SEOPW CRA.
30. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties
hereto, and their respective heirs, executors, legal representatives, successors, and assigns.
31. MULTIPLE COUNTERPARTS AND ELECTRONIC SIGNATURES. This
Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and
the same instrument, and each of which shall be deemed to be an original. The facsimile or other
electronically delivered signatures of the parties shall be deemed to constitute original signatures, and
facsimile or electronic copies hereof shall be deemed to constitute duplicate originals.
32. MISCELLANEOUS.
a. In the event of any litigation between the parties under this Agreement, the
parties shall bear their own attorneys' fees and costs at trial and appellate levels.
b. Time shall be of the essence for each and every provision of this Agreement.
c. All exhibits attached to this Agreement are incorporated in, and made a part
of this Agreement.
/
IN WITNESS VV8BRCOE in consideration Of the muCuo| entry into this Agreement, for other
cood�ndvu|uab|cconoid�n�ion.ondin/�ndin�ioho|��d|ybound.the SEUPWCRAand Ommuohave
executed this Agreement,
--
C
' F9xCUEkCY;
Vincent 1[Brown, Cyq,
Staff Counsel
Y/l?NB8SGS:
�
SOUTHEAST 0VSKTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AGENCY, u
public agency and body corporate created pursuant
to Section |6lJ56`Florida Statutes
By:
Executive Director
APPROVED AST0INSURANCE
BYFyo4, G&neZ(Nov 22.2022l5.OlEST)
Anne Marie Sharpe
Director o[Risk Management
Miami Black Police Precinct and CouUhouxe
Noscum` |nc.a Florida non'profiaoorpomhon
('Omnt�r').' I—
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[SIGNATURE PAGE TOORANTAOREEMENT]
EXHIBIT "A"
Resolution No. CRA-R-22-0039
Southeast Overtown/Park West
Community Redevelopment Agency
File Number: 12601
Legislation
CRA Resolution: CRA-R-22-0039
Final Action Date:9/22/2022
THE ATTACHED RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
AGENCY ("SEOPW CRA") AUTHORIZES A GRANT TO CITY OF MIAMI BLACK
POLICE PRECINCT AND COURTHOUSE MUSEUM ("BLACK POLICE
PRECINCT") IN THE AMOUNT OF $275,000.00 PER YEAR FOR OCTOBER 1,
2022 — SEPTEMBER 30, 2023, OCTOBER 1, 2023 — SEPTEMBER 30, 2024,
OCTOBER 1, 2024 — SEPTEMBER 30, 2025, AND OCTOBER 1, 2025 —
SEPTEMBER 30, 2026, RESPECTFULLY TOTALING AN AMOUNT OF 1.1
MILLION DOLLARS, FOR THE DAILY OPERATION OF THE BLACK POLICE
PRECINCT. FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO
DISBURSE FUNDS, ON A REIMBURSEMENT BASIS OR DIRECTLY TO
VENDORS, UPON PRESENTATION OF INVOICES AND SATISFACTORY
DOCUMENTATION; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE
ALL DOCUMENTS NECESSARY FOR SAID PURPOSE. FUNDS TO BE
ALLOCATED FROM SEOPW TAX INCREMENT FUND, ENTITLED "OTHER
GRANTS AND AIDS," ACCOUNT CODE NO. 10050.920101.883000.0000.00000;
PROVIDING FOR INCORPORATION OF RECITALS AND PROVIDING FOR AN
EFFECTIVE DATE.
"INCOMPLETE (ITEM WAS ADOPTED WITIi MODIFICATIONS). PENDING FINAL APPROVAL AS
TO FORM AND CORRECTNESS BY GENERAL COUNSEL."
WHEREAS, the Plan lists Black Police Precinct and Courthouse Museum ("Black Police
Precinct") as being a structure of major importance and emphasis should be placed on its
preservation. Further, the Black Police Precinct was renovated by the City of Miami to be used
as a museum and to promote cultural activities for the Overtown community; and
WHEREAS, The Board of Commissioners hereby authorizes a grant, in an amount not
to exceed $275,000.00, for the daily operation of the Black Police Precinct.
