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HomeMy WebLinkAbout25625AGREEMENT INFORMATION AGREEMENT NUMBER 25625 NAME/TYPE OF AGREEMENT MIAMI-DADE COUNTY & STATE ATTORNEY'S OFFICE DESCRIPTION MEMORANDUM OF UNDERSTANDING/GUN VIOLENCE RESEARCH PROJECT/FILE ID: 8301/R-21-0007/MATTER ID: 25• 1430/#7 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 6/10/2025 DATE RECEIVED FROM ISSUING DEPT. 6/18/2025 NOTE ou a 5 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI AND THE MIAMI-DADE COUNTY STATE ATTORNEY'S OFFICE FOR THE GUN VIOLENCE RESEARCH PROJECT THIS MEMORANDUM OF UNDERSTANDING ("this Agreement") is hereby entered into between the CITY OF MIAMI, a Florida municipal corporation ("City"), by and through the CITY OF MIAMI POLICE DEPARTMENT ("MPD"), and MIAMI-DADE COUNTY STATE ATORNEY'S OFFICE ("SAO"), located at E.R. Graham Building„ 1350 NW 12TH Avenue, Miami, Florida, 33136, hereinafter collectively referred to as the "Parties", for the Gun Violence Research Project ("Project"). The Parties acknowledge the following: WHEREAS, the SAO supports the MPD's priorities to reduce serious violent crime, gun violence, dismantle gang activity, and strengthen local capacity to combat drug abuse; and WHEREAS, the SAO assists communities build trust and supports taw enforcement agencies working with strategic crime reduction efforts and uses this information to understand and target the issues creating criminal activities; and WHEREAS, the SAO seeks to analyze data relating to gun violence and homicide to better inform our collective efforts; and WHEREAS, the Project will support MPD's aims to reduce crime and mitigate the impacts on crime victims; and WHEREAS, the City, through MPD and SAO, endeavors to implement the Project pursuant to all requirements and guidelines of federal, state, and local laws: and WHEREAS, the objectives between the Parties under this Agreement include the analysis of data to encourage and support a comprehensive strategy to reduce serious crimes: and WHEREAS, the Parties are committed to achieving the maximum benefits through a partnership to implement and maintain the. Project in the City; and NOW THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter set forth, the Parties agree as follows: I. PROJECT The Project will support the FY 2020 Local Law Enforcement Crime Gun Intelligence Center (CGIC,) Integration initiative by providing the personnel. equipment and software necessary to analyze gun violence and/or homicide in the City and County. The analysis will inform the agencies how they can better reduce gun violence and protect victims. For this Project the City, by and through MPD, shall serve as the "lead" organization. II. OBLIGATIONS OF THE PARTIES A. CITY'S OBLIGATIONS: 1. The City, by and through MPD, shall serve as the implementing agency for the Parties to establish the Project services. 2. MPD shall assign a sworn law enforcement officer to serve as the "Project Coordinator." The Project Coordinator shall be the liaison between MPD and the Parties to this Agreement. Additionally, the Project Coordinator shall serve as the primary contact for all required reporting. The Project Coordinator shall ensure that all MPD officers receive training regarding the policies and procedures pertaining to the Project. 3. MPD shall assign an Officer to serve as the "Project Director" ("Director") who will oversee the overall implementation of the Project, facilitate the policy decision -making process otherwise support the project. The Director shall also review the first year Project performance and adjust the Project as needed to meet the Project's objectives. B. SAO'S OBLIGATIONS: 1. SAO shall provide the services required to complete the above -referenced obligations under this Agreement, including the Scope of Work services contained in "Attachment A". which is hereby incorporated herein by reference. III. TERM OF AGREEMENT 1. The term of this Agreement shall begin on October 1, 2020. and will expire on September 30, 2025. The term period of this Agreement is subject to renewal, amendment, or early termination upon the sole discretion of the Chief of Police or designee. and subject to available grant funds awarded. 2. The Parties to this Agreement understand and acknowledge that the terms to this Agreement are completely subject to the availability of funds received by MPD pursuant to the (CGIC) Integration initiative grant project. 3. Either party may in its sole discretion, with or without cause, at any time, terminate this Agreement, in whole or in part, upon ten (10) days written notice to the Parties. Such notice shall be delivered Certified Mail with Return Receipt Requested to the Parties' director at the address specified in Article XV, Paragraph 3, titled 'Notices' in this Agreement. Additionally, this Agreement can be terminated immediately, after joint conference with • all Parties, if it is deemed necessary to protect the health, safety or welfare of the Program customers. IV. AVAILABLE FUNDS FOR PROJECT SERVICES 1. The amount of compensation payable by the City to SAO as a contractor shall be based on the rates quoted in "Attachment B" hereto, which by this reference is incorporated into and made a part of this Agreement. The total fees available under this Agreement, during the entire term, cannot exceed a cumulative total of $159,329.00. 2. For services provided by SAO as set forth in this Agreement and respective Scope of Work attachments, SAO shall provide the City with invoices detailing services delivered within the invoice period and the costs associated in the performance of those services for the City to review and compensate. 3. Payment shall be made in arrears based upon work performed to the satisfaction of the City within thirty (30) days after receipt of Party contractor's invoice for Services performed, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should the City require one to be performed. Invoices shall be sufficiently detailed so as to comply with the grantor's requirements. V. DATA MANAGEMENT 1. SAO will work with MPD's Project Director and Coordinator during the first quarter to develop protocols for collecting, tracking, and exporting data reports via e-mail and MPD reporting systems consistent with the evaluation design and program goals. VI. CONFIDENTIAL INFORMATION 1. SAO acknowledges it may receive or have access to data that is confidential and proprietary to MPD. "Confidential Information" shall be defined as data or information which is provided to SAO in connection with this Agreement in writing and marked "proprietary" or "confidential" at the time of disclosure, or information which is transmitted to SAO in connection with this Agreement orally, provided that MPD promptly reduces such information to a writing delivered to SAO and marked "proprietary" or "confidential". Notwithstanding the foregoing, all raw data provided by MPD to SAO and all information that is either individually identifiable or could be used to identify an individual shall be deemed to be "Confidential Information" regardless of the circumstances of disclosure. SAO shall that unless expressly authorized in writing by MPD. SAO shall use such information and property only for performance of this Agreement and shall not disclose, copy, distribute, or otherwise disseminate the Confidential Information to any third parties except to the SAO's employees, associates, and Subcontractors who require such information to perform the Services specified in this Agreement. SAO shall protect the Confidential Information using the same degree of care it uses to protect its own Confidential Information using no less than a reasonable degree of care. 3 2. Notwithstanding paragraph 1 above, Confidential Information shall not includeaggregate results, data or extrapolations ('`Research Findings''), provided that no raw data, information that is individually -identifiable or information that could lead to identifying an individual provided by MPD is included in such Research Findings. 3. However, such obligation will not apply to information that SAO can demonstrate by its written records was: (a) previously known to SAO; (b) acquired by SAO from a third party having the right to disclose such information; (c) known to the public through no fault of SAO; or (d) is required by law, judicial order, or subpoena to be disclosed by SAO. SAO shall maintain data protection processes and systems sufficient to protect MPD provided information and property. SAO shall promptly report_to MPD any discovered unauthorized access to or use of information. 4. The foregoing obligations with respect to Confidential Information will survive the expiration or termination of this Agreement for a period of three (3) years or such longer period as required by law, regulation, or court order. VII. PROGRAM ENHANCEMENT AND QUALITY IMPROVEMENT. 1. A Performance Improvement Plan will assist the program in, attaining its goals and objectives and improve program quality. MP[:) personnel will be involved in ongoing qualitymanagement, measurement, and feedback processes. Process data will be examined relating programmatic processes to socio-demographic; van ah1es identify a correlation. Findings will be reported to MPD. VIII. INDEMNIFICATION 1. SAO shall indemnify, defend and hold hannless the City and its officers, directors, employees, agents, representatives, affiliates, successors and permitted assigns (collectively, "City Indemnified Parties") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, and attorneys' fees and the costs of enforcing any right to indemnification under this Agreement, and the attorneys' fees and cost of pursuing any insurance providers, incurred by City Indemnified Parties or awarded against City Indemnified Parties relating to. arising out of, or resulting from: (1) any claim of a third party arising out of or occurring in connection with SAO's gross negligence, willful misconduct, violation of any applicable law or regulation, or breach of this Agreement; (2) the ownership. licensing, selection, possession, leasing, renting, operation, control, use, maintenance, delivery, return, or other disposition of the operation or services that results in any personal injury, wrongfiil death, or property damage resulting in relation to the scope of work services. and/or (3) any claim by any third party unaffiliated with City relating to, arising out of, or concerning any infringement or misappropriation of the Intellectual Property rights ofa third party to the extent any such third party claim of infringement or other violation of any Intellectual Property right of any such third party. The indemnities provided in this Article shall survive the termination or expiration of this Agreement. 