WHERE AS, Section 2, Goal 1, at page 11, of the Plan lists the "preserv[ation of] historic
buildings and community heritage" as a stated redevelopment goal.
WHERE AS, Section 2, Principle 6, at page 15, of the Plan states, "local cultural events,
institutions, and businesses are to be promoted". Further, Section 2, Principles 8 and 14, at
page 15 of the Plan states that "older buildings that embody the area's cultural past should be
restored" and the area's sense of community should be restored and unified culturally.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated herein as if fully set forth in this Section.
City of Miami Page 1 of 2 File ID: 12601 (Revision: A) Printed On: 9/27/2022
File ID: 12601 Enactment wumuer:cnA*R-cu-0on
Section 2. The Board of Commissioners hereby authorizes ogrant, inenamount not
toexceed $275.00O.00.for the daily operationofthe Black Police Precinct.
8eohVn 3. The Executive Director is authorized to disburse funds, at his discretion,
nnareimbursement basis ordirectly hovendors, uponpreaenbdkJnofinvoiceaandsebafeutory
documentation.
Section 4. The Executive Director is authorized to execute all documents necessary
for the purposes set forth above.
Secdion5. This Resolution shall become effective immediately upon its adoption.
APPROVED A8TDFORM AND LEGAL SUFFICIENCY:
City of Miami Page aofx File ID: 12601 (Revision: A)Printed on: 9/27/2o22
EXHIBIT "B"
Scope of Work and Budget
2022
PROTECT
PROPOSAL
MUSEUM FUNDING PROPOSAL
REQUEST FOR: SEOPWCRA
COLLECTING HISTORY -RESTORING
THE TRUTH
PROPOSED BY
TERRANCE CRIBBS-LORRANT
c btaek
tea lento
Ii Y i Mt1M BLAC!
>I ICEfrPRECINCT AN
URTHOUSE MUSEUI
o; as; u
ski d-o er.;the re inct's:courtroom.' Re
elected :ih-, t e`: oath :since: Reconstruction.
of Miami appointed
"�.e presided along-
h ci. s criticrsd:- to careet5 to. serve
'c:r Pric 'unx a -because
tee .and operated "Ys .a segregated station
as x o. other:: kfaw,n: to ea tst in;the gauntry:
blueprint for-communitypo icing;practices,
for .lack:defendants in
OVERVIEW OF THE COMPANY
|» September »f}944'the Miami
Police Department began hiring
black police officers, |nMay nflg5o'
a police precinct was built by
renowned Miami architect, Walter G.
DeGarnnoat48O NVVll Street to
provide astation house for African
American policemen and a
courtroom for African American
judges in which to adjudicate
African American defendants. This
building is unique axthere isno
other known structure in the nation
that was designed, devoted to and
operated as aseparate station house
and municipal court for Blacks. The
precinct closed inlg63and the
police department was integrated at
the main MPDpolice station.
The Africa n,4nnericanuwho served
here improved their professional
status within both the Black and
White communities; although, they
continued tobetreated assecond-
class citizens. Pioneering efforts of
the first five Black patrolmen opened
the door for hundreds ofAfrican-
American nnenandvvonnento
become law enforcement officers in
the Miami Police Department.
Judge Lawson E.Thomas, one nftwo
judges who presided inthe
preoinct'scourthouse, was the first
African -American judge appointed in
the South since Reconstruction.
Judge Thomas distinguished himself
as tireless proponent ofracial
equality throughout his legal career
and was extremely effective in
decreasing juvenile delinquency and
other crimes within the community.
The precinct was restored in 2008
with funding assistance from the
City ofMiami, the members ofthe
City ofMiami Retired Police Officers
Community Benevolent Association
(C{}k4'Q'POCBA).and agenerous
grant from the Florida Department of
State. Division of Historical
Resources. The movement tn
preserve the building was initiated
hymembers of COw1'Q'P{>C8A
(among them, many who served in
the historic precinct) and the late
Arthur E. Tee|e, Jr. City
Commissioner,
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The Board ufthe Museum would like mbuild u
the accomplishments vrthe past ov
tran,/tioni"ythe operation mthe Museum from
one that was essentially vv/unu,vruriven mone
that relies vnexperienced professionals in the
fields mmuse*/oov. ^umm/u". fundraising and
event production, Through the services orthese
professionals, the Board will work mcreate one
'* the City orw/am,sbest museums; one the
,ey/vn'smost popular tourist destinations; and
one ofthe community's most precious assets.
ou,objact/ws ran 4omet rapidly through our
continued and strengthened partnerships with
the City ofMiami and the vsnmmmnA'With the
cnA',financial assistance for one year, vmwill
ueable to:
~ Design and update professionally -developed
exhibits in the Museum that will greatly
enhance our mission v,aneducational
institution dedicated mthe history o,the
Precinct and Courthouse
^ Utilize the services n,clerical. museum, and
event professionals
^ Fund marketing and outreach
^ Purchase equipment and software necessary
for educational programming
^ Fund social media and online presence for
the Museum
^ Continue the expansion orcommunity-center
programs and projects that underline the
mission ofthe museum, encourages better
communication between law enforcement
and citizens and offer best practice
approaches ,o*ummos.workshops and
activitles
Furthermore, the Board ivcommitted m
reaching financial self-sufficiency via x number
o,revenue streams that include:
^ Membership
^ Annual Campaign
~ Endowment
^ Fundraisers
~ Events
^ Grants & Foundation Awards
^ n°"ta/,
^ oinsho»su/es
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DESIGNATION
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Programming will include;
Exhibits
Design and updateprofessiona||y'deve|oped exhibits in the
Museum on both floors of the museum. The new exhibits will
include artifacts and first -person narratives regarding
experiences for law enforcement officers /n the decade ofl95O;
experiences in Miami's ^B|ack^courtroom and the
desegregation of the Miami Police Department. Other focuses
include the initial five Black patrolmen and other "firsts" for
African -Americans /n Miami law enforcement. The museum has
exhibited during Art Base] and supported the collective Art of
Black Miami.
Education
Educational outreach programs will be implemented for K'8
and High school students. The curriculum will focus on issues
dealing with buUying, community implicit bias training. |avv
enforcement, self-expression and community projects involving
art, preservation, and subsequent exhibits. Girl Scout Troop l877
was established in 2018 and continues to support young girls
throughout the Over1ovvn community. The Museum has a
strong track record of schools visiting the site and has worked
with S'OOO Role Models and Teen Court, The Museum plans to
install Closed Circuit equipn7ent~~which will link the courtroom
onthe second floor tothe educationa|/a||-purpnaecenter on
the first floor.
Marketing and Outreach
The Museum will engage inmfull marketing and public
relations plan spearheaded through staff contributions. The
museum will continue its partnership with AAAMand continue
toseek Smithsonian affiliate status. The Museum will be
featured in print and other media via press releases and
advertisements while producing a regularly publish newsletter.
Marketing includes working with the Convention and Visitors
Bureau and partnering with other venues in []vertovvn and
Miami. The Museum will develop \tsvveboite and social nned|m
presence.
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Personnel
The Museum will transition from an
all -volunteer staff to professionals.
including;
~ Museum Director
° Museum Curator
° Museum Education Coordinator
~ Recnrder/Bpokhoeper
, Oral Historian Facilitator
~ Docents
Project Timeline:
The hypothesis of this project is to
attract new systems approach, using
the stories and practices u[the Black
Police Precinct and Courthouse. Aaa
case study for how we might he able
tosubscribe tn a different mindset
when it comes to [black] people and
|ovv enforcement working together to
solve and reduce crime within
neighborhoods. For data collection,
the project will vvu,k directly with the
Miami Black Police Associations to
assign and assess the practices of
Black officers currently working
neighborhoods ofcolor. Through a
cultivation of collected data, oral
interviews; mixed methods research
approarh, an attractive virtual exhibit
will becu,atedtobring voice tothe
content's conversation and to the
current systems' influencers. From
concept to creation, This 7'to'10'
nnonth project will set the course for
future discussions that potentially
invoke policy changes both atthe
local, state and even national level.