4 IX. INSURANCE 1. To provide continuous adequate liability insurance coverage during the, existence of this agreement and any renewals(s) and extension(s). By execution of this agreement, unless it is a state agency or subdivision as defined by subsection 768.28(2). F.S., the contractor accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the contractor and the customers to be served under this agreement. Upon execution of this agreement, the contractor shall furnish to the City written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self- insurance program established and operating under the laws of the State of Florida. The City reserves the right to require additional insurance as may be specified in this agreement. 2. The City and its employees shall at all times be covered by general liability insurance, with limits of coverage no less than $2,000,000 per occurrence and $2.000,000 annual aggregate and professional liability with limits of coverage no less than $1.000,000 per occurrence and $3,000,000 in the annual aggregate. Certificates evidencing such coverages shall be furnished to Subrecipient upon request. X. WAIVER OF CONSEQUENTIAL DAMAGES 1. In no event shall any Party be Iiable to another Party for any indirect, special, punitive or consequential damages, or loss of revenue or profits, arising in connection with this Agreement. XL COMPLIANCE WITH LAWS Each of the Parties hereto shall comply and assure that any employee, personnel, representatives, agents, contractors, other contractors, subcontractors and vendors engaged by them in the performance of this Agreement shall comply with all applicable laws and regulations, including: the ADA; all federal, state and local laws; laws relating to fair employment practices; laws pertaining to health, fire, or public safety; all applicable laws pertaining to the provision of medical services and all other applicable laws. In connection with the performance of work under this Agreement, no party hereto shall (i) discriminate against any person. or (ii) refuse to hire or promote, or discharge or demote, or discriminate in matters of compensation against any person otherwise qualified, in either case solely because of that person's race, color. creed, religion, sex, gender identity, age, national origin, military status, physical or mental disability, marital status, sexual orientation or any other legally protected basis. The parties further agree to insert the 5 p!i .�_.�.,.. .•,,:x:-;..•.:..c:2s ,s, =tiz-:,aw_,...: a.;.'.;.-,'.`t.31- x:t'.'-.P�.a z:i':.s�a.�.'�`-7m=a ,pvc3;.::ta: t>=4'a= �:�£-- «. af�=•�"'�:"�i. =" ma's c}^'�r^-s:Y�`.Y:- w?� `-` .^::'Xs'�a�"`3 foregoing provision in all contracts and subcontracts entered into in furtherance of the transactions contemplated by this Agreement. XII. COMPLIANCE WITH GRANT REQUIREMENTS 1. Each of the Parties hereto shall comply and assure that any employee, personnel, representatives, agents, contractors, other contractors, subcontractors and vendors engaged by them in the performance of this Agreement shall comply with all applicable requirements of the FY 2020 Local Law Enforcement Crime Gun Intelligence Center (CGIC) Integration initiative grant award grant to the City. 2. The Parties acknowledge that they are familiar with and agree to comply with the DOJ Grants Financial Guide requirements and policies. References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htrn), including any updated version that may be posted during the period of performance under this Agreement. XIII. REPRESENTATIONS AND WARRANTIES OF EACH PARTY TO THIS AGREEMENT 1. Each Party to this Agreement hereby represents and warrants to each of the other parties hereto as follows: a. Each Party to this Agreement has full legal right, power and authority to enter into and perform this Agreement. b. Each Party to this Agreement has taken all corporate action to authorize and approve the execution, delivery and performance of this Agreement on behalf of their respective SAO. c. This Agreement has been duly and validly authorized, executed and delivered by each Party and, assuming the due authorization and execution hereof by the other Parties hereto, constitutes the legal, valid and binding obligation of the City enforceable in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency and other laws affecting creditors' rights or remedies and the availability of equitable remedies generally and by principles of public or governmental policy limiting the enforceability of indemnification provisions. d. The execution, delivery, and performance of this Agreement by each Party to this Agreement does not conflict with, or constitute on the part of their respective entities, a violation of, breach of, or default under any provision of its Articles of Incorporation and/or bylaws, or any statute, indenture, resolution, mortgage, deed of trust, note agreement or other agreement or instrument to which the their respective SAO is party or by which the Party is bound, or any order, rule. or regulation of any court or governmental agency or body having jurisdiction over each Party or any of its activities or properties. 6 a Ms^-`w c mt. ,e�taua..^-ee�,..:tans"•€ s�,•:*v- „ +cif,Y aw..+eve, ta,7104e4.:i ..avta.r7PR,-, 744,4 R"X�a.