The virtual exhibit will be accessible
tomore than 4l5schools: with specific
curriculum guided instructions that
foster an appreciation for |avv
enforcement and community. Working
together to address the problem
together; Collecting History Restoring
The Truth.
BLACK �Vp�|FORM:
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The City ofMiami and 3EOPVV[QA
have unique opportunity to
increase their revenue in the
Overtovvncommunity byfostering a
vibrant and popular Museum. The
Board believes that an institution of
the magnitude we plan will be an
incorno'driverwithin the community
—bringing Museum visitors toother
venues within the community to
dine, shop, and frequent other
historic sites. We believe in this
because our experiences inoperating
this Museum with very little in the
way of financial resources have
shown that the Museum has
attracted tourists and local visitors in
ever-increasing numbers.
The City ofMiami, 3EOPWCPA, and
the Museum have aunique
partnership opportunity, The Museum
Is destined to increase its
attendance, educational outreach,
and impact in the community. This
translates toasignificant economic
impact onthe community of
Overtnvvn and national attention for
the City of Miami, We thank you and
respectfully request your support. VVe
direct your attention to the attached
Budget Narrative and the proposed
Expense and Revenue Budget,
Fundraising
Event Production and Gift Shop
The Museum will contract with an Event Producer to
create fund and awareness -raising events appropriate
to the Museum's mission. The Events Producer will
also merchandise and purchase inventory for the Gift
Shop. It is projected that the events will grow through
time and be a reliable source of revenue for the
Museum. Proposed fundraising projects include:
• Ball & Chain Themed Weddings
• Pioneer's Gala or Cops & Robbers Ball
• Black History Excellence: Past, Present & Future
• Art Basel -coordinated Exhibit
Board -Initiated Fundraising
The Museum Board, as of 2019, have committed to
annually donating $500.00 each and have volunteered
service of in -kind exceeding $80,000. In 2021, for the
first time since joining the #GiveMiamiDay, the
museum past its financial goal of $10,000 with more
than 65% first time donors. Board members continue
to raise awareness of the institution via a number of
outlets, establish a robust membership, and create an
endowment to ensure the Museum's fiscal health.
Grants and foundation funds will be actively sought.
SINCE 2017, IN SPITE OF THE
PANDEMIC, THE MUSEUM
CO,h;rlNUES TO FOCUS
EFFORTS TOWARDS
COMMtaNITY QLITREACH AND
SUSTAINABLE: PPOCRAMMING
Because you Se,
SALU
Student ticket wf School ID 55
Seniors 65 & up $5
Tour the museum the week of your birthday: FREE ENTRY
Officers & First Responders FREE (with Proof of Servic
Officer VALID:
Address: 480 NW 11th Street
Phone Number; 305.235 -2513
Webstte: www.hlstoriealblackpreeinet.org
f.1,3552-V3,"
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SEOPW CRA 2022 Proposal Budget Request
CRA 2022 Proposal Budget Request
Applicant Organization: City of Miami Black Police Precinct and Courthouse Museum
Project Name: Collecting History Restoring The Truth
Project Start Date/End Date: 11/1/2022 - 10/01/2023
Description/Details for Each Line Item
Amount
A. Salary, Wages & Benefits
Please list each staff member on as a
separate line item in column B.