• e. There is no action, suit, proceeding, inquiry, or investigation, at law or in equity, pending before any court, public board, or body, or, to each Party to this Agreement knowledge, threatened, against or affecting each Party. wherein an unfavorable decision, ruling or finding would materially adversely affect the transactions contemplated by, or the validity or enforceability of, this Agreement. f. None of the Parties, nor any person in its behalf, has paid or agreed to pay any commission, percentage or fee of any kind to any person or SAO contingent upon or resulting from entering into or performing this Agreement. XIV. MEDIATION AND DISPUTE SETTLEMENT 1. In the event of a dispute arising out of or relating to this Agreement or its operation, performance or non-performance, the Parties agree to make a good faith effort to amicably resolve their dispute on mutually acceptable terms via negotiation. If that should prove unsuccessful after thirty (30) days, then the Parties agree to submit their dispute to mediation in Miami -Dade County, Florida. utilizing a neutral third -party mediator acceptable to the Parties to attempt to facilitate a mutually acceptable settlement of the dispute. 2. The Party requesting mediation shall serve upon the other parties to the dispute or claim a written demand for mediation stating the substance of the dispute or claim and the contention of the party requesting mediation, and the name, address and telephone number of at least three (3) mediators qualified to mediate the dispute or claim. XV. MISCELLANEOUS PROVISIONS 1. Further Assurances. Each of the parties hereto agrees to take or cause to be taken such further actions, to execute, deliver and file or cause to be executed. delivered and file such further documents, and to use best reasonable efforts to obtain such consents, as may be necessary or as may be reasonably requested in order to fully effectuate the purposes, terms and conditions of this Agreement. Such actions shall include fully and effectively settling or resisting and defending against any action by any third party which would interfere with the full and timely performance of this Agreement by any party. 2. Liability. Nothing in this Agreement shall be construed to constitute any party to be a partner, joint venture, employee or agent of any other party. nor shall any party have authority to bind the other in any respect, it being intended that each party shall remain an independent contractor, and except as otherwise provided herein. solely responsible for its own actions. The City shall not be liable under any contracts or obligations of each Party apart from this Agreement, or for any acts or omissions of each other Party or its officers, directors, members, employees, agents. Contractors, Subcontractors or vendors at any time. 3. Notices. Any notice required or desired to be served. given or delivered hereunder shall be in writing, and shall be deemed to have been validly served, given or delivered (a) ten (10) days after deposit in the United States mails by registered or certified mail, postage 7 prepaid, return receipt requested, (b) when sent after receipt of confirmation or answerback if sent by telecopy, or other similar facsimile transmission, (c) one (1) day after deposited with a reputable overnight courier with all charges prepaid, or (d) when delivered, if hand - delivered by messenger, all of which shall be properly addressed to the party to be notified and sent to the address or number indicated as follows: If to the City of Miami: Art Noriega, City Manager 444 SW 2nd Avenue, 10th Floor Miami, FL 33130-1910 With a copy (which shall not constitute notice) to: George K. Wysong, III, City Attorney 444 SW 2nd Avenue, Suite 945 Miami, FL 33130-1910 If to the SAO: Attn: Annette Perez Executive Director 1350 NW 12th Avenue, Miami, Florida, 33136 Phone Number: 305-610-3585 Email: Stephenktalpins@miamisao.com or such other address as shall have been specified in writing by either Party to the other. 4. Severability. If any one (1) or more of the covenants, agreements, provisions or terms of this Agreement, or any other agreement, document or writing given pursuant to or in connection with this Agreement, is held invalid for any reason whatsoever, then the covenants, agreements, provisions or terms will be deemed severable from the remaining covenants, agreements, provisions or terms of this Agreement and will in no way affect the validity or enforceability of the other provisions of this Agreement. 5. Survival. All governing law, warranties, indemnities, termination and retention of records made in this Agreement shall survive the termination of this Agreement and any investigation, audit or inspection made by any other party. 6. Waiver. Neither the waiver by any party hereto of a breach of or default under any of the provisions of this Agreement, nor the failure of any party to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature or as a waiver of any other provisions, rights or privileges hereunder. No failure or delay on the part of 8 any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof. 7. Assignment and Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns, provided that this Agreement shall not be assignable by any party without the prior written consent of the other parties hereto except, in the case of assignment by the City to another organization affiliated with the City. 8. Amendment. No amendment, modification or discharge of this Agreement, and no waiver hereunder, shall be valid or binding unless set forth in writing and duly executed by the party against whom enforcement thereof is sought. 9. Entire Agreement. This Agreement, including all Attachments hereto. constitute the entire agreement among the parties hereto with respect to the subject matter hereof, and supersede all prior oral or written agreements, commitments, understandings or proposals with respect to the matters provided for herein. 