Museum Director -FT (does not include fring,dene * $38.46 x 40
80,000.00
Museum Curator -PT $23 x 26hr 48wk
2 ,704.00
Education Coordinator- PT $20 x 26hrs x 48 k
24,960.00
Recorder/ Bookkeeper -PT x l2hr x 4
6,128,00
Docents/Oral Historian Facilitator x 2 .5hr x 48 wk
60,912.00
A. Salary, Wages & Benefits Total
0,704,00
8. Equipment
Not o exceed 20% oftotal projectst .
-
-
B. Equipment To al
-
C. SuppliesSupplles & Matedais
5 l 4') printed panels
3,500.00
mplicit BsKnowing The Law Workbooks $120 x 25 people
3,000.00
C. suppfles & Materias Total6,500,00
D. Design & Publication Costs
Print Ads (5): Mami Herald and Miami Times- Quoted cost
4,250.00
Banners • Announcing exhibit opening, one interior, one esterior $500 x
1,500.00
Printing: Programand exhibit brochures $.80 x 4000
,200.00
Printing: Announcement cards of exhibit , 0 x 2272
$ 1,136.00
D. Design & Pubflcation Costs Total0,0
6.00
E. Consultant Costs
Implicit Bias Training Consultant $ 2 x 350hrs
18,200.00
Exhibit Designer: x 200 hours
5,000,00
Exhibit Installation: Quoted rate
,500.00
Graphic/Application Designer: $25/hr x 3 0 hrs
7, 00.00
Cinematographer: hr x 130 hrs
6,760,00
-
E. Consuttant Costs Total
,9 0.00
F. Other Direct Costs
Include any direct costs that do riot fit into
Speakers (5): Honoraria x
,2 0.00
Focus Group Participants (25): Compensation x 25 participants
1,250.00
one of the above categories.
Community Impiiciti 6 wk Workshop- 2 0 x 25 participants
6,250.00
$
F. Other Direct Costs Total
,7 0.00
TOTAL D RECT COSTS
$275,000
G. indirect Cos
%
0
H. Total Project Costs
$275,000
EXHIBIT "C"
Insurance Requirements
INSURANCE REQUIREMENTS - CITY OF MIAMI BLACK POLICE
PRECINCT AND COURTHOUSE MUSEUM, INC.
Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Personal and Adv. Injury $ 1,000,000
Products/Completed Operations $ 1,000,000
B. Endorsements Required
City of Miami listed as additional insured
SEOPW CRA listed as additional insured
Contingent & Contractual Liability
Premises and Operations Liability
Primary Insurance Clause Endorsement
The City of Miami Southeast Overtown Park West
Building Department Community
444 SW 2nd Ave Redevelopment Agency
Miami, FL 33130-0000 819 NW 2nd Avenue, 3rd Floor
Miami, FL 33136-0000
11. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Owned/Scheduled Autos
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
SEOPWCRA listed as an additional insured
Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of Subrogation
Employer's Liability
A. Limits of Liability
$100,000 for bodily injury caused by an accident, each accident
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
IV. Liquor Liability (IF APPLICABLE)
Each Common Cause
Policy Aggregate
City and SEOPWCRA listed as an additional insured
VII. Crime Coverage (IF APPLICABLE)
$1,000,000
$1,000,000
Limits of liability $1,000,000
Employee theft and forgery and alteration included
City and SEOPWCRA listed as loss payee
VIII. PROPERTY
Commercial Property Insurance covering the Business Personal Property owned by the
Licensee. Commercial property insurance shall, at a minimum, cover the perils insured
under the ISO Special Causes of Loss Special Form (CP 10 30), or a substitute form
providing equivalent coverages written on an All Risk or Direct Physical Loss or
Damage, including wind and named storm coverage and hail and flood, if applicable. In
addition, the policy should afford for time element and replacement cost valuation. The
City and SEOPWCRA shall be included as loss payee on this coverage.
The above policies shall provide the City of Miami with written notice of
cancellation or material change from the insurer in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less
than "Class V" as to Financial Strength, by the latest edition of Best's Insurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent. All policies and /or certificates of insurance are subject to review and
verification by Risk Management prior to insurance approval.