10. Headings. Paragraph headings contained in this Agreement are inserted for convenient reference only, shall not be deemed to be a part of this Agreement for any purpose, and shall not in any way define or affect the meaning, construction or scope of any of the provisions hereof. 11. Governing Law. This Agreement, the rights and obligations of the parties hereto, and any disputes or claims relating thereto, shall be governed by and construed in accordance with the laws of the State of Florida. This Agreement will be interpreted without reference to any law, rule or custom construing this. Agreement against the party which drafted this Agreement. 12. Time is of the Essence. All times, wherever stated in this Agreement, shall be of the essence of this Agreement. 13. Examination of Records. The City agrees that any duly authorized representative of each of the Parties shall, until the expiration of three (3) years after the final funding is dispersed under this Agreement, have access to and the right to examine any books, documents, papers and records of the City involving transactions related to this Agreement. 14. Florida Public Records and Government in the Sunshine Requirements. Notwithstanding and prevailing over any provision in this Agreement, the Parties agree and acknowledge that the City and the SAO are each a governmental SAO subject to the State of Florida's open government laws, including the Florida Public Records Law in Chapter 119 of the Florida Statutes and the Florida's Government -in -the -Sunshine Law in Chapter 286 of the Florida Statutes. The Parties agree and acknowledge that pursuant to Florida's open government laws the City's governing body, the Miami City Commissioners, shall each take up for consideration the approval of this Agreement in a public meeting. By entering into this Agreement, the Parties acknowledge that they are subject to and will comply with 9 Chapter 119 Public Records Laws, Florida Statutes, as amended from time to time, to the extent applicable. 15. Government SAO Rights as Sovereign & No Liability for Exercise of Police Power. Notwithstanding and prevailing over any contrary provision in this Agreement, it is expressly understood that the government entities that are a Party to this agreement retain all of their sovereign prerogatives and rights as a state, county or city SAO under Florida laws and shall in no way be estopped from withholding or refusing to issue any approvals of applications for building, zoning, planning or development under present or future laws and regulations of whatever nature. The government entities shall not by virtue of this Agreement be obligated to grant the non -government entities in this Agreement any approvals of applications for building, zoning, planning, improving, equipping, or development under present or future laws and ordinances of whatever nature. IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed on their behalf as of the date of this Agreement: For CITY OF MIAMI, a municipal corporation: Art Noriega, City Manager odd B. Hannon. City Clerk APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE AND CORRECTNESS: REQUIREMENTS: /4/ -a- Jfna_. eorge K. Wysong,`III City Attorney (JCP / 25-1430 - MDC SAO - Gun Violence Research Proj) David Ruiz, Interim Risk Management Director Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 10 For MIAMI-DADE COUNTY STATE ATTORNEY'S OFFICE: Date: Katherine Fernandez Rundle State Attorney 11 ®� s.�.w-.�.�.,-..��-:�=r��,r3��-.�-team:��as".,.'��•+ash^;°ps•v�:-s�s�=�'3''Sr�'::�"�'i s'"?� �-�-t�"=:-.�*si��..� Attachment A Scope of Work: 1. The SAO will utilize overtime funds to support gun crimes investigations in the following amounts, as identified in the FY 2020 Local Law. Enforcement Crime Gun Intelligence Center (CGIC) Integration initiative budget. 2. The SAO will purchase the following software, as identified in the FY 2020 Local Law Enforcement Crime Gun Intelligence Center (CGIC) Integration initiative budget: a. ArcGIS licenses and training subscriptions b. IBM 12 Analyst's Notebook licenses 3. The SAO will purchase the following hardware_ as identilied in the FY 2020 Local Law Enforcement Crime Gun Intelligence Center (CGIC) Integration initiative budget: a. Laptop computers b. Desktop computer c. Computer monitors d. Computer Accessories For further information, see that attached updated budget for the grant. 12 Attachment 13 ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The SAO is a governmental entity authorized to transact business in the State of Florida. b. The SAO is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental SAO as defined in Section 287.138(1), Florida Statutes (2024). c. The SAO is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The SAO does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024). 2. Under penalties of perjury, pursuant to Section 92.525, Florida Statutes, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. I am an officer, a representative, or individual of the SAO authorized to execute this Anti -Human Trafficking Affidavit. FURTHER AFFIANT SAYETH NAUGHT. Entity/Individual: Miami -Dade County State Attorney's Office Name: Katherine F Signature: Office Address: E.R. Graham Build g, 1350 NW 12th Avenue, Miami, Florida. 33136 Email Address: stephenktalpins:i nirunisao.com Main Phone Number: 305-610-3585 z Rue Attorney 13 5